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Social Welfare (No. 3) Act, 1974

In short

This law amends existing social welfare legislation, primarily by changing what types of employment are considered insurable and adjusting related contribution rates and benefit conditions. It specifically addresses the social welfare coverage for ministers of religion.

What it regulates

  • The definition of insurable employment under the Social Welfare Act, 1952.
  • The types of employment for which social welfare regulations can be modified.
  • The rates of ordinary and special employment contributions payable by employed contributors and employers.
  • The contribution conditions required for disability benefit and unemployment benefit.

Who it concerns

  • Ministers of religion.
  • Employed contributors and their employers.
  • Individuals claiming disability benefit or unemployment benefit.

Key points

  • Employment as a minister of religion can now be insurable if they are remunerated by stipend, salary, or similar payment, and if an appropriate authority certifies that their employment should be insurable.
  • Special rate employment contributions are introduced for ministers of religion, with the employed contributor paying £1.02 and the employer paying £1.46.
  • For disability or unemployment benefit, a claimant needs at least twenty-six employment contributions paid between their entry into insurance and the claim day, and at least forty-eight contributions paid or credited in the last complete contribution year.
  • Certain employment contributions, specifically those under paragraphs 3, 3A or 8 of the Second Schedule, are disregarded when determining unemployment benefit eligibility.
Legal text
Legal text

Social Welfare (No. 3) Act, 1974 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.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1974 Social Welfare (No. 3) Act, 1974 Social Welfare (No. 3) Act, 1974 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 31 of 1974 SOCIAL WELFARE (NO. 3) ACT, 1974 ARRANGEMENT OF SECTIONS Section 1. Definition. 2. Amendment of First Schedule to Principal Act. 3. Miscellaneous amendments of Principal Act consequential on section 2. 4. Amendment of section 3

