S.I. No. 6/1953:

SOCIAL WELFARE (DISABILITY BENEFIT, MARRIAGE BENEFIT, MATERNITY BENEFIT AND MISCELLANEOUS PROVISIONS) (TRANSITIONAL) REGULATIONS, 1953.

SOCIAL WELFARE (DISABILITY BENEFIT, MARRIAGE BENEFIT, MATERNITY BENEFIT AND MISCELLANEOUS PROVISIONS) (TRANSITIONAL) REGULATIONS, 1953.

The Minister for Social Welfare in exercise of the powers conferred on him by the Social Welfare Act, 1952 (No. 11 of 1952) and in particular by sections 3, 66 and 69 of the said Act and with the sanction of the Minister for Finance, hereby makes the following regulations--

1. These regulations may be cited as the Social Welfare (Disability Benefit, Marriage Benefit, Maternity Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953.

2. These regulations shall come into operation on the 5th day of January, 1953.

3. In these regulations unless the context otherwise requires--

" the Act " means the Social Welfare Act, 1952 ;

" the Minister " means the Minister for Social Welfare ;

" the National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1952 ;

" the appointed day " means the 5th day of January, 1953 ;

" existing contributor " means a person whose insurance as an employed contributor under the National Health Insurance Acts was effective immediately before the appointed day ;

" first normal contribution year for men " means the contribution year applicable to a male existing contributor under the Social Welfare (General Benefit) Regulations, 1953, ( S.I. No. 16 of 1953 ) commencing on the 5th day of January, 1953 ;

" first normal contribution year for women " means the contribution year applicable to a female existing contributor under the Social Welfare (General Benefit) Regulations, 1953, commencing on the 6th day of July, 1953 ;

" first normal benefit year for men " means the benefit year applicable to a male existing contributor under the Social Welfare (General Benefit) Regulations, 1953, commencing on the 7th day of June, 1954 ;

" first normal benefit year for women " means the benefit year applicable to a female existing contributor under the Social Welfare (General Benefit) Regulations, 1953, commencing on the 7th day of December, 1953 ;

" sickness benefit " and " disablement benefit " means sickness benefit and disablement benefit under the National Health Insurance Acts ;

PART I. DISABILITY BENEFIT, MARRIAGE BENEFIT AND MATERNITY BENEFIT.

4. In determining whether the contribution conditions for disability benefit contained in sub-paragraph (a) of paragraph 1 of the Fourth Schedule to the Act and for maternity benefit in sub-paragraphs (a)(i) and (b)(i) of paragraph 3 of the said Schedule have been satisfied by an existing contributor, every contribution actually paid by or in respect of such contributor since last entry into insurance under the National Health Insurance Acts shall be treated as an employment contribution paid under the Act.

5.--(1) In determining whether the contribution condition for marriage benefit contained in sub-paragraph (a) of paragraph 2 of the Fourth Schedule to the Act has been satisfied in respect of an existing contributor every contribution actually paid by or in respect of such contributor since last entry into insurance under the National Health Insurance Acts shall be treated as an employment contribution paid under the Act.

(2) Where an existing contributor fails to satisfy the contribution condition contained in sub-paragraph (a) of paragraph 2 of the Fourth Schedule to the Act she shall, notwithstanding any provisions of the Act or of regulations made thereunder, be entitled to a marriage grant of thirty shillings if not less than fifty-two, forty shillings if not less than seventy-eight, fifty shillings if not less than one hundred and four, sixty shillings if not less than one hundred and thirty employment contributions have been paid by or in respect of her.

(3) Sub-article 2 of this article shall cease to have effect at the end of the first normal contribution year for women.

6. In determining for the purposes of sub-section (1) of section 16 of the Act whether one hundred and fifty-six employment contributions have been paid in respect of an existing contributor, every two contributions actually paid by or in respect of such contributor since last entry into insurance under the National Health Insurance Acts shall be treated as three employment contributions paid under the Act and any odd contribution under the National Health Insurance Acts shall be treated as two employment contributions paid under the Act.

7.--(1) In determining whether the contribution conditions for--

(a) disability benefit contained in sub-paragraph (b) of paragraph 1 of the Fourth Schedule to the Act.

(b) marriage benefit contained in sub-paragraph (b) of paragraph 2 of the said Schedule, and

(c) maternity benefit contained in sub-paragraphs (a)(ii) and (b)(ii) of paragraph 3 of the said Schedule, have been satisfied in respect of an existing contributor, contributions treated as paid or excused under the National Health Insurance Acts by virtue of Article 2 of the National Health Insurance (Arrears) (Amendment) (No. 2) Regulations, 1952 ( S.I. No. 241 of 1952 ) shall be treated as employment contributions paid or credited under the Act.

