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20 1923

NATIONAL HEALTH INSURANCE ACT, 1923

PART II.

TRANSITIONAL PROVISIONS.

Constitution of Irish members of British Societies into Provisional Irish Societies.

2. —(1) Where a British Society had immediately before the first day of April, 1922, any members resident in Saorstát Eireann, then, as from the said first day of April, any insured persons so resident who would, if Saorstát Eireann had not been established, have been entitled to receive benefits from that British Society as members thereof, shall be deemed to have been and to be members of a Provisional Irish Society.

(2) The benefits of the members of such a Provisional Irish Society may, if arrangements for the purpose are made between the Insurance Commissioners and the Joint Committee, continue until a date not later than the appointed day to be administered by the Committee of Management of such British Society as aforesaid as if such Committee of Management were the Committee of Management of the Provisional Irish Society.

Constitution of Irish branches of British Societies into Provisional Irish Societies.

3. —Where immediately before the first day of April, 1922, a British Society had one or more Irish branches, then, as from the said first day of April, the branch, if there is only one, shall be deemed to have become a Provisional Irish Society, and the branches, if more than one, shall be deemed to have become branches of a Provisional Irish Society with branches:

Provided that if arrangements are made for the purpose between the Insurance Commissioners and the Joint Committee, the central body of the British Society may continue until the appointed day to exercise as respects such Provisional Society or branches the like powers of control and management as would have been exercisable by it if Saorstát Eireann had not been established and the Society or branches had remained a branch or branches of the British Society.

Obligations of Irish Societies.

4. —Any Irish Society or branch which has since the first day of April, 1922, administered benefits of insured persons resident in Great Britain shall keep such accounts and give to the Insurance Commissioners such information with respect to those persons and deliver to the Insurance Commissioners such papers and documents in its possession or under its control and relating to those persons as the Insurance Commissioners may direct.

Conversion of Provisional into Approved Societies or transfer of members to other Societies, &c.

5. —(1) The Insurance Commissioners may take such steps as they think expedient for enabling Provisional Irish Societies before the appointed day:—

(a) to become properly constituted and approved Irish Societies or branches thereof:

(b) to transfer their engagements as respects any of their members to one or more other Irish Societies or to branches thereof:

and the Insurance Commissioners shall have power to give directions for the purpose, including power to apply with or without modification any regulations made in pursuance of Section 31 and Clauses (a), (b), and (d) of Paragraph 1 of Part I. of the Fourth Schedule to the Act of 1918, as to the transfer of engagements.

(2) The steps taken by the Insurance Commissioners under the foregoing sub-section may include steps for enabling a branch of a Provisional Irish Society to become a separate Approved Irish Society.

(3) Provisional Irish Societies shall be deemed to be Approved Societies until the appointed day, but on and after the appointed day no Provisional Irish Society shall be deemed to be an Approved Society, and all insured persons resident in Saorstát Eireann who immediately before the appointed day are members of a Provisional Irish Society shall on the appointed day be transferred to the Dissolved Societies' Fund of Saorstát Eireann, and the Insurance Commissioners shall have power to give directions for the purpose, including power to apply with or without modification any regulations as to transfers to the Dissolved Societies' Fund made in pursuance of Section 28 and Paragraph B of the First Schedule to the Act of 1913.

Transfer to Irish Societies of appropriate funds.

6. —(1) Where in pursuance of this Act any Provisional Irish Society becomes a properly constituted and Approved Society or branch, the Insurance Commissioners shall transfer to or to the account of the Society, or, if the Provisional Society becomes a branch, to that branch and to or to the account of the Society of which it becomes a branch, such funds as may be determined as at the first day of April, 1922, to represent funds—

(a) attributable to the members of the parent Society who became members of the Provisional Society; or

(b) in cases where the Provisional Society consists of a former branch or branches of the parent Society, attributable to that branch or branches:

subject to such adjustments as may be required in respect of the period between the said first day of April and the date when the Society becomes a properly constituted and Approved Society.

