No. 14/1950:

SOCIAL WELFARE ACT, 1950

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and citation.

2 Interpretation.

3 Expenses.

4 Commencement of Part II.

PART II DISSOLUTION OF CUMANN AN ARACHAIS NAISIUNTA AR SHLAINTE

5 Dissolution the Society.

6 Extension of certain provisions.

7 Transfer of officers and employees of the Society.

8 Termination of pension scheme and pension fund.

9 Transfer of stocks, shares and securities of the Society.

10 Transfer of other property of the Society.

11 Transfer of liabilities of the Society.

12 Cesser of Reserve Fund.

13 Cesser of Guarantee Fund.

14 Investment of surplus sums in the Fund.

15 Amendment of section 3 of Act 1911 and section 17 of National Health Insurance Act, 1947.

16 Contributions (representing costs of administration) from Fund to expenses of administration of the Acts and this Act.

17 Contributions (representing appropriations) from Fund to expenses of administration of the Acts and this Act.

18 General power to Minister.

19 Repeal of section 2 of National Health Insurance Act, 1942.

20 Modification and application of enactments.

PART III MISCELLANEOUS

21 Payments from Fund for acquisition of land, etc.

22 Restriction of remuneration, etc.

23 Continuation in office of members of committee of management.

24 Adjustments in funds and accounts.

25 Directions with respect to certain requirements.

26 Amendment of section 81 of Act of 1911 and section 16 of National Health Insurance and Widows' and Orphans' Pensions Act, 1936.

27 Amendment of section 17 of National Health Insurance Act, 1947.

28 Repeal.

AN ACT TO DISSOLVE CUMANN AN ARACHAIS NAISIUNTA AR SHLAINTE AND TRANSFER ITS FUNCTIONS TO THE MINISTER FOR SOCIAL WELFARE, TO MAKE PROVISION WITH RESPECT TO MATTERS CONSEQUENTIAL ON OR CONNECTED WITH THE DISSOLUTION AND TRANSFER AND WITH RESPECT TO CERTAIN OTHER MATTERS AND OTHERWISE TO AMEND AND EXTEND THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1948.

[9th June, 1950.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Social Welfare Act, 1950 .

(2) The Acts and this Act may be cited together as the National Health Insurance Acts, 1911 to 1950.

2.—(1) In this Act—

the expression "the Acts" means the National Health Insurance Acts, 1911 to 1948;

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

the expression "the committee of management" means the committee of management of the Society;

the word "functions" includes powers and duties;

the expression "the Fund" means the Irish National Health Insurance Fund;

the expression "the Guarantee Fund" means the guarantee fund set up for the purposes of section 26 of the Act of 1911;

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

the expression "the pension fund" means the pension fund under the pension scheme;

the expression "the pension scheme" means the pension scheme established consequent on the report made pursuant to paragraph (d) of section 10 of the National Health Insurance Act, 1933 (No. 13 of 1933);

the expression "the Reserve Fund" means the National Health Insurance Reserve Fund;

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

the expression "the transfer day" has the meaning assigned to it in section 4.

(2) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of powers.

(3) In this Act, a reference to disposal includes, in relation to land or premises, a reference to the giving of a lease, letting or grant and a reference to acquisition includes, in relation to lands or premises, a reference to the taking of a lease, letting or grant.

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

3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4.—(1) Part II of this Act shall come into operation on such day (in this Act referred to as the transfer day) as may be appointed in that behalf by the Minister by order.

(2) Notwithstanding subsection (1) of this section—

( a ) an intimation referred to in paragraph (a) of subsection (6) of section 7 of this Act may be given to the Minister before Part II of this Act comes into operation, and

( b ) orders may be made under section 20 of this Act before Part II of this Act comes into operation, but any order so made shall be so framed as to come into operation on or after the coming into operation of the said Part II.

PART II DISSOLUTION OF CUMANN AN ARACHAIS NAISIUNTA AR SHLAINTE

5.—(1) The Society shall, by virtue of this subsection, be dissolved and cease to exist.