(2) Where the number of contributions treated as paid or excused under the National Health Insurance Acts by virtue of Article 2 of the National Health Insurance (Arrears) (Amendment) (No. 2) Regulations, 1952, for the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952, is less than fifty and the existing contributor has under the National Health Insurance (Arrears) Regulations, 1946, ( S.I. No. 223 of 1946 ) paid a sum by way of cancelling arrears he shall be deemed to have fifty contributions paid or credited under the Act.

(3) Notwithstanding anything contained in sub-article (1) of this article, the maximum number of employment contributions treated as paid or credited shall not exceed twenty-six in respect of the period from the 7th day of July, 1952, to 4th day of January, 1953.

8.--(1) In the application to a claim by, or in respect of the insurance of a male existing contributor for disability benefit of the conditions contained in sub-paragraph (b) of paragraph 1 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be where the day for which the claim is made occurs during the period commencing on the appointed day and ending immediately before the commencement of the first normal benefit year for men, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952.

(2) In the application to a claim by, or in respect of the insurance of a male existing contributor for maternity grant, of the condition contained in sub-paragraph (a) (ii) of paragraph 3 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be:--

(a) where the relevant time occurs during the first normal contribution year for men the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952,

(b) where the relevant time occurs after the end of the first normal contribution year for men and before the commencement of the first normal benefit year for men the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952, or the first normal contribution year for men.

9.--(1) In the application to a claim by, or in respect of the insurance of a female existing contributor for disability benefit of the condition contained in sub-paragraph (b) of paragraph 1 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be--

(a) where the day for which the claim is made occurs during the period commencing on the appointed day and ending immediately before the commencement of the first normal benefit year for women, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952.

(b) where the day for which the claim is made occurs during the first normal benefit year for women, the period from the 7th day of July, 1952, to the 5th day of July, 1953.

(2) In the application to a claim by, or in respect of the insurance of a female existing contributor for marriage benefit of the condition contained in sub-paragraph (b) of paragraph 2 of the Fourth Schedule to the Act the contribution year referred to in that sub-paragraph shall be--

(a) where the date of the marriage occurs during the period commencing on the appointed day and ending immediately before the commencement of the first normal contribution year for women, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952,

(b) where the date of the marriage occurs during the first normal contribution year for women, the period from the 7th day of July, 1952, to the 5th day of July, 1953.

(3) In the application to a claim by, or in respect of the insurance of a female existing contributor for maternity grant of the condition contained in sub-paragraph (a)(ii) of paragraph 3 of the Fourth Schedule to the Act the contribution year referred to in that sub-paragraph shall be:--

(a) where the date of confinement occurs during the period commencing on the appointed day and ending immediately before the commencement of the first normal contribution year for women, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952,

(b) where the date of confinement occurs during the period commencing with the first normal contribution year for women and ending immediately before the commencement of the first normal benefit year for women, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952, or the period from the 7th day of July, 1952, to the 5th day of July, 1953,

(c) where the date of confinement occurs during the period between the commencement of the first normal benefit year for women and the end of the first normal contribution year for women, the period from the 7th day of July, 1952, to the 5th day of July, 1953,

(d) where the date of confinement occurs during the period commencing immediately after the end of the first normal contribution year for women and ending on the 5th day of December, 1954, the period from the 7th day of July 1952, to the 5th day of July, 1953, or the first normal contribution year for women.

(4) In the application to a claim by, or in respect of the insurance of a female existing contributor for maternity allowance of the condition contained in sub-paragraph (b)(ii) of paragraph 3 of the Fourth Schedule to the Act the contribution year referred to in that sub-paragraph shall, subject to sub-article (5) of this article, be :--

(a) where the relevant time (not being the date of confinement) occurs before the appointed day, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952,

(b) where the relevant time occurs during the period commencing on the appointed day and ending immediately before the commencement of the first normal contribution year for women, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952,

(c) where the relevant time occurs during the first normal contribution year for women the period from the 7th day of July, 1952, to the 5th day of July, 1953.

(5) Where a period for which a maternity allowance is payable begins before the appointed day, maternity allowance shall not be payable in respect of the period before that day but the period for which the allowance is payable shall nevertheless terminate as if the allowance had been payable from the commencement of the said period.

