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National Health Insurance and Widows' and Orphans' Pensions Act, 1936

I gCúinne Géar

Is éard atá sa dlí seo ná leasuithe ar na hAchtanna um Árachas Sláinte Náisiúnta agus ar an Acht um Pinsin do Bhaintreacha agus do Dhílleachtaí, 1935. Tá sé mar aidhm aige forálacha a nuashonrú maidir le hárachas sláinte agus pinsin do ghrúpaí áirithe, lena n-áirítear pearsanra míleata.

Cad a Rialálann sé

  • Leasuithe ar na hAchtanna um Árachas Sláinte Náisiúnta, 1911 go 1934.
  • Leasuithe ar an Acht um Pinsin do Bhaintreacha agus do Dhílleachtaí, 1935.
  • Comhdhéanamh agus ceapachán choiste bainistíochta an Chumainn Aontaithe.
  • Árachas sláinte do shaighdiúirí áirithe den Bhuanfhórsa agus do chomhaltaí den Fhórsa Cúltaca.

Cé lena mbaineann sé

  • Daoine árachaithe faoi na hAchtanna um Árachas Sláinte Náisiúnta.
  • Fostóirí.
  • Saighdiúirí den Bhuanfhórsa agus comhaltaí den Fhórsa Cúltaca.

Príomhphointí

  • Déantar foráil sa dlí seo maidir le leasuithe ar Achtanna Árachais Sláinte Náisiúnta agus ar an Acht um Pinsin do Bhaintreacha agus do Dhílleachtaí, 1935.
  • Tá coiste bainistíochta an Chumainn Aontaithe comhdhéanta de chúig chomhalta déag, lena n-áirítear cathaoirleach, triúr iontaobhaithe, triúr comhaltaí fostóirí, triúr comhaltaí ainmnitheach ceardchumann, agus cúig chomhalta tofa.
  • Ní mór do chomhaltaí ainmnitheach ceardchumann nó comhaltaí ainmnitheach údarás áitiúil a bheith 21 bhliain d'aois ar a laghad, a bheith ina nduine árachaithe, agus gan a bheith ina n-oifigeach nó ina bhfostaí de chuid an Chumainn Aontaithe ná ina gcomhalta de choiste bainistíochta nó de bhord stiúrthóirí aon chuideachta árachais.
  • Tháinig an tAcht i bhfeidhm an 6ú lá d'Eanáir, 1936.
Legal text
Legal text

National Health Insurance and Widows' and Orphans' Pensions Act, 1936 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.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1936 National Health Insurance and Widows' and Orphans' Pensions Act, 1936 National Health Insurance and Widows' and Orphans' Pensions Act, 1936 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 12 of 1936. NATIONAL HEALTH INSURANCE AND WIDOWS' AND ORPHANS' PENSIONS ACT, 1936. ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, citation, and commencement. 2. Definitions. 3. General regulations. 4. Repeals. PART II Amendments of the National Health Insurance Acts, 1911 to 1934 5. Amendment of section 17 of the National Health Insurance Act, 1923. 6. The committee of management of the Unified Society. 7. Chairman of the committee of management of the Unified Society. 8. Employers members. 9. Qualification for and disqualification of insured persons (trades union nominees) members and insured persons' (local authorities' nominees) members. 10. Insured persons' (trades union nominees) members. 11. Insured persons' (local authorities' nominees) members electorate. 12. Insured persons' (local authorities' nominees) members. 13. Insurance of certain soldiers of the Permanent Force. 14. Insurance of members of the Reserve Force. 15. Contributions in respect of persons insurable at the Army rate. 16. Position as regards insurance of persons insurable at the Army rate. PART III Amendments of the Widows' And Orphans' Pensions Act, 1935 17. Amendment of section 13 of the Widows' and Orphans' Pensions Act, 1935, in respect of certain existing soldiers of the Permanent Force. 18. Recovery from employer of amount of contributory pension lost owing to his default. SCHEDULE Acts Referred to Widows' and Orphans' Pensions Act, 1935 No. 29 of 1935 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 National Health Insurance Act, 1933 No. 13 of 1933 National Health Insurance Act, 1923 No. 20 of 1923 National Health Insurance Act, 1929 No. 42 of 1929 Number 12 of 1936. NATIONAL HEALTH INSURANCE AND WIDOWS' AND ORPHANS' PENSIONS ACT, 1936. AN ACT TO AMEND THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1934, AND THE WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 . [3rd April, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title, citation, and commencement. 1.—

(1)This Act may be cited as the National Health Insurance and Widows' and Orphans' Pensions Act, 1936.
