Ruairi Quinn (Dublin South East, Labour)
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Question 737: To ask the Minister for Social and Family Affairs if he will provide a list of the Acts or sections or other provisions of Acts coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not yet in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [24901/05]

Séamus Brennan (Dublin South, Fianna Fail)
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All Acts for which my Department has responsibility have been commenced. The Social Welfare Consolidation Bill 2005, which was published at the end of June and which will be progressed during the course of the coming Dáil sitting, contains all the social welfare provisions which have been enacted and continue in force since the last consolidation of social welfare legislation in 1993. However, there are a small number of uncommenced measures, provided for in amending Social Welfare Acts passed in the intervening years. The details of all social welfare sections passed but uncommenced since the last consolidation in 1993 follow.

Section 31 of the Social Welfare Act 2000 has not yet been commenced. This provides for amendments to the administration of elements of the supplementary welfare allowance, SWA, scheme which is administered currently by the Health Service Executive. The purpose of the provision in the Act was to empower officers of my Department to decide claims for basic SWA from persons who were awaiting a decision on claims made for social welfare payments such as unemployment assistance, UA, or one-parent family payment, OFP, and also to decide claims for retention of rent or mortgage interest supplement in cases where people were making the transition from welfare to work or training.

Implementation of this provision would involve significant change in administration of the SWA scheme and for my Department's local offices. My Department has undertaken a major review of all aspects of the SWA scheme and the commencement of this section will be considered in the light of the outcome of that review.

Certain provisions contained in section 12 and all of Part IV of the Social Welfare Act 1997 have yet to be commenced. Section 12 provides for amendments to the contribution conditions for the purposes of old age contributory pension, scheduled to take effect on a phased basis. From April 2002 the paid contributions requirement was standardised at 260 contributions. With effect from April 2012, 520 contributions, as recommended by the National Pensions Board, will be the minimum number of paid contributions required. A commencement date is specified in this provision and so a commencement order is not necessary.

Part IV of the 1997 Act provided for the introduction of a sickness allowance scheme. An evaluation of illness and disability payments recently undertaken as part of the expenditure review initiative concluded that such a scheme is not warranted from the viewpoint of providing additional benefit to customers.

Section 10(4) of the Social Welfare (No. 2) Act 1995 has not been commenced. This section contains regulatory powers to provide that a divorced person may receive a qualified adult allowance in respect of more than one person. The question of making such regulations is reviewed on an ongoing basis.

Section 22 of the Social Welfare Act 1995 has not been commenced. It contains regulatory powers for the standardisation of the arrangements applicable to the social welfare schemes with regard to absence from the State. The requirement to introduce this provision is reviewed on an ongoing basis.

Section 20 of the Social Welfare Act 1994 has not yet been commenced. Section 20 provides for the integration of the injury benefit and unemployability supplement, payable under the occupational injuries scheme, with disability benefit. Following the review of the illness and disability payment schemes, it is no longer considered that such integration is appropriate.

My Department also has responsibility for the statutory provisions of the Pensions Act 1990, as amended, which provide for the regulation of occupational pension schemes. A number of amendments have been made to the Pensions Act 1990, through the annual Social Welfare Acts and, where required, by way of a Pensions (Amendment) Act. All of the amending provisions introduced in the Social Welfare Acts, including the recent Social Welfare and Pensions Act 2005, have been commenced. Other than the sections of the Pensions (Amendment) Act 2002 detailed below, all of the amendments effected by the Pensions (Amendment) Acts have also been commenced.

Section 39 inserts a new section 56A into the Pensions Act 1990 which provides for the consideration of index linked increases in rates payable in defined benefit schemes. This situation will be kept under review in consultation with the Pensions Board and section 39 will be commenced at an appropriate time.

Section 43 provides for new sections to be inserted into the Pensions Act 1990 to provide additional requirements with regard to, inter alia, disclosure and consultation prior to the winding-up of a scheme and actuarial certification of funding levels. All of these sections, 59D to 59F, require the making of regulations which are being prepared.