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8 D O C U M E N T I S T H E P R O P E R T Y O F H I S B R I T A N N I C M A J E S T Y ' 8 G O V E R N M E N T

Printed for the War Cabinet. May 1945.

SECRET. ' Copy N o .

W . P . (45) 305. KUh May, 1945.

W A R C A B I N E T .

N A T I O N A L I N S U R A N C E ( I N D U S T R I A L I N J U R I E S ) B I L L .

M E M O R A N D U M BY THE M I N I S T E R OF NATIONAL I N S U R A N C E .

A T their meeting on the 31st January, 1945 (R (45) 7th Meeting), the Reconstruction Committee agreed that the draft ing of this Bill should proceed with all speed and should be introduced at the earliest possible date. A t their meeting on the 7th May (R (45) 18th Meeting) the Committee approved of certain changes suggested by me in the proposals published in the White Paper , Par t I I , in September 1944, and agreed that I should present a short Whi te Paper to Parliament at the same time as the Bill , expla in ing its relation to the proposals in Part I of the Whi te Paper on Social Insurance.

2. I submitted a draft of the Bill to the Legislation Committee on the 15th May (H.P .C. (45) 15th Meeting) and the Committee approved the Bi l l in the form, submitted and authorised its introduction in the House of Commons, subject to one or two points which are being cleared up.

3. A copy of a proof of the proposed Whi te Paper which expla ins the Bi l l is attached.

W. A. J .

Ministry of National Insurance, S.W.I. lQth May, 1945.

( [29902]

N A T I O N A L I N S U R A N C E

( I N D U S T R I A L I N J U R I E S )

B I L L

Explana to ry M e m o r a n d u m b y t h e

Minis te r of Nat ional Insurance

L O N D O N

H I S M A J E S T Y ' S S T A T I O N E R Y O F F I C E

TWOPENCE NET

NATIONAL INSURANCE (INDUSTRIAL INJURIES) BILL

A.—Introduction

1. The G o v e r n m e n t s proposals for a scheme of Indus t r ia l Injuries Insurance were set out in P a r t I I of t h e Whi te Pape r on Social Insurance (Cmd. 6551) published in September , 1944. These proposals were the subject of deba te in bo th Houses of Par l iament . The Government have carefully considered the observat ions m a d e dur ing the course of these debates and also representat ions which have been received from various interested bodies by the Minister of Nat ional Insurance. As a result t h e y are satisfied t h a t t h e s t ructure of the Scheme set ou t in the Whi te Pape r meets wi th general acceptance. At the same t ime it has seemed to t h e Government t h a t there were certain criticisms of their original proposals which could a n d should be met b y modifications of detail . This Pape r sets out first of all t h e principal changes which have been made in the original proposals and then proceeds to give an outline of the Scheme as it is embodied in t h e Bill now presented t o the House of Commons. Tables a t t ached show t h e effect of t h e changes as applied t o a few typical cases of to ta l incapaci ty and 100 per cent, d isablement .

B.—Changes now made in the original proposals

2. In order to get a complete picture of the provision to be made for the injured workman, it is necessary to t ake account of t h e benefits proposed under both the Indust r ia l Injuries Scheme (Par t I I — C m d . 6551) and the General Scheme (Par t I of the Whi t e Pape r—Cmd. 6550). Accordingly t h e following s t a t emen t of t h e changes made in t h e original proposals for Indus t r ia l Injuries Insurance includes certain proposals relat ing to sickness and unemploymen t benefit which are outside the scope of the present Bill bu t which it is proposed to include in the Bill giving effect to Pa r t I of the Whi te Paper .

3. Injury allowance.—The original proposal was tha (t dur ing t h e period of incapaci tv following an accident the rate of injury allowance should be 35s. a week for the first 13 weeks and 40s. thereafter . There was t o be no fixed period during which this allowance would be paid ; it was to be paid so long as the workman remained incapable of work unti l replaced by a pension, t h e pension to be p u t in paymen t when it seemed t h a t the disablement was likely t o be pe rmanen t or prolonged. The proposal now is t ha t the ra te of in jury allowance should be 40s. a week from the beginning of the incapaci ty and t h a t if the incapaci ty lasts for twenty-s ix weeks or more the allowance should be replaced b y a pension, either final or provisional, a t the end of t h e twenty-s ix th week. (The basic ra te of pension proposed is not changed ; t h a t is, it will be 40s. a week in the case of a workman who is assessed as being 100 per cent, disabled and at propor t ionate rates for lower degrees of assessment.)