(2) Where in pursuance of this Act the engagements of a Provisional Irish Society in respect of any of its members are transferred to another Society, or members of a Provisional Irish Society are transferred to the Dissolved Societies' Fund, the Insurance Commissioners shall transfer to or to the account of that Society or Fund such funds as may be determined as at the first day of April, 1922, to represent funds attributable to such members as aforesaid, subject to such adjustments as may be required in respect of the period between the said first day of April and the date when the transfer of engagements is effected, or the appointed day as the case may be.

(3) Pending the determination of the amount of the funds to be so transferred to or to the account of any Society or Fund, the Insurance Commissioners may give to the Society or Fund credits on account of the funds to be so transferred to it of such amounts and in such manner as they may think fit.

(4) In this section the expression “parent Society” means the British Society, members of which, or a branch or branches of which, are by virtue of this Act deemed to constitute a Provisional Irish Society.

Transfer by Irish Societies of appropriate funds.

7. —(1) The funds as on the first day of April, 1922, of every Irish Society which immediately before that date had amongst its members insured persons resident in Great Britain, or had one or more British branches, shall be apportioned, and the funds which on such apportionment are found to be properly attributable to such members or branches after deducting the amount of any funds held on the said first day of April on behalf of the Society by the Minister of Health for England, the Scottish Board of Health, or the Ministry of Labour for Northern Ireland, shall, subject to such adjustments as may be required in respect of the period between the said first day of April and the appointed day or any part thereof, be transferred to the Insurance Commissioners.

(2) This section shall apply in the case of an Irish branch in like manner as it applies in the case of an Irish Society, except that in such case the apportionment shall be made of the funds of the Society as well as of the branch.

Application to British branches.

8. —The foregoing provisions of this Part of this Act shall apply in the case of British branches and insured persons resident in Saorstát Eireann who immediately before the first day of April, 1922, were members thereof in like manner as they apply to British Societies and persons so resident who were at the said date members of British Societies, subject however to such modifications as the Insurance Commissioners may direct.

Continuation of certain benefits.

9. —Where an insured person who by virtue of this Act becomes a member of a Provisional Irish Society or branch thereof, was immediately before the first day of April, 1922, entitled to receive from the British Society or branch of which he was then a member any additional benefit, he shall be entitled to receive from the Provisional Irish Society or branch thereof, or from any Society or branch to which he is transferred under this Act, or from the Dissolved Societies' Fund, such additional benefit, so long as he would have been entitled to receive it had he remained a member of the British Society or branch, subject, however, to such variations as in the opinion of the Insurance Commissioners may be necessary or expedient.

Relief from fee on terminating membership of Approved Society in certain cases.

10. —The provisions of Proviso (e) to sub-section (1) of Section 14 of the Act of 1918 requiring the payment of a fee by a member of an Approved Society on terminating his membership shall not apply in the case of any person who becomes a member of an Approved Society in Saorstát Eireann on the 1st July, 1923, in accordance with the foregoing provisions of this Part of this Act and who gives notice within six months from the passing of this Act of his desire to terminate his membership.

Authority for making adjustments.

11. —(1) If an arrangement is made before the appointed day between the Insurance Commissioners and the Joint Committee for the establishment of a Board containing representatives of the Insurance Commissioners and the Joint Committee for making apportionments, determinations and adjustments both under this Act and under any corresponding legislative enactments in Great Britain, any apportionment or determination of a share in funds or other financial adjustment required by this Part of this Act shall be made by such Board.

In default of such arrangement being so made all apportionments, determinations or shares and adjustments required by this Part of this Act shall be made by the Insurance Commissioners.

(2) Such Board as aforesaid or the Insurance Commissioners, as the case may be, shall have full power to make such apportionments, determinations and adjustments, and to do all such things as they may consider necessary or expedient to carry into effect the objects of this Part of this Act, and such Board shall further have power to complete as at the 1st day of March, 1922, the apportionment of the assets and liabilities of the Irish National Health Insurance Fund as between Saorstát Eireann and Northern Ireland.

Obligations of Trustees of Societies.

