S.I. No. 132/1960:

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1960.

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1960.

I, SEÁN MacENTEE, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 7 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby make the following regulations :--

1. These Regulations may be cited as the Social Welfare (Contributions) (Amendment) Regulations, 1960.

2. These Regulations and the Social Welfare (Contributions) Regulations, 1953 to 1957, may be cited collectively as the Social Welfare (Contributions) Regulations, 1953 to 1960.

3. The Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ) shall be amended by the insertion after article 10 of the following article :--

" 10 A. (1) Where in respect of a day immediately subsequent to a period of incapacity for work it is decided by a deciding officer that an insured person is not incapable of work, an employment contribution may, at the discretion of the Minister, be credited to such insured person in respect of any contribution week between the beginning of the contribution week in which the said day occurs and the end of the contribution week in which the decision of the deciding officer is issued to him or where such decision has been appealed the end of the contribution week next following that in which the decision of an appeals officer is issued to him or the end of such earlier week as the Minister may determine.

(2) An employment contribution shall not be credited under this article for any contribution week prior to the contribution week in which notice of incapacity is given to the Minister, or, in the case of a person who has given notice of incapacity and has failed or neglected for a period exceeding six months to submit medical or other satisfactory evidence of incapacity or of a person who has given notice of incapacity and has submitted medical or other satisfactory evidence of incapacity and has failed or neglected for a period exceeding six months to continue to submit such evidence, for any contribution week prior to the contribution week in which such evidence is submitted after such failure or neglect."

GIVEN under my Official Seal this 23rd day of June One Thousand Nine Hundred and Sixty.

SEÁN MacENTEE,

Minister for Social Welfare.

EXPLANATORY NOTE.

A contribution condition for disability or unemployment benefit under the Social Welfare Acts, 1952 to 1958, requires at least 48 paid or credited employment contributions in respect of the contribution year preceding the benefit year which includes the day for which benefit is claimed. Reduced rates of benefit are payable where the number of the employment contributions paid or credited is less than 48 and no benefit is payable if the number is less than 26.

Where it is decided in the case of an insured person claiming disability benefit that he is no longer incapable of work and he does not agree with the decision, some time may elapse before the matter is finally determined. If it is decided that he is capable of work credits may not be granted. The absence of such credits might have the effect of reducing the rate of benefit to which he would be entitled in the event of a claim in the succeeding benefit year.

These Regulations amend the Social Welfare (Contributions) Regulations, 1953 to 1957, so as to provide that an employment contribution may be credited for each week of the period from the date of disallowance up to the end of the contribution week in which the deciding officer's decision or (where an appeal is involved) the appeals officer's decision is issued to the insured person.