Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804447265.pdf (Ireland)
EIRE.

AN BILLE UM ARACHAS SLAINTE NAISIUNTA, 1947.

NATIONAL HEALTH INSURANCE BILL, 1947.

Mar do ritheadh ag dhd Thigh an Oireachtais.

As passed by both Houses of the Oireachtas.

ARRANGEMENT OF SECTIONS.

PART L Preliminary and General.

Section.

1.

Short title and collective citation.

2.

Interpretation.

PART n. Re-enactment, with modifications, of Part II (Miscellaneous Amendments of the Acts) of the Emergency Powers (No.

381) Order, 1946.

3.


Provisions in relation to persons employed in non-insurable employment, but in respect of whom contributions were paid in good faith.

^ 4.

Amendment of section 13 of the Act of 1918.

5.

Amendment of section 15 of the Act of 1936.

6.

Insurance of soldiers enlisted in the* Permanent Force for an emergency, of certain officers of the Reserve Force and of members of the Construction Corps.

7.

Non-insurance of officers of Reserve Force.

PART III.
PART III.

Re-enactment, with 3iodifications, of certain provisions of Part III (Military Forces (International Arrangements) Insurance Fund) of the Emergency Powers (No.

381) Order, 1946.

8.

Application of section 4 (5) of the National Health Insurance Act, 1942, to former members of the Fund.

9.

Eligibility of certain persons for membership of the Society.

10.

Records to be kept by the Society as regards certain members.

11.

Adjustment of funds under the control of the Minister.

12.
12.

Determination of questions.

13.

Repeal of certain enactments.

PART IV.

Re-enactment, with modifications, of Part IV (Provisions in RELATION TO INSURED PERSONS ENTITLED TO CERTAIN DISABLEMENT pensions payable by the British Government) of the Emergency Powers (No.

381) Order, 1946.

14.

Benefits in case of former members of the British Forces who are in receipt of pensions payable by the British Government in respect of a war disablement.

Section.

15.
Section.

15.

Benefits in case of persons (not being former members of the British Forces) who are in receipt of pensions payable by the British Government in respect of a war disable­ ment.

16.

Treatment of certain payments of sickness or disablement benefit as advances and recovery thereof.

PART V. Other amendments of the Act of 1911.

17.

State grant in respect of expenditure on benefits and adminis­ tration.

18.

Amendment of section 54 of the Act of 1911.

19.


Amendment of First Schedule to the Act of 1911.

£ire.

AN BILLE UM ARACHAS SLAINTE NAISIUNTA, 1947.

NATIONAL HEALTH INSURANCE BILL, 1947.

BILL entitled AN ACT TO RE-ENACT CERTAIN AMENDMENTS OF THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1942, EFFECTED BY THE EMERGENCY POWERS (No.

381) ORDER, 1946, AND OTHERWISE TO AMEND THE SAID ACTS.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS PART I.

Preliminary and General.


1.—(1) This Act may be cited as the National Health Insurance short title Act 1947. and collective citation.

5 10 15 (2) The National Health Insurance Acts, 1911 to 1942, and this Act may be cited together as the National Health Insurance Acts, 1911 to 1947.

2.

(1) In this Act Interpretation 20 the expression “ the Acts ” means the National Health Insurance Acts.

Acts, 1911 to 1942; the expression "the Act of 1911 ” means the National Insurance Act of ion.
Act, 1911; the expression “ the Act of 1918 ” means the National Health Act of 1918.

Insurance Act, 1918; 25 the expression “ the Act of 1923 ” means the National Health Act of 1923.

Insurance Act, 1923 (No.

20 of 1923); the expression “ the Act of 1936 ” means the National Health Act of 1936.

Insurance and Widows’ and Orphans’ Pensions Act, 1936 (No.

12 of 1936); 30 the expression “ British Forces ” means any forces, being— British Forces.
(a) the Naval, Military or Air Forces of Great Britain, or (b) any nursing or other auxiliary service of any of those Forces; 35 the expression “ the British Government ” means the Government of the United Kingdom; British Government.
the expression “ the Defence Forces Act ” means the Defence Defence Forces (Temporary Provisions) Act, 1923 (No: 30 of 1923); Forces i 40 the expression “ the Fund ” means the Military Forces (Inter- Fund, national Arrangements) Insurance Fund constituted under section 14 of the Act of 1923; 3 Minister.

the expression “ the Minister ” means the Minister for Social Wel­ fare; No.

381 Order.

the expression “ the No.

