S.I. No. 309/1952 - Social Welfare (Isle of Man Reciprocal Arrangements) Order, 1952.

S.I. No. 309 of 1952.

SOCIAL WELFARE (ISLE OF MAN 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 the Isle of Man.

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. This Order may be cited as the Social Welfare (Isle of Man Reciprocal Arrangements) Order, 1952.

2. The provisions contained in the Agreement set out in the Schedule to this Order shall have full force and effect as from the 5th day of July, 1948, except as respects Article 9 which shall have full force and effect as from the 1st day of November, 1952, and the National Health Insurance Acts, 1911 to 1952, 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 29th day of October, 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 18TH DAY OF OCTOBER 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 GOVERNOR OF THE ISLE OF MAN, WITH THE ADVICE AND CONSENT OF THE ISLE OF MAN BOARD OF SOCIAL SERVICES CONSTITUTED UNDER THE ISLE OF MAN BOARD OF SOCIAL SERVICES ACT, 1948, OF THE OTHER PART.

1.—(I) In this Agreement, unless the context otherwise requires—

1 & 2 Geo. 5 C.55.

" the Irish Act " means the National Insurance Act, 1911 ;

11 & 12 Geo. VI

" the Isle of Man Act " means the National Insurance (Isle of Man) Act, 1948 ;

" the Minister " means the Minister for Social Welfare ;

" the Governor " means the Lieutenant-Governor or Deputy Lieutenant-Governor of the Isle of Man;

" the Board " means the Isle of Man Board of Social Services constituted under the Isle of Man Board of Social Services Act, 1948 ;

S. R. & O. 1947, No. 76.

" sickness benefit " means, as the case may require, sickness benefit or disablement benefit under the Irish Act together with any cash supplement payable under the Social Welfare Schemes (Cash Supplements) Order, 1947, or sickness benefit under the Isle of Man Act ;

" maternity benefit " means, as the case may require, maternity benefit under the Irish Act or maternity benefit other than maternity allowance under the Isle of Man Act ; and

" contributions of the appropriate class " means contributions (whether under the Irish Act or the Isle of Man Act or under any enactment repealed by either of those Acts) having effect for the purposes, as the case may be, of sickness benefit or of maternity benefit or, under the Irish Act, of marriage benefit.

(2) References in this Agreement to the Act in force in Ireland or the Isle of Man, respectively, shall be construed as references to the Irish Act or the Isle of Man Act as the case may require.

(3) References in this Agreement to any enactment or order shall include a reference to such enactment or order as amended by any subsequent enactment, order or regulations.

2.—(1) Subject to the provisions of articles 4 and 9 and of the following paragraphs of this article, where a person insured under the Irish Act is on the 5th July, 1948, in the Isle of Man or thereafter goes to the Isle of Man, that person shall, in respect of any period for which he is in the Isle of Man occurring after the said date and before the expiration of six months from the date on which he last arrived in the Isle of Man, be treated for the purposes of his right to receive sickness benefit or maternity benefit as if he were in Ireland during that period and where a person insured under the Isle of Man Act is, on the 5th July, 1948, in Ireland or thereafter goes to Ireland, that person shall, in respect of any period for which he is in Ireland occurring after the said date and before the expiration of six months from the date on which he last arrived in Ireland, be treated for the purposes of his right to receive sickness benefit or maternity benefit as if he were in the Isle of Man during that period :

Provided that—

(a) for the purpose of calculating the said period of six months the temporary absence of a person from Ireland or the Isle of Man, as the case may be, shall be disregarded and the question whether the absence of a person is or is not to be treated as temporary for the said purpose shall be determined under article 11 : and

(b) the Minister or the Board, as the case may be, may extend the said period of six months by not more than seven days in the circumstances of any particular case or class of cases.

(2) This article shall not apply in the case of any such person, being a woman who marries during the said period, as from the date of her marriage.

(3) The rate at which any sickness benefit (apart from any increase) shall be payable to any person by virtue of this article shall not exceed the maximum rate of that benefit (apart from any increase) appropriate to that person under the provisions of the Irish Act when that person is in Ireland or of the Isle of Man Act when that person is in the Isle of Man.

(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 or to remain an insured person under the Irish Act or whether any such person is entitled to sickness benefit or maternity benefit under the Isle of Man 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.

(5) Subject to the provisions of article 6, this article shall not confer any right to receive an increase of benefit under the Isle of Man Act for a child or an adult dependant who is absent from the Isle of Man.

