Social Welfare (Consolidated Contributions and Insurability) Regulations 1996
S.I. No. 312 of 1996
SOCIAL WELFARE (CONSOLIDATED CONTRIBUTIONS AND INSURABILITY) REGULATIONS 1996
REVISED
Updated to 1 January 2025
This Revised Statutory Instrument is an administrative consolidation of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Family Courts Act 2024 (48/2024), enacted 13 November 2024, and all statutory instruments up to and including the Physiotherapists Registration Board Conditions for Registration in the Referral for Radiological Diagnostic Procedures Division Bye-Law 2025 (S.I. No. 3 of 2025), made 7 January 2025, were considered in the preparation of this Revised Statutory Instrument.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
S.I. No. 312 of 1996
SOCIAL WELFARE (CONSOLIDATED CONTRIBUTIONS AND INSURABILITY) REGULATIONS 1996
REVISED
Updated to 1 January 2025
ARRANGEMENT OF ARTICLES
PART I
Preliminary
1 |
Citation. |
2 |
Commencement. |
3 |
Definitions. |
4 |
Interpretation. |
5 |
Revocations. |
PART II
CONTRIBUTORS AND COLLECTION OF CONTRIBUTIONS
Preliminary
6 |
Definitions. |
CHAPTER 1
Payment of Contributions and Related Matters
7 |
Deduction of contributions by employers from earnings and emoluments. |
8 |
Remittance of contributions by employer. |
8A |
Prescribed manner for remittance of certain contributions in respect of share-based remuneration. |
9 |
Time limit for payment of contributions. (Deleted) |
10 |
Charging of interest on arrears of contributions. |
11 |
Estimation by inspector of taxes of contributions due. |
12 |
Estimation by social welfare inspector and deciding officer of contributions due. |
13 |
Notification to Revenue of payment to contributor. |
13A |
Electronic system. |
14 |
Return by employer of special contributors to Department at the end of contribution year. |
15 |
Issuing of certificate by employer to a special contributor at the end of contribution year. |
16 |
Issuing of certificate by employer to a special contributor on cessation of employment. |
17 |
Maintaining records. |
18 |
Inspection of records by contributor. |
19 |
Inspection of employer's records by authorised officer. |
20 |
Furnishing of information to social welfare inspector. |
CHAPTER 1A
Payment of Certain Self-Employment Contributions and Related Matters
20A |
Remittance of certain self-employment contributions to the Minister. |
20B |
Time limit for payment of contributions. |
20C |
Charging of interest on arrears of certain self-employment contributions unpaid. |
20D |
Estimation by social welfare inspector and deciding officer of contributions due. |
20E |
Return by self-employed contributors to the Minister at end of contribution year. |
20F |
Furnishing information to social welfare inspector. |
20G |
Collection of self-employment contributions in certain circumstances. |
CHAPTER 2
Self-Employed Contributors
21 |
Commencement as self-employed contributor. |
22 |
Cessation as self-employed contributor. |
23 |
Concurrent employment and self-employment. |
24 |
Self-employed contributor with reckonable income and reckonable emoluments. (Deleted) |
25 |
Change of contributor status (payment of contributions). |
26 |
Assignment of contribution weeks. |
27 |
Attribution of Self-Employment Contributions. |
27A |
Exclusions from reckonable income. (Deleted) |
CHAPTER 3
Voluntary Contributors
28 |
Application to become voluntary contributor. |
29 |
Commencement as voluntary contributor. |
30 |
Evidence of reckonable income. |
31 |
Determination of reckonable income for persons becoming or ceasing as voluntary contributors. |
32 |
Minimum rate of voluntary contribution (former employed contributors). (Deleted) |
33 |
Manner of payment of voluntary contributions. |
34 |
Time limit for payment of voluntary contributions. |
34A |
Refund of voluntary contributions paid outside specified periods. |
35 |
Voluntary contributions paid after due date. (Deleted) |
36 |
Refund of voluntary contributions. (Deleted) |
37 |
Saver of rights of previously employed contributor. |
CHAPTER 4
Special Contributors
38 |
Concurrent employment by two or more employers. (Deleted) |
39 |
Intermediate employers. |
40 |
Notification of information regarding special contributors. |
41 |
Treating deductions from earnings as payment to special contributor. |
CHAPTER 5
Optional Contributors
42 |
Application to become optional contributor. |
43 |
Information to be given when applying to become optional contributor. |
44 |
Information to be supplied by optional contributor. |
45 |
Payment of optional contributions. |
46 |
Manner of payment of optional contributions. |
47 |
Refund of optional contributions. |
48 |
Determination of optional contributions in certain circumstances. |
49 |
Optional contributor and employed contributor in same contribution year (assignment of contribution weeks). |
CHAPTER 6
Miscellaneous Provisions
50 |
Calculation of contributions. |
50A |
Excepted emoluments. |
50B |
Exclusions from reckonable income. |
51 |
Concurrent employment (employed contributor). (Deleted) |
52 |
Returns to Collector-General by employers of casual employees. (Deleted) |
53 |
Assignment of prosecution function to Collector-General. |
54 |
Application of Principal Act. |
55 |
Breach of regulations. |
PART III
CONTRIBUTIONS
CHAPTER 1
Credited Contributions
56 |
Pre-entry and change of status credits. |
57 |
Restriction on the grant of credits. |
58 |
Credits in respect of days of incapacity for work, of proved unemployment and on receipt of certain social welfare payments. |
59 |
Credits on receipt of prescribed relative's allowance and State pension (transition). |
59A |
Homemaker credits. |
60 |
Attendance at course of training provided or approved by FAS. |
61 |
Community employment. |
62 |
Participation in approved course of training etc. |
63 |
Credits on ceasing attendance at course of study. |
