Social Welfare Consolidation Act 2005

Continuity of insurance under old codes.

[1993 s303(1)]

363

363.—(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before 5 January 1953, under the National Insurance Act 1911, the Unemployment Insurance Act 1920 (or any scheme under that Act) or the Widows’ and Orphans’ Pensions Act 1935, may continue to be insured under Part 2 or otherwise to preserve the rights conferred on them by virtue of those enactments.

[1993 s303(2)]

(2) Regulations under subsection (1) shall, in the manner and subject to the conditions that may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under Part 2 to take account of contributions paid or deemed to be paid or treated as paid under those enactments and periods of insurance under those enactments.

[1993 s303(3)]

(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act 1952 including, in particular, regulations providing—

(a) for modifying, in relation to the period before 5 January 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.

Annotations

Editorial Notes:

E2091

Power pursuant to subs. (1) exercised (29.07.2025) by Social Welfare (Consolidated Claims, Payments and Control (Amendment) (No. 5) (Bereaved Partner’s Pension) Regulations 2025 (S.I. No. 376 of 2025), art.3(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 82.

E2092

Previous affecting provision: power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 82, in effect as per art. 2; substituted (29.07.2025) as per E-Note above.

E2093

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 58, in effect as per art. 2; amended (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 5(b); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.