S.I. No. 293/1971:

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) (No. 3) REGULATIONS, 1971.

SOCIAL WELFARE (CONTRIBUTIONS) (AMENDMENT) (No. 3) REGULATIONS, 1971.

The Minister for Social Welfare, in excercise of the powers conferred on him by sections 3 and 7 of the Social Welfare Act, 1952 (No. 11 of 1952) and by section 8 of that Act as amended by section 8 of the Social Welfare Act, 1971 (No. 16 of 1971), hereby makes the following Regulations--

1. (1) These Regulations may be cited as the Social Welfare (Contributions) (Amendment) (No. 3) Regulations, 1971.

(2) These Regulations shall be included in the expression the Social Welfare (Contributions) Regulations, 1953 to 1971.

2. In these Regulations--

"the Principal Regulations" means the Social Welfare (Contributions) Regulations, 1953 ( S.I. No. 5 of 1953 ).

"the Regulations of 1971" means the Social Welfare (Contributions) (Amendment) Regulations, 1971 ( S.I. No. 85 of 1971 ).

3. Article 10E (inserted by article 3 of the Regulations of 1971) of the Principle Regulations is hereby revoked.

4. Article 14 of the Principle Regulations is hereby amended by the substitution for sub-article (1) (B) (inserted by article 4 of the Regulations of 1971) of the following:--

"(1) (B) (i) Where an employment contribution which is payable is not paid or is paid after the due date and the failure to make or the delay in making payment thereof is shown to the satisfaction of the Minister not to have been with the consent or connivance of, or attributable to any negligence on the part of the insured person in respect of whom the contribution is payable or is paid such contribution may, for the purpose of any right to benefit, be treated as having been paid on the due date.

(ii) An employment contribution treated as paid on the due date under the provisions of this article shall not be reckonable for the purpose of payment of any benefit in respect of any period or any benefit by way of grant in respect of any event occurring, prior to the 27th day of October, 1971."

5. Where in respect of any contribution week an employment contribution had been credited under the provisions of article 10E of the Principal Regulations or has been treated as paid under the provisions of sub-article (1) (B) (i) (inserted by article 4 of these Regulations) of article 14 of the Principal Regulations and an employment contribution is subsequently paid for the same week in respect of an insured person concerned then for the purpose of the right of that person to any benefit the paid contribution only, from the date of such payment, shall be reckoned.

GIVEN under the Official Seal of the Minister for

Social Welfare this 27th day of October, 1971.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare Act, 1971 , empowers the Minister to provide, by way of Regulations, for treating as paid, subject to specified conditions, employment contributions which an employer has failed to pay in respect of an insured person. These Regulations give effect to this provision. Previous Regulations which allowed credited contributions to be awarded in similar circumstances have been revoked as this is no longer necessary.