Social Welfare Act 2004

Type Act
Publication 2004-12-20
Last updated 2004-12-17
State In force
articles 9
Reform history JSON API

1 Definitions.

1.— In this Act—

“Act of 2003” means the Social Welfare Act 2003;

“Principal Act” means the Social Welfare (Consolidation) Act 1993.

2 Social insurance benefits (new rates).

2.— (1) The Second Schedule to the Principal Act is amended by substituting the Parts set out in Schedule A to this Act for Parts I to IV (inserted by section 2(1) of the Act of 2003) of the said Second Schedule.

(2) This section comes into operation—

(a) in so far as it relates to unemployment benefit, on 30 December 2004,

(b) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity, on 3 January 2005,

(c) in so far as it relates to carer's benefit, retirement pension, invalidity pension and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act 1996, on 6 January 2005, and

(d) in so far as it relates to disablement pension, death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension and orphan's (contributory) allowance, on 7 January 2005.

3 Social assistance payments (new rates).

3.— (1) The Fourth Schedule to the Principal Act is amended by substituting the Parts set out in Schedule Bto this Act for Parts I, II, IIA, IIB and IIC (inserted by section 3(1) of the Act of 2003) of the said Fourth Schedule.

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 29 December 2004,

(b) in so far as it relates to supplementary welfare allowance, on 3 January 2005,

(c) in so far as it relates to disability allowance, on 5 January 2005,

(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 relevant payment by virtue of section 18(1)(b) or (c) of the Social Welfare Act 1996, on 6 January 2005, and

(e) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on 7 January 2005.

4 Family income supplement (new weekly rates).

4.—(1) The Principal Act is amended by substituting the following for section 198 (inserted by section 4(1) of the Act of 2003):

“198. 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, 446,

(b) in the case of a family which includes 2 children, €472,

(c) in the case of a family which includes 3 children, €497,

(d) in the case of a family which includes 4 children, €522,

(e) in the case of a family which includes 5 children, €554,

(f) in the case of a family which includes 6 children, €580,

(g) in the case of a family which includes 7 children, €601, or

(h) in the case of a family which includes 8 or more children, 623.”.

(2) This section comes into operation on 6 January 2005.

5 Employment contributions (amendment to earnings ceiling).

5.—(1) Section 10(1)(c) (as amended by section 5(1) of the Act of 2003) of the Principal Act is amended by substituting “44,180” for “42,160”.

(2) This section comes into operation on 1 January 2005.

6 Optional contributions (amendment to income ceiling).

6.—(1) Section 24B(1)(b) (as amended by section 6(1)(b) of the Act of 2003) of the Principal Act is amended by substituting “44,180” for “42,160”.

(2) This section comes into operation on 1 January 2005.

7 Maternity and adoptive benefit (new rate).

7.—(1) Sections 39(1)(a) and 41I(1)(a) (inserted by section 11 of the Social Welfare Act 1997) of the Principal Act are amended by substituting “75 per cent” for “70 per cent”.

(2) This section comes into operation on 1 January 2005.

8 Amendment to Health Contributions Act 1979.

8.—(1) The Health Contributions Act 1979 is amended in section 7A (as amended by section 39 of the Social Welfare Act 2001):

(a) in paragraph (1)(a) by substituting “400” for “356”,

(b) in paragraph (1)(b) by substituting “20,800” for “18,512”, and

(c) in subsection (2) by substituting “20,800” for “18,512”.

(2) This section comes into operation on 1 January 2005.

9 Short title and construction.

9.—(1) This Act may be cited as the Social Welfare Act 2004.

(2) The Social Welfare Acts and this Act (other than section 8) shall be read together as one.

