S.I. No. 58/1988 - Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1988.

S.I. No. 58 of 1988.

SOCIAL WELFARE (INSURANCE INCLUSIONS AND EXCLUSIONS) REGULATIONS, 1988.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 5 (4) and 5 (5) of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1988.

2. These Regulations shall come into operation on the 6th day of April, 1988.

3. In these Regulations —

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

4. Part II of the First Schedule to the Principal Act is hereby amended by the deletion of paragraphs 6, 7, 8 and 9.

5. Part I of the First Schedule to the Principal Act is hereby amended by the substitution for paragraph 12 of that Part of the following paragraph:—

"12. Employment where the employed person is a person in Holy Orders or other minister of religion or a person living in a religious community as a member thereof.".

6. The Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1985 ( S.I. No. 437 of 1985 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for Social Welfare

this 30th day of March, 1988.

MICHAEL WOODS,

Minister for Social Welfare.

In accordance with section 5 (6) of the Social Welfare (Consolidation) Act, 1981 , a draft, sanctioned by the Minister for Finance, of these Regulations was laid before, and approved by each House of the Oireachtas. The necessary Resolutions were passed by Dáil Éireann on 24th March, 1988, and by Seanad Éireann on 25th March, 1988.

EXPLANATORY NOTE.

Parts I and II of the First Schedule to the Social Welfare (Consolidation) Act, 1981 specify employments which are insurable under the Social Welfare Acts and employments which are excepted from insurability.

As a consequence of the extension of social insurance to the self-employed from 6 April, 1988, certain categories of employed persons who have hitherto been excluded are also being brought into the social insurance system. These Regulations amend the Social Welfare (Consolidation) Act, 1981 by deleting the employments concerned from the list of excepted employments in Part II of the First Schedule to that Act. The categories of employment in question are employment where the employed person is a Minister of Religion or a member of a religious order, employment as a doctor or a dentist and certain employees of local and public authorities, for example, coroners, public analysts, registrars and superintendent registrars of births, deaths and marriages. The deletion of these categories of employment from the list of excepted employments means that such employments will automatically fall into Part I of the First Schedule to the 1981 Act, thereby becoming insurable employments. These employments will henceforth be insurable and the extent of the social insurance cover for the employees concerned will be determined by the nature of their employment.

Employment where the employed person is a Minister of Religion or a member of a religious order is being specifically included as a separate category in the list of insurable employments in Part I of the First Schedule to the Social Welfare (Consolidation) Act, 1981 . This enables the continuation of existing arrangements under which certain Ministers of Religion are insured at a modified rate.