Social Welfare (Miscellaneous Provisions) Act 2008
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act 2008.
(2) The Social Welfare Acts and Parts 1 and 2 shall be read together as one.
(3) The Civil Registration Acts 2004 and 2005 and section 25 may be cited together as the Civil Registration Acts 2004 to 2008.
(4) The Pensions Acts 1990 to 2008 and section 24 may be cited together as the Pensions Acts 1990 to 2008.
(5) The Citizens Information Acts 2000 and 2007 and Part 4 may be cited together as the Citizens Information Acts 2000 to 2008.
(6) Sections 8 , 22 , 24 , 26 to 29 and Part 5 shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.
num: 2
paragraphs: — In this Act—
“ Act of 2006 ” means the Social Welfare Law Reform and Pensions Act 2006 ;
“ Act of 2007 ” means the Social Welfare Act 2007 ;
“ Act of 2008 ” means the Social Welfare and Pensions Act 2008 ;
“ Minister ” means the Minister for Social and Family Affairs;
“ Principal Act ” means the Social Welfare Consolidation Act 2005 .
num: 3
paragraphs: — (1) Schedule 2 to the Principal Act (as amended by section 2(1) of the Act of 2007) is amended by substituting the Parts set out in Schedule 1 for Parts 1 to 4 of the said Schedule 2.
(2) This section comes into operation—
(a) in so far as it relates to jobseeker’s benefit, on 25 December 2008,
(b) in so far as it relates to illness benefit, health and safety benefit, injury benefit and disablement gratuity, on 29 December 2008,
(c) in so far as it relates to carer’s benefit, State pension (transition), invalidity pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178 of the Principal Act, on 1 January 2009, and
(d) in so far as it relates to disablement pension, death benefit under section 81, 82 or 83 of the Principal Act, State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension and guardian’s payment (contributory), on 2 January 2009.
num: 4
paragraphs: — (1) Schedule 4 to the Principal Act (as amended by section 3(1) of the Act of 2007) is amended by substituting the Parts set out in Schedule 2 for Parts 1 to 3 of the said Schedule 4.
(2) This section comes into operation—
(a) in so far as it relates to jobseeker’s allowance, pre-retirement allowance and farm assist, on 24 December 2008,
(b) in so far as it relates to supplementary welfare allowance, on 29 December 2008,
(c) in so far as it relates to disability allowance, on 31 December 2008,
(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer’s allowance and a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178 of the Principal Act, on 1 January 2009, and
(e) in so far as it relates to State pension (non-contributory), blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and guardian’s payment (non-contributory), on 2 January 2009.
num: 5
paragraphs: — (1) The following section is substituted for section 228 (as amended by section 4(1) of the Act of 2007) of the Principal Act:
“228.— Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than—
(a) in the case of a family which includes only 1 child, €500,
(b) in the case of a family which includes 2 children, €590,
(c) in the case of a family which includes 3 children, €685,
(d) in the case of a family which includes 4 children, €800,
(e) in the case of a family which includes 5 children, €920,
(f) in the case of a family which includes 6 children, €1,030,
(g) in the case of a family which includes 7 children, €1,160, or
(h) in the case of a family which includes 8 or more children, €1,250.”.
(2) This section comes into operation on 1 January 2009.
num: 6
paragraphs: — (1) Section 13(2) (as amended by section 5(1) of the Act of 2007) of the Principal Act is amended in paragraph (c) by substituting “€52,000” for “€50,700”.
(2) This section comes into operation on 1 January 2009.
num: 7
paragraphs: — (1) Section 29(1)(b) (as amended by section 6(1) of the Act of 2007) of the Principal Act is amended by substituting “€52,000” for “€50,700”.
