BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Irish Statutory Instruments


You are here: BAILII >> Databases >> Irish Statutory Instruments >> Social Welfare (Modifications of Insurance) Regulations, S.I. No. 87/1979
URL: http://www.bailii.org/ie/legis/num_reg/1979/0087.html

[New search] [Help]


S.I. No. 87/1979 -- Social Welfare (Modifications of Insurance) Regulations, 1979.

S.I. No. 87/1979 -- Social Welfare (Modifications of Insurance) Regulations, 1979. 1979 87

S.I. No. 87/1979:

SOCIAL WELFARE (MODIFICATIONS OF INSURANCE) REGULATIONS, 1979.

SOCIAL WELFARE (MODIFICATIONS OF INSURANCE) REGULATIONS, 1979.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3, 12, 13, 31 and 47 (2) (a) of the Social Welfare Act, 1952 (No. 11 of 1952) and by sections 1 (7), 3 (10), 6 , 27 and 28 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), hereby makes the following Regulations:--

PART I GENERAL

Citation and commencement.

1. These Regulations may be cited as the Social Welfare (Modifications of Insurance) Regulations, 1979 and shall come into operation on the 6th day of April, 1979.

Interpretation.

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 Act of 1966" means the Social Welfare (Occupational Injuries) Act, 1966 ;

"the Regulations of 1967" means the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 ( S.I. No. 85 of 1967 );

"prescribed disease" means a disease or injury prescribed for the purposes of section 23 of the Act of 1966;

"the Minister" means the Minister for Social Welfare.

Revocation of earlier regulations.

3. The regulations specified in the Schedule to these Regulations are hereby revoked.

PART II MODIFICATION OF THE PROVISIONS OF THE ACTS IN THEIR APPLICATION TO PERSONS EMPLOYED ON BOARD A SHIP OR AIRCRAFT AND PERSONS EMPLOYED OUTSIDE THE STATE.

4. (1) This article applies to--

( a ) persons in employment under such a contract as is specified in paragraph 1 of Part I of the First Schedule to the Act of 1952 as master or a member of the crew of--

(i) any ship registered in the State, or

(ii) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, and

( b ) persons in the employment specified in section 3 (2) (a) (ii) of the Act of 1966, where such employment is on board a ship.

(2) In this article--

"foreign-going ship" includes--

( a ) every ship or vessel employed in trading or going between some place or places in the State and some place or places situate beyond the following limits, that is to say, the whole island of Ireland, Great Britain, the Channel Islands, the Isle of Man and the Mainland of Europe between the River Elbe and Brest inclusive and

( b ) every fishing vessel proceeding beyond the following limits:--

On the South, Latitude 48° 30'N.;

On the West, Longitude 12° W.;

On the North, Latitude 61° N.;

"home-trade ship" includes--

(i) every ship or vessel employed in trading or going within the following limits, that is to say, the whole island of Ireland, Great Britain, the Channel Islands, the Isle of Man and the mainland of Europe between the River Elbe and Brest inclusive and

(ii) every fishing vessel not proceeding beyond the following limits:--

On the South, Latitude 48° 30' N.;

On the West, Longitude 12° W.;

On the North, Latitude 61° N.;

"ship engaged in regular trade on foreign stations" means a ship or vessel, other than a home-trade ship, engaged regularly in trade between ports outside the State when trading between such ports or when in a port in the State for the purpose of survey or repair;

"vessel" and "ship" have the same meanings as are assigned to them in the Merchant Shipping Acts, 1894 to 1968.

(3) The provisions of the Acts shall be modified in the following manner:--

( a ) Where a person to whom this article applies by virtue of sub-article (1) (a) of this article is either domiciled or has a place of residence in the State and is employed during any period on a foreign-going ship or a ship engaged in regular trade on foreign stations:--

(i) The percentage rate of the employer's contribution payable under section 6 (1) (b) (ii) of the Act of 1952 while that person is so employed shall be reduced by 0.1.

