First Previous (PART V Appeals) Next (PART VII Miscellaneous Amendments)

5 1990

SOCIAL WELFARE ACT, 1990

PART VI

Dissolution of Occupational Injuries Fund and Redundancy and Employers' Insolvency Fund and Transfer of Moneys from those Funds to Social Insurance Fund

Dissolution of Occupational Injuries Fund.

23. — (1) Section 67 of the Principal Act is hereby repealed.

(2) Each provision of the Principal Act mentioned in column (1) of the Table to this section is hereby amended in the manner specified in column (2) of that Table opposite the mention of that provision in column (1).

TABLE

Provision of Principal Act Amended

Nature of Amendment

(1)

(2)

Section 2 (1)

The deletion of the definition of “the Occupational Injuries Fund”.

Section 4 (2)

The deletion of “(other than occupational injuries insurance)”.

Section 4 (3A) (inserted by section 5 of the Social Welfare Act, 1984 )

The deletion of “, other than Chapter 5”.

Section 17 (3)

The deletion of “, subject to section 67 (2) (a),”.

Sections 55 (4), 57 (1), 64 (2) and 66 (3)

The substitution of “Social Insurance Fund” for “Occupational Injuries Fund”.

Sections 115 (4) (a), 130 (1) and 130 (3) (a)

The deletion of “or the Occupational Injuries Fund, as the case may be,” in each place where it occurs.

Sections 115 (5), 117 and 119

The deletion of “or the Occupational Injuries Fund”.

Transfer of moneys to Social Insurance Fund.

24. — (1) All moneys standing to the credit of the Occupational Injuries Fund under section 67 of the Principal Act on the 30th day of April, 1990, shall be transferred to the Social Insurance Fund on the 1st day of May, 1990.

(2) All investments made by the Minister for Finance under section 67 (5) of the Principal Act and standing to the credit of the Occupational Injuries Fund on the 30th day of April, 1990, shall be transferred to the investment account of the Social Insurance Fund on the 1st day of May, 1990.

(3) Any income received on or after the 1st day of May, 1990, arising from an investment made before that day by the Minister for Finance under section 67 (5) of the Principal Act from moneys standing to the credit of the investment account of the Occupational Injuries Fund shall be transferred to the Social Insurance Fund.

(4) All moneys standing to the credit of the Redundancy and Employers' Insolvency Fund under section 26 of the Act of 1967 (as extended by section 2 of the Act of 1984) on the 30th day of April, 1990, shall be transferred to the Social Insurance Fund on the 1st day of May, 1990.

(5) Any income received on or after the 1st day of May, 1990, arising from an investment made before that day by the Minister for Finance under section 26 (6) of the Act of 1967 from moneys standing to the credit of the investment account of the Redundancy and Employers' Insolvency Fund shall be transferred to the Social Insurance Fund.

Amendment of section 6 of Employers' Employment Contributions Scheme Act, 1981.

25. — Section 6 of the Employers' Employment Contribution Scheme Act, 1981 , is hereby amended by the substitution for subsection (6) (inserted by section 27 of the Act of 1988) of the following subsection:

“(6) All moneys paid in respect of the employer's employment contribution shall be paid by the Revenue Commissioners to the Minister for Social Welfare and moneys so received by that Minister shall be paid into the Social Insurance Fund.”.

Amendment of Act of 1967.

26. — The Act of 1967 is hereby amended by—

(a) the insertion in section 2 after the definition of “‘sickness’ or ‘illness’” of the following definition:

“‘the Social Insurance Fund’ means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ;”,

(b) the substitution for section 27 (as amended by section 2 of the Act of 1979) of the following section:

“Employers' redundancy contributions to be paid into Social Insurance Fund.

27.—(1) For the purpose of providing moneys for making payments which under this Act are to be made out of the Social Insurance Fund there shall be paid into that Fund contributions by employers (in this Part referred to as ‘employers’ redundancy contributions').

(2) Employers' redundancy contributions and all moneys received by the Minister under this Act shall be paid into the Social Insurance Fund.

(3) All payments made pursuant to this Act shall be made out of the Social Insurance Fund.”,

(c) the substitution for “Redundancy and Employers' Insolvency Fund” (as extended by section 2 of the Act of 1984) of “Social Insurance Fund” in each place where it occurs in the provisions mentioned in the Table to this section, and

(d) the substitution for section 43 of the following section:

“Recovery of sums due to Social Insurance Fund.

43.— All moneys due to the Social Insurance Fund under this Act shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.”.

TABLE

Section 29 (1)

(inserted by section 6 of the Act of 1979).

Subsections (2) to (6) of section 32

(inserted by section 14 of the Act of 1971).

Section 40 (2)

(inserted by section 9 of the Act of 1971).

Section 56 (2)

(as amended by section 19 of the Act of 1971).

Amendment of section 15 of Act of 1971.

27. — Section 15 of the Act of 1971 is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) The Minister may, with the consent of the Minister for Finance, from time to time authorise the transfer of moneys from the Social Insurance Fund to any fund established under a special redundancy scheme, and any moneys transferred under this subsection shall be repayable to the Social Insurance Fund on such terms (including terms as to interest) as the Minister for Finance may determine.”.

Amendment of Act of 1984.

28. — The Act of 1984 is hereby amended by—

(a) the insertion in section 1 after the definition of “relevant officer” of the following definition:

“‘the Social Insurance Fund’ means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ;”, and

(b) the substitution for “the Redundancy and Employers' Insolvency Fund” of “the Social Insurance Fund” in sections 6 (1), 6 (3), 7 (1), 10 (4) and 17 (2).

Repeals.

29. — Section 26 and subsections (5) and (6) (inserted by section 3 of the Act of 1979) of section 28 of the Act of 1967 are hereby repealed.

Definitions (Part VI).

30. — In this Part—

the Act of 1967” means the Redundancy Payments Act, 1967 ;

the Act of 1971” means the Redundancy Payments Act, 1971 ;

the Act of 1979” means the Redundancy Payments Act, 1979 ;

the Act of 1984” means the Protection of Employees (Employers' Insolvency) Act, 1984 .

Commencement of Part VI .

31. — This Part (other than section 24 ) shall come into operation on the 1st day of May, 1990.