(2) The functions which the Society had immediately before the transfer day are hereby transferred to the Minister and shall be performed by him.

(3) Nothing in this section shall affect the rights or obligations under the Acts of insured persons or of employers.

6.—The provisions of or made under the Acts which would, if this Part of this Act had not come into operation, apply only to insured persons being members of the Society shall apply to all insured persons.

7.—(1) Subject to subsection (6) of this section where a person was, immediately before the transfer day, an officer or employee of the Society, such person is hereby, notwithstanding anything contained in any other enactment, appointed to a situation in the civil service of the Government, and for the purposes of the Superannuation Acts, 1834 to 1947, he shall be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.

(2) Where a person who is appointed to a situation in the civil service of the Government by virtue of subsection (1) of this section was, immediately before the transfer day, a member of the pension fund, such situation shall be a permanent situation and such of his service under the Society and of his previous service (if any) under any approved society as, but for this Part of this Act, would be reckonable as pensionable service for the purposes of the pension scheme shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.

(3) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the civil service of the Government was, immediately before the transfer day, serving a period of probation on the satisfactory completion of which he would have become a member of the pension fund—

( a ) his service on and after the transfer day shall be reckonable towards completion of the period of probation, and

( b ) on completion of the period of probation and if then deemed satisfactory by the Minister—

(i) he shall hereby, notwithstanding anything contained in any other enactment, be appointed to a permanent situation in the civil service of the Government, and

(ii) any service rendered during the period of probation, which, but for this Part of this Act, would have been treated as pensionable service for the purposes of the pension scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.

(4) In any application of the Superannuation Acts, 1834 to 1947, to a female person to whom subsection (2) or subsection (3) of this section applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and, in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.

(5) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the Civil Service of the Government was, immediately before the transfer day, in receipt of a pension under the Military Service Pensions Acts, 1924 to 1949, the amount of any suspension (whether total or partial) to which the pension becomes liable from time to time as a result of the said appointment shall be recouped to such person by the Minister out of moneys provided by the Oireachtas.

(6) The foregoing provisions of this section shall not apply to—

( a ) a person who has intimated to the Minister in writing that he elects that this section shall not apply to him, or

( b ) a person whose office or employment is professional or technical.

8.—(1) The pension scheme and the pension fund shall, by virtue of this subsection, be terminated and cease to exist.

(2) All property, whether real or personal (including choses-in-action), which, immediately before the transfer day, was vested in the trustees of the pension fund shall, on the transfer day and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become vested in the Minister for Finance and shall be paid into, disposed of or held by him for the benefit of the Exchequer.

(3) Every existing liability and every contingent liability of the pension fund shall, on the transfer day, become a liability of the Minister for Finance and shall be discharged by him out of moneys provided by the Oireachtas.

(4) All property vested in the Minister for Finance by subsection (2) of this section, which, on the transfer day, is standing in the books of any bank, corporation or company in the names of the trustees of the pension fund shall, upon the request of the Minister for Finance, be transferred in such books into the name of that Minister.

(5) Every chose-in-action vested in the Minister for Finance by subsection (2) of this section may be sued upon, recovered or enforced by that Minister in his own name, and it shall not be necessary for him to give notice to the person bound by such chose-in-action of the vesting effected by this section.

(6) Where—

( a ) any general increase of remuneration was granted to the officers and employees of the Society after the 31st day of March, 1949, and before the transfer day, and

( b ) the subvention appropriate to that increase has not been paid into the pension fund before the transfer day,

there shall be paid to the Minister for Finance out of the Fund such amount as that Minister, after consultation with the Minister, fixes as the amount equivalent to the said subvention and, on such amount being so paid, it shall be paid into, disposed of or held by the Minister for Finance for the benefit of the Exchequer.

(7) In this section—

the expression "existing liability" means, in relation to the pension fund, any sum which, immediately before the transfer day, stood due and payable out of that fund;

the expression "contingent liability" means, in relation to the pension fund, any sum, which, but for this Part of this Act, would, on or after the transfer day, become due and payable out of that fund on foot of a periodical allowance which was granted before the transfer day.

