Number 42 of 1929.
NATIONAL HEALTH INSURANCE ACT, 1929.
ARRANGEMENT OF SECTIONS
Acts Referred to | |
No. 20 of 1923 | |
No. 30 of 1923 | |
Number 42 of 1929.
NATIONAL HEALTH INSURANCE ACT, 1929.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(11) Subject to the foregoing provisions of this section, the Acts shall apply to a woman who has been married both during and after her coverture as if she had never been married.
(12) It shall be the duty of every woman being an insured person and a member of an approved society who marries after the passing of this Act to give notice of her marriage to such society within eight weeks after such marriage and if such society pays to any such woman who has failed to give such notice any sum by way of benefit to which she would not have been entitled by reason of her marriage such society shall, if it was not aware of her marriage, be entitled, without prejudice to any other method of recovery, to deduct the amount so paid from the amount of her marriage benefit or, if she again becomes a member of such society on becoming insurably employed within one year of her marriage, from any benefits to which she may become entitled within two years of the date on which she again so becomes a member of such society.
Junior assistant mistresses in National Schools.
16.—(1) Notwithstanding anything contained in the Acts the Minister for Education shall, for the purposes of the provisions of the said Acts relating to the payment and collection of contributions, be deemed to be the employer of junior assistant mistresses employed in National Schools.
(2) This section shall come into force on the 6th day of January, 1930.
Amendment of section 112 of the Act of 1911.
17.—Paragraph (a) of sub-section (1) of section 112 of the Act of 1911 is hereby amended by the deletion of the words “other than a private dwelling-house not being a workshop” now contained therein.
Amendment of section 12 of the Act of 1918.
18.—Sub-section (2) of section 12 of the Act of 1918 and the proviso to the said sub-section are hereby amended by the deletion of the word “three” whenever that word occurs and the insertion in lieu thereof of the word “seven.”
Limitation of right to pay contributions in respect of period of unemployment.
19.—(1) Where a woman being an insured person marries after the passing of this Act and again becomes employed after the date of her marriage and within twelve months thereof, she shall not be entitled in respect of any period during which she remains an insured person commencing from the date on which she again becomes so employed to avail herself of the provisions of sub-section (2) of section 13 of the Act of 1918.
(2) An employed contributor who is over eighteen years of age at the date of entry into insurance shall not be entitled to avail himself of the provisions of sub-section (2) of section 13 of the Act of 1918 unless he proves to the approved society of which he is a member or unless, in the case of a dispute, it is decided in the manner provided by the Act of 1911 that he is ordinarily and mainly dependent for his livelihood on his earnings from employment within the meaning of Part I. of the Act of 1911, and, if his unemployment arises from incapacity for work due to some specific disease or bodily or mental disablement, he also proves that such disease or disablement is not a recurrence or continuance of any specific disease or bodily or mental disablement from which he may have suffered at any time within the twelve months immediately preceding the date of his entry into insurance.
Amendments of the Act of 1923.
20.—(1) The following amendments are hereby made in the Act of 1923, that is to say:—
(a) in paragraph (b) of sub-section (1) of section 20 there shall be inserted after the word “soldier” now contained therein the words “who has enlisted for a period of not less than six months' army service, and”;
(b) in sub-section (2) of section 25 the words “other than a commissioned officer, a cadet who has become a member of the Armed Forces for the purposes of training for appointment to commissioned rank, or a man who on the completion of a period of army service has been transferred to the Reserve (in pursuance of Chapter V. of Part II. of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923))” shall be substituted for the words “of whatever rank”.
(2) The expression “discharge” when used in Part IV. of the Act of 1923 in relation to a soldier shall include and be deemed always to have included transfer to the Reserve as aforesaid.
(3) The weekly contribution payable under section 20 of the Act of 1923 in respect of a soldier shall not be payable in respect of any period exceeding twenty-one days during which such soldier is absent without leave.
Reservists undergoing training.
21.—(1) Where a man belonging to the Reserve complies with the following conditions, namely:—
(a) is undergoing training under section 220 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) and is in receipt of pay in respect of such training out of moneys provided by the Oireachtas for defence service, and
(b) is immediately before commencing to undergo such training an insured person,
such man shall for the purposes of the Acts, be deemed while undergoing such training to be employed within the meaning of the said Acts and to be in the sole employment of the Minister for Defence.
(2) This section shall be deemed to have come into operation on and shall be in force and have effect as on and from the 1st day of January, 1929.
Reservists on service.