SCHEDULE A

“PART I

Description of benefit Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (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.Disability Benefit, Unemployment Benefit, Injury Benefit and Health and Safety Benefit 148.80 98.70 16.80
2.Death Benefit:
(a) pension payable to a widow or widower (section 60) 177.60 21.60 103.10 7.70 2.00 12.70
additional increase for a widow or widower (under section 60) who has attained pensionable age 6.10
(b) pension payable to a parent:
(i) reduced rate 85.90 103.10 7.70
(ii) maximum rate 177.60 103.10 7.70
(c) pension payable to an orphan 124.30
3.Old Age (Contributory) Pension and Retirement Pension: 179.30 119.50 19.30 103.10 7.70 6.40 12.70
additional increase for a qualified adult who has attained pensionable age 19.00
4.Invalidity Pension: 154.30 110.10 19.30 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained the age of 65 years 25.00
additional increase where qualified adult has attained pensionable age 28.40
5.Widow's and Widower's (Contributory) Pension and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act 1996: 154.30 21.60 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 25.00
6.Orphan's (Contributory) Allowance 121.00
7.Carer's Benefit:
(a) in the case of a person to whom section 82D(1)(b) applies 163.70 16.80
(b) in the case of a person to whom section 82D(1)(a) applies 245.60 16.80
Description of Grant Amount
--- ---
(1) (2)
1.Disablement Benefit: Maximum gratuity 12,590
2.Death Benefit 635

PART III

Degree of disablement Weekly rate
(1) (2)
100 per cent 179.90
90 per cent 161.90
80 per cent 143.90
70 per cent 125.90
60 per cent 107.90
50 per cent 90.00
40 per cent 72.00
30 per cent 54.00
20 per cent 36.00

PART IV

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 148.80 7.70 12.70
2.Increase where the person requires constant attendance 163.70

”.

