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National Health Insurance Act, 1923

1923 20

No. 20/1923:

NATIONAL HEALTH INSURANCE ACT, 1923


ARRANGEMENT OF SECTIONS

PART I GENERAL

1 Interpretation.

PART II TRANSITIONAL PROVISIONS

2 Constitution of Irish members British Societies into Provisional Irish Societies.

3 Constitution of Irish branches of British Societies into Provisional Irish Societies.

4 Obligations of Irish Societies.

5 Conversion of Provisional into Approved Societies or transfer of members to other Societies, &c.

6 Transfer to Irish Societies of appropriate funds.

7 Transfer by Irish Societies of appropriate funds.

8 Application to British branches.

9 Continuation of certain benefits.

10 Relief from fee on terminating membership of Approved Society in certain cases.

11 Authority for making adjustments.

12 Obligations of Trustees of Societies.

13 Constitution of special account.

14 Constitution of the Military Forces (International Arrangements) Insurance Fund.

PART III ADAPTATION OF ENACTMENTS AND MUTUAL ARRANGEMENTS

15 Adaptation of enactments.

16 Provisions as to temporary residence.

17 Mutual arrangements.

18 Adaptation of sub-section 6 of section 48 of the Act of 1911.

19 Transfer of powers of Joint Committee.

PART IV APPLICATION OF NATIONAL HEALTH INSURANCE TO SHORT-SERVICE SOLDIERS

20 Contributions in respect of Soldiers.

21 Treatment of soldiers as employed contributors.

22 Reduction of benefits in the case of persons entitled to pensions in respect of disablement.

23 Provision as to arrears.

24 Contributions deemed to be paid in due course.

25 Application and definitions.

PART V MISCELLANEOUS

26 Abolition of Women's Equalisation Fund.

27 Application of sums unclaimed in stamp sales account.

28 Adaptation of Section 54 of the Act of 1911.

29 Continuance of the National Health Insurance (Prolongation of Insurance) Act, 1921.

30 Short title and construction.


AN ACT TO AMEND AND ADAPT THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1921.

[26th June, 1923.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

PART I GENERAL

Interpretation.

1.—In this Act, unless the context otherwise requires:—

The expression "Joint Committee" means the National Health Insurance Joint Committee.

The expression "Insurance Commissioners" means the Irish Insurance Commissioners.

The expression "appointed day" means such day not later than the first day of July, nineteen hundred and twenty-three, as the Insurance Commissioners may fix.

The expression "funds" includes investments and credits, and in relation to a branch includes the share of the branch in the funds of the Society of which it is a branch.

The expression "British" in relation to a Society or branch means a Society or branch having its principal office situate in Great Britain.

The expression "Irish" in relation to a Society or branch means a Society or branch having its principal office situate in Saorstát Eireann.

The expression "the Acts" means the National Health Insurance Acts, 1911 to 1921.

The National Insurance Act, 1911, the National Insurance Act, 1913, and the National Health Insurance Act, 1918, are respectively referred to as the Act of 1911, the Act of 1913, and the Act of 1918, and references to any particular provisions of those Acts shall be construed as references to those provisions as amended by any subsequent enactment.

The expression "Great Britain" shall be deemed to include Northern Ireland.

PART II TRANSITIONAL PROVISIONS

Constitution of Irish members British Societies into Provisional Irish Societies.

2.—(1) Where a British Society had immediately before the first day of April, 1922, any members resident in Saorstát Eireann, then, as from the said first day of April, any insured persons so resident who would, if Saorstát Eireann had not been established, have been entitled to receive benefits from that British Society as members thereof, shall be deemed to have been and to be members of a Provisional Irish Society.

(2) The benefits of the members of such a Provisional Irish Society may, if arrangements for the purpose are made between the Insurance Commissioners and the Joint Committee, continue until a date not later than the appointed day to be administered by the Committee of Management of such British Society as aforesaid as if such Committee of Management were the Committee of Management of the Provisional Irish Society.

Constitution of Irish branches of British Societies into Provisional Irish Societies.

