Social Welfare (Consolidation) Act, 1981
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FIRST SCHEDULE Employments and Excepted Employments | ||
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PART I Employments | ||
[1952, Sch. 1] | ||
1. Employment in the State under any contract of service or apprenticeship, written or oral, whether expressed or implied, and whether the employed person is paid by the employer or some other person, and whether under one or more employers, and whether paid by time or by the piece or partly by time and partly by the piece, or otherwise, or without any money payment. | ||
2. Employment under such a contract as aforesaid— | ||
(a) as master or a member of the crew of— | ||
(i) any ship registered in the State, or | ||
(ii) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, or | ||
(b) as captain or a member of the crew of— | ||
(i) any aircraft registered in the State, or | ||
(ii) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State. | ||
[1960 MP, s. 14] | ||
3. Employment in the civil service of the Government or the civil service of the State and employment such that the service therein of the employed person is, or is capable of being, deemed under section 24 of the Superannuation Act, 1936 , to be service in the civil service of the Government or the civil service of the State. | ||
4. Employment as a member of the Defence Forces. | ||
5. Employment under any local or other public authority. | ||
6. Employment as a member of the crew of a fishing vessel where the employed person is wholly remunerated by a share in the profits or the gross earnings of the working of the vessel. | ||
7. Employment as an outworker, that is to say, a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last mentioned person. | ||
8. Employment as a court messenger under section 4 of the Enforcement of Court Orders Act, 1926 . | ||
[1960 MP, s. 14] | ||
9. Employment as a trainee midwife, student midwife, pupil midwife, probationary midwife, trainee nurse, student nurse, pupil nurse or probationary nurse. In this paragraph “nurse” includes a nursery or children's nurse. | ||
10. Employment by the Minister as manager of an employment office. | ||
[1972, s. 15] | ||
11. Employment as a member of the Garda Síochána. | ||
[1974 (No. 3), s. 2] | ||
12. Employment as a minister of religion where the employed person— | ||
(a) is remunerated by stipend, salary or similar payment, and | ||
(b) is a member of a class of persons in respect of which the Minister is satisfied and so certifies that an appropriate authority or body acting on behalf of the members of that class has represented to him in writing that the services rendered or duties performed by the persons in that class and the conditions of appointment and other relevant circumstances pertaining thereto are such that having regard to other occupations which are insurable employments, it is unreasonable that the employment of members of that class should not be insurable employment. | ||
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PART II Excepted Employments | ||
1. Employment in the service of the husband or wife of the employed person. | ||
2. Employment of a casual nature otherwise than for the purposes of the employer's trade or business, and otherwise than for the purposes of any game or recreation where the persons employed are engaged or paid through a club. | ||
3. Employment by a prescribed relative of the employed person, being either employment in the common home of the employer and the employed person or employment specified by regulations as corresponding to employment in the common home of the employer and the employed person. | ||
4. Employment specified in regulations as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood. | ||
5. Employment specified in regulations as being of inconsiderable extent. | ||
6. Employment under any local or other public authority— | ||
(a) as a coroner or a deputy coroner; | ||
(b) as a public analyst; | ||
(c) as a superintendent registrar or registrar of births, deaths and marriages or as a deputy, assistant or interim superintendent registrar or registrar in such matters; | ||
(d) in the execution of contracts (not being employment within the meaning of the previous subparagraphs of this paragraph) other than | ||
(i) contracts of service or apprenticeship; | ||
(ii) contracts for services where the employment is of one person and is by way of manual labour and personal service is given by the employed person. | ||
[1974 (No. 3), s. 2] | ||
7. Employment other than employment specified in paragraph 12 of Part I of this Schedule where the employed person is a person in Holy Orders or other minister of religion or a person living in a religious community as a member thereof. | ||
8. Employment as a registered or provisionally registered medical practitioner. | ||
9. Employment as a registered dentist. | ||
10. Employment by the Minister as manager of an employment office where— | ||
(a) the employment involves attendance for less than 18 hours in a contribution week, or | ||
(b) the person employed is not mainly dependent for his livelihood on the earnings derived by him from such employment. |