SOCIAL WELFARE (NO. 2) ACT, 1993

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Number 32 of 1993


SOCIAL WELFARE (NO. 2) ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title and construction.

2.

Definition.

PART II

Social Insurance for Persons Engaged in Share Fishing

3.

Amendment of section 2 of Principal Act (definitions).

4.

Optional contributors and optional contributions.

5.

Social Insurance Fund.

6.

Return of contributions paid in error.

7.

Disability benefit (conditions for receipt and duration of payment).

8.

Unemployment benefit (conditions for receipt and duration of payment).

9.

Amendment of section 79 of Principal Act (pay-related benefit).

10.

Commencement.

PART III

Miscellaneous Amendments

11.

Amendment of section 2 of Principal Act (definitions).

12.

Qualifying conditions for disability benefit (volunteer development workers).

13.

Qualifying conditions for unemployment benefit (volunteer development workers).

14.

Records to be maintained.

PART IV

Amendment of Pensions Act, 1990

15.

Amendment of Pensions Act, 1990.


Acts Referred to

Pensions Act, 1990

1990, No. 25

Social Welfare (Consolidation) Act, 1993

1993, No. 27


Number 32 of 1993


SOCIAL WELFARE (NO. 2) ACT, 1993


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1993 , TO AMEND AND EXTEND THE PENSIONS ACT, 1990 AND TO PROVIDE FOR CONNECTED MATTERS. [21st December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title and construction.

1.—(1) This Act may be cited as the Social Welfare (No. 2) Act, 1993.

(2) The Social Welfare (Consolidation) Act, 1993 , and this Act (other than section 15 ) shall be construed together as one.

Definition.

2.—In this Act “the Principal Act” means the Social Welfare (Consolidation) Act, 1993 .

PART II

Social Insurance for Persons Engaged in Share Fishing

Amendment of section 2 of Principal Act (definitions).

3.—Section 2 (1) of the Principal Act is hereby amended by—

(a) the insertion after the definition of “occupational injuries insurance” of the following definitions:

“‘optional contribution’ means a contribution paid under Chapter 4A of Part II;

‘optional contributor’ means a person engaged in share fishing paying optional contributions;”,

(b) the insertion after the definition of “pensionable age” of the following definition:

“‘person engaged in share fishing’ means a self-employed contributor who is a member of the crew of a fishing vessel and whose principal means of livelihood is derived from a share in the profits or the gross earnings of the working of the vessel;”,

(c) the substitution for the definition of “qualifying contribution” of the following definition:

“‘qualifying contribution’ means the appropriate employment contribution or self-employment contribution which was paid or would have been paid but for section 10 (1) (c) or (d) or section 18 (1) (d) in respect of any insured person or the appropriate optional contribution which was paid or would have been paid but for section 24B (1) (b);”,

and

(d) the insertion in the definition of “reckonable income” after “self-employed contributor” of “or an optional contributor,”.

Optional contributors and optional contributions.

4.—The Principal Act is hereby amended by the insertion after section 24 of the following Chapter:

“Chapter 4A

Optional Contributors and Optional Contributions

Optional contributors and contributions.

24A.—(1) A person engaged in share fishing shall, subject to such conditions as may be prescribed, be entitled to opt to become an insured person (‘optional contributor’) paying contributions under this Chapter (‘optional contributions’) which shall be payable in each contribution year with effect from the contribution year ending on the 5th day of April, 1994 at such time and in such manner as may be prescribed.

(2) An optional contributor shall cease to be an optional contributor if he—

(a) ceases to be a person engaged in share fishing,

(b) ceases to be a self-employed contributor, or

(c) fails, in any contribution year, to pay an optional contribution which by virtue of being an optional contributor, he is liable to pay.

Rates of optional contributions and related matters.

24B.—(1) Optional contributions shall be payable by optional contributors in accordance with the following provisions—

(a) Subject to paragraph (b), an optional contributor shall pay an optional contribution of an amount equal to 5 per cent. of his reckonable income in thepreceding contribution year, or the sum specified in section 18 (1) (h), whichever is the greater.

(b) An optional contribution shall not be payable in respect of so much (if any) of the reckonable income of an optional contributor in any contribution year which exceeds the sum specified in section 18 (1) (d).

(2) Subject to regulations under section 24C, where an optional contribution has been paid by an optional contributor of not less than the amount that he is liable to pay under subsection (1), he shall be regarded as having paid contributions for each contribution week in that contribution year and, where the contribution paid is less than the appropriate amount aforesaid, no contribution shall be regarded as having been paid by the optional contributor in respect of any week of that contribution year.

(3) Regulations may provide for adjustments in the calculation of amounts payable in respect of optional contributions to facilitate computation and for the elimination from optional contributions of amounts of not more than 5p and for the rounding up of amounts of more than 5p but less than 10p to 10p.

(4) Optional contributions shall be disregarded in determining whether the contribution conditions for any benefit other than disability benefit, unemployment benefit or treatment benefit are satisfied:

Provided that the contribution conditions for the said benefits shall not be regarded as being satisfied unless all optional contributions payable by an optional contributor in accordance with the provisions of this Chapter have been paid.

Regulations providing for determination of optional contributions payable and related matters.

24C.—Regulations may provide for—

(a) the determination of optional contributions payable, the amount or rates of such contributions, and the contribution weeks in respect of which such contributions shall be regarded as having been paid, in the case of a person who—

(i) becomes for the first time an optional contributor,

(ii) ceases to be an optional contributor, or

(iii) in any contribution year has reckonable earnings and reckonable income,

and

(b) any matter ancillary or incidental to any of the matters referred to in the preceding paragraph of this section.”.

Social Insurance Fund.

5.—Section 6 of the Principal Act is hereby amended by—

(a) the insertion after paragraph (b) of subsection (1) of the following paragraph:

“(bb) contributions in respect of optional contributors,”,

and

(b) the insertion in subsection (2) after “self-employment contributions” of “, optional contributions”.

Return of contributions paid in error.

6.—The Principal Act is hereby amended by the substitution for section 28 of the following section:

“Return of contributions paid in error.

28.—Regulations may provide for the return, subject to any conditions, restrictions and deductions specified in the regulations, of any sums paid in error by way of employment, self-employment, voluntary or optional contributions.”.

Disability benefit (conditions for receipt and duration of payment).

7.—The Principal Act is hereby amended by—

(a) the substitution for paragraph (c) of section 32 (1) of the following paragraph:

“(c) that the claimant has—

(i) prescribed reckonable weekly earnings, or

(ii) in the case of a person who qualifies for disability benefit by...

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