3.—Where immediately before the first day of April, 1922, a British Society had one or more Irish branches, then, as from the said, first day of April, the branch, if there is only one, shall be deemed to have become a Provisional Irish Society, and the branches, if more than one, shall be deemed to have become branches of a Provisional Irish Society with branches:

Provided that if arrangements are made for the purpose between the Insurance Commissioners and the Joint Committee, the central body of the British Society may continue until the appointed day to exercise as respects such Provisional Society or branches the like powers of control and management as would have been exercisable by it if Saorstát Eireann had not been established and the Society or branches had remained a branch or branches of the British Society.

Obligations of Irish Societies.

4.—Any Irish Society or branch which has since the first day of April, 1922, administered benefits of insured persons resident in Great Britain shall keep such accounts and give to the Insurance Commissioners such information with respect to those persons and deliver to the Insurance Commissioners such papers and documents in its possession or under its control and relating to those. persons as the Insurance Commissioners may direct.

Conversion of Provisional into Approved Societies or transfer of members to other Societies, &c.

5.—(1) The Insurance Commissioners may take such steps as they think expedient for enabling Provisional Irish Societies before the appointed day:—

( a ) to become properly constituted and approved Irish Societies or branches thereof:

( b ) to transfer their engagements as respects any of their members to one or more other Irish Societies or to branches thereof:

and the Insurance Commissioners shall have power to give directions for the purpose, including power to apply with or without modification any regulations made in pursuance of Section 31 and Clauses ( a ), ( b ), and ( d ) of Paragraph 1 of Part I. of the Fourth Schedule to the Act of 1918, as to the transfer of engagements.

(2) The steps taken by the Insurance Commissioners under the foregoing sub-section may include steps for enabling a branch of a Provisional Irish Society to become a separate Approved Irish Society.

(3) Provisional Irish Societies shall be deemed to be Approved Societies until the appointed day, but on and after the appointed day no Provisional Irish Society shall be deemed to be an Approved Society, and all insured persons resident in Saorstát Eireann who immediately before the appointed day are members of a Provisional Irish Society shall on the appointed day be transferred to the Dissolved Societies' Fund of Saorstát Eireann, and the Insurance Commissioners shall have power to give directions for the purpose, including power to apply with or without modification any regulations as to transfers to the Dissolved Societies' Fund made in pursuance of Section 28 and Paragraph B of the First Schedule to the Act of 1913.

Transfer to Irish Societies of appropriate funds.

6.—Where in pursuance of this Act any Provisional Irish Society becomes a properly constituted and Approved Society or branch, the Insurance Commissioners shall transfer to or to the account of the Society, or, if the Provisional Society becomes a branch, to that branch and to or to the account of the Society of which it. becomes a branch, such funds as may be determined as at the first day of April, 1922, to represent funds—

( a ) attributable to the members of the parent Society who became members of the Provisional Society; or

( b ) in cases where the Provisional Society consists of a former branch or branches of the parent Society, attributable to that branch or branches:

subject to such adjustments as may be required in respect of the period between the said first day of April and the date when the Society becomes a properly constituted and Approved Society.

(2) Where in pursuance of this Act the engagements of a Provisional Irish Society in respect of any of its members are transferred to another Society, or members of a Provisional Irish Society are transferred to the Dissolved Societies' Fund, the Insurance Commissioners shall transfer to or to the account of that Society or Fund such funds as may be determined as at the first day of April, 1922, to represent funds attributable to such members as aforesaid, subject to such adjustments as may be required in respect of the period between the said first day of April and the date when the transfer of engagements is effected, or the appointed day as the case may be.

(3) Pending the determination of the amount of the funds to be so transferred to or to the account of any Society or Fund, the Insurance Commissioners may give to the Society or Fund credits on account of the funds to be so transferred to it of such amounts and in such manner as they may think fit.

(4) In this section the expression "parent Society" means the British Society, members of which, or a branch or branches of which, are by virtue of this Act deemed to constitute a Provisional Irish Society.

Transfer by Irish Societies of appropriate funds.

7.—(1) The funds as on the first day of April, 1922, of every Irish Society which immediately before that date had amongst its members insured persons resident in Great Britain, or had one or more British branches, shall be apportioned, and the funds which on such apportionment are found to be properly attributable to such members or branches after deducting the amount of any funds held on the said first day of April on behalf of the Society by the Minister of Health for England, the Scottish Board of Health, or the Ministry of Labour for Northern Ireland, shall, subject to such adjustments as may be required in respect of the period between the said first day of April and the appointed day or any part thereof, be transferred to the Insurance Commissioners.

