An Act to amend and extend the Social Welfare Acts; to amend and extend the Pensions Act 1990 to provide for the appointment, as Pensions Ombudsman, of the person who also holds the Office of Financial Services Ombudsman; and to provide for related matters.

[16 th December, 2015]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title, construction, collective citations and commencement

1. (1) This Act may be cited as the Social Welfare and Pensions Act 2015.

(2) The Social Welfare Acts and Part 2 shall be construed together as one Act.

(3) The Pensions Acts 1990 to 2014 and Part 3 shall be construed together as one Act and may be cited together as the Pensions Acts 1990 to 2015.

(4) Part 3 shall come into operation on such day or days as the Minister for Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

PART 2

Amendments to Social Welfare Acts

Definitions

2. In this Part—

“Act of 2010” means the Social Welfare and Pensions Act 2010 ;

“Act of 2013” means the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 ;

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

Social insurance benefits (new rates)

3. (1) The Principal Act is amended, in Schedule 2—

(a) in Part 1 (amended by section 12 of the Social Welfare and Pensions Act 2013 )—

(i) by the substitution of the following reference for reference 2(a):

“

2. Death Benefit:
(a) pension payable to a widow, widower or surviving civil partner (section 81)	218.50	—	29.80	143.00	9.00	10.00	12.70
additional increase for a widow, widower or surviving civil partner (under section 81) who has attained pensionable age	19.20	—	—	—	—	—	—

”,

(ii) by the substitution of the following reference for reference 3:

“

3. State Pension (Contributory):	233.30	155.50	29.80	143.00	9.00	10.00	12.70
additional increase for a qualified adult who has attained pensionable age	—	53.50	—	—	—	—	—
3A. State Pension (Transition):	230.30	153.50	29.80	143.00	9.00	10.00	12.70
additional increase for a qualified adult who has attained pensionable age	—	52.80	—	—	—	—	—

”,

(iii) by the substitution of the following reference for reference 4:

“

4. Invalidity Pension:

additional increase where a qualified adult has attained pensionable age before 2 January 2014

193.50

—

138.10

70.90

29.80

—

143.00

—

9.00

—

10.00

—

12.70

—

”,

and

(iv) by the substitution of the following reference for reference 5:

“

5. Widow’s (Contributory) Pension, Widower’s (Contributory) Pension and Surviving Civil Partner’s (Contributory) Pension and a payment referred to in paragraph (a) of the definition of ‘relevant payment’ in section 178(1):	193.50	—	29.80	143.00	9.00	10.00	12.70
additional increase for a beneficiary who has attained pensionable age	39.80	—	—	—	—	—	—

”,

and

(b) in Part 4 (amended by section 3 of the Social Welfare Act 2010 ) by the substitution of the following reference for reference 1:

“

1. Increase where the person is permanently incapable of work:

188.00

124.80

29.80

9.00

12.70

additional increase for a beneficiary who has attained the age of 66 years

19.30

—

additional increase where the qualified adult has attained the age of 66 years

—

12.80

—

.”.

(2) This section comes into operation—

(a) in so far as it relates to invalidity pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1) of the Principal Act, on 7 January 2016, and

(b) in so far as it relates to disablement pension, death benefit under section 81 of the Principal Act, State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension, on 8 January 2016.

Social assistance payments (new rates)

4. (1) The Principal Act is amended, in Schedule 4—

(a) in Part 1 (amended by section 4 of the Social Welfare Act 2010 )—

(i) by the substitution of the following reference for reference 4:

“

4. State Pension (Non-Contributory)

222.00

—

29.80

143.00

9.00

10.00

12.70

”,

and

(ii) by the substitution of the following reference for reference 8:

“

8. Carer’s Allowance:
(a) in the case of a person to whom section 181(1)(a) applies	306.00	—	29.80	—	—	10.00	12.70
additional increase for a beneficiary who has attained pensionable age	57.00	—	—	—	—	—	—
(b) in the case of a person to whom section 181(1)(b) applies	204.00	—	29.80	—	—	10.00	12.70
additional increase for a beneficiary who has attained pensionable age	38.00	—	—	—	—	—	—

”,

and

(b) by the substitution of the Part set out in Schedule 1 for Part 2 (amended by section 4 of the Social Welfare (Miscellaneous Provisions) Act 2008 ).

(2) This section comes into operation—

(a) in so far as it relates to carer’s allowance, on 7 January 2016, and

(b) in so far as it relates to State pension (non-contributory), on 8 January 2016.

