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Social Welfare and Pensions Act 2008 (No. 2)Introductory TextActs Referred toPart 1 Preliminary and General (s. 1)1. Short title, construction, collective citation and commencement.Part 2 Amendment of Social Welfare Acts (ss. 2-25)2. Definitions.3. Child benefit - new rates.4. Early childcare supplement - increase in rate.5. Transfer of pension rights to EC institutions scheme.6. Illness benefit - improvement.7. State pension (non-contributory) - improvements.8. One-parent family payment - increase in income limit and amendment.9. Respite care grant - increase.10. Detention in legal custody.11. State pension (contributory) - homemakers.12. Blind welfare allowance.13. Blind welfare allowance - consequential amendments.14. Blind welfare allowance - commencement and transitional.15. Domiciliary care allowance.16. Domiciliary care allowance - consequential amendments.17. Domiciliary care allowance - commencement and transitional.18. Supplementary welfare allowance.19. Claims.20. Payments to persons other than claimant or beneficiary.21. Provisions with respect to habitual residence.22. Proceedings.23. Schedule 3, Part 2.24. Supplementary welfare allowance - calculation of weekly means.25. Amendments of Act of 2007.Part 3 Amendment of Pensions Act 1990 (ss. 26-29)26. Definitions.27. Registered administrators.28. Trustee training.29. Miscellaneous amendments of Pensions Act 1990.Part 4 Amendment of Other Acts (ss. 30-31)30. Amendment of Family Law Act 1995.31. Amendment of Family Law (Divorce) Act 1996.Schedule 1 Amendments Relating to Supplementary Welfare AllowanceSchedule 2 Formal Amendments of the Pensions Act 1990
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AI Summary of 17. Domiciliary care allowance - commencement and transitional.

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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2009 - onwards
Version 2 of 2

17. Domiciliary care allowance - commencement and transitional.

(1) In this section -

"Chapter 8A" means Chapter 8A (inserted by section 15 of this Act) of Part 3 of the Principal Act;

"Health Act allowance" means an allowance for the domiciliary care of children under section 61 of the Health Act 1970.

(2) Notwithstanding anything to the contrary in Chapter 8A but subject to subsection (3), where immediately before the commencement of this section, a person is in receipt of Health Act allowance, a domiciliary care allowance is payable to that person under Chapter 8A on and from that commencement at a rate not less than the rate of Health Act allowance payable to that person immediately before that commencement.

(3) Subsection (2) ceases to apply upon the occurrence, on or after the date of commencement of this section, of a change in the circumstances of that person or of the child in respect of whom the allowance is payable such as to affect the person’s entitlement under Chapter 8A.

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