(2) This section shall apply in the case of an Irish branch in like manner as it applies in the case of an Irish Society, except that in such case the apportionment shall be made of the funds of the Society as well as of the branch.

Application to British branches.

8.—The foregoing provisions of this Part of this Act shall apply in the case of British branches and insured persons resident in Saorstát Eireann who immediately before the first day of April, 1922, were members thereof in like manner as they apply to British Societies and persons so resident who were at the said date members of British Societies, subject however to such modifications as the Insurance Commissioners may direct.

Continuation of certain benefits.

9.—Where an insured person who by virtue of this Act becomes a member of a Provisional Irish Society or branch thereof, was immediately before, the first day of April, 1922, entitled to receive from the British Society or branch of which he was then a member any additional benefit, he shall be entitled to receive from the Provisional Irish Society or branch thereof, or from any Society or branch to which he is transferred under this Act, or from the Dissolved Societies' Fund, such additional benefit, so long as he would have been entitled to receive it had he remained a member of the British Society or branch, subject, however, to such variations as in the opinion of the Insurance Commissioners may be necessary or expedient.

Relief from fee on terminating membership of Approved Society in certain cases.

10.—The provisions of Proviso ( e ) to sub-section (1) of Section 14 of the Act of 1918 requiring the payment of a fee by a member of an Approved Society on terminating his membership shall not apply in the case of any person who becomes a member of an Approved Society in Saorstát Eireann on the 1st July, 1923, in accordance with the foregoing provisions of this Part of this Act and who gives notice within six months from the passing of this Act of his desire to terminate his membership.

Authority for making adjustments.

11.—(1) If an arrangement is made before the appointed day between the Insurance Commissioners and the Joint Committee for the establishment of a Board containing representatives of the Insurance Commissioners and the Joint Committee for making apportionments, determinations and adjustments both under this Act and under any corresponding legislative enactments in Great Britain, any apportionment or determination of a share in funds or other financial adjustment required by this Part of this Act shall be made by such Board.

In default of such arrangement being so made all apportionments, determinations or shares and adjustments required by this Part of this Act shall be made by the Insurance Commissioners.

(2) Such Board as aforesaid or the Insurance Commissioners, as the case may be, shall have full power to make such apportionments, determinations and adjustments, and to do all such things as they may consider necessary or expedient to carry into effect the objects of this Part of this Act, and such Board shall further have power to complete as at the 1st day of March, 1922, the apportionment of the assets and liabilities of the Irish National Health Insurance Fund as between Saorstát Eireann and Northern Ireland.

Obligations of Trustees of Societies.

12.—(1) Where under this Act any part of the funds of a Society or branch is on an apportionment or adjustment transferable to the Insurance Commissioners, the Insurance Commissioners may require the trustees of the Society or branch to make the necessary transfer, or, in any case in which it appears to the Insurance Commissioners expedient, they may make the necessary transfer out of the funds held by them on behalf of the Society or branch.

(2) A certificate from the Insurance Commissioners that a transfer has been made by the trustees of a Society or branch in accordance with such requirements as aforesaid shall be a good discharge to the trustees as respects the funds so transferred.

Constitution of special account.

13.—The Insurance Commissioners shall carry to a special account:—

( a ) all funds which in pursuance of this Part of this Act are transferred to the Insurance Commissioners by or on behalf of an Irish Society or branch or by the Joint Committee under the National Health Insurance (International Arrangements) Order, 1923; and

( b ) such funds as represent the amounts held by them immediately before the first day of April, 1922, on behalf of British Societies and British branches, subject to such adjustments as may be necessary in respect of the period between the said first day of April and the appointed day;

and out of that account shall be transferred all funds which, by virtue of this Act, are to be transferred by the Insurance Commissioners to or to the account of any Irish Society or branch, or to the account of the Dissolved Societies' Fund.

Constitution of the Military Forces (International Arrangements) Insurance Fund.

