S.I. No. 48/1936 - The Widows' and Orphans' Pensions Act, 1935.


STATUTORY RULES AND ORDERS. 1936. No. 48.

THE WIDOWS' AND ORPHANS' PENSIONS ACT, 1935.

THE WIDOWS' AND ORPHANS' PENSIONS (COLLECTION OF CONTRIBUTIONS FOR EXCEPTED PERSONS) REGULATIONS, 1936.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by sub-section (1) of Section 39 and paragraph (i) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , does by this his Order make the following regulations.

1. These Regulations may be cited for all purposes as the Widows' and Orphans' Pensions (Collection of Contributions for Excepted Persons) Regulations, 1936.

2. The Interpretation Act, 1923 , shall apply to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereinafter respectively assigned to them.

" the Act " means the Widows' and Orphans' Pensions Act 1935 ;

" the Minister " means the Minister for Local Government and Public Health ;

" excepted person " means a person employed in an excepted employment in respect of which contributions are payable under the Act ;

" the Unified Society " means Cumann an ?rachais Náisiúnta ar Shláinte ;

" the principal Regulations " means the National Health Insurance (Collection of Contributions) Consolidated Regulations (Ireland) 1918 to 1929 ;

" National Health Insurance Acts " mean the National Health Insurance Acts, 1911 to 1934, as amended by the Act or any subsequent enactment ;

" half-year " means the period (corresponding as nearly as may be to six months) in respect of which contribution cards are issued under the principal Regualtions ;

" first half-year " means the half-year commencing on 6th January, 1936.

4. The provisions of the National Health Insurance Acts and of the principal Regulations relating to the payment and collection of contributions shall, in their application to excepted persons under the Act, have effect, subject to the following modifications and adaptations, that is to say :—

(i) the said provisions shall apply to excepted persons in like manner as if they were employed contributors and members of the Unified Society ;

(ii) such of the said provisions as relate to cards, stamps, record cards and benefit records shall not apply.

(iii) (a) Where an employer has deposited with the Minister a sum representing as nearly as may be the total amount of the contributions under the Act payable for 13 weeks in respect of the excepted persons in his employment, the employer shall pay contributions half-yearly as hereinafter provided ;

(b) Where no such deposit has been made the employer shall, within four days after the end of each contribution week (other than the last contribution week) in each half-year, pay to the Minister a sum equal to the amount of the contributions under the Act which would have been payable during the week in respect of the excepted persons in his employment, if the provisions of the principal Regulations relating to the time of the payment of contributions had been applicable and such payments shall be treated as payments on account of the total sum payable by the employer for the half-year in respect of contributions under the Act.

(iv) (a) Within ten days after the beginning of the first half-year or within 10 days after any later date on which contributions under the Act first become payable in respect of excepted persons in his employment the employer shall send to the Minister a return setting forth fully and correctly the names and such other particulars as the Minister may determine of the excepted persons in his employment at the beginning of the first half-year or such later date on which contributions under the Act first become payable in respect of excepted persons in his employment.

(b) Within twenty-one days after the end of each half-year an employer shall send to the Minister—

(i) returns showing the names of the excepted persons who have entered excepted employment during the half-year and the number of contributions payable in respect of each such person and such other particulars regarding such persons as the Minister may determine ;

(ii) returns showing the names of the excepted persons (other than those referred to in (b) (i)) who have left excepted employment during the half-year or in respect of whom less than a complete half-year's contributions are payable, and the number of contributions payable in respect of each such person and such other particulars in respect of such persons as the Minister may determine ;

(iii) such other returns as the Minister may determine.

(v) Within 21 days after the end of each half-year the employer shall pay to the Minister the amount of the contributions payable in respect of the excepted persons for the half-year less the amount of any payments on account thereof made under paragraph (iii) (b) of this Article.

(vi) The returns under this Article shall be in such form as the Minister may require, and shall be signed by a responsible officer of the employer.

(vii) The provisions of sub-section (2) of Section 4 of the National Insurance Act, 1911, as amended by subsection (1) of Section 34 of the National Insurance Act, 1913, relating to the recovery by employers of amounts paid on behalf of employed contributors shall apply as if the contributions had been paid at the time when they would have been payable under the principal Regulations.

5. Where a contribution is payable by an excepted person it shall be paid to the Minister in such manner as he may determine.

6. The Minister may, if in the case of any particular employer he thinks fit, and subject to such terms and conditions as he may impose, approve any other arrangements for the payment of contributions in respect of excepted persons, and such arrangements shall have effect as if they were incorporated in and formed part of these Regulations.

7. Every employer shall, on demand, furnish to the Minister such particulars, relating to the periods of employment or of sickness or to the number of contributions paid by or in respect of any such person who is or has been an excepted person in his employment, as the Minister may require for the purposes of the Act.

8. Every employer shall keep a register or other record of excepted persons in his employment and shall, when required by any officer appointed under the National Health Insurance Acts, produce the register or record to the officer.

Given under the Official Seal of the Minister for Local Government and Public Health, this 14th day of February, one thousand, nine hundred and thirty-six.

SE?N T. Ó CEALLAIGH,

Minister for Local Government and Public Health.