Social Welfare (Consolidation) Act, 1981
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Insurable (occupational injuries) employment. [1966 OI, s. 3] |
38.—(1) Any reference in this Act to insurable (occupational injuries) employment shall, subject to the following subsections, be construed as a reference to any employment for the time being specified in Part I of the First Schedule , not being an employment specified in Part II of that Schedule. | |
(2) (a) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part I of the First Schedule — | ||
(i) employment in the State in plying for hire with any vehicle, vessel, aircraft, machine or animal, the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise, | ||
(ii) employment under any contract of service or apprenticeship entered into in the State (otherwise than as captain, master or a member of the crew) on board a ship or aircraft, being employment for the purpose of the ship or aircraft or of any passengers or cargo or mails carried by the ship or aircraft, and | ||
(iii) employment in the State as a member or as a person training to become a member of any such fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, as may be prescribed, or of any such similar organisation as may be prescribed. | ||
(b) In paragraph (a) (ii)— | ||
“ship” means— | ||
(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; | ||
“aircraft” means— | ||
(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. | ||
(3) For the purposes of this section, the following employments shall be taken as being added to the employments specified in Part II of the First Schedule — | ||
(a) employment as a member of the Defence Forces, | ||
(b) employment, which is neither wholetime as may be defined in regulations nor under contract of service, 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, | ||
(c) employment, otherwise than under contract of service or apprenticeship, as an outworker, | ||
(d) employment under any local or other public authority in the execution of any contract for services, | ||
[1972, s. 15] | ||
(e) employment as a member of the Garda Síochána, and | ||
[1974 (No. 3), s. 4] | ||
(f) employment specified in paragraph 12 of Part I of the First Schedule . | ||
(4) For the purposes of this section, paragraph 2 of Part II of the First Schedule shall be taken as not including employment of a casual nature for the purposes of any work in or about the residence of the employer. | ||
(5) For the purposes of this section, paragraphs 6, 8 and 9 of Part II of the First Schedule shall be taken as not including employment under any contract of service or apprenticeship. | ||
(6) For the purposes of this section, a pilot to whom the Pilotage Act, 1913 , applies shall, when employed on any ship as defined in subsection (2) (b), be deemed to be a member of the crew of that ship. | ||
(7) The Minister may, in relation to paragraphs 4 and 5 of Part II of the First Schedule , by regulations provide that an employment specified as being subsidiary employment or an employment specified as being of inconsiderable extent shall be taken for the purposes of this section as not being so specified. | ||
(8) The Minister may by regulations provide that any specified employment under any local or other public authority shall be taken for the purposes of this section as being added to Part II of the First Schedule . | ||
(9) Where it appears to the Minister— | ||
(a) that the nature or other circumstances of the service rendered or the work performed in any employment which, apart from this subsection, is insurable (occupational injuries) employment and in any employment which, apart from this subsection, is not such employment (whether by reason of the fact that it is an excepted employment or otherwise) are so similar as to result in anomalies in the operation of this Part, and | ||
(b) that either— | ||
(i) the first-mentioned employment can conveniently be included among the excepted employments, or | ||
(ii) the second-mentioned employment can conveniently be included among the insurable (occupational injuries) employments, | ||
the Minister may by regulations provide that the employment shall be so included. | ||
(10) The Minister may by regulations modify the provisions of this Part in its application in the case of persons employed in employments specified in subsection (2) (a) (ii). | ||
[1967 MP, s. 16] | ||
(11) A person who is unemployed shall, while in attendance at a course of training provided or approved of by An Chomhairle Oiliúna, be deemed for the purposes of this Part to be in insurable (occupational injuries) employment and to be employed by An Chomhairle Oiliúna. |