14.—(1) There shall be constituted under the control and management of the Insurance Commissioners a Special Fund to 'be known as the Military Forces (International Arrangements) Insurance Fund, the membership of which shall, on and after the 1st day of July, 1923, consist of:—

( a ) persons who were resident in Saorstát Eireann on the 1st day of July, 1923, and were, immediately before that date, members of the British Navy and Army Insurance Fund;

( b ) such persons, if any, as may be agreed upon between the Insurance Commissioners and the Joint Committee under any mutual arrangements made under this Act for securing the continuity of insurance of persons who, having served in the Naval, Military or Air Forces of Great Britain, are or become at any time after the 1st day of July, 1923, resident in Saorstát Eireann;

( c ) persons serving in the armed forces of Saorstát Eireann who, immediately prior to enlistment, were resident, in Great Britain and were members of Irish or British Approved Societies;

( d ) persons serving in the armed forces of Saorstát Eireann who elect under the provisions of Section 20 ( b ) of this Act, to become and become, members of the Fund.

(2) Regulations made by the Insurance Commissioners may prescribe the conditions under which a member of the Military Forces (International Arrangements) Insurance Fund may continue to be a member of that Fund.

(3) There shall be transferred to. the credit of the Military Forces (International Arrangements) Insurance Fund by the Insurance Commissioners the equivalent of such sum as on the apportionment of the British Navy and Army Insurance Fund is found to be, as at the 1st day of July, 1923, appropriate to the members of that Fund who are under this section transferred to the Military Forces (International Arrangements) Insurance Fund.

(4) For the purposes of such provisions of the Acts as may be prescribed by regulations made by the Insurance Commissioners, the Military Forces (International Arrangements) Insurance Fund shall be deemed to be an Approved Society, and the members of that Fund shall be deemed to be members of an Approved Society, and the provisions of the Acts relating to Societies and to members and membership of and transfer to and from Societies, and relating to persons lapsing from insurance, shall apply to members of the Military Forces (International Arrangements) Insurance Fund, subject to such modifications as may be prescribed by such regulations.

(5) All members of the British Navy and Army Insurance Fund who are under sub-section 1 (a)of this Section transferred to the Military Forces (International Arrangements) Insurance Fund shall, on and after such transfer, have the same rights, against and obligations to the Military Forces (International Arrangements) Insurance Fund as immediately before such transfer they had against and to the British Navy and Army Insurance Fund.

(6) There shall be credited to the Military Forces (International Arrangements) Insurance Fund all contributions paid by or in respect of members of that Fund, and the proper proportion of the sums required for providing benefits for members of the Fund, and for the expenses of the administration of such benefits, together with such further sums as may from time to time be required for securing the solvency of the Fund, shall be paid out of moneys provided by the Oireachtas.

PART III ADAPTATION OF ENACTMENTS AND MUTUAL ARRANGEMENTS

Adaptation of enactments.

15.—(1) The Insurance Commissioners may for the purpose of Section 4 of the Act of 1918 establish a fund to be called the National Health Insurance Central Fund, to which shall be carried so much of the Central Fund established under the control of the Joint Committee in pursuance of the said Section 4 as on the apportionment of that Fund between Great Britain and Saorstát Eireann is found to be attributable to Saorstát Eireann.

(2) Every mention or reference contained in the Acts (including Section 4 of the Act of 1918) of or to the Central Fund established under the said Section 4 shall be construed and take effect as a mention of or reference to the National Health Insurance Central Fund established under this Section.

(3) The Acts shall in their application to Saorstát Eireann have effect as if—

( a ) for the sum of one hundred and fifty thousand pounds mentioned in sub-section (1) of Section 4 of the Act of 1918 there were substituted the sum of five thousand pounds; and

( b ) for the sum of thirty thousand pounds mentioned in Section 31 of the Act of 1913 there were substituted the sum of one thousand pounds.

(4) References in the Acts to the United Kingdom shall, in the application of the Acts to Saorstát Eireann, be construed as references to Saorstát Eireann, except that in sub-section (10) of section forty-eight of the Act of 1911 the reference to the United Kingdom shall be construed as a reference to Saorstát Eireann or Great Britain.

Provisions as to temporary residence.

16.—If a person who is insured in Saorstát Eireann is temporarily resident in Great Britain, he, and in the case of maternity benefit his wife, shall not by reason of such residence be disentitled to sickness, disablement or maternity benefit, and such benefit shall be payable by the Society or out of the fund by or out of which it would have been payable had the insured person continued to reside in Saorstát Eireann.

