National Health Insurance Act , 1929

1 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.

(2) In this Act the National Insurance Act, 1911, the National Insurance Act, 1913, the National Health Insurance Act, 1918, the National Health Insurance Act, 1919, the National Health Insurance Act, 1920, and the National Health Insurance Act, 1923 (No. 20 of 1923) are respectively referred to as the Act of 1911, the Act of 1913, the Act of 1918, the Act of 1919, the Act of 1920 and the Act of 1923, and references to any particular provisions of those Acts shall be construed as references to those provisions as amended by any subsequent enactment.

2 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.

(2) Every certificate of exemption granted before and in force at the passing of this Act shall remain in force until the date on which it would ordinarily expire or until the 5th day of January, 1930, whichever of the said dates is the earlier, and shall then cease to be in force.

3 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.

(2) A person who holds a certificate of exemption which is in force on the 5th day of January, 1930, other than a person to whom such certificate has been granted under section 2 of the Act of 1911 as extended by sub-section (3) of section 81 of the Act of 1911, shall on and after the 6th day of January, 1930, be entitled to receive out of the Irish Exempt Persons Fund such benefits under such conditions and during such period as may be prescribed by regulations made by the Insurance Commissioners, and the sum to be contributed out of moneys provided by the Oireachtas towards the cost of any payments made under such regulations and the administration thereof shall be the same as if such payments were benefits to insured persons.

(3) Any moneys standing to the credit of the Irish Exempt Persons Fund after all liabilities against it have been met shall be carried to the Reserve Suspense Fund.

4 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.

5 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.

(2) Nothing in this section shall be construed as preventing an approved society from refusing to admit to membership on account of the state of his health any insured person who is either—

(a) a member of an employer's provident fund and has been called upon in accordance with the rules of such fund to withdraw from membership thereof on the termination of his employment with the particular employer or employers guaranteeing the fund, or

(b) a person entitled to benefits out of the Military Forces (International Arrangements) Insurance Fund, or

(c) a person, who having served in the Navy, Army, or Air Force of Great Britain and not having been a member of an approved society in Great Britain or Northern Ireland while so serving, becomes resident in Saorstát Eireann within six months after his discharge from such Navy, Army, or Air Force and applies to become a member of such society within twelve months after the date of his said discharge.

(3) Any dispute between an approved society and a person who claims to be entitled to become a member of such society shall be decided in like manner as if it were a dispute between an approved society and an insured person who is a member thereof.

6 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.

(2) An employer's provident fund shall be entitled to terminate the membership of any member being an insured person who has left or been discharged from the employment of the employer or employers guaranteeing the fund, if it is satisfied, or if, in the case of a dispute, it is decided in the manner provided by the Act of 1911 that another approved society is willing to accept a transfer of such member's membership.

(3) Sub-section (2) of section 30 of the Act of 1911 is hereby amended by the deletion of the words “or to expel any of its members being insured persons” now contained therein.

7 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.

8 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.

(2) This section shall come into operation immediately upon the expiration of three months from the passing of this Act.

9 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.

10 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.

(2) Where an insured person in respect of whom an account has been opened in the Deposit Contributors Fund has not within the period prescribed in relation to the foregoing sub-section become a member of an approved society such person shall at the prescribed time and in the prescribed manner be transferred by the Insurance Commissioners to membership of an approved society selected in accordance with this section by the Insurance Commissioners, and upon such transfer being made such person shall be admitted to membership and become a member of such society.

(3) In selecting an approved society under the foregoing sub-section the Insurance Commissioners shall have regard to the adequacy of its organisation and to the arrangements made by it for the proper administration of the Acts throughout Saorstát Eireann.

11 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.

(2) Any moneys standing to the credit of the Deposit Contributors Fund after all liabilities in respect of deposit contributors have been met shall be transferred to the Reserve Suspense Fund.

12 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.

13 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.

(2) A person to whom this section applies shall continue to be treated for the purposes of the Acts and this Act as having ceased to be an insured person as on and from the date of his enlistment until the date of his discharge, but on his discharge he shall be again treated as an insured person and for the purposes of the Acts no account shall be taken of the period of his army service.

(3) If a person to whom this section applies joins an approved society within the prescribed time he shall be treated as if he were a member of such society as from the date of his discharge and the appropriate transfer value in respect of him shall be passed from the Reserve Suspense Fund to such society.

