Family Allowances And National Insurance Act, 1959

Published date01 July 1959
DOIhttp://doi.org/10.1111/j.1468-2230.1959.tb00548.x
Date01 July 1959
JULY
1969
STATUTES
411
characteristic of the British as compared with the general Conti-
nental approach to these matters that an attempt at settlement
must in the first place be made by the Minister, and that thz
nltimate sanction cannot be applied except after proceedings in
n
judicial form.
It
can perhaps
be
expected that most cases will be
settled, and the number of actual awards made by the Industrial
Court is not likely to be very large.
If
one criticism can be levelled against this new enactment it
would be that like its predecessors it failed to make the services
of
the. minimum wage inspectorate (which enforces the Wages Councils
Acts) available for the enforcement of awards rendered by the
Industrial Court.
0.
KARN-FREUND.
FAMILY
ALLOWANCES
AND
NATIONAL
INSURANCE
ACT,
1959
SECTION
48
of the National Insurance Act,
1946,
empowers the
making of regulations for the determination of claims and questions
under that Act and provides for the procedure by way of insurance
officer, local appeal tribunal and Commissioner.
The Ministry of Pensions and National Insurance stated in
evidence to the Franks Committee that if the family allowances
scheme under the Family Allowances Act,
1945,
were now to be
introduced for the first time, they would be inclined
to
adopt the
national insurance structure. The Franks Committee recommended
that this change should be made.' Section
1
of this Act
of
1959
implements this recommendation by applying section
48
of the Act
of
1946
to the determination of any question as to the right to
a
family allowance-except that the Minister is to continue to
determine questions under the Schedule to the Act of
1945
(that
is, certain questions as to which of two persons
is
to be treated as
maintaining a child,
or
in which of two families a child is to
be
treated as included). This section
1
includes various consequential
provisions and excludes the supervisory function of the National
Insurance Advisory Committee for regulations made under
it.
Section
2
of the Act of
1959
provides
for
an appeal to the
Industrial Injuries Commissioner from any decision of a medical
appeal tribunal
on
the ground that the decision
is
erroneous in
point of law, after leave has been given by the tribunal
or
the
Commissioner. The tribunal may refer any question of law to the
Commissioner for his decision. This section is to come into force
on a date appointed by the Minister. In
R.
v.
Medical
Appeal
Tribunal,
ex
p.
Gilmorea
it
had been held that certiorari would
lie to correct an error of law
on
the face of the record of this
1
Day8
1-2.
p.
41.
2
Cmnd.
218,
pare.
184.
3
[1957]
2
W.L.R.
498.

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