Mutual arrangements.

17.—(1) If the Insurance Commissioners and the Joint Committee enter into arrangements—

( a ) for securing continuity of insurance of persons who being insured in Saorstát Eireann or Great Britain are or become resident and employed in Great Britain or Saorstát Eireann as the case may be (including the insurance of men serving in the armed forces of Saorstát Eireann, who previously to enrolment or enlistment in any such forces were resident in Great Britain, and of men who, having so served within six months after their discharge from any such forces, become resident in Great Britain);

( b ) for securing exemption from liability to make contributions in the case of persons who, being ordinarily resident and not insured in Saorstát Eireann, become temporarily employed in Great Britain, or who, being ordinarily resident and not insured in Great Britain, become temporarily employed in Saorstát Eireann;

( c ) with respect to the insurance of persons who, being resident in Saorstát Eireann, are employed either temporarily or permanently in Northern Ireland, or who, being resident in Northern Ireland, are employed either temporarily or permanently in Saorstát Eireann;

( d ) in the case of a ship registered in Saorstát Eireann or Great Britain, the owner of which resides or has his principal place of business in Great Britain or Saorstát Eireann as the case may be, for determining whether contributions payable in respect of the persons employed on the ship are to be payable under the Acts in their application to the country in which the ship is registered, or under the Acts in their application to the country in which the owner resides or has his principal place of business;

( e ) for rendering insurable persons who in consequence of the establishment of Saorstát Eireann are no longer insurable either under the Acts in their application to Saorstát Eireann or under the Acts in their application to Great Britain;

the Insurance Commissioners shall with the consent of the Minister for Finance make such Orders as may be necessary to carry out any such arrangements, and may by any such Order make such modifications in the Acts in their application to Saorstát Eireann and to persons resident or employed therein as may be necessary to give effect to the arrangements, and for enabling such financial adjustments to be made as may be necessary or expedient in consequence of any such arrangements:

Provided that such Order shall not come into force unless and until the Insurance Commissioners are satisfied that reciprocal provisions having the force of law in Great Britain have been made for carrying the arrangements into effect in Great Britain, and shall continue in force only so long as such reciprocal provisions continue to have the force of law in Great Britain.

(2) An Order under this Section may provide that where an owner of a ship registered in Saorstát Eireann does not reside or have his principal place of business in Saorstát Eireann, the agent in Saorstát Eireann of the owner shall for the purposes of the Acts in their application to Saorstát Eireann be deemed to be the employer of the master and members of the crew of the ship.

(3) For the purposes of this Section, where there is more than one owner of the ship, the managing owner or manager shall be deemed to be the owner.

Adaptation of sub-section 6 of section 48 of the Act of 1911.

18.—Sub-section 6 of Section 48 of the Act of 1911 shall not apply to Saorstát Eireann, and any contributions which would have been credited to the special fund therein mentioned shall be dealt with in such manner as the Insurance Commissioners may prescribe.

Transfer of powers of Joint Committee.

19.—Every power, jurisdiction or duty which was immediately before the first day of April, 1922, exercisable or to be performed by the Joint Committee under the Acts in respect of the area now within the jurisdiction of Saorstát Eireann shall henceforth be exercisable and performed by the Insurance Commissioners exclusively, and shall be deemed to have been so exercisable and to be performed as on and from the first day of April, 1922.

PART IV APPLICATION OF NATIONAL HEALTH INSURANCE TO SHORT-SERVICE SOLDIERS

Contributions in respect of Soldiers.

20.—(1) For the purpose of providing soldiers to whom this Part of this Act applies with such benefits during their term of service and after their return to civil life as are mentioned in this Part of this Act, the sum of four pence and one half-penny per week shall be paid by the Minister for Defence out of moneys to be provided by the Oireachtas to the Insurance Commissioners in respect of

( a ) every soldier who at the date of his enlistment was or is a member of an Irish or British Approved Society;

( b ) Every soldier who at the date of his enlistment was not a member of an Approved Society, but who, having been resident in Saorstát Eireann prior to enlistment, elects to become, and becomes a member of an Approved Society in Saorstát Eireann, or who, having been resident in Great Britain prior to enlistment, elects to become and becomes a member of the Military Forces (International Arrangements) Insurance Fund, provided he so elects and becomes a member of such Society or Fund within three months after the passing of this Act, or the date of his enlistment, whichever is the later.

