S.I. No. 139/1961:

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS; 1961.

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS; 1961.

I, SEÁN MacENTEE, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 , 7 and 13 of the Social Welfare Act, 1952 (No. 11 of 1952 and by section 9 of that Act as amended by section 4 of the Social Welfare (Amendment) Act, 1960 (No. 25 of 1960), hereby make the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Contributions) (Amendment) Regulations, 1961.

2.--(1) These Regulations and the Social Welfare (Contributions) Regulations, 1953 to 1960, may be cited collectively as the Social Welfare (Contributions) Regulations, 1953 to 1961.

(2) In these Regulations " the Principal Regulations " means the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ).

3. The Principal Regulations are hereby amended by the insertion after article 10A (inserted by the Social Welfare Contributions) (Amendment) Regulations, 1960 ( S.I. No. 132 of 1960 )) of the following article:--

" 10B.--(1) Subject to sub-article (2) hereof, employment contributions reckonable only for old age (contributory) pension purposes shall be credited to an employed contributor who, following a period during which he was employed in an employment specified in sub-article (1) of article 5 of the Social Welfare (Modifications of Insurance) Regulations. 1956 ( S.I. No. 236 of 1956 ) commences employment which is insurable for old age (contributory) pension purposes, for the period between the beginning of the contribution year last preceding that in which he commenced such employment and the date of commencement of such employment.

(2) Employment contributions shall be credited to an employed contributor under this article in respect of not more than one occasion on which he so commences employment which is insurable for old age (contributory) pension purposes."

4. The Principal Regulations are hereby amended by the addition after article 13 of the following articles:--

" 13A.--(1) Subject to the provisions of sub-article (4) of this article, where a contribution is paid in respect of a contribution week commencing on or after the 2nd day of January, 1961, by an insured person who is an employed contributor or a voluntary contributor and whose entry into insurance occurred after he had attained the age of sixty, the amount of such contribution calculated in accordance with sub-article (2) of this article to have been paid in respect of old age (contributory) pension shall be returned to the insured person at such time as the Minister may determine, if application to that effect is made in writing to the Minister.

(2) The amount of a contribution to be returned to an insured person under sub-article (1) of this article shall be--

(3) On the death of an insured person the Minister may allow such person as he may think fit to proceed with or to make a claim for a return of contributions under this article in the name of such insured person, and the provisions of article 17 of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) shall apply to any such claim in like effect as to a claim for benefit under that article.

(4) This article shall not apply to contributions paid by an employed contributor or a voluntary contributor who was insured at any time before he attained the age of sixty as an employed contributor under the National Health Insurance Acts, 1911 to 1952.

(5) Where contributions have been returned under this article in respect of an insured person who subsequently becomes entitled to an old age (contributory) pension, the amount so returned shall be repayable by such person to the Social Insurance Fund or may be treated as a payment to him on account of old age (contributory) pension.

13B. The Minister may, if he thinks fit, make exception from liability to pay employment contributions which would otherwise be payable, for a period not exceeding fifty-two contribution weeks, in respect of the temporary employment of a person who is not ordinarily resident in the State, and whose employer is not ordinarily resident in the State or has not his principal place of business in the State, or in Northern Ireland, or in Great Britain, or in the Isle of Man.

13C.--(1) Where an insured person who is ordinarily resident in the State is temporarily employed outside the State in the service of an employer who is resident or has a place of business in the State, in employment which, but for the words ` in the State ' in paragraph 1 of Part 1 of the First Schedule to the Act, would be employment within the meaning of that paragraph, that paragraph of that Schedule shall be construed as if the words ` in the State ' were deleted therefrom and the provisions of the Social Welfare Acts, 1952 to 1960, which govern the payment of employment contributions shall apply in respect of that person.

(2) For the purposes of applying the provisions of Article 13C (1) of these Regulations, a person shall cease, unless the Minister otherwise decides in any particular case, to be treated as temporarily employed outside the State where the period of absence exceeds fifty-two contribution weeks."

5. Sub-article (6) of article 14 of the Principal Regulations is hereby amended by the insertion therein after the words " orphan's (contributory) allowance " of the words " and in the case of old age (contributory) pension ".

GIVEN under my Official Seal this 11th day of July, One Thousand Nine Hundred and Sixty-one.

SEÁN MacENTEE,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations provide for the crediting of contributions, effective for old age (contributory) pension purposes only, to a person who moves from employment which is insurable for widows and orphans pensions purposes only to employment which is insurable for other benefits including old age (contributory) pension.

The contributions are credited from the beginning of the contribution year preceding that in which the change of employment occurs, and on only one such change of employment.

It is a contribution condition for old age (contributory) pension that the claimant must have entered insurance before the age of sixty. These Regulations determine the amount of a contribution paid in respect of old age (contributory) pension and provide for its return to a person who entered insurance after the age of sixty and who was not insured before the age of sixty under the National Health Insurance Acts, 1911 to 1952.

The Regulations provide also by amendment of article 14 of the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ) that, for the purposes of old age (contributory) pension in the same way as for the purposes of widows (contributory) pension and orphans (contributory) allowance, an employment contribution or a voluntary contribution paid after the date on which it was due to be paid shall, four weeks after date of payment, be treated as having been paid on the due date but that a voluntary contribution must be paid not later than five months or, where the Minister is satisfied there is good cause, twelve months after the end of the contribution year to which it relates.

The Regulations provide for the continuation of insurance under the Social Welfare Acts of certain Irish workers temporarily employed outside the State. They also include provisions for exemption from liability to pay contributions, in certain circumstances and for a limited period, in respect of foreign workers employed in the State.