22.—Part IV. of the Act of 1923 shall, subject to such adaptations and modifications as may be prescribed, apply to men belonging to the Reserve when called out on service otherwise than under section 220 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and also to officers of the Reserve specially called out or commissioned for such service, but save as aforesaid shall not apply to such men or officers.
Abolition of sanatorium benefit and Insurance Committees.
23.—(1) On and from the 1st day of January, 1930, sanatorium benefit shall cease to be included among the benefits conferred by Part I. of the Act of 1911.
(2) On and from the 1st day of January, 1930, insurance committees shall cease to exist and the provisions of the Acts in relation to such committees shall cease to apply.
(3) On the 1st day of January, 1930, all property, assets and liabilities of insurance committees shall vest in the Insurance Commissioners and the said Commissioners shall take such action as may be necessary for winding up the affairs of such committees.
(4) Every official of an insurance committee serving at the date of the passing of this Act whose appointment has been sanctioned by the Insurance Commissioners shall be entitled, in the case of an official who has less than ten completed years of service with such committee, to a gratuity calculated on the basis of one-eighth of the amount of his annual remuneration on the 31st day of December, 1929, for every completed year of his service and in the case of an official who has ten or more completed years of service with such committee, to a gratuity calculated on the basis of one-sixth of the amount of his annual remuneration on the 31st day of December, 1929, for every completed year of his service.
(5) Any moneys required for the purposes of paying gratuities under the foregoing sub-section shall be paid out of any surplus standing to the credit of the Sanatorium Benefit Fund, the General Administration Fund and the administration fund of every insurance committee as at the 31st day of December, 1929.
(6) The Insurance Commissioners may, with the consent of the Minister for Finance, make regulations in relation to all or any of the following matters, that is to say:—
(a) the manner in which any surplus standing to the credit of the Sanatorium Benefit Fund or the General Administration Fund or the credit of the administration fund of any insurance committee after all liabilities have been met is to be disposed of;
(b) the manner in which any deficit in the Sanatorium Benefit Fund or the administration fund of any insurance committee is to be met;
(c) the making of such other financial adjustments as in the opinion of the Insurance Commissioners are necessary for carrying this section into effect;
(d) the determination of any agreements entered into by insurance committees under any enactment which ceased to apply to such committees by virtue of this section or the transferring to other persons on such conditions as may be prescribed by such regulations any rights or liabilities under any such agreements.
Grant to counties and county boroughs.
24.—(1) By way of compensation for the withdrawal after the year 1929 of the moneys theretofore available under paragraph (a) of sub-section (2) of section 16 of the Act of 1911 for the defraying of sanatorium benefit, there shall be paid out of moneys provided by the Oireachtas in every year after the year 1929 a sum of £27,750 and such sum shall annually be distributed among such councils of counties and county boroughs and such boards of health and in such manner and subject to such conditions as the Minister for Local Government and Public Health, with the concurrence of the Minister for Finance, shall appoint.
(2) Any sum distributed under this section to a council or board who have undertaken in pursuance of the Tuberculosis (Ireland) Acts, 1908 and 1913, the provision of treatment for inhabitants of their district suffering from tuberculosis shall be applied by them in relief of the expenses incurred by them in the execution of the said Acts.
(3) Where a council or board have not undertaken in pursuance of the Tuberculosis (Ireland) Acts, 1908 and 1913, the provision of treatment for the inhabitants of their district suffering from tuberculosis, any sum which may be distributed to any such council or board under this section, shall be applied by them in the provision of treatment for insured persons within their district suffering from tuberculosis, in such manner as the Minister for Local Government and Public Health shall approve or direct.
(4) A council or board to whom any sum has been distributed under this section and who have undertaken in pursuance of the Tuberculosis (Ireland) Acts, 1908 and 1913, the provision of treatment for inhabitants of their district suffering from tuberculosis, shall not be entitled to recover from any insured person, being an inhabitant of their district, suffering from tuberculosis, the cost of any institutional treatment afforded by them in any year to such person so long as the total cost of institutional treatment afforded by them to such persons in such year does not exceed three-fifths of the sum distributed in such year as aforesaid and every such insured person in need of institutional treatment for tuberculosis shall in any year in which the total cost aforesaid does not at any time exceed the limit hereinbefore specified be entitled to receive such treatment free of charge.
Provision of funds for Medical Certification Fund.
