Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Implementation of Legislation.

Ruairí Quinn

Question:

688 Mr. Quinn asked the Minister for Social, Community and Family Affairs the Acts and provisions of Acts which are not in force due to the fact that a commencement order has not been made; whether an order will be made, if so, when this will occur; and if he will make a statement on the matter. [1085/98]

Minister for Social, Community and Family Affairs (Mr. D. Ahern):

The provisions of Part IV of the Social Welfare Act, 1997, which provide for the introduction of a new sickness allowance scheme have not yet been commenced.

It was originally envisaged that the sickness allowance scheme would commence in 1997. However, it has been found that the level of computer systems development work which would be required to introduce this scheme is such that it could jeopardise the critical work which it is necessary to undertake in order to ensure that all of the Department's computer based payments systems are fully prepared for the year 2000. In the circumstances, it has been necessary to defer the introduction of the sickness allowance scheme for the present. I will be reviewing the position in mid-1998 in the light of progress on year 2000 preparations.

I should point out however, that all of those who would qualify for this new payment, are currently catered for under existing social welfare payments, such as supplementary welfare allowance and will not lose out as a result of the deferred implementation.

Another provision of the 1997 Act which has not yet been brought into effect is section 22(3) which provides that the cost of medical certificates obtained by a claimant for the purposes of disability allowance and sickness allowance will be met by my Department, as is currently the case with disability benefit, invalidity pension and maternity benefit. My Department and the Irish Medical Organisation are currently engaged in discussions on this matter. When these issues have been resolved this section will be commenced.

The remaining provisions of the Social Welfare Acts in respect of which commencement orders have not been made are set out in the following table.

Relevant Provision.	General Outline.
Section 26 (1) (a) and (b) Social Welfare Act, 1997.	Provide for the consolidation of certain provisions in Part I of the Third Schedule to the Principal Act and also takes regulatory powers to prescribe the provisions relating to benefit and privilege.
Section 29 Social Welfare Act, 1997.	Provides that the determination as to the amount of contribution a liable relative is required to make to the Department of Social, Community and Family Affairs will be made by a deciding officer, thereby giving the liable relative a right of appeal to the Independent Social Welfare Appeals Office.
Section 30 Welfare Act, 1996.	Provides that claimants for Social Supplementary Welfare Allowance who are dissatisfied with the outcome of an appeal to the health board against an adverse decision on their claim may make a further appeal to the Independent Social Welfare Appeals Office.
Section 10 (4) Social Welfare (No. 2) Act, 1995.	Provides regulatory powers under which a divorced person may receive a qualified adult allowance in respect of more than one person.
Section 22 Social Welfare Act, 1995.	Provides regulatory powers, designed to standardise the arrangements applying in the various social welfare schemes.
Section 20 Social Welfare Act, 1994.	Provides for the integration of Injury Benefit and Unemployability Supplement, payable under the occupational injuries benefits scheme, with disability benefit.
Paragraph 1, Sixth Schedule to the Social Welfare (Consolidation) Act, 1993.	Provides for an amendment to the contribution conditions for entitlement to invalidity pension, to require claimants to have earnings in excess of a prescribed amount in a prescribed period in order to qualify for the standard rate of pension.
Paragraph 2, Sixth Schedule to the Social Welfare (Consolidation) Act, 1993	Provides that where a person is found to be fraudulently claiming a social welfare payment, they can be disqualified from receiving any payment, other than child benefit, for a period of up to nine weeks. It also provides that where a person is so disqualified, they are prohibited from receiving supplementary welfare allowance (other than in respect of their dependants) for the period of the disqualification.
Paragraph 4, Sixth Schedule the Social Welfare (Consolidation) Act, 1993.	Provides that where a person is convicted of an offence of fraudulent claiming of social welfare payments, the period of disqualification for receipt of a social welfare payment shall be increased to three months.