Social Welfare Consolidation Act 2005
F288[Return of contributions — share-based remuneration.
34A.—(1) The Minister may return, subject to any conditions, restrictions and deductions, any contributions—
(a) paid in accordance with section 13(2)(b)—
(i) F289[pursuant to paragraph (a)(ii) or (b)(ii) of the definition of ‘reckonable earnings’ specified in] Article 3 F290[(amended by the Social Welfare (Consolidated Contributions and Insurability) (Amendment) Regulations 2010 (S.I. No. 684 of 2010))] of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996) F291[…], in respect of any gain, chargeable amount, value or amount realised, acquired or appropriated, as the case may be, during the contribution year commencing on 1 January 2011 which is the subject of a written contract or agreement that is in place before 1 January 2011, or
(ii) in respect of share-based remuneration received by way of forfeitable shares to which section 128E of the Act of 1997 refers, where subsection (6) of F292[that section applies,]
F293[(b) paid in accordance with section 13(2)(d)—
(i) pursuant to paragraph (a)(ii) or (b)(ii) of the definition of ‘reckonable earnings’ specified in Article 3 (amended by the Social Welfare (Consolidated Contributions and Insurability) (Amendment) Regulations 2010 (S.I. No. 684 of 2010)) of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), or
(ii) in respect of the amount referred to in section 985A(3) of the Act of 1997 in the case of emoluments (within the meaning of section 983 of the Act of 1997) received by an employee or director in the form of shares (including stock) in—
(I) the company in which the employee or director holds his or her office or employment, or
(II) a company which has control (within the meaning of section 432 of the Act of 1997) of that company,
and]
F294[(c) paid in accordance with section 21 in respect of share-based remuneration received by way of forfeitable shares to which section 128E of the Act of 1997 refers, where subsection (6) of that section applies.]
(2) The Minister may make regulations providing for the return, subject to any conditions, restrictions and deductions specified in the regulations, of the contributions referred to in subsection (1), F295[to an employed contributor, the employer of an employed contributor and a self-employed contributor,] as the case may be, and such regulations may include—
(a) prescribing the procedure for an application for such return, and
(b) prescribing the procedure for such return F296[on the death of an employed contributor and a self-employed contributor].]
Annotations
Amendments:
F288
Inserted (19.12.2011) by Social Welfare Act 2011 (37/2011), s. 13(6), commenced on enactment.
F289
Substituted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(1)(a)(i), commenced on enactment.
F290
Inserted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(1)(a)(ii), commenced on enactment.
F291
Deleted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(1)(a)(iii), commenced on enactment.
F292
Substituted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(1)(b), commenced on enactment.
F293
Substituted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(2), commenced on enactment.
F294
Inserted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(3), commenced on enactment.
F295
Substituted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(4)(a), commenced on enactment.
F296
Substituted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 11(4)(b), commenced on enactment.
Editorial Notes:
E212
Power pursuant to subs. (2) exercised (1.07.2012) by Social Welfare (Consolidated Contributions and Insurability) (Amendment) Regulations 2012 (S.I. No. 229 of 2012), art. 7(a)—which inserted Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), arts. 71A and 71B—in effect as per art. 3.