381 Order ” means the Emergency Powers (No.

381) Order, 1946 (S. R. & 0., No.


179 of 1946); Permanent Force.

the expression “ the Permanent Force ” means the force established 5 under Part I of the Defence Forces Act; pension.

the word “ pension ” includes an award or an allowance; Reserve Force.

the expression “ the Reserve Force ” means the reserve force estab­ lished under Part III of the Defence Forces Act : Society.

the expression “ the Society ” means Cumann an Arachais 10 Naisiunta ar Shlainte; United Kingdom.
the expression “ the United Kingdom ” means the United Kingdom of Great Britain and Northern Ireland; war disablement.

the expression “ war disablement ” means any disablement arising out of— 15 (a) any war in which the United Kingdom was or is a belligerent and which commenced on or after the 3rd day of September, 1939, and before the 14th day of June, 1946, or (b) conditions attributable to any such war.
20 (2) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

(3) This Act shall be construed as one with the Acts.

Provisions in relation to persons employed in non-insurable employment, but in respect of whom contributions were paid in good faith.

PART II.

25 Re-enactment, with modifications, of Part II (Miscellaneous Amendments of the Acts) of the Emergency Powers (No.

381) Order, 1946.
3.—(1) Where, whether before or after the passing of this Act, a person— .30 (а) has been or has been treated as a member of the Society or the Fund or the Society and the Fund for a con­ tinuous period of not less than five years, during which not less than two hundred and eight contributions or sums purporting to be contributions have been paid by 35 or in respect of him, and (б) has not secured membership of the Society or the Fund by fraud or misrepresentation, and (c) is or has been employed in any employment which is not or was not insurable employment within the meaning of 40 the Acts, but in respect of which sums purporting to be contributions have been paid by the employer in the belief that it was .insurable employment within the meaning of the Acts, and (d) is of the age of sixteen and not more than seventy, 45 the following provisions shall apply :— (i) the sums referred to in paragraph (c) of this sub­ section shall be deemed to be contributions properly payable under the Acts, (ii) he shall, during periods in respect of which the said 50 sums were paid, be deemed to have been an insured person under the Acts, (iii) sections 7 and 13 of the Act of 1918 shall apply to 4 him as if, during the periods in respect of which the said sums were paid, he had been employed within the meaning of the Acts and had been an employed contributor.
5 (2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.

4.—(1) Section 13 of the Act of 1918 is hereby amended by the substitution of the words “ eighteen months ” for the words “ twelve months ” wherever the latter words occur therein.

Amendment of section 13 of the Act of 1918.

10 (2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.
5.—(1) Section 15 of the Act of 1936 shall have effect as if the following subsection were substituted for subsection (3), that is to say:— 15 “ (3) The weekly contribution payable under this section in respect of any person shall be payable in respect only of any contribution week or part of a contribution week for which such person receives pay and not otherwise.” Amendment of section 15 of the Act of 1936.
(2) Subsection (1) of this section shall be deemed to have come 20 into operation on the 7th day of June, 1940.

6.—(1) Where any person is enlisted to serve in the Permanent Force for a period of emergency under section 24 of the Defence Forces (Temporary Provisions) (No.

2) Act, 1940 (No.
2) Act, 1940 (No.

11 of 1940), then, during his service in the Permanent Force under such enlist- 25 ment and (subject to section 7 of this Act) if during that period of emergency, he is commissioned as an officer of the Reserve Force, during the first three months of membership of the Reserve Force, he shall, for the purposes of Part II of the Act of 1936 be a person insurable at the Army rate.
30 (2) Where any person is enlisted to serve in the Construction Corps, for a period of less than two years in army service, then, during his service in the Construction Corps, he shall, for the purposes of Part II of the Act of 1936, be a person insurable at the Army rate.

Insurance of soldiers enlisted in the Permanent Force for an emergency, of certain officers of the Reserve Force and of members of the Construction Corps.
35 (3) Subsection (3) of section 13 of the Act of 1936 shall not apply in respect of persons who are enlisted to serve in the Construction Corps, during their service in that Corps.
(4) If any question arises whether a person who is serving or has served in the Permanent Force or the Reserve Force or the 40 Construction Corps is or is not or wras or was not, by virtue of this section, for the purposes of Part II of the Act of 1936, a person insurable at the Army rate, the question shall be referred to the Minister for Defence whose decision shall be final.

