National Health Insurance Act, 1929

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Recovery of contributions.

28.—(1) Where an employer has failed or neglected to pay any contributions which under the Acts he is liable to pay in respect of an employed contributor and which accrued due on or after the 3rd day of January, 1927, the amount which he has so failed or neglected to pay shall be a debt due and payable by such employer to the Insurance Commissioners, and, without prejudice to any other method of recovery, shall be recoverable from such employer, his executors and administrators, by the said Commissioners as a civil debt in any court of competent jurisdiction, and when so recovered and paid shall be treated as a payment in satisfaction of such contributions.

(2) If an employer being a company, fails to pay to the Insurance Commissioners any sum which has been recovered against it in an action brought under the foregoing sub-section, that sum shall be a debt due to the Insurance Commissioners jointly and severally from any of the directors of such company who knew, or could reasonably be expected to have known, of the failure or neglect to pay the contribution or contributions which gave rise to such action, and such sum shall be recoverable as a civil debt in any court of competent jurisdiction and proceedings for the recovery thereof may be commenced at any time within twelve months from the date of the order for payment made against such company in such action.

(3) Where an employer has failed or neglected to pay any contributions which under the Acts he is liable to pay in respect of an employed contributor or has failed or neglected to comply in relation to an employed contributor with the regulations relating to the payment and collection of contributions and by reason thereof the employed contributor or any person claiming through him has lost in whole or in part any benefits to which he would have been entitled under the Acts, and no proceedings have been taken under section 40 of the Act of 1918 by any person to recover the amount of the benefits so lost the Insurance Commissioners may in the name and on behalf of such contributor recover such amount from such employer his executors and administrators as a civil debt in any court of competent jurisdiction.