Social Welfare Act 2006

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Number 36 of 2006


SOCIAL WELFARE ACT 2006


ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Social insurance benefits (new rates).

3. Social assistance payments (new rates).

4. Family income supplement (new weekly rates).

5. Employment contributions (amendment to earnings limits and ceiling).

6. Optional contributions (amendment to income ceiling).

7. Maternity benefit.

8. Adoptive benefit.

9. Widowed parent grant — increase of grant.

10. State pension (non-contributory) — increase of weekly disregard.

11. Disability allowance — entitlement to allowance.

12. Excepted self-employed contributors.

13. Amendments to Health Contributions Act 1979.

14. Short title and construction.

SCHEDULE 1

SCHEDULE 2


Acts Referred to

Health Contributions Act 1979

1979, No. 4

Social Welfare Act 2005

2005, No. 30

Social Welfare Acts

Social Welfare Consolidation Act 2005

2005, No. 26

Social Welfare Law Reform and Pensions Act 2006

2006, No. 5


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Number 36 of 2006


SOCIAL WELFARE ACT 2006


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND TO AMEND THE HEALTH CONTRIBUTIONS ACT 1979.

[19th December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.— In this Act—

“ Act of 2005 ” means the Social Welfare Act 2005 ;

“ Act of 2006 ” means the Social Welfare Law Reform and Pensions Act 2006 ;

“ Principal Act ” means the Social Welfare Consolidation Act 2005 .

Social insurance benefits (new rates).

2.— (1) The Parts set out in Schedule 1 are substituted for Parts 1 to 5 of Schedule 2 (as amended by section 4 of the Act of 2006) to the Principal Act.

(2) This section comes into operation—

(a) in so far as it relates to jobseeker’s benefit, on 28 December 2006,

(b) in so far as it relates to illness benefit, health and safety benefit, injury benefit and disablement gratuity, on 1 January 2007,

(c) in so far as it relates to carer’s benefit, State pension (transition), invalidity pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178 of the Principal Act, on 4 January 2007, and

(d) in so far as it relates to disablement pension, death benefit under section 81, 82 or 83 of the Principal Act, State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension and guardian’s payment (contributory), on 5 January 2007.

(3) In its application to death benefit under section 84 of the Principal Act or bereavement grant, this section has effect in respect of persons whose entitlement to death benefit under the said section 84 or bereavement grant arises on or after 6 December 2006.

Social assistance payments (new rates).

3.— (1) The Parts set out in Schedule 2 are substituted for Parts 1 to 3 of Schedule 4 (as amended by sections 4 and 16(1) of the Act of 2006) to the Principal Act.

(2) This section comes into operation—

(a) in so far as it relates to jobseeker’s allowance, pre-retirement allowance and farm assist, on 27 December 2006,

(b) in so far as it relates to supplementary welfare allowance, on 1 January 2007,

(c) in so far as it relates to disability allowance, on 3 January 2007,

(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer’s allowance and a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178 of the Principal Act, on 4 January 2007, and

(e) in so far as it relates to State pension (non-contributory), blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and guardian’s payment (non-contributory), on 5 January 2007.

Family income supplement (new weekly rates).

4.— (1) The following section is substituted for section 228 (as amended by section 4(1) of the Act of 2005) of the Principal Act:

“228.— Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—

(a) in the case of a family which includes only 1 child, €480,

(b) in the case of a family which includes 2 children, €550,

(c) in the case of a family which includes 3 children, €625,

(d) in the case of a family which includes 4 children, €720,

(e) in the case of a family which includes 5 children, €820,

(f) in the case of a family which includes 6 children, €910,

(g) in the case of a family which includes 7 children, €1,020, or

(h) in the case of a family which includes 8 or more children, €1,090.”.

(2) This section comes into operation on 4 January 2007.

Employment contributions (amendment to earnings limits and ceiling).

5.— (1) Section 13(2) (as amended by section 5(1) of the Act of 2005) of the Principal Act is amended—

(a) in paragraph (a) by substituting “€339” for “€300”,

(b) in paragraph (b) by substituting “€339” for “€300”, and

(c) in paragraph (c) by substituting “€48,800” for “€46,600”.

(2) This section comes into operation on 1 January 2007.

Optional contributions (amendment to income ceiling).

6.— (1) Section 29(1)(b) (as amended by section 6(1) of the Act of 2005) of the Principal Act is amended by substituting “€48,800” for “€46,600”.

(2) This section comes into operation on 1 January 2007.

Maternity benefit.