3. Where a person insured under the Irish Act who has gone to the Isle of Man returns to Ireland, then unless the period applicable to him under the provisions of article 2 had terminated before his departure from the Isle of Man, any contributions of the appropriate class paid by or in respect of him in the Isle of Man during that period shall be treated as such contributions so paid in Ireland, or where a person insured under the Isle of Man Act who has gone to Ireland returns to the Isle of Man, then unless the period applicable to him under the provisions of article 2 had terminated before his departure from Ireland, any contributions of the appropriate class paid by or in respect of him in Ireland during that period shall be treated as such contributions so paid in the Isle of Man.

4. A member of the Defence Forces of Ireland who is insured under the Isle of Man Act shall not be entitled to sickness benefit under that Act in respect of any period during which he is a member of such Forces.

5.—(1) Where a person insured under the Irish Act is in the Isle of Man at the expiration of the period during which the provisions of article 2 applied to him, then—

(a) the provisions of the Irish Act shall cease to apply in his case ; and

(b) in the application to him, for the purposes of sickness benefit and maternity benefit, of the provisions of the Isle of Man Act, insurance, employment, contributions of the appropriate class paid (including such contributions credited or treated as paid) and benefits paid or claimed in Ireland shall be treated as if they had been respectively insurance, employment, contributions of the appropriate class paid (including contributions credited or treated as paid) and benefits paid or claimed in the Isle of Man.

(2) Where a person insured under the Isle of Man Act is in Ireland at the expiration of the period during which the provisions of article 2 applied to him, then—

(a) for the purposes of sickness benefit and maternity benefit the provisions of the Isle of Man Act shall cease to apply in his case ; and

(b) in the application to him of the provisions of the Irish Act, insurance, employment, contributions of the appropriate class paid (including such contributions credited or treated as paid) and benefits paid or claimed in the Isle of Man shall be treated as if they had been respectively insurance, employment, contributions of the appropriate class paid (including contributions credited or treated as paid) and benefits paid or claimed in Ireland :

Provided that, in the case of a person who has been insured under the Irish Act and is in the Isle of Man, unless and until not less than thirteen such contributions have been paid by or in respect of him under the Isle of Man Act since the beginning of the said period, the rate at which any sickness benefit (including any increase) and maternity benefit shall be payable, shall not exceed the rate at which it would have been payable to him at the end of that period under the provisions of the Irish Act.

6. Where the wife or husband of a person insured under the Irish Act is in the Isle of Man, such wife or husband shall be treated for the purpose of the right of that person to receive an increase of any sickness benefit to which that person may be entitled in respect of a wife or husband as if she or he were in Ireland and where the wife or husband of a person insured under the Isle of Man Act is in Ireland, such wife or husband shall be treated for the purpose of the right of that person to receive an increase of any sickness benefit to which that person may be entitled in respect of a wife or husband as if she or he were in the Isle of Man.

7. Where the wife of a person insured under the Irish Act is, or is confined, in the Isle of Man, 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 Ireland and where the wife of a person insured under the Isle of Man Act is, or is confined, in Ireland, 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 Isle of Man.

8. 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 the Isle of Man, 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.

No. 9 of 1934.

9. Where a person 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) (Isle of Man) Act, 1948, then for the purpose of sickness benefit under the Irish Act any such payment shall be treated as if it were a payment of compensation of equal amount under the Workmen's Compensation Act, 1934 , or where a person is incapable of work by reason of an injury or disease in respect of which he is entitled to payment of compensation under the Workmen's Compensation Act, 1934 , then for the purpose of sickness benefit under the Isle of Man Act any such payment shall be treated as if it were a payment of injury benefit of equal amount under the National Insurance (Industrial Injuries) (Isle of Man) Act, 1948.

10. Nothing in this Agreement shall confer a right to double benefit.

11. The Minister and the Board shall from time to time determine the procedure appropriate for the purposes of this Agreement, and all matters of an incidental and supplementary nature which in their opinion are relevant for the purpose of giving effect thereto.

12. Such financial adjustments between the Irish National Health Insurance Fund and the Manx National Insurance Fund as may be agreed from time to time in connection with this Agreement shall be made by the Minister and the Board.

13.—(1) This Agreement shall have effect from the 5th July, 1948, except as hereinafter provided in this article.

(2) Article 9 shall have effect from the 1st November, 1952.

(3) The Minister or the Board may terminate this Agreement on giving not less than six months' previous notice in writing.

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 Lieutenant-Governor of the Isle of Man on the day and year first herein appearing.

A. D. FLUX DUNDAS,

Lieutenant-Governor.

The consent of the Isle of Man Board of Social Services is hereby given to this Agreement.

J. C. NIVISON,

Chairman,

Isle of Man Board of Social Services.