(2) This section comes into operation on 1 January 2009.
num: 8
paragraphs: — Section 2(1) (as amended by section 5 of the Act of 2006) of the Principal Act is amended by substituting the following paragraph for paragraph (a) of the definition of “ reckonable income ”:
“(a) sections 140, 195, 216C, 231, 232 and 233 of the Act of 1997, or”.
num: 9
paragraphs: — The Principal Act is amended—
(a) in section 2(1), by inserting the following definition:
“ ‘children detention school’ means a children detention school within the meaning of the Children Act 2001 ;”,
(b) in section 2(3), by substituting “children detention school” for “reformatory or an industrial school”, and
(c) in section 134(3), in paragraph (a)(ii) of the definition of “ relevant insured person” by substituting “children detention school” for “reformatory or an industrial school”.
num: 10
paragraphs: — The Principal Act is amended—
(a) in section 99(2)(b),
(b) in section 179(4)(c),
(c) in section 224(2)(b), and
(d) in section 244(1)(b)(i)(II),
by substituting “registered medical practitioner” for “medical practitioner ”.
num: 11
paragraphs: — Section 137(2) (as amended by section 19 of the Social Welfare and Pensions Act 2007 ) of the Principal Act is amended by substituting the following definition for the definition of “widowed parent ”:
“ ‘widowed parent’ means a widow or widower—
(a) who—
(i) in the case of a widow, has at least one qualified child who normally resides with her at the date of death of her spouse or whose child is born within 10 months of the date of death of her spouse, or
(ii) in the case of a widower, has at least one qualified child who normally resides with him at the date of death of his spouse,
and
(b) who—
(i) is entitled to, or in receipt of, bereavement grant, or
(ii) is entitled to, or in receipt of—
(I) death benefit under section 81,
(II) widow’s (contributory) pension under Chapter 18 of Part 2,
(III) widower’s (contributory) pension under Chapter 18 of Part 2,
(IV) widow’s (contributory) pension under Chapter 18 of Part 2 or widower’s (contributory) pension under Chapter 18 of Part 2 by virtue of Council Regulation (EEC) No. 1408/71 of the Council of 14 June 1971 1 or by virtue of a reciprocal agreement under section 287,
(V) one-parent family payment, or
(VI) State pension (non-contributory),
which includes an increase in respect of a qualified child;”.
1OJ No. L149, 5.7.1971, p.2
num: 12
paragraphs: — Section 144(5) of the Principal Act is repealed.
num: 13
paragraphs: — (1) Section 172(1) (as amended by section 17 of and Schedule 3 to the Act of 2006) of the Principal Act is amended by substituting the following definition for the definition of “ qualified parent ”:
“ ‘ qualified parent ’ means, subject to regulations under section 177—
(a) a widow,
(b) a widower,
(c) a separated spouse,
(d) an unmarried person, or
(e) a person whose spouse has been committed in custody to a prison or place of detention for not less than 6 months,
who is the parent, step-parent, adoptive parent or legal guardian of at least one qualified child, who normally resides with that person;”.
(2) Subsection (1) shall not apply, where a person’s entitlement to one-parent family payment has been established before the coming into operation of that subsection, for the duration of that person’s continuous entitlement to one-parent family payment.
num: 14
paragraphs: — (1) Section 187 of the Principal Act is amended by inserting the following definitions:
“ ‘mortgage interest’ means the proportion of any amount payable by a person to a mortgage lender which is for the time being attributable to interest payable under an agreement entered into by that person with the mortgage lender for the purpose of defraying money employed in the purchase, repair or essential improvement of the sole or main residence of that person or to pay off another loan used for that purpose but does not include interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement;
num: 15
paragraphs: — (1) Section 41 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—
(a) in subsection (1), by substituting the following paragraph for paragraph (a):
“(a) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, and”,
and
(b) by inserting the following subsection after subsection (3):
“(3A) In the case of a claim for illness benefit where the period of interruption of employment began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.”.
(2) Section 44 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—
(a) by inserting the following subsections after subsection (1):
“(1A) Where a person—
(a) has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of incapacity for work, and
(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date 2 years immediately before that day, or the period beginning on 5 January 2009, whichever is shorter, to illness benefit for 624 days,
the person shall not be entitled to illness benefit for that day unless since the last of those 624 days and before that day he or she has requalified for benefit.
(1B) Subsection (1A) shall not apply to any claim for illness benefit where the period of incapacity for work began on or before 4 January 2009.
