SW Acts 2016-19
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 or the week ending March 17th 2017
In addition, the Act increases the income disregards for the One-Parent Family Payment and Farm Assist schemes. The Act also contains a series of non- Budgetary and technical amendments to the Social Welfare Consolidation
The 2016 Act provides for an increase of €5 in the weekly rate of Maternity Benefit with effect from 13 March 2017. The 2016 Act provides for an increase of €5 in the weekly rate of Adoptive Benefit with effect from 13 March 2017. The 2016 Act provides for an increase of €5 in the weekly rate of Paternity Benefit with effect from 13 March 2017.
The 2016 Act provides for the extension of Treatment Benefit to the selfemployed and the extension of treatments under the Dental and Optical schemes to both employed and self-employed contributors.
The 2016 Act allows lone parents who were in receipt of One-Parent Family Payment (OFP) and Blind Pension to retain their OFP payment until their youngest child turns 16.
The 2016 Act amends the definition of a “qualified child” for the purposes of the Supplementary Welfare Allowance scheme to provide that the qualified child must be ordinarily resident in the State.
The 2016 Act requires employers to provide information in relation to Child Benefit claims.
The 2016 Act provides that Maternity, Health and Safety, Adoptive and Paternity Benefit may be paid concurrently with the Back to Work Family Dividend.
The 2016 Act provides for regulatory making powers to allow the Minister to prescribe a specified time for making a Paternity Benefit claim.
The 2016 Act provides for the amendment of regulatory making powers relating to the nomination of agents to enable certain restrictions, as provided for in the Department of Social Protection/An Post protocol, to be applied when appointing temporary agents.
The 2016 Act provide for new rates in relation to social insurance benefits.
2016 Act Benefit Increases
Maximum rates of weekly insurance-based pensions and benefits including
- State Pension (Contributory),
- Widow’s,Widower’s and Surviving Civil Partner’s (Contributory) Pension,
- Invalidity
- Pension,
- Carer’s Benefit,
- Health and Safety Benefit,
- Illness Benefit,
- Injury
- Benefit,
- Disablement Pension,
- Death Benefit,
- Jobseeker’s Benefit and
- Deserted Wife’s Benefit
are to be increased by €5, with proportionate increases for those in receipt of reduced rate payments. Proportionate increases for qualified adult dependants are also provided for. Recipients of Guardian’s Payment (Contributory) will receive an increase of €15 per week.
All recipients of State Pension (Contributory) will receive the increased rate of payment in week ending 10th March 2017. Persons who have attained pensionable age (66 years) and are in receipt of Widow’s, Widower’s, Surviving Civil Partner’s (Contributory) Pension, Death Benefit or Deserted Wife’s Benefit also received the increased rate of payment in week ending 10th March 2017 while recipients of those payments who were under 66 years will receive the increase in week ending 17th March 2017.
The 2016 Act provides for an increase in the earnings disregard for the One-Parent Family Payment scheme from €90 to €110 per week. This measure came into effect from 5 January 2017.
The 2016 Act provide for new rates in relation to social assistance payments. Maximum weekly allowances including State Pension (Non-Contributory), Widow’s, Widower’s and Surviving Civil Partner’s (Non-Contributory) Pension, Jobseeker’s Allowance, Disability
Allowance, Blind Pension, Carer’s Allowance, One-Parent Family Payment, Jobseeker’s Transitional Payment, Deserted Wife’s Allowance, Supplementary Welfare Allowance and Farm Assist are to be increased by €5, with proportionate increases for those in receipt of reduced ratepayments.
Proportionate increases for qualified adult dependants are also provided for. Recipients of Guardian’s Payment (Non-Contributory) will receive an increase of €15 per week.
2017 Act
The 2017 Act was designed to give legislative effect to a range of Social Welfare measures announced in the Expenditure Report of 10 October 2017 including increases in weekly welfare rates of pensions, benefits and allowances and proportionate increases for qualified adult dependants as well as an increase in the Qualified Child Increase payment.
Provisions were included which provide for the extension of entitlement to Maternity Benefit and Maternity Leave in cases of premature births. The Act also provided for measures such as the redesignation of the Family Income Supplement as the Working Family Payment and an increase in the National Training Fund levy.
The 2017 Act provided for a new rate of Maternity Benefit with effect from 26 March 2018.
The 2017 Act provided for a new rate of Adoptive Benefit with effect from 26 March 2018.
The 2017 Act provided for a new rate of Paternity Benefit with effect from 26 March 2018.
The 2017 Act set out the proportionate increases in the rates of Jobseeker’s Benefit which are payable where the average reckonable weekly earnings are less than a prescribed amount.
The 2017 Act provide for new rates in relation to social insurance benefits. All maximum weekly insurance-based pensions and benefits including State Pension (Contributory), Widow’s, Widower’s and Surviving Civil Partner’s (Contributory) Pension, Invalidity Pension,
Carer’s Benefit, Maternity/Paternity/Health and Safety/Adoptive Benefit, Illness Benefit, Injury Benefit, Jobseeker’s Benefit, Guardian’s Payment (Contributory) and Disablement Pension are to be increased by €5, with proportionate increases for those in receipt of reduced rate payments.
