S.I. No. 76/2001 - Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 1) (Credited Contributions) Regulations, 2001


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 of the Social Welfare Act, 2000 (No. 4 of 2000)) and 27 (as amended by Section 24 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) , hereby makes the following Regulations:-

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 1) (Credited Contributions) Regulations, 2001.

(2) These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2001 shall be construed together as one and may be cited as the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2001.

Commencement.

2. These Regulations shall come into operation on the 8th day of March, 2001.

Credited contributions.

3. The Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 )) are amended by the insertion after article 63A (inserted by article 2 (b) of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 4) Regulations, 1998 ( S.I. No. 569 of 1998 )) of the following article:

“Credits on cessation of a period of additional maternity leave.

63B. (1) Employment contributions shall be credited to an insured person in respect of each contribution week during which she avails of additional maternity leave under section 14 of Part II of the Maternity Protection Act, 1994 (No. 34 of 1994).

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

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GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 7th day of March, 2001.

DERMOT AHERN

Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE

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

Social Welfare legislation currently provides that employment contributions will be credited to insured persons in certain circumstances, including persons in receipt of Maternity Benefit. These Regulations provide that employment contributions will also be credited to insured persons who avail of additional unpaid maternity leave, under the terms of the Maternity Protection Act, 1994 .