7.— (1) Section 47 (as amended by section 7 of the Act of 2005) of the Principal Act is amended—

(a) in subsection (4)(a) by substituting “fortieth” for “thirty-second”,

and

(b) in subsection (5)—

(i) in paragraph (b) by substituting “26” for “22”, and

(ii) in paragraph (c)(ii)—

(I) by substituting “twenty-fourth” for “twentieth” in each place where it occurs, and

(II) by substituting “fortieth” for “thirty-second” in each place where it occurs.

(2) This section comes into operation on 1 March 2007.

Adoptive benefit.

8.— (1) Section 58(4)(b) (as amended by section 8 of the Act of 2005) of the Principal Act is amended by substituting “24” for “20” in each place where it occurs.

(2) This section comes into operation on 1 March 2007.

Widowed parent grant — increase of grant.

9.— (1) Section 137(1) (as amended by section 18 of the Act of 2006) of the Principal Act is amended by substituting “€4,000” for “€2,700”.

(2) This section has effect in respect of persons whose entitlement to a widowed parent grant arises on or after 6 December 2006.

State pension (non-contributory) — increase of weekly disregard.

10.— (1) Section 156(2)(a) (as amended by section 16(1) of the Act of 2006) of the Principal Act is amended by substituting “€30.00” for “€20.00” in each place where it occurs.

(2) This section comes into operation on 5 January 2007.

Disability allowance — entitlement to allowance.

11.— (1) Subsections (3) to (7) of section 210 of the Principal Act are repealed.

(2) This section comes into operation on 3 January 2007.

Excepted self-employed contributors.

12.— (1) The following paragraph is substituted for paragraph 2 of Part 3 of Schedule 1 to the Principal Act:

“2. A self-employed contributor who by virtue of Chapter 3 of Part 3 is in receipt of pre-retirement allowance.”.

(2) This section comes into operation on 1 January 2007.

Amendments to Health Contributions Act 1979.

13.— (1) The Health Contributions Act 1979 is amended—

(a) in section 5 by inserting the following after subsection (1):

“(1A) Notwithstanding subsection (1) of this section and subject to subsection (1B) of this section, where the amount of reckonable earnings paid exceeds—

(a) €1,925, in the case where the period in respect of which the payment concerned is made is a week, or

(b) a corresponding amount, in the case where the period in respect of which the payment concerned is made is greater or less than a week,

the health contribution payable under this section shall be calculated at the rate of—

(i) 2 per cent of €1,925 or of the corresponding amount, as the case may be, and

(ii) 2.5 per cent of the amount of the excess.

(1B) Where an individual’s reckonable earnings for a particular contribution year do not exceed €100,100, subsection (1A)(ii) of this section shall be construed as if ‘2 per cent’ were substituted for ‘2.5 per cent’ and any health contributions overpaid in respect of that contribution year shall be repaid to the individual.”,

(b) in section 6 by inserting the following after subsection (1):

“(1A) Notwithstanding subsection (1) of this section and subject to subsection (1B) of this section, where the amount of reckonable emoluments paid exceeds—

(a) €1,925, in the case where the period in respect of which the payment concerned is made is a week, or

(b) a corresponding amount, in the case where the period in respect of which the payment concerned is made is greater or less than a week,

the health contribution payable under this section shall be calculated at the rate of—

(i) 2 per cent of €1,925 or of the corresponding amount, as the case may be, and

(ii) 2.5 per cent of the amount of the excess.

(1B) Where an individual’s reckonable emoluments for a particular contribution year do not exceed €100,100, subsection (1A)(ii) of this section shall be construed as if ‘2 per cent’ were substituted for ‘2.5 per cent’ and any health contributions overpaid in respect of that contribution year shall be repaid to the individual.”,

(c) by substituting the following for section 7:

“7.— Where, in relation to an individual referred to in section 4 of this Act, reckonable income other than emoluments arises in any contribution year, the health contribution payable by that individual for that contribution year in relation to that reckonable income shall be calculated at the rate of—

(a) 2 per cent of that reckonable income where that reckonable income is not more than €100,100, and

(b) where that reckonable income exceeds €100,100, 2.5 per cent of the amount of the excess.”,

and

(d) in section 7A (as amended by section 13 of the Act of 2005)—

(i) in subsection (1)—

(I) in paragraph (a) by substituting “€480” for “€440”, and

(II) in paragraph (b) by substituting “€24,960” for “€22,880”,

and

(ii) in subsection (2) by substituting “€24,960” for “€22,880”.

(2) This section comes into operation on 1 January 2007.

Short title and construction.

14.— (1) This Act may be cited as the Social Welfare Act 2006.

(2) The Social Welfare Acts and this Act (other than section 13 ) shall be read together as one.