(2)Part II of this Act shall be construed as one with the National Health Insurance Acts, 1911 to 1934, as amended by Part VIII of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).
(3)The National Health Insurance Acts, 1911 to 1934, so much of Part VIII of the Widows' and Orphans' Pensions Act, 1935 , as amends the said Acts, and Part II of this Act may be cited together as the National Health Insurance Acts, 1911 to 1936.
(4)Part III of this Act shall be construed as one with the Widows' and Orphans' Pensions Act, 1935 .
(5)The Widows' and Orphans' Pensions Act, 1935 , and Part III of this Act may be cited together as the Widows' and Orphans' Pensions Acts, 1935 and 1936.
(6)This Act shall be deemed to have come into operation and shall have effect as on and from the 6th day of January,
  1. Definitions. 2.—In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “the National Health Insurance Acts” means the National Health Insurance Acts, 1911 to 1934, as amended by Part VIII of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), this Act and any subsequent enactment; the expression “the Defence Forces Act” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923); the expression “the Unified Society” means Cumann an Árachais Náisiúnta ar Shláinte; the expression “the appointed day under the Act of 1933” means the day appointed by the Minister under section 2 of the National Health Insurance Act, 1933 (No. 13 of 1933), to be the appointed day for the purposes of the said Act; the expression “the Permanent Force” means the force established under Part I of the Defence Forces Act; the expression “the Reserve Force” means the reserve force established under Part III of the Defence Forces Act; the word “soldier” means any person who is a member of the Permanent Force, other than a person commissioned as an officer of the Permanent Force, a person who having enlisted in the Permanent Force is on enlistment appointed a cadet, or a man of the Reserve Force who is called out on permanent service under Part III of the Defence Forces Act; the expression “army service” means service in the Permanent Force as a soldier; the expression “member of the Reserve Force” means any person who is a member of the Reserve Force, including any person commissioned as an officer of the Reserve Force and a man of the Reserve Force who is called out on permanent service under Part III of the Defence Forces Act; the word “prescribed” means prescribed by regulations made under section 65 of the National Insurance Act, 1911, as extended by this Act. General regulations. 3.—The purposes for which regulations may be made by the Minister under section 65 of the National Insurance Act, 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. 4.—The several enactments specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule. PART II. Amendments of the National Health Insurance Acts, 1911 to
  2. Amendment of the National Health Insurance Act,
  3. Amendment of section 17 of the National Health Insurance Act,
  4. 5.— Section 17 of the National Health Insurance Act, 1923 (No. 20 of 1923) shall be construed and have effect as if the following paragraph were inserted in sub-section
(1)thereof in lieu of paragraph (
  1. d)now contained therein, that is to say:— “(
  2. 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 the other country, for determining in what cases contributions payable in respect of persons employed on the ship are to be payable under the enactments relating to national health insurance in force in Great Britain, and in what cases they are to be payable under those enactments in force in Saorstát Eireann.” Amendment of the National Health Insurance Act, 1933 , in Relation to the Constitution of the Committee of Management of the Unified Society. The committee of management of the Unified Society. 6.—
(1)On and after the appointed day under the Act of 1933 the committee of management of the Unified Society shall consist of fifteen members, namely— (
  1. a)the chairman for the time being of the committee of management of the Unified Society, (
  2. b)the three trustees for the time being of the Unified Society, (
  3. c)three members (in this Act referred to as employers' members) appointed, in the manner provided by this Act, by the Minister, (
  4. d)three members (in this Act referred to as insured persons' (trade union nominees) members) nominated, in the manner provided by this Act by the National Executive of the Irish Trades Union Congress, (
  5. e)five members (in this Act referred to as insured persons' (local authorities' nominees) members) elected, in the manner provided by this Act, by the Insured Persons' (Local Authorities' Nominees) Members Electorate.
