S.I. No. 80/1995:

SOCIAL WELFARE (SUBSIDIARY EMPLOYMENTS) REGULATIONS, 1995.

SOCIAL WELFARE (SUBSIDIARY EMPLOYMENTS) REGULATIONS, 1995.

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) and paragraph 4 of Part II of the First Schedule to that Act, hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Subsidiary Employments) Regulations, 1995.

2. These Regulations shall come into operation on the 6th day of April, 1995.

3. The Regulations specified in column (1) of Schedule B to these Regulations are hereby revoked to the extent specified in column (2) of the said Schedule.

4. Each of the employments specified in Schedule A to these Regulations is hereby specified as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.

SCHEDULE A

1. Any employment adopted by a person who is ordinarily and mainly dependant for his livelihood on an employment which is:--

( a ) an excepted employment by virtue of paragraph 1 or paragraph 3 of Part II of the First Schedule to the Social Welfare (Consolidation) Act, 1993 , or

( b ) an employment mentioned in article 5 (1), 6 (1), 7 (1) or 10 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 to 1995, where the person is liable to pay employment contributions at the rate specified in article 5 (2), 6 (2), 7 (2) or 10 (2), as the case may be, of the said Regulations.

2. Employment as attendant at or in connection with examinations held by the Department of Education.

3. Employment involving occasional service only, as presiding officer or as poll clerk at Presidential elections, elections to the European Parliament, general elections, bye-elections, local elections or at referenda.

4. Employment as a member of the Defence Forces involving service in either an Forsa Cosanta Áitiúil or An Slua Muiri for any period not in excess of 21 consecutive days.

SCHEDULE B

GIVEN under the Official Seal of the Minister for Social Welfare, this 3rd day of April, 1995.

PROINSIAS DE ROSSA,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1995 (which provide for the extension of full social insurance to new entrants to the public service with effect from 6th April, 1995) give rise to amendments to certain references in the Social Welfare (Subsidiary Employment's) Regulations, 1991 ( S.I. No. 73 of 1991 ).

These Regulations consolidate the existing provisions relating to subsidiary employments and provide for the necessary amendments to existing references. They specify certain categories of employment as being of a subsidiary nature and not the principal means of livelihood. The employments specified are:

-- employment adopted by a person who is mainly dependent for his livelihood on an employment which is:

* in the service of a spouse,

* by a prescribed relative or

* insurable at the Class B, C, D or H rate of PRSI contribution,

-- employment in connection with Department of Education Examinations or as presiding officer or poll clerk at elections, and

-- employment as a member of the FCA or An Slua Muirí.