S.I. No. 672 of 2016


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Social Welfare act 2016 (section 18) (commencement) (S.I. No. 672 of 2016)
 

 
EXPLANATORY NOTE
 
 
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
 

 

This Order provides for the commencement of section 18 (other than paragraph (a)(i)) of the Social Welfare Act 2016 with effect from 31st December 2016.

Section 18 provides for amendments to section 246 of the Social Welfare Consolidation Act 2005 which relates to habitual residence. The amendments provide for the relevant provisions of the European Communities (Free Movement of Persons) Regulations 2015 and the International Protection Act 2015 to be appropriately referenced in section 246.

Paragraph (a)(i) of section 18 relates to the European Communities (Free Movement of Persons) Regulations 2015 and took effect on the enactment of the Bill on 19 December 2016.

The remaining provisions in section 18 update section 246 of the Social Welfare Consolidation Act 2005 by providing the appropriate reference to the relevant provisions of the International Protection Act 2015 which will maintain the current policy with respect to habitual residence. These provisions are being commenced from 31st December 2016 in order for them to take effect in social welfare legislation on the same date the related provisions of the International Protection Act 2015 are being commenced by the Minister for Justice and Equality.

 

 
 
 
Last modified:11/01/2017