S.I. No. 256/1998 - Social Welfare Act, 1998 (Section 21) (Commencement) Order, 1998

S.I. No. 256 of 1998.

SOCIAL WELFARE ACT, 1998 (SECTION 21)(COMMENCEMENT) ORDER, 1998

The Minister for Social, Community and Family Affairs in exercise of the powers conferred on the Minister by section 25 of the Social Welfare Act, 1998 (No. 6 of 1998), hereby orders as follows:

1 Citation

1. This Order may be cited as the Social Welfare Act, 1998 (Section 21) (Commencement) Order, 1998.

2 Commencement

2. The 14th day of July, 1998, is hereby appointed as the day on which section 21 of the Social Welfare Act, 1998 (No. 6 of 1998), shall come into operation.

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs. on this 14th day of July, 1998.

Dermot Ahern

Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE

This Order provides that section 21 of the Social Welfare Act, 1998 will come into effect on the 14th day of July, 1998.

Section 21 of the Social Welfare Act allows for the backdating of claims for Disablement Benefit, increases in respect of constant attendance or unemployability or Death Benefit. Arrears may be payable for up to three months, provided an entitlement exists.

The section also provides that decisions on backdating claims will be a deciding officer function and consequently can be appealed to the independent Social Welfare Appeals Office.