Renaming of respite care grant

5. (1) Each provision of the Principal Act and each instrument mentioned in column (1) of Schedule 2 is amended in the manner specified in column (2) of Schedule 2 opposite the mention of that provision or instrument, as the case may be, in column (1).

(2) Every reference in any Act, or in any instrument made under any Act, passed or made before the commencement of this section, to respite care grant shall be construed as a reference to carer’s support grant.

(3) This section comes into operation on 1 January 2016.

Carer’s support grant - new rate

6. (1) Section 225 (amended by section 5 of the Social Welfare Act 2012 ) of the Principal Act is amended in subsection (1) by the substitution of “€1,700” for “€1,375”.

(2) This section comes into operation on 1 June 2016.

Amounts of child benefit

7. (1) Section 221 (amended by section 2 of the Social Welfare and Pensions (No. 2) Act 2014 ) of the Principal Act is amended, in subsection (1), by the substitution of “€140” for “€135”.

(2) This section comes into operation on 1 January 2016.

Family income supplement (new weekly rates)

8. (1) The Principal Act is amended by the substitution of the following section for section 228 (amended by section 5 of the Social Welfare and Pensions (No. 2) Act 2009 ):

“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, €511,

(b) in the case of a family which includes 2 children, €612,

(d) in the case of a family which includes 4 children, €834,

(e) in the case of a family which includes 5 children, €960,

(f) in the case of a family which includes 6 children, €1,076,

(g) in the case of a family which includes 7 children, €1,212, or

(h) in the case of a family which includes 8 or more children, €1,308.”.

(2) This section comes into operation on 7 January 2016.

Payment after death - carer’s allowance

9. (1) Section 248(2) of the Principal Act is amended—

(a) in paragraph (e), by the deletion of “or carer’s allowance” in each place that it occurs, and

(b) by the insertion of the following paragraph after paragraph (e):

“(ea) where a person is in receipt of carer’s allowance and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer’s allowance shall continue to be made for 12 weeks after the death of the relevant person,”.

(2) This section comes into operation on 1 January 2016.

Employment contributions - increase in PRSI thresholds

10. (1) Section 13 of the Principal Act is amended in subsection (2) by—

(a) the substitution of the following paragraph for paragraph (b):

“(b) Subject to regulations under section 14, where in any contribution week a payment of more than €352 and not exceeding €424 is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor—

(i) a contribution shall be payable by the employed contributor, and

(ii) the rate at which that contribution shall be payable shall be the rate of 4 per cent of the amount of the reckonable earnings in that week of each employment reduced by the equivalent of the difference between €12 and one-sixth of the difference between the reckonable earnings of that contributor and €352.01 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).”,

(b) the substitution of the following paragraph for paragraph (d):

“(d) Subject to paragraph (da), subsection (8) and regulations under section 14, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, a contribution shall be payable by the employed contributor’s employer—

(i) at the rate of 7.8 per cent of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings do not exceed €376 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis), and

(ii) at the rate of 10.05 per cent of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings exceed €376 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).”,

(d) the insertion of the following paragraph after paragraph (da) (amended by section 13 of the Social Welfare Act 2011 ):

“(db) Subject to regulations under section 14, where in any contribution week a payment of more than €424 is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor—

(i) a contribution shall be payable by the employed contributor, and

(ii) the rate at which that contribution shall be payable shall be the rate of 4 per cent of the amount of the reckonable earnings in that week of each employment (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).”.

(2) This section comes into operation on 1 January 2016.

Liability to maintain family

11. The Principal Act is amended—

(a) in section 2(7) (amended by section 15 of the Act of 2010)—

(i) in clause (I) of paragraph (a)(i), by the substitution of “spouse” for “wife”,

(ii) in clause (II) of paragraph (a)(i), by the substitution of “former spouse” for “former wife”,

(iii) in paragraph (a)(ii), by the substitution of “other parent of that qualified child” for “mother”,

(iv) in clause (I) of paragraph (b)(i), by the substitution of “spouse” for “husband”,

(v) in clause (II) of paragraph (b)(i), by the substitution of “former spouse” for “former husband”, and

(vi) in paragraph (b)(ii), by the substitution of “other parent of that qualified child” for “father”,

(b) in section 344(1) (amended by section 24 of the Act of 2010)—

(i) by the deletion of the definitions of “husband” and “wife”, and

(ii) by the insertion of the following definition:

“ ‘spouse’ in relation to a person who has been married more than once, refers only to the last spouse of that person and for this purpose that last spouse shall be read as including the person to whom, but for the fact that the marriage has been dissolved, being a dissolution recognised as valid in the State, that person would be married.”,

and

(i) in paragraph (a)(i), by the substitution of “spouse” for “wife”, and

(ii) in paragraph (b)(i), by the substitution of “spouse” for “husband”.

