S.I. No. 282/1994 - Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations. 1994.


S.I. No. 282 of 1994.

SOCIAL WELFARE (MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) (NO. 2) REGULATIONS. 1994.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and section 42 of that Act (as amended by section 19 of the Social Welfare Act, 1994 (No. 4 of 1994)), hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1994.

2 Casual employment.

2. The Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1992 ( S.I. No. 448 of 1992 ) are hereby amended by the insertion after article 6 (as amended by the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1993 ( S.I. No. 82 of 1993 )) of the following article:

"6A. (1) A person shall be regarded, for the purposes of subsection (1) (d) of section 42 of the Social Welfare (Consolidation) Act, 1993 , as being engaged in casual employment where—

(a) that person is normally employed for periods of less than a week,

(b) the number of days and the days of the week on which that person is employed in each period varies with the level of activity in their employer's business, and

(c) on the termination of each period of employment that person has no assurance of being re-employed with the same employer.

(2) In determining, for the purposes of sub-article (1) of this article, whether a person is engaged in casual employment account shall be taken of the person's employment in the 6 months immediately preceding the first day of that person's claim for benefit:

Provided that where a deciding officer or appeals officer considers that this period is not appropriate to determine whether a person is engaged in casual employment, the officer may have regard to such other period which appears to the said officer to be appropriate for that purpose.".

GIVEN under the Official Seal of the Minister for Social Welfare, this 20th day of September, 1994.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

Section 19 of the Social Welfare Act, 1994 exempts people engaged in casual employment from the qualifying condition for Unemployment Benefit of having to have sustained a substantial loss of employment.

These Regulations setout the circumstances in which a person will be regarded as being engaged in casual employment.