Social Welfare (Amendment) Act, 1978
What is this act about?
This law amends existing social welfare legislation to introduce a system of fully pay-related social insurance contributions, including those for occupational injuries. It updates how social welfare contributions are calculated and collected.
Who it applies to: Employed contributors and their employers; Voluntary contributors.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 21
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The calculation and payment rates for employment contributions by both employees and employers.
- The calculation and payment rates for voluntary contributions by voluntary contributors.
- The definition of "reckonable earnings" and "reckonable income" for social welfare purposes.
- The process for the Minister to vary the maximum earnings limit for contributions.
Who does this act apply to?
- Employed contributors and their employers.
- Voluntary contributors.
What are the key points?
- Employment contributions are paid by employed contributors at 3.2% and by their employers at 7.5% of reckonable earnings.
- For the period from April 6, 1979, to April 5, 1980, these rates will be 3.4% for employed contributors and 7.8% for employers.
- No further employment contribution is payable once an employed contributor's reckonable earnings reach £5,000 in a contribution year.
- Voluntary contributions are payable at percentage rates of 1.7%, 4.4%, or 2.7% of reckonable income, depending on the contributor's previous employment type.
Labour law
Legal text
Legal text
Social Welfare (Amendment) Act, 1978 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1978 Social Welfare (Amendment) Act, 1978 Social Welfare (Amendment) Act, 1978 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 25 of 1978 SOCIAL WELFARE (AMENDMENT) ACT, 1978 ARRANGEMENT OF SECTIONS
PART I
Preliminary and General Section
Section 1
Short title, construction and collective citation.
Section 2
Interpretation.
Section 3
Commencement.
PART II
Social Welfare Acts, 1952 to 1978
Section 4
Amendment of section 2 (1) of Act of 1952.
Section 5
Amendment of section 6 of Act of 1952.
Section 6
Regulations relating to contributions and consequential repeals.
Section 7
Regulations regarding liability for contributions.
Section 8
Amendment of section 37 of Act of 1952.
Section 9
Amendment of section 39 of Act of 1952.
Section 10
Supplying by Revenue Commissioners of certain information to Minister.
Section 11
Regulations for calculation of reckonable earnings, employment contributions and voluntary contributions.
Section 12
Regulations requiring employers to keep records.
Section 13
Construction of certain references to certain contributions in the Acts.
Section 14
Repeal of Second Schedule and consequential amendments of Fourth Schedule to Act of 1952.
PART III
Repeal or Amendment of Other Enactments
Section 15
Repeal of certain provisions of Insurance (Intermittent Unemployment) Act, 1942.
Section 16
Amendment of section 36 of Social Welfare (Occupational Injuries) Act, 1966.
Section 17
Construction of references to employment contributions in Social Welfare (Miscellaneous Provisions) Act, 1968.
Section 18
Amendment or repeal of certain provisions of Social Welfare (Pay-Related Benefit) Act, 1973.
PART IV
Miscellaneous Provisions
Section 19
Sanction of Minister for Finance required to certain regulations.
Section 20
Regulations securing continuity of Act with provisions repealed, amended, etc..
Section 21
Removal of difficulties.
Number 25 of 1978 SOCIAL WELFARE (AMENDMENT) ACT, 1978 AN ACT TO PROVIDE, BY AMENDMENT OF THE SOCIAL WELFARE ACTS, 1952 TO 1978, FOR A SYSTEM OF FULLY PAY-RELATED SOCIAL INSURANCE (INCLUDING OCCUPATIONAL INJURIES) CONTRIBUTIONS, TO PROVIDE FOR THE AMENDMENT OF CERTAIN OTHER ENACTMENTS AND FOR OTHER CONNECTED MATTERS. [6th December, 1978] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary and General Short title, construction and collective citation.
1.—(1) This Act may be cited as the Social Welfare (Amendment) Act, 1978.
Interpretation.