Meaning of spouse and civil partner for certain purposes

12. Section 3 (amended by section 16 of the Act of 2010) of the Principal Act is amended by the substitution of the following subsection for subsection (10):

“(10) For the purposes of sections 43, 56, 66, 76, 77A, 102, 112, 117, 122, 134, 141(2) (d), 146, 149(4), 150(3), 158, 161D, 181(4), 210(2), 211(3), 214(2), 216, 219(2), 250(2) (b), 297 and 298, Chapter 9 of Part 3 and Part 7A—

(a) ‘spouse’ means each person of a married couple who are living together, and

(b) ‘civil partner’ means each civil partner of a couple who are both parties to a civil partnership who are living together.”.

Meaning of widow and widower for purposes of widow’s (non-contributory) pension, widower’s (non-contributory) pension, etc.

13. Section 162(2) (amended by section 19 of the Act of 2010) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):

“(b) a widow who has remarried or entered into a civil partnership shall not be regarded as the widow of her former spouse and a widower who has remarried or entered into a civil partnership shall not be regarded as the widower of his former spouse, and”.

Meaning of widow and widower for purposes of one-parent family payment

14. Section 172(2) (amended by section 20 of the Act of 2010) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):

Calculation of supplementary welfare allowance

15. Section 196(2) (amended by section 19 of the Act of 2010) of the Principal Act is amended, in paragraph (a), by the substitution of the following subparagraph for subparagraph (i):

“(i) both spouses of a married couple,”.

Absence from State or imprisonment

16. Section 249 of the Principal Act is amended by the substitution of the following subsection for subsection (2) (amended by section 26 of the Act of 2010):

“(2) Except where regulations otherwise provide, where any benefit under Part 2 to which a person is entitled includes an increase in respect of a qualified adult, that increase shall not be payable for any period during which the qualified adult—

(a) is absent from the State, or

(b) is undergoing imprisonment or detention in legal custody.”.

Excepted employments and excepted self-employed contributors

17. Schedule 1 to the Principal Act is amended—

(a) in Part 2, by the substitution, in paragraph 1 (amended by section 26 of the Act of 2010), of “spouse” for “husband, wife”, and

(b) in Part 3, by the substitution, in paragraph 1(ii) (amended by section 19 of the Social Welfare and Pensions Act 2014 ), of “spouse” for “husband, wife”.

Elections under Taxes Consolidation Act 1997 relating to charging, collection and recovery of certain contributions

18. (1) Section 23 of the Principal Act is amended—

(a) in subsection (5) (amended by section 5 of the Act of 2013)—

(i) in paragraph (a), by the substitution of “by the spouse in respect of whom the election is made” for “by a wife”,

(ii) in paragraph (a), by the substitution of “the other spouse” for “her husband”, and

(iii) in paragraph (b), by the substitution of “each spouse” for “the husband or the wife”,

and

(b) by the insertion of the following subsection after subsection (6):

“(7) In subsection (5), ‘spouse’ means each person of a married couple who are living together.”.

(2) Section 30G (inserted by section 6 of the Act of 2013) is amended—

(a) in subsection (5) —

(i) in paragraph (a), by the substitution of “by the spouse in respect of whom the election is made” for “by a wife”,

(ii) in paragraph (a), by the substitution of “the other spouse” for “her husband”, and

(iii) in paragraph (b), by the substitution of “each spouse” for “the husband or wife”,

and

(b) by the insertion of the following subsection after subsection (7):

“(8) In subsection (5), ‘spouse’ means each person of a married couple who are living together.”.

Medical assessor - registered nurse

19. Section 2 of the Principal Act is amended in subsection (1) —

(a) in the definition of “medical assessor” (inserted by section 3 of the Social Welfare (Miscellaneous Provisions) Act 2015 )—

(i) in paragraph (a), by the deletion of “or”, and

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) an officer of the Minister who is a registered nurse, or”,

and

(b) by the insertion of the following definition:

“ ‘registered nurse’ has the same meaning as it has in the Nurses and Midwives Act 2011 ;”.

Budgeting in relation to social welfare payments - amendment

20. Section 290 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “, subject to subsection (3A),” after “paid”,

(b) in subsection (3), by the insertion of the following paragraph after paragraph (bc) (inserted by section 19 of the Social Welfare and Pensions Act 2012 ):

“(bd) a credit union within the meaning of the Credit Union Act 1997 ,”,

and

“(3A) For the purposes of subsection (1), a payment to a credit union referred to in subsection (3)(bd) may be made—

(a) in respect of a scheme that—

(i) is approved by the Minister, and

(ii) relates to a class or classes of borrowings from a credit union as may be prescribed,

and

(b) where the beneficiary concerned is a member of the credit union to which the payment is made under this section.

