Social Welfare (Miscellaneous Provisions) Act 2004

Employment contributions — amendment.

14.—The Principal Act is amended in section 10 (as amended by section 17 of the Social Welfare (Miscellaneous Provisions) Act 2003 ) by inserting the following after subsection (10):

“(11) Where, for a year of assessment (within the meaning of the Tax Acts), the Revenue Commissioners and an employer enter into an agreement under a specified provision of the Taxes Consolidation Act 1997 whereby the employer will account to the Revenue Commissioners, in accordance with that provision, in respect of the income tax due on qualifying emoluments (within the meaning of that provision) and where that agreement is not null and void, then in respect of those qualifying emoluments—

(a) the employer—

(i) as part of that agreement and in so far as the qualifying emoluments are comprised of reckonable earnings of an employed contributor to which the agreement applies, shall pay a contribution at a rate of 14.05 per cent in respect of the aggregate of the amount of those reckonable earnings and the amount of income tax payable under the agreement in respect of them, and

(ii) notwithstanding the provisions of section 10(4) or Article 7 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996, shall not be entitled to recover from an employed contributor any part of a contribution paid in accordance with subparagraph (i),


(b) a contribution paid in accordance with paragraph (a) (i) shall not be regarded as an employment contribution for the purposes of any benefit specified in section 30(1).

(12) In subsection (11) ‘specified provision’ means such provision as may be prescribed for the purposes of that subsection.”.