Social Welfare Act, 1950

• Jurisdiction: Ireland
• Citation: IR No. 14/1950
• Year: 1950

Number 14 of 1950.
SOCIAL WELFARE ACT, 1950.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title and collective citation. 2. Interpretation. 3. Expenses. 4. Commencement of Part II.
PART II.
Dissolution of Cumann an Arachais Naisiunta ar Shlainte.
5. Dissolution of the Society. 6. Extension of certain provisions. 7. Transfer of officers and employees of the Society. 8. Termination of pension scheme and pension fund. 9. Transfer of stocks, shares and securities of the Society. 10. Transfer of other property of the Society. 11. Transfer of liabilities of the Society. 12. Cesser of Reserve Fund. 13. Cesser of Guarantee Fund. 14. Investment of surplus sums in the Fund. 15. Amendment of section 3 of Act of 1911 and section 17 of National Health Insurance Act, 1947. 16. Contributions (representing costs of administration) from Fund to expenses of administration of the Acts and this Act. 17. Contributions (representing appropriations) from Fund to expenses of administration of the Acts and this Act. 18. General power to Minister. 19. Repeal of section 2 of National Health Insurance Act, 1942. 20. Modification and application of enactments.
PART III.
Miscellaneous.
21. Payments from Fund for acquisition of land, etc. 22. Restriction on increase of remuneration, etc. 23. Continuation in office of members of committee of management. 24. Adjustments in funds and accounts. 25. Directions with respect to certain requirements. 26. Amendment of section 81 of Act of 1911 and section 16 of National Health Insurance and Widows' and Orphans' Pensions Act, 1936. 27. Amendment of section 17 of National Health Insurance Act, 1947. 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.
	(2) The Acts and this Act may be cited together as the National Health Insurance Acts, 1911 to 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.
	(2) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of powers.
	(3) In this Act, a reference to disposal includes, in relation to land or premises, a reference to the giving of a lease, letting or grant and a reference to acquisition includes, in relation to lands or premises, a reference to the taking of a lease, letting or grant.
	(4) This Act shall be construed as one with the Acts.
	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.
	(2) Notwithstanding subsection (1) of this section—
	(a) an intimation referred to in paragraph (a) of subsection (6) of section 7 of this Act may be given to the Minister before Part II of this Act comes into operation, and
	(b) orders may be made under section 20 of this Act before 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.
	(2) The functions which the Society had immediately before the transfer day are hereby transferred to the Minister and shall be performed by him.
	(3) Nothing in this section shall affect the rights or obligations under the Acts of insured persons or of employers.
	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.
	(2) Where a person who is appointed to a situation in the civil service of the Government by virtue of subsection (1) of this section was, immediately before the transfer day, a member of the pension fund, such situation shall be a permanent situation and such of his service under the Society and of his previous service (if any) under any approved society as, but for this Part of this Act, would be reckonable as pensionable service for the purposes of the pension scheme shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.
	(3) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the civil service of the Government was, immediately before the transfer day, serving a period of probation on the satisfactory completion of which he would have become a member of the pension fund—
	(a) his service on and after the transfer day shall be reckonable towards completion of the period of probation, and
	(b) on completion of the period of probation and if then deemed satisfactory by the Minister—
	(i) he shall hereby, notwithstanding anything contained in any other enactment, be appointed to a permanent situation in the civil service of the Government, and
	(ii) any service rendered during the period of probation, which, but for this Part of this Act, would have been treated as pensionable service for the purposes of the pension scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.
	(4) In any application of the Superannuation Acts, 1834 to 1947, to a female person to whom subsection (2) or subsection (3) of this section applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and, in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.
	(5) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the Civil Service of the Government was, immediately before the transfer day, in receipt of a pension under the Military Service Pensions Acts, 1924 to 1949, the amount of any suspension (whether total or partial) to which the pension becomes liable from time to time as a result of the said appointment shall be recouped to such person by the Minister out of moneys provided by the Oireachtas.
	(6) The foregoing provisions of this section shall not apply to—
	(a) a person who has intimated to the Minister in writing that he elects that this section shall not apply to him, or
	(b) a person whose office or employment is professional or technical.
	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.
	(2) All property, whether real or personal (including choses-in-action), which, immediately before the transfer day, was vested in the trustees of the pension fund shall, on the transfer day and without any conveyance or assignment...