SCHEDULE 1

Section 2 .

“PART 1

Rates of Periodical Benefits and Increases

Description of benefit

Weekly rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase for pre-scribed relative under section 183 (where payable)

Increase where the person is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1. Illness Benefit, Jobseeker’s Benefit, Injury Benefit and Health and Safety Benefit

185.80

123.30

22.00

2. Death Benefit:

(a) pension payable to a widow or widower (section 81)

213.70

22.00

128.80

7.70

10.00

12.70

additional increase for a widow or widower (under section 81) who has attained pensionable age

(b) pension payable to a parent:

(i) reduced rate

103.30

128.80

7.70

(ii) maximumrate

213.70

128.80

7.70

(c) pension payable to an orphan

161.80

3. State Pension (Contributory) and State Pension (Transition):

209.30

139.50

22.00

128.80

7.70

10.00

12.70

additional increase for a qualified adult who has attained pensionable age

33.50

4. Invalidity Pension:

191.30

136.50

22.00

128.80

7.70

10.00

12.70

additional increase for a beneficiary who has attained the age of 65 years

18.00

additional increase where qualified adult has attained pensionable age

36.50

5. Widow’s (Contributory) Pension and Widower’s (Contributory) Pension and a payment referred to in paragraph (a) of the definition of ‘relevant payment’ in section 178:

191.30

22.00

128.80

7.70

10.00

12.70

additional increase for a beneficiary who has attained pensionable age

18.00

6.Guardian’s Payment (Contributory)

158.00

7. Carer’s Benefit:

(a) in the case of a person to whom section 102(1)(b) applies

200.70

22.00

(b) in the case of a person to whom section 102(1)(a) applies

301.10

22.00

PART 2

Occupational Injuries Benefits — Gratuities and Grant

Description of Grant

Amount

(1)

(2)

1. Disablement Benefit:

Maximum gratuity

15,180

2. Death Benefit

850

PART 3

Disablement Pension

Degree of disablement

Weekly rate

(1)

(2)

100 per cent... ... ... ...

216.90

90 per cent... ... ... ...

195.20

80 per cent... ... ... ...

173.50

70 per cent... ... ... ...

151.80

60 per cent... ... ... ...

130.10

50 per cent... ... ... ...

108.50

40 per cent... ... ... ...

86.80

30 per cent... ... ... ...

65.10

20 per cent... ... ... ...

43.40

PART 4

Increases of Disablement Pension

Description of increase

Weekly rate

Increase where the person is living alone

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

1. Increase where the person is permanently incapable of work

185.80

7.70

12.70

2. Increase where the person requires constant attendance

200.70

PART 5

Bereavement Grant

Description of Grant

Amount

(1)

(2)

Bereavement Grant:

850

”.

SCHEDULE 2

Section 3 .

“PART 1

Rates Of Periodical Social Assistance And Increases

Description of assistance

Weekly rate

Increase for qualified adult (where payable)

Increase for each qualified child (where payable)

Increase for pres-cribed relative under section 183 (where payable)

Increase where the person is living alone (where payable)

Increase where the person has attained the age of 80 years (where payable)

Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1. Jobseeker’s Allowance:

(a) in the case of a person to whom section 142(1)(a) applies

185.80

123.30

22.00

(b) in the case of a person to whom section 142(1)(b) applies

185.80

123.30

22.00

2. Pre-Retirement Allowance

185.80

123.30

22.00

3. Disability Allowance

185.80

123.30

22.00

7.70

12.70

4. State Pension (Non-Contributory)

200.00

22.00

128.80

7.70

10.00

12.70

5. Blind Pension

185.80

22.00

128.80

7.70

10.00

12.70

6. Widow’s (Non-Contributory) Pension, Widower’s (Non-Contributory) Pension and a payment referred to in paragraph (b) or (c) of the definition of ‘relevant payment’ in section 178

185.80

128.80

7.70

10.00

12.70

7. One-Parent Family Payment

185.80

22.00

10.00

12.70

8. Carer’s Allowance:

(a) in the case of a person to whom section 181(1)(a) applies

300.00

22.00

10.00

12.70

additional increase for a beneficiary who has attained pensionable age

27.00

(b) in the case of a person to whom section 181(1)(b) applies

200.00

22.00

10.00

12.70

additional increase for a beneficiary who has attained pensionable age

18.00

9. Guardian’s Payment (Non- Contributory)

158.00

10. Supplementary Welfare Allowance

185.80

123.30

22.00

11. Farm Assist

185.80

123.30

22.00

PART 2

Increase Of State Pension (Non-Contributory) For One Of A Couple Where Spouse Has Not Attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €30.00

