S.I. No. 120/1995 - Social Welfare (Understanding With Québec on Social Security) Order, 1995.


WHEREAS the arrangements in respect of matters relating to social security set out in the Understanding in the Schedule to this Order (hereinafter called "the Understanding") were made by the Government of Ireland with the Government du Québec;

AND WHEREAS it is provided in Article 27 of the Understanding that the Understanding will be subject to compliance with all the statutory and constitutional requirements for its entry into force;

AND WHEREAS it is provided in Article 27 of the Understanding that the Understanding will come into force on the date set by an exchange of letters between the contracting Parties;

AND WHEREAS the aforesaid letters were exchanged in Ottawa on 27 September, 1994.

NOW THEREFORE the Minister for Social Welfare, in exercise of the powers conferred on him by section 4 (6) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Order:—

1. This Order may be cited as the Social Welfare (Understanding with Québec on Social Security) Order, 1995.

2. The Understanding shall have effect from the 1st day of October, 1994.

3. On and from the 1st day of October, 1994 the Social Welfare Acts and the regulations made under those Acts in so far as they relate to old age (contributory) pension, retirement pension, survivor's (contributory) pension, invalidity pension, orphan's (contributory) allowance, death grant, and the liability of a person employed outside the State to the payment of employment and self-employment contributions, shall be modified to the extent necessary to take account of and to give effect to the provisions of the Understanding.

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

this 8th day of May, 1995.

PRONSIAS DE ROSSA,

Minister for Social Welfare.

EXPLANATORY NOTE.

This Order gives effect to the bilateral Understanding on Social Security made between Ireland and Québec and which shall have effect from 1 October, 1994. The Order provides that the Social Welfare Acts and relevant regulations will be modified to take account of the provisions of the Understanding.

The primary purpose of the Understanding is to allow social insurance contributions paid in Ireland to assist a person to qualify for certain benefits in Québec and for periods of social insurance and/or residence in Québec to count towards satisfying the contribution conditions for certain Irish benefits. In the case of Ireland, the Understanding covers: Old Age (contributory) Pension, Retirement Pension, Survivor's (contributory) Pensions, Invalidity Pension, Orphan's (contributory) Allowance and Death Grant.

The Understanding also deals with the liability, for Irish social insurance contributions (PRSI), of "detached" workers who are seconded to work in Québec for a temporary period by an employer who has business in Ireland. Such workers will continue to remain attached to the Irish PRSI system for periods of absences up to two years.