(2)There shall be paid by the Unified Society to each member of the committee of management of the Unified Society such allowances (if any) as the Minister may from time to time determine in respect of such member. Chairman of the committee of management of the Unified Society. 7.—
(1)There shall be a chairman (in this section referred to as the chairman) of the committee of management of the Unified Society.
(2)The following provisions shall have effect in relation to the chairman, that is to say:— (
  1. a)the chairman shall be appointed by the Minister; (
  2. b)the chairman shall, unless he sooner dies, resigns, or is removed from office by the Minister, hold office for the prescribed period, but shall be eligible for re-appointment; (
  3. c)the Minister may remove the chairman from office. Employers members. 8.—The following provisions shall have effect in relation to the employers' members, that is to say:— (
  4. a)such members shall be representative of employers of insured persons and shall be appointed by the Minister; (
  5. b)every employers' member shall, unless he sooner dies, resigns, or is removed from office by the Minister, hold office for the prescribed period, but shall be eligible for re-appointment; (
  6. c)the Minister may remove from office any employers' member; (
  7. d)in the event of a vacancy (in this sub-section referred to as a casual vacancy) occurring amongst the employers' members, the Minister shall, as soon as may be, appoint a person to fill such vacancy; (
  8. e)a person appointed under the immediately preceding paragraph to fill a casual vacancy in the membership of the committee of management of the Unified Society shall, unless he sooner dies, resigns, or is removed from office by the Minister, hold office as a member of the committee of management of the Unified Society for the residue of the term of office for which the member whose death, resignation, or removal from office occasioned the vacancy would have held office if he had not died, resigned, or been removed from office. Qualification for and disqualification of insured persons (trades union nominees) members and insured persons' (local authorities' nominees) members. 9.—
(1)A person shall not be qualified to be nominated an insured persons' (trades union nominees) member or to be elected, nominated, or selected as an insured persons' (local authorities' nominees) member if at the date of his nomination, election or selection— (
  1. a)he is under the age of twenty-one years, or (
  2. b)he is not an insured person, or (
  3. c)he is an officer or employee of the Unified Society, or (
  4. d)he is a member of the committee of management or board of directors of any society or company transacting insurance business, or (
  5. e)he is employed as an officer, agent or employee of any such society or company.
(2)Whenever an insured persons' (trades union nominees) member or an insured persons' (local authorities' nominees) member is employed as an officer or employee of the Unified Society, or becomes a member of the committee of management or board of directors of any society or company transacting insurance business, or is employed as an officer, agent, or employee of any such society or company, he shall be disqualified from continuing to be and shall forthwith cease to be an insured persons' (trades union nominees) member or an insured persons' (local authorities' nominees) member (as the case may be). Insured persons' (trades union nominees) members. 10.—
(1)In the year 1936 and every subsequent year, but not later than the 15th day of May in such year, the National Executive of the Irish Trade Union Congress (in this section referred to as the Executive) shall nominate three qualified persons to be insured persons' (trade union nominees) members.
(2)If the Executive fail to nominate before the 15th day of May in the year 1936 or any subsequent year three qualified persons to be insured persons' (trades union nominees) members, the Minister shall as soon as may be nominate three qualified persons to be insured persons' (trades union nominees) members, and the persons so nominated by the Minister shall be deemed for the purposes of this section to have been nominated by the Executive.
(3)Every person (other than a person nominated to fill a casual vacancy) nominated to be an insured persons' (trades union nominees) member shall, unless he sooner dies, resigns, or becomes disqualified, hold office— (
  1. a)in case he is nominated in the year 1936, from the appointed day under the Act of 1933 until the 31st day of July, 1937, (
  2. b)in case he is nominated in any subsequent year, from the 1st day of August in such year until the 31st day of July in the next following year.
