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

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One‐Parent Family Payment will no longer be<br />

payable after age 66. A similar provision is<br />

made in respect <strong>of</strong> those who have continued<br />

entitlement to the Deserted Wife’s Allowance<br />

<strong>and</strong> Prisoner’s Wife’s Allowance schemes, <strong>and</strong><br />

• A new schedule containing the Rules<br />

governing the means test which will apply<br />

to the State Pension (Non‐Contributory) <strong>and</strong><br />

related amendments to the means provisions<br />

governing the existing long‐term payments.<br />

S.I. 357 <strong>of</strong> <strong>2006</strong><br />

SOCIAL WELFARE LAW REFORM AND<br />

PENSIONS ACT <strong>2006</strong> ( ITEM 6 OF SCHEDULE 8)<br />

(COMMENCEMENT) ORDER, <strong>2006</strong><br />

The order provides for the commencement, with<br />

effect from 30 June <strong>2006</strong> <strong>of</strong> Item 6 <strong>of</strong> Schedule<br />

8 <strong>of</strong> the Social <strong>Welfare</strong> Law Reform <strong>and</strong> Pensions<br />

Act <strong>2006</strong>.<br />

Section 55 <strong>of</strong> the Pensions Act requires trustees<br />

<strong>of</strong> a scheme to prepare an <strong>annual</strong> <strong>report</strong><br />

containing such information as may be prescribed.<br />

Subsection 55(2) exempts schemes, which have<br />

commenced winding up, from this requirement.<br />

Paragraph (a) <strong>of</strong> item 6 <strong>of</strong> Schedule 8 amends<br />

subsection 55(2) to provide that, where the<br />

Pensions Board considers it necessary, certain<br />

schemes in wind-up will be required to produce<br />

an <strong>annual</strong> <strong>report</strong>.<br />

Section 55(4) <strong>and</strong> (5) <strong>of</strong> the Pensions Act provide<br />

for the inclusion <strong>of</strong> a statement in the <strong>annual</strong><br />

<strong>report</strong> by the scheme actuary, as to whether he<br />

or she is satisf<strong>ie</strong>d that an under-funded scheme<br />

will be in a position to meet its liabilit<strong>ie</strong>s no<br />

later than the effective date <strong>of</strong> the next actuarial<br />

funding certificate. Item 6 amends this provision<br />

to provide that where an extension to the date on<br />

which the next actuarial funding certificate is due<br />

has been granted by the Pensions Board under<br />

section 49(3) <strong>of</strong> the Pensions Act, it shall apply to<br />

that later date.<br />

S.I. 437 <strong>of</strong> <strong>2006</strong><br />

SOCIAL WELFARE LAW REFORM AND PENSIONS<br />

ACT <strong>2006</strong> ( Section 40) (COMMENCEMENT)<br />

ORDER, <strong>2006</strong><br />

This Order provides for the commencement <strong>of</strong><br />

section 40 <strong>of</strong> the Social <strong>Welfare</strong> Law Reform <strong>and</strong><br />

Pensions Act <strong>2006</strong> with effect from 24th July<br />

<strong>2006</strong>.<br />

Section 40 inserts a new section 26A into the<br />

Pensions Act to provide that the Minister may,<br />

in consultation with the Minister for Finance,<br />

indemnify the Pensions Board members <strong>and</strong> the<br />

staff <strong>of</strong> the Board against liability for damages or<br />

costs where they have discharged their functions<br />

in good faith.<br />

S.I. No. 486 <strong>of</strong> <strong>2006</strong><br />

SOCIAL WELFARE (CONSOLIDATED PAYMENTS<br />

PROVISIONS) (AMENDMENT) (No. 9) (ONE‐PARENT<br />

FAMILY PAYMENT) (ASSESSMENT<br />

OF EARNINGS) REGULATIONS <strong>2006</strong><br />

These Regulations provide for an <strong>annual</strong><br />

assessment <strong>of</strong> means from employment <strong>and</strong><br />

self‐employment for the purposes <strong>of</strong> deciding<br />

entitlement to One‐Parent Family Payment.<br />

In determining entitlement, the gross <strong>annual</strong><br />

earnings from the last complete tax year are<br />

divided by 52 in order to arrive at a weekly<br />

assessment. Provision is also made to determine<br />

entitlement based on an alternative period where<br />

deemed appropriate by a Deciding Officer or an<br />

Appeals Officer, as the case may be.<br />

S.I. No. 487 <strong>of</strong> <strong>2006</strong><br />

SOCIAL WELFARE (CONSOLIDATED PAYMENTS<br />

PROVISIONS) (AMENDMENT) (No. 10) (TREATMENT<br />

BENEFIT) REGULATIONS <strong>2006</strong><br />

These Regulations provide for an amendment<br />

to the alternative contribution conditions for<br />

entitlement to Treatment Benefit, with effect<br />

from 29 May, <strong>2006</strong>. A person who attains age<br />

66 on or after 29 May, <strong>2006</strong> will be able to avail<br />

<strong>of</strong> Treatment Benefit where he or she has 26<br />

qualifying contributions in both the relevant<br />

contribution year <strong>and</strong> the year immediately<br />

before the relevant contribution year.<br />

<strong>annual</strong> <strong>report</strong> <strong>2006</strong><br />

93

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