SCHEDULE B

“PART I

Description of assistance Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (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.Unemployment Assistance:
(a) in the case of a person to whom section 121(1)(a) applies 148.80 98.70 16.80
(b) in the case of a person to whom section 121(1)(b) applies 148.80 98.70 16.80
2.Pre-Retirement Allowance 148.80 98.70 16.80
3.Disability Allowance 148.80 98.70 16.80 7.70 12.70
4.Old Age (Non-Contributory) Pension 166.00 16.80 103.10 7.70 6.40 12.70
5.Blind Pension: 148.80 16.80 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 17.20
6.Widow's (Non-Contributory) Pension, Widower's (Non-Contributory) Pension and a relevant payment by virtue of section 18(1)(b) or (c) of the Social Welfare Act 1996 148.80 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 17.20
7.One-Parent Family Payment: 148.80 19.30 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 17.20
8.Carer's Allowance:
(a) in the case of a person to whom section 165(1)(a) applies 230.40 16.80 12.70
additional increase for a beneficiary who has attained pensionable age 24.30
(b) in the case of a person to whom section 165(1)(b) applies 153.60 16.80 12.70
additional increase for a beneficiary who has attained pensionable age 16.20
9.Orphan's (Non-Contributory) Pension 121.00
10.Supplementary Welfare Allowance 148.80 98.70 16.80
11.Farm Assist 148.80 98.70 16.80
Means of claimant or pensioner Weekly rate of increase
--- ---
Where the weekly means of the claimant or pensioner do not exceed 7.60 109.70
exceed 7.60 but do not exceed 10.10 108.00
exceed 10.10 but do not exceed 12.60 106.40
exceed 12.60 but do not exceed 15.10 104.70
exceed 15.10 but do not exceed 17.60 103.10
exceed 17.60 but do not exceed 20.10 101.40
exceed 20.10 but do not exceed 22.60 99.80
exceed 22.60 but do not exceed 25.10 98.10
exceed 25.10 but do not exceed 27.60 96.50
exceed 27.60 but do not exceed 30.10 94.80
exceed 30.10 but do not exceed 32.60 93.20
exceed 32.60 but do not exceed 35.10 91.50
exceed 35.10 but do not exceed 37.60 89.90
exceed 37.60 but do not exceed 40.10 88.20
exceed 40.10 but do not exceed 42.60 86.60
exceed 42.60 but do not exceed 45.10 84.90
exceed 45.10 but do not exceed 47.60 83.30
exceed 47.60 but do not exceed 50.10 81.60
exceed 50.10 but do not exceed 52.60 80.00
exceed 52.60 but do not exceed 55.10 78.30
exceed 55.10 but do not exceed 57.60 76.70
exceed 57.60 but do not exceed 60.10 75.00
exceed 60.10 but do not exceed 2.60 73.40
exceed 62.60 but do not exceed 65.10 71.70
exceed 65.10 but do not exceed 67.60 70.00
exceed 67.60 but do not exceed 70.10 68.40
exceed 70.10 but do not exceed 72.60 66.70
exceed 72.60 but do not exceed 75.10 65.10
exceed 75.10 but do not exceed 77.60 63.40
exceed 77.60 but do not exceed 80.10 61.80
exceed 80.10 but do not exceed 82.60 60.10
exceed 82.60 but do not exceed 85.10 58.50
exceed 85.10 but do not exceed 87.60 56.80
exceed 87.60 but do not exceed 90.10 55.20
exceed 90.10 but do not exceed 92.60 53.50
exceed 92.60 but do not exceed 95.10 51.90
exceed 95.10 but do not exceed 97.60 50.20
exceed €97.60 but do not exceed €100.10 48.60
exceed €100.10 but do not exceed €102.60 46.90
exceed €102.60 but do not exceed €105.10 45.30
exceed €105.10 but do not exceed €107.60 43.60
exceed €107.60 but do not exceed €110.10 42.00
exceed €110.10 but do not exceed €112.60 40.30
exceed €112.60 but do not exceed €115.10 38.70
exceed €115.10 but do not exceed €117.60 37.00
exceed €117.60 but do not exceed €120.10 35.40
exceed €120.10 but do not exceed €122.60 33.70
exceed €122.60 but do not exceed €125.10 32.10
exceed €125.10 but do not exceed €127.60 30.40
exceed €127.60 but do not exceed €130.10 28.70
exceed €130.10 but do not exceed €132.60 27.10
exceed €132.60 but do not exceed €135.10 25.40
exceed €135.10 but do not exceed €137.60 23.80
exceed €137.60 but do not exceed €140.10 22.10
exceed €140.10 but do not exceed €142.60 20.50
exceed €142.60 but do not exceed €145.10 18.80
exceed €145.10 but do not exceed €147.60 17.20
exceed €147.60 but do not exceed €150.10 15.50
exceed €150.10 but do not exceed €152.60 13.90
exceed €152.60 but do not exceed €155.10 12.20
exceed €155.10 but do not exceed €157.60 10.60
exceed €157.60 but do not exceed €160.10 8.90
exceed €160.10 but do not exceed €162.60 7.30
exceed €162.60 but do not exceed €165.10 5.60
exceed €165.10 but do not exceed €167.60 4.00