(1C) In the case of a person to whom section 41(1)(c)(ia)(I) applies and—
(a) that person is in receipt of invalidity pension, carer’s benefit or carer’s allowance on 5 January 2009, and
(b) the period of incapacity for the illness benefit referred to in section 41(1)(c)(ia)(II) began on or before 4 January 2009,
subsection (1A) shall not apply to the illness benefit claim made immediately following the invalidity pension, carer’s benefit or carer’s allowance for the period of incapacity of that illness benefit claim.
(1D) Subsection (1A) shall not apply for the period of incapacity of any claim for illness benefit where, on the date immediately before the claim, a person was incapable of work and entitled to or in receipt of injury benefit in respect of a period on or before 4 January 2009.”,
(b) in subsection (3), by substituting “Notwithstanding subsection (1) or, as the case may be, subsection (1A)” for “Notwithstanding subsection (1)”, and
(c) in subsection (4), in paragraph (b), by substituting “subsection (1) or, as the case may be, subsection (1A) shall” for “subsection (1) shall”.
(3) This section comes into operation on 5 January 2009.
num: 16
paragraphs: — (1) Section 53 of the Principal Act is amended—
(a) in subsection (1)(a)(ii)—
(i) by substituting the following clause for clause (I):
“(I) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day for which health and safety benefit is claimed, and”,
and
(ii) by substituting the following for sub-clause (A) of clause (II):
“(A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, in the second last complete contribution year before the beginning of the benefit year or in a subsequent complete contribution year which includes the first day for which health and safety benefit is claimed, of which at least 13 must be qualifying contributions, or”,
and
(b) by inserting the following subsection after subsection (2):
“(2A) In the case of a claim for health and safety benefit where the period of health and safety leave began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a)(ii)(I) shall be read as if ‘52’ were substituted for ‘104’.”.
(2) This section comes into operation on 5 January 2009.
num: 17
paragraphs: — Section 62 of the Principal Act is amended by substituting the following subsection for subsection (8):
“(8) Notwithstanding anything contained in subsection (5), any period—
(a) not exceeding 1 year in duration, of—
(i) employment under a scheme administered by An Foras Ã?iseanna Saothair and known as Community Employment,
(ii) employment under a scheme administered under the aegis of the Minister for Community, Rural and Gaeltacht Affairs and known as the Rural Social Scheme,
(iii) participation in a scheme administered by An Foras Ã?iseanna Saothair and known as the Enterprise Allowance Scheme,
(iv) participation in a scheme administered by An Foras Ã?iseanna Saothair and known as the Alternance Scheme,
(v) attendance at a training course provided or approved of by An Foras Ã?iseanna Saothair,
(vi) participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative, or
(vii) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,
or
(b) not exceeding 2 years in duration, of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,
shall be disregarded in treating, under subsection (5)(c), any 2 periods of interruption of employment not separated by more than 26 weeks as one period of interruption of employment.”.
num: 18
paragraphs: — (1) Section 64 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—
(a) in subsection (1) by substituting the following paragraph for paragraph (a):
“(a) has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed,”,
(b) in subsection (1)(b), by substituting the following subparagraph for subparagraph (i):
“(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or”,
(c) in subsection (2), by substituting “104” for “52”,
(d) in subsection (3), by substituting “104” for “52”,
(e) by inserting the following subsection after subsection (3):
“(3A) In the case of any claim for jobseeker’s benefit where the period of interruption of employment began on or after 5 April 2004 and before 1 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.”,
and
(f) by inserting the following subsection after subsection (4):
“(4A) Regulations may provide for entitling to jobseeker’s benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement, in subsection (1)(b)(i), that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which benefit is claimed, is not satisfied.”.
(2) Section 67 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—
(a) by substituting the following subsections for subsection (3):
“(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of not less than 260 contribution weeks have effect as if ‘312 days’ were substituted for ‘156 days’.
(3A) Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 156 days, have effect as if ‘390 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.
(3B) Where a person to whom section 64(1)(c)(ia)(I) applies is—
(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and
(b) the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1)(c)(ia)(II) began on or before 14 October 2008,
subsection (3) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.”,
(b) by substituting the following subsections for subsection (4):
“(4) Subsection (1) shall, in respect of a person who is over the age of 18 years and has qualifying contributions in respect of less than 260 contribution weeks, have effect as if ‘234 days’ were substituted for ‘156 days’.