(4)Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the committee of management of the Unified Society by reason of the death, resignation, or disqualification of an insured persons' (trades union nominees) member, the following provisions shall have effect, that is to say:— (
  1. a)the Executive shall forthwith nominate a qualified person to fill such vacancy, (
  2. b)the person so nominated shall, unless he sooner dies, resigns, or becomes disqualified, hold office as an insured persons' (trades union nominees) member for the residue of the term of office for which the insured persons' (trade union nominees) member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified, (
  3. c)if the Executive do not within three months after such casual vacancy occurs nominate a qualified person to fill such vacancy, the Minister may nominate a qualified person, and the person so nominated by the Minister shall be deemed to have been nominated by the Executive. Insured persons' (local authorities' nominees) members electorate. 11.—
(1)There shall be established a body (in this Act referred to as the electorate) to be known as the Insured Persons' (Local Authorities' Nominees) Members Electorate to fulfil the functions assigned to it by this Act.
(2)A person shall not be qualified to be nominated a member of the electorate by a local authority or, in case of the default of such local authority, by the Minister if at the date of his nomination— (
  1. a)he is under the age of twenty-one years, or (
  2. b)he is not an insured person, or (
  3. c)he is not resident in the functional area of such local authority, or (
  4. d)he is an officer or employee of the Unified Society.
(3)Whenever a member of the electorate is employed as an officer or employee of the Unified Society, he shall be disqualified from continuing to be and shall forthwith cease to be a member of the electorate.
(4)In each election year, but not later than the 1st day of May in such election year, each local authority shall nominate to be members of the electorate such (if any) number of qualified persons as such local authority is required to nominate in accordance with the following provisions, that is to say:— (
  1. a)if the number of insured persons resident in such election year in the functional area of such local authority does not exceed five thousand, the following provisions shall have effect, that is to say:— (
  2. i)in case the said number is less than two thousand five hundred, such local authority shall not nominate any person to be a member of the electorate, (
  3. ii)in any other case, such local authority shall nominate one qualified person to be a member of the electorate, (
  4. b)if the number of insured persons resident in such election year in such functional area exceeds five thousand, such local authority shall for every five thousand insured persons nominate one qualified person to be a member of the electorate, and, where the number of insured persons exceeds any multiple of five thousand by not less than two thousand five hundred, nominate one additional qualified person to be a member of the electorate.
(5)For the purposes of the immediately preceding sub-section the Minister shall, in each election year, determine in respect of each local authority the number of insured persons resident in the functional area of such local authority on such day in such election year as the Minister may select, and the number of insured persons resident in any election year in the functional area of a local authority shall be the number determined under this sub-section by the Minister in such year to be resident in such functional area.
(6)If any local authority fails or neglects in any election year to nominate, before the 2nd day of May in such election year, such number of qualified persons to be members of the electorate as such local authority is required by sub-section
(4)of this section to nominate the Minister may nominate a like number of such qualified persons as he thinks fit to be members of the electorate and the persons so nominated shall be deemed for the purposes of this section to have been nominated by such local authority.
(7)Every person (other than a person nominated to fill a casual vacancy) nominated to be a member of the electorate in any election year shall, unless he sooner dies, resigns, or becomes disqualified hold office from the 1st day of May in such election year for a period of three years.
(8)Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the electorate by reason of the death, resignation, or disqualification, of a member nominated by a local authority, the following provisions shall have effect— (
  1. a)such local authority shall forthwith nominate a qualified person to fill such vacancy; (
  2. b)the person so nominated shall, unless he sooner dies, resigns, or becomes disqualified hold office as a member of the electorate for the residue of the term of office for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified; (
  3. c)if such local authority does not within three months after such casual vacancy occurs, nominate a qualified person to fill the vacancy, the Minister may nominate so qualified person to fill such vacancy and the person so nominated by the Minister shall be deemed for the purposes of this section to have been nominated by such local authority.
(9)There shall be paid by the Unified Society to each member of the electorate such travelling expenses and allowances for maintenance and loss of wages as the Minister may from time to time determine in respect of such member.
(10)The electorate may act notwithstanding any vacancy in its membership.
(11)The quorum for a meeting of the electorate shall be such number as may be prescribed.