4. Unemploy"ability supplement.—It was proposed in t h e Whi te Paper t h a t where a pensioner, no twi ths tand ing remedial measures, remained, by reason of his industr ia l injury, vi r tual ly unemployable , he should receive a supplement of 10s. a week to his pension. I t is now proposed t h a t this supplement should be 20s. per week. This will app ly to pas t cases (see pa rag raph 29) as well as t o cases arising under the new scheme.

5, Dependants' allowances.—It was proposed in the Whi te Pape r t ha t when a workman was in receipt of injury allowance a t the ra te of 35.9. a week an allowance for a wife Or o ther adu l t dependan t should be payable a t the ra te of 8s. 9d. a week, a n d t h a t where his injury allowance was a t the ra te of 40s. a week or where he had a 100 per cent , pension this allowance should be a t t h e r a t e of 10s. per week. F o r a pensioner wi th a lower rate of pension the al lowance for a wife would be a corresponding propor t ion of 10s. For a first child of the workman t h e allowance was to be 5s. when his own allowance was at t he 35s. ra te , 7s. Gd. when he was in receipt of 40s. a week, and a propor t ion of 7s. 6d. when he was receiving a pension less t h a n 100 per cent.

' 6. After careful considerat ion of t h e issues involved, the Government have come t o the conclusion t h a t their proposals in respect of dependan t s should be directed t o improving t h e provision in cases where t h e injured w o r k m a n is for the t ime being ei ther unfit for work or unable t o get it. W h e n he is able to go back t o work, he will, like o ther workmen, h a v e his earnings available for the normal suppor t of himself and his family and, if he has a n y subs tan t ia l disabili ty remaining from his injury, a pension for t h e loss he has suffered in his own person. Accordingly, it is now proposed t h a t dur ing the period of injury allowance t he ra te for a wife or other adul t d e p e n d a n t should be 16s. a week and the allowance for a child 7s. 6d. As regards t h e period when the workman is in receipt of pension under t h e new scheme, it is proposed t h a t :—

(a) when he is earning, no allowance for wife, child or o ther dependan t should be payable ;

(b) when he is sick or unemployed, allowances of 16s. for a wife (or other adul t dependant ) a n d 7s. 6d. for a first child should be payab le as p a r t of the sickness or unemploymen t benefit he would get unde r P a r t I (2s. 6d. of the chilcVs allowance would come out of the Indus t r ia l Injuries F u n d ) .

(c) when he is in receipt of an " uncmployabi l i ty supplement " (see para­graph 4 above) allowances of 16s. and 7s. Qd. should be payable out of t h e Indust r ia l Injuries F u n d .

Sickness or unemplo3'ment benefit unde r (b) above would be subject to fulfil­m e n t of the re levant s t a tu to ry condit ions for the receipt of such benefit. The allowance of 16s. for a wife or adul t dependan t paid wi th injury allowance or unemployabi l i ty supplement will be subject to the rule proposed in P a r t I of the Whi te Pape r for sickness a n d unemploymen t benefit, namely, the allowance would not be payable where the wife or other adul t dependan t was earning mote t h a n 20s. a week.

7. Pensioner who is sick or unemployed.—In the original proposals i t was con templa ted t h a t while a workman was receiving benefit under the Indus t r ia l Injuries Scheme he could not receive a n y sickness benefit under the General Scheme in respect of incapac i ty due to industr ia l in jury . I t is now proposed t h a t he should no t get sickness benefit while in receipt of an injury allowance, bu t if while he is in receipt of a pension he is or becomes incapable of work he should, if he satisfies the normal conditions for the receipt of sickness benefit, be ent i t led, in addi t ion to his pension, to sickness benefit, whether the i n c a p a c u y is due to t h e in jury or to some other cause. An industr ia l pensioner who is unemployed a n d otherwise qualified would receive u n e m p l o y m e n t benefit under t h e General Scheme. T h e a m o u n t of his benefit would in ei ther case be subject

, t o some restr ict ion, as. expla ined in the following p a r a g r a p h which is based on an existing rule governing p a y m e n t of sickness benefit to w a r pensioners. The a m o u n t of any allowance for wife, dependan t or child t o which he might be ent i t led would no t be affected by this rule.

