S.I. No. 53/1994:

SOCIAL WELFARE (OPTIONAL CONTRIBUTIONS) REGULATIONS, 1994.

SOCIAL WELFARE (OPTIONAL CONTRIBUTIONS) REGULATIONS, 1994.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), sections 24A, 24B and 24C of that Act (inserted by section 4 of the Social Welfare (No. 2) Act, 1993 (No. 32 of 1993)) and section 28 of that Act (as amended by section 6 of the Social Welfare (No. 2) Act, 1993 ), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Optional Contributions) Regulations, 1994.

2. In these Regulations the "Principal Act" means the Social Welfare (Consolidation) Act, 1993 .

3. An application by a person engaged in share fishing to become an optional contributor shall be made to the Minister in the form for the time being approved by the Minister for that purpose.

4. Every person who applies to become an optional contributor shall furnish to an officer of the Minister such certificates, documents, information and evidence as may be required by him for the purpose of deciding the application.

5. Every optional contributor shall--

(a) furnish to an officer of the Minister such certificates, documents, information and evidence as may be required by him for the purpose of determining the rate of optional contribution payable, and

(b) notify the Minister of any change in circumstances which would cause that person to cease to be an optional contributor.

6. (1) Subject to sub-article (2) of this article, an optional contribution payable in respect of any contribution year (including a contribution payable in instalments under article 7 of these Regulations) shall be paid before the end of that contribution year.

(2) Where a person who, having become an optional contributor within the three months before the end of a contribution year, pays an optional contribution in respect of that contribution year not later than three months following the last day of the said contribution year, the optional contribution so paid shall be treated as having been paid before the end of the contribution year to which it relates.

(3) An optional contribution which is not paid in accordance with the provisions of this article shall be treated as not having been paid.

7. An optional contributor may, on receipt of notification of the amount of the optional contribution due by him in respect of a contribution year, elect to pay such contribution in one payment or in such instalments as may be agreed by him with an officer of the Minister authorised by the Minister for this purpose.

8. Where an optional contribution is--

(a) treated, in accordance with article 6 (3) of these Regulations, as not having been paid, or

(b) paid in respect of the contribution year in which the optional contributor reaches pensionable age,

the amount of such contribution shall be refunded to the optional contributor by the Minister.

9. Where a person becomes an optional contributor in the contribution year in which he first became insured as a self-employed contributor, the optional contribution payable by him in respect of that contribution year shall be £250.

10. In calculating the amount of an optional contribution payable in respect of an optional contributor where the amount so calculated--

(a) is a multiple of 5p or 10p, that amount shall be payable;

(b) includes an amount which is more than 5p but less than 10p, the amount payable shall be rounded up to the nearest 10p; and

(c) includes an amount which is less than 5p, the amount payable shall be rounded down to the nearest 10p.

11. (1) Where in any contribution year an optional contributor who, having paid an optional contribution in respect of that year, is also an employed contributor by virtue of section 9 (1) (a) of the Principal Act, the number of contribution weeks in respect of which optional contributions shall be regarded as having been paid shall be determined by deducting the number of contribution weeks in respect of which employment contributions have been paid or treated as paid, or would have been payable but for the provisions of section 10 (1) (d) of the Principal Act or have been credited, from 52 and treating the remainder as the number of contribution weeks in respect of which optional contributions have been paid.

(2) Notwithstanding sub-article (1) of this article, an optional contribution may be treated as paid in respect of any contribution week for which an employment contribution has been credited for the purposes of the contribution conditions for Disability Benefit, Unemployment Benefit and Treatment Benefit which require a minimum number of qualifying contributions.

GIVEN under the Official Seal of the Minister for Social Welfare,

this 23rd day of February, 1994.

MICHAEL WOODS.

Minister for Social Welfare.

EXPLANATORY NOTE.

Regulations provide for certain matters in connection with the payment of optional contributions under the scheme of social insurance for share fishermen provided for in the Social Welfare (No. 2) Act, 1993 (No. 32 of 1993). These include--

-- the manner of application to become an optional contributor;

-- the time within which optional contributions must be paid;

-- provisions for a refund of the optional contribution where it is not paid within the prescribed time; and

-- the determination of the number of weeks in respect of which optional contributions will be regarded as paid in the case of a person who in a contribution year, is both an optional contributor and an employed contributor.

The Regulations also provide that where a person applies to become an optional contributor in the contribution year in which he first became insured as a self-employed contributor, the optional contribution payable will be £250.