(12)For the purposes of this section— the expression “local authority” means a body which is either the council of a county or the council of a county borough; the expression “functional area” means— (
  1. a)in relation to the council of a county, such county, (
  2. b)in relation to the council of a county borough, such county borough; each of the following years shall be an election year, namely the year 1936, the year 1939, the year 1942, the year 1945, and so on. Insured persons' (local authorities' nominees) members. 12.—
(1)In this section— the expression “the Leinster electors” means the members of the electorate who, at the date of their nomination under the immediately preceding section, were resident in the province of Leinster; the expression “the Munster electors” means the members of the electorate who, at the date of their nomination under the immediately preceding section, were resident in the province of Munster; the expression “the Connaught and Ulster electors” means the members of the electorate who, at the date of their nomination under the immediately preceding section, were resident in a part of Saorstát Eireann, other than the provinces of Leinster and Munster.
(2)In the year 1936 and every subsequent year, but not earlier than the 2nd day of May nor later than the 15th day of June in such year, there shall be elected in the prescribed manner to be insured persons' (local authorities' nominees) members— (
  1. a)by the Leinster electors from amongst their own number, two qualified persons; (
  2. b)by the Munster electors from amongst their own number, two qualified persons; (
  3. c)by the Connaught and Ulster electors from amongst their own number, one qualified person.
(3)If in any year there is default in complying with the provisions of the immediately preceding sub-section, the following provisions shall have effect, that is to say:— (
  1. a)in case of default by the Leinster electors, the Minister may nominate two qualified persons to be insured persons' (local authorities' nominees) members, and the persons so nominated shall be deemed for the purposes of this section to have been elected by the Leinster electors in such year; (
  2. b)in case of default by the Munster electors, the Minister may nominate two qualified persons to be insured persons' (local authorities' nominees) members, and the persons so nominated shall be deemed for the purposes of this section to have been elected by the Munster electors in such year; (
  3. c)in case of default by the Connaught and Ulster electors, the Minister may nominate one qualified person to be an insured persons' (local authorities' nominees) member, and the person so nominated shall be deemed for the purposes of this section to have been elected by the Connaught and Ulster electors in such year.
(4)Every person elected to be an insured persons' (local authorities' nominees) member shall, unless he sooner dies or resigns or becomes disqualified, hold office— (
  1. a)in case he is elected in the year 1936, from the appointed day under the Act of 1933 until the 31st day of July, 1937, (
  2. b)in case he is elected in any other year, from the 1st day of August in such year until the 31st day of July in the next following year.
(5)Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the committee of management of the Unified Society by reason of the death, resignation or disqualification of an insured persons' (local authorities' nominees) member, the following provisions shall have effect, that is to say:— (
  1. a)in case such member was elected by the Leinster electors or selected under this paragraph, there shall be selected in the prescribed manner to fill such vacancy a qualified person who is a Leinster elector; (
  2. b)in case such member was elected by the Munster electors or selected under this paragraph, there shall be selected in the prescribed manner to fill such vacancy a qualified person who is a Munster elector; (
  3. c)in case such member was elected by the Connaught and Ulster electors or selected under this paragraph, there shall be selected in the prescribed manner to fill such vacancy a qualified person who is a Connaught and Ulster elector; (
  4. d)the person so selected shall, unless he sooner dies, resigns or becomes disqualified, hold office as an insured persons' (local authorities' nominees) member for the residue of the term of office for which the insured persons' (local authorities' nominees) member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned or become disqualified. Insurance under the National Health Insurance Acts of certain members of the Defence Forces of Saorstát Eireann. Insurance of certain soldiers of the Permanent Force. 13.—
(1)Every person who either— (
  1. a)(
  2. i)is serving in the Permanent Force as a soldier on the 6th day of January, 1936, and (
  3. ii)is a person in respect of whom contributions were, on the 5th day of January, 1936, payable under section 20 of the National Health Insurance Act, 1923 (No. 20 of 1923), or (
  4. b)(
  5. i)is serving in the Permanent Force as a soldier on the 6th day of January, 1936, and (
  6. ii)either served continuously in the Permanent Force as a soldier during the period of six months ending on the 5th day of January, 1936, or enlisted on or after the 5th day of July, 1935, for a period of not less than six months in army service, and (iii) is not a person in respect of whom contributions were on the 5th day of January, 1936, payable under the said section 20 , shall, during the period, commencing on the 6th day of January, 1936, of his army service, be, for the purposes of this Part of this Act, a person insurable at the Army rate.