( 7 1 2 1 3 ) A*

8. The restr ict ion referred to in t h e preceding pa rag raph would be t h a t a workman with a 100 per cent, pension would, unt i l he h a d further qualified b y having been insurably employed for ten weeks and pa id ten contr ibut ions since the da te of his injury, be ent i t led to half the ordinary ra te of sickness benefit for himself. W h e n he h a d so further qualified he would be ent i t led to t h e full r a t e . T h e r a t e of sickness and unemploymen t benefit proposed in P a r t I of the Whi t e Pape r is 24s. a week. Thus , on this basis, he would receive, in addi t ion to his pension, unt i l he h a d paid 10 contr ibut ions , 12s. a week, and after he h a d paid 10 contr ibut ions , 24s. a week. If a w o r k m a n was in receipt of a pension a t a ra te less t h a n 100 per cent, he would be ent i t led to receive u p to the full ra te of benefit p rov ided t h a t t h e a m o u n t he got by way of pension a n d benefit did no t exceed w h a t he would have got if he h a d had pension at t h e 100 per cent. r a t e . This restr ict ion would also disappear when he had further qualified b y being insurably employed for ten weeks and paying ten cont r ibut ions after the da t e of bis injury.

9. The b road effect of the changes described above m a y be seen from the following figures in cases where the injury results in 100per cent , pension ; fur ther i l lustrat ions are given in the Tables a t t ached t o th is Paper .

Single man Man with wife (or adult without dependant) and one child

dependantInjury Allowance

(Payable for a m a x i m u m of 40s. 40s.-f-16s.4-7s. 6d.^63s. 6d. 26 weeks.)

Pension (i) If working 40s. -j-earnings 40s. -f earnings.

(ii) If temporarily sick or un­s employed.

(a) Less t h a n lOcontr i - 40s. 4- 12s. 40s . - f l2 s . (self) b u t i o n s since -j-16s. (wife) injury. - f7s . 6d. (child)

To ta l =75s. 6d. (b) At least 10 contri- 40s. 4-24s. 4 0 S . + 2 4 S . (self)

b u t i o n s since -f-16s. (wife) injury. + 7 S . 6d. (child)

To ta l ;87s. 6d. (hi) If permanently incapaci- 40s.-r-20s. 40s.-I-20s. (self)

t a t ed for work. - f l 6 s . (wife) +7S. 6d. (child)

Tota l = 8 3 s . 6d.

Notes.—(i) For other ra tes of pension, subs t i tu te t h e ac tua l pension figure for 40s. and , for the figure of 12s. a t (ii) (a) substitute:—­

if pension is 90 per cent . . . . . . . . . 16s. if pension is 80 per cent . . . . . . . . . . . 20s. if pension is 70 per cent, or less . . . . . - . . 24s.

(ii) For ra te of sickness and unemploymen t benefit, see p a r a g r a p h 8 above .

10. Other changes which have been made in the original proposals are as follows :—

(a) Children.—The Whi te Pape r proposed t h a t the Scheme should not apply to children under school leaving age. Subject t o cer ta in condit ions, however, children under school leaving age m a y be, and are, in fact, employed, and on further considerat ion it does no t seem right to the Government t h a t they should be entirely excluded from benefit if t hey are injured during the course of their employment . I t is now proposed, therefore, t h a t cont r ibut ions should no t be required for t h e m ; t h a t injury allowance should be payab le only so far as might be prescribed by Regulat ions ; b u t t h a t t h e y should be en­t i t led to d isablement pension, subject to the usua l condi t ions , a t the juvenile r a t e (i.e. half the ordinary adu l t r a te ) . The allowance or pension would be paid to the child's p a r e n t or guardian .

(b) "Arising out of and in the course of".—The proposal in the Whi t e P a p e r was t h a t , as in the existing W o r k m e n ' s Compensat ion Acts , benefit should be payable in respect of accidents " arising ou t of a n d in the course of e m p l o y m e n t . " The Government are still of t h e opinion t h a t , as a general descript ion of the n a t u r e of accidents for which benefit will be paid, no o the r form of words would be found in pract ice t o be more sat isfactory t h a n these, b u t t hey propose a modification in favour of the w o r k m a n to t h e e x t e n t t h a t accidents arising in the course of e m p l o y m e n t shall be deemed, in the absence of evidence to the con t ra ry , also to have arisen ou t of t ha t employment .

