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STATUTORY RULES AND ORDERS. 1944. No. 277.
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NATIONAL HEALTH INSURANCE (SUBSIDIARY EMPLOYMENTS) CONSOLIDATED ORDER, 1944.
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WHEREAS by virtue of sub-section (2) of Section 1 of, and paragraph (i) of Part II of the First Schedule to, the National Insurance Act, 1911 (in this Order called " the principal Act "), persons engaged in employment of any class which may be specified in a Special Order made under the principal Act as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood, are not persons employed within the meaning of Part I of the principal Act :
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AND WHEREAS by virtue of the proviso to sub-section (2) of Section 1 and Section 81 of the principal Act, read with the Irish Insurance Commissioners (Transfer of Functions) Order, 1933, the Minister for Local Government and Public Health (in this Order referred to as " the Minister ") may, with the approval of the Minister for Finance, by a Special Order provide for including amongst persons employed within the meaning of Part I of the principal Act any persons engaged in any of the excepted employments specified in Part II of the First Schedule to the principal Act, either unconditionally or subject to such conditions as may be specified in the Order :
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AND WHEREAS the powers and duties of the Minister under the National Health Insurance Acts, 1911 to 1942, were delegated by the Local Government and Public Health (Delegation of Ministerial Functions) (No. 2) Order, 1944, to Francis Constantine Ward, Parliamentary Secretary to the Minister (in this Order referred to as " the Parliamentary Secretary ") :
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AND WHEREAS by the Orders specified in the Third Schedule hereto, certain classes of employment have been specified as being of such a nature that they are ordinarily adopted as subsidiary employments only and not as the principal means of livelihood; and in the said Orders persons engaged in the class of employment therein mentioned have been ordered to be included amongst the persons employed within the meaning of Part I of the principal Act if they satisfied the conditions therein specified :
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AND WHEREAS by virtue of Section 40 of the National Insurance Act, 1913, any Special Orders made under the principal Act may be revoked, varied, or amended by a Special Order made in like manner as the original Order :
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AND WHEREAS for the purpose of amending and consolidating the provisions of the Orders hereinbefore mentioned the Parliamentary Secretary is desirous of revoking those orders and of making the Order hereinafter contained :
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NOW, THEREFORE, the Parliamentary Secretary in exercise of the above recited powers, and of all other powers enabling him in that behalf and, in respect of Article 2 hereof with the approval of the Minister for Finance, hereby orders as follows, that is to say—
1. The employments of the several classes set forth in the First Schedule hereto are hereby specified as being of such a nature that they are ordinarily adopted as subsidiary employments only and not as the principal means of livelihood.
2. Persons engaged in the several classes of employment specified in the Second Schedule hereto under the conditions therein mentioned shall be included amongst the persons employed within the meaning of Part I of the principal Act.
3. The Orders specified in the Third Schedule hereto shall be revoked, but such revocation shall not affect any right, privilege, obligation or liability acquired, accrued, or incurred under any of those Orders.
4. This Order may be cited as the National Health Insurance (Subsidiary Employments) Consolidated Order, 1944.
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GIVEN under my hand this 8th day of November, in the year one thousand nine hundred and forty-four.
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F. C. WARD,
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Parliamentary Secretary to the Minister for Local
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Government and Public Health.
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The foregoing Order is hereby approved by me the Minister for Finance.
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SEÁN T. O'CEALLAIGH.
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FIRST SCHEDULE.
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CLASSES OF EMPLOYMENT SPECIFIED AS BEING OF A SUBSIDIARY NATURE ONLY AND, THEREFORE, EXCLUDED FROM BEING EMPLOYMENT WITHIN THE MEANING OF PART I OF THE PRINCIPAL ACT.
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(Note.—Persons engaged in any of the classes of employment which are marked in this Schedule with an asterisk are, when engaged under the conditions mentioned in the Second Schedule, included amongst the persons employed within the meaning of Part I of the principal Act.)
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I.
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EMPLOYMENT IN THE SERVICE OF THE STATE.
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1. Employment, involving occasional attendance only, under the Department of Justice, as interpreter at sittings of a Court of Justice.
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2. Employment, involving part-time or occasional service only, under the Department of Justice, as :—
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(a) Probation officer under the Probation of Offenders Act, 1907;
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(b) Female attendant on persons in the custody of the Gárda Síochána.
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*3. Employment as sub-postmaster remunerated by scale payment. (See paragraph 1 of Second Schedule hereto.)