(ii) Where in any contribution year employment contributions have been paid by or in respect of any person while so employed, excluding any contribution paid in respect of a person who is an employed contributor by virtue only of section 36 (1) of the Act of 1966, every four contribution weeks for which employment contributions have been paid or would have been paid but for section 6 (1) (c) of the Act of 1952 shall be treated as five such weeks for the purposes of determining whether the contribution conditions for benefit are satisfied as respects the number of contribution weeks for which employment contributions were paid or credited or would have been paid but for section 6 (1) (c) of the Act of 1952 for a contribution year.

( b ) (i) Where the owner of a ship or vessel is, under the Merchant Shipping Acts, 1894 to 1968, or otherwise, liable in respect of any person to whom this article applies who is suffering from any disease or disablement to defray the expense of the necessary surgical and medical advice and attendance and medicine and of his maintenance for any period but is not liable for part of such period to pay wages to such person, then such person shall not be disqualified by reason of absence from the State for receiving disability benefit in respect of such part of such period;

(ii) Payment of the benefit specified in the preceding subparagraph shall not be made until such person returns to the State unless he nominates his wife or some other person to receive payment on his behalf, but where such nomination is not made payment may be made for such period to such other person as the Minister thinks fit.

( c ) The master of every ship or vessel shall comply with all orders or directions given to him by the owner or managing owner or manager of the ship or vessel with a view to the carrying into effect of the provisions of or made under the Acts.

( d ) Where a person to whom this article applies is, on account of his being at sea or outside the State by reason of his employment, unable to perform an act required to be done either forthwith or on the happening of a certain event or within a specified time, he shall be deemed to have complied therewith if he performs the act as soon as is reasonably practicable although after the happening of the event or the expiration of the specified time.

( e ) Occupational injuries benefit shall be payable in respect of an accident arising out of and in the course of, or a prescribed disease due to the nature of, the insurable (occupational injuries) employment of a person to whom this article applies notwithstanding that the accident happens or the disease is contracted while such person is outside the State.

( f ) The provisions of the Act of 1966 shall, with respect to a person specified in sub-article (1) (a) of this article, have effect subject to the following modifications:--

(i) Where such person, having been left at a port, which is not a proper return port within the meaning of section 45 of the Merchant Shipping Act, 1906, on account of illness, injury, risk of infection or loss of or damage to the ship or vessel in which he was employed, subsequently returns to a proper return port at the expense of the employer in whose service he was up to the time of being so left, an accident happening to him while so returning shall, notwithstanding that during that time he renders no services and receives no wages, be deemed to arise out of and in the course of his employment as such person if it would have been deemed so to have arisen had the return journey been undertaken in pursuance of an obligation under his contract of service with the employer aforesaid.

(ii) In section 4 (4) the expression "place of work" shall include the ship or vessel in the service of which such person is employed.

(iii) Section 4 (4) (b) shall not apply in the case of such person who, with the express or implied permission of his employer, is travelling to or from such ship or vessel as aforesaid in any other ship or vessel.

(iv) In addition to the provisions of section 4 (5), an accident happening to such person in or about a ship or vessel on board which he is for the time being employed shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps in an actual or supposed emergency on or in connection with any ship or vessel to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

(v) Where the owner of a ship or vessel is, under the Merchant Shipping Acts, 1894 to 1968, or otherwise, liable in respect of such person who is suffering from any disease or disablement to defray the expense of the necessary surgical and medical advice and attendance and medicine and of his maintenance for any period but is not liable for part of such period to pay wages to such person, then such person shall not be disqualified by reason of absence from the State for receiving injury benefit in respect of such part of such period.

( g ) A person to whom this article applies by virtue of sub-article (1) (b) of this article shall not be disqualified for receiving injury benefit by reason of absence from the State.

( h ) A person to whom this article applies shall not be disqualified for receiving disablement benefit (other than any increase of that benefit) by reason of absence from the State.

( i ) Payment of injury benefit or of disablement benefit to a person to whom this article applies in respect of an accident happening or a disease contracted while such person is outside the State shall not be made until such person returns to the State unless he nominates his wife or some other person to receive payment on his behalf, but where such nomination is not made payment may be made for such period and to such other person as the Minister thinks fit.