(c) Accident when travelling to or from work.—Under the W o r k m e n ' s Compensat ion Acts a workman mee t ing wi th a n acc ident while using a conveyance provided b y his employer is able t o recover compensa t ion only when he can show t h a t there was a con t r ac tua l obligation to use t h e conveyance . I t is now proposed t h a t t h e w o r k m a n should be en t i t l ed to benefit in respect of an acc ident occurring while he is, wi th t h e express or implied permiss ion of his employer, t ravell ing b y a n y vehicle to or from his place of work, no twi th s t and ing t h a t he is unde r no obligation to his employer to t rave l b y t h a t vehicle, if the vehicle is being opera ted by or on behalf of his emploj-er or some o ther person b y whom -it is provided in pu r suance of a r r angemen t s m a d e wi th his employer and is not being ope ra t ed in t h e o rd inary course of a publ ic t r anspo r t service.

id) Accident during an emergency.—The Wh i t e Pape r proposed t h a t benefits should be payable in respect of accidents occurring while a workman was engaged in rescue work and o ther specified classes of emergency work in connect ion wi th indust r ia l under t ak ings . I t is now proposed, while main ta in ing the cover in the exist ing Work ­m e n ' s Compensat ion Acts for mine rescue br igades and ex tend ing it t o cer ta in o ther similar organizat ions, to frame the proposed general provision so as to cover accidents arising dur ing an emergency a t the e m p l o y e e s premises, whether indus t r ia l or not , when the workman t a k e s s teps to rescue or protect persons or p roper ty .

(e) Dependency of parents or relatives in fatal cases.—The W h i t e P a p e r proposed t h a t in fatal cases pensions paid to pa ren t s or to o ther relat ives (except the widow in whose case residence with t h e deceased a t t h e t ime of his d e a t h would suffice) should be subject t o the con­dit ion t h a t t h e c la imant was wholly or ma in ly dependen t on the w o r k m a n a t t h e t ime of his in jury and ei ther cont inued to be dependent u p to the t ime of dea th or would, b u t for the injury, have

been so dependent . I t is now proposed t h a t the condi t ion should be t h a t the pa ren t or relat ive was wholly or main ly dependen t a t the t ime of death or would have been so dependent bu t for the accident.

11. Contributions.—In order to cover the cost of these proposals it has been decided to increase the tota l contr ibut ion for adul ts by Id. T h e original proposal was t h a t a man should pay 3d. and his employer 3d. ; a woman 2d., and her employer 2d. I t is now proposed, in order t o avoid half-pennies in the deduction which the employer makes from the adul t worker ' s wages, to add the ex t r a Id. t o t h e employer ' s contr ibut ion, on t h e unde r s t and ing t h a t a t the first sui table oppor tun i ty equal i ty of contr ibut ion be tween employer and worker will be restored.

C - O u t l i n e 01 the Scheme in the Bill Part I

12. Scope of the Scheme.—Broadly speaking the Scheme will cover all persons working under a contract of service or apprent iceship and will correspond closely wi th Class I of t h e classification under the General Scheme (Par t I of the Whi t e Paper) . There will be no income limit in the case of non-manua l workers a n d no provision for " contract ing out " schemes. As a l ready no ted it will include children under school leaving age who are employed bu t will not re­quire contr ibut ions for t h e m . It will provide benefit for persons injured while serving as members of rescue brigades in mines and elsewhere, a n d generally for persons injured dur ing rescue work due to an emergency arising a t their employees premises. I t will also contain special provision for cer ta in accidents occurring while t h e workman is travell ing to and from work.

13. Contributions.—Contributions will be payable by all insured workmen and their employers and the Exchequer will make a contr ibut ion equal to one­fifth of t h e combined contr ibut ion of workpeople and employers . The ra t e of contr ibut ion for an adul t male worker will be Id. a week, Ad. being payable b y t h e employer and 3d. by the workman . The corresponding figures for an adul t woman will be 5d. (employer 3d., woman 2d.) ; for a boy under 18, 3d. (employer 1 Id., boy lid.) ; and for a girl under 18, 2d. (employer Id., girl Id.).

There will be no contr ibut ion in respect of children unde r school leaving age.

