Social Welfare (Modifications of Insurance) Regulations, 1956

• Jurisdiction: Ireland
• Citation: IR SI 236/1956
• Year: 1956

S.I. No. 236 of 1956.

SOCIAL WELFARE (MODIFICATIONS OF INSURANCE) REGULATIONS, 1956.

I, BRENDAN CORISH, Minister for Social Welfare, in exercise of the powers conferred on me by sections 3 and 31 and paragraph (a) of subsection (2) of section 47 of the Social Welfare Act, 1952 (No. 11 of 1952) and by section 12 of the said Act as amended by section 3 of the Social Welfare (Amendment) Act, 1956 (No. 24 of 1956) hereby make the following regulations with the sanction of the Minister for Finance :— 1. These Regulations may be cited as the Social Welfare (Modifications of Insurance) Regulations, 1956. 2. These Regulations shall come into operation on the 3rd day September, 1956. 3.—(1) In these Regulations—

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

" the Acts " means the Social Welfare Acts, 1952 and 1956 ;

" the Minister " means the Minister for Social Welfare.

(2) References in these Regulations to any enactment shall include a reference to such enactment as amended or extended by any subsequent enactment, order or regulations. 4.—(1) This article applies to persons in employment under such a contract as is specified in paragraph I of Part I of the First Schedule to the Act as master or a member of the crew of—

(a) any ship registered in the State, or

(b) 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.

(2) The provisions of the Acts in their application to a person to whom this article applies shall be modified in the following manner:—

(a) Where a person to whom this article applies is neither domiciled nor has a place of residence in the State he shall be deemed not to be employed in an employment specified in paragraph 1 of Part I of the First Schedule to the Act, but the employer shall, save where the ship is engaged in regular trade on foreign stations, pay the same contributions in respect of such person as would otherwise be payable as employer's contributions under the Acts and such contributions shall be paid into the Fund.

(b) Where a person to whom this article applies is employed on a foreign-going ship or a ship engaged in regular trade on foreign stations, the employer's contribution shall be sixpence less in the case of a male employed contributor and fourpence less in the case of a female employed contributor than the appropriate employer's contribution payable under the Acts, and every four employment contributions paid for any contribution year by or in respect of any person while so employed shall be treated as five such contributions for the purpose of determining whether the contribution conditions for benefit are satisfied as respects the number of contributions paid or credited for a contribution year.

(c) (i) Where the owner of a ship or vessel is, under the Merchant Shipping Acts, 1894 to 1947, or otherwise, liable in respect of a 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.

(d) It shall be the duty of the master of every ship or vessel to 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.

(e) The provisions of or made under the Acts shall, so far as they are not inconsistent with the provisions of these Regulations, apply to a person to whom this article applies with the modification, that, where such a person 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.

(3) In this article—

" foreign-going ship " includes—

(a) every ship or vessel employed in trading or...