National Health Insurance and Widows' and Orphans' Pensions Act, 1936

Insurance of certain soldiers of the Permanent Force.

13.—(1) Every person who either—

(a) (i) is serving in the Permanent Force as a soldier on the 6th day of January, 1936, and

(ii) is a person in respect of whom contributions were, on the 5th day of January, 1936, payable under section 20 of the National Health Insurance Act, 1923 (No. 20 of 1923), or

(b) (i) is serving in the Permanent Force as a soldier on the 6th day of January, 1936, and

(ii) either served continuously in the Permanent Force as a soldier during the period of six months ending on the 5th day of January, 1936, or enlisted on or after the 5th day of July, 1935, for a period of not less than six months in army service, and

(iii) is not a person in respect of whom contributions were on the 5th day of January, 1936, payable under the said section 20 ,

shall, during the period, commencing on the 6th day of January, 1936, of his army service, be, for the purposes of this Part of this Act, a person insurable at the Army rate.

(2) Every person who, on or after the 6th day of January, 1936, either—

(a) enlists in the Permanent Force as a soldier for not less than two years in army service, or

(b) re-enters, under sub-section (2) of section 146 of the Defence Forces Act, upon army service for a period of not less than two years,

shall, during the period of his army service be, for the purposes of this Part of this Act, a person insurable at the Army rate.

(3) Every person—

(a) who, on or after the 6th day of January, 1936, either—

(i) enlists in the Permanent Force for a period of less than two years of army service and does not so enlist for the purpose of immediate transfer to the Reserve Force, or

(ii) re-enters, under sub-section (2) of section 146 of the Defence Forces Act, upon army service for a period of less than two years, and

(b) was at the time of such enlistment or re-entry an insured person within the meaning of the National Health Insurance Acts,

shall be deemed, during the period, commencing on the date of his enlistment or re-entry, of his army service, to be employed within the meaning of the said Acts and to be in the sole employment of the Minister for Defence.

(4) This section shall not apply to any person who, having enlisted before the 6th day of January, 1936, has not attained the age of sixteen years on the said date, or who, having enlisted on or after the 6th day of January, 1936, was under the age of sixteen at the date of his enlistment, but shall, on such person attaining that age apply as if he had enlisted at the time when he attained that age.

(5) If any question arises whether a person serving in the Permanent Force is or is not a person insurable at the Army rate or is or is not otherwise insurable by virtue of this section under the National Health Insurance Acts, the question shall be referred to the Minister for Defence whose decision shall be final.