(3)of Social Welfare (Occupational Injuries) Act, 1966 (excepted employments).
  1. Short title, construction and collective citation. Acts Referred to Social Welfare Act, 1952 1952, No. 11 Social Welfare Act, 1972 1972, No. 15 Social Welfare Act, 1970 1970, No. 12 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Number 31 of 1974 SOCIAL WELFARE (NO. 3) ACT, 1974 AN ACT TO AMEND THE SOCIAL WELFARE ACTS, 1952 TO
  2. [24th December, 1974] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definition. 1.—In this Act “the Principal Act” means the Social Welfare Act, 1952 . Amendment of First Schedule to Principal Act. 2.—
(1)The First Schedule to the Principal Act is hereby amended by the insertion of the following paragraph after paragraph 11 (inserted by section 15 of the Social Welfare Act, 1972 ) of Part I: “12. Employment as minister of religion where the employed person— (
  1. a)is remunerated by stipend, salary or similar payment, and (
  2. b)is a member of a class of persons in respect of which the Minister is satisfied and so certifies that an appropriate authority or body acting on behalf of the members of that class has represented to him in writing that the services rendered or duties performed by the persons in that class and the conditions of appointment and other relevant circumstances pertaining thereto are such that having regard to other occupations which are insurable employments, it is unreasonable that the employment of members of that class should not be insurable employment.”
(2)Part II of the First Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 8 (inserted by the Social Welfare (Insurance Inclusions and Exclusions) Regulations, 1952 (S.I. No. 373 of 1952)): “
  1. Employment other than employment specified in paragraph 12 of Part I of this Schedule where the employed person is a person in Holy Orders or other minister of religion or a person living in a religious community as a member thereof.” Miscellaneous amendments of Principal Act consequential on section
  2. 3.—
(1)Section 12 of the Principal Act is hereby amended by the substitution of the following subsection for subsection
(1): “
(1)Regulations may modify the provisions of this Act in their application in the case of— (
  1. a)persons employed in any of the employments specified in paragraphs 2, 3, 4, 5, 6, 7 and 12 of Part I of the First Schedule to this Act, or (
  2. b)persons employed in a statutory transport undertaking, or (
  3. bb)persons employed as teachers in comprehensive schools established by the Minister for Education, or (
  4. c)persons employed as teachers in national schools under the Rules and Regulations for National Schools, or (
  5. cc)persons employed as teachers in training colleges recognised by the Minister for Education for teachers in national schools, or (
  6. d)persons employed as teachers in secondary schools recognised by the Minister for Education under the Rules and Programme for Secondary Schools, or (
  7. dd)persons employed as teachers in domestic science training colleges recognised by the Minister for Education, or (
  8. e)persons employed as members of the Army Nursing Service, or (
  9. f)persons employed in voluntary hospitals to which grants are paid from the Hospitals Trust Fund in recoupment of revenue deficits, or (
  10. g)persons employed by voluntary organisations which are providing district nursing services, or (
  11. h)persons employed as members of the Garda Síochána.”
(2)The Second Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 1: “1. Except in the cases referred to in paragraphs 2, 2A, 3, 3A, 4, 5, 6, 7 and 8 of this Schedule, there shall be ordinary rate employment contributions as follows: (
  1. a)payable by the employed contributor: £1.24 in the case of a male contributor and £1.18 in the case of a female contributor. (
  2. b)payable by the employer: £1.63 in the case of a male employed contributor and £1.61 in the case of a female employed contributor.”
(3)The Second Schedule to the Principal Act is hereby amended by the insertion of the following paragraph after paragraph 7 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956 (S.I. No. 236 of 1956)): “8. In case the employment is an employment specified in paragraph 12 of Part I of the First Schedule to this Act there shall be special rate employment contributions as follows:— £ (a) payable by the employed contributor: 1.02 (b) payable by the employer: 1.46”.
(4)The Fourth Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 1: “1. Disability benefit or unemployment benefit. The contribution conditions for disability benefit or unemployment benefit are:— (
  1. a)that not less than twenty-six employment contributions have been paid in respect of the claimant in respect of the period between the claimant's entry into insurance and the day for which the benefit is claimed, and (
  2. b)that not less than forty-eight employment contributions have been paid in respect of or credited to the claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, but, as respects unemployment benefit, employment contributions under paragraph 3, 3A or 8 of the Second Schedule to this Act paid in respect of the claimant shall be disregarded in determining for the purposes of each of the foregoing conditions the number of employment contributions which have been paid in respect of the claimanth.”
(5)Paragraphs 7 and 9 (inserted by section 18 of the Social Welfare Act, 1970 ) of the Fourth Schedule to the Principal Act are hereby amended by the substitution of the following for the last sentence in each of those paragraphs: “For the purpose of determining whether the conditions contained in this paragraph are satisfied— (
  1. i)a person shall be treated as having entered into insurance when (and only when) he has become for the first time an employed contributor in respect of whom employment contributions are payable under paragraphs 1, 2, 2A, 3, 3A, 6, 7 or 8 of the Second Schedule to this Act, and (
  2. ii)contributions under paragraphs 4 and 5 (inserted by the Social Welfare (Modifications of Insurance) Regulations, 1956 (S.I. No. 236 of 1956)) of that Second Schedule shall be disregarded.” Amendment of section 3
(3)of Social Welfare (Occupational Injuries) Act, 1966 (excepted employments). 4.— Section 3
(3)of the Social Welfare (Occupational Injuries) Act, 1966 , which specifies employments to be taken to be added for the purpose of insurable (occupational injuries) employment to those specified as being excepted employments in Part II of the First Schedule to the Principal Act, is hereby amended by the insertion of the following after subparagraph (e) (inserted by section 15
(2)of the Social Welfare Act, 1972 ): “(f) employment specified in paragraph 12 (inserted by the Social Welfare (No. 3) Act, 1974) of Part I of the First Schedule to the Social Welfare Act, 1952 .” Short title, construction and collective citation. 5.—
(1)This Act may be cited as the Social Welfare (No. 3) Act, 1974.
(2)This Act shall be construed as one with the Social Welfare Acts, 1952 to 1974, and shall be included in the collective citation, the Social Welfare Acts, 1952 to 1974. 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

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