My Department is responsible for the legislation underpinning the social welfare code, occupational and private pensions, the Citizens Information Board / Comhairle, civil registration, gender recognition and the automatic enrolment retirement savings system.
In relation to the first part of the Deputy’s question, details of provisions that are yet to be commenced, where the responsibility to commence the section lies with me, are set out in the table below. It should be noted that there are no uncommenced provisions in the Gender Recognition Act 2015 or in the Automatic Enrolment Retirement Savings System Act 2024.
In relation to the second part of the Deputy’s question, it was not possible within the timeframe of this Parliamentary Question to provide a response regarding the sections of enacted legislation which provide for the making of regulations that have not been made. This would be an extensive piece of work to be undertaken by my officials, across the legislation under my remit where there are regulation making powers set out. It should be noted that in the vast majority of instances, the provision is that the Minister may make regulations, and in this regard, regulations may not have been made. Collating a response to this question would take considerable time and would be at the cost of not undertaking other Departmental priorities.
Finally, there are no instances of enacted legislation under my remit, which provides for the publication of guidelines that have not been published.
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Uncommenced Provision
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Description
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Status
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Pensions (Amendment) Act 2002
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Section 3
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Inserts new Part X (sections 91 to 125) into the Pensions Act 1990, which provides for the establishment of Personal Retirement Savings Accounts (PRSAs).
Part X has been commenced with the exception of section 122, which provides for the replacement of buy-out bonds with PRSAs. A buy-out-bond is a pension bond into which persons can transfer the value of their fund if they leave their employment/ pension scheme.
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Originally, the intention was that new buy-out bonds would cease when PRSAs became available. However, it is considered that buy-out bonds will be required in the short to medium term. Consideration is being given to this at present as part of the IDPRTG implementation working group. The situation will be kept under review in consultation with the Pensions Authority as part of this group.
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Section 39
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Inserts new section 56A into the Pensions Act 1990 to provide for the consideration of index-linked increases in the rates payable in Defined Benefit pension schemes.
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The situation in relation to this provision is being kept under review in consultation with the Pensions Authority.
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Civil Registration Act 2004
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Section 4 and the Second Schedule
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Repeal various enactments dealing with civil registration matters prior to the enactment of the Civil Registration Act 2004.
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Section 4 and the Second Schedule have been commenced, except in so far as they relate to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. The repeal of the 1952 Act has been examined in the context of the commencement of section 73 of the Civil Registration Act 2004 – see section 73 below.
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Sections 13(1)(f) and (g)
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Provide for the establishment and maintenance of a register of all decrees of divorce and all decrees of nullity of marriage.
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Commencement of these provisions is not currently being proposed for operational reasons.
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Part 7 (section 59)
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Provides for the registration of decrees of divorce and decrees of nullity of marriage.
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Commencement of this Part is not currently being proposed for operational reasons.
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Section 73
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Provides for the compilation and publication of statistics relating to events registered under the Act.
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Section 73 of the Civil Registration Act 2004 mirrors the provisions contained in the Vital Statistics and Births, Deaths and Marriages Registration Act 1952.
Section 73 and section 4, in so far as it relates to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952, will be commenced following examination of the effects of repealing the Act of 1952.
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Social Welfare and Pensions Act 2007
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Section 21(a)
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Amends section 149 of the SWCA in relation to entitlement to the Pre-Retirement Allowance (PRETA) where a person had previously been in receipt of Carer’s Allowance.
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As the PRETA scheme has been closed since 2007, this section will not require commencement.
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Section 27
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Amends section 220 of the SWCA 2005 to enable payment of Child Benefit to be split between the child’s parents.
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There are no plans to commence this provision at present.
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Citizens Information Act 2007
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Sections 4a and 5
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Provides that a qualifying person, in the case of a person 18 years or over, is a person who in the opinion of the director is unable to obtain or has difficulty in obtaining a social service without the support of a personal advocate because of his or her disability.
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The situation in relation to this provision is being kept under review in consultation with the Citizens Information Board (CIB). This includes the consideration that public policy in the area of disability has changed from a “best interest” approach, from when the 2007 Act was enacted, to a now person-centred and rights-based approach.
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Social Welfare and Pensions Act 2008
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Sections 12 to 14
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Inserts new Chapter 5A in Part 3 of the SWCA 2005 and makes consequential amendments to the provisions of that Act to provide for the transfer of the Blind Welfare Allowance from the HSE to the Department of Social Protection.
