S.I. No. 312/1991 - Social Welfare Act, 1991 (Section 26) Order, 1991.

Title

(1)

Modification

(2)

Subsections (14) and (15) of section 79 of the Act of 1981 (inserted by section 23 of the Act of 1991).

79—(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities, or by virtue of a reciprocal arrangement under the provisions of section 307 and who in respect of any period have been employed mainly in one or more of the employments specified in Article 5 (1), 6 (1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ).

(15) Regulations for the purposes of subsection (14) shall provide that an old age (contributory) pension payable by virtue thereof shall—

( a ) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) self-employment contributions paid by him, and

(iii) voluntary contributions paid by him, reckonable for old age (contributory)pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

( b ) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.

Subsections (6) and (7) of section 84 of the Act of 1981 (inserted by section24 of the Act of 1991).

84.—(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities, or by virtue of a reciprocal arrangement under the provisions of section 307 and who in respect of any period have been employed mainly in one or more of the employments specified in Article 5 (1), 6 (1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ).

(7) Regulations for the purposes of subsection (6) shall provide that a retirement pension payable by virtue thereof shall—

( a ) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) voluntary contributions paid by him, reckonable for retirement pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

( b ) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.

Paragraph (b) of subsection (1) of section 27 of the Act of 1991.

27.—(1) ( b ) A person who fails to satisfy the contribution condition set out in subsection (1) (c) of section 79 of the Principal Act or in subsection (1) (c) of section 84 of the said Act and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5 (1), 6 (1) or 7 (1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and

(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, were paid in respect of or credited to him.