(3B) Without prejudice to subsections (1) or (2), for the purposes of subsection (3A), the Minister may, in regulations made under this section, prescribe—

(a) a class or classes of borrowings by a beneficiary from a credit union in respect of which payments under this section are to be made,

(b) the maximum amount of such borrowings which shall not exceed €2,000,

(c) the interest rate charged in respect of such borrowings, the maximum amount of which shall not exceed 1 per cent for each month, and

(d) the duration of the period for repayment, by the beneficiary concerned, of the borrowings.”.

PART 3

Pensions Ombudsman

Definition

21. In this Part “Principal Act” means the Pensions Act 1990 .

Amendment of section 126 of Principal Act

22. Section 126 of the Principal Act is amended, in subsection (1), by the insertion of the following definitions:

“ ‘Act of 1942’ means the Central Bank Act 1942 ;

‘Act of 2004’ means the Central Bank and Financial Services Authority of Ireland Act 2004 ;

‘Financial Services Ombudsman’ means the Financial Services Ombudsman referred to in section 57BJ of the Act of 1942 (inserted by section 16 of the Act of 2004);”.

Amendment of section 128 of Principal Act

23. Section 128 of the Principal Act is amended—

(a) by the insertion of the following subsections after subsection (1):

“(1A) Without prejudice to subsection (1), the Minister may, subject to the consent of the Minister for Finance, appoint a person who also holds the office of Financial Services Ombudsman to hold the office of the Pensions Ombudsman.

(1B) An appointment referred to in subsection (1A) shall be made for a period that does not exceed the remaining period of appointment of the person concerned as Financial Services Ombudsman.”,

and

(b) by the insertion of the following subsection after subsection (2):

“(3) In subsection (1B), ‘remaining period’ means, in relation to an appointment of a person, the period commencing on the appointment of the person under this section and ending on the expiry of the period of the appointment of that person as Financial Services Ombudsman under section 57BJ of the Act of 1942.”.

Amendment of section 129 of Principal Act

24. Section 129 of the Principal Act is amended by the insertion of the following subsection after subsection (6):

“(7) Subsection (6) shall not apply to a person who holds the office of Financial Services Ombudsman, where that person is also appointed to be the Pensions Ombudsman pursuant to section 128(1A).”.

Amendment of section 130 of Principal Act

25. Section 130 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

“(2A) Notwithstanding subsections (1) and (2), in a case where the person who holds the office of Financial Services Ombudsman is also appointed, pursuant to section 128(1A), to hold the office of Pensions Ombudsman—

(a) subsection (1) shall not have effect in relation to remuneration, and

(b) subsection (2) shall not have effect in relation to superannuation benefits.”.

SCHEDULE 1

Social Assistance Payments (New Rates) - Part 2 Substituted

Section 4

“Part 2

Increases of State Pension (Non-Contributory) for One of a Couple where Spouse has not Attained Pensionable Age

