Social Welfare (Contributions) (Amendment) Regulations, 1970

JurisdictionIreland
CitationIR SI 222/1970
Year1970

S.I. No. 222 of 1970.

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 7 , 8 and 9 of the Social Welfare Act, 1952 (No. 11 of 1952), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Contributions) (Amendment) Regulations, 1970.

(2) The Social Welfare (Contributions) Regulations, 1953 to 1969, and these Regulations may be cited collectively as the Social Welfare (Contributions) Regulations, 1953 to 1970.

2. In these Regulations—

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

" the Regulations of 1961 " means the Social Welfare (Contributions) (Amendment) Regulations, 1961 ( S.I. No. 139 of 1961 ).

3. The Social Welfare (Contributions) (Amendment) Regulations, 1955 ( S.I. No. 215 of 1955 ) are hereby revoked.

4. Article 4 of the Principal Regulations is hereby amended

( a ) by the insertion in sub-article (1) thereof after the words " in respect of " of the words " any contribution week in respect of which retirement pension or invalidity pension is payable to him or " and

( b ) by the addition thereto of the following sub-articles—

" (2) An employment contribution credited under this article to an insured person in respect of whom the last previous contribution payable was

( a ) an employment contribution at the rate provided in either paragraph 4 or paragraph 5 of the Second Schedule to the Act (inserted therein by the Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 )), or

( b ) a voluntary contribution at the rate provided in section 6 (2) (a) of the Act

shall be reckoned only for the purposes of

(i) article 5 of these Regulations in relation to widow's (contributory) pension and

(ii) satisfying the contribution conditions for widow's (contributory) pension.

(3) The restriction in the preceding sub-article on the reckoning of an employment contribution credited under this article shall not apply to an employment contribution credited to an insured person in respect of a contribution week as respects which he has rights in relation to unemployment benefit or receives disability benefit or maternity allowance.".

5. Article 5 of the Principal Regulations is hereby amended—

( a ) by the insertion of the following sub-article after sub-article (1)—

" (2) Employment contributions under paragraphs 4 or 5 of the Second Schedule to the Act (inserted therein by the Social Welfare (Modifications of Insurance) Regulations, 1956) paid in respect of an insured person shall not be taken into account for the purposes of this article except in relation to widow's (contributory) pension." and

( b ) by the addition thereto of the following sub-article after sub article (3) (inserted by the Social Welfare (Contributions) (Amendment) Regulations, 1967 ( S.I. No. 89 of 1967 ))—

"(4) Where for any two complete consecutive contribution years there are no employment contributions paid or credited in respect of an insured person, any employment contribution credited to that person in respect of any contribution week in respect of which retirement pension is payable to him shall not be taken into account in relation to disability benefit, invalidity pension, unemployment benefit, marriage benefit or maternity benefit unless since the end of the second of the said contribution years twenty-six employment contributions have been paid in respect of such person.".

6. Article 6 of the Principal Regulations is hereby revoked.

7. Sub-article (1) of article 10B of the Principal Regulations (inserted therein by the Regulations of 1961) is hereby amended by the insertion therein of the words " retirement pension and " before the words " old age (contributory) pension " where they occur and by the addition to the end of the sub-article of the following—

" and any such employment contributions credited in respect of a period after the commencement of section 5 of the Social Welfare Act, 1970 , (No. 12 of 1970), shall be reckonable also for death grant purposes.".

8. Sub-article (2) of article 10C of the Principal Regulations (inserted therein by the Social Welfare (Contributions) (Amendment) Regulations, 1968 ( S.I. No. 1 of 1968 )) is hereby amended by the insertion therein after the words "such pension " of the words ", retirement pension " and by the addition to the end of the sub-article of the following—

" and any such credited contribution which shall be taken into account in relation to retirement pension, old age (contributory) pension and widow's (contributory) pension shall also be taken into account in relation to death grant where the contribution is credited in respect of a period after the commencement of...

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