S.I. No. 222/1970:

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1970.

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 7 , 8 and 9 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Contributions) (Amendment) Regulations, 1970.

(2) The Social Welfare (Contributions) Regulations, 1953 to 1969, and these Regulations may be cited collectively as the Social Welfare (Contributions) Regulations, 1953 to 1970.

2. In these Regulations--

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

" the Regulations of 1961 " means the Social Welfare (Contributions) (Amendment) Regulations, 1961 ( S.I. No. 139 of 1961 ).

3. The Social Welfare (Contributions) (Amendment) Regulations, 1955 ( S.I. No. 215 of 1955 ) are hereby revoked.

4. Article 4 of the Principal Regulations is hereby amended

( a ) by the insertion in sub-article (1) thereof after the words " in respect of " of the words " any contribution week in respect of which retirement pension or invalidity pension is payable to him or " and

( b ) by the addition thereto of the following sub-articles--

" (2) An employment contribution credited under this article to an insured person in respect of whom the last previous contribution payable was

( a ) an employment contribution at the rate provided in either paragraph 4 or paragraph 5 of the Second Schedule to the Act (inserted therein by the Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 )), or

( b ) a voluntary contribution at the rate provided in section 6 (2) (a) of the Act

shall be reckoned only for the purposes of

(i) article 5 of these Regulations in relation to widow's (contributory) pension and

(ii) satisfying the contribution conditions for widow's (contributory) pension.

(3) The restriction in the preceding sub-article on the reckoning of an employment contribution credited under this article shall not apply to an employment contribution credited to an insured person in respect of a contribution week as respects which he has rights in relation to unemployment benefit or receives disability benefit or maternity allowance.".

5. Article 5 of the Principal Regulations is hereby amended--

( a ) by the insertion of the following sub-article after sub-article (1)--

" (2) Employment contributions under paragraphs 4 or 5 of the Second Schedule to the Act (inserted therein by the Social Welfare (Modifications of Insurance) Regulations, 1956) paid in respect of an insured person shall not be taken into account for the purposes of this article except in relation to widow's (contributory) pension." and

( b ) by the addition thereto of the following sub-article after sub article (3) (inserted by the Social Welfare (Contributions) (Amendment) Regulations, 1967 ( S.I. No. 89 of 1967 ))--

"(4) Where for any two complete consecutive contribution years there are no employment contributions paid or credited in respect of an insured person, any employment contribution credited to that person in respect of any contribution week in respect of which retirement pension is payable to him shall not be taken into account in relation to disability benefit, invalidity pension, unemployment benefit, marriage benefit or maternity benefit unless since the end of the second of the said contribution years twenty-six employment contributions have been paid in respect of such person.".

6. Article 6 of the Principal Regulations is hereby revoked.

7. Sub-article (1) of article 10B of the Principal Regulations (inserted therein by the Regulations of 1961) is hereby amended by the insertion therein of the words " retirement pension and " before the words " old age (contributory) pension " where they occur and by the addition to the end of the sub-article of the following--

" and any such employment contributions credited in respect of a period after the commencement of section 5 of the Social Welfare Act, 1970 , (No. 12 of 1970), shall be reckonable also for death grant purposes.".

8. Sub-article (2) of article 10C of the Principal Regulations (inserted therein by the Social Welfare (Contributions) (Amendment) Regulations, 1968 ( S.I. No. 1 of 1968 )) is hereby amended by the insertion therein after the words "such pension " of the words ", retirement pension " and by the addition to the end of the sub-article of the following--

" and any such credited contribution which shall be taken into account in relation to retirement pension, old age (contributory) pension and widow's (contributory) pension shall also be taken into account in relation to death grant where the contribution is credited in respect of a period after the commencement of section 5 of the Social Welfare Act, 1970 .".

9. The amount of a contribution, paid in respect of a contribution week commencing on or after the 5th day of October, 1970, to be returned to an insured person under sub-article (1) of Article 13A (inserted by the Regulations of 1961) of the Principal Regulations, shall be: --

( a ) in respect of a contribution week during the period beginning on the 5th day of October, 1970, and ending on the 14th day of February, 1971,

( b ) in respect of a contribution week commencing on or after the 15th day of February, 1971,

10. The Principal Regulations are hereby amended by the insertion after article 13C (inserted by the Regulations of 1961) of the following article:--

" 13D--(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 5th day of October, 1970, by an insured person whose entry into insurance occurred after he reached the age of fifty-five years, the amount of such contribution, calculated in accordance with sub-article (2) of this article to have been paid in respect of retirement pension, shall be returned to the insured person, if application to that effect is made in writing to the Minister, at such time as the Minister may determine.

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

( a ) in respect of a contribution week during the period beginning on the 5th day of October, 1970, and ending on the 14th day of February, 1971,

(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 manner as they apply 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 fifty-five years 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 a retirement 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 retirement pension.".

11. Article 14 of the Principal Regulations is hereby amended by the insertion after sub-article (6) thereof of the following sub-articles--

" (6) (A) In the case of retirement pension and in the case of invalidity pension--

( a ) an employment contribution paid after the due date shall as on and from the Thursday next following the expiration of twenty-eight days after the date on which such contribution has been paid, be treated as having been paid on the due date;

( b ) a voluntary contribution which is paid--

(i) after the due date but before the expiration of five months after the end of the contribution year to which it relates, or

(ii) after the due date but before the expiration of twelve months after the end of the contribution year to which it relates, if the Minister is satisfied that there is good cause for late payment,

shall as on and from the Thursday next following the expiration of twenty-eight days after the date on which such contribution has been paid be treated as having been paid on the due date;

( c ) a voluntary contribution which is not paid within the period specified in paragraph (b) of this sub-article shall be treated as not having been paid.

(6) (B) In determining for the purposes of death grant whether the relevant contribution conditions are satisfied in whole or in part as respects the number of contributions paid or credited in respect of periods before the beginning of the benefit year in which the relevant date as defined in paragraph 7 of the Fourth Schedule to the Act (inserted therein by section 18 of the Social Welfare Act, 1970 ) occurs

( a ) an employment contribution paid after the due date shall be treated--

(i) if paid within three months of the said relevant date-- as paid on the due date;

(ii) if paid thereafter--as not having been paid;

( b ) a voluntary contribution which is paid--

(i) after the due date but before the expiration of five months after the end of the contribution year to which it relates, or

(ii) after the due date but before the expiration of twelve months after the end of the contribution year to which it relates, if the Minister is satisfied that there is good cause for late payment

shall be treated as having been paid on the due date;

( c ) a voluntary contribution which is not paid within the period specified in paragraph (b) of this sub-article shall be treated as not having been paid.".

12. Sub-article (7) of article 14 of the Principal Regulations is hereby amended by the substitution for the words " in sub-articles (3) and (4)" of the words "in sub-articles (3), (4), 6 (B) (a) and (b) (i) ".

GIVEN under the Official Seal of the Minister for Social Welfare this

29th day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE

The Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ) provide, inter alia, for the crediting of employment contributions and for the return of contributions paid in error and for the reckoning in certain circumstances of contributions which are paid after the due date. These amending Regulations contain similar provisions relating to death grant, invalidity pension and retirement pension and provide for a further matter relating to old age (contributory) pension.

The Regulations provide for the crediting of employment contributions to persons while they are in receipt of invalidity pension or retirement pension, the value of the credits to depend on the person's previous insurance record.

It is a contribution condition for retirement pension that a claimant must have entered insurance before the age of fifty-five years. These Regulations determine the amount of a contribution paid in respect of retirement pension and provide for its return to a person who entered insurance after the age of fifty-five years and who was not insured before that age under the National Health Insurance Acts, 1911 to 1952. There is a similar contribution condition for old age (contributory) pension which requires that a claimant must have entered insurance before the age of sixty years and these Regulations provide for the increase in the amounts to be returned consequent on the increases in contribution rates in the Social Welfare Act, 1970 .

The Regulations provide that for the purposes of death grant a voluntary contribution paid after the date on which it is due to be paid or an employment contribution, if paid within three months after the due date, shall be treated as having been paid on the due date and that for the purposes of invalidity pension and retirement pension an employment contribution or a voluntary contribution paid after the due date shall, four weeks after the date of payment, be treated as having been paid on the due date, but that for the purposes of all three benefits 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.