14. Contr ibut ions will be paid by means of s t amps affixed to cards, as they have always been under the Heal th a n d Unemploymen t Insurance Schemes. I t is in tended t ha t when this Scheme and the General Scheme come into operation t h e contr ibut ions under bo th Schemes should generally be collected b y means of one s t a m p on one card.

Part II 15. Benefds.—The principal benefits in non-fatal cases will be : —

(a) Injury Allowance of 40s. a week payable dur ing incapac i ty for work for not more t h a n twenty-s ix weeks ;

(b) Disablement Pension payable where the w o r k m a n cont inues . to be incapable of work after the 26 weeks period or where, after incapaci ty ceases (either before or after the end of t h a t period), he cont inues to suffer from some pe rmanen t or subs tan t ia l disabi l i ty due to the injury. - The pension will be 40.9, where the degree of disablement is assessed at 100 per cent . , a n d propor t iona te a m o u n t s where the degree of disablement is assessed a t someth ing less t h a n 100 per cent . I t will be increased b y 20s. a week where the pensioner, no twi th ­s tanding remedial measures, remains vi r tual ly unemployab le ; and it m a y be increased by a m o u n t s u p t o 20s. a week where t h e pensioner is in need of cons tan t a t t endance .

(c) Dependants Allowances.—An allowance of 16s. a week payable for a wife or other adul t dependan t and an allowance of 7s. Qd. for a. first child while the workman is in receipt of-injury allowance or when he is receiving an addi t ion to his pension of a supplement of 20s. because he is v i r tual ly unemployable . The allowance for a wife or other adul t dependan t will not be payable where the wife or dependan t is earning more t han 20s. a week, and not more than one such allowance will be payable . " C h i l d " has the same meaning in this Bill as in the Fami ly Allowances Bill.

16. The ra tes of benefit will be the same for men and women. A mar r i ed woman whose h u s b a n d is wholly or main ly dependen t on her earnings and incapable of self-support will be enti t led to an al lowance of 16s. in respect of him. She will also be eligible for an al lowance in respect of a dependan t or a first child subjec t to the same condit ions as a male worker. Ra t e s of benefit for u n m a n icd workmen under eighteen years of age will be half the ra te for an adul t , to be raised to the adul t ra te on a t t a in ing eighteen years of age, b u t a n y d e p e n d a n f s allowance will be payab le a t t he full ra tes . (For children unde r school leaving age, see p a r a g r a p h 10 (a) above) .

17. Where an indus t r ia l pensioner has to e n t e ^ hospital or an ins t i tu t ion ' for approved t r e a t m e n t for disabil i ty due to Iris injury his pension whilst undergoing such t r e a t m e n t will be a t t he 100 per cent, r a t e wi th d e p e n d a n f s allowance where appropr i a t e , b u t if lie is being ma in ta ined free of charge t h e pension will be subject to a deduction of 10s. a week in respect of home saving

18. Minor injuries.—Where an. in jury resul ts in only a minor disablement (amount ing to at least 1 per cent, bu t less t han 20 per cent.) a final se t t l ement will be m a d e by an award, of a g ra tu i ty , which m a y be payab le by ins ta lments , t he a m o u n t n o t t o exceed £100.

19. Fatal cases.—The pr incipal benefits in fatal cases, which will be subject to t h e condit ions men t ioned in t h e next pa rag raph , will be as follows :—

(a) A widow marr ied to t h e deceased before the d a t e of his in jury will receive—

(i) if she is fifty years of age or over, or being under t h a t age, has the care of a child of t h e workman , or is pe rmanen t ly incapable of self-support, a pension of 30s. a week ;

(ii) in o ther cases, a pension of 20s. a week. If she would have qualified unde r t h e General Scheme for a widow's benefit a t a higher r a t e dur ing an initial period (normalh ' 36s. a week for 13 weeks following t h e death) the pension will be raised to t ha t higher r a t e for t h e appropr ia te period. Where a widow under fifty is awarded a pension a t t h e 30s. ra te because she has t h e care of a child of t h e workman , t h e pension will cont inue a t th is r a t e when t h e child ceases t o be qualified for an allowance if she has then a t t a ined t h e age of 50 years . Where the widow was separa ted from her husband a t the t ime of his dea th piovis ion will be m a d e for t h e award of a pension in accordance w i th any p a y m e n t she was receiving or entit led to receive from h im subject to a m a x i m u m of the appropr ia t e r a t e above. On remarr iage t h e pension will

cease b u t there will be a mar r i age g r a t u i t y equal to one year ' s pension. Where a workman was in receipt a t t h e t i m e of his dea th of an " unemployab i l i ty supp lement " t h e widow's pension will be payable irrespective of t h e d a t e of marr iage .

k

(b) An allowance of 7s. 6d. weekhy will be payable in respect of one of t h e workman ' s children. (No specific provision is made for orphans , tor whom allowances a t a special r a t e will be provided under the General Scheme (Part I of the Wh i t e Paper—Cmd. 6550).)

