Social Welfare (Contributions) Regulations, 1953

JurisdictionIreland
CitationIR SI 5/1953
Year1953

S.I. No. 5 of 1953.

SOCIAL WELFARE (CONTRIBUTIONS) REGULATIONS, 1953.

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) and of all other powers enabling him in this behalf, hereby makes the following Regulations :—

PART I GENERAL.

1 Citation.

1. These Regulations may be cited as the Social Welfare (Contributions) Regulations, 1953.

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 ;

" contribution year " and " benefit year " have the same meanings as in the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ) ;

" due date " in Part IV of these Regulations means in relation to any contribution under the Act the date on which the contribution was due to be paid ;

" duly notified incapacity for work " means incapacity for work notified under the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ), or under Article 9 of these Regulations.

PART II. CREDITS.

4 Incapacity for work and unemployment.

4.—(1) An employment contribution shall, subject to the provisions of these Regulations, be credited to an insured person in respect of any contribution week of duly notified incapacity for work or of proved unemployment.

(2) An employment contribution credited under this article to an insured person to whom article 5 of the Social Welfare (Modifications of Insurance) Regulations, 1953, applies shall not be reckoned in relation to any benefit other than Widow's (Contributory) Pension save where such contribution is credited in respect of a contribution week in respect of which disability benefit, unemployment benefit or maternity allowance is granted to such person in accordance with the provisions of the Regulations* made under subsection (2) of section 37 or under section 66 of the Act.

* S.I. No. 4 of 1953 .

5 Restrictions on the grant of Credits.

5. Where for any two complete consecutive contribution years there are no employment contributions paid or credited in respect of an insured person then an employment contribution shall not be credited to such person in respect of any contribution week of duly notified incapacity for work or of proved unemployment 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 Voluntary Contributors.

6. Subject to the provisions of article 6 of the Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributions) Transitional Regulations, 1953 ( S.I. No. 4 of 1953 ), an employment contribution shall not be credited to a voluntary contributor in respect of any contribution week other than a contribution week in respect of which disability benefit, unemployment benefit or maternity allowance is granted to such person in accordance with the provisions of the Regulations* made under subsection (2) of Section 37 or under section 66 of the Act.

7 Days of Incapacity for work and of unemployment.

7.—(1) For the purposes of articles 4 and 5 hereof a day of any contribution week shall not (subject to sub-article (2) hereof)—

(a) be a day of incapacity for work unless on that day the person is incapable of work ;

(b) be a day of proved unemployment unless that day is a day of unemployment within the meaning of the Act or of the Unemployment Assistance Acts, 1933 to 1952 and on that day the person concerned is not incapable of work and is available for employment ;

(2) Where a period of duly notified incapacity for work exceeds a complete contribution week by four days or more such days shall be treated as a contribution week.

8 Maternity allowance.

8. An employment contribution shall be credited to a woman for any week in respect of which maternity allowance is payable to her.

9 Notice and Evidence for the purpose of credits.

9. For the purposes of the foregoing provisions of these Regulations relating to the crediting of contributions a person shall—

(a) in respect of periods of incapacity for work, furnish to the Minister notice of such incapacity and any evidence required in relation thereto before the beginning of the benefit year immediately following the contribution year in which the week in question falls or before such later date as the Minister may in any particular case determine ;

(b) in respect of periods of unemployment furnish to the Minister such evidence as he may require.

* S.I. No. 4 of 1953 .

10 Pre-entry credits.

10. Employment contributions shall be credited to an employed contributor for the period between the beginning of the contribution year last preceding that in which such person became an employed contributor and his entry into insurance.

PART III. MISCELLANEOUS PROVISIONS RELATING TO CONTRIBUTIONS.

11 Disposal of contributions improperly paid.

11. Where contributions are paid under the Act at the wrong rate in respect of an insured person, the Minister may treat them as paid on account of contributions properly payable in respect of such person.

12 Return of contributions paid in error.

12.—(1) Subject to the provisions of article 11 hereof and of this article any contributions paid in...

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