25.—(1) There shall be debited—
(a) to the benefit fund of every approved society in respect of each member (not being a serving soldier) of such society the sum of five pence for the year 1929 and the sum of two shillings for the year 1930 and for every succeeding year; and
(b) to the Military Forces (International Arrangements) Insurance Fund in respect of each member (not being a serving soldier) of that fund the sum of five pence for the year 1929 and the sum of two shillings for the year 1930 and for every succeeding year; and
(c) to the Deposit Contributors Fund for the year 1929 in respect of each member of that fund the sum of five pence; and
(d) to the Exempt Persons Fund for the year 1929 in respect of each member of that fund the sum of two pence and one halfpenny.
(2) The several sums directed by the foregoing sub-section to be debited to the benefit fund of every approved society, the Military Forces (International Arrangements) Insurance Fund, the Deposit Contributors Fund and the Exempt Persons Fund respectively shall be credited to the Medical Certification Fund.
(3) For the purpose of calculating the total sums to be debited to any fund under this section the total number of members (not being serving soldiers) of a society or fund shall be calculated in such manner as the Insurance Commissioners shall direct.
(4) There shall be credited for the year 1929 to the Medical Certification Fund out of moneys provided by the Oireachtas such sums as together with the sums to be credited for that year to the said fund under the foregoing provisions of this section shall be sufficient to meet the sums directed by this Act to be paid in that year out of the Medical Certification Fund.
Sums to be paid out of Medical Certification Fund.
26.—There shall be paid out of the Medical Certification Fund—
(a) such sums in respect of the year 1929 and of every subsequent year as the Insurance Commissioners, with the approval of the Minister for Finance, may determine to be payable to medical practitioners for medical certification, and
(b) such sums as may be required to meet the cost of obtaining second medical opinions on and from the 1st day of January, 1929, to the 31st day of December, 1929, through the medium of medical referees under the scheme established for that purpose by the Insurance Commissioners with the approval of the Minister for Finance, and
(c) such sums in respect of the year 1929 and of every subsequent year as the Insurance Commissioners, with the approval of the Minister for Finance, may determine to be payable towards meeting the cost of administering the medical certification scheme.
Second medical opinions on and after 1st January, 1930.
27.—On and from the 1st day of January, 1930, the cost of obtaining second medical opinions through the medium of medical referees under the scheme established for that purpose by the Insurance Commissioners, with the approval of the Minister for Finance, shall be met out of moneys provided by the Oireachtas.
Recovery of contributions.
28.—(1) Where an employer has failed or neglected to pay any contributions which under the Acts he is liable to pay in respect of an employed contributor and which accrued due on or after the 3rd day of January, 1927, the amount which he has so failed or neglected to pay shall be a debt due and payable by such employer to the Insurance Commissioners, and, without prejudice to any other method of recovery, shall be recoverable from such employer, his executors and administrators, by the said Commissioners as a civil debt in any court of competent jurisdiction, and when so recovered and paid shall be treated as a payment in satisfaction of such contributions.
(2) If an employer being a company, fails to pay to the Insurance Commissioners any sum which has been recovered against it in an action brought under the foregoing sub-section, that sum shall be a debt due to the Insurance Commissioners jointly and severally from any of the directors of such company who knew, or could reasonably be expected to have known, of the failure or neglect to pay the contribution or contributions which gave rise to such action, and such sum shall be recoverable as a civil debt in any court of competent jurisdiction and proceedings for the recovery thereof may be commenced at any time within twelve months from the date of the order for payment made against such company in such action.
(3) Where an employer has failed or neglected to pay any contributions which under the Acts he is liable to pay in respect of an employed contributor or has failed or neglected to comply in relation to an employed contributor with the regulations relating to the payment and collection of contributions and by reason thereof the employed contributor or any person claiming through him has lost in whole or in part any benefits to which he would have been entitled under the Acts, and no proceedings have been taken under section 40 of the Act of 1918 by any person to recover the amount of the benefits so lost the Insurance Commissioners may in the name and on behalf of such contributor recover such amount from such employer his executors and administrators as a civil debt in any court of competent jurisdiction.
Accounts of approved societies.
29.—The provisions set forth in the First Schedule to this Act shall have effect with respect to the accounts of approved societies and branches thereof for the year 1930 and subsequent years and the audit of such accounts.
Extension of section 17 of the Act of 1913.
30.—Section 17 of the Act of 1913 which empowers the Insurance Commissioners to authorise variations in the rules of approved societies rendered necessary by the passing of that Act shall have effect as if the reference therein to amendments rendered necessary by the passing of that Act included a reference to variations or amendments rendered necessary by the passing of this Act.
General regulations.
