SWCA 2005 Chapter 6 Miscellaneous Provisions (ss. 279-298) 279. Provisions relating to maintenance. Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of Part 2 to be wholly or mainly maintaining another person. 280. Free certificates. (1)The Minister may arrange for the issue for the purposes of Part 2 or 3 of medical […]
Non-Contributory The widow/widower’s non-contributory pension is payable to widowers under pension age. The widower’s pension is not payable to persons who have reached pension age. It is not payable to a person who has remarried, entered a civil partnership or is cohabiting. It is not payable to a person resident outside the State. A Widow’s, Widower’s or Surviving Civil Partner’s (Non-Contributory) Pension is a means-tested […]
Affordable Childcare Scheme The Childcare Support Act 2018 provides a statutory basis for the Affordable Childcare Scheme, which will replace a number of administrative schemes. The Affordable Childcare Scheme is intended to provide financial support for parents to help meet the cost of childcare. The Scheme makes childcare more affordable for parents through making payments to registered childcare service providers that must be used to […]
1960s Children’s allowance was extended to the first child in 1963. The second Program for Economic Expansion 1963 sought to improve social welfare services in line with improvements in the national income and prosperity, Expenditure on social welfare increased only gradually from 5.9 to 6.2 percent in the decade to 1965. However, this covered years during in which real GDP fell. The contributory old age […]
Occupational Injuries The Occupational Injuries Scheme provides benefits for people injured or incapacitated by an accident at work or while travelling directly to or from work. The scheme also covers people who have contracted a disease as a result of the type of work they do. There are a number of benefits available and there are different conditions attached to each benefit. The benefits are: […]
Changes to Rebate The 2011 Act provides for amendments to the Redundancy Payments Act 1967 by way of a reduction from 60% to 15% in the rebates paid to employers from the Social Insurance Fund. This reduction applied in the case of rebates paid to employers on or after 1 January 2012 in respect of the statutory redundancy lump-sum payments made to employees who are […]
Back to Work Family Dividend The 2014 Act provided for the introduction of the Back to Work Family Dividend scheme to provide a financial incentive to jobseekers and recipients of One-Parent Family Payment who have children and who cease claiming their social welfare payment on account of that person or, where appropriate, that person’s spouse, civil partner or cohabitant, taking up employment, increasing hours of […]
2011 Act The 2011 Act was designed to give legislative effect to certain Social Welfare measures announced in the Budget Statement of 5 December 2011, which are due to come into effect from 1 January 2012. These include the following: Redundancy Payments scheme—reduction in employer rebate for statutory redundancy payments from 60% to 15%. Disablement Benefit — abolition of entitlement to Disablement Benefit where loss […]
2014 Act The Social Welfare Act 2014 gave legislative effect to one of the social protection measures announced in the Budget Statement of 14th October 2014 and which was due to take effect from 1 January 2015, i.e. the increase in the monthly rate of Child Benefit. Budget 2015 provided for a number of social protection measures. the increase in the Living Alone Allowance, effective […]
2016 Act The 2016 Act was designed to give legislative effect to a range of Social Welfare measures announced in the Expenditure Report of 11 October 2016, including increases in weekly welfare rates. The measures in question provide for increases in the weekly rates of pensions, benefits and allowances and proportionate increases for qualified adult dependants.. All increases commenced in the week ending March 10th […]
2020 Act The 2020 Act is designed to give legislative effect to a range of Social Welfare measures announced in the Budget on 13th October 2020. This includes a provision to repeal the increase in State Pension age. The Programme for Government stated that the planned increase in the State Pension age next year would be deferred, and it would remain at 66, pending the […]
Registering for PPS The 2010 Act clarifies the position with regard to the information to be provided by or in respect of a customer registering for a Personal Public Service (PPS) Number. The Social Welfare Consolidation Act 2005 currently requires that a photograph and signature be submitted for any customer registering for a PPS Number. Where an t-Ard Chláratheoir has directed that an entry be […]
