Dáil Éireann debate -
Tuesday, 16 Jun 1998

Vol. 492 No. 4

Written Answers. - Proposed Legislation.

Frances Fitzgerald

Question:

261 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs the proposals, if any, for legislation being prepared under the auspices of his Department that have not yet been published; and the statutory instruments, if any, being prepared in his Department. [13984/98]

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

My Department has recently taken over responsibility for updating the legislation governing the system of registration of births deaths and marriages. The existing legislation governing this system dates back to the 1850's and needs to be thoroughly examined and overhauled so that a more modern civil registration system can be put in place to meet current and future needs.

Proposals to underpin the modernisation of the service are currently being formulated and progressed in co-operation with the Department of Health and Children the General Register Office and other interested parties. Legislative developments will flow directly from this process.

Following the recent publication of the Pensions Board Report on the National Pensions Policy Initiative "Securing Retirement Income", I outlined the Government's response to the main recommendations. Implementation of some of these proposals would involve new legislation.

The Government accepts, in principle, the board's proposal for regarding a personal retirement savings account and will give consideration to these proposals as part of its next legislative cycle. An interdepartmental working group will be set up to advance the proposals and to consult with relevant bodies including the Pensions Board. In addition, the Government has accepted the board's recommendations in relation to access to pensions; the reduction in the vesting period from five years to two years; preservation of pre-1991 benefits; and integration of occupational pensions with social welfare pensions.

It is my intention to bring forward legislation amending the Pensions Act, 1990, at the next suitable opportunity to cover the proposals relating to these areas.

With regard to social welfare legislation, my Department brings forward an annual Social Welfare Bill to implement budgetry changes in social welfare schemes and PRSI contributions. It also provides for other adjustments and amendments to the social welfare code.

It is my intention to promulgate a range of Statutory Instruments over the remainder of 1998 from among the matters specified in the following table.

Relevant Provision	General Outline
Section 11Social Welfare Act, 1998	This section provides that the Minister may, by regulation, provide for compensation in relation to loss of purchasing power where the Department has delayed making payment on foot of a claim.
Section 14Social Welfare Act, 1998	Provides for the standardisation of the RSI number as a Personal Public Service number, for the introduction of a Public Service Card and a Payment Card and for the sharing of information between specified Public Service Agencies.
Section 16Social Welfare Act, 1998	Provides that moneys payable into the Social Insurance Fund may be paid into either the current account of the Fund or the investment account of the Fund.
Section 17Social Welfare Act, 1998	Provides for actuarial reviews of the Social Insurance Fund to be undertaken on a five yearly basis. The first review is to be undertaken before the end of year 2002.
Section 18Social Welfare Act, 1998	Consolidates amendments, since 1993, to the Pre-Retirement Allowance legislation as well as providing that divorced persons are eligible for this allowance.
Section 21Social Welfare Act, 1998	Provides for the backdating of disablement claims for up to three months. It further provides that decisions in relation to backdating claims will be the function of a deciding officer and consequently may be appealed to the independent appeals office.
Section 22Social Welfare Act, 1998	Provides that it is an offence not to comply with section 221 of the Social Welfare Consolidation Act, which relates to the provision of information for control purposes.
Section 24Social Welfare Act, 1998 andSection 29Social Welfare Act, 1997	Section 24 of 1998 defines the term” liable relative” in the context of administering legislation regarding liability to maintain the family. Section 29 of the 1997 Act provides regulatory powers which will be used to determine the amount which a liable relative is required to contribute. Both of these sections will be commenced when the regulations are made.
Section 26 (1) (b)Social Welfare Act, 1997	Provide for regulatory powers to prescribe the method of calculation of means for unemployment assistance in relating to the value of benefit and privilege where a claimant resides with a parent or step-parent.
Section 31Social Welfare Act, 1996	This section provides regulatory powers to specify procedures to be followed in relation to decisions on social welfare entitlements. These procedures have now been specified in relation to Supplementary Welfare Allowance and further regulations will prescribe procedures for other social welfare payments.
Section 22Social Welfare Act, 1995	Provides regulatory powers, designed to standardise the arrangements for making social welfare payments to people who are absent from the State.

Amendments to existing regulations.

It is also my intention to introduce regulations during the course of 1998 for the purpose of extending the payment arrangements covering late claims to certain non-contributory schemes; to provide for a Christmas Bonus payment to certain social welfare recipients and for changes in the award of credited contributions.

Frances Fitzgerald

Question:

262 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs the Acts and provisions of Acts under the auspices of his Department which, as of 1 June 1998, are not in force because a commencement order has not been made; whether it is proposed to make an order in each case; and, if so, when this will be made. [13999/98]

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

The Social Welfare Act, 1998, was passed on 1 April 1998 and the sections listed below have yet to be commenced. The remaining provisions of earlier Social Welfare Acts in respect of which Commencement Orders have not been made are also set out in the following table:

Relevant Provision	General Outline
Section 14 Social Welfare Act, 1998	Provides for the standardisation of the RSI number as a Personal Public Service number, for the introduction of a Public Service Card and a Payment Card and for the sharing of information between specified Public Service Agencies.
Section 16 Social Welfare Act, 1998	Provides that moneys payable to the Social Insurance Fund may be paid to either the current account of the Fund or the investment account of the Fund.
Section 17 Social Welfare Act, 1998	Provides for actuarial reviews of the Social Insurance Fund to be undertaken on a five yearly basis.
Section 18 Social Welfare Act, 1998	Consolidates amendments, since 1993, to Pre-Retirement Allowance legislation as well as providing that divorced persons are eligible for this allowance.
Section 21 Social Welfare Act, 1998	Provides for the backdating of disablement claims for up to 3 months. It further provides that decisions in relation to backdating claims will be a deciding officer function and as such may be appealed to the independent appeals office.
Section 22 Social Welfare Act, 1998	Provides that it is an offence not to comply with sections 221 of the Social Welfare Consolidation Act, which relates to the provisions of information for control purposes.
Section 24 Social Welfare Act, 1998 and Section 29 Social Welfare Act, 1997	Section 24 of 1998 defines the term "liable relative" in the context of administering legislation regarding liability to maintain the family. Section 29 of the 1997 Act provides regulatory powers which will be used to determine the amount which a liable relative is required to contribute. Both of these sections will be commenced when the regulations are made.
Part IV Social Welfare Act, 1997	Provides for the introduction of a new Sickness Allowance scheme.
Section 26 (1) (b) Welfare Act, 1997	Contains regulatory powers to prescribe the provisions relating to benefit and privilege in the context of means assessment.
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 to various social welfare schemes, in relation to absence from the State.
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 a person who is found to be fraudulently claiming a social welfare payment can be disqualified from receiving any payment, other than Child Benefit, for a period of up to 9 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 to 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 3 months.