63A |
Credits on cessation of a period of parental leave. |
63B |
Credits on cessation of a period of additional maternity leave. |
63C |
Credits in respect of a period of leave. |
63D |
Limitation - articles 63A, 63B and 63C. |
64 |
Volunteer development workers. |
65 |
Employment as officer or member of Reserve Defence Force. |
65A |
Members of a local authority. |
66 |
Definition of day of incapacity for work and of unemployment. |
67 |
Notice and evidence for the purposes of credits. |
68 |
Reference to contributions paid or credited to be construed as a reference to contribution weeks. |
69 |
Decision that insured person is not incapable of work. |
70 |
Contributions paid after the due date. |
CHAPTER 2
Return of Contributions
71 |
Disposal of contributions improperly paid. |
71A |
Return of certain contributions in respect of share-based remuneration. |
71B |
Return of contributions in respect of shares forfeited. |
72 |
Refund of contributions paid in error. |
72A |
Return of employment contributions in respect of certain seafarers. |
72B |
Return of contributions — maintenance arrangements. |
72C |
Refund of contribution - payments to personal pensions. |
73 |
Refund of employment contributions paid in respect of State pension (transition) to employed contributors and formerly employed voluntary contributors. |
74 |
Amount of refund of employment contributions paid in respect of State pension (transition). |
75 |
Refund of contributions paid in respect of State pension (contributory) to employed contributors and formerly employed voluntary contributors. |
76 |
Amount of refund of employment contributions paid in respect of State pension (contributory). |
77 |
Refund of contributions paid in respect of State pension (contributory) to self-employed contributors and formerly self-employed voluntary contributors. |
77A |
Refund of contributions paid in respect of State pension (contributory) to self-employed contributors and formerly self-employed voluntary contributors aged 56 years on 6 April, 1988. |
78 |
Restriction on return of contributions. |
79 |
Distribution of refunds of contributions on death. |
80 |
Interest on refunds. |
PART IV
INSURABILITY
CHAPTER 1
Modifications of Insurance
81 |
Civil servants and members of the Garda Síochána. |
82 |
Commissioned army officers and members of army nursing service. |
83 |
Certain public service employees. |
83A |
Certain former employees of An Post. |
84 |
Continuation of modified rate on changing employment. |
85 |
Entitlement to bereavement grant. |
86 |
Application of modified rate in the case of persons employed as ministers of religion. |
87 |
Non-commissioned army officers and enlisted personnel of the Defence Forces. |
88 |
Persons in insurable (occupational injuries) employment. |
CHAPTER 2
Subsidiary employments and employment of inconsiderable extent
89 |
Subsidiary employments. |
90 |
Subsidiary employments. |
91 |
Application of Chapter 2. |
CHAPTER 3
Miscellaneous
92 |
Prescribed level of income for excepted self-employed contributor. |
93 |
Employment by a prescribed relative. |
94 |
Excepted self-employed contributors (prescribed relatives). |
95 |
Notification to employer by person in concurrent employment. |
96 |
Persons treated as employers. |
97 |
Exemption from liability to pay employment contributions for persons temporarily employed in the State. |
98 |
Payment of contributions while employed outside of the State. |
99 |
Exemption for liability to pay contributions in the case of certain volunteer development workers. |
100 |
Election to become an employed contributor. (Deleted) |
101 |
Treating certain employments at sea as insurable employment. |
102 |
Agreement entered into under specified provision of Act of 1997. |
SCHEDULE A
Amount of refund of contributions paid in respect of State pension (transition) where the contribution was due prior to 6 April, 1982.
SCHEDULE B
Amount of refund of contributions paid in respect of State pension (contributory) where the contribution was due prior to 6 April, 1982.
SCHEDULE C
Subsidiary Employment
SCHEDULE D
Persons treated as employers
SCHEDULE E
Revocations
S.I. No. 312 of 1996
SOCIAL WELFARE (CONSOLIDATED CONTRIBUTIONS AND INSURABILITY) REGULATIONS 1996
REVISED
Updated to 1 January 2025
The Minister for Social Welfare, in exercise of the powers conferred on him by sections 2, 3, 4, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24 and 24A, 24B and 24C (inserted by the Social Welfare (No. 2) Act of 1993 (No. 32 of 1993)) 25, 27, 28, 29, 213, 214 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), paragraph 12 (inserted by section 12 of the Social Welfare Act, 1996 (No. 7 of 1996)) of Part I of the First Schedule to the Social Welfare (Consolidation) Act, 1993 and paragraphs 3, 4 and 5 of Part II of the First Schedule and paragraphs 1 and 3 of Part III of the said Schedule to the said Act and section 10 (as amended by section 4 of the Energy (Miscellaneous Provisions) Act, 1995 (No. 35 of 1995)) of the Continental Shelf Act, 1968 (No. 14 of 1968), hereby makes the following Regulations:
Annotations
Modifications (not altering text):
C1
Instrument continued in force (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), ss. 361(b) and 362(2), S.I. No. 923 of 2005.
361.—The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—
...
(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or to be done under or for the purposes of, any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be read as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or to be done under or for the purposes of, that corresponding provision.
Continuance of officers, instruments and documents.
362.— …
(2) All instruments made and documents issued under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act 1993 and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.