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This provision will be commenced as soon as the necessary administrative arrangements have been agreed with the HSE and Department of Health.
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Section 17(5)
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Makes provision for the treatment of outstanding claims for Domiciliary Care Allowance held by the HSE on the transfer of administrative responsibility for that scheme to the Department of Social Protection.
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This provision is not required to be commenced, it related to the possible transfer of outstanding claims from a period in 2009 when the scheme transferred to DSP. There are no known instances where this is, or is likely to be required.
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Section 27
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Inserts Part VIA Registered Administrators (sections 64B to 64P) into the Pensions Act 1990, as amended.
Article 3 of the Social Welfare and Pensions Act 2008 (Section 27) (Commencement) (No. 2) Order 2008 (S.I. No. 308 of 2008) commenced section 27 of the 2008 Act other than section 64P.
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The situation in relation to this provision is being kept under review in consultation with the Pensions Authority.
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Social Welfare (Miscellaneous Provisions) Act 2010
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Section 3
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Inserts new section 296A into the SWCA 2005 and makes consequential amendments to the provisions of that Act to clarify the rules relating to which parent a child will normally be regarded as residing with for social welfare payment purposes.
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This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
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Section 6
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Confers power to make regulations to provide for the conditions under which a person is regarded as being incapable of work for the purposes of qualification for the payment of Illness Benefit.
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This provision will be commenced if the need arises. The intention behind these provisions has been met, in large part, by the introduction of the temporary enhanced IB payment in March 2020 to address the impact of the Covid-19 pandemic.
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Section 14
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Amends section 220 of the SWCA 2005 to clarify the rules relating to which parent a child will normally be regarded as residing with for Child Benefit purposes.
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This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
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Social Welfare and Pensions Act 2014
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Section 9
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Clarifies the provisions contained in Part 6 of the Social Welfare Consolidation Act (SWCA) 2005 in relation to entitlement to the Working Family Payment in cases where the claimant is living apart from his or her spouse or civil partner and children.
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This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
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Section 10
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Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to Working Family Payment during the 52 week entitlement period and on the weekly rate of FIS payable during that period.
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This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
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Civil Registration (Amendment) Act 2014
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Section 12
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Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred.
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Requires consultation with the HSE.
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Section 21(a)
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Amends section 59B of the Civil Registration Act 2004 (Notification of civil partnerships).
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No longer required. Superseded by the enactment of the Marriage Act 2015.
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Section 22
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Amends section 59C of the Civil Registration Act 2004 (Civil partnership registration form).
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No longer required. Superseded by the enactment of the Marriage Act 2015.
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Section 29(c)
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Provides for sharing of information with the Road Safety Authority.
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Pending further clarification of Data Protection issues.
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Parent’s Leave and Benefit Act 2019
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Section 28
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Amendment of section 58 of Act of 2005
Section 58 of the Act of 2005 is amended, in subsection (2), by the substitution of “Subject to this Act and section 6A of the Adoptive Leave Act 1995, an adopting parent shall be entitled to adoptive benefit” for “Subject to this Act, an adopting parent shall be entitled to adoptive benefit”.
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It is intended that this provision will be commenced in due course.
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Civil Registration Act 2019
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Section 6 (a) and (b)
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Provides definition of a qualified informant (usually a family member) in the registration of a death by a coroner.
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Section 6(a) is no longer required. Section 13 Civil Registration (Electronic Registration) Act 2024 replaces 6(a) of 2019 Act. 6 (b) Awaiting technical developments before commencing.
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Section 10(1)(c)
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Provides that the country of birth and the country of
citizenship of a deceased person are to be added to the particulars of a death to be entered in the register of deaths.
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Requires development work to the civil registration computer system in advance of commencement.
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Section 11
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Amendment of section 6 of the Civil Registration (Amendment) Act 2014 regarding arrangements for registration of the names of unmarried fathers.
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Requires commencement of section 6 of the Civil Registration (Amendment) Act 2014, which requires further amendment to section 22 to correct a drafting error.
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Civil Registration (Electronic Registration) Act 2024
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Section 11
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Provides for online Deaths.
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Requires technical development.
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Section 12
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Provides for death changes when referred to a coroner.
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Requires technical development.
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Section 13
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Provides for new interim death certificate.
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Requires technical development.
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Section 14
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Provides for notification of a death to GRO.
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Requires technical development.
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