S.I. No. 435/1997:

SOCIAL WELFARE ACT, 1997 (SECTIONS 25, 26(1)(c) AND 26(1)(d)) (COMMENCEMENT) ORDER, 1997

SOCIAL WELFARE ACT, 1997 (SECTIONS 25, 26(1)(c) AND 26(1)(d)) (COMMENCEMENT) ORDER, 1997

The Minister for Social, Community and Family Affairs in exercise of the powers conferred on the Minister by section 27 of the Social Welfare Act, 1997 (No. 10 of 1997), hereby orders as follows:

1. This Order may be cited as the Social Welfare Act, 1997 (Sections 25, 26(l)(c) and 26(1) (d)) (Commencement) Order, 1997.

2. The 17th day of October, 1997, is hereby appointed as the day on which sections 25, 26(1) (c) and 26(1) (d) of the Social Welfare Act, 1997 (No. 10 of 1997), shall come into operation.

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, on this 14th day of October, 1997.

DERMOT AHERN

Minister for Social, Community

and Family Affairs.

EXPLANATORY NOTE

This Order provides that sections 25, 26(1) (c) and 26(1) (d) of the Social Welfare Act, 1997 will come into effect on the 17th day of October, 1997.

Section 25 extends the capital assessment provisions which currently apply in the case of Disability Allowance and One Parent Family payment to Old Age (Non-Contributory) Pension, Blind Pension, Widow's and Widower's (Non-Contributory) Pension, Carer's Allowance and Orphan's (Non-Contributory) Pension. Under these provisions, the first £2,000 of capital is disregarded, the next £20,000 is assessed at 7.5 %and capital in excess of £22,000 is assessed at 15%.

Section 26 references consolidate the provisions relating to amounts disregarded in the assessment of means for Old Age (Non-Contributory) Pension) and Supplementary Welfare Allowance. They also provide for the disregard of rental income from the assessment of means for Old Age (Non-Contributory) Pension where such income is paid by a person who is living with a pensioner who would otherwise live alone.