department of social and family affairs annual report 2006 - Welfare.ie

appendices
for the purposes of implementing EC law unless
it is clear that such delegated legislation is clearly
authorised by the primary legislation. To this end,
section 5 of the Pensions Act 1990 was amended
by section 44 of the Social Welfare Law Reform
and Pensions Act, 2006 to expressly state that
regulations made under the Pensions Act may
be used to implement law. As these Regulations
implement some aspects of Directive 2003/41
on the activities and supervision of occupational
pensions, Regulations 633 of 2005 are now being
remade under the appropriate Pensions Act
powers including the amended section 5. There
are some minor changes to the Regulations as
promulgated in 2005
S.I. 302 of 2006
PENSION OMBUDSMAN REGULATIONS, 2006
These Regulations amend the Pensions
Ombudsman Regulations (S.I. No. 397 of 2003) to –
(a) take account of changes made in relation to
redress provisions in Part VII of the Act (Equal
Pensions Treatment) whereby complaints
relating to equal pension treatment are no
longer submitted to the Pensions Board but
rather to the Director of the Equality Tribunal,
and
(b) clarify that an IDR procedure is exhausted
within its terms at the expiry of the three
month period from when all the particulars of
the complaint have been furnished, or where
the Ombudsman considers it appropriate at a
later date to be specified by him.
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
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
re‐naming:
• Orphan’s (Contributory) Allowance and Orphan’s
(Non‐Contributory) Pension as Guardian’s
Payment (Contributory) and Guardian’s
Payment (Non‐Contributory) respectively,
effective from 28th July, 2006,
• Retirement Pension as State Pension
(Transition), effective from 28th September,
2006,
• Old Age (Contributory) Pension as State Pension
(Contributory), effective from 29th September,
2006,
• Disability Benefit as Illness Benefit, effective
from 2nd October, 2006,
• Unemployability Supplement as Incapacity
Supplement, effective from 2nd October, 2006,
• Unemployment Assistance as Jobseeker’s
Allowance, effective from 4th October, 2006,
and
• Unemployment Benefit as Jobseeker’s Benefit,
effective from 5th 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 28th September, 2006.
Section 16 provides the legislative basis
for the establishment of the State Pension
(Non‐Contributory) scheme, with effect from
the 29th 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
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