(2)Every person who, on or after the 6th day of January, 1936, either— (
  1. a)enlists in the Permanent Force as a soldier for not less than two years in army service, or (
  2. b)re-enters, under sub-section
(2)of section 146 of the Defence Forces Act, upon army service for a period of not less than two years, shall, during the period of his army service be, for the purposes of this Part of this Act, a person insurable at the Army rate.
(3)Every person— (
  1. a)who, on or after the 6th day of January, 1936, either— (
  2. i)enlists in the Permanent Force for a period of less than two years of army service and does not so enlist for the purpose of immediate transfer to the Reserve Force, or (
  3. ii)re-enters, under sub-section
(2)of section 146 of the Defence Forces Act, upon army service for a period of less than two years, and (b) was at the time of such enlistment or re-entry an insured person within the meaning of the National Health Insurance Acts, shall be deemed, during the period, commencing on the date of his enlistment or re-entry, of his army service, to be employed within the meaning of the said Acts and to be in the sole employment of the Minister for Defence.
(4)This section shall not apply to any person who, having enlisted before the 6th day of January, 1936, has not attained the age of sixteen years on the said date, or who, having enlisted on or after the 6th day of January, 1936, was under the age of sixteen at the date of his enlistment, but shall, on such person attaining that age apply as if he had enlisted at the time when he attained that age.
(5)If any question arises whether a person serving in the Permanent Force is or is not a person insurable at the Army rate or is or is not otherwise insurable by virtue of this section under the National Health Insurance Acts, the question shall be referred to the Minister for Defence whose decision shall be final. Insurance of members of the Reserve Force. 14.—
(1)A member of the Reserve Force— (
  1. a)who on or after the 6th day of January, 1936, is called out for a continuous period of training of more than thirty-six hours duration, and (
  2. b)who at the time he was so called out is an insured person, within the meaning of the National Health Insurance Acts, shall during such period be deemed to be employed within the meaning of the said Acts and to be in the sole employment of the Minister for Defence.
(2)Where any member of the Reserve Force is on or after the 6th day of January, 1936, called out for a period of service (otherwise than training), the following provisions shall have effect, that is to say:— (
  1. a)in case such member was at the time of such calling out an insured person, within the meaning of the National Health Insurance Acts, then— (
  2. i)if such period does not exceed three months such member shall during such period be deemed to be employed, within the meaning of the said Acts, and to be in the sole employment of the Minister for Defence, (
  3. ii)if such period exceeds three months— (I) such member shall during the first three months thereof, be deemed to be employed within the meaning of the said Acts, and to be in the sole employment of the Minister for Defence, and (II) such member shall during the remainder of such period be, for the purposes of this Part of this Act, a person insurable at the Army rate, (
  4. b)in any other case such member shall during such period (except the first three months thereof) be, for the purposes of this Part of this Act, a person insurable at the Army rate.
(3)If any question arises whether a member of the Reserve Force is or is not a person insurable at the Army rate or is or is not otherwise insurable by virtue of this section under the National Health Insurance Acts, the question shall be referred to the Minister for Defence whose decision shall be final. Contributions in respect of persons insurable at the Army rate. 15.—
(1)On and after the 6th day of January, 1936, there shall be paid to the Minister by the Minister for Defence, out of moneys provided by the Oireachtas, in respect of every person who is for the time being a person insurable at the Army rate, the sum of four pence and one half-penny per week.
(2)The amounts to be paid by the Minister for Defence under this section shall be ascertained in such manner and shall be paid in such manner and at such dates in each year as shall be agreed upon by the Minister and the Minister for Defence.
