The Disability Act 2005 has been fully commenced with the exception of Part 2 in so far as it relates to persons aged over 5. There were 2 commencement orders made for the remainder of the Act (SI No 234/2005 and SI No 474/2005), and sections 25 to 29 had commencement dates in the sections.
I have been informed by my colleague the Minister for Health that Part 2 of the Disability Act 2005 was partly commenced in 2007 in respect of children up to the age of five. In 2008, the Government at the time decided to defer further commencement. Arising from a High Court ruling in 2009, all children born on or after 1st June 2002 have been deemed as being eligible to apply for an assessment of need under the Act.
Although the Department of Justice and Equality has overall responsibility for the Disability Act 2005, the commencement of Part 2 of the Act, which deals with the provision of Assessment of Need, is a matter for the Minister for Health.