S.I. No. 86/1979:

SOCIAL WELFARE (CONTRIBUTIONS) (TRANSITIONAL) REGULATIONS, 1979.

SOCIAL WELFARE (CONTRIBUTIONS) (TRANSITIONAL) REGULATIONS, 1979.

The Minister for Social Welfare, in exercise of the powers conferred on him by virtue of sections 3 and 7 of the Social Welfare Act, 1952 (No. 11 of 1952 ) and by section 52 of that Act (as substituted by the Social Welfare (No. 2) Act, 1976 (No. 28 of 1976)) and by section 20 of the Social Welfare (Amendment) Act, 1978 (No. 25 of 1978), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Contributions) (Transitional) Regulations, 1979.

2. In these Regulations--

"the Act of 1952" means the Social Welfare Act, 1952 ;

"the Acts" means the Social Welfare Acts, 1952 to 1978;

"the Fourth Schedule" means the Fourth Schedule to the Act of 1952;

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

"the Regulations of 1954" means the Social Welfare (Treatment Benefit) Regulations, 1954 ( S.I. No. 156 of 1954 );

"the Regulations of 1967" means the Social Welfare (Collection of Contributions) Regulations, 1967 ( S.I. No. 90 of 1967 );

"the Regulations of 1970" means the Social Welfare (Contributions) (Amendment) Regulations, 1970 ( S.I. No. 222 of 1970 );

"local office" has the meaning assigned to it in article 2 of the Regulations of 1967;

"reckonable earnings" has the meaning assigned to it in section 2 (1) of the Act of 1952 (as amended by section 4 of the Social Welfare (Amendment) Act, 1978 ).

3. For the purposes of the Acts the period of four days which begins on the 2nd day of April, 1979 and ends on the 5th day of April, 1979 shall be a contribution week.

4. (1) Notwithstanding the provisions of articles 7(6) and 10(2) (c) of the Regulations of 1967, an employer who, immediately before the 6th day of April, 1979, is responsible for the custody of an insurance card or an emergency card by virtue of the provisions of those Regulations shall, within six days after that day or such longer period as the Minister may in a particular case allow, return such card to a local office by hand or by registered post with a statement in duplicate setting out the name and the insurance number of the employed contributor to whom the card refers.

(2) Notwithstanding the provisions of article 20(e) (ii) of the Regulations of 1967, a voluntary contributor shall, within six days after the 6th day of April, 1979 or such longer period as the Minister may in a particular case allow, surrender his insurance card to a local office or in such other manner as the Minister may direct.

5. (1) Subject to sub-article (2) of this article, where a payment of reckonable earnings is made on or after the 6th day of April, 1979 in respect of any period of employment before that day an employment contribution in accordance with the provisions of the Acts effective before that day shall not be payable in respect of any part of the period of employment covered by that payment of reckonable earnings.

(2) Sub-article (1) of this article shall not affect the liability for employment contributions under the provisions of the Acts effective before the 6th day of April, 1979 in respect of any period of employment where

( a ) the payment of reckonable earnings referred to in sub-article (1) of this article is additional to a payment of earnings made before that day, and

( b ) such contributions were required to be paid before that day in respect of that period of employment.

6. Where but for the provisions of sub-article (1) of article 5 of these regulations an employment contribution would have been payable, an employment contribution at the appropriate rate shall be treated as having been paid by or on behalf of the employed contributor for each contribution week within the period of employment for which the payment of reckonable earnings was made but not more than one such contribution shall be treated as having been paid in respect of any one contribution week.

7. A person who contravenes or fails to comply with the provisions of article 4 of these regulations shall be guilty of an offence and shall be liable at the discretion of the court on summary conviction of such offence to a fine not exceeding £500 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.

8. (1) In the application of the contribution condition contained in paragraph 1(b) of the Fourth Schedule to a claim for disability benefit or unemployment benefit by a male insured person, the last complete contribution year referred to in that condition shall be taken to be--

( a ) where the day for which benefit is claimed occurs during the period commencing on the 6th day of April, 1979 and ending on the 3rd day of June, 1979, the period commencing on the 3rd day of January, 1977 and ending on the 1st day of January, 1978,

( b ) where the day for which benefit is claimed occurs during the period commencing on the 4th day of June, 1979 and ending on the 1st day of June, 1980, the period commencing on the 2nd day of January, 1978 and ending on the 31st day of December, 1978, and

( c ) where the day for which benefit is claimed occurs during the period commencing on the 2nd day of June, 1980 and ending on the 4th day of January, 1981, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979.

