Social Welfare Act, 1952

Termination and repeal of existing insurance codes and continuity of insurance and benefit.

66.—(1) No person shall on or after the appointed day be insured or deemed to be or treated as insured—

(a) under the National Insurance Act, 1911, or

(b) under the Unemployment Insurance Act, 1920, or any scheme under that Act, or

(c) under the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935),

and accordingly, subject to the following provisions of this Act, the enactments set out in the Fifth Schedule to this Act as from that day are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) Subject as aforesaid, the foregoing provisions of this Act shall, in relation to—

(a) persons (hereinafter in this Act referred to as existing contributors) who within the prescribed time before the appointed day are so insured or deemed to be or treated as so insured, and

(b) persons (hereinafter so referred to as existing beneficiaries)—

(i) to or in respect of whom immediately before that day any benefit, pension or allowance is, or would but for any disqualification be, payable under or by virtue of the enactments repealed by this Act, or

(ii) who then have, otherwise than as existing contributors or in respect of the insurance of existing contributors, any prospective right to or expectation of any benefit, pension or allowance under or by virtue of those enactments,

have effect with such modifications, additions and exceptions as may be prescribed for securing the continuity of this Act with those enactments or otherwise for the preservation of rights conferred under or by virtue of those enactments.

(3) Regulations under subsection (2) of this section shall, in particular, provide—

(a) as respects existing contributors, for modifying the conditions for receipt of benefit under this Act, whether by an existing contributor or in respect of his insurance by another, so as to take into account, for such purposes (including the purposes of all or some only of the benefits under this Act) and in such manner and subject to such conditions as may be prescribed, contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder,

(b) as respects existing beneficiaries, either—

(i) for substituting for any right to benefit, pension or allowance payable under or by virtue of the said enactments a right to such benefit under this Act as may be prescribed as corresponding thereto, or

(ii) for preserving any such right and giving effect thereto (whether under this Act or by continuing in whole or in part the operation of the said enactments in relation thereto),

but in any case subject to such (if any) modifications, exceptions and additions as appear to the Minister to be appropriate.