In short
This law amends and expands existing social welfare legislation, primarily by introducing specific rules for participants in the Social Employment Scheme and making changes to provisions related to unemployment and contributions.
What it regulates
- Disqualification for unemployment benefits for those in the Social Employment Scheme.
- Insurability for occupational injuries for participants in the Social Employment Scheme.
- The definition of "intermittent unemployment" and associated contribution liabilities.
- Repayment of supplementary benefit by the Minister to employers.
- Payments into and out of the Fund from moneys provided by the Oireachtas.
Who it concerns
- Individuals employed under the Social Employment Scheme administered by the Department of Labour.
- Employers who pay supplementary benefits.
- The Minister and the Oireachtas regarding the Social Welfare Fund.
Key points
- A person is disqualified from receiving unemployment benefit during any week they are employed under the Social Employment Scheme.
- Employment under the Social Employment Scheme is considered insurable for occupational injuries.
- "Intermittent unemployment" due to unavoidable inclement weather only applies to stoppages occurring on or before January 6, 1985.
- No weekly contribution for intermittent unemployment is payable for any calendar week commencing on or after January 7, 1985.
- Applications for repayment of supplementary benefit by employers must be made not later than March 29, 1985.
- If the Fund is insufficient for the financial year ending December 31, 1985, the deficit will be paid from moneys provided by the Oireachtas.
- Any income accruing to the Fund after December 31, 1985, shall be paid into the Exchequer.
đ Legal text
Social Welfare (Amendment) Act, 1984
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1984
Social Welfare (Amendment) Act, 1984
Social Welfare (Amendment) Act, 1984
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Number 27 of 1984
SOCIAL WELFARE (AMENDMENT) ACT, 1984
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Disqualification Part II, Chapter 4.
3.
Insurable (occupational injuries) employment.
4.
Disqualification Part III, Chapter 2.
5.
Intermittent unemployment.
6.
Liability for contributions.
7.
Repayment by Minister of benefit paid by employers.
8.
Payments into Fund from moneys provided by Oireachtas.
9.
Amendment of Part II of First Schedule to Principal Act (Excepted Employments).
10.
Short title, construction and collective citation.
Act Referred to
Social Welfare (Consolidation) Act, 1981
1981, No. 1
Number 27 of 1984
SOCIAL WELFARE (AMENDMENT) ACT, 1984
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 to 1984. [26th December, 1984]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.âIn this Act âthe Principal Actâ means the
Social Welfare (Consolidation) Act, 1981
.
Disqualification Part II, Chapter 4.
2.âSection 35 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:
â(2A) A person shall be disqualified for receiving unemployment benefit during any week in which he is employed under a scheme administered by the Department of Labour and known as the Social Employment Scheme.â.
Insurable (occupational injuries) employment.
3.âSection 38 of the Principal Act is hereby amended by the insertion after subsection (11):
â(12) A person employed under a scheme administered by the Department of Labour and known as the Social Employment Scheme shall be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment.â.
Disqualification Part III, Chapter 2.
4.âSection 142 of the Principal Act is hereby amended by the insertion in subsection (1) after paragraph (d) of the following paragraph:
âor
(e) while he is employed during any week under a scheme administered by the Department of Labour and known as the Social Employment Scheme.â.
Intermittent unemployment.
5.âSection 233 of the Principal Act is hereby amended by the substitution for the definition of âintermittent unemploymentâ of the following definition:
ââintermittent unemploymentâ means unemployment and consequent loss of wages due to stoppage of work in an insurable employment whichâ
(a) is unavoidable owing to inclement weather, and
(b) occurs on or before the 6th day of January, 1985,
and the expression âintermittently unemployedâ shall be construed accordingly;â.
Liability for contributions.
6.âSection 241 of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection:
â(5) No weekly contribution shall be payable pursuant to subsection (3) in respect of any calendar week which commences on or after the 7th day of January, 1985.â.
Repayment by Minister of benefit paid by employers.
7.âThe Principal Act is hereby amended by the substitution for section 257 of the following section:
â257.âThe amount of any supplementary benefit duly paid in accordance with this Part by an employer shall be repaid to him by the Minister out of the Fund on application being made, in such manner as may be prescribed and not later than the 29th day of March, 1985, by the employer for such repayment.â.
Payments into Fund from moneys provided by Oireachtas.
8.âSection 269 of the Principal Act is hereby amended by the insertion after subsection (7) of the following subsections:
â(8) If, in respect of the financial year ending on the 31st day of December, 1985, the Fund is insufficient to discharge the liabilities imposed on it, the amount by which the Fund is so insufficient shall be paid into the Fund out of moneys provided by the Oireachtas and any amount so payable shall be paid in such manner and at such times as the Minister for Finance may determine.
(9) Any income accruing to the Fund after the 31st day of December, 1985, shall be paid into the Exchequer in such manner and at such times as the Minister for Finance may determine.â.
Amendment of Part II of First Schedule to Principal Act (Excepted Employments).
9.âPart II of the First Schedule to the Principal Act is hereby amended by the insertion after paragraph 10 of the following paragraph:
â11.âEmployment under a scheme administered by the Department of Labour and known as the Social Employment Scheme.â.
Short title, construction and collective citation.
10.â(1) This Act may be cited as the Social Welfare (Amendment) Act, 1984.
(2) The Social Welfare Acts, 1981 to 1984, and this Act shall be construed together as one.
(3) The collective citation âthe Social Welfare Acts, 1981 to 1984â 40 shall include this Act.
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