10.--(1) In determining, for the purpose of subsection (1) of section 16 of the Act, the number of days for which an existing contributor has been entitled to disability benefit under the Act in respect of a period of interruption of employment to which this Article applies, the existing contributor shall be treated as if he had been so entitled for one day in that period in respect of each day for which sickness benefit was, or would for the purpose of subsection (5) of section 8 of the National Insurance Act, 1911 have been treated as, payable in respect of a disease or disablement or of any previous disease or disablement of which that disease or disablement was deemed to be a continuation.

(2) In this article, the expression " a period of interruption of employment to which this Article applies " means a period of interruption of employment the first day of which occurs not more than thirteen weeks after the last day before the appointed day in respect of which sickness benefit was, or would for the purpose of subsection (5) of Section 8 of the National Insurance Act, 1911 have been treated as, payable in respect of a disease or disablement.

11.--(1) An existing contributor to whom this article applies shall not be entitled to disability benefit under the Act in respect of any day of incapacity for work ocurring on or after the appointed day unless, in addition to satisfying the relevant contribution conditions as modified by these regulations, there have been paid in respect of him thirteen qualifying contributions in respect of weeks begun or ended since the last day in respect of which he was entitled to sickness benefit (not being weeks earlier than the 2nd day of July, 1951) and before the day of incapacity for work for which disability benefit is claimed.

(2) In this article :--

the expression " existing contributor to whom this Article applies " means an existing contributor who immediately before the appointed day--

(a) was not entitled to sickness or disablement benefit or

(b) would not have been entitled to sickness or disablement benefit had he then been rendered incapable of work by some specific disease or bodily or mental disablement of which notice had been given

for the reason that--

(i) as regards sickness benefit, he had received or had been treated under the National Health Insurance Acts as having received that benefit for a period of twenty-six weeks, and

(ii) as regards disablement benefit, that less than one hundred and four weeks has elapsed since his entry into insurance under the National Health Insurance Acts or less than one hundred and four contributions had been paid by or in respect of him under those Acts ;

the expression " qualifying contributions " means in relation to weeks before the appointed day, contributions under the National Health Insurance Acts paid in respect of employment within the meaning of those Acts and, in relation to subsequent weeks, employment contributions under the Act.

12.--(1) Where, as respects an existing contributor, the last day before the appointed day, in respect of which sickness benefit or disablement benefit was, or would for the purposes of subsection (5) of section 8 of the National Insurance Act, 1911, have been treated as payable, occurred not more than thirteen weeks before the first day of interruption of employment on or after the appointed day forming part of a period of interruption of employment, then subsection (2) of section 15 of the Act shall not in that period of interruption of employment disentitle him to disability benefit for any day of incapacity for work occurring on or after the said first day of interruption of employment.

(2) Where, but for the provisions of paragraph (c) of subsection (1) of section 8 of the National Insurance Act, 1911, an existing contributor would have been entitled to sickness benefit in respect of any day of incapacity occurring within the four days preceding the appointed day, then for the purposes of subsection (2) of section 15 of the Act any day of incapacity in respect of which an existing contributor would have been so entitled to sickness benefit shall be treated as a day of interruption of employment forming part of a period of interruption of employment under the Act.

13. Where, as respects an existing contributor, within a period of six consecutive days--

(a) two days of incapacity for work occur before the appointed day and a day of interruption of employment occurs thereafter, or

(b) a day of incapacity for work occurs before the appointed day and two days of interruption of employment occur thereafter,

the following provisions shall apply--

(i) the day of interruption of employment shall be treated as the third day of interruption of employment, and

(ii) the day of incapacity for work and the two days of interruption of employment shall be treated as three days of interruption of employment

and disability benefit shall, subject to the provisions of the Act, be payable accordingly.

14. Where, on or after the appointed day, there occurs as respects an existing contributor a day of incapacity for work by reason of some specific disease or bodily or mental disablement of which notice has been given for the purposes of the National Health Insurance Acts, the existing contributor shall, unless he has in the meantime recovered from the disease or disablement, be treated as if the notice so given were the prescribed notice for the purposes of the Act.

PART II. MISCELLANEOUS PROVISIONS.

15. Any sum which, but for the provisions of subsection (1) of section 12 of the National Insurance Act, 1911, would have been payable to or in respect of any person on account of sickness or disablement benefit before the appointed day during any period when that person was an inmate of any district institution, hospital, mental hospital, convalescent home, infirmary, sanatorium or similar institution supported by any public authority or out of any public funds or by a charity, or voluntary subscriptions, shall, if and so far as it was not paid or applied during such period in accordance with the provisions of the National Health Insurance Acts, be paid to or in respect of that person in such manner and at such times as the Minister may think fit.

