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4 2005

Social Welfare and Pensions Act 2005

SCHEDULE 1

Amendments to Principal Act Consequential on the Health Act 2004

Section 23.

 

Item No.

Provisions affected

Amendment

1.

Section 2

In subsection (1), insert the following after the definition of “entry into insurance”:

“ ‘Executive’ means the Health Service Executive;”.

2.

Section 65

In subsection (7), substitute “due to the Executive, payment may be made to the Executive” for “due to a health board, payment may be made to that board”.

3.

Section 175

(a) In subsection (1) (as amended by section 30 of the Act of 1999), substitute “the Executive shall, in respect of its functional areas” for “each health board shall, in respect of its functional areas”.

(b) In subsection (1A) (inserted by section 36 of the Act of 1996), substitute “may apply to the whole State or to a functional area of the Executive or to a part of a functional area of the Executive” for “may apply to the whole State or to a specified health board or to a part of the functional area of a health board”.

(c) In subsection (2) (as amended by section 30 of the Act of 1999), substitute “the Executive shall grant to every person in its functional areas” for “every health board shall grant to every person in its functional area”.

(d) Delete subsection (3).

4.

Section 176 (as amended by section 14 of the Act of 2003)

Section 179A(2) (inserted by section 16 of the Housing (Miscellaneous Provisions) Act 1997 )

Sections 180(1) and (3), 181, 182(2), 183(a), 184(a) and 184A(a) (each as amended by section 30 of the Act of 1999)

Sections 185, 189(2) and 191(3)

Section 191A(1) (as amended by section 8 of the Act of 2003)

Section 222(3)

The definition of ‘specified body’ in 223(1)

Section 224(1)(b) (as amended by section 28 of the Act of 1999)

Sections 224(1)(b), 277(2)(a), 278(b) and (c), 279 and 279A(b) (each as amended by section 30 of the Act of 1999)

Section 279B(b)

Section 281(5)

Section 282 (as amended by section 21 of this Act)

Section 293(1)

Section 299(1)

In Part I of the Third Schedule, in Rule 1(2)(g) and (k) (both as amended by section 26 of the Act of 1997), (kk) (as amended by section 13 of the Act of 2001) and (q) (as amended by section 26 of the Act of 1997)

In Part II of the Third Schedule, in Rule 1(4)(f)(ii) and (iii) (both as amended by section 13 of the Act of 2001), (l) and (p) (both as amended by section 26 of the Act of 1997)

In Part III of the Third Schedule, in Rule 1(1)(b) (as amended by section 26 of the Act of 1997), (bb) (inserted by section 13 of the Act of 2001), (g) and (l) (both as amended by section 26 of the Act of 1997)

In Part IV of the Third Schedule, in Rule 1(3)(f) and (j) (both inserted by section 16 of the Act of 1999), (jj) (inserted by section 13 of the Act of 2001) and (p) (inserted by section 16 of the Act of 1999)

Substitute “the Executive” for “a health board” in each place where it occurs.

5.

Section 179A(3) (inserted by section 16 of the Housing (Miscellaneous Provisions) Act 1997 )

Sections 180(1) and (2) (both as amended by section 30 of the Act of 1999)

Section 181

Section 182(1) (as amended by section 15 of the Act of 2003)

Sections 182(2) and 184(c)

Section 184A (as amended by section 30 of the Act of 1999)

Sections 189(1) and (2), 190(2)(b) and 191(3)

Section 257A (inserted by section 30 of the Act of 1996)

Sections 278(c) and 279(iii)

Section 279A(c) (as amended by section 30 of the Act of 1999)

Section 279B(c) (as amended by section 30 of the Act of 1999)

Section 281(5) and (8)

The definition of “competent authority” in section 284(1) (as amended by section 24 of the Act of 1998)

Section 299(1)

Substitute “the Executive” for “the health board” in each place where it occurs.

6.

Sections 184(c) and 184A(c)

Substitute “the Executive” for “such health board” in each place where it occurs.

7.

Section 184(c)

Substitute “the Executive or deciding officer has certified” for “the health board has certified”.

8.

Sections 179A(3) and (4), 180(1), 189(2) and 299(1)

Substitute “the Executive” for “the board” in each place where it occurs.

9.

Section 248(1A) (inserted by section 30 of the Act of 1999)

Section 267(1) (as amended by section 30 of the Act of 1996)

Section 268 (as amended by section 30 of the Act of 1996)

Sections 269 and 273

Section 273A(c) (inserted by section 31 of the Act of 1996)

Section 277(3)

Substitute “employee of the Executive” for “officer of a health board” in each place where it occurs.

10.

Section 257(3) (as amended by section 30 of the Act of 1996)

Sections 267(1) and 269(a)

Section 269(b) (as amended by section 32 of the Act of 1996)

Section 269(c)

Section 278 (as amended by section 7 of the Act of 1996)

Section 282

Substitute “employee of the Executive” for “officer of the health board” in each place where it occurs.

11.

Section 185

(a) In subsection (1)—

(i) in paragraph (a), substitute “within any of its functional areas” for “within the functional area of the health board”, and

(ii) in paragraph (b)—

(I) substitute “within any of its functional areas” for “within its functional area”, and

(II) substitute “within any of those areas” for “within that area”.

(b) Substitute the following for subsection (2):

“(2) The Executive may, in any case in which it thinks proper, bring into and bury in any of its functional areas the body of a person eligible for supplementary welfare allowance who has died outside that functional area.”.

(c) In subsection (3), substitute “into any of its functional areas” for “into its functional area”.

12.

Section 187

Substitute the following for subsection (8):

“(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to the Executive to defray the expenditure on supplementary welfare allowance and costs of administration of that allowance.”.

13.

Section 189

In subsection (3)—

(a) substitute “as if the name of the Executive were substituted therein” for “as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein”, and

(b) substitute “by or against the Executive” for “by or against the health board”.

14.

Section 191

In subsection (2), substitute “the Executive” for “the health board in whose functional area the functional area of the public assistance authority was included immediately before the 1st day of July, 1977”.

15.

Section 224 (as amended by section 28 of the Act of 1999)

In subsection (1)(b), substitute “any of its functional areas” for “its functional area”.

16.

Section 266 (as amended by section 30 of the Act of 1999)

Substitute “the chief executive officer of the Executive” for “the chief executive officer (within the meaning of section 13 of the Health Act, 1970 ) of the health board”.

17.

Section 268

Substitute the following for subsection (1) (as amended by section 30 of the Act of 1996):

“(1) An employee of the Executive (in this subsection referred to as the ‘first-named employee’) who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time—

(a) revise a determination of another employee of the Executive, other than an employee appointed or designated under section 267(1), to such allowance if it appears to the first-named employee that the determination was erroneous in the light of new evidence or of new facts which have been brought to the notice of the first-named employee since the date on which the determination was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to the first-named employee that there has been any relevant change of circumstances since the determination was given,

(b) revise the determination of another employee of the Executive appointed or designated under section 267(1), if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the determination was given, or

(c) revise the decision of an appeals officer, if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the decision was given,

and the provisions of this Part as to appeals shall apply to the revised determination in the same manner as they apply to an original determination of an employee of the Executive.”.

18.

Section 293

In subsection (1)(b), substitute “in a case where the liable relative is in the service of such an authority or committee or the Executive” for “in a case where the liable relative is in the service of such an authority, board or committee”.