Social Welfare Act, 1950
What is this act about?
This law is about dissolving Cumann an Arachais Náisiúnta ar Shláinte (the Society) and transferring its responsibilities to the Minister for Social Welfare. It also deals with related matters and amends existing National Health Insurance Acts.
Who it applies to: Cumann an Arachais Náisiúnta ar Shláinte (the Society); The Minister for Social Welfare and the Minister for Finance.
At a glance
- Country
- Ireland
- Area of law
- Banking, insurance and financial markets
- Articles
- 28
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The dissolution of Cumann an Arachais Náisiúnta ar Shláinte.
- The transfer of the Society's functions, officers, employees, and property to the Minister for Social Welfare or the Minister for Finance.
- The termination of the Society's pension scheme and pension fund.
- Amendments and extensions to the National Health Insurance Acts, 1911 to 1948.
Who does this act apply to?
- Cumann an Arachais Náisiúnta ar Shláinte (the Society).
- The Minister for Social Welfare and the Minister for Finance.
- Officers and employees of the Society.
- Insured persons and employers under the National Health Insurance Acts.
What are the key points?
- The Society, Cumann an Arachais Náisiúnta ar Shláinte, is dissolved and its functions are transferred to the Minister for Social Welfare.
- Officers and employees of the Society are appointed to situations in the civil service of the Government, with provisions for their superannuation and pension rights.
- The Society's pension scheme and pension fund are terminated, with all property and liabilities transferred to the Minister for Finance.
- The Irish National Health Insurance Fund, the Guarantee Fund, and the National Health Insurance Reserve Fund are addressed, including provisions for their cessation or investment of surplus sums.
Banking, insurance and financial markets
Banking, insurance and financial markets
Legal text
Legal text
Social Welfare Act, 1950 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 1950 Social Welfare Act, 1950 Social Welfare Act, 1950 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 14 of 1950.
SOCIAL WELFARE ACT, 1950.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section
Section 1
Short title and collective citation.
Section 2
Interpretation.
Section 3
Expenses.
Section 4
Commencement of Part II.
PART II.
Dissolution of Cumann an Arachais Naisiunta ar Shlainte.
Section 5
Dissolution of the Society.
Section 6
Extension of certain provisions.
Section 7
Transfer of officers and employees of the Society.
Section 8
Termination of pension scheme and pension fund.
Section 9
Transfer of stocks, shares and securities of the Society.
Section 10
Transfer of other property of the Society.
Section 11
Transfer of liabilities of the Society.
Section 12
Cesser of Reserve Fund.
Section 13
Cesser of Guarantee Fund.
Section 14
Investment of surplus sums in the Fund.
Section 15
Amendment of section 3 of Act of 1911 and section 17 of National Health Insurance Act, 1947.
Section 16
Contributions (representing costs of administration) from Fund to expenses of administration of the Acts and this Act.
Section 17
Contributions (representing appropriations) from Fund to expenses of administration of the Acts and this Act.
Section 18
General power to Minister.
Section 19
Repeal of section 2 of National Health Insurance Act, 1942.
Section 20
Modification and application of enactments.
PART III.
Miscellaneous.
Section 21
Payments from Fund for acquisition of land, etc.
Section 22
Restriction on increase of remuneration, etc.
Section 23
Continuation in office of members of committee of management.
Section 24
Adjustments in funds and accounts.
Section 25
Directions with respect to certain requirements.
Section 26
Amendment of section 81 of Act of 1911 and section 16 of National Health Insurance and Widows' and Orphans' Pensions Act, 1936.
Section 27
Amendment of section 17 of National Health Insurance Act, 1947.
Section 28
Repeal.
Acts Referred to National Health Insurance Act, 1933 No. 13 of 1933 National Health Insurance Act, 1947 No. 9 of 1947 National Health Insurance Act, 1942 No. 5 of 1942 Social Welfare Act, 1948 No. 17 of 1948 National Health Insurance and Widows' and Orphans' Pensions Act, 1936 No. 12 of 1936 Number 14 of 1950.
SOCIAL WELFARE ACT, 1950.
