Social Welfare (Collection of Contributions) Regulations, 1952

JurisdictionIreland
CitationIR SI 381/1952
Year1952

S.I. No. 381 of 1952.

SOCIAL WELFARE (COLLECTION OF CONTRIBUTIONS) REGULATIONS, 1952.

The Minister for Social Welfare in exercise of the powers conferred on him by the Social Welfare Act, 1952 (No. 11 of 1952) and in particular by sections 3, 6, 8, 11 and 52 of the said Act, and, as respects article 12 with the sanction of the Minister for Finance, hereby makes the following Regulations :—

1 Citation.

1. These Regulations may be cited as the Social Welfare (Collection of Contributions) Regulations, 1952.

2 Commencement.

2. These Regulations shall come into operation on the 5th day of January, 1953.

3 Definitions.

3. In these Regulations, unless the context otherwise requires—

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

" the Minister " means the Minister for Social Welfare ;

" local office " means an employment exchange or other place appointed by the Minister as a local office for the purposes of the Act ;

" termination of employment " includes the employed contributor leaving his work and the dismissal of the employed contributor by the employer whether, in either case, in accordance with the contract of service or not.

4 Issue of insurance cards.

4. (1) Every person who becomes an employed contributor shall, on furnishing such information as the Minister may require, obtain an insurance card, free of charge, from a local office, or in such other manner as the Minister may direct.

(2) A person who becomes an employed contributor shall be deemed to have complied with sub-article (1) of this article on the issue of an insurance card by a local office direct to his employer in response to an application for an insurance card duly made by such person.

(3) A voluntary contributor who becomes an employed contributor shall surrender the card issued to him as a voluntary contributor, and obtain an insurance card in the manner specified in sub-article (1) of this article.

(4) On the return in accordance with these Regulations to a local office of an insurance card of an employed contributor which has ceased to be current, a new card shall, where necessary, be issued free of charge in respect of the contributor to the person who returned the card.

(5) A fresh insurance card shall, where necessary, be issued to a person returning an insurance card to a local office in accordance with a direction of the Minister.

(6) A person who was an insured contributor under the Unemployment Insurance Acts, 1920 to 1952, or an employed contributor under the National Health Insurance Acts, 1911 to 1952, shall not, unless the Minister otherwise directs, be required to obtain for the period beginning on the 5th day of January, 1953, an insurance card if he has already obtained a card with a period of currency commencing on the 6th day of October, 1952, in accordance with the regulations made under the said Acts.

5 Custody of insurance cards.

5. (1) In this article, the expression " the relevant time " means

(a) the time the employed contributor enters into employment with the employer, or

(b) as respects a person required to be an employed contributor by reason of attaining the age of sixteen, the day he attains that age, or

(c) as respects a person required by virtue of the Act to become as from the appointed day an employed contributor, the appointed day.

(2) An employed contributor, on his obtaining or on the return to him of an insurance card in accordance with these Regulations, shall be responsible for its custody until it is delivered to an employer, to a local office, or to an inspector or otherwise disposed of in accordance with these Regulations.

(3) Subject to the provisions of this article—

(a) An employer of an employed contributor shall at the relevant time obtain from the employed contributor an insurance card then current.

(b) An employed contributor shall at the relevant time deliver or cause to be delivered his insurance card to his employer.

(4) Where the insurance card of an employed contributor is at the time of his entry into employment lodged at a local office, the employer shall be held to have complied with sub-article (3) of this article if he obtains from the employed contributor at the relevant time the receipt for the card issued by the local office and sends the receipt to the local office for the purpose of obtaining the card.

(5) An employer and an employed contributor shall be deemed to have complied with this article on the issue of an insurance card by a local office direct to the employer in response to an application for an insurance card duly made by the employed contributor.

(6) An employer, on obtaining an insurance card, shall become responsible for the custody thereof so long as the employment continues, or until it is returned to the employed contributor, delivered to the local office, retained by an inspector, or otherwise disposed of in accordance with these Regulations.

(7) The person for the time being responsible for the custody of an insurance card in accordance with these Regulations shall produce it for inspection at any reasonable time when required to do so by an inspector appointed for the purposes of the Act, and if so required by an inspector, shall deliver the card to the inspector, who may, if he thinks fit, retain it. An inspector shall give a receipt for any insurance card retained by him.

6 Inspection by employed contributor of insurance card in custody of employer.

6. (1) Subject to the provisions of this article, an employer shall give to an employed contributor who desires to inspect his insurance card while it is in the custody of the employer a reasonable opportunity of so doing, either within or immediately before or after working hours.

(2) An employed contributor shall be entitled by virtue of this article to inspect his insurance card not more than once in any calendar month and then only at such time as may be fixed by his employer for the purpose.

7 Return of insurance cards.

7. (1) An employer shall forthwith return his insurance card to an employed contributor on the termination of his employment for a cause other than his death or on employment contributions ceasing for any cause to be payable in respect of him under the Act.

(2) An employed contributor shall, on the termination of his employment or at any other time when directed by the Minister, apply to the employer for the return of his insurance card, and on receiving the card shall give a receipt to the employer if requested to do so.

(3) An employer shall comply with any directions which may be given by the Minister as to the return to an employed contributor of his insurance card or the delivery of the card to the Minister at any other time than on the termination of the employment.

(4) An employed contributor, to whom an insurance card is returned under the foregoing provisions of this article shall, if he is unemployed, or if for any other reason employment contributions cease to be payable in respect of him under the Act, forthwith deliver the card to a local office, there to be retained until employment contributions again become, or are about to become, payable in respect of him under the Act.

(5) Notwithstanding the provisions of the preceding sub-article, an employed contributor to whom an insurance card is returned in accordance with this article, shall surrender the card as directed by the Minister.

(6) Where an employer fails or neglects to return in accordance with the foregoing provisions of this article an insurance card to an employed contributor, he shall forthwith return the card to a local office.

(7) Subject to sub-article (8) of this article, the person for the time being responsible under these Regulations for the custody of an insurance card shall, within six days of the expiration of the period of currency of the card or such longer period as the Minister may in any particular case allow, return the card to a local office.

(8) Where an insurance card (not being an insurance card bearing impressed stamps) on the expiration of its period of currency is in the custody of the employer, the employer shall, if so requested by the employed contributor, return the card to the employed contributor who shall give to the employer, if he demands it, a receipt for the card and shall himself return it to a local office and obtain a new card which he shall forthwith deliver to the employer.

8 Disposal of insurance card on death of employed contributor.

8. On the death of an employed contributor, the employer, if the insurance card is then in his...

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