S.I. No. 22/1953 - Social Welfare (Treatment Benefit) (Transitional) Regulations, 1953.

S.I. No. 22 of 1953.

SOCIAL WELFARE (TREATMENT BENEFIT) (TRANSITIONAL) REGULATIONS, 1953.

The Minister for Social Welfare in exercise of the powers conferred on him by the Social Welfare Act, 1952 (No. 11 of 1952), and in particular by sections 3, 66 and 69 of the said Act, and with the sanction of the Minister for Finance, hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Social Welfare (Treatment Benefit) (Transitional) Regulations, 1953.

2 Commencement.

2. These Regulations shall come into operation on the 5th day of January, 1953.

3 Interpretation.

3. In these Regulations unless the context otherwise requires :—

" the Act " means the Social Welfare Act, 1952 ;

" the appointed day " means the 5th day of January, 1953 ;

" existing contributor " has in relation to each Part of these Regulations the meaning assigned to it in each such Part ;

" the Minister " means the Minister for Social Welfare ;

" the National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1952, and

" the Principal Regulations " means the Social Welfare (Treatment Benefit) Regulations, 1953 ( S.I. No. 23 of 1953 ).

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4. The Act shall have effect in relation to existing contributors subject to the modifications contained in these Regulations.

PART I.

5 Existing Contributors.

5. In this Part of these Regulations, the expression " existing contributor " means a person whose insurance as an employed contributor under the National Health Insurance Acts was effective immediately before the appointed day.

6 Reckoning of contributions paid under National Health:

6. (1) In determining for the purposes of paragraph (a) of sub-article (2) of article 6 of the Principal Regulations, whether one hundred and fifty-six employment contributions have been paid inrespect of an existing contributor every two contributions paid by or in respect of such contributor since last entry into insurance under the National Health Insurance Acts shall be treated as three employment contributions paid under the Act and any odd contribution under the said Acts shall be treated as two employment contributions paid under the Act.

Insurance Acts for the purpose of paragraph (a) of sub-article (2) of article 6 of the Principal Regulations.

(2) A conversion of contributions under this article shall not be made until a period of three years has elapsed from the date of the existing contributor's last entry into insurance under the National Health Insurance Acts.

7 Reckoning of contributions treated as paid or excused under the National Health Insurance Acts.

7. (1) In determining for the purposes of paragraph (b) of sub-article (2) of article 6 of the Principal Regulations, whether twenty-six employment contributions have been paid in respect of or credited to a claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day on which the benefit is claimed, a contribution treated as paid or excused under the National Health Insurance Acts by virtue of article 2 of the National Health Insurance (Arrears) (Amendment) (No. 2) Regulations, 1952, ( S.I. No. 241 of 1952 ) shall be treated as an employment contribution paid or credited under the Act.

(2) Where the number of contributions treated as paid or excused under the National Health Insurance Acts by virtue of article 2 of the National Health Insurance (Arrears) (Amendment) (No. 2) Regulations, 1952, for the contribution year ended on the 6th day of July, 1952, is less than twenty-six and the existing contributor has under the National Health Insurance (Arrears) Regulations, 1946 ( S. R. & O. No. 223 of 1946 ) paid a sum by way of cancelling arrears, he shall be treated as having twenty-six contributions paid or credited under the Act.

(3) Notwithstanding anything contained in sub-article (1) of this article the maximum number of employment contributions treated as paid or credited shall not exceed twenty-six in respect of the period from the 7th day of July, 1952, to the 4th day of January, 1953.

8 Modification contribution and benefit years for men.

8. In the application to a claim by a male existing contributor for treatment benefit of paragraph (b) of sub-article (2) of article 6 of the Principal Regulations, the contribution year referred to in that paragraph shall be, where the day on which the claim is made occurs during the period commencing on the appointed day and ending on the 6th day of June, 1954, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952.

9 Modification contribution and benefit years for women.

9. In the application to a claim by a female existing contributor for treatment benefit of paragraph (b) of sub-article (2) of article6 of the Principal Regulations, the contribution year referred to in that paragraph shall be—

(a) where the day on which the claim is made occurs during the period commencing on the appointed day and ending on the 6th day of December, 1953, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952 ;

(b) where the day on which the claim is made occurs during the period commencing on the 7th day of December, 1953, and ending on the 5th day of December, 1954, the period from the 7th day of July, 1952, to the 5th day of July, 1953.

PART II.

10 Existing contributors.

10. In this Part of these Regulations, the expression " existing contributor " means a person whose insurance as a voluntary contributor under the National Health Insurance Acts was effective immediately before the appointed day.

11 Reckoning of contributions paid under National Health Insurance Acts for the purpose of paragraph (a) of sub-article (2) of article 6 of the Principal Regulations.

11. (1) In determining for the purposes of paragraph (a) of sub-article (2) of article 6 of the Principal Regulations, whether one hundred and fifty-six employment contributions have been paid in respect of an existing contributor, every two contributions paid by or in respect of such contributor since last entry into insurance under the National Health Insurance Acts shall be treated as three employment contributions paid under the Act and any odd contribution under the said Acts shall be treated as two employment contributions paid under The act.

