National Insurance (Industrial Injuries) Act 1965
| Year | 1965 |
National Insurance(Industrial Injuries) Act 1965
1965 CHAPTER 52
An Act to consolidate the National Insurance (Industrial Injuries) Acts 1946 to 1964 and certain related enactments.
[5th August 1965]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Insured Persons and Contributions
1 Persons to be insured.
(1) Subject to the provisions of this Act, all persons employed in insurable employment shall be insured in manner provided by this Act against personal injury caused after 4th July 1948 by accident arising out of and in the course of such employment.
(2) For the purposes of this Act, every employment specified in Part I of Schedule 1 to this Act is an insurable employment unless it is an excepted employment, that is to say, an employment specified in Part II of that Schedule:
Provided that Parts I and II of that Schedule shall have effect subject to the provision made by Part III thereof for preventing anomalies.
2 Source of funds.
(1) For the purpose of providing the funds required for paying benefit under this Act, and for making any other payments which under this Act are to be made out of the Industrial Injuries Fund, contributions shall, subject to the provisions of this Act, be payable as follows:—
(a ) every insured person of the classes set out in column 1 of Part I of Schedule 2 to this Act and every employer of any such person shall be liable to pay weekly contributions at the respective rates set out in columns 2 and 3 of that Part of that Schedule, unless exempted from that liability as provided in Part II of that Schedule; and
(b ) there shall be paid out of moneys provided by Parliament, in such manner and at such times as the Treasury may determine, sums estimated in manner aforesaid to be equal to one-fifth of the aggregate amount of contributions paid under the foregoing paragraph.
(2) In relation to persons in such insurable employment as may be prescribed, regulations may provide that the contributions to be paid under subsection (1)(a ) of this section by the employer and the insured person shall be determined by reference to work actually done by the insured person or by a group of persons of whom he is one, or to remuneration paid to him or to such a group, instead of by reference to the weeks in which the insured person is employed; and any such regulations may contain such incidental or supplementary provisions (including provisions modifying any provision relating to contributions contained in or applied by this Act) as appear to the Minister to be expedient for the purposes of the regulations.
(3) No regulations made under subsection (2) of this section shall have effect in relation to any employment which is for the time being an employed contributor's employment within the meaning of the Insurance Act.
3 Payment of contributions.
(1) Except where regulations otherwise prescribe, the employer shall, in the first instance, be liable to pay both the contribution payable by himself and also, on behalf of and to the exclusion of the insured person, the contribution payable by that person; and for the purposes of this Act contributions paid by an employer on behalf of an insured person shall be deemed to be contributions by the insured person.
(2) A weekly contribution shall be payable for each contribution week during the whole or any part of which an insured person is employed:
Provided that—
(a ) where one weekly contribution has been paid in respect of an insured person for any week, no further contribution shall be payable in respect of him for the same week; and
(b ) where, as respects any insurable employment, no services have been rendered by an insured person during any week, and no remuneration is paid wholly or partly in respect of any day in that week other than a day on which he either—
(i) has been rendered incapable of work by reason of some specific disease or bodily or mental disablement and would but for the incapacity have been working; or
(ii) does not work in a normal week,
then, as respects that employment, no contribution shall be payable in respect of the insured person for that week.
(3) Regulations may provide—
(a ) for treating a person for the purposes of subsection (2)(b )(i) of this section as incapable of work as therein mentioned when he would not be so, treated apart from the regulations;
(b ) as respects any period during which no services are rendered by an insured person, that for the purposes of this Part of this Act any payments which the insured person receives or is entitled (whether conditionally or not) to receive in any prescribed circumstances are or are not to be deemed to be remuneration paid in respect of any day in that period.
(4) If any employer or insured person fails to pay at or within the time prescribed for the purpose any contribution which he is liable under this Act to pay, he shall be liable on summary conviction to a fine not exceeding ten pounds.
(5) The provisions of Part III of Schedule 2 to this Act shall have effect as respects the return of contributions paid erroneously.
(6) Section 11(4) of the Insurance Act (which relates to the payment of contributions through an employment exchange or other agency approved by the Minister) shall apply in relation to the performance under this Act of the duties of employers in connection with the payment of contributions as it applies in relation to the performance of such duties under that Act.
(7) An employer shall be entitled to recover from an insured person, subject to and in accordance with the provisions of section 12 of the Insurance Act and any regulations made under subsection (7) thereof, the amount of any contributions paid or to be paid by the employer on behalf of that person; and for the purposes of this subsection the said section 12 shall have effect—
(a ) as if any reference therein to a contribution under section 3 of that Act or to an employer or insured person were a reference to a contribution, employer or insured person, as the case may be, under this Act; and
(b ) as if in subsections (2) and (6) thereof the words ‘in respect of an employed contributor's employment’ were omitted; and
(c ) with the substitution in subsection (3)(c )(ii) thereof for references to section 8(5) of that Act and to contributions as an employed person of references respectively to subsection (2) of this section and to contributions as an insured person as respects the employment in question.
4 Employer's contribution irrecoverable from insured person.
(1) Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct from the wages or other remuneration of, or otherwise to recover from, the insured person the employer's contribution.
(2) If an employer deducts or attempts to deduct from the wages or other remuneration of an insured person the whole or any part of the employer's contribution he shall be liable on summary conviction to a fine not exceeding ten pounds.
Part II
Benefit
General conditions and description of benefit
5 General fight to and description of benefit.
(1) Subject to the provisions of this Act, where an insured person suffers personal injury caused after 4th July 1948 by accident arising out of and in the course of his employment, being insurable employment, then—
(a ) industrial injury benefit (in this Act referred to as ‘injury benefit’) shall be payable to the insured person if during such period as is hereinafter provided he is, as the result of the injury, incapable of work;
(b ) industrial disablement benefit (in this Act referred to as ‘disablement benefit’) by way of disablement gratuity or disablement pension shall be payable to the insured person if he suffers, as the result of the injury, from such loss of physical or mental faculty as is hereinafter provided;
(c ) industrial death benefit (in this Act referred to as ‘death benefit’) shall be payable to such persons as are hereinafter provided if the insured person dies as a result of the injury.
(2) Regulations may provide for treating a person for the purposes of this Act as incapable of work as the result of an accident or injury when he would not be so treated apart from the regulations, and may also make provision—
(a ) as to the days which, in the case of a person who at any time is or is to be treated as incapable of work as the result of an accident or injury, are or are not to be treated for the purpose of benefit as days of incapacity for work; and
(b ) as to the day which, in the case of night workers and other special cases, is to be treated for the purpose of benefit as the day of the accident.
(3) In this Act, references to loss of physical faculty shall be construed as including references to disfigurement, whether or not accompanied by any actual loss of faculty.
(4) Subject to the provisions of sections 75 and 76 of this Act, benefit shall not be payable in respect of an accident happening while the insured person is outside Great Britain.
6 General presumption as to accidents.
6. For the purposes of this Act, an accident arising in the course of an insured person's employment shall be deemed, in the absence of evidence to the contrary, also to have arisen out of that employment.
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