S.I. No. 282/1994 - Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations. 1994.
S.I. No. 282 of 1994. | ||
SOCIAL WELFARE (MISCELLANEOUS SOCIAL INSURANCE PROVISIONS) (NO. 2) 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) and section 42 of that Act (as amended by section 19 of the Social Welfare Act, 1994 (No. 4 of 1994)), hereby makes the following Regulations:— | ||
1 Citation. | 1. These Regulations may be cited as the Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1994. | |
2 Casual employment. | 2. The Social Welfare (Miscellaneous Social Insurance Provisions) (No. 2) Regulations, 1992 ( S.I. No. 448 of 1992 ) are hereby amended by the insertion after article 6 (as amended by the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1993 ( S.I. No. 82 of 1993 )) of the following article: | |
"6A. (1) A person shall be regarded, for the purposes of subsection (1) (d) of section 42 of the Social Welfare (Consolidation) Act, 1993 , as being engaged in casual employment where— | ||
(a) that person is normally employed for periods of less than a week, | ||
(b) the number of days and the days of the week on which that person is employed in each period varies with the level of activity in their employer's business, and | ||
(c) on the termination of each period of employment that person has no assurance of being re-employed with the same employer. | ||
(2) In determining, for the purposes of sub-article (1) of this article, whether a person is engaged in casual employment account shall be taken of the person's employment in the 6 months immediately preceding the first day of that person's claim for benefit: | ||
Provided that where a deciding officer or appeals officer considers that this period is not appropriate to determine whether a person is engaged in casual employment, the officer may have regard to such other period which appears to the said officer to be appropriate for that purpose.". | ||
GIVEN under the Official Seal of the Minister for Social Welfare, this 20th day of September, 1994. | ||
MICHAEL WOODS, | ||
Minister for Social Welfare. | ||
EXPLANATORY NOTE. | ||
Section 19 of the Social Welfare Act, 1994 exempts people engaged in casual employment from the qualifying condition for Unemployment Benefit of having to have sustained a substantial loss of employment. | ||
These Regulations setout the circumstances in which a person will be regarded as being engaged in casual employment. |