(2) A conversion of contributions under this article shall not be made until a period of three years has elapsed from the date of the existing contributor's last entry into insurance under the National Health Insurance Acts.

12 Crediting of employment contributions in the period from the 5th day of January, 1953 to the 5th day of July, 1953, in certain cases.

12. An existing contributor shall be credited with an employment contribution under the Act for every contribution week in the period from the 5th day of January, 1953, to the 5th day of July, 1953, if not less than thirteen contributions under the National Health Insurance Acts have been paid or excused in respect of him in the period from the 7th day of July, 1952, to the 4th day of January, 1953.

13 Reckoning of contributions treated as paid or excused under the National Health Insurance Acts.

13. In determining for the purposes of paragraph (b) of sub-article (2) of article 6 of the Principal Regulations whether twenty-six employment contributions have been paid in respect ofor credited to a claimant in respect of the last complete contribution year before the beginning of the benefit year which includes the day on which the benefit is claimed, a contribution paid or excused under the National Health Insurance Acts shall be treated as an employment contribution paid or credited under the Act.

14 Modification of contribution and benefit years.

14. In the application to a claim by an existing contributor for treatment benefit of paragraph (b) of sub-article (2) of article 6 of the Principal Regulations, the contribution year referred to in that paragraph shall be—

(a) where the day on which the claim is made occurs during the period commencing on the appointed day and ending on the 3rd day of January, 1954, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952 ;

(b) where the day on which the claim is made occurs during the period from the 4th day of January, 1954, to the 2nd day of January, 1955, the period from the 7th day of July, 1952 to the 5th day of July, 1953.

15 Treating certain claims by existing contributors as claims by employed contributors.

15. Where a claim for treatment benefit is made by an existing contributor and the day on which the claim is made occurs on or after the 3rd day of January, 1955, such claim shall for the purposes of determining the appropriate contribution years and benefit years applicable to it be treated as if it were a claim by an employed contributor.

16 Cesser of articles 10 to 15 of these Regulations.

16. (1) Articles 10 to 15 of these Regulations shall, subject to the provisions of the succeeding sub-article of this article, cease to have application in relation to a claim where the day on which the claim is made occurs on or after the 5th day of July, 1954.

(2) The date on which the foregoing provisions of this Part of these Regulations shall cease to apply shall be extended by a day in respect of each day on and after the appointed day on which an existing contributor has been entitled to disability benefit or maternity allowance.

(3) In calculating any extension under sub-article (2) of this article, Sunday shall not be reckoned as a day.

17 Existing contributors who become employed contributors on the appointed day.

17. Where an existing contributor becomes insured under the Act on the appointed day as an employed contributor, he shall be deemed to be an existing contributor as defined in Part I of these Regulations for all purposes of that Part of these Regulations and the provisions of this Part of these Regulations shall not apply to him.

PART III.

18 The Additional Benefits Scheme 1952 to 1957.

18. In this Part of these Regulations, " the Scheme " means the Additional Benefits Scheme, 1952 to 1957, made by the Minister in pursuance of section 4 of the National Health Insurance Act, 1942 (No. 5 of 1942) as modified by Part II of the Social Welfare Act, 1950 (No. 14 of 1950).

19 Continuation of arrangements and agreements made under the Scheme.

19. Each arrangement or agreement made and entered into under and for the purposes of the Scheme with a person, body, organisation or institution which is in force immediately before the appointed day shall be deemed to have been made and entered into under and for the purposes of the Principal Regulations and shall be enforceable accordingly until determined as therein provided.

20 Claim for benefit under the Scheme which is current at the appointed day.

20. (1) A claim for benefit under the Scheme which is current on the day before the appointed day and in respect of which an estimate for the provision of any treatment, service or appliance provided as benefit under the Scheme has not been approved, shall be deemed to be a claim made on the appointed day for the corresponding benefit under the Principal Regulations, and, subject to the provisions of sub-article (2) of this article, the provisions of the Principal Regulations shall apply to the claim as if it had been made on the appointed day.

(2) Sub-article (1) of this article shall not operate so as to deprive a person in respect of whom a claim for benefit under the Scheme has been allowed of any treatment, service or appliance provided as benefit under the Scheme to which he would have been entitled under the Scheme in respect of that claim.

21 Claim for benefit made on or after the appointed day in respect of treatment, service or appliance obtained before the appointed day.

21. Notwithstanding the termination of the Scheme on the appointed day, a claim for benefit made on or after the appointed day in respect of any treatment, service or appliance provided as benefit under the Scheme which was obtained in whole or in part before the appointed day shall be deemed to be a claim for benefit made under the Scheme on the day on which such treatment or service commenced or appliance was obtained and provided it is decided to admit such claim in accordance with the provisions of the Scheme the provisions of the immediately preceding article shall apply to it.

GIVEN under the Official Seal of the Minister for Social Welfare this 5th day of January, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.