No. 31/1974:

SOCIAL WELFARE (NO. 3) ACT, 1974

ARRANGEMENT OF SECTIONS

1 Definition.

2 Amendment of First Schedule to Principal Act.

3 Miscellaneous amendments of Principal Act consequential on section 2.

4 Amendment of section 3 (3) of Social Welfare (Occupational Injuries) Act, 1966 (excepted employments).

5 Short title, construction and collective citation.

AN ACT TO AMEND THE SOCIAL WELFARE ACTS, 1952 TO 1974.

[24th December, 1974]

BE IT AMENDED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act "the Principal Act" means the Social Welfare Act, 1952 .

2.—(1) The First Schedule to the Principal Act is hereby amended by the insertion of he following paragraph after paragraph 11 (inserted by section 15 of the Social Welfare Act, 1972 ) of Part I:

"12. Employment as minister of religion where the employed person—

( a ) is remunerated by stipend, salary or similar payment, and

( b ) is a member of at class of persons in respect of which, the Minister is satisfied and so certifies that an appropriate authority or body acting on behalf of the members of that class has represented to him in writing that the services rendered or duties performed by the persons in that class and the conditions of appointment and other relevant circumstances pertaining thereto are such that having regard to other occupations which are insurable employments, it is unreasonable that the employment of members of that class should not be insurable employment."

(2) Part II of the First Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 8 (inserted by the, Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1952 ( S.I. No. 373 of 1952 )):

"8. Employment other than employment specified in paragraph 12 of Part I of this Schedule where the employed person is a person in Holy Orders or other minister of religion or a person living in a religious community as a member thereof."

3.—(1) section 12 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

"(1) Regulations may modify the provisions of this Act in their application in the case of—

( a ) persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6, 7 and 12 of Part I of the First Schedule to this Act, or

( b ) persons employed in a statutory transport undertaking, or

( bb ) persons employed` as teachers in comprehensive schools established by the Minister for Education, or

( c ) persons employed as teachers in national schools under the Rules and Regulations for National Schools, or

( cc ) persons employed as teachers in training colleges recognised by the Minister for Education for teachers in national schools, or

( d ) persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or

( dd ) persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or

( e ) persons employed as members of the Army Nursing Service, or

( f ) persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or

( g ) persons employed by voluntary organisations which are providing district nursing services, or

( h ) persons employed as members of the Garda Síochána."

(2) The Second Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 1:

"1. Except in the cases referred to in paragraphs 2, 2A, 3, 3A, 4, 5, 6, 7 and 8 of this Schedule, there shall be ordinary rate employment contributions as follows:

(3) The Second Schedule to the Principal Act is hereby amended by the insertion of the following paragraph after paragraph 7 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 )):

"8. In case the employment is an employment specified in paragraph 12 of Part I of the First Schedule to this Act there shall be special rate employment contributions as follows:—

(4) The Fourth Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 1:

"1. Disability benefit or unemployment benefit.

The contribution conditions for disability benefit or unemployment benefit are:—

( a ) that not less than twenty-six employment contributions have been paid in respect of the claimant in respect of the period between the claimant's entry into insurance and +he day for which the benefit is claimed, and

( b ) that not less than forty-eight employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed,

but, as respects unemployment benefit, employment contributions under paragraph 3, 3A or 8 of the Second Schedule to this Act paid in respect of the claimant shall be disregarded in determining for the purposes of each of the foregoing conditions the number of employment contributions which have been paid in respect of the claimant."

(5) Paragraphs 7 and 9 (inserted by section 18 of the Social Welfare Act, 1970 ) of the Fourth Schedule to the Principal Act are hereby amended by the substitution of the following for the last sentence in each of those paragraphs:

"For the purpose of determining whether the conditions contained in this paragraph are satisfied—

(i) a person shall be treated as having entered into insurance when (and only when) he has become for the first time an employed contributor in respect of whom employment contributions are payable under paragraphs 1, 2, 2A, 3, 3A, 6, 7 or 8 of the Second Schedule to this Act, and

(ii) contributions under paragraphs 4 and 5 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956 ( S.I. No. 236 of 1956 )) of that Second Schedule shall be disregarded."

4.— Section 3 (3) of the Social Welfare (Occupational Injuries) Act, 1966 , which specifies employments; to be taken to be added for the purpose of insurable (occupational injuries) employment to those specified as being excepted employments; in Part II of the Fist Schedule to the Principal Act, is hereby amended by the insertion of the following after subparagraph (e) (inserted by section 15 (2) of the Social Welfare Act, 1972 ):

"( f ) employment specified in paragraph 12 (inserted by the Social Welfare (No. 3) Act, 1974 ) of Part I of the First Schedule to the Social Welfare Act, 1952 ."

5.—(2) This Act may be cited as the Social Welfare (No. 3) Act, 1974 .

(2) This Act shall be construed as one with the Social Welfare Acts, 1952 to 1974, and shall be included in the collective citation, the Social Welfare Acts, 1952 to 1974.