National Health Insurance Act, 1929
What is this act about?
This law, the National Health Insurance Act, 1929, amends previous National Health Insurance Acts from 1911 to 1928, primarily by changing rules around membership, benefits, and administration of national health insurance.
Who it applies to: Persons employed who were previously exempt from national health insurance; Insured persons seeking membership or already members of approved societies.
At a glance
- Country
- Ireland
- Area of law
- Banking, insurance and financial markets
- Articles
- 33
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The granting and validity of certificates of exemption from national health insurance.
- The benefits available to certain exempted persons and the management of related funds.
- The conditions for admission to and expulsion from approved societies for national health insurance.
- The financial provisions and administration of various health insurance funds.
Who does this act apply to?
- Persons employed who were previously exempt from national health insurance.
- Insured persons seeking membership or already members of approved societies.
What are the key points?
- No new certificates of exemption from national health insurance will be granted after this Act's passing.
- Existing certificates of exemption will cease to be in force by January 5th, 1930, at the latest.
- Certain exempted persons holding certificates on January 5th, 1930, will be entitled to benefits from the Irish Exempt Persons Fund after January 6th, 1930.
- Approved societies generally cannot reject applicants for membership who are insured persons, with specific exceptions related to health or employment.
Banking, insurance and financial markets
Banking, insurance and financial markets
Legal text
Legal text
Contents (33)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
National Health Insurance Act, 1929 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1929 National Health Insurance Act, 1929 National Health Insurance Act, 1929 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 42 of 1929.
NATIONAL HEALTH INSURANCE ACT, 1929.
ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Abolition of certificates of exemption.
Section 3
Benefits of certain exempted persons after 5th January, 1930.
Section 4
Irish Migratory Labourers Exemption Fund.
Section 5
Admission to membership of approved society.
Section 6
Expulsion of member of approved society.
Section 7
Disqualification of non-member for benefits.
Section 8
Deferment of right to benefit in certain cases.
Section 9
Date of admission to membership.
Section 10
Admission to approved societies of deposit contributors.
Section 11
Financial provisions in relation to transferred deposit contributors.
Section 12
Abolition of deposit contributors.
Section 13
Military deposit contributors.
Section 14
Failure to submit evidence of incapacity.
Section 15
Married women.
Section 16
Junior assistant mistresses in National Schools.
Section 17
Amendment of section 112 of the Act of 1911.
Section 18
Amendment of section 12 of the Act of 1918.
Section 19
Limitation of right to pay contributions in respect of period of unemployment.
Section 20
Amendments of the Act of 1923.
Section 21
Reservists undergoing training.
Section 22
Reservists on service.
Section 23
Abolition of sanatorium benefit and Insurance Committees.
Section 24
Grant to counties and county boroughs.
Section 25
Provision of funds for Medical Certification Fund.
Section 26
Sums to be paid out of Medical Certification Fund.
Section 27
Second medical opinions on and after 1st January, 1930.
Section 28
Recovery of contributions.
Section 29
Accounts of approved societies.
Section 30
Extension of section 17 of the Act of 1913.
Section 31
General regulations.
Section 32
Repeals.
Section 33
Short title, construction and citation.
FIRST SCHEDULE.
SECOND SCHEDULE.
Acts Referred to National Health Insurance Act, 1923 No. 20 of 1923 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Number 42 of 1929.
NATIONAL HEALTH INSURANCE ACT, 1929.
AN ACT TO AMEND THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1928. [20th December, 1929.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Interpretation.
1.—(1) In this Act— the expression “the Insurance Commissioners” means the Irish Insurance Commissioners; the expression “the Acts” means the National Health Insurance Acts, 1911 to 1928; the word “prescribed” means prescribed by regulations made under section 65 of the Act of 1911 as extended by this Act.
Abolition of certificates of exemption.
2.—(1) No certificate (in this Act referred to as a certificate of exemption) under section 2 of the Act of 1911 as extended by sub-section (3) of section 81 of the Act of 1911 or under section 2 of the Act of 1911 as extended by section 5 of the Act of 1913, section 8 of the Act of 1918, and the proviso to sub-section (1) of section 1 of the Act of 1919 exempting a person employed within the meaning of Part I of the Act of 1911 from liability to become or continue to be insured under the said Part I shall be granted (by way of renewal or otherwise) to any person after the passing of this Act and if any such certificate is granted after the passing of this Act it shall be void and of no effect.
Benefits of certain exempted persons after 5th January, 1930.
3.—(1) For the purposes of this section the account known and in this section referred to as the Irish Exempt Persons Fund established under sub-section (4) of section 4 of the Act of 1911 shall, notwithstanding the repeal of the said sub-section (4) as from the 6th day of January, 1930, effected by this Act, continue to exist until all liabilities against the said account have been met.
