S.I. No. 132 of 2002

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 2002 (SECTIONS 14, 15 AND 16) (COMMENCEMENT) ORDER, 2002

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by section 17 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( No. 8 of 2002 ), hereby orders as follows :

Citation.

1.  This Order may be cited as the Social Welfare (Miscellaneous Provisions) Act, 2002 (Sections 14, 15 and 16) (Commencement) Order, 2002.

Commencement.

2.-(1)  Sections 14 and 15 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002) , shall come into operation on 11 April 2002.

(2)   Section 16 of the Social Welfare (Miscellaneous Provisions) Act, 2002 , in so far as it relates to the Charities Act, 1961 (No. 17 of 1961) shall come into operation on 11 April 2002.

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 14, 15 and certain provisions of section 16 of the Social Welfare (Miscellaneous Provisions) Act 2002 with effect from the 11th April 2002.

Section 14 provides for amendments to sections 14 and 20 of the Principal Act. Firstly it will allow the Revenue Commissioners to off-set repayment of taxes against outstanding liabilities for PRSI. Secondly it allows the Revenue Commissioners to publish details of tax defaulters on whom a fine or penalty has been imposed by the Courts.

Section 15 provides for an improvement to the entitlement conditions for Carer's Benefit in the case of certain job-sharers and part-time workers. This amendment provides that the number of hours of employment which a person is required to work during the 13 weeks immediately prior to claiming Carer's Benefit will be reduced from 19 to 17 hours per week or from 38 to 34 hours per fortnight.

This order also provides for the commencement of Part 2 of the Schedule to Section 16 of the Social Welfare (Miscellaneous Provisions) Act 2002 .

Part 2 of the Schedule provides for amendments to the Charities Act 1961 regarding the abolition of the financial limit in the application by the Commissioners of Charitable Donations and Bequests of a gift Cy-prés. Cy-prés applies where the intention of a testator in a charitable trust is substituted by another mode because the original intention cannot be executed.

It also provides the Commissioners with the power to authorise a lease rather than a disposition of land held on charitable trust where a power of sale was not provided for in the original gift.