(2) In the application of the contribution condition contained in paragraph 3 (a) (ii) of the Fourth Schedule to a claim for maternity grant in respect of the insurance of a male insured person,

( a ) the last complete contribution year referred to in that condition shall be taken to be--

(i) where the relevant time occurs during the period commencing on the 6th day of April, 1979 and ending on the 3rd day of June, 1979, the period commencing on the 3rd day of January, 1977 and ending on the 1st day of January, 1978,

(ii) where the relevant time occurs during the period commencing on the 4th day of June, 1979 and ending on the 1st day of June, 1980, the period commencing on the 2nd day of January, 1978 and ending on the 31st day of December, 1978, and

(iii) where the relevant time occurs during the period commencing on the 2nd day of June, 1980 and ending on the 4th day of January, 1981, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979, and

( b ) a subsequent complete contribution year referred to in that condition shall be taken to be--

(i) where the relevant time occurs during the period commencing on the 6th day of April, 1979 and ending on the 3rd day of June, 1979, the period commencing on the 2nd day of January, 1978 and ending on the 31st day of December, 1978,

(ii) where the relevant time occurs during the period commencing on the 7th day of January, 1980 and ending on the 5th day of April, 1980, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979, and

(iii) where the relevant time occurs during the period commencing on the 6th day of April, 1980 and ending on the 4th day of January, 1981, the period commencing on the 6th day of April, 1979 and ending on the 5th day of April, 1980.

(3) In the application of the contribution condition contained in article 10(2) (b) of the Regulations of 1954 to a claim for treatment benefit by a male insured person, the relevant contribution year for the purposes of that condition shall be taken to be--

( a ) where the claimant is not over pensionable age and the date on which benefit is claimed occurs--

(i) during the period commencing on the 6th day of April, 1979 and ending on the 3rd day of June, 1979, the period commencing on the 3rd day of January, 1977 and ending on the 1st day of January, 1978,

(ii) during the period commencing on the 4th day of June, 1979 and ending on the 1st day of June, 1980, the period commencing on the 2nd day of January, 1978 and ending on the 31st day of December, 1978, and

(iii) during the period commencing on the 2nd day of June, 1980 and ending on the 4th day of January, 1981, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979, and

( b ) where the claimant is over pensionable age and the date on which he attained pensionable age occurs--

(i) during the period commencing on the 6th day of April, 1979 and ending on the 6th day of January, 1980, either the period commencing on the 3rd day of January, 1977 and ending on the 1st day of January, 1978 or the period commencing on the 2nd day of January, 1978 and ending on the 31st day of December, 1978,

(ii) during the period commencing on the 7th day of January, 1980 and ending on the 5th day of April, 1980, either the period commencing on the 3rd day of January, 1977 and ending on the 1st day of January, 1978 or the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979, and

(iii) during the period commencing on the 6th day of April, 1980 and ending on the 5th day of April, 1981, either the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979 or the period commencing on the 6th day of April, 1979 and ending on the 5th day of April, 1980.

(4) In the application of the contribution condition contained in paragraph 7(b) of the Fourth Schedule to a claim for death grant by, or in respect of the insurance of, a male insured person,

( a ) the last complete contribution year referred to in that condition shall be taken to be--

(i) where the relevant date occurs during the period commencing on the 6th day of April, 1979 and ending on the 3rd day of June, 1979, the period commencing on the 3rd day of January, 1977 and ending on the 1st day of January, 1978,

(ii) where the relevant date occurs during the period commencing on the 4th day of June, 1979 and ending on the 1st day of June, 1980, the period commencing on the 2nd day of January, 1978 and ending on the 31st day of December, 1978, and

(iii) where the relevant date occurs during the period commencing on the 2nd day of June, 1980 and ending on the 4th day of January, 1981, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979, and

( b ) where the relevant date occurs on or after the 2nd day of June, 1980, for the purpose of determining the average per contribution year of contributions paid in respect of or credited to the relevant insured person referred to in that condition, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979 shall be deemed to be a contribution year.

9. (1) In the application of the contribution condition contained in paragraph 1 (b) of the Fourth Schedule to a claim for disability benefit or unemployment benefit by a female insured person, the last complete contribution year referred to in that condition shall be taken to be--

( a ) where the day for which benefit is claimed occurs during the period commencing on the 6th day of April, 1979 and ending on the 2nd day of December, 1979, the period commencing on the 4th day of July, 1977 and ending on the 2nd day of July, 1978, and

( b ) where the day for which benefit is claimed occurs during the period commencing on the 3rd day of December, 1979 and ending on the 4th day of January, 1981, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979.