2.—(1) In this Act— “the Act of 1952” means the Social Welfare Act, 1952 ; “the Acts” means the Social Welfare Acts, 1952 to 1978; “the Minister” means the Minister for Social Welfare.
Commencement.
3.—This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister made with the consent of the Minister for Finance, either generally or with reference to a particular provision, and different days may be so fixed for different provisions of this Act, or for the same provision in relation to different cases or classes of case.
PART II
Social Welfare Acts, 1952 to 1978 Amendment of section 2 (1) of Act of 1952.
4.—(1) Section 2 (1) of the Act of 1952 is hereby amended by the insertion of the following definition: “‘reckonable earnings’ means, subject to regulations, earnings derived from insurable employment or insurable (occupational injuries) employment;”.
Amendment of section 6 of Act of 1952.
5.—(1) The following is hereby substituted for section 6 (1) of the Act of 1952: “(1) (a) Employment contributions shall be paid by employed contributors and their employers in accordance with this section. (b) Subject to paragraphs (c) and (d) of this subsection, to subsection (10) of this section and to regulations under section 12 of this Act, where in any contribution year a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, there shall be payable an employment contribution comprising— (i) a contribution by the employed contributor at the rate of 3.2 per cent and (ii) a contribution by his employer at the rate of 7.5 per cent of the amount of the reckonable earnings to which such payment relates. (c) Where in a particular contribution year an employed contributor's reckonable earnings have amounted to the sum of £5,000 and contributions under paragraph (b) of this subsection have been paid in respect of those reckonable earnings, no further such contribution shall be payable in respect of any reckonable earnings of that employed contributor in that contribution year. (d) Where in a particular contribution year an employed contributor is employed by two or more employers concurrently (as defined in regulations under section 11 of this Act (inserted by the Social Welfare (Amendment) Act, 1978)), the provisions of paragraph (c) of this subsection shall, in relation to contributions under paragraph (b) (ii) of this subsection, apply to the reckonable earnings from each of the employments separately.”.
Regulations relating to contributions and consequential repeals.
6.—(1) The following section is hereby substituted for section 8 of the Act of 1952: “8.—(1) Regulations may provide for— (a) the time and manner of payment of employment contributions, (b) the collection and the recovery of, and the furnishing of returns by employers in relation to, employment contributions, (c) the charging of interest on arrears of employment contributions, (d) the estimation of amounts due in respect of employment contributions and appeals in relation to such estimates. (e) the furnishing of returns by employers in relation to periods of insurable employment, (f) the deduction by an employer from the reckonable earnings of an employed contributor of any employment contribution reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, (g) any matter ancillary or incidental to any of the matters referred to in any of the preceding paragraphs of this subsection.
Regulations regarding liability for contributions.
7.—The following section is hereby substituted for section 11 of the Act of 1952: “11.—Regulations may— (a) provide for the determination of liability for the payment of employment contributions in the case of a person who works under the general control or management of a person who is not his immediate employer, and (b) determine the circumstances in which a person is to be regarded for the purposes of section 6
Amendment of section 37 of Act of 1952.
8.—Section 37 of the Act of 1952, which relates to voluntary contributors, is hereby amended by the substitution of the following subsection for subsection (1): “(1) Notwithstanding any other provision of this Act, but subject to subsection (2) of this section, a voluntary contributor shall not be entitled to disability benefit, unemployment benefit, maternity benefit, invalidity pension or treatment benefit and, if any voluntary contributions paid by him are at the percentage rate for the time being prescribed under section 6
Amendment of section 39 of Act of 1952.
9.—Section 39 of the Act of 1952 (which relates to the Social Insurance Fund) is hereby amended by the deletion of the provision inserted by section 14
Supplying by Revenue Commissioners of certain information to Minister.
10.—So far as may be necessary for the proper administration of the Acts, information regarding employers and the employment and reckonable earnings of insured persons which is obtained by the Revenue Commissioners in connection with the collection of income tax may be supplied by them to the Minister.