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*4. Employment as collector or deliverer of postal packets under the designation of Allowance Deliverer. (See paragraph 2 of Second Schedule hereto)
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*5. Employment as messenger conveying Post Office mails on station or pier service. (See paragraph 2 of Second Schedule hereto.)
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6. Employment, involving part-time service only, under the Revenue Commissioners, as collector of taxes under the Acts relating to income tax.
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7. Employment, involving occasional service only, under the Revenue Commissioners, as woman searcher.
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8. Employment, involving part-time service only, under the Revenue Commissioners, as cleaner of official huts on the land frontier.
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*9. Employment, under the Commissioners of Public Works in Ireland, as chain or staff man, gauge reader, or attendant on hydrometric work. (See paragraph 3 of Second Schedule hereto.)
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10. Employment, involving part-time or occasional service only, under the Commissioners of Public Works in Ireland, as caretaker of property surplus to State requirements, or as collector of rents of lettings therein.
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*11. Employment, involving part-time service only, under the Department of Education, is artist's model in the National College of Art. (See paragraph 12 of Second Schedule hereto.)
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12. Employment, under the Department of Education, as attendant or doorkeeper at or in connection with Intermediate or Leaving Certificate examinations.
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13. Employment, involving part-time service only, under the Department of Agriculture or Department of Lands (Gaeltacht Services), as caretaker of curing-stations, stores or boats.
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14. Employment, involving part-time service only, under the Department of Agriculture, as collector of fishery statistics.
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15. Employment, involving occasional service only, under the Department of Lands (Gaeltacht Services), in the handling of kelp or kelp weed.
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16. Employment, involving part-time service only, under the Department of Agriculture, as cleaner of an inspection office at a port, or as milker at an educational institution.
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17. Employment, involving occasional attendance only, under the Department of Local Government and Public Health, as attendant on a District Medical Referee.
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18. Employment as attendant at or in connection with examinations held by the Civil Service Commissioners or by the Local Appointments Commission.
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II.
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EMPLOYMENT UNDER LOCAL OR OTHER PUBLIC AUTHORITIES.
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19. Employment, involving occasional attendance only, as keeper of a Circuit or District Courthouse.
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*20. Employment, involving occasional service only, as mace-bearer. (See paragraph 4 of Second Schedule hereto).
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21. Employment, involving part-time service only, as member of a fire brigade.
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22. Employment, involving part-time service only, as caretaker of waterworks under the control of a local authority.
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23. Employment, involving periodical attendance only, as non-resident caretaker of a dispensary under the control of a local authority.
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24. Employment, involving only service outside the ordinary hours of work by a local authority as librarian.
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III.
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EMPLOYMENT UNDER THE DEPARTMENT OF INDUSTRY AND COMMERCE OR ANY LIGHTHOUSE AUTHORITY.
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25. Employment, involving part-time service only :—
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(a) as civilian in charge of a rocket or cliff-ladder life-saving apparatus and equipment connected therewith, being the property of the Department of Industry and Commerce ;
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(b) in or with a volunteer company enrolled for the purpose of working a rocket or cliff-ladder life-saving apparatus; or
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(c) in keeping a look-out in connection with the Coast Life Saving Service for wrecks or signals of distress at sea.
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26. Employment, involving part-time service only, by a local or general lighthouse authority or dock, harbour or conservancy authority or Board, in connection with the care or upkeep of minor lights, buoys, beacons, signals and tide-gauges.
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IV.
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MISCELLANEOUS EMPLOYMENTS, WHETHER IN THE SERVICE OF THE STATE, UNDER LOCAL OR OTHER PUBLIC AUTHORITIES, OR OTHERWISE.
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*27. Employment, involving part-time service only, by a local or other public authority, or by any company or body responsible for the lighting of any borough or other local area, as lamp lighter or extinguisher, whether the employment does or does not include the duty of cleaning or keeping in order the lamps. (See paragraph 5 of Second Schedule hereto).
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*28. Employment in the delivery of milk or newspapers, where the employment is not continued later than 10 a.m. (See paragraph 6 of Second Schedule hereto).
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29. Employment, involving part-time service only, as caretaker or constable of a harbour, pier, fishery pier, slip, or lights or beacons.
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30. Employment, involving part-time service only, in or about a cathedral, church or other place of religious worship in any of the following capacities :—
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(a) Bell ringer ;
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*(b) Cleaner. (See paragraph 7 of Second Schedule hereto) ;
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(c) Member of the choir ;
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(d) Organ blower ;
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(e) Organist or other musician ;
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(f) Sacristan or verger ;
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(g) Sexton.
