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.

    162/252 (page 152)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) The number of coal miners certified to be totally disabled; or suspended, on account of pneumoconiosis in 1945 was 5,700, of whom 5,074 were in South Wales. These figures were inflated by the large number of examinations which had to stand over from 1944 owing to the shortage of suitably qualified doctors. The corresponding figures for 1944 were 2,048 and 1,605 (419 H. of C. Official Report, Written Answers, 308). (a) Pneumoconiosis.—This is defined by subsection (3). (6) 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. Section 87 provides that they are to be laid before Parliament for forty days, during which either House may annulthem. Before being laid before Parliament they are to be referred to the Industrial Injuries Advisory Council under section 61 (2), post. No regulations have been made under this section at the time of going to press. They will presumably be grouped together with those made under sections 55 and 56, ante. (c) Tuberculosis.—This has been defined under the earlier Schemes as meaning tuberculosissof the lungs. See, for example, the Pneumoconiosis (Benefit) Scheme, 1943, paragraph 3 (S.R. & O. 1943 No. 886) ; Willis 1071. (2) For the purposes of this Part of this Act.—This means for the purposes of sections 55 and 56, ante, as well as of this section. (e) Medically examined.—tThis, by section 88 (1), post, includes bacteriological and radiographical tests and similar investigations. An assurance was given in Com- mittee that the certification as a result of this examination would be treated as the . date of the accident and that if at any time (even twenty years) thereafter disability supervened, benefit would be payable under the Act. (f) Prescribed period.—This means prescribed by regulations (section 88 (1), post). (g) Employed in any occupation.—As to the difference between employment and occupation, see note (f) to section 55, ante. As to the meaning of “ employed ”’ in a scheduled process under the Various Injuries (Silicosis) Scheme, 1931; S.R. & O. 1931 No. 342; Willis 1011; mentioned in the General note, supra, see Reece v. Ministry of Supply and Ministry of Works and Planning, [1945] 1 All E.R. 239, C.A. (4) Suspending from employment.—tThis is only to be done by the Medical Board (see section 56, ante) and not on a certificate of the insured person’s own doctor. Suspension was similarly provided for by the earlier Schemes. In most of these cases the contract of service will be a weekly one, but the effect of the suspension should be dealt with by any regulations made. ' If it is not, the suspension will put an end to the contract under the ordinary rules relating to ‘‘ frustration ’’, unless it is otherwise expressly or impliedly agreed. See also note (2), wfra. See also the Law Reform (Frustrated Contracts) Act, 1943; 36 Halsbury’s Statutes 50. (‘) Sufferers from, risk of and susceptibility to pneumoconiosis.—These matters are discussed, with particular reference to the mining industry in South Wales, | in a Report presented by the President of the Board of Trade to Parliament in ; December, 1945, on the provision of employment for persons suspended from employ- ment because of silicosis and pneumoconiosis (Cmd. 6719). It appears that pneumo- coniosis is the early stage along the road to silicosis and that the greatest importance must be attached to the early removal of pneumoconiosis suspects from the mines in the initial stages of the disease, medical evidence being unanimous that, provided 3 this is done, the progress of the disease is arrested. 4 As to cases where the disease develops later, see note (hk), infra. (k) Special benefit for period not exceeding six months.—“ Special benefit ” means benefit under this paragraph. The period of six months is fixed with the idea of giving a person who has been suspended from employment under this section, and they will mostly be miners, a period during which they can seek and train for other j employment and live on their special benefit, in addition to their unemployment benefit. The period was originally three months and was criticised in Committee. It was pointed out on behalf of the Government that in any case this period could not be longer than six months, that being the maximum length of the injury benefit period under section 11 (4), ante. It was agreed that some time limit was necessary and the period was amended on the Report Stage to six months (see General note, supra), but it was pointed out in Committee that active steps were being taken to provide other employment for men in areas where there were a number of sufferers from these diseases. As to these steps, see Cmd. 6719, referred to in note (2), swpva, where it is pointed out how much work, excluding only a few occupations, these men can do and how beneficial such work is to their physical and mental condition, quite apart from the saving in compensation and the financial benefit to the men themselves. Government-owned factories are recommended in the affected areas, let to industrial tenants with an obligation to employ a percentage of ‘“‘ disabled persons ”’ as defined by section 1 of the Disabled Persons (Employment) Act, 1944; 25 Statutes Supp. 55; 37 Halsbury’s - Statutes 348.