(2) The weekly sums of four pence and one half-penny payable under the foregoing sub-section shall commence

( a ) from the 1st day of April, 1922, in the case of a soldier who enlisted before that date and was at the date of enlistment a member of an Irish or British Approved Society;

( b ) from the date of enlistment in the case of a soldier who enlisted after the 1st day of April, 1922, and was, or is, it the date of enlistment, a member of an Irish or British Approved Society;

( c ) from the 3rd day of July, 1922, or the date of enlistment, whichever is the later, in the case of a soldier who enlisted before the passing of this Act, and was not a member of an Irish or British Approved Society at the date of enlistment, but duly becomes a member of an Approved Society in Saorstát Eireann or of the Military Forces (International Arrangements) Insurance Fund pursuant to the foregoing sub-section;

( d ) from the date of enlistment in the case of a soldier who enlists after the passing of this Act and is not a member of an Irish or British Approved Society at the date of enlistment, but duly becomes a member of an Approved Society in Saorstát Eireann or of the Military Forces (International Arrangements) Insurance Fund pursuant to the foregoing sub-section.

(3) The number of persons in respect of whom payments are to be made under the foregoing provisions of this Section shall be ascertained in such manner and the sums to be paid thereunder shall be paid to the Insurance Commissioners in such manner and at such dates in each year as shall be agreed between the Insurance Commissioners and the Minister for Defence.

(4) This Section shall not apply to a soldier who enlisted before the age of sixteen until he attains that age, and on his attaining that age shall apply to him as if he had enlisted at the time when he had attained that age.

(5) Notwithstanding anything to the contrary in the Acts, a soldier who was or is at the date of his enlistment a Deposit Contributor, and who does not, within three months after that date, or, in the case of a soldier who enlisted before the passing of this Act, within three months after the passing of this Act, join an Approved Society in Saorstát Eireann, shall be treated as having ceased to be an insured person on and from the date of his enlistment, but on his discharge or, if he dies while a soldier, on his death he shall again be treated as a Deposit Contributor, and the balance which was to the credit of his account in the Deposit Contributors' Fund at the date of his enlistment shall be replaced to the credit of his account in the said Fund.

Treatment of soldiers as employed contributors.

21.—A soldier in respect of whom a sum of four pence and one half-penny per week is paid by the Minister for Defence under the provisions of this Part of this Act shall until his discharge be treated as an employed contributor subject to the following modifications:—

( a ) The weekly sums paid by the Minister for Defence shall be treated for all purposes as payments of contributions at the employed rate.

( b ) He shall be entitled to Maternity benefit, but not to Sickness, Disablement or Sanatorium benefit.

( c ) The date of his enlistment as a soldier, or, if he enlisted before the passing of this Act, the date from which weekly sums became payable in respect of him by the Minister for Defence under this Part of this Act shall, unless he was at the date of his enlistment an insured person, be treated as the date of his entry into insurance.

( d ) There shall be credited to the Approved Society or Fund of which he is a member a sum equal to five pence and one half-penny for each weekly contribution paid, and an equal sum shall be treated as having been expended on benefits, and the proper proportion thereof shall accordingly be paid out of money provided by the Oireachtas.

Reduction of benefits in the case of persons entitled to pensions in respect of disablement.

22.—The Insurance Commissioners may make regulations—

( a ) providing for the reduction to such extent, and for such time as they may think fit, of the amount of Sickness or Disablement Benefit to which any insured person who, having, served as a soldier, has on his discharge been granted a pension in respect of disablement in consequence of his service, may be entitled in respect of his insurance under the Acts;

( b ) providing for payment, pending the settlement of the claim to pension of any such person, of Sickness or Disablement benefit at the unreduced rate, and for recovery, by deduction from or suspension of any benefits which may subsequently become payable, of any sums which in consequence of such reductions have been overpaid;

( c ) providing for the recovery by deduction from or suspension of any benefits which may subsequently become payable of any payment of Sickness or Disablement Benefit made in error to a soldier during the period of his service between the first day of April, 1922, and the date of the passing of this Act; and

( d ) in respect of any other matters arising under this Part of this Act.

