ISB SI

S.I. No. 142 of 1996.

SOCIAL WELFARE ACT, 1996 (SECTIONS 26 AND 27 ) (COMMENCEMENT) ORDER, 1996

The Minister for Social Welfare, in exercise of the powers conferred on him by

section 29

of the

Social Welfare Act, 1996

(No. 7 of 1996) hereby orders as follows

1 Citation.

1.

These Regulations may be cited as the

Social Welfare Act, 1996

(Sections 26 and 27) (Commencement) Order, 1996.

2 Commencement.

2.

Sections 26

and

27

of the

Social Welfare Act, 1996

shall come into operation on the 20th day of May, 1996.

GIVEN under the Official Seal of the Minister for Social Welfare this

17th day of May, 1996

PROINSIAS DE ROSSA

Minister for Social Welfare

EXPLANATORY NOTE

This Order brings

sections 26

and

27

of the

Social Welfare Act, 1996

into operation with effect from 17th May, 1996.

Section 26 amends existing legislative provisions to enable a person who has a mixed insurance record, that is periods of full and modified rate insurance, to qualify for a Pro-Rata Mixed Insurance Old Age (Contributory) or Retirement Pension where the rate of such pension is higher than the rate of other pension entitlements.

Section 27 provides that a widow or widower who remarries and who does not qualify for a pension on the death of the second spouse or who qualifies for pension at a lower rate that that payable prior to their remarriage, may requalify for pension on the death of the second spouse at the rate which would have been payable had they not remarried. Section 27 also provides for Survivor's Pension to be renamed as Widower's or Widower's (Contributory) Pension.