S.I. No. 443/2016 - Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 1) (Paternity Benefit) Regulations 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th August, 2016.

I, LEO VARADKAR, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 186 of 2010 )), 25 (5) and 33 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 1) (Paternity Benefit) Regulations 2016.

(2) These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 to 2015 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 to 2016.

Definition

2. In these Regulations “Principal Regulations” means the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ).

Consequential amendments to Principal Regulations

3. The Principal Regulations are amended in the manner specified in the Schedule.

SCHEDULE

Article 3

Miscellaneous amendments to Principal Regulations

Item number	Provision affected	Amendment
1	Article 37	Is amended by the substitution of “maternity benefit, adoptive benefit, paternity benefit” for “maternity benefit”.
2	Article 58	Is amended— (a) in paragraph (b) of sub-article (1), by the substitution of “adoptive benefit, paternity benefit” for “adoptive benefit”, and (b) in sub-article (5), by the substitution of “, maternity benefit, health and safety benefit, adoptive benefit or paternity benefit” for “or maternity benefit”.
3	Article 59(6)	Is amended by the substitution of “maternity benefit or paternity benefit” for “or maternity benefit”.
4	Article 63(3)	Is amended by the substitution of “adoptive benefit, paternity benefit” for “adoptive benefit”.
5	Article 63C	Is amended— (a) in sub-article (1)— (i) in paragraph (b), by the substitution of “(No. 34 of 1994),” for “(No. 34 of 1994), or”, (ii) in paragraph (c), by the substitution of “(No. 2 of 1995), or” for “(No. 2 of 1995).”, and (iii) by the insertion of the following paragraph after paragraph (c): “(d) paternity leave under Part 2 of the Paternity Leave and Benefit Act 2016 (No. 11 of 2016).”, and (b) in sub-article (3), by the substitution of “, adoptive benefit or paternity benefit” for “or adoptive benefit”.
6	Article 64(2)	Is amended by the substitution of “health and safety benefit, adoptive benefit, paternity benefit” for “adoptive benefit”.

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GIVEN under my Official Seal,

3 August 2016.

LEO VARADKAR,

Minister for Social Protection.

EXPLANATORY NOTE

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

The Paternity Leave and Benefit Act 2016 provides for 2 weeks of paternity leave and an associated social welfare benefit. Part 5 of that Act amends the Social Welfare Consolidation Act 2005 to provide for the new social welfare payment to be known as paternity benefit.

These Regulations, which come into effect from 1 September 2016, provide for a number of consequential amendments to the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) to make reference to the new scheme.

In addition, the Regulations provide for a number of miscellaneous amendments to update references to existing schemes.