(4A) Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 78 days, have effect as if ‘312 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.
(4B) Where a person to whom section 64(1)(c)(ia)(I) applies is—
(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and
(b) the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1)(c)(ia)(II) began on or before 14 October 2008,
subsection (4) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.”,
and
(c) in subsection (5) by substituting “for 234 days, 312 days or 390 days” for “for 312 days or 390 days”.
(3) Subsection (1) shall come into operation on 1 January 2009.
(4) The amendment effected by subsection (1)(b) shall not apply in the case of a claim for jobseeker’s benefit where the period of interruption of employment commences before 1 January 2009.
(5) Subsection (2) shall be deemed to have come into operation with effect from 15 October 2008.
num: 19
paragraphs: — (1) The Principal Act is amended—
(a) in section 186C (inserted by section 15 of the Act of 2008)—
(i) in paragraph (a), by substituting “registered medical practitioner” for “medical practitioner”, and
(ii) in paragraph (c), by deleting the words “as defined in section 3 of the Children Act 2001 ”,
and
num: 20
paragraphs: — (1) The Principal Act is amended—
(a) in section 219 by substituting the following subsection for subsection (1):
“(1) A child shall be a qualified child (in this Part referred to as a ‘ qualified child ’) for the purposes of child benefit where—
(a) he or she is under the age of 16 years, or
(b) having attained the age of 16 years, he or she is under the age of 18 years and is—
(i) receiving full-time education, the circumstances of which shall be specified in regulations, or
(ii) by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,
and
(c) he or she is ordinarily resident in the State, and
(d) he or she is not detained in a children detention school and is not undergoing imprisonment or detention in legal custody.”,
and
num: 21
paragraphs: — (1) The Principal Act is amended by substituting the following Part for Part 4A (inserted by section 28 of the Act of 2006):
“PART 4A
EARLY CHILDCARE SUPPLEMENT
Entitlement to early childcare supplement.
223A.— Subject to this Part, a person who is a qualified person for the purposes of Part 4 shall, so long as he or she remains so qualified, be paid out of moneys provided by the Oireachtas a monthly payment (in this Act referred to as ‘early childcare supplement’) in accordance with section 223B in respect of each qualified child (within the meaning of section 219) until such time as the qualified child attains the age of 5 years and 6 months.
Amount of early childcare supplement.
223B.— (1) Subject to this Act, the maximum amount of early childcare supplement payable under section 223A in respect of each qualified child shall not exceed €1,104 in any year, payable in equal monthly instalments of €92.
(2) Early childcare supplement shall be payable in respect of the month following the month of the birth of the child and shall continue to be payable up to and including the month in which the child attains the age of 5 years and 6 months.
(3) Early childcare supplement shall be paid monthly in arrears and the final payment shall be in respect of the month in which the child attains the age of 5 years and 6 months.
(4) Regulations which may be made under section 242(1)(a) providing for the time and manner of payment of early childcare supplement shall be subject to the consent of the Minister for Finance and the Minister for Health and Children.”.
(2) This section comes into operation on 1 January 2009.
num: 22
paragraphs: — Section 227 of the Principal Act is amended in the definition of “ weekly family income” by—
(a) deleting paragraph (e), and
(b) substituting the following paragraphs for paragraph (f):
“(f) any income of a person who in respect of that family is a child, or
(g) any contribution payable under the tax known as income levy.”.
num: 23
paragraphs: — (1) The Principal Act is amended in Part 1 of Schedule 4 by substituting the following for reference 5A:
“
5A. Blind Welfare Allowance
num: 63
paragraphs: 60
-
num: 4
paragraphs: 40
-
-
-
-
”.