(c) A widower whose wife, being an industr ial worker, was marr ied to h im previous to her injury will be eligible for a pension of 20s, a week if he is pe rmanen t ly incapable of self-support.

(d) A pension will be payable , whether or no t a widow's pension is payable , to a p a r e n t who is pe rmanen t ly incapable of self-support. The max i ­m u m pension for one pa ren t will be 20s. a week ; if bo th paren t s qualify, t he pension will be 15s. a week each.

(e) Where no pension is payable to a widow or a paren t one other adul t relat ive of t h e deceased workman (if within the prescribed degree) who was resident with him at the t ime of the injury will be eligible for a pension if pe rmanen t ly incapable of self-support. The m a x i m u m ra t e of pension will be 20s. a week.

(/) Where no pension is payable under t h e foregoing provisions a w o m a n who was resident wi th the workman a t the da te of the injury and th roughou t t h e period between t h a t da te and his dea th will be eligible for a temporaryvpension if she has t h e care of his child or children. The m a x i m u m rate will be 20s. a week and t h e pension will be payable so long as at least one child is within t h e qualifying age for an allow­ance unde r the Scheme.

(s) A (prescribed) relat ive of t h e deceased workman who is no t eligible for a n y pension under th is Scheme will be eligible for a t empora ry allowance of 36s. a week for th i r teen weeks.

20. Pensions for widows will be subject t o the condit ion t ha t t hey were resident wi th or wholly or main ly ma in ta ined b y the deceased a t t h e t ime of his dea th . Pensions or allowances t o paren ts or other relat ives will be subject t o the condit ion t ha t the claimant was wholly or ma in ly main ta ined b y t h e workman a t the t ime of his dea th or would bu t for the injury have been so main­tained. I n o ther cases the condit ion will be t h a t t h e c la imant was wholly or mainly ma in t a ined by the insured person a t t h e t ime of his injury and ei ther cont inued t o be so main ta ined u p to t h e da t e of d e a t h or would, b u t for t h e injury, have been so main ta ined . The m a x i m u m ra t e in sub-paragraphs (d), (e) and (/) above will be given where t h e dependent had been wholly ma in ta ined by the workman ; in other cases t h e a m o u n t will be propor t iona te to the degree of main tenance which had been given. In the case of a female dependan t t h e pension will cease on subsequent marr iage.

21. Duplication of Benefit.—The ra t e of injury allowance or d isablement pension payable t o a. workman who receives a second or subsequent in jury will be subject to the rule t ha t , apa r t from allowances for a wife or child, he cannot receive more in t o t a l t h a n the m a x i m u m of 40/- (20/- for a juvenile). Regulat ions m a y provide for ad jus tments in certain cases for dupl ica t ion of benefits, in par t icular as regards more t han one set. of allowances in respect of dependan t s , and also other cases \e.g. t h a t of a widow who herself suffers an industr ia l injury) where paymen t s would accrue par t ly in a person's own right and pa r t l y owing to his relat ionship to some one else.

Part III 22. Determination of claims.—All claims to benefit will in t h e first ins tance

be dealt wi th by an Insurance Officer. A claim will normal ly be met on an applicat ion b y or on behalf of the workman, or in fatal cases, b y or on behalf of

t h e dependent . The claimant will be required to give notice of the accident to his employer and to submi t his claim t o t h e Insurance Officer for thwith wi th a covering certificate and other appropr ia te par t iculars . The employer will be required to repor t the accident to t h e Insurance Officer. The Officer will normal ly decide t h e claim and if he decides it against the claimant t h e c la imant will have a r ight of appeal t o t h e local Appeal Tr ibunal . This Tr ibunal will consist of one or more members chosen to represent employers with an equal number of member s chosen to represent insured persons and a Cha i rman appo in ted by t h e Minister. Appeals will lie from t h e decision of the local Tr ibuna l t o an Indus t r ia l Injuries Commissioner whose decision will be final. T h e proposals for the appoin tment of t h e Commissioner and the consti tut ion of t h e local Tr ibunals and t h e rules governing procedure th roughou t are closely modelled on the existing provisions of the Unemploymen t Insurance Acts.

