Workmen's Compensation and Benefit (Supplementation) Act 1956
| Jurisdiction | UK Non-devolved |
Workmen's Compensation and Benefit (Supplementation) Act , 1956
(4 & 5 Eliz. 2) 51
An Act to provide for the payment of allowances out of the Industrial Injuries Fund with a view to supplementing workmen's compensation and benefit, and for purposes connected therewith.
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:—
1 Persons to whom this Act applies.
(1) The persons to whom this Act applies are the following, namely,—
(a ) any person who is, or has since the commencement of this Act been, entitled in respect of an injury or a disease (other than pneumoconiosis or byssinosis) to weekly payments by way of workmen's compensation and, as a result of that injury or disease, is incapable of work and likely to remain so incapable for a considerable period;
(b ) any person who is, or has since the commencement of this Act been, entitled in respect of pneumoconiosis to weekly payments by way of workmen's compensation, being a person who is certified under a compensation scheme to be totally disabled or with respect to whom it is determined in accordance with regulations to be made by the Minister of Pensions and National Insurance (in this Act referred to as ‘the Minister’), that he is so disabled;
(c ) any person who is, or has since the commencement of this Act been, entitled in respect of byssinosis to weekly payments by way of workmen's compensation;
(d ) any person who is entitled, in respect of total disablement as a result of a disease to which the Pneumoconiosis and Byssinosis Benefit Act, 1951 (as extended by the Industrial Diseases (Benefit) Act, 1954) applies, to payments by way of weekly allowance under the first-mentioned Act;
(e ) any person who, as the joint result of two or more injuries or diseases in respect of each of which he is, or has since the commencement of this Act been, entitled to any such payments as are mentioned in the foregoing paragraphs, is incapable of work and likely to remain so incapable for a considerable period.
(2) For the purposes of this section—
(a ) the expression ‘workmen's compensation’ means compensation under the Workmen's Compensation Acts, 1897 and 1900, the Workmen's Compensation Act, 1906, the Workmen's Compensation (Silicosis) Act, 1918, the Workmen's Compensation Acts, 1925 to 1938, or section one of the Workmen's Compensation and Benefit (Byssinosis) Act, 1940, or under any contracting-out scheme duly certified under any of those Acts;
(b ) a payment under the Workmen's Compensation (War Addition) Acts, 1917 and 1919, under the Workmen's Compensation (Supplementary Allowances) Act, 1940, as amended by the Workmen's Compensation (Temporary Increases) Act, 1943, or under the Workmen's Compensation (Supplementation) Act, 1951, shall be treated as a weekly payment by way of workmen's compensation;
(c ) the expression ‘compensation scheme’ means a scheme made under the Workmen's Compensation (Silicosis) Act, 1918 (as originally enacted or as extended by the Workmen's Compensation (Silicosis) Act, 1924) or section forty-seven of the Workmen's Compensation Act, 1925 (as originally enacted or as extended by any subsequent enactment);
(d ) a person shall be deemed entitled to weekly payments by way of workmen's compensation at any time when he would be so entitled if the amount of any payment, allowance or benefit received by him otherwise than by way of workmen's compensation were sufficiently reduced;
(e ) a period shall be treated as considerable if it lasts or can be expected to last for not less than thirteen weeks;
(f ) the expression ‘pneumoconiosis’ has the meaning assigned to it by subsection (3) of section fifty-seven of the National Insurance (Industrial Injuries) Act, 1946, and, in the case of a person who suffers from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis may be treated as if they were effects of the pneumoconiosis.
(3) A person may be treated for the purposes of this section as being, as a result of an injury or disease or as the joint result of two or more injuries or diseases, incapable of work and likely to remain so incapable for a considerable period notwithstanding that the disability resulting from the injury or disease or, as the case may be, from the injuries or diseases taken together is not such as to prevent him being capable of work, if it is likely to prevent his earnings (as defined by subsection (1) of section eighty-eight of the National Insurance (Industrial Injuries) Act, 1946) exceeding fifty-two pounds in a year.
2 Right to, and rate of, allowances under this Act.
(1) Subject to the provisions of any regulations made under the following provisions of this Act, a person shall in respect of any period after the appointed day during which he is one to whom this Act applies, be entitled to receive, out of the Industrial Injuries Fund, an allowance at the rate of seventeen shillings and sixpence a week.
(2) In this section the expression ‘the appointed day’ means such day as the Minister may by order (made by statutory instrument) appoint.
3 Ancillary provisions.
(1) The Minister may by regulations make provision—
(a ) with respect to the making of claims for, and awards of, allowances under the last foregoing section and for the determination (either in like manner as if they had arisen under the National Insurance (Industrial Injuries) Act, 1946, or in such other manner as may be prescribed by the...
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