9.—(1) All stocks, shares and securities which, immediately before the transfer day, were held by the trustees of the Society or by the Minister on behalf of the Society under paragraph (b) of subsection (1) of section 56 of the Act of 1911, as amended by subsection (4) of section 5 of the National Health Insurance Act, 1920, shall, on the transfer day and without any assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become vested in the Minister for Finance to be held by him on behalf of the Fund.

(2) Stocks, shares or securities vested in the Minister for Finance by this section which, on, the transfer day, are standing in the books of any bank, company or corporation in the name of the trustees of the Society or in the name of the Minister shall, upon the request of the Minister for Finance, be transferred in such books into the name of the Minister for Finance.

10.—(1) Excepting the stocks, shares and securities specified in section 9 of this Act, all property, whether real or personal (including choses-in-action), which immediately before the transfer day, was vested in the Society in its own name or vested in the trustees of the Society shall, on the transfer day and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, become vested in the Minister to be held by him on behalf of the Fund.

(2) Moneys vested in the Minister by this section which, on the transfer day, are standing in the books of any bank in the name of the Society or in the name of the trustees of the Society shall, upon the request of the Minister, be transferred in such books into the name of the Minister.

(3) Every chose-in-action vested in the Minister by this section may be sued upon, recovered or enforced by the Minister in his own name, and it shall not be necessary for him to give notice to the person bound by such chose-in-action of the vesting effected by this section.

(4) The Minister may dispose of any property which is vested in him by this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.

11.—Every debt and other liability of the Society which existed immediately before the transfer day shall on that day become and be a debt or liability of the Minister and shall be discharged by him out of the Fund.

12.—(1) The Reserve Fund shall, by virtue of this subsection, cease to exist.

(2) All sums (including sums represented by stocks, shares or securities) which, immediately before the transfer day were standing to the credit of the Reserve Fund shall, on the transfer day, be carried to the credit of the Fund and shall form part thereof.

13.—(1) The Guarantee Fund shall, by virtue of this subsection, cease to exist.

(2) All sums (including sums represented by stocks, shares or securities) which, immediately before the transfer day were standing to the credit of the Guarantee Fund shall, on the transfer day, be carried to the credit of the Fund and shall form part thereof.

14.—(1) Notwithstanding any other provision of the Acts, all sums standing to the credit of the Fund and not required to meet current expenditure shall be paid over to the Minister for Finance and retained by him until they are so required, and while such moneys are retained by the Minister for Finance, they shall, be invested by him on behalf of the Fund, in accordance with regulations made by him, in any securities in which trustees are for the time being by law empowered to invest trust funds 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.

(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House, within the next twenty-one days on which it sits after the regulation is laid before it, passes a resolution annulling the regulation, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

15.—In the case of the financial year in which the transfer day occurs and every subsequent financial year, the amount expended on the administration of benefits under the Acts shall, for the purposes of section 3 of the Act of 1911 and section 17 of the National Health Insurance Act, 1947 (No. 9 of 1947), be deemed to be the aggregate of—

( a ) the sum of two hundred and fifteen thousand pounds, and

( b ) the sum paid out of the Medical Certification Fund in the financial year in question.

16.—(1) In every financial year, a sum (representing the costs of administration formerly borne by the Society) of two hundred and fifteen thousand pounds shall be paid out of the Fund and appropriated in aid of the moneys provided by the Oireachtas for expenses of the administration of the Acts and this Act.

(2) If this Part of this Act commences on a day which is not the first day of the financial year then current, the reference to the sum of two hundred and fifteen thousand pounds in subsection (1) of this section shall, as respects that financial year, be construed as a reference to the sum bearing the same proportion to two hundred and fifteen thousand pounds as the part of that financial year after such commencement bears to a complete year.

(3) The amounts appropriated pursuant to this section shall discharge any recurring liabilities, arising on or after the transfer day on account of subsection (2) of section 8 of this Act, of the Minister to the Minister for Finance.

