S.I. No. 685/2005 - European Communities (Social Welfare) (Consolidated Contributions and Insurability) (Amendment) (Parental Leave Credited Contributions) Regulations 2005


S.I. No. 685 of 2005 .

EUROPEAN COMMUNITIES (SOCIAL WELFARE) (CONSOLIDATED CONTRIBUTIONS AND INSURABILITY) (AMENDMENT) (PARENTAL LEAVE CREDITED CONTRIBUTIONS) REGULATIONS 2005.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 96/34/EC of 3 June 1996 on the Framework Agreement on Parental Leave insofar as it relates to the maintenance of social security rights acquired or in the process of being acquired by workers on the date he or she commence parental leave, hereby makes the following regulations:

Citation and construction.

1.  (1)  These Regulations may be cited as the European Communities (Social Welfare) (Consolidated Contributions and Insurability) (Amendment) (Parental Leave Credited Contributions) Regulations 2005.

(2)  These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 to 2004 shall be construed together as one and may be cited as the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 to 2005.

Credited contributions.

2.  The Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) are hereby amended by substituting the following for article 63A (as amended by article 2(c) of the Social Welfare (Consolidated Contributions and Insurability) (Contributions Regulations 1999 ( S.I. No. 85 of 1999 ):

Credits on cessation of a period of parental leave.

63A  (1)  Employment contributions shall be credited to an insured person in respect of each contribution week during which he or she avails of parental leave or force majeure leave under Part II of the Parental Leave Act 1998 (No. 30 of 1998).

(2)  Subject to article 85 of these regulations and articles 40 and 49 of the Regulations of 1994, an employment contribution credited to an insured person, by virtue of this article, in respect of whom the last previous contribution payable was—

(a)  a contribution at the rate specified in articles 81(2)(a), 82(2)(a) or 83(2)(a), or

(b)  a voluntary contribution at the rate specified in section 22(1)(b)(i),

shall be reckoned only for the purposes of widow's (contributory) pension or widower's (contributory pension.”.

Revocations.

3.  Article 2(b) of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 4) (Credited Contributions) Regulations 1998 ( S.I. No. 569 of 1998 ) is hereby revoked.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs, this 27th day of October, 2005.

 

SÉAMUS BRENNAN,

Minister for Social and Family Affairs.

EXPLANATORY NOTE

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

These regulations provide that an employment contribution will be credited to an insured person for each week during which he or she avails of parental leave or force majeure leave under the terms of the Parental Leave Act 1998 . These regulations correct a minor technicality in S.I. No. 569 of 1998 which originally provided for same. Credits awarded under the 1998 regulations will not be affected.