Social Welfare Act, 1988


Social Insurance for the Self-Employed

Amendment of section 2 of Principal Act (interpretation generally).

10.—Section 2 (1) of the Principal Act is hereby amended—

(a) by the deletion of the definition of “qualifying contribution”, and

(b) by the insertion of the following definitions:

“‘insurable self-employment’ means self-employment of such a nature that a person engaged therein would be a self-employed contributor;

‘qualifying contribution’ means the appropriate employment contribution or self-employment contribution which was paid or would have been paid but for section 10 (1) (c) or section 17C (d) or (e) in respect of any insured person;

‘reckonable emoluments’, in relation to a self-employed contributor, means emoluments (other than reckonable earnings, non-pecuniary emoluments and such other emoluments as may be prescribed) to which Chapter IV of Part V of the Income Tax Act, 1967 , applies, reduced by so much of the allowable contribution referred to in regulations 59 and 60 of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960) (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) as is deducted on payment of those emoluments;

‘reckonable income’, in relation to a self-employed contributor, means the aggregate income (excluding reckonable earnings, reckonable emoluments, non-pecuniary income and such other income as may be prescribed), from all sources for the contribution year as estimated in accordance with the provisions of the Income Tax Acts, but without regard to section 2 or section 18 of the Finance Act, 1969 , or (save in the case of a person to whom paragraph 1 of Part IIA of the First Schedule applies) to Chapter 1 (inserted by the Finance Act, 1980 ) of Part IX of the Income Tax Act, 1967 , after deducting from the income so much of any deduction allowed by virtue of the provisions referred to in section 33 of the Finance Act, 1975 , as is to be deducted from or set off against that income in charging it to income tax;

‘self-employed contributor’ has the meaning assigned in section 17A;

‘self-employment contribution’ has the meaning assigned in section 17B.”.