Social Welfare ( Modifications of Insurance) Regulations, 1953.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Modifications of Insurance) Regulations, 1953.
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paragraphs: These Regulations shall come into operation on the 5th day of January, 1953.
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paragraphs: (1) In these Regulations, unless the context otherwise requires—
" the Act " means the Social Welfare Act, 1952 ;
" the Minister " means the Minister for Social Welfare.
(2) References in these Regulations to any enactment shall include a reference to such enactment as amended or extended by any subsequent enactment, order or regulations.
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paragraphs: (1) This article applies to persons in employment under such a contract as is specified in paragraph 1 of Part I of the First Schedule to the Act as master or a member of the crew of—
(i) any ship registered in the State, or
(ii) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.
(2) The provisions of the Act in their application to a person to whom this article applies shall be modified in the following manner :—
(a) Where a person to whom this article applies is neither domiciled nor has a place of residence in the State he shall be deemed not to be employed within the meaning of section 4 of the Act, but the employer shall, save where the ship is engaged in regular trade on foreignstations, be liable to pay the same contributions in respect of such person as would otherwise have been payable as employer's contributions under the Act and such contributions shall be paid into the Fund.
(b) Where a person to whom this article applies is employed on a foreign-going ship or a ship engaged in regular trade on foreign stations, the employer's contribution shall be sixpence less in the case of a male employed contributor and fourpence less in the case of a female employed contributor than the appropriate employer's contribution payable under the Act, and every four employment contributions paid for any contribution year by or in respect of any insured person while so employed shall be treated as five such contributions for the purpose of determining whether the contribution conditions for benefit are satisfied as respects the number of contributions paid or credited for a contribution year.
(c) (i) Where the owner of a ship or vessel is, under the Merchant Shipping Acts, 1894 to 1947, or otherwise, liable in respect of a person to whom this article applies who is suffering from any disease or disablement to defray the expense of the necessary surgical and medical advice and attendance and medicine and of his maintenance for any period but is not liable for part of such period to pay wages to such person, then such person shall not be disqualified by reason of absence from the State for receiving disability benefit in respect of such part of such period.
(ii) Payment of the foregoing benefit shall not be made, however, until such person returns to the State, unless he nominates his wife or some other person to receive payment on his behalf, but where such nomination is not made, payment may be made for such period to such other person as the Minister thinks fit.
(d) It shall be the duty of the master of every ship or vessel to comply with all orders or directions given to him by the owner or managing owner or manager of the ship or vessel with a view to the carrying into effect of the provisions of or made under the Act.
(e) The provisions of or made under the Act shall, so far as they are not inconsistent with the provisions of these Regulations, apply to a person to whom this article applies with the modification, that, where such a person is, on account of his being at sea or outside the Stateby reason of his employment, unable to perform an act required to be done either forthwith or on the happening of a certain event or within a specified time, he shall be deemed to have complied therewith if he performs the Act as soon as is reasonably practicable, although after the happening of the event or the expiration of the specified time.
(3) In this article—
" foreign-going ship " includes
(a) every ship or vessel employed in trading or going between some place or places in the State and some place or places situate beyond the following limits, that is to say, the whole Island of Ireland, Great Britain, the Channel Islands, the Isle of Man and the mainland of Europe between the River Elbe and Brest inclusive ;
(b) every fishing vessel proceeding beyond the following limits :—
on the South, Latitude 48° 30' N. ;
on the West, Longitude 12° W. ;
on the North, Latitude 61° N. ;
" home-trade ship " includes
(a) every ship or vessel employed in trading or going within the following limits, that is to say, the whole Island of Ireland, Great Britain, the Channel Islands, the Isle of Man and the mainland of Europe between the River Elbe and Brest inclusive ;
(b) every fishing vessel proceeding beyond the following limits :—
on the South, Latitude 48° 30' N. ;
on the West, Longitude 12° W. ;
on the North, Latitude 61° N. ;
" ship engaged in regular trade on foreign stations " means a ship or vessel, other than a home-trade ship, engaged regularly in trade between ports outside the State when trading between such ports, but a ship or vessel shall not be deemed not to be engaged in such a trade by reason only that she has put into a port in the State for the purpose of survey or repair ;
" vessel " and " ship " have the same meanings as are assigned to them in the Merchant Shipping Acts, 1894 to 1947.
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paragraphs: In the case of persons employed in the following employments—
(i) employment in the civil service of the Governmentin a capacity in respect of which a superannuation allowance may be granted ;
(ii) employment as a member of the Defence Forces where the insured person is an officer holding permanent commissioned rank in the Forces ;
(iii) employment under any local or other public authority where the insured person is pensionable and employed in a permanent capacity and the terms and conditions of his employment provide for payments during illness on a basis which is considered adequate by the Minister ;
(iv) employment in a statutory transport undertaking where the insured person is a pensionable officer employed in a permanent capacity as a clerk or other salaried official ;
(v) pensionable employment as a teacher in a national school ;
(vi) pensionable employment as a teacher in a secondary school where the insured person receives incremental salary in accordance with the Rules made by the Minister for Education for the payment by him of such salary to secondary teachers ;
(vii) employment as a member (otherwise than as a temporary member) of the Army Nursing Service ;
the provisions of the Act in their application shall be modified in the following manner :—