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

PART I. Preliminary and General.

1 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, 1936.

2 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.

3 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.

4 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 1934.

5 Amendment of section 17 of the National Health Insurance Act, 1923.

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 (d) now contained therein, that is to say:—

“(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.”

6 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—

(a) the chairman for the time being of the committee of management of the Unified Society,

(b) the three trustees for the time being of the Unified Society,

(c) three members (in this Act referred to as employers' members) appointed, in the manner provided by this Act, by the Minister,

(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,

(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.

7 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:—

(a) the chairman shall be appointed by the Minister;

(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;

(c) the Minister may remove the chairman from office.

8 Employers members.

8.—The following provisions shall have effect in relation to the employers' members, that is to say:—

(a) such members shall be representative of employers of insured persons and shall be appointed by the Minister;

(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;

(c) the Minister may remove from office any employers' member;

(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;

(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.

9 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—

(a) he is under the age of twenty-one years, or

(b) he is not an insured person, or

(c) he is an officer or employee of the Unified Society, or

(d) he is a member of the committee of management or board of directors of any society or company transacting insurance business, or

(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).

10 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—

(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,

(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:—

(a) the Executive shall forthwith nominate a qualified person to fill such vacancy,

(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,

(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.

11 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—

(a) he is under the age of twenty-one years, or

(b) he is not an insured person, or

(c) he is not resident in the functional area of such local authority, or

(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:—

(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:—

(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,

(ii) in any other case, such local authority shall nominate one qualified person to be a member of the electorate,

(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—

(a) such local authority shall forthwith nominate a qualified person to fill such vacancy;

(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;

(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—

(a) in relation to the council of a county, such county,

(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.

12 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—

(a) by the Leinster electors from amongst their own number, two qualified persons;

(b) by the Munster electors from amongst their own number, two qualified persons;

(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:—

(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;

(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;

(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—