O'Callaghan v Irish Insurance Commissioners

• Jurisdiction: Ireland
• Judgment Date: 04 June 1915
• Date: 04 June 1915
• Court: King's Bench Division (Ireland)

O'Callaghan,

Appellant

and

Irish Insurance Commissioners,

Respondents (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1915.

National Insurance — School Attendance Inspector — Employment under Local Authority — “Contract of Service” — “Employed Contributor” — Irish Education Act, 1892 (55 & 56 Vict. c. 42), s. 3 — National Insurance Act, 1911 (1 & 2 Geo. 5, c. 55), s.1, sub-s. 1, 2; Sched. 1, Part 1(a) — National Insurance Act, 1913 (3 & 4 Geo. 5, c. 37), s. 6.

A person appointed as school attendance inspector by a school attendance committee under the provisions of the Irish Education Act, 1892, is an “employed contributor” within the meaning of the National Insurance Acts, 1911 to 1913, and the committee is liable for the payment of the contributions in respect of him.

Case Stated by justices under 20 & 21 Vict. c. 43. The case stated set out as follows:—

At the Fermoy petty sessions, held on the 8th February, 1915, the complainants, the Irish Insurance Commissioners, charged the appellant and others, as defendants, that they, being the employers of one Thomas Meares, an employed contributor within the meaning of the National Insurance Acts, 1911 to 1913, did on the 4th July, 1914, fail to pay a contribution of four pence which under the said Acts and the regulations made thereunder they were liable to pay in respect of the said Thomas Meares for the week commencing the 29th June, 1914.

The facts as proved or admitted were as follows:—The defendants were the school attendance committee of Fermoy urban district, and were duly appointed under the provisions of the Irish Education Act, 1892, five being nominated by the Fermoy Urban Council, and five by the Commissioners of National Education for Ireland. About eight years ago Thomas Meares was appointed by resolution of the then existing school attendance committee,

under section 3, sub-sect. 3, of the Irish Education Act, 1892, to perform the duties of school attendance inspector; he still continued to perform such duties, and received as remuneration therefor the yearly sum of £25, paid to him quarterly out of the rates, the amount of this remuneration having been fixed by the committee with the approval of the local authority. Thomas Meares, being a pensioner, had applied for and obtained a certificate of exemption under Part I of the National Insurance Act, 1911. The defendants had no funds at their disposal. The expenses of the defendants and the salaries and expenses of their officers were defrayed by the urban district council out of the local rates. The defendants had not paid any contribution under the National Insurance Acts in respect of Meares.

The complainants contended that the defendants, as such school attendance committee, were the employers of Meares within the meaning of said Acts, and liable to pay the contribution; and they relied on the Irish Education...