S.I. No. 323/1999 - Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 4) (Credited Contributions) Regulations, 1999.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 and 27 (as amended by section 24 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (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) (No. 4) (Credited Contributions) Regulations, 1999.

(2) These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 1999 shall be construed together as one and may be cited as the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 1999.

Credited contributions.

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

(a) the insertion in article 57 after sub-article (3) of the following sub-articles:

“(4) In the case of an insured person who is in receipt of carer's allowance, in determining for the purposes of sub-article (1) whether there have been any two complete consecutive contribution years where there are no employment contributions paid or credited in respect of him or her, periods spent as a homemaker within the meaning of section 83(2) prior to receipt of carer's allowance shall be disregarded.

(5) In the case of an insured person in respect of whom days of incapacity are duly notified or days of unemployment are proven and in either of the two complete contribution years immediately preceding the first day of the incapacity or unemployment the person was credited with employment contributions by virtue of having periods disregarded under sub-article (4), such periods shall continue to be disregarded in determining for the purposes of sub-article (1) whether there have been any two complete consecutive contribution years where there are no employment contributions paid or credited in respect of him or her.”, and

(b) the substitution for paragraph (b) of article 58(1) of the following paragraph:

“(b) in respect of any contribution week in which an insured person is in receipt of maternity benefit, health and safety benefit, adoptive benefit, invalidity pension, pre-retirement allowance, carer's allowance and disability allowance,”.

EXPLANATORY NOTE.

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

These Regulations provide for the award of credited contributions in respect of claimants of Carer's Allowance who have left insurable employment to engage in caring duties.

The Regulations also provide that periods spent as a Homemaker prior to receipt of Carer's Allowance may be disregarded for the purposes of determining a carer's entitlement to credited contributions. This will also apply where such persons subsequently claim Unemployment Benefit or Assistance or Disability Benefit.