Irish Migratory Labourers Exemption Fund.
4.—Any moneys standing to the credit of the account known as the Irish Migratory Labourers Exemption Fund established under sub-section (3) of section 81 of the Act of 1911 as at the 5th day of January, 1930, shall be carried to the Reserve Suspense Fund.
Admission to membership of approved society.
5.—(1) Notwithstanding anything contained in sub-section (2) of section 30 of the Act of 1911, an approved society shall, subject to the provisions of this section, not be entitled to reject an applicant for membership therein who either— (a) is a member of an employer's provident fund who has been called upon in accordance with the rules of such fund to withdraw from membership on the termination of his employment with the employer guaranteeing the fund, or (b) being an insured person or a person entitled to become an insured person is not already a member of another approved society, unless such applicant is not qualified under any rule of such first mentioned society limiting membership, in the case of an employer's provident fund, to insured persons employed by the particular employer or employers guaranteeing the fund, or, in any other case, to a particular class of insured persons or to insured persons resident in a particular area or otherwise.
Expulsion of member of approved society.
6.—(1) Subject to the provisions of this section, an approved society shall not be entitled to expel from membership thereof a member being an insured person.
Disqualification of non-member for benefits.
7.—An insured person (other than a person in respect of whom an account is open at the passing of this Act in the Deposit Contributors Fund or a person who is a member of the Military Forces (International Arrangements) Insurance Fund), shall not be entitled to any benefit unless and until he has become a member of an approved society.
Deferment of right to benefit in certain cases.
8.—(1) Notwithstanding anything contained in the Acts, an insured person (other than a person in respect of whom an account is open in the Deposit Contributors Fund or a person who is a member of the Military Forces (International Arrangements) Insurance Fund) who does not become a member of an approved society within the prescribed time shall not, unless the Insurance Commissioners in any particular case otherwise direct, on becoming a member of an approved society become entitled to the benefits administered by such society to which if this section had not passed he might be entitled, until the expiration of thirteen weeks from the date of his application for admission to membership of such last mentioned society.
Date of admission to membership.
9.—Subject to the provisions of sub-section (1) of the foregoing section when such sub-section comes into operation, an insured person who has been admitted to membership of an approved society, otherwise than by transfer from another approved society or from the Deposit Contributors Fund or from the Military Forces (International Arrangements) Insurance Fund or in pursuance of any arrangements made with Great Britain or the Isle of Man, shall be deemed to have become a member of such society as from the date of his last entry into insurance, but this provision shall not be construed as conferring on such insured person any right to benefit in respect of any claim arising before the date of his application for admission to such membership.
Admission to approved societies of deposit contributors.
10.—(1) Save as hereinafter provided by this section an approved society shall not, after the expiration of the prescribed period, admit to membership of such society any insured person who has an account in the Deposit Contributors Fund.
Financial provisions in relation to transferred deposit contributors.
11.—(1) There shall be credited to an approved society and charged to the Reserve Suspense Fund in respect of every deposit contributor who is transferred by the Insurance Commissioners to and becomes a member of such society under the foregoing section a sum representing the liability calculated in accordance with the provisions of the valuation regulations for the time being in force.
Abolition of deposit contributors.
12.—The provisions of the Acts in relation to deposit contributors shall cease as from the passing of this Act to have effect in relation to all insured persons in respect of whom accounts do not at the date of such passing exist in the Deposit Contributors Fund, and shall cease to have effect in relation to an insured person in respect of whom an account exists at the passing of this Act in the Deposit Contributors Fund as from the date on which he becomes a member of an approved society.
Military deposit contributors.
13.—(1) The balance which was to the credit of the account of a person to whom this section applies in the Deposit Contributors Fund at the date of his enlistment shall be transferred on the passing of this Act to the Reserve Suspense Fund.
Failure to submit evidence of incapacity.
14.—(1) Where an insured person, who has given notice of illness within the prescribed time, fails or neglects for a period exceeding twelve months to submit or continue to submit medical or other satisfactory evidence of the incapacity in respect of which such notice was given he shall be treated as if he had recovered from the incapacity as from the end of the period in respect of which he last submitted such evidence, unless either the approved society administering the benefit is satisfied or, in the case of a dispute, it is decided in manner provided by the Acts that the insured person had a reasonable excuse for not submitting or continuing to submit medical or other satisfactory evidence of incapacity.
Married women.
15.—(1) Section 22 of the Act of 1918 shall cease to have effect in relation to a woman being an insured person and a member of an approved society who marries after the passing of this Act.
Junior assistant mistresses in National Schools.
16.—(1) Notwithstanding anything contained in the Acts the Minister for Education shall, for the purposes of the provisions of the said Acts relating to the payment and collection of contributions, be deemed to be the employer of junior assistant mistresses employed in National Schools.
Amendment of section 112 of the Act of 1911.
