National Insurance Act 1959



Family, Allowances and National Insurance Act, 1959

(7 & 8 Eliz. 2) CHAPTER 18

An Act to amend the law with respect to the determination of questions requiring decision for the purposes of the Family Allowances Act, 1945, or the National Insurance Acts, 1946, and in connection therewith to modify the provision made by the said Act of 1945 as to the commencement and termination of allowances thereunder; and for other purposes connected with the matters aforesaid.

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:—

S-1 Questions under the Family Allowances Act, 1945, and corresponding questions under other Acts.

1 Questions under the Family Allowances Act, 1945, and corresponding questions under other Acts.

(1) Subject to the provisions of this section, the following provisions of the National Insurance Act, 1946, (3) and (5) of section forty-three of that Act, shall apply in relation to the determination of any question as to the right to an allowance under the Family Allowances Act, 1945 , in respect of any person for any family as they apply in relation to the determination of questions as to the right to benefit:

Provided that, notwithstanding anything in subsection (3) of the said section forty-three, regulations under that section shall provide for the determination by the Minister of Pensions and National Insurance of the questions to be decided by him in his discretion under the Schedule to the Family Allowances Act, 1945 (that is to say, 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).

(2) Subsection (1) and paragraphs (a ) to (c of section forty-seven of the National Insurance Act, 1946 (which enable provision to be made by regulations with respect to matters arising pending the determination of questions as to the right to benefit, or arising out of the review of a decision under that Act, and similar matters), shall apply in relation to allowances under the Family Allowances Act, 1945, and decisions with respect to those allowances as they apply in relation to benefit and decisions with respect to benefit; and in subsection (2) of section forty-eight of the National Insurance Act, 1946 (which provides for recovering by deduction from other benefits sums recoverable by virtue of any provision of the Family Allowances Act, 1945, by deduction from payments under that Act), for the reference to any provision of the Family Allowances Act, 1945, there shall be substituted a reference to any provision made for the purposes of that Act by regulations under the said section forty-seven.

Regulations made by virtue of this subsection may, notwithstanding anything in the Family Allowances Act, 1945, include provision as to the commencement of an allowance awarded for a family in respect of a child in respect of whom an allowance has under a previous award been payable for another family; and for the purposes of the said section forty-seven as applied by this subsection, the determination of any question as to the date at which, by virtue of section six of the Family Allowances Act, 1945, an allowance terminates or has terminated under an award shall be treated as a review of the award.

(3) Subsection (1) of this section shall have effect in relation to the determination of any question which for the purposes of the National Insurance Act, 1946, or of the National Insurance (Industrial Injuries) Act, 1946 , is to be determined in like manner as the corresponding question arising under the Family Allowances Act, 1945.

(4) Section seventy-seven of the National Insurance Act, 1946 (which relates to the consideration of regulations under that Act by the National Insurance Advisory Committee), shall not apply to regulations made under section forty-three or forty-seven of that Act and containing only provisions having effect by virtue of subsections (1) and (2) of this section or by virtue of the operation of subsection (3) in relation to the National Insurance (Industrial Injuries) Act, 1946.

(5) Regulations made by virtue of this section may make such provision as appears to the Minister expedient in relation to cases pending at the time the regulations come into force, in relation to the review of and appeals from decisions given before they come into force, and in relation to other matters of a transitional nature; but, subject to any such provision, the enactments specified in Part I of the Schedule to this Act are, to the extent specified in the third column of that Schedule, hereby repealed as from the coming into force of regulations made by virtue of this section.

S-2 Appeals and references from medical appeal tribunals to Industrial Injuries Commissioner.

2 Appeals and references from medical appeal tribunals to Industrial Injuries Commissioner.

(1) Subject as hereinafter provided, an appeal shall lie 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, at the instance of—

(a ) the claimant; or

(b ) an association of employed persons of which the claimant was a member at the...

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