S.I. No. 253/1938 - Widows' and Orphans' Pensions (Voluntary Contributors) Regulations, 1938.


STATUTORY RULES AND ORDERS. 1938. No. 253.

WIDOWS' AND ORPHANS' PENSIONS (VOLUNTARY CONTRIBUTORS) REGULATIONS, 1938.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by paragraph (i) of sub-section (1) of Section 65, by sub-section (1) of Section 70, by sub-section (1) and sub-section (2) of Section 71 and by Section 72 of the Widows' and Orphans' Pensions Act, 1935 , as amended by the Widows' and Orphans' Pensions Act, 1937 , does by this, his Order make the following Regulations.

1. These Regulations may be cited as the Widows' and Orphans' Pensions (Voluntary Contributors) Regulations, 1938.

2. The Interpretation Act, 1937 , shall apply to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereinafter respectively assigned to them :—

" the Act of 1935& " means the Widows' and Orphans' Pensions Act, 1935 ;

" the Act of 1937 " means the Widows' and Orphans' Pensions Act, 1937 ;

" the Acts " means the Widows' and Orphans' Pensions Acts, 1935 to 1937;

" the Minister " means the Minister for Local Government and Public Health;

" Contribution Year " means any period commencing in June or July, as the case may be, and comprising two consecutive half-years;

" Contribution Week " means the period of seven days beginning on any Monday;

" National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1936, as amended by the Acts or any subsequent enactment.

4. The notice of election to become an insured person under the Acts to be given to the Minister under sub-section (1) of Section 70 of the Act of 1935 as amended by the Act of 1937 by any person, who was at the date of the passing of the Act of 1935 insured under the National Health Insurance Acts as a voluntary contributor, shall be in writing in the form set out in Part I of the Schedule to these Regulations or in such form substantially to the same effect as the Minister may approve.

5. The conditions subject to which, under sub-section (1) of Section 71 of the Act of 1935 a person who has been employed in an excepted employment to which the Acts apply (not being a married woman) and who ceases after the date of the passing of the Act of 1935 to be so employed, may become a voluntary contributor, shall be:—

(1) That since the date of his last entry into insurance for the purposes of the Acts he has for a period of not less than 104 weeks been employed in such excepted employment or has been an insured person within the meaning of the National Health Insurance Acts, and that not less than 104 contributions under the Acts, have been paid or would if the Acts had then been in force have been payable in respect of the employment:

Provided that

any period since the date of his last entry into insurance for the purposes of the Acts and prior to the passing of the Act of 1935 during which the person was insured as a voluntary contributor under the National Health Insurance Acts and in respect of which contributions were paid, shall be treated as a period of employment for which contributions were paid:

(2) That within the period during which he remains an insured person for the purposes of the Acts or such longer period as the Minister having regard to the circumstances of the particular case may approve, he gives written notice to the Minister of his intention to become a voluntary contributor in the form set out in Part II of the Schedule to these Regulations or in such form substantially to the same effect is the Minister may approve.

(3) That he elects to become a voluntary contributor as from the beginning of the contribution week next following the contribution week in which he ceases to be employed in an excepted employment to which the Acts apply.

(4) That if he ceases to be employed in an excepted employment to which the Acts apply owing to incapacity for work by reason of some specific disease or bodily or mental disablement he proves to the satisfaction of the Minister that he has ceased to be so incapacitated.

6. (1) The time within which, under sub-section (2) of Section 71 of the Act of 1935 an uninsured man, having married an insured woman by or in respect of whom one hundred and four contributions have been paid under the Acts, may give notice to the Minister or to Cumann ?rachais Náisiúnta ar Shláinte that he desires to become a voluntary contributor, shall be the period of twelve months after the date of his marriage to the woman aforesaid.

(2) The notice referred to in the immediately preceding paragraph shall be in the form set out in Part III of the Schedule to these Regulations or in such form substantially to the same effect as the Minister may approve.

7. (1) In calculating for the purpose of Section 72 of the Act of 1935 as amended by the Act of 1937 the number of contributions paid for any contribution year by a person insured as a voluntary contributor, a contribution shall be deemed to have been paid in respect of every week or part of a week in respect of which a contribution is treated as having been paid for the purpose of calculating arrears under the National Health Insurance (Arrears) Regulations, 1921, as amended by any subsequent Regulations.

(2) For the purpose of the said Section 72 the period after the expiration of a contribution year within which such further contributions may be paid as will bring the total number up to 39 or an average of 45, as the case may be, and from the expiration of which the voluntary contributor will cease to be entitled to pay contributions as a voluntary contributor shall be the period up to and including the 30th day of November next after the end of that contribution year, or such longer period as the Minister, having regard to the circumstances of the particular case, may allow.

8. (1) The Widows' and Orphans' Pensions (Voluntary Contributors) Regulations, 1936, shall be deemed always to have had effect as if (a) for paragraph (ii) of Article 5 there bad been substituted paragraph (2) of Article 5 of these Regulations, and (b) for sub-article (2) of Article 7 there had been substituted sub-article (2) of Article 7 of these Regulations.