17.—Paragraph (a) of sub-section (1) of section 112 of the Act of 1911 is hereby amended by the deletion of the words “other than a private dwelling-house not being a workshop” now contained therein.
Amendment of section 12 of the Act of 1918.
18.—Sub-section (2) of section 12 of the Act of 1918 and the proviso to the said sub-section are hereby amended by the deletion of the word “three” whenever that word occurs and the insertion in lieu thereof of the word “seven.”
Limitation of right to pay contributions in respect of period of unemployment.
19.—(1) Where a woman being an insured person marries after the passing of this Act and again becomes employed after the date of her marriage and within twelve months thereof, she shall not be entitled in respect of any period during which she remains an insured person commencing from the date on which she again becomes so employed to avail herself of the provisions of sub-section (2) of section 13 of the Act of 1918.
Amendments of the Act of 1923.
20.—(1) The following amendments are hereby made in the Act of 1923, that is to say:— (a) in paragraph (b) of sub-section (1) of section 20 there shall be inserted after the word “soldier” now contained therein the words “who has enlisted for a period of not less than six months' army service, and”; (b) in sub-section (2) of section 25 the words “other than a commissioned officer, a cadet who has become a member of the Armed Forces for the purposes of training for appointment to commissioned rank, or a man who on the completion of a period of army service has been transferred to the Reserve (in pursuance of Chapter V. of Part II. of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923))” shall be substituted for the words “of whatever rank”.
Reservists undergoing training.
21.—(1) Where a man belonging to the Reserve complies with the following conditions, namely:— (a) is undergoing training under section 220 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) and is in receipt of pay in respect of such training out of moneys provided by the Oireachtas for defence service, and (b) is immediately before commencing to undergo such training an insured person, such man shall for the purposes of the Acts, be deemed while undergoing such training to be employed within the meaning of the said Acts and to be in the sole employment of the Minister for Defence.
Reservists on service.
22.—Part IV. of the Act of 1923 shall, subject to such adaptations and modifications as may be prescribed, apply to men belonging to the Reserve when called out on service otherwise than under section 220 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and also to officers of the Reserve specially called out or commissioned for such service, but save as aforesaid shall not apply to such men or officers.
Abolition of sanatorium benefit and Insurance Committees.
23.—(1) On and from the 1st day of January, 1930, sanatorium benefit shall cease to be included among the benefits conferred by Part I. of the Act of 1911.
Grant to counties and county boroughs.
24.—(1) By way of compensation for the withdrawal after the year 1929 of the moneys theretofore available under paragraph (a) of sub-section (2) of section 16 of the Act of 1911 for the defraying of sanatorium benefit, there shall be paid out of moneys provided by the Oireachtas in every year after the year 1929 a sum of £27,750 and such sum shall annually be distributed among such councils of counties and county boroughs and such boards of health and in such manner and subject to such conditions as the Minister for Local Government and Public Health, with the concurrence of the Minister for Finance, shall appoint.
Provision of funds for Medical Certification Fund.
25.—(1) There shall be debited— (a) to the benefit fund of every approved society in respect of each member (not being a serving soldier) of such society the sum of five pence for the year 1929 and the sum of two shillings for the year 1930 and for every succeeding year; and (b) to the Military Forces (International Arrangements) Insurance Fund in respect of each member (not being a serving soldier) of that fund the sum of five pence for the year 1929 and the sum of two shillings for the year 1930 and for every succeeding year; and (c) to the Deposit Contributors Fund for the year 1929 in respect of each member of that fund the sum of five pence; and (d) to the Exempt Persons Fund for the year 1929 in respect of each member of that fund the sum of two pence and one halfpenny.
Sums to be paid out of Medical Certification Fund.
26.—There shall be paid out of the Medical Certification Fund— (a) such sums in respect of the year 1929 and of every subsequent year as the Insurance Commissioners, with the approval of the Minister for Finance, may determine to be payable to medical practitioners for medical certification, and (b) such sums as may be required to meet the cost of obtaining second medical opinions on and from the 1st day of January, 1929, to the 31st day of December, 1929, through the medium of medical referees under the scheme established for that purpose by the Insurance Commissioners with the approval of the Minister for Finance, and (c) such sums in respect of the year 1929 and of every subsequent year as the Insurance Commissioners, with the approval of the Minister for Finance, may determine to be payable towards meeting the cost of administering the medical certification scheme.
Second medical opinions on and after 1st January, 1930.
27.—On and from the 1st day of January, 1930, the cost of obtaining second medical opinions through the medium of medical referees under the scheme established for that purpose by the Insurance Commissioners, with the approval of the Minister for Finance, shall be met out of moneys provided by the Oireachtas.
Recovery of contributions.