16. The following provisions shall apply as respects any benefit received or payment made under the National Health Insurance Acts to a person not lawfully entitled thereto under the said Acts--

(a) the amount of the benefit or payment may, without prejudice to any other method of recovery, be recovered by deduction from benefit under the Act or otherwise in like manner as if it were a sum paid to that person on account of benefit under the Act which it is subsequently decided was not payable ;

(b) any amount so recovered shall be paid into the Social Insurance Fund.

17.--(1) Where an employer has failed or neglected :--

(a) to pay any contributions under the National Health Insurance Acts which he was liable to pay before the appointed day in respect of any person then in his employment who is an existing contributor ; or

(b) to comply, in relation to any such existing contributor with the requirements of any regulations under the National Health Insurance Acts relating to the payment and collection of contributions ;

and by reason thereof that existing contributor, or a person claiming by virtue of his insurance, has lost, in whole or in part, any benefits to which he or that person would have been entitled under the National Health Insurance Acts or the Act

(i) that existing contributor or person shall be entitled to recover summarily from the employer, his executors and administrators as a civil debt in any court of competent jurisdiction a sum equal to the amount of benefit so lost, or

(ii) where no proceedings are taken under the preceding paragraph the Minister may in the name and on behalf of such existing contributor or of a person claiming by virtue of his insurance recover such amount from any such employer, his executors and administrators as a civil debt in any court of competent jurisdiction.

(2) Proceedings may be taken under this article notwithstanding that proceedings have been taken under any provision of the National Health Insurance Acts other than section 40 of the National Health Insurance Act, 1918 or section 28 of the National Health Insurance Act, 1929 , in respect of the same failure or neglect.

(3) Proceedings under this regulation may, notwithstanding anything to the contrary, be brought at any time within one year after the date on which the existing contributor or the person claiming by virtue of his insurance would, but for the failure or neglect of the employer, have been entitled to receive the benefit lost.

18. Notwithstanding the repeal of the National Health Insurance Acts, the National Health Insurance (Arrears) Regulations, 1946 ( S.I. No. 223 of 1946 ) shall continue in force in so far as they relate to the calculation of the number of contributions paid or excused in periods prior to the appointed day.

19. Contribution cards or insurance cards issued under the National Health Insurance Acts, shall, where appropriate, be deemed for the purposes of the Act to be insurance cards issued under the Social Welfare (Collection of Contributions) Regulations, 1952 ( S.I. No. 381 of 1952 ).

20.--(1) The powers and duties of inspectors appointed under the National Health Insurance Acts in relation to any matters in connection with those Acts pending on or arising after the appointed day shall be exercised and performed by inspectors appointed under the Act.

(2) A claim for benefit under the National Health Insurance Acts may be made at any time after the appointed day notwithstanding the repeal of those Acts, and the provisions of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) in so far as they relate to claims, shall apply subject to sub-article (3) of this Article, to any such claim in like manner as they apply to a claim for the corresponding benefit under the Act.

(3) For the purposes of the submission of evidence of incapacity for work in relation to a claim in respect of any period before the appointed day, the claim shall be treated as if it were a claim under the National Health Insurance Acts for sickness benefit or disablement benefit, as may be appropriate.

(4) As from the appointed day, the provisions of the Social Welfare (Claims and Payments) Regulations 1952 in so far as they relate to payment of benefit, shall apply to any benefit under the National Health Insurance Acts.

(5) A reference in any document to any of the provisions of the National Health Insurance Acts shall, in so far as it continues in force from the appointed day, be construed as referring to the corresponding provision of the Act.

21. Every question and appeal falling to be dealt with under the National Health Insurance (Decisions and Appeals) Order, 1950 ( S.I. No. 189 of 1950 ) and every question falling to be dealt with under section 66 of the National Insurance Act, 1911, which is pending on the appointed day and every such question and appeal arising on or after that day shall (as may be appropriate) be treated as if it were a question or appeal falling to be dealt with under sections 42, 44, 45 or 46 of the Act respectively.

22. For the purposes of subsection (9) of section 39 of the Act, account may be taken to such extent as the Minister for Finance may consider appropriate of any adjustment falling to be made of payments under section 17 of the National Health Insurance Act, 1947 in respect of any period prior to the appointed day.

23. The Act shall have effect subject to the modifications contained in these regulations.

GIVEN under the Official Seal of the Minister for Social Welfare this 2nd day of January, One Thousand Nine Hundred and Fifty-three.

SEAMAS Ó RIAIN,

Minister for Social Welfare.