Written answers
Wednesday, 16 July 2014
Department of Social Protection
Commencement of Legislation
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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140. To ask the Minister for Social Protection if she will provide in tabular form those Acts currently in force for which she has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same; and if she will make a statement on the matter. [32009/14]
Joan Burton (Dublin West, Labour)
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A number of provisions of the Civil Registration Act 2004, as well as a number of amendments to the Social Welfare Consolidation Act 2005 and the Pensions Act 1990, have still to be commenced. Details of these provisions and their current status are set out in the following tables.
Uncommenced Provisions of Enactments for which
Minister for Social Protection has responsibility
Amendments to Social Welfare Consolidation Act 2005 (SWCA 2005)
Uncommenced Provision | Description | Status |
|---|---|---|
Social Welfare Consolidation Act 2005 - Paragraph 1 of Schedule 6 to the SW Consolidation Act 2005 - Paragraph 2 of Schedule 6 to the SW Consolidation Act 2005 | Amends section 249 of the SWCA 2005 which relates to disqualification for receipt of social welfare payments while absent from the State or undergoing imprisonment. Amends various provisions of the SWCA 2005 following the introduction of the divorce legislation to enable an increase for qualified adult to be paid to a social welfare recipient in the case of more than one adult in certain circumstances. | Following a review of both of these provisions it is considered that neither of these amendments is required. Provision has been made for the deletion of both of these paragraphs in section 21 of the Social Welfare and Pensions Bill 2014, which passed all stages in the Dail and Seanad on 9 July 2014. |
| Social Welfare and Pensions Act 2007 - Section 21(a) - Section 27 | Amends section 149 of the SWCA in relation to entitlement to the Pre-Retirement Allowance where a person had previously been in receipt of Carer’s Allowance. Amends section 220 of the SWCA 2005 to enable payment of Child Benefit to be split between the child’s parents. | The necessity for this provision is currently being examined and a decision on how best to proceed will be taken following the completion of this examination. This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
| Social Welfare and Pensions Act 2008 - Section 5 - Sections 12 to 14 - Section 17(5) | Inserts new section 8A into the SWCA 2005 to enable the transfer of social welfare pension rights to the EU Institutions pension schemes. Inserts new Chapter 5A in Part 3 of the SWCA 2005 and makes consequential amendments to the provisions of that Act to provide for the transfer of the Blind Welfare Allowance from the HSE to the Department of Social Protection. Makes provision for the treatment of outstanding claims for Domiciliary Care Allowance held by the HSE on the transfer of administrative responsibility for that scheme to the Department of Social Protection. | The provisions of section 5 of the 2008 Act were not sufficient to enable all of the measures that were required to fully comply with the provisions of EU law to be provided for in the domestic regulations. The European Communities Act 1972 contains sufficient enabling powers and the required regulations - the European Union (Transfer of Pension Rights to and from Pension Scheme of European Union’s Institutions) Regulations 2014 (S.I. No. 153 of 2014) - were made under the powers contained in that Act. Section 5 of the 2008 Act is accordingly, being deleted by section 21 of the Social Welfare and Pensions Bill 2014. This provision will be commenced as soon as the necessary administrative arrangements have been agreed with the HSE and Department of Health. The necessity for this provision is currently being examined and a decision on how best to proceed will be taken following this review. |
| Social Welfare (Miscellaneous Provisions) Act 2010 - Section 3 - Section 6 - Section 14 | Inserts new section 296A into the SWCA 2005 and makes consequential amendments to the provisions of that Act to clarify the rules relating to which parent a child will normally be regarded as residing with for social welfare payment purposes. Amends section 40 of the SWCA 2005 to enable claims for Illness Benefit to be processed in the event of the outbreak of a flu pandemic. Amends section 220 of the SWCA 2005 to clarify the rules relating to which parent a child will normally be regarded as residing with for Child Benefit purposes. | This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. This provision will be commenced if the need arises. This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
