Dáil Éireann Debate, Tuesday - 1 October 2013
378. Deputy Kevin Humphreys asked the Minister for Social Protection if she will provide a list of the Acts or specific provisions of Acts under her Department that have not yet been commenced; if it is intended to commence the provision in each case; if so, when; and if she will make a statement on the matter. [40605/13]
View answerA number of provisions of the Civil Registration Act 2004, together with a number of amendments to the Social Welfare Consolidation Act 2005 and the Pensions Act 1990, have still to be commenced.
Details of these provisions and their current status are set out in the tables.
Uncommenced Provisions of Enactments for which the Minister for Social Protection has responsibility
Amendments to Social Welfare Consolidation Act 2005
|
Uncommenced Provision |
Description |
Status |
|
Social Welfare Consolidation Act 2005 |
- |
- |
|
- Paragraph 1 of Schedule 6 to the SW Consolidation Act 2005 |
Amends section 249 of the SW Consolidation Act 2005 which relates to disqualification for receipt of social welfare payments while absent from the State or undergoing imprisonment. |
Provision being reviewed in the light of subsequent amendments to the SW Consolidation Act and other developments in this area. A decision on how best to proceed will be taken following this review. |
|
- Paragraph 2 of Schedule 6 to the SW Consolidation Act 2005 |
Amends various provisions of the SW Consolidation Act 2005 following the introduction of the divorce legislation to enable an Increase for Qualified Adult to be paid to a social welfare recipient in the case of more than one adult in certain circumstances. |
Following a review of this provision it is considered that it is not required. This provision will be deleted at an early opportunity |
|
Social Welfare and Pensions Act 2007 |
- |
- |
|
- Section 21(a) |
Amends section 149 of the SW Consolidation Act 2005 in relation to entitlement to the Pre-Retirement Allowance where a person had previously been in receipt of Carer’s Allowance. |
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. |
|
- Section 27 |
Amends section 220 of the SW Consolidation Act 2005 to enable payment of Child Benefit to be split between the child’s parents. |
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 |
- |
- |
|
- Section 5 |
Inserts new section 8A into the SW Consolidation Act 2005 to enable the transfer of social welfare pension rights to the EU Institutions pension schemes. |
The necessary administrative arrangements are being finalised in consultation with the EU Commission and it is hoped to commence these provisions in the coming months. |
|
- Sections 12 to 14 |
Inserts new Chapter 5A in Part 3 of the SW Consolidation Act 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. |
This provision will be commenced as soon as the necessary administrative arrangements have been agreed with the HSE and Department of Health. |
|
- Section 17(5) |
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. |
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 |
Inserts new section 296A into the SW Consolidation Act 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. |
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. |
|
- Section 6 |
Amends section 40 of the SW Consolidation Act 2005 to enable claims for Illness Benefit to be processed in the event of the outbreak of a flu pandemic. |
This provision will be commenced if the need arises. |
|
Social Welfare (Miscellaneous Provisions) Act 2010 (contd) |
- |
- |
|
- Section 14 |
Amends section 220 of the SW Consolidation Act 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. |
|
Social Welfare and Pensions Act 2012 |
- |
- |
|
- Section 19 |
Amends section 290 of the SW Consolidation Act 2005 to extend the household budgeting facility for social welfare recipients to cover the payment of utility bills from regulated energy companies. |
A contract has recently finalised between Airtricity and An Post and this provision will be commenced shortly when the necessary administrative arrangements have been put in place. |
|
Social Welfare Act 2012 |
- |
- |
|
- Section 15 |
Inserts new sections 290A and 290B and amends section 290 of the SW Consolidation Act 2005 in relation to the operation of the household budgeting facility for the payment of local authority rents by social welfare recipients. |
An agreement has recently been reached between the Department and An Post on the operation of this measure. These provisions will be commenced as soon as the necessary administrative arrangements have been put in place. |
|
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 |
- |
- |
|
- Section 3 |
Amends various references in the SW Consolidation Act 2005 to training provided by FÁS on the dissolution of that agency. |
This provision will be commenced as soon as the Establishment Day Order for the dissolution of FÁS and the establishment of SOLAS has been made by the Minister for Education and Skills. |
Amendments to Pensions Act 1990
|
Uncommenced Provision |
Description |
Status |
|
Pensions (Amendment) Act 2002 |
- |
- |
|
- Section 3 |
Inserts new Part X (sections 91 to 125) into the Pensions Act 1990 which provide 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. |
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 Board. |
|
- Section 39 |
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 |
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 Board. |
|
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 |
- |
- |
|
- Sections 22(b), 26, 27, 28, 29 and 34 |
Amends various provisions contained in the Pensions Act 1990 in relation to the governance structures of the Pensions Board |
It is expected that these provisions will be commenced shortly. |
Uncommenced provisions of Civil Registration Act 2004
|
Uncommenced Provision |
Description |
Status |
|
- Section 4 and the Second Schedule |
Repeal various enactments dealing with civil registration matters prior to the enactment of the Civil Registration Act 2004 |
This section and the associated Schedule are uncommenced 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 is being examined in the context of the commencement of section 73 of the Civil Registration Act 2004 – see section 73 below. |
|
- Sections 13(1)(f) and (g) |
Provide for the establishment and maintenance of a register of all decrees of divorce and all decrees of nullity of marriage |
Commencement of these provisions is not currently being proposed for financial and operational reasons. |
|
- Part 7 (section 59) |
Provides for the registration of decrees of divorce and decrees of nullity of marriage |
Commencement of this Part is not currently being proposed for financial and operational reasons. |
|
- Section 73 |
Provides for the compilation and publication of statistics relating to events registered under the Act. |
Commencement of this provision is being considered in the context of the Civil Registration (Amendment) Bill 2013. This would require the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952 |