Proportionate increases for qualified adult dependants are also provided for along with an increase of €2 per week in the Qualified Child Increase payment.
The 2017 Act provided for an increase in the earnings disregard for One- Parent Family Payment from €110 to €130 per week.
2017 Act Benefit Increases
The 2017 Act provided for new rates in relation to social assistance payments. All maximum weekly allowances including
State Pension (Non-Contributory), Widow’s, Widower’s and Surviving Civil Partner’s (Non-Contributory) Pension, Jobseeker’s Allowance, Disability Allowance, Carer’s Allowance, One-Parent Family Payment, Guardian’s Payment (Non-Contributory), Farm Assist and Supplementary Welfare Allowance are to be increased by €5, with proportionate increases for those in receipt of reduced rate payments.
Proportionate increases for qualified adult dependants were also provided for along with an increase of €2 per week in the Qualified Child Increase payment. It also provided that jobseekers aged under 26 on a reduced rate payment were to receive the full €5 increase per week.
2018 Act
The 2018 Act provided for new rates in relation to social insurance benefits. All maximum weekly insurance-based pensions and benefits including State Pension (Contributory), Widow’s, Widower’s and Surviving Civil Partner’s (Contributory) Pension, Invalidity Pension, Carer’s Benefit, Maternity/Paternity/Health and Safety/Adoptive Benefit, Illness Benefit, Injury Benefit, Jobseeker’s Benefit, Guardian’s Payment (Contributory) and Disablement Pension were increased by €5, with proportionate increases for those in receipt of reduced-rate payments.
Proportionate increases for qualified adult dependants were also provided for along with an increase of €2.20 (for children aged under 12) and €5.20 per week (for children aged 12 and over) in the Qualified Child Increase payment. These measures came into effect on dates between 21 March 2019 and 29 March 2019.
The 2018 Act was designed primarily to give legislative effect to a range of Social Welfare measures announced in the Expenditure Report of 9 October 2018 including increases in weekly welfare rates of pensions, benefits and allowances and proportionate increases for qualified adult dependants.
The 2018 Act provided for a new weekly rate of Maternity Benefit with effect from 25 March 2019. The 2018 Act provided for a new weekly rate of Adoptive Benefit with effect from 25 March 2019. The 2018 Act provided for a new weekly rate of Paternity Benefit with effect from 25 March 2019.
The 2018 Act set out the proportionate increases in the rates of Jobseeker’s Benefit which are payable where the average reckonable weekly earnings are less than a prescribed amount. The new rates took effect from 21 March 2019.
2018 Act Benefit Increases
The 2018 Act provided for new rates in relation to social assistance payments. All maximum weekly allowances including State Pension (Non-Contributory), Widow’s, Widower’s and Surviving Civil Partner’s (Non-Contributory) Pension, Jobseeker’s Allowance, Disability Allowance, Carer’s Allowance, One-parent Family Payment, Guardian’s Payment (Non-Contributory), Farm Assist and Supplementary Welfare Allowance are to be increased by €5, with proportionate increases for those in receipt of reduced-rate payments.
Proportionate increased for qualified adult dependants are also provided for along with an increase of €2.20 (for children aged under 12) and €5.20 per week (for children aged 12 and over) in the Qualified Child Increase payment. These measures came into effect on dates between 20 March 2019 and 29 March 2019.
2019 Act
The 2019 Act is designed to give legislative effect to a range of Social Welfare measures announced in the Budget on 8 October 2019. It also provided for a number of technical changes to the Social Welfare Consolidation Act 2005 to ensure that certain provisions are updated (for example, to reflect the establishment of TUSLA insofar as it affects the application of income disregards for people who are engaged in fostering) or to bring legislative measures fully into line with policy and practice (e.g. in relation to the treatment of payments after death).
The 2019 Act provides for the repeal of section 282 of the Social Welfare Consolidation Act 2005 which currently provides for reduced cost life event (birth, marriage or death) certificates. The provisions allow regulations to be made by the Minister for Employment Affairs and Social Protection for the purpose of setting the fees (if any) for the provision of life event certificates.
2019 Act Benefit Increase
The 2019 Act provided for a €2.00 increase in the rate of the qualified child increase for children aged under 12, from €34.00 to €36.00 per week, and an increase of €3.00, from €37.00 to €40.00 per week for children aged 12 and over where the claimant is in receipt of a social insurance benefit. The Living Alone Allowance was also increased by €5.00 per week.
The 2019 Act provides an amendment to the National Minimum Wage Act 2000 to provide that where the Minister of the day is not in a position to implement the recommendations of the Low Pay Commission, as is the case currently as a consequence of the uncertainties associated with Brexit, he or she may subsequently issue an Order in respect of the year or part of the year to which Commission’s recommendation relates.
It provides for an amendment to the National Training Fund Act 2000 to provide for a 0.1% increase (from 0.9% to 1.0%) in the National Training Fund levy payable by employers.
Amendment to Schedule 3 of Principal Act (Carer’s Allowance Capital Disregard)