31.—The purposes for which regulations may be made by the Insurance Commissioners under section 65 of the Act of 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.
32.—The several enactments specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and as on and from the respective dates specified in the fourth column of the said Schedule.
Short title, construction and citation.
33.—(1) This Act may be cited as the National Health Insurance Act, 1929 and shall be construed as one with the National Health Insurance Acts, 1911 to 1928.
(2) The National Health Insurance Acts, 1911 to 1928, and this Act may be cited together as the National Health Insurance Acts, 1911 to 1929.
FIRST SCHEDULE.
Audit of Accounts of Approved Societies and Branches Thereof.
1.—(1) Subject to the provisions of this paragraph, if it appears to any auditor to whom the accounts of an approved society (including the accounts of any officer or servant of the society) have been submitted under paragraph (a) of sub-section (1) of section 35 of the Act of 1911 that any item of account is contrary to law, or that any money or income which ought to have been brought into account has not been so brought into account, the auditor shall disallow the item of account and shall surcharge the amount of any unlawful payment or expenditure, or of any loss or deficiency, upon any member of the committee of management, officer, or servant of the society or other person by whose gross negligence or misconduct that payment or expenditure has been made or authorised or that loss or deficiency has been incurred.
(2) No item of account shall be disallowed or surcharged by the auditor under this paragraph if the same has been sanctioned by the Insurance Commissioners.
2.—(1) The committee of management of an approved society or any person aggrieved by any disallowance or surcharge may, within thirty days after the date of the auditor's certificate, appeal to the Insurance Commissioners, whose decision shall be final, and the procedure on appeal shall be such as may be prescribed.
(2) The Insurance Commissioners may at any stage of the proceedings on appeal, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the Court any question of law arising in the course of the appeal.
3.—(1) The Insurance Commissioners, in considering whether any item of account shall be sanctioned, or in determining any appeal under this Schedule, may, if they are of opinion that any disallowance or surcharge has been or would be lawfully made, but that in the circumstances of the case it is equitable that the disallowance or surcharge should not be made, sanction the item of account and remit the disallowance or surcharge.
(2) Where the item of account or expenditure relates in whole or in part to moneys for the application of which provision is made by scheme, vote, or regulation, the Insurance Commissioners in acting under this paragraph shall have regard to the terms of that scheme, vote, or regulation.
4.—In any case in which an appeal has been made to the Insurance Commissioners, the auditor may reopen the audit for the purpose of giving effect to the decision of the Insurance Commissioners.
5.—(1) Any sum surcharged by the auditor, or any balance certified by him to be due, shall be paid to the Insurance Commissioners by the person who is surcharged or from whom the balance is certified to be due within thirty days after the date of the auditor's certificate, or, if an appeal is lodged and the amount surcharged or certified to be due is not remitted, within thirty days after the date of the decision of the Commissioners, and if not paid within the time aforesaid may be recovered by the Commissioners summarily as a civil debt, and the costs of any proceedings for the recovery of any such sum so far as not recovered from the person surcharged shall be charged to the approved society.
(2) On any proceedings for the recovery of such a sum a certificate purporting to be signed by an auditor appointed under the Act of 1911 shall be conclusive evidence of the facts thereby certified.
6.—Any person who knowingly recharges to the funds of an approved society any sum which has been disallowed by the auditor and has not been allowed by the Insurance Commissioners on appeal shall be guilty of an offence under this Schedule and shall be liable on summary conviction thereof to a fine not exceeding three times the amount of the sum so recharged.
7.—The provisions of this Schedule shall apply to branches of an approved society in like manner as they apply to approved societies.
SECOND SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year. | Short title. | Extent of Repeal. | Date of Repeal. |
1 & 2 Geo. V. c. 55. | National Insurance Act, 1911. | Section 2, sub-section (4) of section 4, and sub-section (3) of section 81. | 6th January, 1930. |
3 & 4 Geo. V. c. 37. | National Insurance Act, 1913. | Sections 5 and 9. | 6th January, 1930. |
7 & 8 Geo. V. c. 62. | National Health Insurance Act, 1918. | Sections 8, 10 and 45. | 6th January, 1930. |
9 & 10 Geo. V. c. 36. | National Health Insurance Act, 1919. | The proviso to sub-section (1) of section 1. | 6th January, 1930. |
10 & 11 Geo. V. c. 10. | National Health Insurance Act, 1920. | Sub-section (3) of section 1. | 6th January, 1930. |
No. 20 of 1923. | Sub-section (5) of section 20. | The passing of this Act. |