Workmen's Compensation (Temporary Increases) Act 1943

JurisdictionUK Non-devolved
Citation1943 c. 49
Year1943


Workmen's Compensation (Temporary Increases) Act, 1943

(6 & 7 Geo. 6.) CHAPTER 49.

An Act to increase temporarily the supplementary allowances payable to workmen entitled to weekly payments by way of compensation under the Workmen's Compensation Act, 1925, and the compensation payable under that Act on the death of workmen; and for purposes connected with the matters aforesaid.

[11th November 1943]

Be 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:—

S-1 Supplementary allowances.

1 Supplementary allowances.

(1) Subsection (1) of section one of the Workmen's Compensation (Supplementary Allowances) Act, 1940 , shall, as respects weeks falling within the period during which this Act is in force, have effect as if for the words—

‘(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’,

there were substituted the following words—

‘(a ) a supplementary allowance at a rate not exceeding five shillings a week in the case of a week falling within the first thirteen weeks in respect of which he is entitled to a weekly payment and not exceeding ten shillings a week in the case of any other week; and

(b ) in the case of a male workman who has a wife who was married to him at the time of the accident, a supplementary allowance in respect of her at a rate not exceeding five shillings a week in the case of any week falling within the first thirteen weeks in respect of which he is entitled to a weekly payment and not exceeding ten shillings a week in the case of any other week; and

(c ) 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 five shillings a week:

Provided that a child who,—

(i) has attained the age of fifteen years; and

(ii) was, when he attained that age, a child receiving full-time instruction in a school,

shall be treated for the purposes of paragraph (c ) of this subsection as if he did not attain that age until the date on which he ceases to be a child receiving full-time instruction as aforesaid or the thirty-first day of July next following the day on which he attains the age of sixteen years, whichever is the earlier date’.

(2) Subsection (2) of the said section one shall, as respects weeks falling within the period during which this Act is in force, have effect as if for the words ‘Provided that the total amount of the supplementary allowances’ there were substituted the following words—

‘Provided that the supplementary allowance payable under paragraph (a ) of subsection (1) of this section in respect of a weekly payment, or, where supplementary allowances are payable both under paragraph (a ) and paragraph (b ) of that subsection in respect of a weekly payment, the total amount of both those supplementary allowances, shall not exceed such sum as would, together with the said weekly payment, amount—

(i) in the case of total incapacity, to two-thirds 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

(ii) in the case of partial incapacity, to two-thirds 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,

so, however, that the amount payable shall not, by virtue of this proviso, be reduced below what it would have been...

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