(2) In the application of the contribution condition contained in paragraph 3 (a) (ii) of the Fourth Schedule to a claim for maternity grant in respect of the insurance of a female insured person and in the application of the contribution condition contained in paragraph 3(b) (ii) of that Schedule to a claim for maternity allowance,

( a ) the last complete contribution year referred to in those conditions shall be taken to be--

(i) where the relevant time occurs during the period commencing on the 6th day of April, 1979 and ending on the 2nd day of December, 1979, the period commencing on the 4th day of July, 1977 and ending on the 2nd day of July, 1978, and

(ii) where the relevant time occurs during the period commencing on the 3rd day of December, 1979 and ending on the 4th day of January, 1981, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979, and

( b ) a subsequent complete contribution year referred to in those conditions shall be taken to be--

(i) where the relevant time occurs during the period commencing on the 6th day of April, 1979 and ending on the 2nd day of December, 1979, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979, and

(ii) where the relevant time occurs during the period commencing on the 6th day of April, 1980 and ending on the 4th day of January, 1981, the period commencing on the 6th day of April, 1979 and ending on the 5th day of April, 1980.

(3) In the application of the contribution condition contained in article 10(2) (b) of the Regulations of 1954 to a claim for treatment benefit by a female insured person, the relevant contribution year for the purposes of that condition shall be taken to be--

( a ) where the claimant is not over pensionable age and the date on which benefit is claimed occurs--

(i) during the period commencing on the 6th day of April, 1979 and ending on the 2nd day of December, 1979, the period commencing on the 4th day of July, 1977 and ending on the 2nd day of July, 1978, and

(ii) during the period commencing on the 3rd day of December, 1979 and ending on the 4th day of January, 1981, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979, and

( b ) where the claimant is over pensionable age and the date on which she attained pensionable age occurs--

(i) during the period commencing on the 6th day of April, 1979 and ending on the 1st day of July, 1979, either the period commencing on the 5th day of July, 1976 and ending on the 3rd day of July, 1977 or the period commencing on the 4th day of July, 1977 and ending on the 2nd day of July, 1978,

(ii) during the period commencing on the 2nd day of July, 1979 and ending on the 5th day of April, 1980, either the period commencing on the 4th day of July, 1977 and ending on the 2nd day of July, 1978 or the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979, and

(iii) during the period commencing on the 6th day of April, 1980 and ending on the 5th day of April, 1981, either the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979 or the period commencing on the 6th day of April, 1979 and ending on the 5th day of April, 1980.

(4) In the application of the contribution condition contained in paragraph 7(b) of the Fourth Schedule to a claim for death grant by, or in respect of the insurance of, a female insured person,

( a ) the last complete contribution year referred to in that condition shall be taken to be--

(i) where the relevant date occurs during the period commencing on the 6th day of April, 1979 and ending on the 2nd day of December, 1979, the period commencing on the 4th day of July, 1977 and ending on the 2nd day of July, 1978, and

(ii) where the relevant date occurs during the period commencing on the 3rd day of December, 1979 and ending on the 4th day of January, 1981, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979, and

( b ) where the relevant date occurs on or after the 3rd day of December, 1979, for the purposes of determining the average per contribution year of contributions paid in respect of or credited to the relevant insured person referred to in that condition, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979 shall be deemed to be a contribution year.

(5) For the purposes of satisfying a contribution condition referred to in this article, every three contributions paid, treated as paid or credited in respect of the period from the 3rd day of July, 1978 up to and including the 5th day of April, 1979 shall be reckoned respectively as four contributions paid, treated as paid or credited, any remaining such contribution or two such contributions being reckoned respectively as two or three such contributions.

10. (1) In this article--

"the relevant day" means--

( a ) in relation to a claim for widow's (contributory) pension, the relevant time referred to in paragraph 4 of the Fourth Schedule,

( b ) in relation to a claim for old age (contributory) pension, the date the claimant attains pensionable age,

( c ) in relation to a claim for invalidity pension, the relevant date referred to in paragraph 8 of the Fourth Schedule,

( d ) in relation to a claim for retirement pension, the date the claimant attains the age of sixty-five years, and

( e ) in relation to a claim for deserted wife's benefit, the relevant time referred to in paragraph 10 of the Fourth Schedule;

"appropriate contribution condition" means a contribution condition specified in paragraph 4(b), paragraph 6(c), paragraph 8(b), paragraph 9(c) (ii) or paragraph 10(b) of the Fourth Schedule relating to the pension or benefit in question.

(2) Where the relevant day occurs--

( a ) in the period commencing on the 6th day of April, 1979 and ending on the 1st day of July, 1979, where the claim is in respect of the insurance of a female insured person, and

( b ) in the period commencing on the 6th day of April, 1979 and ending on the 6th day of January, 1980, where the claim is in respect of the insurance of a male insured person,

the appropriate contribution condition shall be applied in accordance with the provisions of the Acts effective before the 6th day of April, 1979.

(3) Where the relevant day occurs on or after the 2nd day of July, 1979, where the claim is in respect of the insurance of a female insured person, in applying the appropriate contribution condition the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year and every three contributions paid, treated as paid or credited in that period shall be reckoned respectively as four contributions paid, treated as paid or credited, any remaining such contribution or two such contributions being reckoned respectively as two or three such contributions.

