Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Implementation of Legislation.

Dick Spring

Question:

699 Mr. Spring asked the Minister for Social, Community and Family Affairs whether all sections of the Social Welfare (No. 2) Act, 1995, which require a commencement order have now been commenced; when each section was commenced; and if he will make a statement on the matter. [1792/98]

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

The Social Welfare (No. 2) Act, 1995, contained 12 sections, ten of which (sections 2 to 11) required a commencement order.

The Social Welfare (No. 2) Act, 1995 (sections 2, 3, 4, 5, 6, 7, 8, 9, 10(1) and 10(2)) (Commencement) Order, 1997, (S. I. No. 194 of 1997) brought those provisions into effect from 21 April 1997. These sections provided the necessary changes in the social welfare code so as to ensure that a spouse is not disadvantaged in terms of his or her social welfare entitlements as a result of his or her legal status being changed from married, separated or deserted to divorced.

Section 10 (3) of the Act was brought into effect by the Social Welfare (No. 2) Act, 1995 (section 10 (3)) (Commencement) Order, 1996, (S. I. No. 94 of 1996). This section provides for regulatory powers for determining the circumstances in which a person is or is not to be regarded as wholly or mainly maintaining another person. Those circumstances are outlined in the Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations, 1996 (S. I. No. 95 of 1996).

Section 11 amended the provisions for the assessment of means for Unemployment Assistance purposes in the case of a person engaged in insurable employment of a seasonal nature. This section was brought into effect by the Social Welfare (No. 2) Act, 1995 (section 11) (Commencement) Order, 1995 (S. I. No. 241 of 1995) from 7 September 1995.

The only provision remaining to be commenced is section 10(4). Under existing provisions a qualified adult allowance or increase of pension may only be paid in respect of one person. Section 10(4) amends these provisions to provide regulatory powers to pay an increase in respect of more than one person.

My Department is currently examining the effect of introducing such regulations to ensure that there are no adverse implications for any party to the claim.