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31. Employment, involving part-time service only, in any of the following capacities :—
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(a) Bible-woman ;
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(b) Chapel-keeper ;
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(c) Lay preacher or scripture reader.
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32. Employment, involving only occasional service or service outside the ordinary hours of work, in the performance of clerical duties.
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33. Employment as secretary or clerk of a society, club, committee, philanthropic institution, school or other similar body or institution, where personal service is ordinarily required only occasionally or outside the ordinary hours of work.
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34. Employment as caretaker, where no wages are paid or where no other money payments are made.
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35. Employment, involving part-time service only, as :—
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(a) Member of a town band ;
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(b) Political agent ;
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(c) Water keeper ;
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(d) Caretaker of sand pits, gravel pits or plantations on an estate ;
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(e) Caretaker of ancient or national monuments
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36. Employment, involving part-time service only, in reading to a blind person.
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*37. Employment as herd, estate bailiff, rent warner, game watcher, shorewatcher, wood ranger, or bog ranger. (See paragraph 8 of Second Schedule hereto).
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38. Employment, involving part-time service only, as attendant at a child welfare centre.
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39. Employment, involving part-time service only, by Cumann an Árachais Náisiúnta ar Shláinte, as sick visitor.
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*40. Occasional employment of a woman on an agricultural holding in the dressing or gathering of crops. (See paragraph 9 of Second Schedule hereto.)
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*41. Employment, involving part-time or occasional service only, as woman cleaner or as water carrier at a Gárda Siochána Station. (See paragraph 10 of Second Schedule hereto.)
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42. Employment, involving part-time service only, by the manager of a national school in the cleaning of such school, or in the cleansing of drains, cesspools, pits or offices in or about any such school.
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43. Employment, involving part-time service only, as caretaker of a burial ground.
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44. Employment, involving part-time service only, as member of the crew of a lifeboat.
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*45. Employment under the Irish Sea Fisheries Association, Limited, as local agent. (See paragraph 11 of Second Schedule hereto.)
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SECOND SCHEDULE.
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CONDITIONS UNDER WHICH PERSONS ENGAGED IN CERTAIN OF THE CLASSES OF EMPLOYMENT SPECIFIED IN THE FIRST SCHEDULE HERETO ARE INCLUDED AMONGST THE PERSONS EMPLOYED WITHIN THE MEANING OF PART I OF THE PRINCIPAL ACT.
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1. Any person employed as sub-postmaster, remunerated by scale payment, who is mainly dependent for his livelihood on the earnings derived by him from such employment and renders on the average 18 or more hours' personal service in each week in that capacity.
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2. Any person employed as collector or deliverer of postal packets under the designation of Allowance Deliverer, or as messenger conveying Post Office mails on station or pier service, who renders more than 18 hours' service in each week in any of these capacities.
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3. Any person employed, under the Commissioners of Public Works in Ireland, as chain or staff man, gauge reader, or attendant on hydrometric survey work, who renders more than 18 hours' service in any week in one or more of these capacities.
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4. Any person employed in employment involving occasional service only as mace-bearer.
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Where the person so employed is otherwise ordinarily employed by the authority, company or other body or person to whom the service is rendered.
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5. Any person employed in employment, involving part-time service only, by a local or other public authority or by any company or body responsible for the lighting of any borough or other local area as lamp-lighter or extinguisher, whether the employment does or does not include the duty of cleaning or keeping in order the lamps.
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6. Any person employed in the delivery of milk or newspapers where the employment is not continued later than 10 a.m.
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7. Any person employed in or about a cathedral, church or other place of religious worship as cleaner, where such employment is the principal means of livelihood.
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8. Any person employed as herd, estate bailiff, rent warner, game watcher, shore watcher, wood ranger or bog ranger, where the employment in one or more of such capacities under one employer involves whole-time service.
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9. Any woman employed occasionally on an agricultural holding in the dressing or gathering of crops, who was at the time of entering on the employment an insured person.
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10. Any person employed as woman cleaner or water carrier at a Gárda Síochána station, where such employment is the principal means of livelihood.
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11. Any person employed under the Irish Sea Fisheries Association, Limited, as local agent, who renders on the average more than 18 hours' service in each week in that capacity.
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12. Any person employed as an artist's model in the National College of Art, under the Department of Education, who is at the time of entering on the employment an insured person.
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THIRD SCHEDULE.
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The National Health Insurance (Subsidiary Employments) Consolidated Order, 1936.
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The National Health Insurance (Subsidiary Employments) Order, 1937.
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