S.I. No. 219/2007 - Social Welfare and Pensions Act 2007 (Sections 5, 8, 22, 23 and 28) (Commencement) Order 2007

S.I. No. 219 of 2007

SOCIAL WELFARE AND PENSIONS ACT 2007 (SECTIONS 5, 8, 22, 23 and 28) (COMMENCEMENT) ORDER 2007

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 1 of the Social Welfare and Pensions Act 2007 (No. 8 of 2007), hereby orders as follows:

Citation.

1.  This Order may be cited as the Social Welfare and Pensions Act 2007 (Sections 5, 8, 22, 23 and 28) (Commencement) Order 2007.

Commencement.

2.         (a) The 1^st day of May 2007 is appointed as the day on which sections 5, 8 and 28(b) of the Social Welfare and Pensions Act 2007 (No. 8 of 2007), come into operation.

(b)  The 3^rd day of May 2007 is appointed as the day on which sections 22 and 23 of the Social Welfare and Pensions Act 2007 (No. 8 of 2007), come into operation.

(c)  The 7^th day of June is appointed as the day on which section 28(a) of the Social Welfare and Pensions Act 2007 (No. 8 of 2007), comes 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 5, 8, 22, 23 and 28 of the Social Welfare and Pensions Act 2007.

Section 5 provides that where a person, who was in receipt of Illness Benefit for a period of two years, has engaged in employment for less than 26 weeks and finds that he or she is unable to continue to work, re-applies for Illness Benefit, payment will be re-instated without the requirement to serve waiting days, and payment will not be made at a lower rate than that which the person previously received.

Similarly, section 5 also contains provision for a former recipient of Illness Benefit who transfers to Carer's Benefit or Carer's Allowance and subsequently back to Illness Benefit to receive Illness Benefit at a rate not lower than that previously in payment.

This Section also provides for a technical amendment in relation to those transferring from Injury Benefit to Illness Benefit and removes an obsolete reference to the term “rules of behaviour”. This section comes into effect from 1 May, 2007.

Section 8 makes provision for a former recipient of Jobseeker's Benefit who transfers to Carer's Benefit or Carer's Allowance and subsequently back to Jobseeker's Benefit to receive Jobseeker's Benefit at a rate not lower than that previously in payment. This section comes into effect from 1 May, 2007.

Section 22 provides for an increase in the upper earnings limit for customers in receipt of the One-Parent Family Payment from 375 to 400 per week.

Section 23 provides for the introduction of a transitional reduced-rate payment to a woman whose entitlement to Deserted Wife's Benefit ceases because her earnings have exceeded the prescribed upper limit ( 20,000).

Sections 22 and 23 comes into operation on 3 May, 2007.

Section 28(a) increases from 1,200 to 1,500 the amount of the annual Respite Care Grant, with effect from 7 June, 2007.

Section 28(b) includes training and courses of education in the activities in which a recipient of Respite Care Grant may engage, subject to other criteria, without being disqualified from receiving the Respite Care Grant, and takes effect from 1 May, 2007.