Qualifying Adult Many Social Welfare Payments carry an addition/ increase in respect of a qualified adult (IQA). The adult addition applies with respect to most social welfare benefits. There are differences with respect to non-contributory old-age pension. This addition is not payable with all Social Welfare Payments, including particular widowers’ and loan parents’ payments. A qualified adult is generally a spouse (or a civil partner […]
Domiciliary Care Allowance A Domiciliary Care Allowance is a monthly payment to assist with the cost of a severely disabled child who requires full-time care and attention. The requirements must be such as are substantially beyond the requirements of a non-disabled child of the same age. The benefit is at €309.50 per month. The allowance is paid to a qualified person. It is paid in […]
Disability Allowance Disability allowance is the means tested equivalent of disability benefit. Disability allowance is payable to persons who are restricted from employment due to long term sickness and disability. In order to qualify, a person must be of normal working age (16 to 66 years ) He must by reason of a specified disability be substantially restricted in undertaking employment of a kind which […]
Qualification for Carer’s Allowance A carer’s allowance is payable to a person giving full-time care and attention to certain persons who require it. Secondary benefits are payable. The person must reside with and provide full-time care and attention to the other person. Under some circumstances, the requirement to live together may not apply. The carer must not be engaged in employment outside the home or […]
Whom Liable For The social welfare legislation defines parties who are liable relatives for the purpose of maintenance in the above contexts. A man is liable to maintain the following: wife, former wife after the dissolution of marriage, civil partner, former civil partner after dissolution; A woman is liable to maintain husband, former husband after dissolution, civil partner, former civil partner. A person is liable […]
Available for Work A person must either be available for employment or be exempt from availability. He must show to the satisfaction of the relevant officers of the Department that he or she is willing and able to take up an offer of suitable full-time employment. If a person imposes unreasonable restrictions on the nature of employment, hours, remuneration, duration, location and conditions of employment, […]
The National Fuel Scheme may benefit households on long-term welfare payments who are unable to provide for their own heating needs. One fuel allowance only is available. A person may qualify if he is in receipt of one of the principal social welfare payments taking part in employment, education or rural social scheme with entitlement to retain secondary benefits and living alone or only with […]
General Qualification Free travel is available for persons over 66 years of age. This is also available to incapacitated persons under 66 years who live in the State. It permits the use of public transport and a large number of private bus and ferry services free of charge. A spouse of a co-habitant may also travel. Qualification is based on living permanently in the State […]
Death of Recipient If a person in receipt of a social welfare payment dies, it will continue to be paid for 6 weeks to qualified adults in certain circumstances. If the deceased was getting an increment for a qualified adult, the qualified adult will obtain six weeks of the deceased person’s payment, including the increment. Where a person is receiving one of the relevant benefits […]
Overview Treatment benefit is a social insurance-based benefit. A person may be entitled to treatment benefits in other EU states. A person from another EU State may qualify for treatment benefits on the basis of social insurance contributions in other EU states. See generally the European Union section in relation to social insurance benefits in the EU. Treatment benefit is an addition to general, dental, […]
Back to Work Allowance The back to work enterprise allowance is a weekly payment to unemployed persons who have commenced a business. They retain full social welfare payment for the first year and 75 percent in the second year. It is not taxed or subject to PRSI. The business venture must be viable and sustainable. It must be approved in writing by a local development […]
Back to Education Allowance It is possible to avail of certain full-time second and third-level courses of VTOS, Educational Training and Development schemes while retaining social welfare payments. Back to Education allowance applies to persons aged 21 or over who are in receipt of certain social welfare payments for at least three months (second level course) and nine months (third level course). Jobseeker’s Allowance Benefit […]
Former Family Income Supplement Family income supplement is payable weekly to families, including single-parent families who are at work but whose earnings are at levels below the threshold. It does not count as income for income tax or medical card assessment. Family income support is designed to supplement employees whose income is below certain levels relative to their needs. In particular, it takes account of […]
