Social Welfare Act 2017
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) This Act may be cited as the Social Welfare Act 2017.
(2) The Social Welfare Acts and Part 2 shall be construed together as one Act.
(3) Section 3 shall come into operation on such day or days as the Minister for Employment Affairs and 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 provisions.
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paragraphs: In this Part—
“Act of 2016” means the Social Welfare Act 2016 ;
“Principal Act” means the Social Welfare Consolidation Act 2005 .
num: 3
paragraphs: Section 2(1) of the Principal Act is amended, in the definition of “share-based remuneration” (amended by section 4 of the Social Welfare and Pensions Act 2014 ), by the substitution of the following paragraph for paragraph (a) of that definition:
“(a) any gain realised by the exercise of a right in accordance with section 128 of the Act of 1997, other than any gain realised by the exercise of a qualifying share option (within the meaning of the Act of 1997) which is not chargeable to income tax under section 128F of that Act,”.
num: 4
paragraphs: (1) Section 49(1) (amended by section 6 of the Act of 2016) of the Principal Act is amended, in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii):
“(ii) €240.”.
(2) This section comes into operation on 26 March 2018.
num: 5
paragraphs: (1) Section 60(1) (amended by section 7 of the Act of 2016) of the Principal Act is amended, in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii):
“(ii) €240.”.
(2) This section comes into operation on 26 March 2018.
num: 6
paragraphs: (1) Section 61D (amended by section 8 of the Act of 2016) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):
“(b) €240.”.
(2) This section comes into operation on 26 March 2018.
num: 7
paragraphs: (1) Section 65A (1) of the Principal Act is amended—
(a) in paragraphs (a), (d) and (g), by the substitution of “€88. 90” for “€86. 70” in each place that it occurs,
(b) in paragraphs (b), (e) and (h), by the substitution of “€127. 80” for “€124. 60” in each place that it occurs, and
(c) in paragraphs (c), (f) and (i), by the substitution of “€155. 10” for “€151. 20” in each place that it occurs.
(2) Section 65A (2) of the Principal Act is amended—
(a) in paragraph (a), by the substitution of “€69. 40” for “€65. 00”,
(b) in paragraph (b), by the substitution of “€99. 40” for “€93. 00”, and
(c) in paragraph (c), by the substitution of “€120. 10” for “€113. 00”.
(3) Section 66(1A) of the Principal Act is amended by the substitution of “€85. 10” for “€83. 00”.
(4) This section comes into operation on 22 March 2018.
num: 8
paragraphs: (1) Each provision of the Principal Act and each instrument mentioned in column (1) of Schedule 1 is amended in the manner specified in column (2) of Schedule 1 opposite the mention of that provision or instrument, as the case may be, in column (1).
(2) Any reference in any Act, or in any instrument made under any Act, passed or made before the commencement of this section to “family income supplement” shall be construed as a reference to “working family payment”.
(3) This section comes into operation on 1 January 2018.
num: 9
paragraphs: The Minister for Employment Affairs and Social Protection shall review the operation of the Working Family Payment, including the requirement that you must be working 19 hours per week, 38 hours per fortnight, to qualify for the payment, and shall bring forward a report to the Committee on Social Protection on same within 6 months of this Bill being enacted.
num: 10
paragraphs: (1) Section 228 (amended by section 8 of the Social Welfare and Pensions Act 2015 ) of the Principal Act is amended by the substitution—
(a) in paragraph (a), of “€521” for “€511”,
(b) in paragraph (b), of “€622” for “€612”, and
(c) in paragraph (c), of “€723” for “€713”.
(2) This section comes into operation on 29 March 2018.
num: 11
paragraphs: Part 7A (inserted by section 8 of the Social Welfare (Miscellaneous Provisions) Act 2015 ) of the Principal Act is amended—
(a) in section 238B(1)(a), by the deletion of “and before 1 April 2018”, and
(b) by the deletion of section 238F.
num: 12
paragraphs: (1) Schedule 2 (amended by section 21 of the Act of 2016) to the Principal Act is amended by the substitution of the Parts set out in Schedule 2 for Parts 1 to 4 of Schedule 2 to the Principal Act.
(2) This section comes into operation—
(a) in so far as it relates to jobseeker’s benefit, on 22 March 2018,
(b) in so far as it relates to—
(i) illness benefit,
(ii) health and safety benefit, and
(iii) injury benefit,
on 26 March 2018,
(c) in so far it relates to—
(i) carer’s benefit,
(ii) invalidity pension, and
(iii) a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1) of the Principal Act,
on 29 March 2018, and
(d) in so far as it relates to—
(i) death benefit under Chapter 13 (other than section 84) of the Principal Act,
(ii) widow’s (contributory) pension,
(iii) widower’s (contributory) pension,
(iv) surviving civil partner’s (contributory) pension,
(v) State pension (contributory),
(vi) guardian’s payment (contributory),
(vii) disablement pension, and
(viii) disablement gratuity,
on 30 March 2018.