AN ACT TO DISSOLVE CUMANN AN ARACHAIS NAISIUNTA AR SHLAINTE AND TRANSFER ITS FUNCTIONS TO THE MINISTER FOR SOCIAL WELFARE, TO MAKE PROVISION WITH RESPECT TO MATTERS CONSEQUENTIAL ON OR CONNECTED WITH THE DISSOLUTION AND TRANSFER AND WITH RESPECT TO CERTAIN OTHER MATTERS AND OTHERWISE TO AMEND AND EXTEND THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1948. [9th June, 1950.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Preliminary and General.
Short title and collective citation.
1.—(1) This Act may be cited as the Social Welfare Act, 1950.
Interpretation.
2.—(1) In this Act— the expression “the Acts” means the National Health Insurance Acts, 1911 to 1948; the expression “the Act of 1911” means the National Insurance Act, 1911; the expression “the committee of management” means the committee of management of the Society; the word “functions” includes powers and duties; the expression “the Fund” means the Irish National Health Insurance Fund; the expression “the Guarantee Fund” means the guarantee fund set up for the purposes of section 26 of the Act of 1911; the expression “the Minister” means the Minister for Social Welfare; the expression “the pension fund” means the pension fund under the pension scheme; the expression “the pension scheme” means the pension scheme established consequent on the report made pursuant to paragraph (d) of section 10 of the National Health Insurance Act, 1933 (No. 13 of 1933); the expression “the Reserve Fund” means the National Health Insurance Reserve Fund; the expression “the Society” means Cumann an Arachais Náisiúnta ar Shláinte; the expression “the transfer day” has the meaning assigned to it in section 4.
Expenses.
3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Commencement of Part II.
4.—(1)
Part II
of this Act shall come into operation on such day (in this Act referred to as the transfer day) as may be appointed in that behalf by the Minister by order.
Part II
of this Act comes into operation, but any order so made shall be so framed as to come into operation on or after the coming into operation of the said Part II.
PART II.
Dissolution of Cumann an Arachais Naisiunta ar Shlainte.
Dissolution the Society.
5.—(1) The Society shall, by virtue of this subsection, be dissolved and cease to exist.
Extension of certain provisions.
6.—The provisions of or made under the Acts which would, if this Part of this Act had not come into operation, apply only to insured persons being members of the Society shall apply to all insured persons.
Transfer of officers and employees of the Society.
7.—(1) Subject to subsection (6) of this section, where a person was, immediately before the transfer day, an officer or employee of the Society, such person is hereby, notwithstanding anything contained in any other enactment, appointed to a situation in the civil service of the Government, and for the purposes of the Superannuation Acts, 1834 to 1947, he shall be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.
Termination of pension scheme and pension fund.
8.—(1) The pension scheme and the pension fund shall, by virtue of this subsection, be terminated and cease to exist.
Transfer of stocks, shares and securities of the Society.
9.—(1) All stocks, shares and securities which, immediately before the transfer day, were held by the trustees of the Society or by the Minister on behalf of the Society under paragraph (b) of subsection (1) of section 56 of the Act of 1911, as amended by subsection (4) of section 5 of the National Health Insurance Act, 1920, shall, on the transfer day and without any assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become vested in the Minister for Finance to be held by him on behalf of the Fund.
Transfer of other property of the Society.
10.—(1) Excepting the stocks, shares and securities specified in section 9 of this Act, all property, whether real or personal (including choses-in-action), which immediately before the transfer day, was vested in the Society in its own name or vested in the trustees of the Society shall, on the transfer day and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, become vested in the Minister to be held by him on behalf of the Fund.
Transfer of liabilities of the Society.
11.—Every debt and other liability of the Society which existed immediately before the transfer day shall on that day become and be a debt or liability of the Minister and shall be discharged by him out of the Fund.
Cesser of Reserve Fund.
12.—(1) The Reserve Fund shall, by virtue of this subsection, cease to exist.
Cesser of Guarantee Fund.
13.—(1) The Guarantee Fund shall, by virtue of this subsection, cease to exist.
Investment of surplus sums in the Fund.
14.—(1) Notwithstanding any other provision of the Acts, all sums standing to the credit of the Fund and not required to meet current expenditure shall be paid over to the Minister for Finance and retained by him until they are so required, and while such moneys are retained by the Minister for Finance, they shall be invested by him on behalf of the Fund, in accordance with regulations made by him, in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank funds.
Amendment of section 3 of Act 1911 and section 17 of National Health Insurance Act, 1947.