(2) Section 12(d) of the Act of 2008 is repealed.
num: 24
paragraphs: — The Pensions Act 1990 is amended—
num: 25
paragraphs: — Section 66 of the Civil Registration Act 2004 is amended in subsection (1) by deleting “the Minister and”.
num: 26
paragraphs: — In this Part “Act of 2000” means the Comhairle Act 2000 .
num: 27
paragraphs: — Section 2 (as amended by section 2 of the Citizens Information Act 2007 ) of the Act of 2000 is amended—
(a) in the definition of “voluntary body” by inserting “a money advice and budgeting service,” after “commonly known as”, and
(b) in the definition of “social service” by inserting “advice on personal debt and money management” after “consumer matters,”.
num: 28
paragraphs: — Section 7 (as amended by section 4 of the Citizens Information Act 2007 ) of the Act of 2000 is amended—
(a) in subsection (1) by inserting the following paragraphs after paragraph (c)—
“(ca) to support the provision of a service to be known, in the English language, as the Money Advice and Budgeting Service or, in the Irish language, as An tSeirbhÃ­s BuisÃ©adaithe agus Comhairle Airgid, to provide advice to individuals for the purpose of the management, avoidance, reduction and discharge of personal debt and in relation to money management,
(cb) to promote and develop the provision of the Money Advice and Budgeting Service and to provide information in respect of such provision,
(cc) to provide, subject to the consent of the Minister, and in accordance with subsection (1A), financial assistance to a voluntary body in respect of any matter related to the functions referred to in paragraphs (ca), (cb), (cd), (ce), (cf) and (cg),
(cd) to promote and develop education in respect of money management,
(ce) to compile and publish data relating to the provision of the Money Advice and Budgeting Service,
(cf) to promote and disseminate awareness and information to the public relating to the provision of the Money Advice and Budgeting Service,
(cg) to undertake, or commission, research relating to the functions referred to in paragraphs (ca), (cb) and (cd) and on any matter, as the Minister may, from time to time, request, in relation to the functions referred to in paragraphs (ca), (cb) and (cd) to (cf),
(ch) to provide advice, information and assistance to the Minister in respect of the functions referred to in paragraphs (ca) to (cg) and such advice, information and assistance in relation to those functions as the Minister may, from time to time, request,”,
(b) in subsection (1A)—
(i) in paragraph (a), by substituting “subsection (1),” for “subsection (1), and”,
(ii) by inserting the following paragraph after paragraph (a):
“(aa) support the provision, promotion and development of the Money Advice and Budgeting Service under subsections (1)(ca) and (1)(cb) and the functions referred to in subsections (1)(cd) to (1)(cg),”,
(iii) in paragraph (b), by substituting “subsection (1)(h), and” for “subsection (1)(h),”,
(iv) by inserting the following paragraph after paragraph (b):
“(ba) provide financial assistance to a voluntary body under subsection (1)(cc),”,
(v) by substituting “may apply under paragraphs (a), (aa), (b) and (ba)” for “may apply under paragraphs (a) and (b)”,
(c) in subsection (1C)—
(i) by substituting “paragraphs (a) and (aa) of subsection (1A)” for “paragraph (a) of subsection (1A)”, and
(ii) by substituting “paragraphs (b) and (ba) of that subsection” for “paragraph (b) of that subsection”,
(d) in subsection (1D)—
(i) by substituting “paragraphs (a) and (aa) of subsection (1A)” for “paragraph (a) of subsection (1A)”, and
(ii) by substituting “paragraphs (b) and (ba) of that subsection” for “paragraph (b) of that subsection”,
and
(e) by inserting the following subsection after subsection (1E):
“(1F) The Board, in performing the functions conferred on it under subsections (1)(ca) to (1)(ch), shall have regard to—
(a) the provision, in particular, of the Money Advice and Budgeting Service to persons on low income who are, or are at risk of becoming, over indebted, and
(b) Government policy, in particular social inclusion policy.”.
num: 29
paragraphs: — The Act of 2000 is amended by inserting the following section after section 25:
“Transfer by Minister of certain rights and liabilities.
25A.— (1) Where, before the day on which this section comes into operation, the Minister has entered into any contract, agreement or arrangement with any person in respect of the provision by that person of a service commonly known as a money advice and budgeting service, and that contract, agreement or arrangement is in force immediately before the day on which this section comes into operation, the Minister may, as he or she sees fit, under his or her seal, transfer or assign his or her rights or liabilities arising under such contract, agreement or arrangement to the Board.
