S.I. No. 334/2006 - Social Welfare Law Reform and Pensions Act 2006 (Sections 4, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25) (Commencement) Order 2006

S.I. No. 334 of 2006

SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006 (SECTIONS 4, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25) (COMMENCEMENT) ORDER 2006

S.I. No. 334 of 2006

SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006 (SECTIONS 4, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25) (COMMENCEMENT ORDER 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 1 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006), hereby orders as follows:

Citation.

1. This Order may be cited as the Social Welfare Law Reform and Pensions Act 2006 (Sections 4, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25) (Commencement Order 2006.

Commencement.

2.       (a) The 28^th day of July, 2006 is appointed as the day on which sections 4(1), in so far as it relates to orphan's (contributory) allowance and orphan's (non-contributory pension, 4(4) and 4(5) and items 8 to 14 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006), come into operation.

(b) The 28^th day of September, 2006 is appointed as the day on which sections 4(1) in so far as it relates to retirement pension, 4(6), 9, 10, 11, 12, 13 and 14 and item 3 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006), come into operation.

(c) The 29^th day of September, 2006 is appointed as the day on which sections 4(1) in so far as it relates to old age (contributory) pension, 4(3), 16, 17, 18, 19, 20, 21, 22 23, 24 and 25 and items 1 and 2 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 , come into operation.

(d) The 2^nd day of October, 2006 is appointed as the day on which sections 4(1), in so far as it relates to disability benefit and unemployability supplement, 4(2) and 4(9 and items 7 and 15 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 , come into operation.

(e) The 4^th day of October, 2006 is appointed as the day on which section 4(1), in so far as it applies to unemployment assistance, and 4(8) and items 4 and 5 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 , come into operation.

(f) The 5^th day of October, 2006 is appointed as the day on which section 4(1), in so far as it applies to unemployment benefit, and 4(7) and item 6 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 , come into operation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the commencement of Sections 4, 9, 10 to 14 and 16 to 25 of the Social Welfare Law Reform and Pensions Act 2006 .

Section 4 provides for amending the titles of certain social welfare payments including renaming:

•    Orphan's (Contributory) Allowance and Orphan's (Non-Contributory) Pension as Guardian's Payment (Contributory) and Guardian's Payment (Non-Contributory respectively, effective from 28^th July, 2006,

•    Retirement Pension as State Pension (Transition), effective from 28^th September 2006,

•    Old Age (Contributory) Pension as State Pension (Contributory), effective from 29^th September, 2006,

•    Disability Benefit as Illness Benefit, effective from 2^nd October, 2006,

•    Unemployability Supplement as Incapacity Supplement, effective from 2^nd October 2006,

•    Unemployment Assistance as Jobseeker's Allowance, effective from 4^th October 2006, and

•    Unemployment Benefit as Jobseeker's Benefit, effective from 5^th October, 2006.

Sections 9 to 14 provide for the automatic transfer from Invalidity Pension or Retirement Pension to Old Age (Contributory) Pension when the recipient reaches the age of 66 and for the associated changes required in the calculation and rounding of payment rates. These provisions take effect from 28^th September, 2006.

Section 16 provides the legislative basis for the establishment of the State Pension (Non-Contributory scheme, with effect from the 29^th September, 2006. This will provide a standard non-contributory pension scheme, based on a means test applicable to all the Department's customers over 66 years of age. The means disregard will increase from €7.60 to €20.00 per week, and provision is made to allow for an earnings disregard of €100.00 per week. Sections 17 to 25 provide for a number of consequential amendments which are required on foot of the introduction of the State Pension (Non-Contributory) including:

•    Provision that Widowed Parent Grant may continue to be paid to a widow or widower who is in receipt of the new State Pension (Non-Contributory),

•    Providing that Blind Pension, Widow's and Widower's (Non-Contributory) Pension and One-Parent Family Payment will no longer be payable after age 66. A similar provision is made in respect of those who have continued entitlement to the Deserted Wife's Allowance and Prisoner's Wife's Allowance schemes, and

•    A new schedule containing the Rules governing the means test which will apply to the State Pension (Non-Contributory) and related amendments to the means provisions governing the existing long-term payments.