(4) If a person to whom this section applies fails to join an approved society within the time prescribed in relation to the foregoing sub-section, the following provisions shall have effect, that is to say:—

(a) such person shall not be entitled to any benefit unless and until he has become a member of an approved society,

(b) if and when such person becomes a member of an approved society—

(i) he shall not be 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 society, and

(ii) subject as aforesaid he shall be treated as if he were a member of such society as from the date of his discharge, and

(iii) the appropriate transfer value in respect of him shall be passed from the Reserve Suspense Fund to such society.

(5) Upon the death of a person to whom this section applies while such person is a member of the Forces a sum equal to one half of the amount which stood to his credit in the Deposit Contributors Fund at the date of his enlistment shall be paid out of the Reserve Suspense Fund and dealt with as if it were a sum payable to an insured person by way of benefit under Part I. of the Act of 1911 and unpaid at the date of his death.

(6) In this section the word “Forces” means the Defence Forces of Saorstát Eireann but does not include the Reserve established under Part III. of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923); the word “enlistment” means becoming by any means a member of the Forces and cognate words shall be construed accordingly; and the word “discharge” means ceasing by any means to be a member of the Forces.

(7) This section applies to a person—

(a) who is at the passing of this Act a member of the Forces holding any rank therein, and

(b) who, at the date of his enlistment, was a deposit contributor, and

(c) who—

(i) if he enlisted before the 26th day of June, 1923, did not before the 27th day of September, 1923, join an approved society in Saorstát Eireann, or

(ii) if he did not enlist until after the 25th day of June, 1923, but enlisted more than three months before the passing of this Act, did not within three months after enlistment join an approved society in Saorstát Eireann, or

(iii) if he did not enlist until after the 25th day of June, 1923, but enlisted not more than three months before the passing of this Act, did not before the passing of this Act join an approved society in Saorstát Eireann.

14 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.

(2) An insured person shall not cease by reason of anything contained in the foregoing sub-section to be an insured person at a date earlier than the date upon which he would otherwise have ceased to be an insured person under the Acts.

15 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.

(2) A woman being an insured person who marries after the passing of this Act shall as from the date of her marriage be deemed for the purposes of the Acts and this Act to have ceased to be an insured person, and if she again becomes employed after her marriage she shall be treated as if she had become an insured person for the first time on the date on which she becomes so employed.

(3) Subject to the provisions of the next following sub-section a woman being an insured person and a member of an approved society who marries after the passing of this Act shall be entitled to receive from such society payment of a sum by way of benefit (in this section referred to as marriage benefit) if, being an employed contributor, she proves that she has in the period between the date of her last entry into insurance and the date of her marriage been employed within the meaning of Part I. of the Act of 1911 for a period of fifty-two weeks, whether consecutive or not, and that fifty-two weekly contributions have been properly paid in respect of her, or if, being a voluntary contributor, she proves that fifty-two weekly contributions have been paid in respect of her whether as an employed contributor or as a voluntary contributor.

(4) A woman being an insured person who remarries after the passing of this Act and who is at the date of such remarriage entitled to benefits under sub-section (1) of section 22 of the Act of 1918, shall not be entitled to receive a marriage benefit unless she has since the date of unemployment as defined by the said section 22 become an employed contributor and is otherwise qualified for a marriage benefit under the foregoing sub-section.

(5) The amount of a marriage benefit shall be such amount as is prescribed by the Insurance Commissioners and in prescribing such amount regard shall be had to the effect of arrears, the duration of insurance and the number of contributions paid.

(6) The sum to be contributed out of moneys provided by the Oireachtas towards the cost of any payments made in respect of marriage benefit and the administration thereof shall be the same as if those payments were benefits to insured persons.

(7) Subject to the provisions of the next following sub-section a woman married after the passing of this Act shall not, during her coverture, be entitled to be a voluntary contributor, and any such woman who is at the date of her marriage a voluntary contributor shall as from such date cease to be such a contributor.

(8) Nothing contained in the foregoing sub-section shall operate to prevent a married woman who has been employed for at least the prescribed number of weeks in any period being deemed to be a voluntary contributor for the purposes of any regulations made under the Acts with respect to benefits of persons in arrears.

(9) Where a woman being an insured person and a member of an approved society marries after the passing of this Act the prescribed sum shall be transferred from the credit of such society to the credit of the Reserve Suspense Fund.

(10) Where a woman being an insured person and a member of an approved society marries after the passing of this Act and continues to be, or again becomes, employed after the date of her marriage the appropriate reserve value in respect of her shall be credited to the approved society of which she becomes a member.