( j ) The requirements of the Regulations of 1967 in relation to section 27 (1) of the Act of 1966 shall be deemed to be satisfied in the case of a person to whom this article applies if notice in accordance with the provisions of such regulations is given to the master of the ship or vessel in which that person is, for the time being, employed, or to any other officer of such ship or vessel with authority to receive such notice.

( k ) As regards any accident reported under the provisions of paragraph (j) of this sub-article, the master of the ship or vessel shall, subject to the provisions of paragraph (m) of this sub-article, comply with the requirements of the Regulations of 1967 in relation to section 28 of the Act of 1966 as to the investigation and recording of the circumstances of such accident.

( l ) The owner or managing owner or manager of any ship or vessel shall comply with the requirements of the Regulations of 1967 in relation to the said section 28 as to the furnishing of information when required to do so by the Minister as to any accident happening or alleged to have happened on board or in the service of such ship or vessel, in respect of which occupational injuries benefit or any payment in respect of the cost of medical care under section 26 of the Act of 1966 may be payable, or as to any occupation prescribed for the purposes of section 23 of that Act in which any person has been engaged on board or in the service of such ship or vessel in respect of which occupational injuries benefit or any payment in respect of the cost of medical care under section 26 of that Act may be payable.

( m ) Any provisions of the Regulations of 1967 in relation to section 28 of the Act of 1966 which require the keeping of a book for the recording of particulars of accidents shall not apply as respects accidents happening to a person while on board or in the service of a ship or vessel.

(4) A person to whom this article applies who is neither domiciled nor resident in the State shall be deemed not to be employed in an employment specified in Part I of the First Schedule to the Act of 1952.

5. An accident happening to an insured person employed as a pilot within the meaning of section 3 (6) of the Act of 1966 shall be treated as arising in the course of his employment if it happens--

( a ) while, with a view to carrying out his duties as such pilot, he is on board or is getting on board or leaving any ship or vessel, or

( b ) while, having left such ship or vessel at a place other than the port from which he normally offers his services as a pilot, he is returning without undue delay to that port.

6. (1) This article applies to--

( a ) persons in employment under such a contract as is specified in paragraph 1 of Part I of the First Schedule to the Act of 1952 as captain or a member of the crew of--

(i) any aircraft registered in the State, or

(ii) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State,

( b ) persons in the employment specified in section 3 (2) (a) (ii) of the Act of 1966 where such employment is on board an aircraft,

( c ) persons temporarily employed outside the State in respect of whom employment contributions are payable under article 13C (inserted by the Social Welfare (Contributions) (Amendment) Regulations, 1961 ( S.I. No. 139 of 1961 )) of the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ), and

( d ) persons in any of the employments specified in paragraphs 3, 5 and 6 of Part I of the First Schedule to the Act of 1952.

(2) Occupational injuries benefit shall be payable in respect of an accident arising out of and in the course of, or a prescribed disease due to the nature of, the insurable (occupational injuries) employment of a person to whom this article applies notwithstanding that the accident happens or the disease is contracted while such person is outside the State except where the person is in the employment specified in paragraph (c) or paragraph (d) of the preceding sub-article and makes a claim for compensation, damages, or payment in the nature of benefit in respect of the accident or disease in another State and is successful in such claim.

(3) The provisions of the Act of 1966 shall, with respect to a person specified in sub-article (1) (a) of this article, have effect subject to the following modifications:--

( a ) Where such person is temporarily prevented by illness, injury, risk of infection or loss of or damage to the aircraft in which he was employed from returning to the State and subsequently returns to the State at the expense of the employer in whose service he was up to the time of being so prevented, an accident happening to him while so returning shall, notwithstanding that during that time he renders no services and receives no wages, be deemed to arise out of and in the course of his employment as such person if it would have been deemed so to have arisen had the return journey been undertaken in pursuance of an obligation under his contract of service with the employer aforesaid.

( b ) Section 4 (4) (b) shall not apply in the case of such person who, with the express or implied permission of his employer, is travelling to or from his place of work in any aircraft.

