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Amendment of section 36 of Principal Act
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24. Section 36 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of “(1A)” for “(2)”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) The Minister may by regulations provide for the arrangements that shall apply in relation to persons who are or were members of a couple where one member of the couple has made an application under section 14A.
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(1B) Without prejudice to the generality of subsection (1A), regulations under that subsection may provide for all or any of the following:
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(a) arrangements that shall apply in relation to a charge under section 14B;
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(b) arrangements that shall apply in relation to a determination under section 14C, including the conditions that shall apply in respect of a determination under that section of the revised amount of State support payable in respect of a person;
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(c) arrangements that shall apply in relation to a review under section 14E for the purpose of ascertaining whether a repayment event has occurred;
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(d) arrangements that shall apply in relation to the death of a person where a determination under section 14C was made before the death, including any notification or application for appointment of a family successor to be made under section 14F and any conditions that shall apply to such notification or application;
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(e) arrangements that shall apply in relation to the death or change in circumstances of a family successor, including any application for appointment of a new family successor to be made under section 14G and any conditions that shall apply to such application;
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(f) arrangements that shall apply in relation to the change in family successor following the transfer of a particular family asset, including any application for appointment of a new family successor to be made under section 14H and any conditions that shall apply to such application;
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(g) arrangements that shall apply in relation to repayment events;
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(h) arrangements that shall apply in relation to an application under section 14K or 14L;
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(i) arrangements that shall apply in relation to a determination under section 14M, including any conditions that may apply in respect of a determination under that section;
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(j) arrangements that shall apply in relation to Schedule 1.
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(1C) When making regulations under subsection (1A), the Minister shall have regard to the following:
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(a) the policies and objectives of the Government to protect the future viability of farms and relevant businesses that are owned and operated by families;
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(b) the fair and equitable treatment of couples under the Scheme;
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(c) the proper and efficient administration of the Scheme.
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(1D) In regulations under subsection (1A), the Minister may make provision for different circumstances or cases, including where—
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(a) the period referred to in an undertaking given by a family successor under any provision of this Act has or has not expired,
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(b) one or both members of a couple is or are receiving care services, or
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(c) one or both members of a couple has or have died.”,
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(c) in subsection (6)—
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(i) by the substitution of “sections 14J(7) and 26(8)” for “section 26(8)”, and
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(ii) by the substitution of “within the meaning of sections 14J(1) and 26(1)” for “within the meaning of section 26(1)”,
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(d) by the insertion of the following subsection after subsection (8):
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“(8A) The Minister may, in respect of any difficulty which arises during the period of 3 years from the commencement of section 24 of the Act of 2021 in bringing the amendments effected to this Act by the Act of 2021 into operation, by regulations do anything which appears to be necessary or expedient for bringing the said amendments into operation and regulations under this subsection may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act and the amendments effected to this Act by the Act of 2021.”,
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and
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(e) in subsection (10), by the insertion of “or (8A)” after “subsection (8)”.
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