17.—In the case of the financial year in which the transfer day occurs and every subsequent financial year, in lieu of making the appropriation required by section 7 of the National Health Insurance Act, 1949 (No. 5 of 1942), a sum of fifteen thousand pounds shall be paid out of the Fund and appropriated in aid of the moneys provided by the Oireachtas for the expenses of administration of the Acts and this Act.

18.—The Minister may do all such things as he considers necessary or expedient for the purpose of winding up the affairs of the Society.

19.—(1) Section 2 of the National Health Insurance Act, 1942 (No. 5 of 1942), is hereby repealed.

(2) In subsection (4) of section 3 of the National Health Insurance Act, 1942 (No. 5 of 1942), for the words "the amount determined by the Minister under this section in relation to such year" there shall be substituted the words "such amount (not being less, in the case of the year ending on the 31st day of March, 1951, and of the year ending on the 31st day of March, 1952, than three hundred thousand pounds) as may be fixed with respect to the year in question by the Minister for Social Welfare with the consent of the Minister for Finance".

20.—(1) Every provision of or made under the Acts shall, subject to any order under subsection (2) or subsection (3) of this section, have effect with such modifications and adaptations as may be necessary for giving effect to this Part of this Act.

(2) The Minister may by order make, in respect of any provision of or made under the Acts, such modifications and adaptations as appear to him to be necessary or expedient for giving effect to this Part of this Act.

(3) The Minister may by order make such applications (whether with or without modifications) to National Health Insurance of any provisions of or made under the Unemployment Insurance Acts, 1920 to 1948, or the Widows' and Orphans' Pensions Acts, 1935 to 1948, as appear to him to be necessary or expedient for giving effect to this Part of this Act and any provisions so applied shall have effect notwithstanding any provisions of or made under the Act.

(4) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House, within the next twenty-one days on which it sits after the order is laid before it, passes a resolution annulling the order, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) An order under this section which will affect accounts or moneys of the Society or of the Fund shall be subject to the sanction of the Minister for Finance.

PART III MISCELLANEOUS

21.—(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund.

(2) A payment shall not be made under subsection (1) of this section on or after the 1st day of July, 1954, save with the consent of the Minister for Finance.

(3) There shall be an investment return in respect of payments made out of the Fund under subsection (1) of this section and such return shall be in the form of contributions to the Fund in respect of the payments made out of the Fund.

For the purposes of this subsection, the payments made out of the Fund under subsection (1) of this section shall, on the former staff of the Society being transferred to any premises acquired pursuant to that subsection, be regarded as being reduced by the value (as agreed upon between the Minister and the Minister for Finance) of the part of those premises that are occupied by the former staff of the Society.

(4) The contributions to be made under subsection (3) of this section shall be at rates to be agreed upon from time to time between the Minister and the Minister for Finance and shall be made into the Fund out of moneys provided by the Oireachtas.

(5) The Minister may dispose of any lands, premises, furniture or equipment which he has acquired, constructed or reconstructed under this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.

(6) A disposal shall not be effected under subsection (5) of this section on or after the 1st day of July, 1954, save with the consent of the Minister for Finance.

(7) In dealing at any time before the 1st day of July, 1954, with any matter arising out of any acquisition, construction or reconstruction pursuant to subsection (1) of this section or arising out of any disposal pursuant to subsection (5) of this section, it shall not be obligatory on the Minister to refer to any other Minister or obtain the consent or sanction of any other Minister.

(8) This section shall be deemed to have come into operation on the 1st day of July, 1949.

22.—(1) It shall not be lawful for the committee of management without the consent of the Minister to pay to any person, who, on the 1st day of January, 1950, was an officer or employee of the Society, remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of such person on the 1st day of January, 1950.

(2) It shall not be lawful for the committee of management without the consent of the Minister to pay to any person who, after the 1st day of January, 1950, and before the passing of this Act, became an officer or employee of the Society, remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of a similar officer or employee of the Society on the 1st day of January, 1950.