Provision as to arrears.

23.—In calculating arrears of contributions for the purposes of the Acts no account shall be taken of any arrears accruing during any period when the person in question has been subjected to a reduction of, or been disentitled to, Sickness and Disablement Benefit by virtue of this Part of this Act.

Contributions deemed to be paid in due course.

24.—A contribution paid under this Part of this Act in respect of any week prior to the passing of this Act shall be deemed for all purposes to have been paid in the week to which it relates.

Application and definitions.

25.—(1) This Part of this Act applies only to soldiers enlisted for a period not exceeding twelve mouths or enlisted before the 1st day of May, 1923, for a period of service which terminates on or before the 1st day of May, 1924.

(2) In this Part of this Act

the word "soldier" means a member of the Armed Forces of Saorstát Eireann of whatever rank,

the word "enlist" includes becoming by any means a member of the Armed Forces aforesaid and cognate words shall be construed accordingly,

the word "discharge" include ceasing by any means to be a member of the Armed Forces aforesaid and cognate words shall be construed accordingly.

(3) Every question or dispute as to whether a person is or is not a soldier within the meaning of this Part of this Act, or as to the date of the enlistment or the discharge of a soldier, shall be decided by the Minister for Defence whose decision shall be final.

PART V MISCELLANEOUS

Abolition of Women's Equalisation Fund.

26.—(1) Section 2 of the Act of 1918 (which provides for the establishment of the Women's Equalisation Fund) shall be deemed to have ceased to have effect as from the 1st day of January, 1922, and in the exercise of the power conferred by Section 28 of the Act of 1913 of making Regulations with respect to the crediting or variation or cancellation of reserve values, regard shall be had to the provisions of this Section.

(2) Nothing in this Section shall render invalid any scheme or regulations duly made before or within six months after the passing of this Act under the said Section 2 of the Act of 1918, and any scheme or regulation so made shall have full effect.

Application of sums unclaimed in stamp sales account.

27.—(1) Such part as the Insurance Commissioners may direct of the sums which under Section 29 of the Act of 1918 (which provides for the disposal of sums unclaimed in the Stamp Sales Account) are to be carried to the National Health Insurance Central Fund shall, instead of being so carried, be credited to Approved Societies in accordance with Schemes to be made by the Insurance Commissioners with the approval of the Minister for Finance, and any sums credited under this Section to an Approved Society shall be applied by the Society in such manner as the schemes may provide for the purpose of preventing my members of the Society who are in arrears and to whom the schemes apply from being or continuing to be suspended from benefit or from having their benefits reduced except by such amounts as the schemes may provide.

(2) This Section shall be deemed to have been in force and shall have effect as from the 31st day of December 1921, and shall continue in force until the 31st day of December, 1923.

Adaptation of Section 54 of the Act of 1911.

28.—(1) Section 54 of the Act of 1911 shall be construed and take effect as if—

( a ) the words "Military Forces (International Arrangements) Insurance Fund" were substituted for the words "Navy and Army Insurance Fund" wherever those words occur in the said Section; and

( b ) the words "Minister for Finance" were substituted for the words "National Debt Commissioners" wherever those words occur in the said Section; and

( c ) the words "in which trustees are for the time being authorised by law to invest trust moneys" were substituted for the words in sub-section (3) beginning "which are for the time being" and ending "1890 to 1909" (inclusive).

(2) So much of the securities vested in the National Debt Commissioners under the said Section 54 of the Act of 1911 at the passing of this Act as are proved, on any apportionment made under this Act or otherwise, to be attributable to Saorstát Eireann may be transferred to and received by the Minister for Finance, and when so received shall be held by the Minister in accordance with the provisions of the said Section 54.

Continuance of the National Health Insurance (Prolongation of Insurance) Act, 1921.

29.—The National Health (Prolongation of Insurance) Act, 1921, shall be deemed to have continued in force and to have had effect as from the 31st day of December, 1922, and shall continue in force until the 31st day of December, 1924.

Short title and construction.

30.—This Act may be cited as the National Health Insurance Act, 1928 , and shall be construed as one with the National Health Insurance Acts, 1911 to 1921, and those Acts and this Act may be cited together as the National Health Insurance Acts, 1911 to 1923.




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