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

United Kingdom

Date:: 1946

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

121/252 (page 111)

$ACT, 1946. SECTION 33 referred in draft to the Industrial Injuries Advisory Council under section 61 (2), post. No regulations have been made under section 25 at the time of going to press. (0) Failure to give notice of accident in case of claim for death benefit.— As to death benefit, see sections 19-24, ante. In this connection “‘ some other person ”’ will presumably be defined by any regulations which are made. They will be made under section 25 (1), ante, and will also prescribe what notice of accidents has to be given. “The relevant accident’ means, in relation to any benefit, the accident in respect of which that benefit is claimed or payable (section 88 (1), post). Note that the penalty for failure to give notice of accident only applies to claims for death benefit. (p) Wilful obstruction or other misconduct.—The word “ wilful’’ was added by amendment in Committee. The words “ serious and wilful misconduct ’”’ appear in section 1 (1), proviso (b), of the Workmen’s Compensation Act, 1925; Willis 6; but in connection with the injury. An amendment adding the word “ wilful’ before “misconduct ’’ was not accepted. It is difficult to think of ‘‘ misconduct ”’ which is ~ not “ wilful’’, i.e., intentional, knowing it to be misconduct. ‘‘ Obstruction ’’, on the other hand, might not be “‘ wilful ’’, in the sense of “‘ deliberate, not merely a thoughtiess act on the spur of the moment”’ (Johnson v. Marshall, [1906] A.C. 409: per Lord LOREBURN, L.C., at p. 411; 34 Digest 338, 2738). The word “‘ obstructs ’’ is used in connection with examination by a medical referee in sections 18 and 19 (5) of the Workmen’s Compensation Act, 1925; Willis 463, 464. See the authorities cited on pp. 467 and 481. The word “ unreasonably ” has been read into those sections by the courts and “ wilful’ in the present section will probably be similarly construed. The phrase “‘ wilfully obstructs ’’ occurs in section 62 (4) (a), post, in connection with inspectors. Many authorities are set out in Willis 153-158, dealing with “ serious and wilful misconduct ” producing an accident but they assume that the meaning of the actual word “‘ misconduct ”’ is clear and that it means conduct which breaks whatever rules of conduct are applicable in the circumstances. ‘‘ Improper conduct”’ is the definition of ““misconduct ’’ given in the Shorter Oxford English Dictionary (2nd. Edn., 1936). It does not of course bear in this section its other meaning of ‘‘ bad management ”’ or ‘mismanagement ’’, (g) Regulations as to examination or treatment or attending courses.— These will be made under section 25 (2), ante. No regulations have been made at the time of going to press. (vy) Proceedings under this Act.—See Part III, post. (s) Failure to comply with section 25 (4).—This subsection, ante, requires claimants and beneficiaries not to behave in any manner calculated to retard their recovery. ({) Failure to comply with regulations as to medical examination or treat- ment.—As to these, see section 25 (2) (a) and (b), ante. (vw) Obstruction or misconduct in connection with medical examination or treatment.—As to this, see subsection (2) (b) of this section and note (p), supra. (v) Suspension not exceeding six weeks on any forfeiture.—This means that if a claimant or beneficiary again misbehaves after a six weeks’ forfeiture he is only liable to a further six weeks’ forfeiture, and so on, six weeks ata time. ‘‘ Forfeiture ”’ is chosen as a neutral word, covering both disqualification and suspension. (w) The Minister.—This means the Minister of National Insurance (section 88 (1), ost). E ae Award.—This is made by an insurance officer (subject to appeal) under section 45 (3), post. (vy) Revised in accordance with Part IiI.—Section 50, post, provides for the review of decisions of the insurance officer, local appeal tribunal or Commissioner. (z) Suspension of benefit until question determined.—The determination of questions is provided for by section 36, post. 33. Disqualifications, etc., to be disregarded for certain pur- poses.—KRegulations (a) may provide that a person who would be entitled to any benefit (D) but for the operation of any of the four last foregoing sections of this Act (c) shall be treated as if he were entitled thereto for the purpose of any rights or obligations under this Act (whether of himself or any other person) which depend on his being so entitled, other than the right to payment of that benefit (d). _ NOTES General effect of section.—This section gives the power to make regulations allowing disqualifying circumstances to be disregarded. Cases must obviously arise under the four previous sections when their strict application could cause hardship, and it is for such cases that these regulations will provide. The regulations will probably need amendment and addition from time to time as anomalies and hardships reveal them- selves.. It should be noted that the actual right to benefit is not to be within the scope$