(3) It shall not be lawful for the committee of management without the consent of the Minister to fix or alter the remuneration of any person becoming an officer or employee of the Society after the passing of this Act.

(4) Where an officer or employee, of the Society has remuneration comprising a scale of annual increments, nothing in this section shall restrict the grant in accordance with the scale of any of the increments.

23.—(1) Where, on the 1st day of August, 1950, an appointment of the transfer day either has not been made or, if it has been made, is an appointment of a day after the 1st day of August, 1950—

( a ) the persons who, immediately before the 1st day of August 1950, held office as employees' members, insured persons' (trade union nominees) members and insured persons' (local authorities' nominees) members of the committee of management shall, subject to any vacancies that may occur by reason of death, resignation or disqualification, continue to hold office as such members until the transfer day, and

( b ) any vacancy which, on or after the 1st day of August, 1950, and before the transfer day, occurs among such members shall not be filled.

(2) The appointment of employers' members, nomination of insured persons' (trade union nominees) members and election of insured persons' (local authorities' nominees) members of the committee of management to hold office for the year beginning on the 1st day of August, 1950, shall not be carried out and, if any such appointment, nomination or election is carried out, it shall be void.

(3) Subsection (2) of this section shall be deemed to have come into operation on the 1st day of January, 1950.

24.—(1) The Minister may make such adjustments in the funds and accounts relating to National Health Insurance under his control as he considers necessary or expedient consequent on the pending dissolution of the Society or, after the dissolution of the Society, consequent on such dissolution.

(2) An adjustment under subsection (1) of this section shall be subject to the sanction of the Minister for Finance.

(3) The Minister for Finance may make such adjustments in the funds and accounts relating to National Health Insurance under his control as he considers necessary or expedient consequent on the pending dissolution of the Society or, after the dissolution of the Society, consequent on such dissolution.

25.—(1) Where the Minister directs that, in view of the pending dissolution of the Society or, after the dissolution of the Society, in view of such dissolution, it is not necessary or is not expedient to carry out a specified requirement of any provision of or made under the Acts, the requirement shall not be carried out.

(2) Where the Minister directs that, in view of the pending dissolution of the Society or, after the dissolution of the Society, in view of such dissolution, it is necessary or is expedient that a specified requirement of any provision of or made under the Acts shall be carried out subject to specified modifications, the requirement shall be carried out subject to those modifications.

(3) A direction under this section, relating to a requirement with respect to accounts or moneys of the Society or of the Fund shall be subject to the sanction of the Minister for Finance.

(4) In this section, the word "requirement" includes a requirement in relation to a period before, or partly before and partly after, the passing of this Act.

26.—(1) This section applies to the following enactments:—

( a ) subsections (10) and (11) of section 81 of the Act of 1911 as amended by subsection (2) of section 16 of the Social Welfare Act, 1948 (No. 17 of 1948), and

( b ) paragraph (d)of section 16 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936).

(2) In the case of the year ending on the 31st day of December, 1950, and of every subsequent year, the amount to be paid out of moneys provided by the Oireachtas into the Fund pursuant to the enactments to which this section applies shall, in lieu of being the amount appropriate in accordance with those enactments, be forty-four thousand pounds.

(3) The amounts paid before the passing of this Act out of moneys provided by the Oireachtas into the Fund in respect of the year which ended on the 31st day of December, 1948, and in respect of the year which ended on the 31st day of December, 1949, pursuant to the enactments to which this section applies shall be deemed to be the amounts due and payable up to the passing of this Act in accordance with those enactments in respect of those years, and, accordingly, no adjustments shall fall to be made with respect to those amounts.

27.—(1) Section 17 of the National Health Insurance Act, 1947 (No. 9 of 1947), is hereby amended by the deletion in subsection (2) of the words "during that financial year".

(2) This section shall be deemed to have come into operation on the passing of the National Health Insurance Act, 1947 .

28.—(1) The Scottish Insurance Companies (Superannuation Fund) Order, Confirmation Act, 1914, is hereby repealed.

(2) This section shall be deemed to have come into operation on the 5th day of July, 1948.