S.I. No. 246 of 2006

SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006 (SECTIONS 4(4), 4(5), 31 and 33) (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(4), 4(5), 31 and 33) (Commencement) Order 2006.

Commencement.

2.  (a) The 8^th day of May is appointed as the day on which sections 31 and 33 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006), come into operation; and

(b)  the 28th day of July 2006 is appointed as the day on which sections 4(4) and 4(5) and items 8, 9, 10, 11, 12, 13 and 14 of Schedule 1 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 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(4), 4(5), 31 and 33 of the Social Welfare Law Reform and Pensions Act 2006 .

Section 4 of the Act provides for amending the titles of certain social welfare payments to make the social welfare system more accessible to its customers and to reflect the purposes of the schemes. Sections 4(4) and 4(5) provide for changing the title of the Orphan's (Contributory) Allowance and Orphan's (Non-Contributory) Pension to Guardian's Payment (Contributory) and Guardian's Payment (Non-Contributory) respectively.

Section 31 provides for the disregard of the amount of any contributions to Personal Retirement Savings Accounts (PRSAs) for the purposes of the income thresholds applicable to the Family Income Supplement Scheme.

Section 33 provides for amendments to the definitions contained in Schedule 3 to the Social Welfare Consolidation Act 2005 , which contains the Rules which are applied in assessing means for the purposes of certain social welfare schemes. The Section further provides for the exclusion of certain payments, including the Early Childcare Supplement, the Home Tuition Scheme and the Home Care Grant, from the means test. It also provides for the disregard of the amount of any contributions to PRSA for the purposes of the means-tested schemes.