Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024

• Jurisdiction: Ireland
• Citation: IR No. 6/2024
• Year: 2024

Number 6 of 2024
SOCIAL WELFARE AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2024
CONTENTS
PART 1
Preliminary and General
Section
1. Short title, construction and commencement
2. Definitions
PART 2
Liable Relatives and Child Maintenance
3. Definition (Part 2)
4. Amendment of section 2 of Principal Act
5. Amendment of section 250 of Principal Act
6. Amendment of section 300 of Principal Act
7. Repeal of Part 12 of Principal Act
8. Amendment of Schedule 3 to Principal Act
PART 3
Amendment of Social Welfare (Miscellaneous Provisions) Act 2023
9. Amendment of Social Welfare (Miscellaneous Provisions) Act 2023
PART 4
Beneficiaries of Temporary Protection
Chapter 1
Amendment of Principal Act
10. Disqualification from certain payments where person is resident in designated accommodation centre
Chapter 2
Amendment of International Protection Act 2015
11. Amendment of International Protection Act 2015
Acts Referred to
International Protection Act 2015 (No. 66)
Social Welfare (Miscellaneous Provisions) Act 2015 (No. 12)
Social Welfare (Miscellaneous Provisions) Act 2023 (No. 37)
Social Welfare Act 2022 (No. 43)
Social Welfare Consolidation Act 2005 (No. 26)
Social Welfare, Pensions and Civil Registration Act 2018 (No. 37)
Number 6 of 2024
SOCIAL WELFARE AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2024
An Act to amend the Social Welfare Acts to exclude assessment of child maintenance payments from social welfare means tests and to repeal the provisions relating to liable relatives; to amend the Social Welfare (Miscellaneous Provisions) Act 2023 ; to make further provision for certain matters relating to persons to whom permission to reside in the State is given under section 60 (6) of the International Protection Act 2015 and, for that purpose, to amend the Social Welfare Consolidation Act 2005 and the International Protection Act 2015; and to provide for related matters.
[5th March, 2024]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, construction and commencement
1. (1) This Act may be cited as the Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024.
	(2) The Social Welfare Acts and this Act (other than subsection (5) and Chapter 2 of Part 4 ) shall be construed together as one Act.
	(3) Part 2 shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	(4) Chapter 1 of Part 4 shall come into operation on such day or days as the Minister may, following consultation with the Minister for Justice and the Minister for Children, Equality, Disability, Integration and Youth, by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	(5) Chapter 2 of Part 4 shall come into operation on such day or days as the Minister for Justice may, following consultation with the Minister and the Minister for Children, Equality, Disability, Integration and Youth, by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
		Definitions
2. In this Act—
	“Minister” means the Minister for Social Protection;
	“Principal Act” means the Social Welfare Consolidation Act 2005 .
PART 2 Liable Relatives and Child Maintenance
		Definition (Part 2)
3. In this Part, “Act of 2015” means the Social Welfare (Miscellaneous Provisions) Act 2015 .
		Amendment of section 2 of Principal Act
4. Section 2 of the Principal Act is amended—
	(a) in subsection (1), in the definition of “social welfare inspector”, by the substitution of “8 and 9” for “8, 9 and 12”, and
	(b) in subsection (7), by the substitution of “In Part 4 of Schedule 3,” for “Subject to Part 12,”.
		Amendment of section 250 of Principal Act
5. Section 250 of the Principal Act is amended—
	(a) in subsection (1) (amended by section 14 of, and the Schedule to, the Act of 2015), by the substitution of “7A and 8” for “7A, 8 and 12”,
	(b) in subsection (2), by the deletion of paragraph (d),
	(c) in subsection (7) (amended by section 14 of, and the Schedule to, the Act of 2015), by the substitution of “7A and 8” for “7A, 8 and 12”, and
	(d) in subsection (7A) (amended by section 14 of, and the Schedule to, the Act of 2015), by the substitution of “7A and 8” for “7A, 8 and 12”.
		Amendment of section 300 of Principal Act
6. Section 300(2) of the Principal Act is amended—
	(a) in paragraph (h), by the substitution of “and insurability), and” for “and insurability),”,
	(b) in paragraph (hh), by the substitution of “within the meaning of Part 11B.” for “within the meaning of Part 11B, and”, and
	(c) by the deletion of paragraph (i).
		Repeal of Part 12 of Principal Act
7. Part 12 of the Principal Act is repealed.
		Amendment of Schedule 3 to Principal Act
8. (1) Schedule 3 to the Principal Act is amended—
	(a) in Part 1, by the insertion of the following definition:
	“ ‘maintenance payment made to or in respect of a qualified child’ means any maintenance payment made to or in respect of a qualified child that may be prescribed;”,
	(b) in Part 2, in Rule 1(2)(b) (amended by section 14 of the Act of 2022), by the substitution of the following clause for clause (ii):
	“(ii) in relation to maintenance—
	(I) any maintenance payment made to or in respect of a qualified child, and
	(II) any moneys received by way of maintenance payments, other than those referred to in subclause (I), in so far as those payments do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),”,
	(c) in Part 3, in Rule 1(2)(b) (amended by section 14 of the Act of 2022), by the substitution of the following clause for clause (i):
	“(i) in relation to maintenance—
	(I) any maintenance payment made to or in respect of a qualified child, and
	(II) any moneys received by way of maintenance payments, other than those referred...