Written answers
Thursday, 2 February 2017
Department of Social Protection
Commencement of Legislation
Róisín Shortall (Dublin North West, Social Democrats)
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211. To ask the Minister for Social Protection 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 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. [5275/17]
Leo Varadkar (Dublin West, Fine Gael)
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My Department is responsible for the legislation underpinning the social welfare code and for a number of other areas of legislation. These are occupational and private pensions, civil registration and gender recognition, redundancy and employer’s insolvency and Citizens Information Board/Comhairle legislation.
A number of provisions of the Social Welfare Consolidation Act 2005, as amended, have still to be commenced. In addition, some provisions of the Citizens Information Act 2007, as amended, the Civil Registration Act 2004, as amended, and the Pensions Act 1990, as amended, have still to be commenced.
Details of these provisions, and their current status, are set out in the following tables.
Amendments to Social Welfare Consolidation Act 2005 (SWCA 2005)
| - | Description | Status |
|---|---|---|
| Social Welfare Consolidation Act 2005 Section 196 Section 265(1) Schedule 5 Paragraph (b)(ii)(III) of the definition of “relevant parent” in section 61A(1) of Chapter 11A | Deduction from SW payments due to LA tenants. amended sections 196, 198 and 290A. S.8 of, and amended the definition of ‘relevant purpose’ in section 265(1) by substituting subparagraphs (i), (ii) and (iii) of paragraph (b). Reference to Irish Water. 2014 provides for the deletion of ‘Irish Water’ in Schedule 5 of the SWCA 2005 and the repeal of section 20 of the Social Welfare and Pensions Act 2014. Paragraph (b)(ii)(III) of the definition of “relevant parent” in section 61A(1) of Chapter 11A (due to be inserted by section 31 of the Paternity Leave and Benefit Act 2016). | Section 54, other than subsection (1) commenced by . Subsection (1) amends section 196 of the Social Welfare Consolidation Act 2005. Commencement of provision is responsibility of Minister for Housing, Planning, Community and Local Government. Commencement of provision is responsibility of the Minister for Housing, Planning, Community and Local Government. Commencement Order is to be made by Minister for Social Protection after consultation with Minister for Housing, Planning, Community and Local Government. Contingent upon the commencement of . Commencement is responsibility of Minister for Health. |
| 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 Sections 12 to 14 Section 17(5) | 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. | 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 2014 Section 9 Section 10 | 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. | It is expected that the provisions of sections 9 and 10 will be commenced in due course. |
| Social Welfare Act 2016 Section 4 Section 9 | Provides for the extension of eligibility for Invalidity Pension to self-employed persons. Provides for the extension of Treatment Benefit to the self-employed and the extension of treatments under the Dental and Optical schemes to both employed and self-employed contributors. | Due to be commenced in December 2017. Treatment Benefit to self-employed is due to be commenced in March 2017 and expansion of treatments available under the scheme is due to commenced in October 2017. |
Un-commenced provision of the Citizens Information Act 2007
| Uncommenced Provision | Description | Status |
|---|---|---|
| Section 5 | Provides that a qualifying person, in the case of a person 18 years or over, is a person who in the opinion of the director is unable to obtain or has difficulty in obtaining a social service without the support of a personal advocate because of his or her disability. | The Department is in discussions with the Citizens Information Board to identify the most appropriate response to meet the advocacy needs of persons over 18, with disabilities. |
Amendments to the Pensions Act 1990
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. |
| Social Welfare and Pensions Act 2008 Section 27(i) | Inserts section 64P into the Pensions Act 1990 | Section 64P was originally inserted to provide trustees with flexibility to remove a particular registered administrator where they were unhappy with the service being provided or considered the administration fees excessive. Section 64P sought to achieve this flexibility by prohibiting the bundling of a registered administrator’s services with other services or products. It later transpired that it would be in breach of EU and domestic legislation for an insurer to act as a registered administrator, without also holding the underlying policy of insurance. As insurance companies would be unable to provide separate registered administrator services to comply with section 64P its commencement was revoked (S.I. 398 of 2008 refers). |
Un-commenced provisions of the Civil Registration Act 2004
| 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. 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 examination of the effects of repealing the Act of 1952. |
Un-commenced provisions of the Civil Registration (Amendment) Act 2014
| Uncommenced Provision | Description | Status |
|---|---|---|
| Section 5 Section 6 Section 7 Section 8 | Provides that a person who is a qualified informant must produce to the registrar any evidence, including documentary evidence relating to a birth as requested by the registrar. The section also provides that a Superintendent Registrar may complete the registration of a birth where, in exceptional circumstances, a qualified informant has not signed the register to allow completion of the registration. Under this section a child who has attained the age of 18 years may be considered as a qualified informant in relation to the registration or re-registration of their own birth entry. This section amends section 22 of the Civil Registration Act 2004 and contains a number of amendments relating to the registration of the father’s name where the parents are not married. Provides for the re-registration of a birth and contains a number of amendments to section 23 of the 2004 Act. Amends the 2004 Act by the insertion of a new section which provides for the re-registration of a birth of a child, where the parents were not married on the date of the birth, on foot of a court order. | To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
| Uncommenced Provision | Description | Status |
|---|---|---|
| Section 9 Section 11 Section 12 Section 13 Section 15(a) | Provides for the amendment of the 2004 Act by insertion of a new section 25A which provides that where the parents of the child cannot agree on a surname that the registrar may complete the registration by leaving the surname blank or in cases where a surname is already registered, that the existing surname shall remain. Amends section 37 of the 2004 Act to extend the definition of a qualified informant of a death. Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred. Provides for a record of deaths of Irish citizens who die abroad who were ordinarily resident within the state within 5 years prior to their death. Amends section 46 of the 2004 Act. | To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
| Uncommenced Provision | Description | Status |
|---|---|---|
| Section 19(1) Section 21(a) Section 22 Section 26(1) Section 27(a) & (c) Section 28 Section 29(a) Section 29(c) Section 30(a) | Provides for the recognition of certain marriages carried out at foreign embassies in the State. Amends section 59B of the 2004 Act. Amends section 59C of the 2004 Act. Provides for the recognition of certain civil partnership ceremonies carried out at foreign embassies in the State. Provides for reduced cost certs where required to be produced to prove age, civil status or death. Amends section 64 of the 2004 Act providing for the cancelation of entries in the registers. Deletes reference to consultation with the Minister for Social and Family Affairs in section 66 of the 2004 Act. Provides for sharing of information with the Road Safety Authority. Provides that the Minister may make Regulations prescribing a lesser fee for life event certificates where required for official purposes. | To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Superseded by the enactment of the Marriage Act 2015. Superseded by the enactment of the Marriage Act 2015. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Not commenced until further consultation. Pending further clarification of Data Protection issues. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
| Uncommenced Provision | Description | Status |
|---|---|---|
| Section 31 Section 32 Section 33 Section 34 | Amends section 68 of the 2004 Act consequential to sections 5, 6, 7, 8 and 11 of the 2014 Act. Adds to the list of offences consequential to amendments made by the 2014 Act. Adds to the list of penalties consequential to amendments made by the 2014 Act. Amends the First Schedule of the 2004 Act by deleting “Age next birthday”. | Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements. |
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