(5) Subsections (7), (2), (3) and (4) of this section shall be 45 deemed to have come into operation on the 7th day of June, 1940.
7.—(1) An officer of the Reserve Force shall not be insurable for the purposes of Part II of the Act of 1936 during any period in which his rate of remuneration in respect of his service in the Reserve Force exceeds in value two hundred and fifty pounds a Non-insurance of officers of Reserve Force.

50 year.
50 year.

(2) If any question arises under subsection (1) of this section whether the rate of remuneration of an officer of the Reserve Force in respect of his service in the Reserve Force during any period 5 exceeds or exceeded in value two hundred and fifty pounds a year, the question shall be referred to the Minister for Defence whose decision shall be final.

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on the 7th day of June, 1940.
5 (4) In respect of any period of service in the Reserve Force of an officer of the Reserve Force on or after the commencement of section 19 of this Act, subsections (1) and (2) of this section shall be construed as if the words “ five hundred pounds ” were substi­ tuted for the words “ two hundred and fifty pounds ”.

10 PART III.

Re-enactment, with modifications, of certain provisions of Part III (Military Forces (International Arrangements) Insurance Fund) of the Emergency Powers (No.

381) Order, 1946.
381) Order, 1946.

*> 8.—(1) For the purposes of the application of subsection (5) of 15 section 4 of the National Health Insurance Act, 1942 (No.

5 of 1942), to a person who became, by virtue of paragraph (1) of Article 10 of the No.

381 Order, a member of the Society, membership of the Fund shall be deemed to be membership of the Society.

(2) Subsection (1) of this section shall be deemed to have come 20 into operation on the 30th day of September, 1946.
9.—There shall be eligible for membership of the Society such persons (if any) as may be agreed upon between the Minister and the National Health Insurance Joint Committee or other appro­ priate National Insurance authority in the United Kingdom under 25 any mutual arrangements made by virtue of the Acts for securing continuity of insurance of persons who, having served in the British Forces, were on the 30th day of September, 1946, or became or become at any time thereafter resident in the State.
Application of section 4 (5) of the National Health Insurance Act, 1942 to former members of the Fund.

Eligibility of certain persons for membership of the Society.

Records to be kept by the Society as regards certain members.

10.—The Society shall keep, in such manner as the Minister 30 may direct, records of— (a) persons who became, by virtue of paragraph (1) or para­ graph (2) of Article 10 of the No.
381 Order, members of the Society, (b) persons who become, by virtue of section 9 of this Act, 35 members of the Society.

Adjustment of funds under the control of the Minister 11.—The Minister shall make such adjustments in the funds relating to National Health Insurance under his control as may be necessary consequent on the transfer (effected by Article 11 of the No.

381 Order) of the engagements and the assets of the Fund to 40 the Society.

Determ ination of questions.


12.—If any question arises under Part III of the No.

381 Order or this Part, the question shall be determined by the Minister whose decision shall be final.

Repeal of certain enactments.

13.—(1) The following enactments are hereby repealed :— 45 (0) section 14 of the Act of 1923, (6) subsection (2) of section 11 of the National Health Insur­ ance Act, 1933 (No.

13 of 1933).
13 of 1933).

(2) Subsection (1) of this section shall be deemed to have come into operation on the 30th day of September, 1946.

50 50 6 PART IV.

Re-enactment, with modifications, of Part IV (Provisions in RELATION TO INSURED PERSONS ENTITLED TO CERTAIN DISABLEMENT PENSIONS PAYABLE BY THE BRITISH GOVERNMENT) OF THE EMERGENCY Powers (No.

381) Order, 1946.
5 14.—(1) The following provisions shall apply in relation to a person who has served in the British Forces and who is in receipt of a pension payable by the British Government in respect of a war disablement in the highest degree, that is to say:— to 15 20 25 30 35 40 45 30 55 (а) no sickness or disablement benefit shall be payable to him in respect of any period of incapacity during which he is in receipt of, or is entitled to, such pension until,— (i) as respects sickness benefit, he proves that since leaving the British Forces he has been employed, within the meaning of the Acts, during twenty-six weeks, whether consecutive or not.
and that twenty- six weekly contributions have been paid in respect of him, and (ii) as respects disablement benefit, he proves that since leaving the British Forces he has been employed, within the meaning of the Acts, for one hundred and four weeks, whether consecutive or not, and that one hundred and four weekly contributions have been paid in respect of him; (б) for the purposes of re-qualification for sickness or disable­ ment benefit he shall be deemed not to have been employed in any week unless he proves that the remuneration received in respect of the employment was sueh as to provide a substantial contribution towards his means of livelihood in that week, (c) in calculating arrears of contributions for the purposes of the Acts no account shall be taken of any arrears accruing during any period when lie has been disentitled to sickness or disablement benefit by virtue of this section.
(2) For the purposes of subsection (1) of this section, an allow­ ance granted by the British Government in respect of a war dis­ ablement to a person, who is undergoing a special course of medical treatment or undergoing treatment in any institution or receiving training in a technical institution, shall be deemed to be a pension payable to such person by the British Government in respect of a war disablement in the highest degree.
(3) Notwithstanding anything to the contrary contained in any other enactment, the rate of sickness benefit or disablement benefit to which a person, who has served in the British Forces and who is in receipt of a pension payable by the British Government in respect of a war disablement which is not in the highest degree, is entitled shall not be reduced by reason only of such person being in receipt of such pension.
(4) Subsections (i), (2) and (5) of this section shall be deemed to have conie into operation on the 14th day of June, 1946.

