S.I. No. 437/1985:

SOCIAL WELFARE (INSURANCE INCLUSIONS AND EXCLUSIONS) REGULATIONS, 1985.

SOCIAL WELFARE (INSURANCE INCLUSIONS AND EXCLUSIONS) REGULATIONS, 1985.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 and subsections (4) and (5) of section 5 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1985.

2. Paragraph 7 of Part II of the First Schedule to the Social Welfare (Consolidation) Act, 1981 is hereby amended by the addition thereto of the following words:--

"but not being employment where the person is not remunerated in respect of such religious status and is a member of a class of persons in respect of which the Minister is satisfied and so certifies that an appropriate body or authority acting on behalf of the members of that class has represented to him in writing that it is unreasonable that their employment, otherwise than as a person in Holy Orders or other minister of religion or as a member of religious community, should not be insurable employment.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 19th day of December 1985.

BARRY DESMOND,

Minister for Social Welfare.

In accordance with section 5 (6) of the Social Welfare (Consolidation) Act, 1981 , a draft, sanctioned by the Minister for Finance, of these Regulations was laid before, and approved by each House of the Oireachtas. The necessary Resolutions were passed by Dáil Éireann on 10th December 1985 and by Seanad Éireann on 18th December, 1985.

EXPLANATORY NOTE.

Under the provisions of paragraph 7 of Part II of the First Schedule to the Social Welfare (Consolidation) Act, 1981 , where an 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, the Employment of that person is not insurable under the Social Welfare Acts. An exception to this provision was made in 1974 in certain circumstances in the case of a minister of religion who is engaged solely on pastoral work for which he receives remuneration.

A minister of religion who is not remunerated in the exercise of his ministry but is also engaged in secular employment is not, however, insurable under the Social Welfare Acts in respect of the secular employment by virtue of the provision referred to in the opening sentence of this note. These Regulations provide for the insurability of the employment of such a person in his secular capacity where the person is a member of a class of persons in respect of which the appropriate authority, acting on behalf of members of that class, has represented to the Minister that it is unreasonable that their secular employment should not be insurable employment.