National Health Insurance Act, 1923

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NATIONAL HEALTH INSURANCE ACT, 1923.

ARRANGEMENT OF SECTIONS

PART I

GENERAL Section

Section 1

Interpretation.

PART II

TRANSITIONAL PROVISIONS

Section 2

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

Section 3

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

Section 4

Obligations of Irish Societies.

Section 5

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

Section 6

Transfer to Irish Societies of appropriate funds.

Section 7

Transfer by Irish Societies of appropriate funds.

Section 8

Application to British branches.

Section 9

Continuation of certain benefits.

Section 10

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

Section 11

Authority for making adjustments.

Section 12

Obligations of Trustees of Societies.

Section 13

Constitution of special account.

Section 14

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

PART III

ADAPTATION OF ENACTMENTS AND MUTUAL ARRANGEMENTS

Section 15

Adaptation of enactments.

Section 16

Provisions as to temporary residence.

Section 17

Mutual arrangements.

Section 18

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

Section 19

Transfer of powers of Joint Committee.

PART IV

APPLICATION OF NATIONAL HEALTH INSURANCE TO SHORT-SERVICE SOLDIERS

Section 20

Contributions in respect of Soldiers.

Section 21

Treatment of soldiers as employed contributors.

Section 22

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

Section 23

Provisions as to arrears.

Section 24

Contributions deemed to be paid in due course.

Section 25

Application and definitions.

PART V

MISCELLANEOUS

Section 26

Abolition of Women's Equalisation Fund.

Section 27

Application of sums unclaimed in stamp sales account.

Section 28

Adaptation of Section 54 of the Act of 1911.

Section 29

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

Section 30

Short title and construction.

Number 20.

NATIONAL HEALTH INSURANCE ACT, 1923.

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 of 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.

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.

Transfer to Irish Societies of appropriate funds.

6.—(1) 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.

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.

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.

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.

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 (1) (b) of this Act, to become and become, members of the Fund.

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.

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.

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.

Treatment of soldiers as em ployed 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.

Provisions 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 months 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.

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.

Application of sums unclaimed in stamp sales accounts.

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 any 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.

Adapation 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).

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, 1923, 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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