The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter.

  • United Kingdom
Date:
1946
Catalogue details

Licence: Public Domain Mark

Credit: The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter. Source: Wellcome Collection.

    106/252 (page 96)
    > NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) to the effect that failure to give notice of accident or to make a claim in the prescribed manner or time should not be a bar to a claim if it was occasioned by mistake, absence from the United Kingdom, or other reasonable cause. This amendment was with- drawn when it was pointed out that section 32 (2), post, the section which provides for forfeiture of injury benefit as a penalty for failing to comply with the requirements of the present section, only applies if the failure is “ without reasonable cause ’’, which clearly covers cases contemplated by the amendment, and further that a claimant can appeal on this point from the insurance officer to the local appeal tribunal (section 46, post), and, with leave, to the Commissioner (section 47, post). The penalties for breach of the regulations will presumably be provided by the regulations themselves. See section 67 (2), post. Subsections (2) and (4) were fully debated on the Report Stage and eventually the concluding words of subsection (4) were deleted by amendment as- imposing an unfair restriction of liberty on insured persons. The words were :— “and in particular to observe— (a) any directions given him by the medical practitioner in attendance ; [originally ‘ in charge of his case’, but amended in Committee] and (b) any prescribed rules of behaviour ”’ (a) Regulations.—This, by section 88 (1), post, means regulations made by the > Minister under this Act, i.e., under the section giving the power and under sections 86 and 87, post. By section 87 they have to be laid before Parliament “‘ as soon as may be after they are made ”’ and either House may annul them within 40 days. They also have to be first referred under section 61 (2), post, to the Industrial Injuries Advisory Council for consideration and advice. Regulations have not been made at the time of going to press. See also General note, supra. (0b) Prescribed notice of any accident.—“ Prescribed ’’ means prescribed by regulations (section 88 (1), post). ‘ Accident in respect of which benefit may be pay- able ’’ means an accident causing personal injury to the insured person and arising out of and in the course of his employment (section 7 (1), ante). “‘ May be payable ’”’ puts ~ the burden on the claimant of deciding what accidents may give him a right to benefit. See note (d) to section 26, post. As to “‘ insured person ’’, see section 1, ante, and section 88 (1), post. Notice of accident was required by sections 14 and 15 of the Workmen’s Com- pensation Act, 1925; Willis 414, 416; and there are many authorities on what con- stituted such notice. But until regulations are made it is impossible to say whether any of these authorities will be relevant. (c) Death results from the accident.—As to the, ascertainment and proof of death, see section 63, post. The expression “‘ results from ’’ means here, of course, “results from the injury caused by the accident ’’. See section 7 (1) (c), ante, and the authorities on the expression ‘‘ where death results from the injury ” in section 8 (1) of the Workmen’s Compensation Act, 1925; Willis 237-246, 273-274. (2) Employer or other prescribed person.—‘‘ Employer ”’ is not defined in the Act, but see sections 1 and 2, ante, and section 80 and the First Schedule, post. As to “insurable employment ”’, see section 1, ante, First Schedule, post, and notes thereto. “Employer ’’ was defined in section 5 of the Workmen’s Compensation Act, 1925 ; Willis 207 ; a narrower definition than that inferentially given by the First Schedule, post. As to “employment ”’ in the National Insurance Act, 1946, see section I (2) of that Act. . (e) Claimants.— Claimant’”’ means a person claiming benefit, and includes - an applicant for a declaration that an accident was or was not an industrial accident (section 49, post) and, in relation to the review of an award or decision (sections 37, 40, and 50, post), a beneficiary under the award or affected by the decision, and “ claim ”’ is to be construed accordingly (section 88 (1), post). (f) Determination of questions.—See section 36, post. (g) Beneficiaries.—‘ Beneficiary ’’, in relation to any benefit, means the person entitled to that benefit (section 88 (1), post). (h) Change of circumstances.—A change of circumstances had to be shown Compensation Act, 1925; Willis 365. Subject to anything in the regulations which are to be made, the authorities on what constitutes a change of circumstances ; Willis 369 et seq.; should prove helpful here. It is of course a question of fact in each case. See also the expression “‘ relevant change of circumstances ’’, which occurs in section 50 (1) (b), post. (‘) Determination of questions.—See section 36, post. “The award” is a general term, covering all decisions under that section that an insured person is entitled to benefit. Cf. an “ award ”’ of compensation under Rule 30 of the Workmen’s Com- pensation Rules, 1926; Willis 817. (k) Resgulations.—See note (a), supra. These pojeiadians have not been made at the time of going to press. (1) Claimants and beneficiaries. See notes (e) and (g), supra.