(2) On the coming into operation of these Regulations the Widows' and Orphans' Pensions (Voluntary Contributors) Regulations 1936 (No. 341 of 1936), shall cease to have effect.

SCHEDULE.

PART I.

WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1937.

NOTICE BY A PERSON WHO, ON THE 2nd AUGUST, 1935, WAS INSURED UNDER THE NATIONAL HEALTH INSURANCE ACTS AS A VOLUNTARY CONTRIBUTOR, OF DESIRE TO BECOME AN INSURED PERSON UNDER THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1937.

I hereby give notice that I elect to become an insured person under the Widows' and Orphans' Pensions Acts, 1935 to 1937.

Name in full............................................................ ............................................................ ......................

Postal Address in full............................................................ ............................................................ .....

............................................................ ............................................................ ...........................................

Membership Number in Cumann an ?rachais Náisiúnta ar Shláinte.............................................

Agency Number...............................................

Signature............................................................ .................

Date............................................................ ..........................

PART II.

WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1937.

NOTICE BY A PERSON (NOT BEING A MARRIED WOMAN) WHO HAS CEASED AFTER 2nd AUGUST, 1935, TO BE EMPLOYED IN AN EXCEPTED EMPLOYMENT, OF DESIRE TO BECOME A VOLUNTARY CONTRIBUTOR.

I (name in full)......................................., of (postal address in full)............................................................ ........., in the Dispensary

District of.................................................., hereby give notice that I desire to become a voluntary contributor under the National Health Insurance Acts, and to be admitted as a member of Cumann an Arachais Náisiúnta ar Shláinte, and I state that the particulars required for this purpose are as shown in my answers to the following questions:—

Question.

Answer.

(1) (a) When were you born?

(1) (a).....day.....month........year.

(b) Where?

(b)

(2) Who were your employers? (Give name and address.)

(2)

(3) What was the nature of your employment?

(3)

(4) What was the period of your employment?

(4) From.................... to .........................

(5) What was the place of your employment?

(5)

(6) If employed by the Government of Éire, state in what Department?

(6)

(7) What was the reason for cessation of excepted employment?

(7)

(8) Were you at any time insured under the National Health Insurance Acts?

(8)

(9) If so, when? (Give dates as accurately as possible.)

(9) From.................... to .........................

(10) If you were a member of Cumann an ?rachais Náisiúnta ar Shláinte or of an Approved Society, state:

(10)

(a) Name and Address of Head Office of the Society.

(a)

(b) Name and No. of Branch (if any).

(b)

(c) Your Membership No.

(c)

I declare that all my answers to the foregoing questions are true to the best of my knowledge and belief.

Signature............................................................ ...................................

Date............................................................ ...................................

PART III.

WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1937.

NOTICE BY AN UNINSURED MAN OF DESIRE TO BECOME A VOLUNTARY CONTRIBUTOR BY VIRTUE OF HIS WIFE'S INSURANCE.

I (name in full)................................................, of (postal address in full)..........................................................., in the Dispensary District of..................................................., hereby give notice that I desire to become a voluntary contributor under the National Health Insurance Acts, and to be admitted as a member of Cumann an ?rachais Náisiúnta ar Shláinte, and I state that the particulars required for this purpose are as shown in my answers to the following questions:—

Question.

Answer.

(1) (a) When were you born?

(1) (a).....day.....month..... year.

(b) Where?

(b)

(2) Have you at any time made another application to become a voluntary contributor for the purposes of the above Acts? If so—

(2)

(a) When did you apply?

(a)

(b) To whom did you apply?

(b)

(3) What was the date of your marriage?

(3)

(4) Were you at the time of your marriage an insured person under

(4)

(a) the National Health Insurance Acts;

(a)

(b) the Widows' and Orphans' Pensions Acts, 1935 to 1937?

(b)

(5) (a) What was your wife's surname before marriage; and

(5) (a)

(b) What are her full Christian names?

(b)

(6) Was she at the date of your marriage an insured person under

(6)

Question.

Answer.

(a) the National Health Insurance Acts;

(a)

(b) the Widows' and Orphans' Pensions Acts, 1935 to 1937?

(b)

(7) If, at the date of your marriage, she was an insured person under the National Health Insurance Acts, please state her membership number in Cumann an ?rachais Náisiúnta ar Shláinte.

(7)

(8) If at the date of your marriage she was an insured person under the Widows' and Orphans' Pensions Acts, 1935 to 1937 (but not under the National Health Insurance Act), by reason of having been engaged in excepted employment, please state—

(8)

(a) the name of her employers;

(a)

(b) the capacity in which she was employed.

(b)

I declare that all my answers to the foregoing questions are true to the best of my knowledge and belief.

Signature............................................................ .....................................

Date............................................................ .........................................

Given under the Official Seal of the Minister for Local Government and Public Health, this 15th day of November, one thousand, nine hundred and thirty-eight.

SE?N T. Ó'CEALLAIGH.

Minister for Local Government and Public Health.