num: 13
paragraphs: Schedule 3 to the Principal Act is amended, in Rule 1(4) (amended by section 24 of the Act of 2016) of Part 5 of that Schedule—
(a) by the substitution of the following subparagraph for subparagraph (da):
“(da) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 5 January 2017 but before 29 March 2018, an amount of €110 together with half the weekly earnings in excess of that amount shall be disregarded.”,
and
(b) by the insertion of the following subparagraph after subparagraph (da):
“(db) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 29 March 2018, an amount of €130 together with half the weekly earnings in excess of that amount shall be disregarded.”.
num: 14
paragraphs: (1) Schedule 4 (amended by section 25 of the Act of 2016) to the Principal Act is amended by the substitution of the Parts set out in Schedule 3 for Parts 1 to 3 of Schedule 4.
(2) This section comes into operation—
(a) in so far as it relates to—
(i) jobseekers allowance (other than where payable in accordance with section 148A of the Principal Act),
(ii) pre-retirement allowance, and
(iii) farm assist,
on 21 March 2018,
(b) in so far as it relates to supplementary welfare allowance, on 26 March 2018,
(c) in so far as it relates to disability allowance, on 28 March 2018,
(d) in so far as it relates to—
(i) one-parent family payment (other than where payable in respect of a widow, widower or surviving civil partner),
(ii) jobseeker’s allowance payable in accordance with section 148A of the Principal Act,
(iii) a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178(1) of the Principal Act, and
(iv) carer’s allowance,
on 29 March 2018, and
(e) in so far as it relates to—
(i) State pension (non-contributory),
(ii) blind pension,
(iii) guardian’s payment (non-contributory),
(iv) widow’s (non-contributory) pension,
(v) widower’s (non-contributory) pension,
(vi) surviving civil partner’s (non-contributory) pension, and
(vii) one-parent family payment (payable in respect of a widow, widower or surviving civil partner),
on 30 March 2018.
num: 15
paragraphs: (1) Section 47 of the Principal Act is amended—
(a) in subsection (4), by the substitution of the following paragraph for paragraph (a):
“(a) Subject to this Act and paragraph (b), where a woman, who has been delivered of a living child, dies at any time following the week of her confinement and before the expiry of the payment to her of the maternity benefit that would have been payable to her had she not died, the father of the child shall be entitled to benefit under this Chapter as if he were a woman and the provisions of this Chapter (other than sections 48 and 50(b)) apply in all respects in the case of that man.”,
(b) in subsection (5), by the insertion of the following paragraph after paragraph (b):
“(ba) a woman referred to in paragraph (b), for a further period—
(i) that is in addition to the period referred to in paragraph (b) if, on or after 1 October 2017, the date of confinement occurs more than two weeks before the end of the expected week of confinement, and
(ii) the duration of that further period shall be equal to the duration of the premature birth period,”,
and
(c) in subsection (5)(c)(ii)—
(i) by the substitution in clause (I) of “the longer period of time,” for “the longer period of time, or”, and
(ii) by the insertion of the following after clause (II):
“(III) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies before the expiry of a combined period which comprises—
(A) twenty-six weeks following the week of her confinement, and
(B) the duration of the premature birth period,
to the end of that combined period, or for 6 weeks, whichever is the longer period of time, or
(IV) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies after the expiry of the twenty-sixth week following the week of her confinement but before the expiry of a further combined period which comprises—
(A) forty-two weeks following the week of her confinement, and
(B) the duration of the premature birth period,
to the end of that further combined period, or for 6 weeks, whichever is the longer period of time,”.
(2) Section 51 (amended by section 24 of the Social Welfare (Miscellaneous Provisions) Act 2010 ) of the Principal Act is amended in subsection (1) by the insertion, in paragraph (a), of the following:
“ ‘premature birth period’ means a period which—
(a) commences on a date of confinement which occurs on or after 1 October 2017, and
(b) expires two weeks before the end of the expected week of confinement;”.
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paragraphs: The Maternity Protection Act 1994 is amended—
(a) in section 2, by the insertion of the following definition:
“ ‘premature birth period’ has the meaning assigned to it by the Social Welfare Consolidation Act 2005 ;”,
(b) in section 8 by the insertion of the following subsections after subsection (1):
“(1A) Subject to this Part, a pregnant employee referred to in subsection (1) shall be entitled to a further period of maternity leave that is in addition to the minimum period of maternity leave referred to in paragraphs (a) or (b) of subsection (1), if, on or after 1 October 2017 the date of confinement occurs more than 2 weeks before the expected week of confinement.
