Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001

Amendment of the 1938 Act— insertion of sections 20A, 20B and 20C.

16.—The 1938 Act is amended by inserting the following sections after section 20 (as substituted by section 15 of this Act):

“Child allowance to be adjusted automatically by reference to salary increases in Civil Service.

20A.—(1) Whenever remuneration in the Civil Service is increased with effect from a particular day in accordance with agreements or arrangements that have effect on a general basis in the Civil Service (whether or not they also apply in relation to persons employed other than in the Civil Service), the child allowances payable under section 20 are, by the operation of this section, increased on and from that day by the same proportion.

(2) In this section ‘Civil Service’ has the meaning given by the Civil Service Commissioners Act, 1956 .

Power to continue payment of child allowance to incapacitated children.

20B.—(1) The Minister for Finance may, in writing, direct a child's allowance under section 20 to be paid throughout the child's lifetime, if satisfied—

(a) that the child is physically or mentally incapacitated to the extent of being unable to maintain himself or herself, and

(b) that the incapacity arose before the child reached 21 years of age.

(2) A child in respect of whom a direction is given under this section is entitled to be paid the allowance in accordance with the direction.

Power to reinstate certain terminated surviving spouse's pensions.

20C.—(1) The Minister for Finance may, by notice in writing given to the person concerned, reinstate a surviving spouse's pension that has ceased to be payable because that person has remarried, but only if satisfied that—

(a) the marriage has been annulled or dissolved, or

(b) compassionate grounds exist for reinstating the pension.

(2) Payment of a pension reinstated under this section is to be resumed—

(a) if the pension is reinstated because the marriage has been annulled or dissolved — on and from the date of the annulment or dissolution or, if the annulment or dissolution occurred before the date of commencement of this section, on and from that date, and

(b) in any other case — on and from a date specified by the Minister for Finance in the notice of reinstatement (being a date not earlier than the date of commencement of this section).”.