Farm Assist Farm Assist is a means tested payment for low income farmers. The person must be a farmer between the ages of 18 and 66 and satisfy a means test. A farmer is a person engaged in farming in the state including commonage. The land must be owned or leased. Husbandry means working the land with a view to extracting traditional produce and includes […]
Overview Jobseeker’s Allowance is the means tested payment in respect of unemployment. Many of the tests are similar to those set out above in respect of the Jobseeker’s Benefit. The entitlement to Jobseeker’s Allowance applies to a day of unemployment, which forms part of a period of interruption of employment. The person must be between the age of 18 and 66 years. He must prove […]
Overview Jobseeker’s Benefit is the successor to the former unemployment benefit. The 2006 Act renamed unemployment benefit as Jobseeker’s Benefit. Jobseeker’s Benefit is a flat sum prescribed by the legislation. There are increases for qualified adults and qualified children. The other additional benefits do not generally apply to Jobseekers Benefit. There must be a interruption of at least three days of employment (by way of unemployment […]
The Scheme The community employment scheme is designed to help long-term unemployed and other disadvantaged persons get back to work through part-time and temporary placements in jobs based in local communities. Participants are encouraged to seek full-time employment or part-time jobs elsewhere based on the experience and skills obtained. The scheme is administered by the Department of Social Protection. Community employment has two distinct options, […]
Invalidity Pension An invalidity pension is paid to a person who is incapable of work due to a long-term illness or disability. In order to qualify, a person must be permanently incapable of work and satisfy the contribution conditions. The definition of incapable of work is similar to that for illness benefit. The contribution conditions for an invalidity pension are: at least 260 contributions since […]
Illness Benefit The payments formerly known as disability and sickness benefit are now known as illness benefit. Illness benefit is payable to a person under 66 for days missed from employment, due to incapacity. Certain conditions apply. A day of incapacity is a day in which the person is incapable of work. The benefit is not payable for the first three days. Neither Sundays nor […]
Overview A person may qualify for carer’s benefit, if he is a carer, over 16 and resides with and provides full-time care and attention to a relevant person as defined. The definition is the same as that in respect of Carer’s Allowance. The Carer’s Leave Act entitlements are not dependent on qualification for financial carer’s leave. That Act gives an entitlement to time off work. The […]
No Assignment Any attempt to assign a social welfare book, voucher or other documents in relation to entitlement is void. However, in some cases where persons are underage or lack mental capacity, others may make the application and receive payment on their behalf. Incapacity Where a person is under 16 or is certified to lack capacity to manage his affairs, another person may be authorised […]
Repayment Assessment Overpayments may be recovered by deduction against future payments. There is discretion to vary the terms of repayment. Where an overpayment has been assessed, the person is to be informed of the factors, the proposed decision, the amount of overpayment and the method of recovery. He is to be given the opportunity to make representations in relation to the assessment, the method of […]
Overview Generally, a person must be habitually resident in the state to qualify for non-contributory benefits. In relation to certain benefits such as child benefit and healthcare, the persons must usually be ordinarily resident in the state. This requires a certain degree of continuity. The tax test does not necessarily apply. The circumstances and the lengths of time spent out of the country will be […]
Claim Required It is a condition of social welfare benefits that an application is made in the prescribed format. In some cases, the application must be made within a certain time period. A person cannot simply rely on his or her entitlement and accrue benefits pending making the claim. Where the claim is not made within a certain time limit, there may be disqualification for […]
Deciding Officers The deciding officers in the Department of Social Protection and superintendent community welfare officers adjudicate on applications for social welfare payments. The social welfare appeals office deals with social welfare appeals. The Health Service Executive operates a separate appeal in relation to supplementary welfare allowance. Deciding officers in the Department of Social Protection make decisions in relation to entitlement and other key question. […]