Workmen's Compensation (Supplementary Allowances) Act 1940
| Jurisdiction | UK Non-devolved |
Workmen's Compensation (Supplementary Allowances) Act, 1940,
(3 & 4 Geo. 6.) CHAPTER 47.
An Act to provide for the payment of supplementary allowances to workmen entitled to weekly payments by way of compensation under the Workmen's Compensation Act, 1925, and for purposes connected therewith.
[8th August 1940]
B E it enacted by the King'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 Supplementary allowances to workmen entitled to weekly payments.
(1) Subject as hereinafter provided, where any workman is at any time while this Act is in force entitled to a weekly payment by way of compensation under the Workmen's Compensation Act, 1925 (which Act, as amended by any subsequent enactment, is referred to in this Act as ‘the principal Act’), he shall, whether the accident giving rise to the compensation happened before or after the commencement of this Act, be entitled, in respect of each week after the commencement of this Act in respect of which he is entitled to the weekly payment, to—
(a ) a supplementary allowance at a rate not exceeding five shillings a week; and
(b ) in the case of a male workman who has children under the age of fifteen years, a supplementary allowance in respect of each such child at a rate not exceeding four shillings a week for the eldest or only child under that age and for the second child under that age, and not exceeding three shillings a week for any additional child under that age.
(2) Where the weekly payment is in respect of total incapacity or equals the amount which would be payable to the workman in the case of total incapacity resulting from the injury, any such allowance shall be the maximum allowance specified in the foregoing subsection, and in any other case shall bear the same proportion to the maximum allowance as the weekly payment bears to the amount of the weekly payment which would be payable to the workman in the case of total incapacity:
Provided that the total amount of the supplementary allowances payable in respect of any weekly payment shall not exceed such sum as would, together with the said weekly payment, amount—
(a ) in the case of total incapacity, to seven-eighths of the average weekly earnings of the workman before the accident, calculated in like manner as for the purpose of ascertaining the weekly payment; or
(b ) in the case of partial incapacity, to seven-eighths of the difference between the amount of the said average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident.
Any reference in this subsection to the average weekly earnings of the workman before the accident shall be construed, in a case where the amount of the weekly payment is increased as a result of a review under subsection (2) of section eleven of the principal Act, as a reference to the weekly sum which he would probably have been earning at the date of the review if he had remained uninjured.
(3) The supplementary allowances shall be deemed to be part of the said weekly payment for all purposes except—
(a ) the calculation of the compensation payable in a case where death results from the injury;
(b ) the provisions of section fifty-one of the National Health Insurance Act, 1936 (which limits the benefit payable under that Act in cases where compensation is payable under the principal Act);
and the allowances shall accordingly be payable by the employer liable to make the weekly payment:
Provided that the provisions relating to the redemption of weekly payments shall have effect subject to the modifications contained in the next following section of this Act.
(4) Any workman who is entitled while this Act is in force to two or more concurrent weekly payments shall be entitled to supplementary allowances in respect of each such weekly payment:
Provided that the aggregate of such allowances shall not exceed the maximum allowances respectively specified in paragraph (a ) and paragraph (b ) of subsection (1) of this section and where, but for this provision, the aggregate would exceed those maximum allowances and the weekly payments are not all payable by the same person, the several persons liable to make the weekly payments aforesaid shall only be liable to pay such allowances as bear to the said maximum allowances the same proportions as their respective weekly payments bear to the aggregate of the weekly payments.
(5) In this section the expression ‘child’ means, in relation to a male workman entitled to a weekly payment,—
(a ) any legitimate or illegitimate child born to him not later than nine months after the accident giving...
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