National Health Insurance Act, 1929

• Jurisdiction: Ireland
• Citation: IR No. 42/1929
• Year: 1929

Number 42 of 1929.
NATIONAL HEALTH INSURANCE ACT, 1929.
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Abolition of certificates of exemption. 3. Benefits of certain exempted persons after 5th January, 1930. 4. Irish Migratory Labourers Exemption Fund. 5. Admission to membership of approved society. 6. Expulsion of member of approved society. 7. Disqualification of non-member for benefits. 8. Deferment of right to benefit in certain cases. 9. Date of admission to membership. 10. Admission to approved societies of deposit contributors. 11. Financial provisions in relation to transferred deposit contributors. 12. Abolition of deposit contributors. 13. Military deposit contributors. 14. Failure to submit evidence of incapacity. 15. Married women. 16. Junior assistant mistresses in National Schools. 17. Amendment of section 112 of the Act of 1911. 18. Amendment of section 12 of the Act of 1918. 19. Limitation of right to pay contributions in respect of period of unemployment. 20. Amendments of the Act of 1923. 21. Reservists undergoing training. 22. Reservists on service. 23. Abolition of sanatorium benefit and Insurance Committees. 24. Grant to counties and county boroughs. 25. Provision of funds for Medical Certification Fund. 26. Sums to be paid out of Medical Certification Fund. 27. Second medical opinions on and after 1st January, 1930. 28. Recovery of contributions. 29. Accounts of approved societies. 30. Extension of section 17 of the Act of 1913. 31. General regulations. 32. Repeals. 33. Short title, construction and citation.
FIRST SCHEDULE.
SECOND SCHEDULE.
Acts Referred to National Health Insurance Act, 1923 No. 20 of 1923 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923
Number 42 of 1929.
NATIONAL HEALTH INSURANCE ACT, 1929.
AN ACT TO AMEND THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1928. [20th December, 1929.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	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...