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

  • Great Britain.
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.

    22/252 (page 12)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) point of law to the High Court ; section 37 (1), fost. See generally Part III of this Introduction, post. A child and his employer are exempt from payment of contributions while the child is under the upper limit of the compulsory school age ; section 79 (1), post. In addition to the money so arising, there is to be paid into the Industrial Injuries Fund out of moneys provided by Parliament, and at such times and in such manner as the Treasury may prescribe, sums estimated to be equal to one fifth of the aggregate amount of contributions paid as above ; see section 2 (6), post, and Part V of this Introduction, post. Payment of contributions.—Except where Regulations otherwise provide, the employer is liable in the first instance to pay both his own and the insured person’s contribution (section 3 (1), post). The intention is that insurance cards shall be issued similar to those in use in connection with health and unemployment insurance and that stamps shall be affixed thereon each week by the employer ; regulations dealing with this will be made, and these may provide for alternative methods of payment; see sections 65 and 66, post. In the Explanatory Memorandum on the Bill (June, 1945, Cmd. 6651) it is stated that when the industrial injuries scheme and the general scheme for health, unemployment, etc., insurance come into operation, contributions under both schemes generally will be collected by one stamp on one card. Under section 8 (2) and Part IV of Schedule II the Minister may also make arrangements with any body of persons liable to make employers’ contributions whereby all the duties to be performed in connection with the payment of contributions will be undertaken on behalf of that body by an employment exchange. Except as noted below, a weekly contribution is payable for each period of seven days commencing from midnight between Sunday and Monday (which weekly period is called a ‘‘ contribution week”; section 88 (1), post) during the whole or any part of which an insured person is employed, but where one weekly contribution has been paid in respect of an insured person for any week no further contribution is payable in respect of him for the same week; section 8 (2), post. If, however, (i) no services are rendered by the insured person during any week and no remuneration is paid wholly or partly in respect of any day other than one on which he either is incapable of work by reason of some specific disease or mental or bodily disablement and would otherwise have been working, or does not work in a normal week, no contribution is payable in respect of the insured person for that week ; section 8 (2), post. The first of these cases would cover . holidays without pay, or cases where, due, e.g., to shortage of work, services were rendered in alternate weeks only. The second covers cases where the: insured person is absent because of accident or ill health. In this second case it is immaterial whether remuneration is paid or not: the exemption still applies. In the first case there is no exemption if any remuneration is paid, and the Minister may make regulations for determining whether any payments received, or to which the insured person is entitled, shall be deemed to be attributable to any day oun any period when no services are rendered : section 8 (8), post. Who are deemed to be employers.—In cases where a person works under a contract of service or apprenticeship, and this covers the great majority of insured persons, there can be no doubt who the employer is, at least in most cases, for the employer is the person with whom the insured _ person has made his contract. Where a person is employed successively by more than one person during the same contribution week, e.g., charwomen and cleaners, the person who first employs him in that week is to be deemed ‘the employer for the purpose of the provisions of the Act relating to contributions, unless, under regulations made as described below, some different provision is made; section 80 (2), post.