15.—In the case of the financial year in which the transfer day occurs and every subsequent financial year, the amount expended on the administration of benefits under the Acts shall, for the purposes of section 3 of the Act of 1911 and section 17 of the National Health Insurance Act, 1947 (No. 9 of 1947), be deemed to be the aggregate of— (a) the sum of two hundred and fifteen thousand pounds, and (b) the sum paid out of the Medical Certification Fund in the financial year in question.
Contributions (representing costs of administration) from Fund to expenses of administration of the Acts and this Act.
16.—(1) In every financial year, a sum (representing the costs of administration formerly borne by the Society) of two hundred and fifteen thousand pounds shall be paid out of the Fund and appropriated in aid of the moneys provided by the Oireachtas for expenses of the administration of the Acts and this Act.
Contributions (representing appropriations) from Fund to expenses of administration of the Acts and this Act.
17.—In the case of the financial year in which the transfer day occurs and every subsequent financial year, in lieu of making the appropriation required by section 7 of the National Health Insurance Act, 1942 (No. 5 of 1942), a sum of fifteen thousand pounds shall be paid out of the Fund and appropriated in aid of the moneys provided by the Oireachtas for the expenses of administration of the Acts and this Act.
General power to Minister.
18.—The Minister may do all such things as he considers necessary or expedient for the purpose of winding up the affairs of the Society.
Repeal of section 2 of National Health Insurance Act, 1942.
19.—(1)
Section 2
of the National Health Insurance Act, 1942 (No. 5 of 1942), is hereby repealed.
Modification and application of enactments.
20.—(1) Every provision of or made under the Acts shall, subject to any order under subsection (2) or subsection (3) of this section, have effect with such modifications and adaptations as may be necessary for giving effect to this Part of this Act.
PART III.
Miscellaneous.
Payments from Fund for acquisition of land, etc.
21.—(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund.
For the purposes of this subsection, the payments made out of the Fund under subsection (1) of this section shall, on the former staff of the Society being transferred to any premises acquired pursuant to that subsection, be regarded as being reduced by the value (as agreed upon between the Minister and the Minister for Finance) of the part of those premises that are occupied by the former staff of the Society.
Restriction on increase of remuneration, etc.
22.—(1) It shall not be lawful for the committee of management without the consent of the Minister to pay to any person, who, on the 1st day of January, 1950, was an officer or employee of the Society, remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of such person on the 1st day of January, 1950.
Continuation in office of members of committee of management.
23.—(1) Where, on the 1st day of August, 1950, an appointment of the transfer day either has not been made or, if it has been made, is an appointment of a day after the 1st day of August, 1950— (a) the persons who, immediately before the 1st day of August, 1950, held office as employers' members, insured persons' (trade union nominees) members and insured persons' (local authorities' nominees) members of the committee of management shall, subject to any vacancies that may occur by reason of death, resignation or disqualification, continue to hold office as such members until the transfer day, and (b) any vacancy which, on or after the 1st day of August, 1950, and before the transfer day, occurs among such members shall not be filled.
Adjustments in funds and accounts.
24.—(1) The Minister may make such adjustments in the funds and accounts relating to National Health Insurance under his control as he considers necessary or expedient consequent on the pending dissolution of the Society or, after the dissolution of the Society, consequent on such dissolution.
Directions with respect to certain requirements.
25.—(1) Where the Minister directs that, in view of the pending dissolution of the Society or, after the dissolution of the Society, in view of such dissolution, it is not necessary or is not expedient to carry out a specified requirement of any provision of or made under the Acts, the requirement shall not be carried out.
Amendment of section 81 of Act of 1911 and section 16 of National Health Insurance and Widows' and Orphans' Pensions Act, 1936.
26.—(1) This section applies to the following enactments: (a) subsections (10) and (11) of section 81 of the Act of 1911 as amended by subsection (2) of section 16 of the Social Welfare Act, 1948 (No. 17 of 1948), and (b) paragraph (d) of section 16 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936).
Amendment of section 17 of National Health Insurance Act, 1947.
27.—(1)
Section 17
of the National Health Insurance Act, 1947 (No. 9 of 1947), is hereby amended by the deletion in subsection (2) of the words “during that financial year”.
Repeal.
28.—(1) The Scottish Insurance Companies (Superannuation Fund) Order, Confirmation Act, 1914, is hereby repealed.
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