exceed €167.60 but do not exceed €170.10 2.30
exceed €170.10 Nil
Means of claimant or pensioner Weekly rate of increase
--- ---
Where the weekly means of the claimant or pensioner do not exceed €7.60 98.70
exceed €7.60 but do not exceed €10.10 97.00
exceed €10.10 but do not exceed €12.60 95.40
exceed €12.60 but do not exceed €15.10 93.70
exceed €15.10 but do not exceed €17.60 92.10
exceed €17.60 but do not exceed €20.10 90.40
exceed €20.10 but do not exceed €22.60 88.80
exceed €22.60 but do not exceed €25.10 87.10
exceed €25.10 but do not exceed €27.60 85.40
exceed €27.60 but do not exceed €30.10 83.80
exceed €30.10 but do not exceed €32.60 82.10
exceed €32.60 but do not exceed €35.10 80.50
exceed €35.10 but do not exceed €37.60 78.80
exceed €37.60 but do not exceed €40.10 77.10
exceed €40.10 but do not exceed €42.60 75.50
exceed €42.60 but do not exceed €45.10 73.80
exceed €45.10 but do not exceed €47.60 72.20
exceed €47.60 but do not exceed €50.10 70.50
exceed €50.10 but do not exceed €52.60 68.90
exceed €52.60 but do not exceed €55.10 67.20
exceed €55.10 but do not exceed €57.60 65.50
exceed €57.60 but do not exceed €60.10 63.90
exceed €60.10 but do not exceed €62.60 62.20
exceed €62.60 but do not exceed €65.10 60.60
exceed €65.10 but do not exceed €67.60 58.90
exceed €67.60 but do not exceed €70.10 57.20
exceed €70.10 but do not exceed €72.60 55.60
exceed €72.60 but do not exceed €75.10 53.90
exceed €75.10 but do not exceed €77.60 52.30
exceed €77.60 but do not exceed €80.10 50.60
exceed €80.10 but do not exceed €82.60 49.00
exceed €82.60 but do not exceed €85.10 47.30
exceed €85.10 but do not exceed €87.60 45.60
exceed €87.60 but do not exceed €90.10 44.00
exceed €90.10 but do not exceed €92.60 42.30
exceed €92.60 but do not exceed €95.10 40.70
exceed €95.10 but do not exceed €97.60 39.00
exceed €97.60 but do not exceed €100.10 37.30
exceed €100.10 but do not exceed €102.60 35.70
exceed €102.60 but do not exceed €105.10 34.00
exceed €105.10 but do not exceed €107.60 32.40
exceed €107.60 but do not exceed €110.10 30.70
exceed €110.10 but do not exceed €112.60 29.10
exceed €112.60 but do not exceed €115.10 27.40
exceed €115.10 but do not exceed €117.60 25.70
exceed €117.60 but do not exceed €120.10 24.10
exceed €120.10 but do not exceed €122.60 22.40
exceed €122.60 but do not exceed €125.10 20.80
exceed €125.10 but do not exceed €127.60 19.10
exceed €127.60 but do not exceed €130.10 17.40
exceed €130.10 but do not exceed €132.60 15.80
exceed €132.60 but do not exceed €135.10 14.10
exceed €135.10 but do not exceed €137.60 12.50
exceed €137.60 but do not exceed €140.10 10.80
exceed €140.10 but do not exceed €142.60 9.20
exceed €142.60 but do not exceed €145.10 7.50
exceed €145.10 but do not exceed €147.60 5.80
exceed €147.60 but do not exceed €150.10 4.20
exceed €150.10 but do not exceed €152.60 2.50
exceed €152.60 Nil
Means of claimant or pensioner Weekly rate of increase
--- ---
Where the weekly means of the claimant or pensioner do not exceed €7.60 109.70
exceed €7.60 but do not exceed €10.10 107.90
exceed €10.10 but do not exceed €12.60 106.00
exceed €12.60 but do not exceed €15.10 104.20
exceed €15.10 but do not exceed €17.60 102.30
exceed €17.60 but do not exceed €20.10 100.50
exceed €20.10 but do not exceed €22.60 98.60
exceed €22.60 but do not exceed €25.10 96.80
exceed €25.10 but do not exceed €27.60 95.00
exceed €27.60 but do not exceed €30.10 93.10
exceed €30.10 but do not exceed €32.60 91.30
exceed €32.60 but do not exceed €35.10 89.40
exceed €35.10 but do not exceed €37.60 87.60
exceed €37.60 but do not exceed €40.10 85.70
exceed €40.10 but do not exceed €42.60 83.90
exceed €42.60 but do not exceed €45.10 82.10
exceed €45.10 but do not exceed €47.60 80.20
exceed €47.60 but do not exceed €50.10 78.40
exceed €50.10 but do not exceed €52.60 76.50
exceed €52.60 but do not exceed €55.10 74.70
exceed €55.10 but do not exceed €57.60 72.80
exceed €57.60 but do not exceed €60.10 71.00
exceed €60.10 but do not exceed €62.60 69.20
exceed €62.60 but do not exceed €65.10 67.30
exceed €65.10 but do not exceed €67.60 65.50
exceed €67.60 but do not exceed €70.10 63.60
exceed €70.10 but do not exceed €72.60 61.80
exceed €72.60 but do not exceed €75.10 59.90
exceed €75.10 but do not exceed €77.60 58.10
exceed €77.60 but do not exceed €80.10 56.30
exceed €80.10 but do not exceed €82.60 54.40
exceed €82.60 but do not exceed €85.10 52.60
exceed €85.10 but do not exceed €87.60 50.70
