S.I. No. 231/2001 - Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No.4) (Modified Social Insurance) Regulations, 2001


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 of the Social Welfare Act, 2000 (No. 4 of 2000)) and 11 (as amended by section 28 of the Social Welfare Act, 2001 (No. 5 of 2001)) of the Social Welfare (Consolidation) Act, 1993 (No.27 of 1993), hereby makes the following Regulations:-

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Contributions and Insurability) (Amendment)(No.4) (Modified Social Insurance) Regulations, 2001.

(2) These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2001 shall be construed together as one and may be cited as the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2001.

Retention of modified status.

2. The Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 ) are amended by -

(a) the insertion in article 83 after sub-article (1) of the following sub-article:

“(1A) (a)          In the case of persons mentioned in paragraph (b), for the purposes of paragraph (aaa) of section 11(1), the first mentioned employment is Eircom Plc and the second mentioned employment is Eircell 2000 Plc.

(b)       Paragraph (a) applies in the case of persons who, on the 5th day of April, 1995 were employed by Eircom Plc and who are now employed by Eircell 2000 Plc and continue to be so employed.”, and

(b)     the substitution in article 83(2) (as amended by article 4(d) of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No.1) (Carer's Benefit) Regulations, 2000 ( S.I. No. 338 of 2000 )) for “specified in sub-article (1)” of “specified in sub-articles (1) and (1A)”.

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GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 16th day of May, 2001.

DERMOT AHERN

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance this 17th day of May, 2001.

CHARLIE MC CREEVY

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

People employed in a permanent and pensionable capacity in the civil service, local and public authorities and other public bodies are liable for a modified rate of social insurance (PRSI) contribution. Modified rates of insurance provide cover for a limited range of benefits i.e. Widow(er)'s and Orphans (Contributory) pensions, Carer's Benefit and Bereavement Grant.

In 1996, the modified rate of social insurance was extended to employees of Bord Telecom Eireann (now Eircom Plc) which, following the formation of a strategic alliance was no longer regarded as a public authority under the Social Welfare code.

These Regulations provide for the continuation of a modified rate of social insurance for persons who, on the 5th April 1995 were employed by Eircom and who, immediately on ceasing to be employed by Eircom become employed by Eircell 2000 Plc under terms and conditions which provide that he or she continues to be employed in a permanent and pensionable capacity and for payment during illness on a basis considered adequate by the Minister.