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S.I. No. 256/2007 - Social Welfare and Pensions Act 2007 (Sections 18, 20, 25(1), 35 and 36) (Commencement) Order 2007

S.I. No. 256 of 2007

SOCIAL WELFARE AND PENSIONS ACT 2007 (SECTIONS 18, 20, 25(1), 35 AND 36) (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:

1.  This Order may be cited as the Social Welfare and Pensions Act 2007 (Sections 18, 20, 25(1), 35 and 36) (Commencement) Order 2007.

2.  In this Order “Act of 2007” means the Social Welfare and Pensions Act 2007 (No. 8 of 2007.

3.  22 May 2007 is appointed as the day on which section 18 of the Act of 2007 comes into operation.

4.  6 June 2007 is appointed as the day on which sections 25(1), 35(b)(i), (c)(i) and (d), and 36 of the Act of 2007 come into operation.

5.  4 July 2007 is appointed as the day on which section 20 of the Act of 2007 comes into operation.

 

GIVEN under the Official Seal of the Minister for Social and Family Affairs,

22 May 2007.

LS

SÉAMUS BRENNAN

 

Minister for Social and Family Affairs.

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 18, 20, 25(1), 35(b)(i), 35(c)(i), 35(d) and 36 of the Social Welfare and Pensions Act 2007.

Section 18 provides for an improvement in the Bereavement Grant by providing that for the purposes of the Grant, “qualified child” shall include a person aged between 16 and 22 who is in receipt of Disability Allowance. This section comes into effect from 22 May 2007.

Section 20 provides that where a person who was in receipt of a Widow's or Widower's Non-Contributory Pension ceases to be a widow/widower and subsequently qualifies for Jobseeker's Allowance, payment will be made without the requirement to serve the waiting days associated with that allowance. This section comes into effect from 4 July 2007.

Section 25(1) provides that where a person has not been engaged in full-time employment in the previous 12 months and, during that time, in receipt of Rent Supplement, he or she may continue to receive Rent Supplement if he or she engages in full-time employment, or is participating in a Community Employment or Back to Work scheme, provided that the person is included on a waiting list for accommodation under the Rental Allowance Scheme operated by the Department of Environment, Heritage and Local Government.

This section further provides for powers to preclude payment of Rent Supplement under the Supplementary Welfare Allowance scheme where rental accommodation does not meet the required standards, as defined by the Department of Environment, Heritage and Local Government. Provision is also made for powers to preclude payment of Rent Supplement in designated areas of regeneration.

Section 35(b)(i), 35(c)(i) and 35(d) provides for amendments to the rules governing the means test which is applicable to the social assistance schemes. The amendments include provision for an improvement in the means test applicable to Disability Allowance by increasing the amount of capital which is disregarded, from €20,000 to €50,000.

Section 36 contains a number of enhancements to the means test for entitlement to Supplementary Welfare Allowance.

Sections 25(1), 35(b)(i), 35(c)(i), 35(d) and 36 come into effect on 6 June 2007.