exceed €87.60 but do not exceed €90.10 48.90
exceed €90.10 but do not exceed €92.60 47.00
exceed €92.60 but do not exceed €95.10 45.20
exceed €95.10 but do not exceed €97.60 43.30
exceed €97.60 but do not exceed €100.10 41.50
exceed €100.10 but do not exceed €102.60 39.70
exceed €102.60 but do not exceed €105.10 37.80
exceed €105.10 but do not exceed €107.60 36.00
exceed €107.60 but do not exceed €110.10 34.10
exceed €110.10 but do not exceed €112.60 32.30
exceed €112.60 but do not exceed €115.10 30.40
exceed €115.10 but do not exceed €117.60 28.60
exceed €117.60 but do not exceed €120.10 26.80
exceed €120.10 but do not exceed €122.60 24.90
exceed €122.60 but do not exceed €125.10 23.10
exceed €125.10 but do not exceed €127.60 21.20
exceed €127.60 but do not exceed €130.10 19.40
exceed €130.10 but do not exceed €132.60 17.50
exceed €132.60 but do not exceed €135.10 15.70
exceed €135.10 but do not exceed €137.60 13.90
exceed €137.60 but do not exceed €140.10 12.00
exceed €140.10 but do not exceed €142.60 10.20
exceed €142.60 but do not exceed €145.10 8.30
exceed €145.10 but do not exceed €147.60 6.50
exceed €147.60 but do not exceed €150.10 4.60
exceed €150.10 but do not exceed €152.60 2.80
exceed €152.60 Nil
Means of claimant or pensioner Weekly rate of increase
--- ---
Where the weekly means of the claimant or pensioner do not exceed €7.60 98.70
exceed €7.60 but do not exceed €10.10 97.20
exceed €10.10 but do not exceed €12.60 95.70
exceed €12.60 but do not exceed €15.10 94.20
exceed €15.10 but do not exceed €17.60 92.80
exceed €17.60 but do not exceed €20.10 91.30
exceed €20.10 but do not exceed €22.60 89.80
exceed €22.60 but do not exceed €25.10 88.30
exceed €25.10 but do not exceed €27.60 86.80
exceed €27.60 but do not exceed €30.10 85.30
exceed €30.10 but do not exceed €32.60 83.80
exceed €32.60 but do not exceed €35.10 82.30
exceed €35.10 but do not exceed €37.60 80.90
exceed €37.60 but do not exceed €40.10 79.40
exceed €40.10 but do not exceed €42.60 77.90
exceed €42.60 but do not exceed €45.10 76.40
exceed €45.10 but do not exceed €47.60 74.90
exceed €47.60 but do not exceed €50.10 73.40
exceed €50.10 but do not exceed €52.60 71.90
exceed €52.60 but do not exceed €55.10 70.50
exceed €55.10 but do not exceed €57.60 69.00
exceed €57.60 but do not exceed €60.10 67.50
exceed €60.10 but do not exceed €62.60 66.00
exceed €62.60 but do not exceed €65.10 64.50
exceed €65.10 but do not exceed €67.60 63.00
exceed €67.60 but do not exceed €70.10 61.50
exceed €70.10 but do not exceed €72.60 60.10
exceed €72.60 but do not exceed €75.10 58.60
exceed €75.10 but do not exceed €77.60 57.10
exceed €77.60 but do not exceed €80.10 55.60
exceed €80.10 but do not exceed €82.60 54.10
exceed €82.60 but do not exceed €85.10 52.60
exceed €85.10 but do not exceed €87.60 51.10
exceed €87.60 but do not exceed €90.10 49.60
exceed €90.10 but do not exceed €92.60 48.20
exceed €92.60 but do not exceed €95.10 46.70
exceed €95.10 but do not exceed €97.60 45.20
exceed €97.60 but do not exceed €100.10 43.70
exceed €100.10 but do not exceed €102.60 42.20
exceed €102.60 but do not exceed €105.10 40.70
exceed €105.10 but do not exceed €107.60 39.20
exceed €107.60 but do not exceed €110.10 37.80
exceed €110.10 but do not exceed €112.60 36.30
exceed €112.60 but do not exceed €115.10 34.80
exceed €115.10 but do not exceed €117.60 33.30
exceed €117.60 but do not exceed €120.10 31.80
exceed €120.10 but do not exceed €122.60 30.30
exceed €122.60 but do not exceed €125.10 28.80
exceed €125.10 but do not exceed €127.60 27.40
exceed €127.60 but do not exceed €130.10 25.90
exceed €130.10 but do not exceed €132.60 24.40
exceed €132.60 but do not exceed €135.10 22.90
exceed €135.10 but do not exceed €137.60 21.40
exceed €137.60 but do not exceed €140.10 19.90
exceed €140.10 but do not exceed €142.60 18.40
exceed €142.60 but do not exceed €145.10 16.90
exceed €145.10 but do not exceed €147.60 15.50
exceed €147.60 but do not exceed €150.10 14.00
exceed €150.10 but do not exceed €152.60 12.50
exceed €152.60 but do not exceed €155.10 11.00
exceed €155.10 but do not exceed €157.60 9.50
exceed €157.60 but do not exceed €160.10 8.00
exceed €160.10 but do not exceed €162.60 6.50
exceed €162.60 but do not exceed €165.10 5.10
exceed €165.10 but do not exceed €167.60 3.60
exceed €167.60 but do not exceed €170.10 2.10
exceed €170.10 Nil

”.

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