(3)The weekly contribution payable under this section in respect of any person shall not be payable in respect of any period exceeding twenty-one days during which such person is absent without leave. Position as regards insurance of persons insurable at the Army rate. 16.—A person who is for the time being a person insurable at the Army rate shall be treated as an employed contributor, subject to the following modifications, that is to say:— (
  1. a)the weekly sums paid by the Minister for Defence under the immediately preceding section shall be treated for all purposes as payments of contributions at the employed rate; (
  2. b)such person shall be entitled to maternity benefit, but not to sickness or disablement benefit; (
  3. c)in case such person was not an insured person at the date on which the weekly sums become payable in respect of him, the said date shall be treated as the date of his entry into insurance; (
  4. d)there shall be credited to the Unified Society, if such person is a member thereof, or to the Military Forces (International Arrangements) Insurance Fund, if such person is a member thereof, 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 shall accordingly be paid out of moneys provided by the Oireachtas. PART III. Amendments of the Widows' and Orphans' Pensions Act, 1935. Amendment of section 13 of the Widows' and Orphans' Pensions Act, 1935 , in respect of certain existing soldiers of the Permanent Force. 17.—Where a person is serving as a soldier in the Permanent Force on the 6th day of January, 1936, and such person continuously served as such soldier for an unbroken period ending on the 5th day of January, 1936, and such person is on the 6th day of January, 1936, a person insurable at the Army rate, within the meaning of Part II of this Act, then for the purposes of sub-section
(1)of section 13 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935)— (
  1. a)contributions under the said Act shall be deemed to have been paid in respect of him for every week in such period, and (
  2. b)every such week shall be deemed to be a week which has elapsed since the date of his last entry into insurance. Recovery from employer of amount of contributory pension lost owing to his default. 18.—
(1)Where— (
  1. a)either— (
  2. i)an employer has failed or neglected to pay any contributions, in respect of any period before the 6th day of January, 1936, which, under the National Health Insurance Acts, he was liable to pay in respect of a deceased person who was an employed contributor, or any contributions which, under the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935) he was liable to pay in respect of such deceased person, or both such contributions, or (
  3. ii)any employer has failed or neglected to pay any contributions which, under the Widows' and Orphans' Pensions Act, 1935 , he was liable to pay in respect of a deceased person who was employed in an excepted employment to which the said Act applies, and (
  4. b)by reason solely of such failure or neglect the statutory conditions under the Widows' and Orphans' Pensions Act, 1935 , are not complied with at the date of the death of such person (hereinafter in this section referred to as the employee), and (
  5. c)the employee leaves one or more dependants, the following provisions shall have effect, that is to say:— (I) there shall be due and payable by the employer his executors and administrators to the dependant or, if the employee leaves more than one dependant, each dependant of the employee, at the expiration of each week, which falls within the period commencing on the date of the death of the employee and ending on, in case the twenty-eighth day after the date on which all such contributions have been paid or recovered is a Thursday, the said twenty-eighth day or, in any other case, the Thursday next following the said twenty-eighth day, a sum equal to the amount (if any) which would, if there had been no such failure or neglect and if an application for a contributory pension had been made by such dependant within one month after the death of the employee, have been payable to such dependant in respect of such week as a contributory pension, less in case a non-contributory pension is payable to such dependant in respect of such week, a sum equal to the amount of such non-contributory pension, and (II) any sum or sums which have become due and payable to such dependant under the immediately preceding clause may be recovered from the employer his executors and administrators by such dependant or by the Minister in the name and on behalf of such dependant, as a simple contract debt in a court of competent jurisdiction, and (III) all moneys recovered by the Minister under this sub-section shall be disposed of by the Minister in like manner as if they were a contributory pension payable to such dependant.
(2)In this section— the expressions “contributory pension” and “non-contributory pension” have the same meanings as in Part IV of the Widows' and Orphans' Pensions Act, 1935 ; the word “week” means a period of seven days commencing on a Friday.
(3)Each of the following shall for the purposes of this section be deemed to be a dependant of a deceased person, that is to say:— (
  1. a)the widow of such person; (
  2. b)every orphan child of such person. SCHEDULE. ENACTMENTS REPEALED. No. and Year Short Title Extent of Repeal No. 20 of 1923. National Health Insurance Act, 1923 . Sections 20 , 21 and 24 . No. 42 of 1929 National Health Insurance Act, 1929 . Paragraph (
  3. a)of sub-section
(1)of Section 20 , and sub-section
(3)of Section 20 , and Sections 21 and 22 . No. 13 of 1933. National Health Insurance Act, 1933 . Sub-section
(4)of Section 4 and paragraph (b) of Section 10 . Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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