(4) Where the relevant day occurs on or after the 7th day of January, 1980, where the claim is in respect of the insurance of a male insured person, in applying the appropriate contribution condition the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year.

11. (1) In the application of section 5 of the Social Welfare (Miscellaneous Provisions) Act, 1967 (No. 18 of 1967) and article 7( b ) of the Social Welfare (Disability, Unemployment and Marriage Benefit) Regulations, 1953 ( S.I. No. 7 of 1953 ) (as substituted by article 3 of the Social Welfare (Disability, Unemployment and Marriage Benefit) (Amendment) (No. 2) Regulations, 1965 ( S.I. No. 52 of 1965 )) in relation to a claim for unemployment benefit for a day on or after the 6th day of April, 1979,

( a ) in respect of the insurance of a male insured person, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year, and

( b ) in respect of the insurance of a female insured person, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year and every three contributions paid or treated as paid in that period shall be reckoned respectively as four contributions paid or treated as paid, any remaining such contribution or two such contributions being reckoned respectively as two or three such contributions.

(2) In the application of the Social Welfare (Contributions) Regulations, 1953 to 1978, in relation to section 7 (b) (ii) of the Act of 1952,

( a ) in respect of the entry into insurance of a male insured person on or after the 6th day of April, 1979, the period commencing on the 2nd day of January, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year, and

( b ) in respect of the entry into insurance of a female insured person on or after the 6th day of April, 1979, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year and every three contributions credited in that period shall be reckoned as four contributions credited, any remaining such contribution or two such contributions being reckoned respectively as two or three credited contributions.

(3) In the application of article 5(1) of the Regulations of 1953, article 5(4) of those regulations (as inserted by article 5 of the Regulations of 1970) and article 4(2) of the Social Welfare (Contributions) (Amendment) (No. 3) Regulations, 1972 ( S.I. No. 344 of 1972 ),

( a ) in respect of the insurance of a male insured person, the period commencing on the 1st day of January, 1979 and ending on the 5th day of April, 1980 shall be treated as a contribution year, and

( b ) in respect of the insurance of a female insured person, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1980 shall be treated as a contribution year.

(4) In the application of paragraph (a) of article 9 of the Regulations of 1953, the date before which notice of incapacity for work and any evidence required in relation thereto shall be furnished shall be--

( a ) in the case of a male insured person,

(i) the 2nd day of June, 1980 where the week in question referred to in that paragraph falls in the period commencing on the 1st day of January, 1979 and ending on the 5th day of April, 1979, and

(ii) the 5th day of January, 1981, where the week in question referred to in that paragraph falls in the period commencing on the 6th day of April, 1979 and ending on the 5th day of April, 1980, and

( b ) in the case of a female insured person,

(i) the 3rd day of December, 1979 where the week in question referred to in that paragraph falls in the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979, and

(ii) the 5th day of January, 1981 where the week in question referred to in that paragraph falls in the period commencing on the 6th day of April, 1979 and ending on the 5th day of April, 1980.

(5) In the application of article 14(6) (b) of the Regulations of 1953, articles 14(6) (A) (b) and 14(6) (B) (b) of those regulations (as inserted by article 11 of the Regulations of 1970) and article 4(2) of the Social Welfare (Voluntary Contributors) Regulations, 1953 ( S.I. No. 13 of 1953 )--

( a ) in respect of the insurance of a male insured person, the period commencing on the 1st day of January, 1979 and ending on the 5th day of April, 1979 shall be treated as a contribution year, and

( b ) in respect of the insurance of a female insured person, the period commencing on the 3rd day of July, 1978 and ending on the 5th day of April, 1979 shall be treated as a contribution year.

GIVEN under the Official Seal of the Minister for Social Welfare this 22nd

day of March, 1979.

CHARLES J. HAUGHEY,

Minister for Social Welfare.

The Minister for Finance hereby sanctions the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 22nd

day of March, 1979.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare (Amendment) Act, 1978 provides for a system of fully pay-related social insurance and occupational injuries insurance contributions. This system will come into effect from 6th April, 1979. These Regulations contain provisions necessary to secure the continuity of the new contribution system with the existing flat-rate contribution arrangements.

The Regulations provide that the four-day period immediately preceding 6th April, 1979, shall be treated as a contribution week and that social insurance and emergency cards issued in relation to the flat-rate contribution system shall be returned to a local office within a specified period after that date. The Regulations also remove in certain circumstances the obligation to pay flat-rate contributions for periods before the 6th April, 1979 in respect of which reckonable earnings are paid, and the new contribution levied, on or after that date, and for the treatment of such periods as periods for which contributions have been paid.

The Regulations also provide for special contribution years to be used in the determination of the contribution conditions for benefit and other purposes during a transitional period.