No. 21/1930:

EXEMPT PERSONS (DISCONTINUANCE) REGULATIONS, 1930.

EXEMPT PERSONS (DISCONTINUANCE) REGULATIONS, 1930.

ARACHAS NAISIUNTA AR SHLAINTE.

(NATIONAL HEALTH INSURANCE.)

EXEMPT PERSONS (DISCONTINUANCE) REGULATIONS, 1930.

Regulations, dated 24th February, 1930, made by the Irish Insurance Commissioners with the concurrence of the Minister for Local Government and Public Health under the National Health Insurance Acts; 1911 to 1929, with reference to Exempt Persons.

ARRANGEMENT OF REGULATIONS.

PART I.

GENERAL.

1.—Short Title.

2.—Interpretation.

PART II.

BENEFIT.

3.—Qualifications for Benefit.

4.—Rates, Duration and Conditions of Benefit.

5.—Proof of Age, etc.

6.—Change of Address.

7.—Disqualifications for Benefit.

PART III.

BENEFIT OF EXEMPT PERSONS WHO BECOME INSURED PERSONS.

8.—Continuation of Benefit.

9.—Additional Payments.

PART IV.

FINANCE.

10.—Payments into the Irish Exempt Persons' Fund.

11.—Payments out of Irish Exempt Persons' Fund.

The Irish Insurance Commissioners, in exercise of the powers conferred on them by the National Health Insurance Acts, 1911 to 1929, and of all other powers enabling them in that behalf, do hereby, with the concurrence of the Minister for Local Government and Public Health, make the following Regulations:—

PART I. GENERAL.

1.—These Regulations may be cited as the National Health Insurance Exempt Persons (Discontinuance) Regulations, 1930, and shall come into operation on the 6th day of January, 1930.

2.—(1) In these Regulations, unless the context otherwise requires—

"The Principal Act" means the National Insurance Act, 1911, and the National Insurance Act, 1913, the National Health Insurance Act, 1918, the National Health Insurance Act, 1919, and the National Health Insurance Act, 1929 , are respectively referred to as the Act of 1913, the Act of 1918, the Act of 1919, and the Act of 1929. References to any particular provisions of those Acts shall be construed as references to those provisions as amended or extended by any subsequent enactments;

"The Commissioners" means the Irish Insurance Commissioners;

"Certificate of Exemption" means a certificate under S. 2 of the Principal Act as extended by S. 5 of the Act of 1913, S. 8 of the Act of 1918 and the proviso to sub-section 1 of S. 1 of the Act of 1919, exempting the person to whom the certificate is granted from liability to become or to continue to be insured under the Principal Act, but does not include a certificate of exemption issued to a migratory labourer upon the terms mentioned in sub-section 3 of S. 81 of the Principal Act;

"Exempt Person" means a person to whom a certificate of exemption was granted before, and was in force at the 5th January, 1930 ;

"Half-year" means any period approximating to six months in respect of which contribution cards have been issued under the Regulations relating to the collection of contributions made under the Principal Act and for the time being in force;

"Contribution" means a contribution paid under the National Health Insurance Acts, 1911 to 1929, in respect of any period in which the person in respect of whom it is paid is an insured or exempt person;

"Employment" means employment within the meaning of the Principal Act as extended by S. 6 of the Act of 1913, and "employed" has a corresponding meaning.

"Insured person" means a person insured under the Principal Act, and includes a person who is a member of an Approved Society for the purposes of that Act;

"Society" means an Approved Society;

"Benefit period" means the period from the 1st day of April to the 31st day of March (both inclusive) in any consecutive years prior to the 31st day of March, 1931.

"Qualifying period" means the two half-years next preceding any benefit period;

"Benefit" means sickness benefit while an exempt person is resident in Saorstát Eireann of such amount and subject to such conditions as are specified in these Regulations;

"Irish Exempt Persons' Fund "means the account established under sub-section (4) of S. 4 of the Principal Act, which shall, notwithstanding the repeal of sub-section (4) of S. 4 of the Principal Act effected by the Act of 1929, continue to exist until all liabilities against the said account incurred under these Regulations have been met.

(2) The Interpretation Act, 1889, as modified and adapted by or under the Adaptation of Enactments Act, 1922 , applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

PART II. BENEFIT.

3.—(1) Subject to the provisions of these Regulations, and notwithstanding the abolition of certificates of exemption effected by the Act of 1929, a person who is an exempt person on the 5th day of January, 1930, shall on and after the 6th day of January, 1930, be entitled to benefit:—

(a) during the remainder of the current benefit period ending on the 31st day of March, 1930, provided twenty contributions have been paid by or in respect of him whether as an insured or exempt person during the qualifying period ended on the 6th day of January, 1929; and (or)

(b) during the benefit period ending on the 31st day of March, 1931, provided twenty contributions have been paid by or in respect of him whether as an insured or exempt person during the qualifying period ending the 5th day of January, 1930.