28.—(1) Where an employer has failed or neglected to pay any contributions which under the Acts he is liable to pay in respect of an employed contributor and which accrued due on or after the 3rd day of January, 1927, the amount which he has so failed or neglected to pay shall be a debt due and payable by such employer to the Insurance Commissioners, and, without prejudice to any other method of recovery, shall be recoverable from such employer, his executors and administrators, by the said Commissioners as a civil debt in any court of competent jurisdiction, and when so recovered and paid shall be treated as a payment in satisfaction of such contributions.
Accounts of approved societies.
29.—The provisions set forth in the First Schedule to this Act shall have effect with respect to the accounts of approved societies and branches thereof for the year 1930 and subsequent years and the audit of such accounts.
Extension of section 17 of the Act of 1913.
30.—Section 17 of the Act of 1913 which empowers the Insurance Commissioners to authorise variations in the rules of approved societies rendered necessary by the passing of that Act shall have effect as if the reference therein to amendments rendered necessary by the passing of that Act included a reference to variations or amendments rendered necessary by the passing of this Act.
General regulations.
31.—The purposes for which regulations may be made by the Insurance Commissioners under section 65 of the Act of 1911 shall include the purpose of prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
Repeals.
32.—The several enactments specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and as on and from the respective dates specified in the fourth column of the said Schedule.
Short title, construction and citation.
33.—(1) This Act may be cited as the National Health Insurance Act, 1929 and shall be construed as one with the National Health Insurance Acts, 1911 to 1928.
FIRST SCHEDULE.
Audit of Accounts of Approved Societies and Branches Thereof.
1.—(1) Subject to the provisions of this paragraph, if it appears to any auditor to whom the accounts of an approved society (including the accounts of any officer or servant of the society) have been submitted under paragraph (a) of sub-section (1) of section 35 of the Act of 1911 that any item of account is contrary to law, or that any money or income which ought to have been brought into account has not been so brought into account, the auditor shall disallow the item of account and shall surcharge the amount of any unlawful payment or expenditure, or of any loss or deficiency, upon any member of the committee of management, officer, or servant of the society or other person by whose gross negligence or misconduct that payment or expenditure has been made or authorised or that loss or deficiency has been incurred.
2.—(1) The committee of management of an approved society or any person aggrieved by any disallowance or surcharge may, within thirty days after the date of the auditor's certificate, appeal to the Insurance Commissioners, whose decision shall be final, and the procedure on appeal shall be such as may be prescribed.
3.—(1) The Insurance Commissioners, in considering whether any item of account shall be sanctioned, or in determining any appeal under this Schedule, may, if they are of opinion that any disallowance or surcharge has been or would be lawfully made, but that in the circumstances of the case it is equitable that the disallowance or surcharge should not be made, sanction the item of account and remit the disallowance or surcharge.
4.—In any case in which an appeal has been made to the Insurance Commissioners, the auditor may reopen the audit for the purpose of giving effect to the decision of the Insurance Commissioners.
5.—(1) Any sum surcharged by the auditor, or any balance certified by him to be due, shall be paid to the Insurance Commissioners by the person who is surcharged or from whom the balance is certified to be due within thirty days after the date of the auditor's certificate, or, if an appeal is lodged and the amount surcharged or certified to be due is not remitted, within thirty days after the date of the decision of the Commissioners, and if not paid within the time aforesaid may be recovered by the Commissioners summarily as a civil debt, and the costs of any proceedings for the recovery of any such sum so far as not recovered from the person surcharged shall be charged to the approved society.
6.—Any person who knowingly recharges to the funds of an approved society any sum which has been disallowed by the auditor and has not been allowed by the Insurance Commissioners on appeal shall be guilty of an offence under this Schedule and shall be liable on summary conviction thereof to a fine not exceeding three times the amount of the sum so recharged.
7.—The provisions of this Schedule shall apply to branches of an approved society in like manner as they apply to approved societies.
SECOND SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year.
Short title.
Extent of Repeal.
Date of Repeal.
1 & 2 Geo. V. c. 55.
National Insurance Act, 1911.
Section 2, sub-section (4) of section 4, and sub-section (3) of section 81.
6th January, 1930.
3 & 4 Geo. V. c. 37.
National Insurance Act, 1913.
Sections 5 and 9.
6th January, 1930.
7 & 8 Geo. V. c. 62.
National Health Insurance Act, 1918.
Sections 8, 10 and 45.
6th January, 1930.
9 & 10 Geo. V. c. 36.
National Health Insurance Act, 1919.
The proviso to sub-section (1) of section 1.
6th January, 1930.
10 & 11 Geo. V. c. 10.
National Health Insurance Act, 1920.
Sub-section (3) of section 1.
6th January, 1930.
No. 20 of 1923.
National Health Insurance Act, 1923 .
Sub-section (5) of section 20 .
The passing of this Act.
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