S.I. No. 7/1981 - Social Welfare (Contributions) (Transitional) (Amendment) Regulations, 1981.


S.I. No. 7 of 1981.

SOCIAL WELFARE (CONTRIBUTIONS) (TRANSITIONAL) (AMENDMENT) REGULATIONS, 1981.

The Minister for Social Welfare, in exercise of the powers conferred on him by virtue of section 3 of the Social Welfare Act, 1952 (No. 11 of 1952 ) and by section 20 of the Social Welfare (Amendment) Act, 1978 (No. 25 of 1978), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Contributions) (Transitional) (Amendment) Regulations, 1981.

2. These Regulations shall be construed as one with the Social Welfare (Contributions) (Transitional) Regulations, 1979 and 1980, and shall be included in the collective citation, the Social Welfare (Contributions) (Transitional) Regulations, 1979 to 1981.

3. In these Regulations—

"the Fourth Schedule" means the Fourth Schedule to the Social Welfare Act, 1952 ;

"the Regulations of 1954" means the Social Welfare (Treatment Benefit) Regulations, 1954 ( S.I. No. 156 of 1954 );

"contribution year" has the meaning assigned to it in section 4 of the Social Welfare (Amendment) Act, 1978 (No. 25 of 1978);

"the last complete contribution period" means—

( a ) in respect of the insurance of a male insured person, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979, and

( b ) in respect of the insurance of a female insured person, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979.

4. (1) In the application of the contribution conditions contained in paragraphs 1(b), 3(a)(ii) and 7(b) of the Fourth Schedule to a claim for disability benefit, unemployment benefit, maternity benefit or death grant, the last complete contribution year referred to in those conditions shall be taken to be the last complete contribution period where the day for which benefit is claimed or the relevant time or date occurs during the period commencing on the 5th day of January, 1981 and ending on the 3rd day of January, 1982, and the claimant does not qualify for benefit on the basis of his record of employment contributions and credited contributions in the last complete contribution year.

(2) In the application of the contribution condition contained in Article 10(2)(b) of the Regulations of 1954 to a claim for treatment benefit, the relevant contribution year for the purposes of that condition shall be taken to be the last complete contribution period where the date on which benefit is claimed occurs during the period commencing on the 5th day of January, 1981 and ending on the 3rd day of January, 1982, and the claimant does not qualify for benefit on the basis of his record of employment contributions and credited contributions in the last complete contribution year.

5. In respect of the insurance of a female insured person, every three contributions paid, treated as paid or credited in the last complete contribution period shall be reckoned respectively as four contributions paid, treated as paid or credited, any remaining such contribution or two such contributions being reckoned respectively as two or three such contributions.

GIVEN under the Official Seal of the Minister for Social Welfare this 5th day of January 1981.

MICHAEL WOODS,

Minister for Social Welfare

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 5th day of January 1981.

GENE FITZGERALD,

Minister for Finance

EXPLANATORY NOTE.

The Regulations provide for the contribution years immediately preceding the 1979/80 contribution year to be used in the determination of the contribution conditions for disability benefit, unemployment benefit, maternity benefit, treatment benefit and death grant during the benefit year from the 5th January, 1981 to the 3rd January, 1982 where the claimant does not qualify for any of these benefits on the basis of his record of employment contributions and credited contributions in the 1979/80 contribution year.