( c ) In addition to the provisions of section 4 (5), an accident happening to such person while employed as specified in sub-article (1) (a) of this article shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps in an actual or supposed emergency on or in connection with any aircraft to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

(4) ( a ) A person to whom this article applies shall not be disqualified for receiving injury benefit or disablement benefit (other than increase of disablement benefit) by reason of absence from the State.

( b ) Payment of injury benefit or disablement benefit to a person to whom this article applies in respect of an accident happening or a disease contracted while such person is outside the State shall not be made until such person returns to the State unless he nominates his wife or some other person to receive payment on his behalf, but where such nomination is not made payment may be made for such period and to such other person as the Minister thinks fit.

(5) Where a person to whom this article applies is, on account of his being outside the State by reason of his employment, unable to perform an act required to be done either forthwith or on the happening of a certain event or within a specified time, he shall be deemed to have complied therewith if he performs the act as soon as is reasonably practicable although after the happening of the event or the expiration of the specified time.

PART III MODIFICATION OF THE PROVISIONS OF THE ACTS IN THEIR APPLICATION TO CERTAIN EMPLOYEES OF THE GOVERNMENT, THE STATE, AND LOCAL OR OTHER PUBLIC OR STATUTORY AUTHORITIES, TEACHERS, CERTAIN MEMBERS OF THE DEFENCE FORCES AND ARMY NURSING SERVICE AND OTHERS.

7. (1) This article applies to persons in employment in any of the following employments:--

( a ) employment in the civil service of the Government or the civil service of the State in a capacity in respect of which a superannuation allowance may be granted;

( b ) employment as a member of the Permanent Defence Force where the person is an officer holding commissioned rank in the Permanent Defence Force;

( c ) employment under any local or other public authority where the person is pensionable and employed in a permanent capacity and the terms and conditions of his employment provide for payments during illness on a basis which is considered adequate by the Minister;

( d ) employment in a statutory transport undertaking where the person is pensionable and employed in a permanent capacity and the terms and conditions of his employment provide for payments during illness on a basis which is considered adequate by the Minister, save where the person is a person who was employed in such employment immediately before the 3rd day of September, 1956 and for whom ordinary rate employment contributions were payable in respect of such employment;

( e ) pensionable employment as a teacher in a national school;

( f ) pensionable employment as a teacher in a comprehensive or community school established by the Minister for Education;

( g ) pensionable employment as a teacher in a secondary school where the person receives incremental salary in accordance with the rules made by the Minister for Education for the payment by him of such salary to secondary teachers;

( h ) pensionable employment as a teacher in a domestic science training college recognised by the Minister for Education;

( i ) employment as a member (otherwise than as a temporary member) of the Army Nursing Service;

( j ) employment in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits or employment by voluntary organisations which are providing district nursing services where, in either employment, the person employed is a pensionable person for the purposes of the Voluntary Hospitals' Superannuation Scheme, 1969, and is employed in a permanent capacity and the terms and conditions of his employment provide for payments during illness on a basis which is considered adequate by the Minister;

( k ) employment by the Board of Governors of Saint Laurence's Hospital being a voluntary hospital to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits where the person employed is a pensionable person for the purposes of the Saint Laurence's Hospital Superannuation Scheme, 1970, and is employed in a permanent capacity and the terms and conditions of his employment provide for payments during illness on a basis which is considered adequate by the Minister;

( l ) employment as a member of the Garda Síochána;

( m ) pensionable employment on or after 1 April, 1974 as a teacher in a training college recognised by the Minister for Education for teachers in national schools.

(2) The provisions of the Acts shall be modified in the following manner:--

( a ) The employment contribution payable under section 6 (1) of the Act of 1952 shall comprise contributions at the following rates--

(i) a contribution by the employed contributor at the rate of 0.5 per cent and

(ii) a contribution by his employer at the rate of 1.3 per cent.

( b ) Employment contributions paid under paragraph (a) of this sub-article in respect of a person shall be reckoned only in relation to the grant of widow's (contributory) pension, deserted wife's benefit or orphan's (contributory) allowance on the insurance of that person and shall not be reckoned in relation to the grant of any other benefit.

