S.I. No. 312/1991 -- Social Welfare Act, 1991 (Section 26) Order, 1991.
1991
312
|
|
S.I. No. 312/1991:
SOCIAL WELFARE ACT, 1991 (SECTION 26) ORDER, 1991.
|
|
|
SOCIAL WELFARE ACT, 1991 (SECTION 26) ORDER, 1991.
|
|
|
The Minister for Social Welfare, in exercise of the powers conferred on him by section 26 of the Social Welfare Act, 1991 (No. 7 of 1991), hereby orders as follows:--
|
|
|
PART I. GENERAL.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Short title. |
|
|
1. This Order may be cited as the Social Welfare Act, 1991 (Section 26) Order, 1991.
|
|
|
Interpretation. |
|
|
2. In this Order--
|
|
|
"the Act of 1981" means the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);
|
|
|
"the Act of 1991" means the Social Welfare Act, 1991 .
|
|
|
Commencement. |
|
|
3. This Order shall come into operation--
|
|
|
( a ) on the 28th day of November, 1991 as respects retirement pension, and
|
|
|
( b ) on the 29th day of November, 1991 as respects old age (contributory) pension.
|
|
|
PART II. MODIFICATION OF PART IV OF THE ACT OF 1991.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Modification of Part IV of the Act of 1991. |
|
|
4. The provisions of the enactments mentioned in column (1) of the Schedule hereto are hereby modified so that the said provisions shall read as set out in column (2) of the said Schedule.
|
|
|
Article 4
|
|
|
SCHEDULE.
|
|
|
Modification of Part IV of the Act of 1991.
|
|
|
|
|
|
|
Title
(1)
|
Modification
(2)
|
| Subsections (14) and (15) of section 79 of the Act of 1981 (inserted by section 23 of the Act of 1991). |
79--(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities, or by virtue of a reciprocal arrangement under the provisions of section 307 and who in respect of any period have been employed mainly in one or more of the employments specified in Article 5 (1), 6 (1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ). |
|
(15) Regulations for the purposes of subsection (14) shall provide that an old age (contributory) pension payable by virtue thereof shall-- |
|
|
( a ) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of--
|
|
|
(i) employment contributions paid in respect of or credited to the insured person, and
|
|
|
(ii) self-employment contributions paid by him, and
|
|
|
(iii) voluntary contributions paid by him, reckonable for old age (contributory)pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and
|
|
|
( b ) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.
|
| Subsections (6) and (7) of section 84 of the Act of 1981 (inserted by section 24 of the Act of 1991). |
84.--(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities, or by virtue of a reciprocal arrangement under the provisions of section 307 and who in respect of any period have been employed mainly in one or more of the employments specified in Article 5 (1), 6 (1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ). |
|
(7) Regulations for the purposes of subsection (6) shall provide that a retirement pension payable by virtue thereof shall-- |
|
|
( a ) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of--
|
|
|
(i) employment contributions paid in respect of or credited to the insured person, and
|
|
(ii) voluntary contributions paid by him, reckonable for retirement pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and
|
|
|
( b ) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.
|
| Paragraph (b) of subsection (1) of section 27 of the Act of 1991. |
27.--(1) ( b ) A person who fails to satisfy the contribution condition set out in subsection (1) (c) of section 79 of the Principal Act or in subsection (1) (c) of section 84 of the said Act and had periods in which he had been--
|
|
|
(i) employed mainly in one or more of the employments specified in Article 5 (1), 6 (1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and
|
|
|
(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, were paid in respect of or credited to him.
|
|
|
|
GIVEN under the Official Seal of the Minister for Social Welfare this
|
|
|
28th day of November, 1991.
|
|
|
BRENDAN DALY,
|
|
|
Minister for Social Welfare.
|
|
|
The Minister for Finance hereby consents to the making of the foregoing Regulations.
|
|
|
GIVEN under the Official Seal of the Minister for Finance this
|
|
|
28th day of November, 1991.
|
|
|
BERTIE AHERN,
|
|
|
Minister for Finance.
|
|
|
EXPLANATORY NOTE.
|
|
|
Part IV of the Social Welfare Act 1991 provides for an entitlement to old age (contributory) pension/retirement pension to persons who have gaps in their insurance records as a result of having been insured for periods in public service type employment.
|
|
|
This Order provides for a number of minor modifications to Part IV of the Act.
|
|
|
|