132.20

exceed €30.00 but do not exceed €32.50

130.50

exceed €32.50 but do not exceed €35.00

128.90

exceed €35.00 but do not exceed €37.50

127.20

exceed €37.50 but do not exceed €40.00

125.60

exceed €40.00 but do not exceed €42.50

123.90

exceed €42.50 but do not exceed €45.00

122.30

exceed €45.00 but do not exceed €47.50

120.60

exceed €47.50 but do not exceed €50.00

119.00

exceed €50.00 but do not exceed €52.50

117.30

exceed €52.50 but do not exceed €55.00

115.70

exceed €55.00 but do not exceed €57.50

114.00

exceed €57.50 but do not exceed €60.00

112.40

exceed €60.00 but do not exceed €62.50

110.70

exceed €62.50 but do not exceed €65.00

109.10

exceed €65.00 but do not exceed €67.50

107.40

exceed €67.50 but do not exceed €70.00

105.80

exceed €70.00 but do not exceed €72.50

104.10

exceed €72.50 but do not exceed €75.00

102.50

exceed €75.00 but do not exceed €77.50

100.80

exceed €77.50 but do not exceed €80.00

99.20

exceed €80.00 but do not exceed €82.50

97.50

exceed €82.50 but do not exceed €85.00

95.80

exceed €85.00 but do not exceed €87.50

94.20

exceed €87.50 but do not exceed €90.00

92.50

exceed €90.00 but do not exceed €92.50

90.90

exceed €92.50 but do not exceed €95.00

89.20

exceed €95.00 but do not exceed €97.50

87.60

exceed €97.50 but do not exceed €100.00

85.90

exceed €100.00 but do not exceed €102.50

84.30

exceed €102.50 but do not exceed €105.00

82.60

exceed €105.00 but do not exceed €107.50

81.00

exceed €107.50 but do not exceed €110.00

79.30

exceed €110.00 but do not exceed €112.50

77.70

exceed €112.50 but do not exceed €115.00

76.00

exceed €115.00 but do not exceed €117.50

74.40

exceed €117.50 but do not exceed €120.00

72.70

exceed €120.00 but do not exceed €122.50

71.10

exceed €122.50 but do not exceed €125.00

69.40

exceed €125.00 but do not exceed €127.50

67.80

exceed €127.50 but do not exceed €130.00

66.10

exceed €130.00 but do not exceed €132.50

64.40

exceed €132.50 but do not exceed €135.00

62.80

exceed €135.00 but do not exceed €137.50

61.10

exceed €137.50 but do not exceed €140.00

59.50

exceed €140.00 but do not exceed €142.50

57.80

exceed €142.50 but do not exceed €145.00

56.20

exceed €145.00 but do not exceed €147.50

54.50

exceed €147.50 but do not exceed €150.00

52.90

exceed €150.00 but do not exceed €152.50

51.20

exceed €152.50 but do not exceed €155.00

49.60

exceed €155.00 but do not exceed €157.50

47.90

exceed €157.50 but do not exceed €160.00

46.30

exceed €160.00 but do not exceed €162.50

44.60

exceed €162.50 but do not exceed €165.00

43.00

exceed €165.00 but do not exceed €167.50

41.30

exceed €167.50 but do not exceed €170.00

39.70

exceed €170.00 but do not exceed €172.50

38.00

exceed €172.50 but do not exceed €175.00

36.40

exceed €175.00 but do not exceed €177.50

34.70

exceed €177.50 but do not exceed €180.00

33.10

exceed €180.00 but do not exceed €182.50

31.40

exceed €182.50 but do not exceed €185.00

29.70

exceed €185.00 but do not exceed €187.50

28.10

exceed €187.50 but do not exceed €190.00

26.40

exceed €190.00 but do not exceed €192.50

24.80

exceed €192.50 but do not exceed €195.00

23.10

exceed €195.00 but do not exceed €197.50

21.50

exceed €197.50 but do not exceed €200.00

19.80

exceed €200.00 but do not exceed €202.50

18.20

exceed €202.50 but do not exceed €205.00

16.50

exceed €205.00 but do not exceed €207.50

14.90

exceed €207.50 but do not exceed €210.00

13.20

exceed €210.00 but do not exceed €212.50

11.60

exceed €212.50 but do not exceed €215.00

9.90

exceed €215.00 but do not exceed €217.50

8.30

exceed €217.50 but do not exceed €220.00

6.60

exceed €220.00 but do not exceed €222.50

5.00

exceed €222.50 but do not exceed €225.00

3.30

exceed €225.00 but do not exceed €227.50

1.70

exceed €227.50

Nil

PART 3

Increase Of Blind Pension For One Of A Couple Where Spouse Has Not Attained Pensionable Age