23. Assessment for pension.—When a workman ceases to be incapable of work or has been incapable for twenty-s ix weeks bu t is ent i t led to be assessed for pension by reason of cont inuing disabili ty, his disablement (if any) will have to be assessed in order to determine whe the r a pension should be p u t in p a y m e n t . For this purpose he will normally be examined by a Medical Board and t h e Insurance Officer will determine t h e pension to be paid in accordance wi th the Medical Boarcks report . The workman will have cer ta in r ights of appeal against t h e decision of t h e Medical Board t o a Medical Appeal Tr ibuna l a n d the decision of t h a t Tr ibuna l will be final. A Medical Boa rd will consist of not less t h a n two medical pract i t ioners appoin ted b y t h e Minister of whom one will be appo in ted Chairman, and a Medical Appeal Tr ibuna l will consist of a Chai rman selected b y t h e Minister and two medical pract i t ioners . The Minister ins tead of himself appoint ing Medical Boards m a y ar range wi th a n y other Government D e p a r t m e n t t h a t a n y Medical Board consisting of not less t h a n two medical pract i t ioners appoin ted or recognised b y t h a t D e p a r t m e n t shall be a Medical Board for the purposes of the Indus t r ia l Injuries Scheme.

24. Review of decisions.—There are provisions for enabl ing decisions given b y an Insurance Officer, a Local Appeal Tr ibuna l , t he Commissioner, a Medical Boa rd or a Medical Appeal Tr ibunal t o be reviewed in cer ta in c i rcumstances defined in the Bill.

Part IV 25. Extension of the Scheme to Diseases, etc.—It is proposed t o adhere

general ly to the principles a t present recognised in ex tending the Workmen ' s Compensat ion Acts to diseases scheduled or otherwise specified which are due to t h e n a t u r e of the employment . Accordingh ' , the Bill gives the Minister power to prescribe such diseases (either generally in relat ion to all insured persons, or in relat ion to insured persons employed in prescribed occupations) and incapac i ty for work or other disabilities result ing from such prescribed disease in the case of a person who fulfils the necessary condit ions will be t r e a t e d on the same footing as an " in jury " due to an accident, subject to a n y necessary modifications which rany be made by Regulat ions . There a re provisions regarding certain resp i ra tory diseases which will enable t h e special medical and other a r rangements in regard to pneumoconiosis t o be con­t inued.

Part V " 26. Finance.—An Indus t r ia l Injur ies F u n d will be set u p out of which

all benefits and admin is t ra t ive charges will be paid. T h e F u n d will be m a i n ­t a ined b y weekly contr ibut ions from employers a n d workmen, wi th a

contr ibut ion from the Exchequer . F u r t h e r information regarding the financial provisions of the Scheme is given in the Financial Memorandum a t tached to t h e Bill.

27. Administration.—The Minister of Nat ional Insurance will be responsible th rough his officers for the day- to -day adminis t ra t ion of the SchcTne. An Indus t r ia l Injuries Advisory Council will be set up which will include an equal n u m b e r of persons representing employers and insured persons respectively. I t will be the d u t y of this Council to consider and advise the Minister on such quest ions relating to the Act as he refers to them. The Bill also empowers t h e Minister to promote or assist research into the cause and incidence of and methods of prevent ion of accidents, injuries and diseases and to make arrangements wi th the Ministry of Labour and Nat ional Service lor securing tha t persons enti t led to benelit under the Scheme t ake full a d v a n t a g e of vocational t ra in ing courses and industr ial rehabil i tat ion courses. Provisions for the issue of insurance s tamps , books and cards and for t h e issue of copies of birth, mar r iage or dea th certificates a t special ra tes are on t h e lines familiar in the Insurance Schemes, as are also the provisions relat ing to legal proceedings in connect ion wi th the Act.