12. —(1) Where under this Act any part of the funds of a Society or branch is on an apportionment or adjustment transferable to the Insurance Commissioners, the Insurance Commissioners may require the trustees of the Society or branch to make the necessary transfer, or, in any case in which it appears to the Insurance Commissioners expedient, they may make the necessary transfer out of the funds held by them on behalf of the Society or branch.

(2) A certificate from the Insurance Commissioners that a transfer has been made by the trustees of a Society or branch in accordance with such requirements as aforesaid shall be a good discharge to the trustees as respects the funds so transferred.

Constitution of special account.

13. —The Insurance Commissioners shall carry to a special account:—

(a) all funds which in pursuance of this Part of this Act are transferred to the Insurance Commissioners by or on behalf of an Irish Society or branch or by the Joint Committee under the National Health Insurance (International Arrangements) Order, 1923; and

(b) such funds as represent the amounts held by them immediately before the first day of April, 1922, on behalf of British Societies and British branches, subject to such adjustments as may be necessary in respect of the period between the said first day of April and the appointed day;

and out of that account shall be transferred all funds which, by virtue of this Act, are to be transferred by the Insurance Commissioners to or to the account of any Irish Society or branch, or to the account of the Dissolved Societies' Fund.

Constitution of the Military Forces (International Arrangements) Insurance Fund.

14. —(1) There shall be constituted under the control and management of the Insurance Commissioners a Special Fund to be known as the Military Forces (International Arrangements) Insurance Fund, the membership of which shall, on and after the 1st day of July, 1923, consist of:—

(a) persons who were resident in Saorstát Eireann on the 1st day of July, 1923, and were, immediately before that date, members of the British Navy and Army Insurance Fund;

(b) such persons, if any, as may be agreed upon between the Insurance Commissioners and the Joint Committee under any mutual arrangements made under this Act for securing the continuity of insurance of persons who, having served in the Naval, Military or Air Forces of Great Britain, are or become at any time after the 1st day of July, 1923, resident in Saorstát Eireann;

(c) persons serving in the armed forces of Saorstát Eireann who, immediately prior to enlistment, were resident in Great Britain and were members of Irish or British Approved Societies;

(d) persons serving in the armed forces of Saorstát Eireann who elect under the provisions of Section 20 (1) (b) of this Act, to become and become, members of the Fund.

(2) Regulations made by the Insurance Commissioners may prescribe the conditions under which a member of the Military Forces (International Arrangements) Insurance Fund may continue to be a member of that Fund.

(3) There shall be transferred to the credit of the Military Forces (International Arrangements) Insurance Fund by the Insurance Commissioners the equivalent of such sum as on the apportionment of the British Navy and Army Insurance Fund is found to be, as at the 1st day of July, 1923, appropriate to the members of that Fund who are under this section transferred to the Military Forces (International Arrangements) Insurance Fund.

(4) For the purposes of such provisions of the Acts as may be prescribed by regulations made by the Insurance Commissioners, the Military Forces (International Arrangements) Insurance Fund shall be deemed to be an Approved Society, and the members of that Fund shall be deemed to be members of an Approved Society, and the provisions of the Acts relating to Societies and to members and membership of and transfer to and from Societies, and relating to persons lapsing from insurance, shall apply to members of the Military Forces (International Arrangements) Insurance Fund, subject to such modifications as may be prescribed by such regulations.

(5) All members of the British Navy and Army Insurance Fund who are under sub-section 1 (a) of this Section transferred to the Military Forces (International Arrangements) Insurance Fund shall, on and after such transfer, have the same rights against and obligations to the Military Forces (International Arrangements) Insurance Fund as immediately before such transfer they had against and to the British Navy and Army Insurance Fund.

(6) There shall be credited to the Military Forces (International Arrangements) Insurance Fund all contributions paid by or in respect of members of that Fund, and the proper proportion of the sums required for providing benefits for members of the Fund, and for the expenses of the administration of such benefits, together with such further sums as may from time to time be required for securing the solvency of the Fund, shall be paid out of moneys provided by the Oireachtas.