| Social Welfare and Pensions Act 2011 - Section 7(1) - Section 7(3) | Provides for an increase in pensionable age for State pension purposes from 66 to 67 years Provides for an increase in pensionable age for State pension purposes from 67 to 68 years | Comes into operation on 1 January 2021 Comes into operation on 1 January 2028 |
| Social Welfare and Pensions Act 2013 - Section 13 - Section 14 | Inserts new Part 11B into SWCA 2005 to provide for the recovery of the value of certain illness-related social welfare payments from compensation awards made to persons as a consequence of personal injuries claims. Provides for a related amendment to the Personal Injuries Assessment Board Act 2003. | Sections 13 and 14 of the Social Welfare and Pensions Act 2013 to be commenced with effect from 1 August 2014 by the Social Welfare and Pensions Act 2013 (Sections 13 and 14) (Commencement) Order 2014 (S.I. No. 308 of 2014). |
| Social Welfare and Pensions Bill 2014 - Section 6 - Section 9 - Section 10 | Clarifies the powers contained in section 36 of the SWCA 2005 enabling the Minister for Social Protection to make regulations providing for refunds of employer PRSI contributions in the case of certain seafarers. Clarifies the provisions contained in Part 6 of the SWCA 2005 in relation to entitlement to family income supplement (FIS) in cases where the claimant is living apart from his or her spouse or civil partner and children. Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to FIS during the 52 week entitlement period and on the weekly rate of FIS payable during that period. | Section 6 of the Social Welfare and Pensions Bill 2014 is due to come into operation on 1 January 2015. It is expected that the provisions of sections 9 and 10 will be commenced in the coming months. |
Uncommenced Provision | Description | Status |
|---|---|---|
| Pensions (Amendment) Act 2002 - Section 3 - Section 39 | Inserts new Part X (sections 91 to 125) into the Pensions Act 1990, which provides for the establishment of Personal Retirement Savings Accounts (PRSAs). Part X has been commenced with the exception of section 122, which provides for the replacement of buy-out bonds with PRSAs. A buy-out-bond is a pension bond into which persons can transfer the value of their fund if they leave their employment/ pension scheme. Inserts new section 56A into the Pensions Act 1990 to provide for the consideration of index-linked increases in the rates payable in Defined Benefit pension schemes | Originally, the intention was that new buy-out bonds would cease when PRSAs became available. However, it is considered that buy-out bonds will be required in the short to medium term. The situation will be kept under review in consultation with the Pensions Authority. This provision does not require that indexation be introduced, only that it be examined. The situation will be kept under review in consultation with the Pensions Authority. |
Uncommenced Provision | Description | Status |
|---|---|---|
- Section 4 and the Second Schedule - Sections 13(1)(f) and (g) - Part 7 (section 59) - Section 73 | Repeal various enactments dealing with civil registration matters prior to the enactment of the Civil Registration Act 2004 Provide for the establishment and maintenance of a register of all decrees of divorce and all decrees of nullity of marriage Provides for the registration of decrees of divorce and decrees of nullity of marriage Provides for the compilation and publication of statistics relating to events registered under the Act. | Section 4 and the Second Schedule have been commenced, except in so far as they relate to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. The repeal of the 1952 Act has been examined in the context of the commencement of section 73 of the Civil Registration Act 2004 – see section 73 below. Commencement of these provisions is not currently being proposed for financial and operational reasons. Commencement of this Part is not currently being proposed for financial and operational reasons. Section 73 of the Civil Registration Act 2004 mirrors the provisions contained in the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. In order to facilitate the commencement of section 73 it is necessary to strengthen certain data sharing provisions. This is provided for in section 24 of the Civil Registration (Amendment) Bill 2014, which was published on 10 July 2014. Section 73 and section 4, in so far as it relates to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952, will be commenced following the enactment of the Civil Registration (Amendment) Bill 2014. |
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