Statutes and Reports
| Date | 01 April 1947 |
| Published date | 01 April 1947 |
| DOI | http://doi.org/10.1111/j.1468-2230.1947.tb00046.x |
STATIJTES
AND
REPORTS
THE
NATIONAL
INSURANCE
ACT,
1946
THE National Insurance Act,
1946,
forms part of a series
of
statutes which includes the Ministry of National Insurance
Act,
1945,
the Disabled Persons Act,
1945,
the Family Allowances
Act,
1945,
the National Health Service Act,
1946,
and the
National Insurance (Industrial Injuries) Act,
1946.
A further
Bill dealing with public assistance will be introduced in the
fairly near future.
This mass of legislation has radically transformed the
system of social insurance and the social services which support
it.
It
brings us substantially nearer to social security in
so
far
as
this depends on domestic social policy.
From the legal standpoint, the Industrial Injuries Act is the
most interesting of these measures, on account both of the
juridical problems which
it
raises and of its effect on the
professional interests
of
lawyers. This statute can, however,
be properly understood only if it is seen against the background
of workmen’s compensation and the huge volume of case law
which has been thrown up by that ill-conceived system.
It
cannot, therefore, be treated within the limits
of
a note
of
this kind.
The National Insurance Act,
1946,
is of much greater
importance than the Industrial Injuries Act or any of the other
statutes mentioned above (with the possible exception of the
National Health Service Act) as regards the extent of its
application and the scope of its provisions.
It
will affect
almost the whole nation.
The new scheme of National Insurance is comprehensive
and unified.
It
covers the entire population above school age,
It
provides comprehensive benefits.
It
is unified as regards
administration and finance, subject to certain exceptions.
Thus, the Industrial Injuries scheme has
a
separate fund,
separate tribunals and a separate advisory committee. Service
pensions will continue to be dealt with by the Ministry
of
Pensions. And an assistance service is still retained and will
probably be administered by the Assistance Board, with certain
services in kind remaining with local authorities.
The National Insurance Act requires everyone who, after
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MODERN
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REVIEW
VOL.
10
the appointed day, is in Great Britain and fulfils the prescribed
conditions as to residence, and who
is
over school-leaving age
and under pensionable age, to become insured and to remain
insured for the rest of his life. The Act contemplates that
arrangements will be made with the Government of Northern
Ireland for a unified system with that country.
There are three classes of insured persons:
(1)
employed
persons,
i.e.,
those working under
a
contract of service;
(2)
self-employed persons,
i.e.,
those who are gainfully occupied
otherwise than as employees
;
(3)
non-employed persons,
Le.,
those who do not come within either of the above categories.
There are different rates of contribution for insured persons
according to the class to which they belong. Great mobility
between the three classes is assured by the rules which define
the classification. Thus, a person is deemed to be an employed
person for any week during any part of which he is employed,
so that
a
single day’s employment will determine his
classification for that week, no matter what he may do on
other days. He is deemed
to
be
a
self-employed person for any
other week during any part of which he is self-employed.
Employment is thereby given priority over other forms of
gainful work.
A
person
is
deemed
to
be non-employed for
any week in which he has not been either employed
or
self-employed.
Right to each of the benefits requires
a
specified number
of
‘
contributions of the appropriate class
’.
Unemployment
benefit requires contributions as an employed person, while
sickness benefit and maternity allowance require contributions
as
an employed
or
self-employed person. Contributions of any
class suffice for the other benefits. In some instances the Act
refers to
‘
contributions of the appropriate class
or
their
equivalent
’,
and where this occurs the Minister may prescribe
by regulations that
a
specified proportion of contributions of
one class shall be accepted in lieu of contributions
of
another
class. The Minister is also authorised to make regulations to
relieve from the obligation to contribute, persons who are
unemployed
or
incapable of work
;
unpaid apprentices and
students receiving full-time education
;
and persons not in
receipt of an income exceeding
2104
a
year who apply to be
excepted. Contributions will be credited to these excepted
individuals, but only for the purpose of entitling them to
unemployment
or
sickness benefit after they have ceased
to
be
excepted. These provisions are of great importance in
regard to housewives.
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