(2) Every right and liability transferred by subsection (1) to the Board may, on or after the day on which this section comes into operation, be sued on, recovered or enforced by or against the Board in its own name.”.
num: 30
paragraphs: — In this Part “ Agency” means the Combat Poverty Agency.
num: 31
paragraphs: — The Agency shall be dissolved on the commencement of this Part.
num: 32
paragraphs: — (1) All rights and liabilities of the Agency arising by virtue of any contract or commitment (expressed or implied) entered into by the Agency before the commencement of this Part shall, on such commencement, stand transferred to the Minister.
(2) Every right and liability transferred by subsection (1) may, on and after the transfer, be sued on, recovered or enforced by or against the Minister in his or her name and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of such transfer.
num: 33
paragraphs: — (1) All land which, immediately before the commencement of this Part, was vested in the Agency and all rights, powers and privileges relating to or connected with that land are, on such commencement, without any conveyance or assignment, transferred to and vested in the Minister.
(2) All property other than land, including choses-in-action, which immediately before the commencement of this Part was the property of the Agency shall, on such commencement, stand transferred to the Minister without any assignment.
(3) Every chose-in-action transferred by subsection (2) may, on and after the commencement of this Part, be sued upon, recovered or enforced by the Minister in his or her name and it shall not be necessary for the Minister to give notice to any person bound by the chose-in-action of the transfer effected by that subsection.
(4) Any moneys, stocks, shares and securities transferred to the Minister by subsection (2) which, immediately before the commencement of this Part, are in the name of the Agency shall, upon the request of the Minister, be transferred into his or her name.
num: 34
paragraphs: — (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared final accounts of the Agency, in respect of the accounting year or part of an accounting year of the Agency ending immediately before the commencement of this Part.
(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.
num: 35
paragraphs: — Where, immediately before the commencement of this Part, any legal proceedings to which the Agency is a party are pending, the name of the Minister shall be substituted in the proceedings for the name of the Agency and the proceedings shall not abate by reason of such substitution.
num: 36
paragraphs: — (1) (a) Subject to paragraph (b), every person who, immediately before the commencement of this Part is an employee of the Agency shall, on such commencement, hold an unestablished position in the Civil Service.
(b) Every person who, immediately before the commencement of this Part, is a fixed-term employee of the Agency shall, on such commencement, hold an unestablished position as a fixed-term employee of the Minister for the duration of his or her contract of employment.
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, on the commencement of this Part, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the commencement of this Part.
(3) The previous service of a person referred to in subsection (1) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in:
(a) the Redundancy Payments Acts 1967 to 2007;
(b) the Protection of Employees (Part-Time Work) Act 2001 ;
(c) the Protection of Employees (Fixed-TermWork) Act 2003;
(d) the Organisation of Working Time Act 1997 ;
(e) the Terms of Employment (Information) Acts 1994 and 2001;
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(g) the Unfair Dismissals Acts 1977 to 2007;
(h) the Maternity Protection Acts 1994 and 2004;
(i) the Parental Leave Acts 1998 and 2006;
(j) the Adoptive Leave Acts 1995 and 2005;
(k) the Carer's Leave Act 2001 .
(4) Any superannuation benefits awarded to or in respect of a person referred to in subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the commencement of this Part.
(5) The pension payments and other superannuation liabilities of the Agency in respect of its former employees become on the commencement of this Part the liabilities of the Minister for Finance.
(6) A person referred to in subsection (1) shall undertake such duties as the Minister may from time to time direct.
(7) A person referred to in subsection (1), shall be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 to 2001.
(8) In this section—
“ Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004 ;
“ Civil Service” has the meaning assigned to it by the Act of 2004;
“ contract of employment” has the meaning assigned to it by the Protection of Employees (Fixed-Term Work) Act 2003 ;
“ fixed-term employee” has the meaning assigned to it by the Protection of Employees (Fixed-Term Work) Act 2003 ;
“ recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees;
“ unestablished position” has the meaning assigned to it by the Act of 2004.
num: 37
paragraphs: — The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 38
paragraphs: — The Combat Poverty Agency Act 1986 is repealed.