S.I. No. 22/1952 - Social Welfare (Great Britain Reciprocal Arrangements) Order, 1952.

S.I. No. 22 of 1952.

SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1952.

WHEREAS by virtue of Section 2 of the Social Welfare (Reciprocal Arrangements) Act, 1948 (No. 10 of 1948), the arrangements in respect of matters relating to National Health Insurance set out in the Agreement in the Schedule to this Order have, with the consent of the Minister for Finance, been made by the Minister for Social Welfare with the proper authority of Great Britain:

NOW THEREFORE the Minister for Social Welfare, in exercise of the powers conferred on him by Section 3 of the said Act and of each and every other power him in this behalf enabling, hereby makes the following Order :

1. (1) This Order may be cited as the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1952.

(2) In this Order, the expression " the Principal Agreement " means the agreement dated the 13th day of September, 1948, made between the Minister for Social Welfare and the proper authority of Great Britain and set out in the Schedule to the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1948 ( S.I. No. 310 of 1948 ).

2. The provisions contained in the Agreement set out in the Schedule to this Order shall as far as they relate to Ireland have full force and effect as from the 5th day of July, 1948, except as respects Article 5B of the Principal Agreement (inserted by Article 4 of the said Agreement) which shall have full force and effect as from the 1st day of June, 1949, and the National Health Insurance Acts, 1911 to 1950, shall have effect subject to such modifications as may be required for the purpose of giving effect to the provisions contained in the said Agreement.

GIVEN under the Official Seal of the Minister for Social Welfare this 23rd day of January, One Thousand Nine Hundred and Fifty-two.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.

SCHEDULE.

AGREEMENT RELATING TO INSURANCE FOR SICKNESS BENEFIT AND MATERNITY BENEFIT MADE THIS ELEVENTH DAY OF JANUARY IN THE YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED AND FIFTY-TWO BETWEEN THE MINISTER FOR SOCIAL WELFARE OF THE ONE PART AND THE MINISTER OF NATIONAL INSURANCE OF THE OTHER PART.

1. For the purposes of this Agreement, the expression " the principal Agreement " means the Agreement made between the Minister of National Insurance and the Minister for Social Welfare dated the 13th September, 1948, and set out in the Schedule to the National Insurance (Reciprocal Agreement with Éire for Sickness and Maternity benefit) Order, 1948 (a) and the Schedule to the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1948 (b).

2. Article 2 of the principal Agreement shall be amended by the substitution for paragraph (4) of that article of the following paragraph :—

" (4) In determining, in relation to any person to whom this article applies, any question whether any such person is entitled to sickness benefit or maternity benefit under the Act in force in the said first mentioned country or, where that country is Ireland, is entitled to remain an insured person under that Act, and for the purpose of any such question, the number of contributions paid by or in respect of him, any contributions of the appropriate class paid by or in respect of that person for any weeks in a period to which this article applies and which is current at the date when that question arises shall be taken into account".

3. The following articles shall be inserted after Article 4 of the principal Agreement :—

" 4A. Where a person insured under the Act in force in one country who has gone to the other country returns to the first mentioned country, then unless the period applicable to him under the provisions of article 2 had terminated before his departure from the other country, any contributions of the appropriate class paid by or in respect of him in the other country during that period shall, for the purpose of sickness benefit and maternity benefit in the first mentioned country, be treated as such contributions so paid in the first mentioned country.

(a) S.I. 1948 No. 2059.

(b) S.I. No. 310 of 1948 .

4B. Where a woman insured under the Irish Act marries either—

(a) outside Great Britain, otherwise than during a period during which she is treated under the provisions of article 2 as if she were in Great Britain; or

(b) in Great Britain, during a period during which she is treated under the provisions of article 2 as if she were in Ireland ;

then for the purpose of marriage benefit under that Act all contributions of the appropriate class paid in either country shall be taken into account ".

4. The following articles shall be inserted after Article 5 of the principal Agreement :—

"5A. (1) Where the wife of a person insured under the Act in force in one country is, or is confined, in the other country, such wife shall be treated for the purpose of maternity benefit by virtue of her husband's insurance as if she were, or as if she had been confined, in the first mentioned country.

(2) Where a woman is in Ireland during any period within the four weeks beginning with the date of her confinement, and, if she had been in Great Britain, she would (apart from making a claim therefor) have been entitled to a maternity allowance in respect of that period, she shall, if the relevant conditions relating to attendance allowances are satisfied in her case, be entitled to an attendance allowance for that period in lieu of maternity allowance for the same period.

5B. Where a person in one country is incapable of work by reason of an injury or disease in respect of which he is entitled to a payment of benefit under the National Insurance (Industrial Injuries) Act, 1946 (c) or a payment of workmen's compensation under the Workmen's Compensation Act, 1934 (d) then, for the purpose of sickness benefit, any such payment of workmen's compensation under the latter Act shall be treated in Great Britain as if it were a payment of injury benefit of equal amount under the former Act, and any such payment of benefit under the former Act shall be treated in Ireland as if it were a payment of workmen's compensation of equal amount under the latter Act."

(c) 9 & 10 Geo. 6 c. 62.

(d) No. 9 of 1934.

5. (1) This Agreement shall be read as one with the principal Agreement and, except as hereinafter provided in this Article, have effect from the 5th July, 1948.

(2) The new Article 5B shall have effect in Ireland from the 1st June, 1949, and in Great Britain from the 1st March, 1952.

GIVEN under the Official Seal of the Minister for Social Welfare on the day and year first herein appearing.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.

GIVEN under the Official Seal of the Minister of National Insurance on the day and year first herein appearing.

OSBERT PEAKE,

Minister of National Insurance.