S.I. No. 370/1991 - Social Welfare (Contributions) (Amendment) Regulations, 1991.


S.I. No. 370 of 1991.

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1991.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3,7 and 14 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:—

1 Short title and collective citation.

1. (1) These Regulations may be cited as the Social Welfare (Contributions) (Amendment) Regulations, 1991.

(2) These Regulations and the Social Welfare (Contributions) Regulations, 1953 to 1990 shall be construed together as one and may be cited together as the Social Welfare (Contributions) Regulations, 1953 to 1991.

2 Interpretation.

2. In these Regulations—

"the Principal Regulations" means the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 );

"the Regulations of 1979" means the Social Welfare (Contributions) (Amendment) Regulations, 1979 ( S.I. No. 135 of 1979 );

"the Regulations of 1991" means the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ).

3 Commencement.

3. These Regulations shall come into operation—

(a) on the 28th day of November, 1991, as respects retirement pension, and

(b) on the 29th day of November, 1991, as respects old age (contributory) pension.

4 Amendment of article 4 of Principal Regulations.

4. Article 4 of the Principal Regulations is hereby amended by the substitution for sub-article (2) (inserted by article 5 of the Regulations of 1979) of the following sub-article—

"(2) Subject to articles 7 and 10 of the Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991, an employment contribution credited under this article to an insured person in respect of whom the last previous contribution payable was—

(a) an employment contribution at the rate specified in article 5 (2) (a), 6 (2) (a) or 7 (2) (a) of the Regulations of 1991, or

(b) a voluntary contribution at the rate specified in section 11 (1) (b) (i) of the Social Welfare (Consolidation) Act, 1991,

shall be reckoned only for the purposes of—

(i) article 5 of these Regulations in relation to widow's (contributory) pension and deserted wife's benefit, and

(ii) satisfying the contribution conditions for widow's (contributory) pension and deserted wife's benefit.".

5 Amendment of article 5 of Principal Regulations.

5. Article 5 of the Principal Regulations is hereby amended by the substitution for sub-article (2) (inserted by article 6 of the Regulations of 1979) of the following sub-article—

"(2) Subject to articles 7 and 10 of the Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991, employment contributions, at the rate specified in article 5 (2) (a), 6 (2) (a) or 7 (2) (a) of the Regulations of 1991, paid in respect of an insured person shall not be taken into account for the purposes of this article, except in relation to widow's (contributory) pension and deserted wife's benefit.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 28th day of November, 1991.

BRENDAN DALY,

Minister for Social Welfare.

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

GIVEN under the Official Seal of the Minister for Finance this

28th day of November, 1991.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Regulation amends the Social Welfare (Contributions) Regulations to allow credited contributions at the modified rate to be taken into account for the purposes of calculating the pro-rata mixed insurance pensions.