15.—(1) Where any pension is paid by the British Government in respect of a war disablement to an insured person (other than a person who has served in the British Forces) such pension shall, for the purposes of the Acts, be treated as if it were compensation under the Workmen’s Compensation Act, 1934 (No.

9 of 1934).
9 of 1934).

(2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.

7 Benefits in case of former members of the British Forces who are in receipt of pensions payable by the British' Government in respect of a war disablement.

Benefits in case of persons (not being former members of the British Forces) who are in receipt of pensions payablo by the British Government in respect of a war disablement.
Treatment of certain payments of sickness or disablement benefit as advances and recovery thereof.

16.
—(1) If, pending the granting by the British Government of a pension in respect of a war disablement to an insured person, sick­ ness or disablement benefit in respect of such war disablement is paid to him, then, such payment, in so far as it exceeds the amount to which he would have been entitled in accordance with section 14 5 or section 15 of this Act, shall be deemed to have been made by way of advance and may, without prejudice to any other method of recovery, be recovered by deduction from, or suspension of, any benefits which may subsequently become payable to him.
(2) Subsection {1) of this section shall be deemed to have come 10 into operation on the 14th day of June, 1946.

State grant in respect of expenditure on benefits and administration.

PART V. Other Amendments of the Act of 1911.

17.
—(1) In lieu of the grant payable, under section 3 of the Act of 1911, as amended by subsection (4) of section 1 of the National 15 Health Insurance Act, 1920, out of moneys provided by the Oireachtas, there shall, in respect of the financial year commencing on the 1st day of April, 1947, and of every succeeding financial year, be paid into the National Health Insurance Fund, out of moneys provided by the Oireachtas, such sum as, in the opinion 20 of the Minister and of the Minister for Finance, would be payable in respect of such year under the said section 3, as so amended, if this subsection had not been enacted.
(2) The sum payable under subsection (i) of this section into the National Health Insurance Fund in respect of any financial year 25 shall be so paid, in such amounts and at such times during that financial year as the Minister for Finance shall determine.

Amendment of Section 54 of the Act of lfii.


18.—Subsection (3) of section 54 of the Act of 1911, as amended by subsection (1) of section 28 of the Act of 1923, is hereby amended by the insertion after the words “ trust moneys ” of the words “ or 30 in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank funds ”.

Amendment of First Schedule to the Act of 1911.


19.—(1) Paragraph (g) of Part II of the First Schedule to the Act of 1911, as amended by section 1 of the National Health Insur- 35 ance Act, 1919, is hereby amended by the substitution of the words “ five hundred pounds ” for the words “ two hundred and fifty pounds ” where the latter words occur.

(2) Subsection (1) of this section shall come into operation on such day as the Minister shall by order fix for that purpose.
40 8 £ire £ire AN BILLE UM ARACHAS SLA1NTE NAISIUNTA, 1947.

NATIONAL HEALTH INSURANCE BILL, 1947.

* • BILLE da ngairmtear BILL entitled Acht d’athachtu leasuithe airithe a rinneadh ar na hAchta um Arachas Slainte Naisiunta, 1911 go 1942, leis an Ordu Cumhachta Prainne (Uimh.

381), 1946, agus do dheanamh leasuithe eile ar na hAchta sin.

An Act to re-enact certain amendments of the National Health Insurance Acts, 1911 to 1942, effected by the Emergency Powers.

(No.
(No.

381) Order, 1946, and otherwise to amend the said Acts.

Rite ag dhd Thigh, an Oireachtais, 25u Marta, 1947.

Passed by both Houses of the Oireachtas, 25th March, 1947.

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