Means of claimant or pensioner (1)	Weekly rate of increase (2)
	€
Where the weekly means of the claimant or pensioner do not exceed €30.00	146.70
exceed €30.00 but do not exceed €32.50	145.00
exceed €32.50 but do not exceed €35.00	143.40
exceed €35.00 but do not exceed €37.50	141.70
exceed €37.50 but do not exceed €40.00	140.10
exceed €40.00 but do not exceed €42.50	138.40
exceed €42.50 but do not exceed €45.00	136.80
exceed €45.00 but do not exceed €47.50	135.10
exceed €47.50 but do not exceed €50.00	133.50
exceed €50.00 but do not exceed €52.50	131.80
exceed €52.50 but do not exceed €55.00	130.20
exceed €55.00 but do not exceed €57.50	128.50
exceed €57.50 but do not exceed €60.00	126.90
exceed €60.00 but do not exceed €62.50	125.20
exceed €62.50 but do not exceed €65.00	123.60
exceed €65.00 but do not exceed €67.50	121.90
exceed €67.50 but do not exceed €70.00	120.30
exceed €70.00 but do not exceed €72.50	118.60
exceed €72.50 but do not exceed €75.00	117.00
exceed €75.00 but do not exceed €77.50	115.30
exceed €77.50 but do not exceed €80.00	113.70
exceed €80.00 but do not exceed €82.50	112.00
exceed €82.50 but do not exceed €85.00	110.40
exceed €85.00 but do not exceed €87.50	108.70
exceed €87.50 but do not exceed €90.00	107.10
exceed €90.00 but do not exceed €92.50	105.40
exceed €92.50 but do not exceed €95.00	103.70
exceed €95.00 but do not exceed €97.50	102.10
exceed €97.50 but do not exceed €100.00	100.40
exceed €100.00 but do not exceed €102.50	98.80
exceed €102.50 but do not exceed €105.00	97.10
exceed €105.00 but do not exceed €107.50	95.50
exceed €107.50 but do not exceed €110.00	93.80
exceed €110.00 but do not exceed €112.50	92.20
exceed €112.50 but do not exceed €115.00	90.50
exceed €115.00 but do not exceed €117.50	88.90
exceed €117.50 but do not exceed €120.00	87.20
exceed €120.00 but do not exceed €122.50	85.60
exceed €122.50 but do not exceed €125.00	83.90
exceed €125.00 but do not exceed €127.50	82.30
exceed €127.50 but do not exceed €130.00	80.60
exceed €130.00 but do not exceed €132.50	79.00
exceed €132.50 but do not exceed €135.00	77.30
exceed €135.00 but do not exceed €137.50	75.70
exceed €137.50 but do not exceed €140.00	74.00
exceed €140.00 but do not exceed €142.50	72.40
exceed €142.50 but do not exceed €145.00	70.70
exceed €145.00 but do not exceed €147.50	69.10
exceed €147.50 but do not exceed €150.00	67.40
exceed €150.00 but do not exceed €152.50	65.80
exceed €152.50 but do not exceed €155.00	64.10
exceed €155.00 but do not exceed €157.50	62.40
exceed €157.50 but do not exceed €160.00	60.80
exceed €160.00 but do not exceed €162.50	59.10
exceed €162.50 but do not exceed €165.00	57.50
exceed €165.00 but do not exceed €167.50	55.80
exceed €167.50 but do not exceed €170.00	54.20
exceed €170.00 but do not exceed €172.50	52.50
exceed €172.50 but do not exceed €175.00	50.90
exceed €175.00 but do not exceed €177.50	49.20
exceed €177.50 but do not exceed €180.00	47.60
exceed €180.00 but do not exceed €182.50	45.90
exceed €182.50 but do not exceed €185.00	44.30
exceed €185.00 but do not exceed €187.50	42.60
exceed €187.50 but do not exceed €190.00	41.00
exceed €190.00 but do not exceed €192.50	39.30
exceed €192.50 but do not exceed €195.00	37.70
exceed €195.00 but do not exceed €197.50	36.00
exceed €197.50 but do not exceed €200.00	34.40
exceed €200.00 but do not exceed €202.50	32.70
exceed €202.50 but do not exceed €205.00	31.10
exceed €205.00 but do not exceed €207.50	29.40
exceed €207.50 but do not exceed €210.00	27.80
exceed €210.00 but do not exceed €212.50	26.10
exceed €212.50 but do not exceed €215.00	24.50
exceed €215.00 but do not exceed €217.50	22.80
exceed €217.50 but do not exceed €220.00	21.10
exceed €220.00 but do not exceed €222.50	19.50
exceed €222.50 but do not exceed €225.00	17.80
exceed €225.00 but do not exceed €227.50	16.20
exceed €227.50 but do not exceed €230.00	14.50
exceed €230.00 but do not exceed €232.50	12.90
exceed €232.50 but do not exceed €235.00	11.20
exceed €235.00 but do not exceed €237.50	9.60
exceed €237.50 but do not exceed €240.00	7.90
exceed €240.00 but do not exceed €242.50	6.30
exceed €242.50 but do not exceed €245.00	4.60
exceed €245.00 and do not exceed €247.50	3.00
exceed €247.50	Nil

. ”.

SCHEDULE 2

Renaming of Respite Care Grant

Section 5

Provision or Instrument Affected

(1)

Amendment

(2)

Sections 225(1); 225(4); 225(5); 226(1); 226(2); 240(e); 241(6); 300(2)(d); 300A(1); 342(d).

Rule 1(2)(b)(iva) in Part 4 of Schedule 3.

Substitute “carer’s support grant” for “respite care grant” in each place that it occurs.

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).

Substitute “carer’s support grant” for “respite care grant” in each place that it occurs.

Social Welfare and Pensions Act 2015 Permanent Page URL

Social Welfare and Pensions Act 2015

Permanent Page URL