S.I. No. 244/1964 - Social Welfare (Share Fishermen) Regulations, 1964.

S.I. No. 244 of 1964.

SOCIAL WELFARE (SHARE FISHERMEN) REGULATIONS, 1964.

I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 12 and subsection (5) of section 17 of the Social Welfare Act, 1952 (No. 11 of 1952), and, as respects article 4 hereof, with the sanction of the Minister for Finance, hereby make the following Regulations :—

1. These Regulations may be cited as the Social Welfare (Share Fishermen) Regulations, 1964.

2. These Regulations shall come into operation on the 4th day of January, 1965.

3. In these Regulations—

"the Act" means the Social Welfare Act, 1952 ;

"share fisherman" means a person who is or has been employed in the employment specified in paragraph 6 of Part I of the First Schedule to the Act.

4. Contributions paid by an employer in respect or on behalf of a share fisherman may be deducted from the gross earnings of the working of the fishing vessel before the share of the person so employed is ascertained and the provisions of section 6 of the Act shall be modified accordingly.

5.—(1) Subject to the provisions of sub-article (3) of this article it shall be an additional condition with respect to the receipt of unemployment benefit by a share fisherman in respect of any day—

(i) that it is a day on which he performs no work as a share fisherman and in respect of which he has not failed or neglected to avail himself of any reasonable opportunity of employment as a fisherman, and

(ii) that there was no work on or in connection with the fishing vessel of which he is a member of the crew available for him on that day for the reason—

(a) that on account of the state of the weather the fishing vessel could not reasonably have put to sea for the purposes of fishing ; or

(b) that the fishing vessel was undergoing repairs or maintenance, not being repairs or maintenance constituting work as a share fisherman within the meaning of sub-article (2) of this article ; or

(c) that any other good cause necessitated abstention from fishing.

(2) For the purposes of this article—

(a) work as a share fisherman includes any of the work specified in sub-paragraph (b) of this sub-article which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing vessel, or is likely to become so necessary in the near future, and which it is the duty of the share fisherman (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or the gross earnings of the working of the fishing vessel, but any other work done to the fishing vessel or its nets or gear shall be disregarded ;

(b) the work referred to in sub-paragraph (a) of this sub-article is any work done to the fishing vessel or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of nets and gear or their preparation for fishing.

(3) A share fisherman shall not be subject to the provisions of sub-article (1) of this article in respect of any day—

(a) where the date of his entry into employment as a share fisherman was at least twelve months before that day and he is not a person who during the twelve months immediately preceding that day has or would but for his being unemployed or incapable of work have been wholly or mainly engaged in and derived his livelihood wholly or mainly from employment as a share fisherman, or

(b) where the date of his entry, or last entry as the case may be, into employment as a share fisherman was less than twelve months before that day and he is not a person who may reasonably be expected so to be engaged and so to derive his livelihood during the twelve months following the date of such entry, or

(c) where before that day and since he was last employed as a share fisherman he has become regularly engaged in some other occupation.

(4) Nothing in this article shall enable any day to be treated as a day of unemployment which could not be so treated apart from the provisions of this article,

GIVEN under my Official Seal this 6th day of October, 1964.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

I, SÉAMAS Ó RIAIN, Minister for Finance, hereby sanction article 4 of the foregoing Regulations.

GIVEN under my Official Seal this 6th day of October, 1964.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations lay down additional conditions for the receipt of unemployment benefit by share fishermen. They also make provision for the deduction of contributions paid in respect or on behalf of share fishermen from the gross earnings of the fishing vessel before ascertainment of the shares.

The Regulations are complementary to the Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1964, ( S.I. No. 202 of 1964 ), the effect of which is to make ordinary rate contributions payable as from the 4th January, 1965, in respect of certain wholetime share fishermen and thereby to give them cover for unemployment benefit.