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.

    78/252 (page 68)
    NO. 35.—NATIONAL INSURANCE GNDUSTREAT INJURIES) section 61, post, for their comment and proposals as to modification before boa laid before Parliament, where they will lie on the table of the House of Commons for 40 days. The Minister of National Insurance and the Minister of Pensions agreed to set up an Inter-Departmental Committee, including doctors with experience in administering war pensions under the Royal Warrant, doctors with experience in the industrial field, and laymen with experience in both fields, to examine the existing Schedule of Assessments and report on it to the two Ministers, particularly as to its applicability to the field of industrial injuries. This was made clear by the Minister of National Insurance on the Second Reading (414 H. of C. Official Report 277) and - later in Committee. The two Ministers in April, 1946, appointed this Committee, under the chairmanship of H.H. Judge Hancock, to examine the assessment of disable- ment with a view to adopting a schedule applicable both to war pensions cases and to cases covered by the Act.. The Committee Joint Secretary’s address is-the Ministry of National Insurance, 6, Carlton House Terrace, London, $.W.1. ; The sum payable as a disablement gratuity under subsection (6) was provided in relation to the basic rate of pension of 40s. and was £100. When the basic rate was raised to 45s., the gratuity was raised to £150. “ Disablement ” is not defined in this Act except that it clearly means “ loss of faculty ’’. ‘‘ Disablement ”’ is defined in the Royal Warrant (Cmd. 6799) as meaning physcial or mental injury or damage, or loss of physical or mental capacity. In the Disabled Persons (Employment) Act, 1944, section 1; 37 Halsbury’s Statutes 348 ; the expression ‘‘ disablement ”’ is given a rather wider meaning, having regard to the purpose of the Act, and decisions on its meaning would not be applicable here. By section 28, post, every assignment of or charge’'on benefit, and every agreement to assign or charge benefit, is void. Benefit does not pass to a trustee in bankruptcy (7b7d.). (a) Insured person.—See note (0b) to section 7, ante. (b) Disablement’ benefit.—See subsections 6 and 7, and notes thereto. (c) As the result of the relevant injury.—This is a medical question, to be determined by a medical board or medical appeal tribunal under section 36 (1), post. For 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 or” result’ ‘ Relevant injury ’’ means, in relation to any benefit, the injury in respect of which that benefit is claimed or payable (section 88 (1), post). (dq) Injury benefit. period.—See section 11, ante. , (ec) Is suffering from loss of physical and mental faculty.—This is also a medical question, to be determined by a medical board or medical appeal tribunal under section 36 (1), post. There is no statutory definition of the word “Sfacnlty ”’. It is defined in the Shorter Oxford Dictionary, 2nd Ed., 1936, as “‘ (i) The power of doing anything. An ability or aptitude, whether natural or acquired, for any special kind of action ; formerly also, ability in general. Occasionally limited to a natural aptitude. (ii) A physical capacity or function. (iii) One of the powers of the mind: e.g. the will, the reason, memory, etc.”. It is intended that disablement as assessed under the Act shall be irrespective of earnings or notional earnings and shall be in proportion to the insured person’s loss of health, strength and power to enjoy life. See the. speech of the Minister on the Second Reading of the Bill (414 H. of C. Official Report 277). Loss of faculty also includes disfigurement. See section 7 (2), ante, and note (p) thereto. ({) Permanent -—This is also a medical question, to be determined under section 6 (1), post. The word “‘ permanent ”’ appears in relation to incapacity in section 13 a: the Workmen’s Compensation Act, 1925; Willis 406. It was pointed out in Calico Printers’ Association v. Higham, [1912] \ K.B. 93; 5. B.W.C.C, OF; “34 Digese 462, 3787 ; that it was the stability of the man’s condition which had to be considered under that section, and not the permanence of the physical injury. But as the section was concerned with redeeming payments by a lump sum where the payment was likely to remain at the same rate during the rest of the man’s life, decisions on it ought not to be applied too closely to the present section. (g) Substantial disablement.—The percentage method is used in the Royal Warrant (Cmd. 6799) (see note (uw), infra), The Schedule of Assessment for this Act will be made under subsection (3). ‘‘ Disablement ’’ in the Act clearly means “ loss of faculty ’’. See subsections (2) and (3). The First Schedule of the Royal Warrant contains no assessment less than 20 per cent. As to disablement less than 20 per cent., see subsection (6). (h) Minor disablement.—The minimum disablement of 1 per cent. for which benefit is to be paid is fixed so as to exclude pensions for minor, though permanent, disability, though it must be remembered that injury benefit will be paid in respect of the injury in such cases under section 11, ante, until the injury benefit period is ended. This emphasises the distinction between the injury and the disablement which it causes.