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.

    90/252 (page 80)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) (e) Unemployability supplement.—As to this, see section 13, ante. (f) Approved hospital treatment.—By section 34 (2), post, this is to be con- strued, in relation to any benefit payable to a person, as referring to his receiving, as an in-patient in a hospital or similar institution, with the approval of the Minister, medical treatment for the relevant injury or loss of faculty. ‘‘ Relevant injury’ means, in relation to any benefit, the injury in respect of which that benefit is claimed or payable. ‘‘ Relevant loss of faculty ’’ means the loss of faculty resulting from the relevant injury (section 88 (1), post). As to loss of faculty, see sections 7. and 12, ante. (g) Weekly increase of 7s. 6d.—In the. White Paper on Social Insurance of September, 1944, Part II (Cmd. 6551), the proposed rate was 5s. where the injury allow- ance was 35s., and 7s. 6d. where the injury allowance was 40s., or where a 100 per cent. ‘disablement pension was awarded, with proportionate rates for lower rates of pension. It was later decided to improve the provision in cases where the beneficiary was for the time being either unfit for work or unable to get it. . Accordingly the rate was raised to 7s. 6d. in the Bill as presented to Parliament. See also section 18, post: It was decided in Scotland in relation to section 1 (1) (a) of the Widows’, Orphans’ and Old Age Contributory Pensions Act, 1936; 29 Halsbury’s Statutes 1200; that the additional allowance for children given by that section (5s. per week for the first and 3s. per week for each other child) is payable only as part of the widow’s pension, and that if no such pension is payable, no additional allowance is payable; Jardine v. Dept. of Health for Scotlaud, [1939] S.C. 559. It is clear that the same principle applies to all addtional allowances payable under the present Act. (1) Woman for the time being residing onitts him.—The expression “‘ residing with ”’ also occurs in section 24, post, in relation to a female person having the care of the children. Compare the expression “‘ unmarried dependant living as a wife ’’ used in Article 1 (20) of the Royal Warrant (Cmd. 6799). If any illegitimate child is legiti- mated by the subsequent marriage of its parents, as to which see Legitimacy Act, 1926; 2 Halsbury’s Statutes 25; this section does not apply. As to “ residing ’’, see note (c) to section 19, post. See also section 88 (4) (b), post, as to temporary absence. (:) Born not less than 6 months before the date of the relevant accident.— This only applies if the beneficiary is not the father of the child. As to ascertainment and proof of date of birth, see section- 63, post. ‘‘ Months ’’ means calendar months (Interpretation Act, 1889, section 3; 18 Halsbury’s Statutes 993). ‘‘ Relevant accident ’’, in relation to any benefit, means the accident in respect of which that benefit is claimed or payable (section 88 (1), post). (k) Wholly or mainly maintained.—Regulations‘may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Act to be wholly or mainly maintaining another person. See section 33 (1), post. These regulations have not been made at the time of going te press. The expression ‘‘ wholly or mainly maintaining ”’ was used in sections 37 and 38 of the Unemployment Insurance Act, 1935; 28 Halsbury’ s Statutes 522, 523; and was defined in section 39 ; ibid. 524. It was there used in relation to dependent children, wives, husbands, parents or step-parents, and female persons having the care of the dependent children. It is now used in sections 23 and 24 of the National Insurance Act, 1946; and section 34 of that Act is in similar terms to section 35 (1) of this Act, post. In the Workmen’s Compensation Act, 1925, section 4; Willis 186; the phrase used was “‘ wholly or in part dependent upon the earnings of the workman ’’, and in section 4 (2) “‘ partly dependent ’’ was defined as meaning “‘ dependent partially on contributions from [the workman] for the provision of the ordinary necessaries of life suitable for persons in his class and position ’’. It is in this sense that the words in the present Act will probably be interpreted, whether the necessaries* of life are “wholly ’”’ or ““mainly ’’ provided by the beneficiary. The authorities collected in Willis 197-200 will therefore probably be relevant, save that in the present Act there is no mention of “‘ earnings.’’ A beneficiary may maintain a person out of private means or by his own physical work, e.g., by growing food in his garden, and will be within the section unless the regulations to be made provide otherwise. Compare the expression ‘‘ providing for ’’ a child as used in section 21 of the Family Allowances Act, 1945, and defined in section 22 ; 32 Statutes Supp. 86. 18. Increase of injury benefit and disablement pension in respect of adult dependants.—(1) The weekly rate of injury benefit (a) shall be increased by sixteen shillings (b) for any period during which— (a) the beneficiary (c) is residing with or is wholly or mainly maintaining his wife (d) ; | ; (b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support (e) ; (c) the beneficiary has residing . with him and is wholly or mainly maintaining any such other relative as may be prescribed, being a ~ w f an =