( c ) In the determination of a person's entry into insurance for the purposes of the contribution conditions for death grant and retirement pension, as set out in paragraphs 7 and 9 respectively of the Fourth Schedule to the Act of 1952, entry into insurance and any period of insurance as a person to whom this article applies shall be disregarded.

(3) The provisions of the Acts in their application to persons specified in sub-article (1) (a) of this article shall be modified or further modified as the case may be in the following manner:--

( a ) The rate of employer's contribution payable under section 36 (2) (a) (ii) of the Act of 1966 shall be 0.15 per cent.

( b ) The increase in the employer's contribution payable under section 36 (2) (b) of the Act of 1966 shall be an amount calculated at the rate of 0.15 per cent.

( c ) Where an accident arises out of and in the course of, or a prescribed disease is due to the nature of, such employment, being insurable (occupational injuries) employment, then, in respect of such accident or disease--

(i) injury benefit shall not be payable;

(ii) disablement benefit shall not be payable in respect of the first twenty-six weeks following the date of such accident or the date of development of such disease, and shall, apart from any increase of disablement pension under section 10, 11, 12 or 13 of the Act of 1966, be reduced, for any period of entitlement after such twenty-six weeks, by half;

(iii) the cost of medical care incurred as a result of such accident or disease in the first twenty-six weeks following the date of such accident or the date of development of such disease shall not be payable out of the Occupational Injuries Fund.

(8) (1) This article applies to persons in employment in either of the following employments:

( a ) employment as a member of the Defence Forces, otherwise than as a member of the Permanent Defence Force specified in article 7 (1) (b) of these Regulations, and

( b ) employment as a member of the Army Nursing Service otherwise than as a member of that service specified in article 7 (1) (i) of these Regulations.

(2) The provisions of the Acts shall be modified in the following manner:--

( a ) The percentage rate of the contribution payable by the employed contributor under section 6 (1) (b) (i) of the Act of 1952 shall be reduced by 0.1.

( b ) (i) Where employment contributions have been paid in an income tax year in respect of the reckonable earnings of a person to whom this article applies and he continues to be a person to whom this article applies until the end of the period during which that year could have been the relevant income tax year in relation to pay-related benefit in respect of him then an amount, calculated at the rate of 1.0 per cent of the amount of the reckonable earnings by reference to which the employment contributions paid in that year were determined, may be refunded.

(ii) One third of the amount which may be refunded under sub-paragraph (i) of this paragraph shall be deemed to be in respect of contributions by the employed contributor.

( c ) Benefit (other than maternity benefit, treatment benefit to such extent as may be provided for in regulations made under section 25 of the Act of 1952 and widow's (contributory) pension or deserted wife's benefit where such pension or benefit is granted in respect of widowhood or desertion arising before the current period of employment) shall not be granted in respect of the insurance of any person to whom this article applies while such person is serving as a member of the Defence Forces.

(3) Every question or dispute as to whether a person is or is not a person specified in sub-article (1) (a) or (b) of this article shall be referred for decision to the Minister for Defence and the decision of that Minister shall be final.

PART IV MODIFICATION OF THE PROVISIONS OF THE ACTS IN THEIR APPLICATION TO CERTAIN OUT-WORKERS, PART-TIME SHARE-FISHERMEN AND CERTAIN MINISTERS OF RELIGION.

9. (1) This article applies to persons in employment in any of the following employments:--

( a ) employment of a female employed contributor mainly in the employments specified in paragraphs 6 and 7 of Part I of the First Schedule to the Act of 1952, whether in one or more of such employments,

( b ) employment of a male employed contributor mainly in one or both of the employments specified in paragraphs 6 and 7 of Part I of the First Schedule to the Act of 1952, not being employment--

(i) as respects employment specified in the said paragraph 6, of a person who either during the twelve months immediately preceding the commencement of that employment has, or would but for his being unemployed or incapable of work have, been wholly or mainly engaged in, and derived his livelihood wholly or mainly from, the employment so specified or who may reasonably be expected so to be engaged and so to derive his livelihood during the twelve months following the commencement of that employment;

(ii) as respects employment specified in the said paragraph 7, as a weaver, and

( c ) employment as specified in paragraph 12 of Part I of the First Schedule to the Act of 1952.

