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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

PART X

COMMENCEMENT, REPEALS AND CONTINUANCE

Repeals.

300. —The enactments specified in column (2) of the Fifth Schedule (referred to in this Part as “the repealed enactments”) are hereby repealed to the extent specified in column (3) of that Schedule:

Provided that without prejudice to the Interpretation Act, 1937, the provisions of the repealed enactments shall continue to apply to benefit, assistance, child benefit or family income supplement prior to the commencement of this Act to the same extent as if this Act had not been passed.

Continuity of repealed enactments.

301. —The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—

(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision;

(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

Continuance of instruments, officers and documents.

302. —(1) All officers appointed under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act, 1981 , and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.

(2) All instruments made and documents issued under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act, 1981 , and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.

Continuity of insurance under old codes.

[1981, s. 133(1)]

303.—(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before the 5th day of January, 1953, under the National Insurance Act, 1911, the Unemployment Insurance Act, 1920, (or any scheme under that Act) or the Widows' and Orphans' Pensions Act, 1935 , may continue to be insured under the provisions of Part II or otherwise to preserve the rights conferred on them by virtue of those enactments.

[1981, s. 133(2)]

(2) Regulations under subsection (1) shall, in such manner and subject to such conditions as may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under Part II to take account of contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder.

[1981, s. 133(3)]

(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act, 1952 , including, in particular, regulations providing—

(a) for modifying, as respects the period before the 5th day of January, 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.

Commencement.

304. —(1) Subject to this Part, this Act shall come into operation on such day as the Minister may appoint by order.

(2) The provisions of the Sixth Schedule shall come into operation—

[1991, s. 20(2)]

(a) in respect of paragraph 1, on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of that paragraph,

[1993, s. 22(3)]

(b) in respect of paragraph 2, on such day as the Minister may appoint by order,

[1992, s. 47(2)]

(c) in respect of paragraph 3, on such day as the Minister may appoint by order, and

[1993, s. 41]

(d) in respect of paragraph 4, on such day as the Minister may appoint by order.