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S.I. No. 75/2003 -- Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2003

S.I. No. 75/2003 -- Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2003 2003 75

S.I. No. 75 of 2003 .

SOCIAL WELFARE (CONSOLIDATED CONTRIBUTIONS AND INSURABILITY) (AMENDMENT) (CREDITED CONTRIBUTIONS) REGULATIONS, 2003.

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ( section 24 of the Social Welfare Act, 1996 ( No. 7 of 1996 )) of No. 27 of 1993 ), hereby makes the following Regulations:

Citation and construction.

1. (1)  These Regulations may be cited as the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2003.

 (2)  These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2002 shall be construed together as one and may be cited as the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2003.

Credited contributions.

2.  The Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 )) are amended by --

(a)  the substitution for sub-article (1) of article 63B (inserted by article 3 of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2001 ( S.I. No. 76 of 2001 )) of the following sub-article:

“(1) Subject to article 63D, employment contributions shall be credited to an insured person in respect of each contribution week during which he or she avails of additional maternity leave under sections 14 or 16(4) of the Maternity Protection Act, 1994 (No. 34 of 1994) (as amended by the Maternity Protection Act, 1994 (Extension of Periods of Leave) Order, 2001 ( the Adoptive Leave Act, 1995 (No. 2 of 1995) (as amended by the Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order, 2001 ( S.I. No. 30 of 2001 ).”,

(b)  the insertion after article 63B (inserted by article 3 of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2001 ( S.I. No. 76 of 2001 )) of the following articles:

“Credits in respect of a period of leave.

63C. (1)  Subject to article 63D, employment contributions shall be credited to an insured person in respect of each contribution week during which he or she avails of -

(a)  carer’s leave under Part 2 of the Carer’s Leave Act, 2001 ( No. 19 of 2001 ),

(b)  maternity leave under Part II of the Maternity Protection Act, 1994 (No. 34 of 1994) , or

(c)  adoptive leave under Part II of the Adoptive Leave Act, 1995 (No. 2 of 1995) .

 (2)  Subject to articles 40 and 49 of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 )), an employment contribution credited to an insured person, by virtue of this article, in respect of whom the last previous contribution payable was -

(a)  a contribution at the rate specified in articles 81 (2) (a), 82 (2) (a) or 83 (2) (a), or

(b)  a voluntary contribution at the rate specified in section 22 (1) (b) (i),

shall be reckoned only for the purposes of widow’s (contributory) pension, widower’s (contributory) pension or bereavement grant.

 (3)  An employment contribution shall be credited to an insured person in accordance with this article only where an employment contribution is not credited to him or her in respect of carer’s benefit, carer’s allowance, maternity benefit or adoptive benefit.

63D.  An employment contribution shall only be credited to an insured person in accordance with articles 63A, 63B and 63C where an employment contribution is not credited to him or her in respect of a duly notified day of incapacity for work.”.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs, this 25th day of February 2003.

MARY COUGHLAN

Minister for Social and Family Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide that an employment contribution will be credited to an insured person for each week during which he or she avails of carer's leave, under the terms of the Maternity Protection Act, 1994 or adoptive leave under the terms of the Adoptive Leave Act, 1995 , where he or she is not entitled to receive either Carer's Benefit Carer's Allowance, Maternity Benefit or Adoptive Benefit.

The Regulations also provide that employment contributions will be credited to insured persons who avail of additional unpaid adoptive leave under the terms of the Adoptive Leave Act, 1995 . This is similar to the provisions which apply to additional unpaid maternity leave.

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