(1B) The duration of the further period of maternity leave referred to in subsection (1A) shall be equal to the duration of the premature birth period.”,
(c) by the insertion of the following section after section 8:
“Supplemental provisions relating to premature birth period
8A. The further period of maternity leave referred to in section 8(1A) shall be without prejudice to sections 12, 14, 14A and 14B.”,
(d) in section 13(2)—
(i) in paragraph (a), by the insertion of “and a further period of maternity leave in respect of a date of confinement that occurred on or after 1 October 2017, the duration of which is equal to the duration of the premature birth period” after “26 consecutive weeks”, and
(ii) in paragraph (b), by the insertion of “and a further period of maternity leave in respect of a date of confinement that occurred on or after 1 October 2017, the duration of which is equal to the duration of the premature birth period” after “26 weeks”,
(e) by the insertion of the following section after section 13:
“Additional provision for certain early confinement circumstances
13A. Where, on or after 1 October 2017, the date of confinement of a pregnant employee occurs more than 2 weeks before the expected week of confinement but less than 4 weeks before that expected week, notwithstanding section 10(1), the minimum period of maternity leave for a pregnant employee other than a pregnant employee referred to in section 13(1) or 13(2), shall be a period of not less than—
(a) 26 consecutive weeks and a further period of maternity leave the duration of which is equal to the duration of the premature birth period, or
(b) 26 weeks and a further period of maternity leave the duration of which is equal to the duration of the premature birth period part of which is postponed in accordance with section 14B,
and which commences on the date of confinement.”,
(f) in section 14, by the insertion of the following subsection after subsection (6):
“(7) Where pursuant to section 8, a pregnant employee is entitled to a further period of leave referred to in subsection (1A) of that section, nothing in section 8, 13 or 13A shall operate to prevent the entitlement of the pregnant employee to additional maternity leave under this section.”,
(g) in section 16, by the insertion of the following subsection after subsection (1):
“(1A) Where—
(a) on or after 1 October 2017, the date of confinement of a mother occurred more than 2 weeks before the expected week of confinement, and
(b) the mother dies at any time on or before the expiry of the combined period,
the father of the child (if he is employed under a contract of employment) shall be entitled in accordance with this section, and subject to subsection (10), to leave from his employment for a period, if the mother dies on or before the expiry of the combined period, ending at the end of the unexpired portion of that combined period.”,
(h) in section 16(2), by the insertion in paragraph (a) of “or (1A)” after “leave under subsection (1)”,
(i) in section 16(3), by—
(i) the insertion of “or (1A)” after “the period of leave under subsection (1)”, and
(ii) the insertion of the following paragraph after paragraph (a):
“(aa) a period of leave which ends as mentioned in subsection (1A) is referred to as ‘subsection (1A) leave’,”,
(j) in section 16(10)—
(i) by the insertion of “or, as the case may be, under subsection (1A) to leave under that subsection” after “under subsection (1) to leave under that subsection”,
(ii) by the insertion of a new paragraph (aa) after paragraph (a):
“(aa) where the person is entitled to subsection (1A) leave, the leave shall commence immediately after the end of the paternity leave and, subject to section 16B, end at the end of the combined period following the end of the paternity leave;”,
(iii) in paragraph (c)(i), by the substitution of “to which paragraph (a) applies,” for “to which paragraph (a) applies, and”, and
(iv) in paragraph (c), by the insertion of a new subparagraph after subparagraph (i):
“(ia) subsection (1A) leave shall be deemed to include a reference to a period of leave to which paragraph (aa) applies, and”,
(k) by the insertion of the following subsection after subsection (10):
“(11) In this section ‘combined period’ means a period comprising—
(a) 42 weeks following the week of confinement, and
(b) the duration of the premature birth period.”,
(l) in section 16A(1), in paragraph (a) by the insertion of “or, as the case may be, subsection (1A) leave,” after “subsection (1)(a) leave,”,
(m) in section 16B(1)—
(i) in paragraph (a), by the insertion of “or his subsection (1A) leave or part of such leave” after “part of such leave”, and
(ii) by the insertion of the following paragraph after paragraph (b):
“(bb) his subsection (1A) leave or part of such leave,”
and
(n) in section 16B(3), in paragraph (c)(i), by the insertion of “or, as the case may be, subsection (1A) leave or the part of such leave” after “or the part of such leave”.
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paragraphs: (1) Section 4 of the National Training Fund Act 2000 (amended by section 23 of the Social Welfare and Pensions Act 2011 ) is amended by the substitution of the following subsection for subsection (1):
“(1) 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, levy shall be payable by the employed contributor’s employer at the rate of 0. 8 per cent of the amount of the reckonable earnings in that week to which that payment relates.”.
(2) This section comes into operation on 1 January 2018.
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paragraphs: The Minister will publish the report on the effects of the 2012 pension bands and rates changes immediately after it has been considered by the Cabinet.
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paragraphs: The Minister for Employment Affairs and Social Protection shall review the impact of removing income generated from rent-a-room relief from the means test for those in receipt of the one-parent family payment and shall bring forward a report on the same within 6 months of this Bill being enacted.