(2) The provisions of the Acts shall be modified in the following manner:--

( a ) The employment contribution payable under section 6 (1) of the Act of 1952 shall comprise contributions at the following rates--

(i) a contribution by the employed contributor at the rate of 2.6 per cent and

(ii) a contribution by his employer at the rate of 6.1 per cent.

( b ) Employment contributions paid under paragraph (a) of this sub-article in respect of a person shall not be reckoned for the purposes of qualifying or requalifying any person for unemployment benefit.

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 consents to the making of 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.

Article 3

SCHEDULE

Regulations revoked

1 The Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 ).

2 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1959 ( S.I. No. 9 of 1959 ).

3 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1960 ( S.I. No. 170 of 1960 ).

4 The Social Welfare (Modifications of Insurance) (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 272 of 1960 ).

5 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1963 ( S.I. No. 168 of 1963 ).

6 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1964 ( S.I. No. 202 of 1964 ).

7 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1967 ( S.I. No. 81 of 1967 ).

8 The Social Welfare (Modifications of Insurance) (Amendment) (No. 2) Regulations, 1967 ( S.I. No. 193 of 1967 ).

9 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1968 ( S.I. No. 164 of 1968 ).

10 The Social Welfare (Modifications of Insurance) (Amendment) (No. 2) Regulations, 1968 ( S.I. No. 281 of 1968 ).

11 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1969 ( S.I. No. 240 of 1969 ).

12 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1970 ( S.I. No. 243 of 1970 ).

13 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1971 ( S.I. No. 55 of 1971 ).

14 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1972 ( S.I. No. 245 of 1972 ).

15 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1973 ( S.I. No. 232 of 1973 ).

16 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1974 ( S.I. No. 365 of 1974 ).

17 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1975 ( S.I. No. 182 of 1975 ).

18 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1976 ( S.I. No. 77 of 1976 ).

19 The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1978 ( S.I. No. 106 of 1978 ).

EXPLANATORY NOTE.

These Regulations, which replace the Social Welfare (Modifications of Insurance) Regulations, 1956 to 1978, provide, for certain persons, special rates of contribution to be payable under the system of fully pay-related social insurance and occupational injuries insurance contributions commencing on 6th April, 1979.

They provide for a reduction in the employer's rate of contribution and for special credited contributions in the case of seamen employed on foreign-going ships or on ships engaged in regular trade on foreign stations.

The Regulations also provide for the payment of occupational injuries benefit in respect of accidents and diseases happening to seamen, airmen and persons temporarily employed outside the State while insurably employed and, subject to specified conditions, the Regulations enable benefit to be paid to such persons in respect of periods of absence from the State. The accident conditions are modified to suit the special circumstances in which accidents may happen to seamen and airmen.

Provision is also made for the rates of social insurance contributions to be paid in the case of certain permanent and pensionable employees of the Government, the State, local or other public or statutory authorities, teachers, certain members of the Defence Forces and Army Nursing Service, the Garda Síochána and employees of certain hospitals. Such contributions are reckonable for the purposes of widow's and orphan's pension and deserted wife's benefit only.

The Regulations also modify the Acts in their application to established civil servants by providing for lower rates of occupational injuries insurance contributions and a limitation in the benefits payable under the occupational injuries insurance scheme to such persons.

Provision is also included for a reduction in the employee's rate of contribution in the case of certain members of the Defence Forces and the Army Nursing Service and for restricting rights to benefit of such persons while serving. In addition provision is made for refunding in certain circumstances that part of the contribution which is appropriate to pay-related benefit in respect of such persons.

The Regulations also provide for a special reduced rate of contribution for part-time share-fishermen, outworkers and Ministers of Religion which does not give title to unemployment benefit or pay-related benefit.



BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/ie/legis/num_reg/1979/0087.html