Regulations for calculation of reckonable earnings, employment contributions and voluntary contributions.
11.—(1) For the purposes of the Acts, reckonable earnings may be calculated or estimated, either for a person or a class of persons, in such manner, by reference to such matters and on such basis as may be prescribed.
Regulations requiring employers to keep records.
12.—(1) For the purposes of the Acts, regulations may require employers to keep such records as may be prescribed in relation to the earnings of persons employed by them and the periods during which the persons were employed, and to retain the records for prescribed periods.
Construction of certain references to certain contributions in the Acts.
13.—(1) Every reference in sections 4 (2) and 16 of, and in the Fourth Schedule to, the Act of 1952 to a number of employment contributions paid shall be construed as a reference to that number of contribution weeks for which the appropriate employment contribution (or contributions) was (or were) paid or would have been paid but for section 6 (1) (c) of that Act (inserted by this Act).
Repeal of Second Schedule and consequential amendments of Fourth Schedule to Act of 1952.
14.—(1) The Second Schedule to the Act of 1952, which specifies rates of employment contributions, is hereby repealed.
PART III
Repeal or Amendment of Other Enactments Repeal of certain provisions of Insurance (Intermittent Unemployment) Act, 1942ss.
15.—
Section 30
Amendment of section 36 of Social Welfare (Occupational Injuries) Act, 1966.
16.—(1) The following are hereby substituted for sections 36
(3)
Section 36
of the Social Welfare (Occupational Injuries) Act, 1966 , is hereby amended by— (a) the substitution in subsection (4) of “paragraph (a) (ii)” for “paragraph (b)”, and (b) the deletion of subsection (6).
Construction of references to employment contributions in Social Welfare (Miscellaneous Provisions) Act, 1968.
17.—In section 16
Amendment or repeal of certain provisions of Social Welfare (Pay-Related Benefit) Act, 1973.
18.—(1) In this section “the Act of 1973” means the Social Welfare (Pay-Related Benefit) Act, 1973 .
PART IV
Miscellaneous Provisions Sanction of Minister for Finance required to certain regulations.
19.—The following regulations shall be subject to the sanction of the Minister for Finance— (a) regulations referred to in the definition of “reckonable earnings” in section 2 (1) of the Act of 1952 (inserted by this Act), (b) regulations under section 6 (2), 6 (4), 8 or 11 of the Act of 1952 (inserted by this Act), (c) regulations under section 5 (4), 11, 12, 16 (2) or 20.
Regulations securing continuity of Act with provisions repealed, amended, etc.
20.—(1) The Minister may make regulations for the purpose of securing the continuity of this Act with any provision repealed or amended by this Act or otherwise for the preservation of rights conferred under or by virtue of any of those provisions.
Removal of difficulties.
21.—(1) If in any respect any difficulty arises in the administration or operation of this Act, the Minister may, subject to the sanction of the Minister for Finance, by order do anything further which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of this Act so far as may appear necessary or expedient for carrying the order into effect.
Acts Referred to Income Tax Act, 1967 1967, No. 6 Income Tax Acts Insurance (Intermittent Unemployment) Act, 1942 1942, No. 7 Insurance (Intermittent Unemployment) Acts, 1942 to 1976 Social Welfare Act, 1952 1952, No. 11 Social Welfare (Amendment) Act, 1960 1960, No. 25 Social Welfare Act, 1970 1970, No. 12 Social Welfare Act, 1973 1973, No. 10 Social Welfare (No. 3) Act, 1974 1974, No. 31 Social Welfare Act, 1975 1975, No. 1 Social Welfare Acts, 1952 to 1978 Social Welfare (Miscellaneous Provisions) Act, 1967 1967, No. 18 Social Welfare (Miscellaneous Provisions) Act, 1968 1968, No. 31 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Social Welfare (Pay-Related Benefit) Act, 1973 1973, No. 2 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais