No. 9/1947:

NATIONAL HEALTH INSURANCE ACT, 1947

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Interpretation.

PART II 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 RE-ENACTMENT, WITH MODIFICATIONS, 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 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.

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 disablement.

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 administration.

18 Amendment of Section 54 of the Act of 1911.

19 Amendment of First Schedule to the Act of 1911.

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.

[31st March, 1947.]

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 Act, 1947 .

(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—

the expression "the Acts" means the National Health Insurance Acts, 1911 to 1942;

the expression "the Act of 1911" means the National Insurance Act, 1911;

the expression "the Act of 1918" means the National Health Insurance Act, 1918;

the expression "the Act of 1923" means the National Health Insurance Act, 1923 (No. 20 of 1923);

the expression "the Act of 1936" means the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936);

the expression "British Forces" means any forces, being—

( a ) the Naval, Military or Air Forces of Great Britain, or

( b ) any nursing or other auxiliary service of any of those Forces;

the expression "the British Government" means the Government of the United Kingdom;

the expression "the Defence Forces Act" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

the expression "the Fund" means the Military Forces (International Arrangements) Insurance Fund constituted under section 14 of the Act of 1923;

the expression "the Minister" means the Minister for Social Welfare;

the expression "the No. 381 Order" means the Emergency Powers (No. 381) Order, 1946 (S. R. & O. No. 179 of 1946):

the expression "the Permanent Force" means the force established under Part I of the Defence Forces Act;

the word "pension" includes an award or an allowance;

the expression "the Reserve Force" means the reserve force established under Part III of the Defence Forces Act.

the expression "the Society" means Cumann an Árachais Náisiúnta ar Shláinte;

the expression "the United Kingdom" means the United Kingdom of Great Britain and Northern Ireland;

the expression "war disablement" means any disablement arising out of—

( 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.

(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.

PART II 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—

( a ) has been or has been treated as a member of the Society or the Fund or the Society and the Fund for a continuous 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 or in respect of him, and

( b ) 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 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,

the following provisions shall apply:—

(i) the sums referred to in paragraph (c) of this subsection shall be deemed to be contributions properly payable under the Acts,

(ii) he shall, during periods in respect of which the said 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 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.

(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.

(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:—

"(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."

(2) Subsection (1) of this section shall be deemed to have come 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. 11 of 1940), then, during his service in the Permanent Force under such enlistment 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.

(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.

(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 Construction Corps is or is not or was 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 (1), (2) (3) and (4) of this section shall be 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 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 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.

(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 substituted for the words "two hundred and fifty pounds".

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

8.—(1) For the purposes of the application of subsection (5) of 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 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 appropriate National Insurance authority in the United Kingdom under 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.

10.—The Society shall keep, in such manner as the Minister may direct, records of—

( a ) persons who became, by virtue of paragraph (1) or paragraph (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, members of the Society.

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 the Society.

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.

13.—(1) The following enactments are hereby repealed:—

( a ) section 14 of the Act of 1923,

( b ) subsection (2) of section 11 of the National Health Insurance Act, 1933 (No. 13 of 1933).

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

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.—(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:—

( a ) 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;

( b ) for the purposes of re-qualification for sickness or disablement 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 such 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 he has been disentitled to sickness or disablement benefit by virtue of this section.

(2) For the purposes of subsection (1) of this section, an allowance granted by the British Government in respect of a war disablement 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 (1), (2) and (3) of this section shall be deemed to have come 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).

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

16.—(1) If, pending the granting by the British Government of a pension in respect of a war disablement to an insured person, sickness or disablement benefit in respect of such war disablement is paid to him, then, such in so far as it exceeds the amount to which lie would have been entitled in accordance with section 14 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 into operation on the 14th day of June, 1946.

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 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 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 (1) of this section into the National Health Insurance Fund in respect of any financial year shall be so paid, in such amounts and at such times during that financial year as the Minister for Finance shall determine.

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 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".

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 Insurance 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.