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.

    74/252 (page 64)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) decisions on the similar words ‘‘ where death results from the injury ’”’ in section 8 (1) of the Workmen’s Compensation Act, 1925, see Willis 237-246, 273-274. The two phrases are similar enough in wording and context to justify reference to these decisions on the meaning of “ result ”’ ‘“ Relevant injury ’’ means, in relation to any benefit, the injury in respect of whith that benefit is claimed or payable (section 88 (1), post). (e) Incapable of work.—These are the same words as those used in the National Insurance Act, 1946, and are defined in section 78 (1) as “‘incapable of work by reason of some specific disease or bodily or mental] disablement or deemed, in accordance with regulations, to be so incapable ’’. They were also used in the proviso to section 24 (1) - of the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1083; and are not to be taken too literally. They cover temporary illness. They must also, in this section, as in section 3 (2), ante, be read with reference to the work which the insured person normally does under his contract of service. In section 12, post, they may perhaps bear the wider meaning—incapable of any work. The distinction between total and partial incapacity made by section 9 of the Workmen’s Compensation Act, 1925; Willis 260 ; does not apply here, and the decisions thereon ; Willis 264; are irrelevant. The phrase “incapable of work ”’ also appeared in section 32 (1), of the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1086; and in section 22 (3) of the Unemployment Insurance Act, 1935; 28 Halsbury’s Statutes 515. Com- pare the phrase “incapable of self-support’”’, used in section 35 (5); post. | Under section 13, post, a person may be treated as incapable of work for the purposes of un- employability supplement if he is unlikely to earn more than £52 in a year by reason of his loss of faculty. As to “ accident ’’, see notes to section 1, ante, and Willis 8 e¢ seq. (f) Injury benefit period.—See subsection (4). | (g) Three day waiting period.—See General note, supra. ‘‘ Subject to the provisions of this Act ’’ presumably refers partly to subsection (4). The twelve days need not be consecutive, so long as they are within the “‘said period ’’, that is the ‘injury benefit period’’. See note (r), infra. Cf. the proviso to section 11 (2) of the National Insurance Act, 1946. (h) Allowance.—This word is deliberately chosen, denoting here, as in other sections, a payment of a temporary or additional nature as distinct from a permanent pension, granted if there is permanent disability, though both payments are as of right and in no sense ex gratia, a meaning which the word “ allowance ’’ often bears. There- fore the decisions on the word “ allowance ’”’ in section 9 (1), proviso (b) of the Work- men’s Compensation Act, 1925; Willis 260, 290 et seq.; do not help in interpreting the word as used here. The Beveridge Report (Cmd. 6404) (paragraph 320) defines “‘ allow- ance ’’, 4s used in the Report, as a weekly payment in fespect of a dependant. Cf. the National Insurance Act, 1946, passim. (c) The weekly rate of forty-five shillings.—The rate was originally fixed at 35s. a week for the first 13 weeks and 40s. thereafter, continuing during incapacity unless replaced by a pension (see the White Paper, Part II, dated September, 1944 (Cmd. 6551)). In the Bill as presented to Parliament the rate was raised to 40s. a week, replaceable by a pension after 26 weeks of incapacity. On the Second Reading of the Bill in October, 1945, the Minister announced the decision to raise the rate to 45s. (see the Explanatory Memorandum to the original Bill, dated June, 1945 (Cmd. 6651)). This is, of course, the basic rate, in addition to which there are the other benefits given by the Act. The necessary amendment was therefore made in Committee. : (k) Beneficiary.—This means, in relation to any benefit, the person entitled to that benefit (section 88 (1), post). The word is used throughout the Act in distinction from “‘ claimant ’’, which means a person claiming benefit (cbzd.). (2) Under the age of eighteen.—A person shall be deemed to be under any age mentioned if he has not attained that age. See section 88 (5) (a), post. A person shall be deemed, according to the law both in England and Scotland, not to have attained the age of eighteen years until the commencement of the eighteenth anniversary of the day of his birth. See section 88 (5) (c), post. See ibid., for the effect of age on con- tributions. As to the ascertainment or proof of age for the purposes of this Act, see section 63, post. (m) Following provisions.—See sections 19-24, inclusive, post. (n) Child.—See note (c) to section 17, post. (0) Adult dependant.—See section 18, post. (Pp) Thirty-three shillings and ninepence.—When te Bill was drafted this rate was 20s., half the full rate of 40s. With the increase of the full rate to 45s, the rate under this proviso was raiséd to 22s. 6d. by amendment in Committee, to make it still half the full rate. The Minister, however, indicated in Committee that he was satisfied that there would be hardship in the seventeen—eighteen year old age group if the rate remained at 22s. 6d., for many boys and girls of that age were earning adult wages. He therefore proposed to create a special age group, with benefits provided at three-quarters of the adult rate, a figure in this case of 33s. 9d. This has been done by this paragraph,