Means of claimant or pensioner

Weekly rate of increase

Where the weekly means of the claimant or pensioner do not exceed €7.60

123.30

exceed €7.60 but do not exceed €10.10

121.60

exceed €10.10 but do not exceed €12.60

120.00

exceed €12.60 but do not exceed €15.10

118.30

exceed €15.10 but do not exceed €17.60

116.70

exceed €17.60 but do not exceed €20.10

115.00

exceed €20.10 but do not exceed €22.60

113.30

exceed €22.60 but do not exceed €25.10

111.70

exceed €25.10 but do not exceed €27.60

110.00

exceed €27.60 but do not exceed €30.10

108.40

exceed €30.10 but do not exceed €32.60

106.70

exceed €32.60 but do not exceed €35.10

105.10

exceed €35.10 but do not exceed €37.60

103.40

exceed €37.60 but do not exceed €40.10

101.70

exceed €40.10 but do not exceed €42.60

100.10

exceed €42.60 but do not exceed €45.10

98.40

exceed €45.10 but do not exceed €47.60

96.80

exceed €47.60 but do not exceed €50.10

95.10

exceed €50.10 but do not exceed €52.60

93.40

exceed €52.60 but do not exceed €55.10

91.80

exceed €55.10 but do not exceed €57.60

90.10

exceed €57.60 but do not exceed €60.10

88.50

exceed €60.10 but do not exceed €62.60

86.80

exceed €62.60 but do not exceed €65.10

85.10

exceed €65.10 but do not exceed €67.60

83.50

exceed €67.60 but do not exceed €70.10

81.80

exceed €70.10 but do not exceed €72.60

80.20

exceed €72.60 but do not exceed €75.10

78.50

exceed €75.10 but do not exceed €77.60

76.80

exceed €77.60 but do not exceed €80.10

75.20

exceed €80.10 but do not exceed €82.60

73.50

exceed €82.60 but do not exceed €85.10

71.90

exceed €85.10 but do not exceed €87.60

70.20

exceed €87.60 but do not exceed €90.10

68.60

exceed €90.10 but do not exceed €92.60

66.90

exceed €92.60 but do not exceed €95.10

65.20

exceed €95.10 but do not exceed €97.60

63.60

exceed €97.60 but do not exceed €100.10

61.90

exceed €100.10 but do not exceed €102.60

60.30

exceed €102.60 but do not exceed €105.10

58.60

exceed €105.10 but do not exceed €107.60

56.90

exceed €107.60 but do not exceed €110.10

55.30

exceed €110.10 but do not exceed €112.60

53.60

exceed €112.60 but do not exceed €115.10

52.00

exceed €115.10 but do not exceed €117.60

50.30

exceed €117.60 but do not exceed €120.10

48.60

exceed €120.10 but do not exceed €122.60

47.00

exceed €122.60 but do not exceed €125.10

45.30

exceed €125.10 but do not exceed €127.60

43.70

exceed €127.60 but do not exceed €130.10

42.00

exceed €130.10 but do not exceed €132.60

40.30

exceed €132.60 but do not exceed €135.10

38.70

exceed €135.10 but do not exceed €137.60

37.00

exceed €137.60 but do not exceed €140.10

35.40

exceed €140.10 but do not exceed €142.60

33.70

exceed €142.60 but do not exceed €145.10

32.10

exceed €145.10 but do not exceed €147.60

30.40

exceed €147.60 but do not exceed €150.10

28.70

exceed €150.10 but do not exceed €152.60

27.10

exceed €152.60 but do not exceed €155.10

25.40

exceed €155.10 but do not exceed €157.60

23.80

exceed €157.60 but do not exceed €160.10

22.10

exceed €160.10 but do not exceed €162.60

20.40

exceed €162.60 but do not exceed €165.10

18.80

exceed €165.10 but do not exceed €167.60

17.10

exceed €167.60 but do not exceed €170.10

15.50

exceed €170.10 but do not exceed €172.60

13.80

exceed €172.60 but do not exceed €175.10

12.10

exceed €175.10 but do not exceed €177.60

10.50

exceed €177.60 but do not exceed €180.10

8.80

exceed €180.10 but do not exceed €182.60

7.20

exceed €182.60 but do not exceed €185.10

5.50

exceed €185.10 but do not exceed €187.60

3.80

exceed €187.60 but do not exceed €190.10

2.20

exceed €190.10

Nil

”.