Part VI 2S. Miscellaneous and General.—Power is given to the Minister to make

regulat ions modifying the provisions of the Scheme in the case of seamen and a i rmen ( that is, persons employed on civil aircraft) t o take account of the special c i rcumstances arising from their employment outside Great Bri ta in . The Minister will also have power to make regulat ions determining what persons are to be t rea ted as employers in cer ta in cases. Provision is made for reciprocal a r rangements with other countries.

29. Application of the New Scheme to Past Cases.—The Vvorkmcn's Com­pensat ion Acts, including the Workmen ' s Compensat ion (Temporary Increases) Act , 1943, will continue to apply (subject t o cer ta in a m e n d m e n t s proposed in t h e Fami ly Allowances Bill) to cases arising before the new scheme comes in to force, wi th suitable adapta t ion to cases due to indust r ia l disease. I t is pro­vided in the Bill, however, t h a t a workman receiving weekly p a y m e n t s of compensat ion under the Acts who, if he came under t h e new Scheme, would be deemed to be vir tual ly unemployable as a result of his injury m a y apply for and be gran ted an addi t ional allowance of 20s. a week (see pa rag raph 4 above) . The cost of this allowance will be borne by t h e Industr ia l Injuries Fund .

Proposals now made compared with White Paper proposals and benefits under the Workmen's Compensation Acts

Table A

Initial period of total incapacity

First 13 weeks After 13 weeks

TypTypee ooff cascasee White Paper Proposals ProposalsW.C. Acts W.C. Acts White Paperproposals now made now made

(1) (2) (3) (4) (5) (6) (7)

Single man or woman 35s. max. 35s. 40s. 40s. max. 40s. 40s.

SinglSinglee mamann oorr womawomann witwithh aduladultt dependandependantt 35s35s.. max.max. 35s. 40s40s.. 40s40s.. max.max. 40s40s.. 40s40s.. 8s. 9d. (dept.)

16s16s.. (dept.(dept.)) 10s10s.. (dept.(dept.)) 16s16s.. (dept.(dept.)) Total : 43s. 9d.

TotaTotall :: 56s56s.. TotalTotal:: 50s50s.. TotalTotal:: 56s56s..

MarrieMarriedd mamann 40s40s.. max.max. 35s. 40s40s.. 50s50s.. max.max. 40s. 40s40s.. 8s. 9d. (wife) 10s. (wife)

16s16s.. (wife(wife)) 16s16s.. (wife(wife)) Total : 43s. 9d, Total : 50s. TotaTotall :: 56s56s..TotaTotall :: 56s56s..

MarrieMarriedd mamann witwithh chilchildd 45s.45s. max.max. 35s. 40s. 55s.55s. max.max. 40s. 40s. 8s. 9d. (wife) 16s. (wife) 10s. (wife) 16s. (wife) 5s. (child) 7s. Gd. (child) 7s. 6d. (child) 7s. Gd. (child)

Total : 48s. 9c?. Total: 63s. 6d. Total : 57s. Gd. Total : 63s. Gd.

No maximum period Maximum of 13 weeks, i.e. 26 weeks in all

Note.—If the wife or dependant is earning more than 20s. a week, the allowance of 16s. shown in columns (4) and (7) will be withheld.

Table B

Workman permanently incapable of work as a result of injury and with 100 per cent. Pension under New Scheme

Workmen's Compensation White Paper Present Proposal

Acts

(1) (2) (3) ' (4) Single man or woman. . 405. 40s. 40s.

10s. (unemployability 20s. (unemployability maximum supplement) supplement)

Total . . . . 50s. Total . . . . 60s.

Single man or woman with adult dependant.

405. maximum

40s. 10s. (dependant) 10s. (unemployability

supplement)

40s. 16s. (dependant) 20s. (unemployability

supplement)

Total . . . . 60s. Total . . . . 76s.

Married man 50s. maximum

40s. 10s. (wife) 10s. (unemployability

supplement)

40s. 16s. (wife) 20s. (unemployability

supplement)

Total . . . . . 60s. Total . . . . 76s.

Married man with child 55s.maximum

40s. 10s. (wife) 7s. 6d. (child) 10s. (unemployability

supplement)

40s. 16s. (wife) 7s. Gd. (child)

20s. (unemployability supplement)

Total . . 67s. 6d. Total . . 83s. 6d.

Note.—If the wife or dependant is earning more than 20s. a week the allowance of 16s. shown in column (4) will be withheld.

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