(2) Subject as aforesaid, an exempt person who was not previously entitled to benefit under these or any other Regulations for the time being in force in regard to the benefits of exempt persons, and who has not become entitled to such benefits at the commencement of the benefit period, shall, on application to the Commissioners :—

(a) be entitled to benefit for the remainder of the current benefit period if he was an insured person for a period of not less than one year immediately preceding the date on which he became an exempt person and if not less than twenty-six contributions have been paid by or in respect of him during the period of his insurance;

(b) be entitled to benefit for the remainder of the benefit period commencing on the 1st day of April, 1930, if not less than thirty contributions either as an insured or exempt person have been paid by or in respect of him, provided always that he shall not become so entitled until after the lapse of six weeks from the date of the application and that he shall not become so entitled after the 30th day of September, 1930.

4.—(1) Benefit as provided by these Regulations shall mean a payment of nine shillings a week for a period or periods not exceeding thirteen weeks, during which the exempt person is rendered incapable of work by some specific disease or by bodily or mental disablement of which notice has been given to the Commissioners, commencing on the fourth day of such incapacity, provided that :—

(a) Where an exempt person has been in receipt of benefit in respect of any disease or disablement lasting less than thirteen weeks, any subsequent disease or disablement occurring within twelve months from the last date in respect of which he received benefit, but not later than the 31st day of March, 1931, shall be deemed to be a continuation of the previous disease or disablement ;

(b) where an exempt person has received benefit for thirteen weeks he shall not be entitled to any further benefit as provided by these Regulations during the twelve months following the date in respect of which he last received benefit.

(2) For the purposes of these Regulations, a day of incapacity shall be interpreted in accordance with paragraph (c) of S. 8 (1) of the Principal Act as amended by S. 13 of the Act of 1913.

(3) No benefit shall be paid to an exempt person during any period in respect of which such person has received, or recovered, or is, in the opinion of the Commissioners, entitled to receive or recover any compensation or damages within the meaning of S. 11 of the Principal Act or any pension, grant or allowance which, in pursuance of the provisions of any statute in that behalf, is treated for the purposes of such section as if it were compensation under the Workmen's Compensation Act, 1906.

5.—No exempt person shall be entitled to benefit as provided by these Regulations until he has furnished to the Commissioners such evidence, if any, as they may require with respect to his age, employment and the number of contributions paid by or in respect of him.

6.—If, while these Regulations are in force, an exempt person changes his place of residence he shall give notice to the Commissioners of the address of his new place of residence.

7.—(1) An exempt person shall not be entitled to benefit under these Regulations during any period in which he is not resident in Saorstát Eireann.

(2) An exempt person shall not be entitled to receive benefit under these Regulations unless he conforms to all instructions issued to him by the Commissioners with regard to such benefit.

PART III. BENEFIT OF EXEMPT PERSONS WHO BECOME INSURED PERSONS.

8.—When an exempt person becomes an insured person he shall, subject to the provisions of these Regulations, continue to be entitled to any benefits to which he may be entitled under Part II. of these Regulations until the date on which he becomes entitled to sickness benefit as an insured person or until the 31st day of March, 1931, whichever of the said dates is the earlier, and he shall then cease to be entitled to benefit under these Regulations.

9.—Notwithstanding anything contained in the foregoing article, an exempt person who becomes entitled to and receives sickness benefit as an insured person in respect of any period or periods not later than the 31st day of March, 1931, at a rate less than nine shillings a week shall, subject to the provisions of Article 4 (1) of these Regulations become entitled to and shall receive out of the Irish Exempt Persons' Fund an additional payment in respect of the period or periods of incapacity calculated at a weekly rate equal to the difference between the weekly rate paid by the Society and the rate of nine shillings a week, provided that such person is for the time being entitled to benefit under Article 3 of Part II. of these Regulations.

PART IV. FINANCE.

10.—All contributions at the exempt rate paid in respect of exempt persons shall be carried by the Commissioners to the credit of the Irish Exempt Persons' Fund.

11.—(1) The cost of benefits payable under these Regulations, including any sums payable under the provisions of Article 9 of Part III. hereof, shall be met from the sums standing to the credit of the Irish Exempt Persons' Fund.

(2) There shall be transferred in respect of the period ending the 31st day of March, 1931, from the Irish Exempt Persons' Fund to the Minister for Finance such sum in respect of the expenses incurred by or on behalf of the Commissioners in the administration of benefits to exempt persons as the Commissioners may determine, not exceeding the sum of one shilling and sixpence multiplied by the number of exempt persons, and the provisions of the Principal Act relating to the application of moneys provided by the Oireachtas towards the cost of the administration of benefits shall not apply to any sums so transferred to the Minister for Finance.

(3) The number of exempt persons shall be determined in such manner as the Commissioners think fit.

Given under the Official Seal of the Irish Insurance Commissioners, this 24th day of February, in the Year One Thousand Nine Hundred and Thirty.

JOHN HOULIHAN,

Secretary to the Irish Insurance

Commissioners.