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9 1947

NATIONAL HEALTH INSURANCE ACT, 1947

PART II.

Re-Enactment, with modifications, of Part II (Miscellaneous Amendments of the Acts) of the Emergency Powers (No. 381) Order, 1946.

Provisions in relation to persons employed in non-insurable employment, but in respect of whom contributions were paid in good faith.

3. —(1) Where, whether before or after the passing of this Act, a person—

(a) has been or has been treated as a member of the Society or the Fund or the Society and the Fund for a continuous period of not less than five years, during which not less than two hundred and eight contributions or sums purporting to be contributions have been paid by or in respect of him, and

(b) has not secured membership of the Society or the Fund by fraud or misrepresentation, and

(c) is or has been employed in any employment which is not or was not insurable employment within the meaning of the Acts, but in respect of which sums purporting to be contributions have been paid by the employer in the belief that it was insurable employment within the meaning of the Acts, and

(d) is of the age of sixteen and not more than seventy,

the following provisions shall apply:—

(i) the sums referred to in paragraph (c) of this subsection shall be deemed to be contributions properly payable under the Acts,

(ii) he shall, during periods in respect of which the said sums were paid, be deemed to have been an insured person under the Acts,

(iii) sections 7 and 13 of the Act of 1918 shall apply to him as if, during the periods in respect of which the said sums were paid, he had been employed within the meaning of the Acts and had been an employed contributor.

(2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.

Amendment of section 13 of the Act of 1918.

4. —(1) Section 13 of the Act of 1918 is hereby amended by the substitution of the words “eighteen months” for the words “twelve months” wherever the latter words occur therein.

(2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.

Amendment of section 15 of the Act of 1936.

5. —(1) Section 15 of the Act of 1936 shall have effect as if the following subsection were substituted for subsection (3), that is to say:—

“(3) The weekly contribution payable under this section in respect of any person shall be payable in respect only of any contribution week or part of a contribution week for which such person receives pay and not otherwise.”

(2) Subsection (1) of this section shall be deemed to have come into operation on the 7th day of June, 1940.

Insurance of soldiers enlisted in the Permanent Force for an emergency, of certain officers of the Reserve Force and of members of the Construction Corps.

6. —(1) Where any person is enlisted to serve in the Permanent Force for a period of emergency under section 24 of the Defence Forces (Temporary Provisions) (No. 2) Act, 1940 (No. 11 of 1940), then, during his service in the Permanent Force under such enlistment and (subject to section 7 of this Act) if during that period of emergency, he is commissioned as an officer of the Reserve Force, during the first three months of membership of the Reserve Force, he shall, for the purposes of Part II of the Act of 1936 be a person insurable at the Army rate.

(2) Where any person is enlisted to serve in the Construction Corps, for a period of less than two years in army service, then, during his service in the Construction Corps, he shall, for the purposes of Part II of the Act of 1936, be a person insurable at the Army rate.

(3) Subsection (3) of section 13 of the Act of 1936 shall not apply in respect of persons who are enlisted to serve in the Construction Corps, during their service in that Corps.

(4) If any question arises whether a person who is serving or has served in the Permanent Force or the Reserve Force or the Construction Corps is or is not or was or was not, by virtue of this section, for the purposes of Part II of the Act of 1936, a person insurable at the Army rate, the question shall be referred to the Minister for Defence whose decision shall be final.

(5) Subsections (1), (2) (3) and (4) of this section shall be deemed to have come into operation on the 7th day of June, 1940.

Non-insurance of officers of Reserve Force.

7. —(1) An officer of the Reserve Force shall not be insurable for the purposes of Part II of the Act of 1936 during any period in which his rate of remuneration in respect of his service in the Reserve Force exceeds in value two hundred and fifty pounds a year.

(2) If any question arises under subsection (1) of this section whether the rate of remuneration of an officer of the Reserve Force in respect of his service in the Reserve Force during any period exceeds or exceeded in value two hundred and fifty pounds a year, the question shall be referred to the Minister for Defence whose decision shall be final.

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on the 7th day of June, 1940.

(4) In respect of any period of service in the Reserve Force of an officer of the Reserve Force on or after the commencement of section 19 of this Act, subsections (1) and (2) of this section shall be construed as if the words “five hundred pounds” were substituted for the words “two hundred and fifty pounds”.