Page images
PDF
EPUB

14 & 15 GEORGE 5, CHAPTER 38.

55. TRANSFER FROM APPROVED SOCIETY TO DEPOSIT INSURANCE AND VICE VERSA. -(1) If an insured person, being a member of an approved society, ceases to be a member of that society and becomes a deposit contributor, there shall be carried to his credit in the Deposit Contributors Fund such sum as represents, in the opinion of the Minister, the value of the contributions paid by or in respect of him, regard being had in making the calculation to his age and the period during which he has been insured, and a sum equal to the amount, if any, by which his transfer value exceeds the sum so carried to the Deposit Contributors Fund shall be carried to the Reserve Suspense Fund, and shall so far as it represents outstanding reserve value be cancelled.

(2) If an insured person, being a deposit contributor, becomes a member of an approved society, the amount standing to his credit in the Deposit Contributors Fund shall be carried to the Reserve Suspense Fund, and there shall be charged to that fund and credited to the society a sum representing the amount which would have been the amount of his transfer value if he had been a member of an approved society instead of a deposit contributor.

(3) Any insured person who, being a deposit contributor, becomes a member of an approved society shall, for the purpose of any regulations relating to the benefits of persons in arrears, be treated subject to the prescribed modifications as if he had been a member of an approved society since the date of his entry into insurance.

Married Women.

56. MARRIED WOMEN.-(1) Where a woman being an insured person and a member of an approved society marries, she shall, if she had before the date of her marriage ceased, or if at any time during coverture and within twelve months after the date of her marriage she ceases, to be a person whose normal occupation is employment, cease as from the date of her marriage or as from the date on which she ceases to be such a person (which last date is hereinafter referred to as "the date of unemployment"), whichever is the later, to be entitled to the benefits to which she would otherwise have been entitled under the provisions of this Act, and in lieu thereof she shall

(a) subject to the provisions of this Act, be entitled to the following benefits, that is to say

(i) sickness or disablement benefit at the rate of seven shillings and sixpence a week for an aggregate of not more than six weeks in the period of twelve months commencing next after the date of unemployment, or if the date of unemployment was anterior to the date of her marriage, within so much of that period as is subsequent to her marriage ; (ii) maternity benefit in respect of her first confinement after the date of unemployment and within two years from the date of her marriage; (iii) medical benefit until the thirtieth day of June or the thirty-first day of December, whichever first occurs, next after the expiration of a period of twelve months from the date of unemployment;

(iv) any additional benefits provided by her approved society in accordance with a scheme under section seventy-five of this Act; and (b) until the expiration of two years from the date of her marriage, be treated as if she were an insured person.

(2) For the purposes of this section a woman shall be deemed to have ceased to be a person whose normal occupation is employment as soon as she has been unemployed for eight consecutive weeks commencing next after the contribution week in which she ceased to be employed:

Provided that a woman, who is or was unemployed by reason of incapacity for work arising from some specific disease or bodily or mental disablement, shall not be deemed to have ceased to be a person whose normal occupation is employment until the expiration of eight weeks commencing next after the end of the last contribution week in which she was incapable of work.

NATIONAL HEALTH INSURANCE ACT, 1924.

(3) If a woman, after becoming entitled to benefits by virtue of the preceding provisions of this section, becomes employed before she ceases to be an insured person, she shall, for the purpose of determining her title to benefits other than additional benefits, be treated as if she had become insured for the first time on the date on which she so becomes employed:

Provided that no woman shall, by reason only of so becoming employed, be deprived of any benefit to which she would but for the provisions of this subsection have been entitled, unless and until she becomes entitled to corresponding benefit by virtue of her new insurance.

(4) No married woman shall be entitled to be a voluntary contributor during coverture:

Provided that—

(a) nothing in this provision shall prevent a married woman who has been
employed for at least the prescribed number of contribution weeks in
any period being deemed to be a voluntary contributor for the purpose
of any regulations relating to the benefits of persons in arrears; and
(b) a married woman who, as having been on the first day of July, nineteen
hundred and eighteen, a special voluntary contributor, was on that
date in receipt of sickness or disablement benefit and who by reason of
the continuance of the incapacity was in receipt of sickness or disable-
ment benefit at the commencement of this Act, shall continue to be
entitled to sickness or disablement benefit so long as the incapacity
continues, and shall, on the expiration of a period of eight weeks com-
mencing next after the date on which the incapacity ceases, be entitled
to receive by way of benefit the sum of forty shillings.

(5) Where any woman, being an insured person and a member of an approved society, marries, the prescribed sum shall be transferred from the credit of the society to the credit of the Reserve Suspense Fund.

(6) Where any woman, being an insured person and a member of an approved society, marries and after her marriage continues to be or becomes an employed contributor, the appropriate reserve value shall be credited to the society in respect of her as if she were a person joining the society.

(7) In the case of a woman being a voluntary contributor who marries, this section shall apply as though the date of her marriage were the date of unemployment. (8) Subject as aforesaid, the provisions of this Act shall apply to a woman who has been married, both during and after coverture, as if she had never been married. (9) It shall be the duty of every woman who, being an insured person and a member of an approved society, marries to give notice of her marriage to her society within eight weeks thereof, and if an approved society pays to any married woman who has failed to give notice in accordance with the foregoing provisions any sum by way of sickness or disablement benefit in excess of the amount properly payable to her, the society shall, if it was not aware of her marriage, be entitled to deduct the amount so paid in excess from the amount of any benefits subsequently payable to her.

Members of the Forces of the Crown.

57. SEAMEN, MARINES, SOLDIERS, AND AIRMEN.-(1) For the purpose of providing seamen, marines, soldiers and airmen with such benefits during their term of service and after their return to civil life as are hereinafter mentioned, there shall be paid to the Minister by the Admiralty, Army Council and Air Council respectively, out of the moneys provided by Parliament for Navy, Army, and Air Force services, in respect of every seaman and marine within the meaning of the Naval and Marine Pay and Pensions Act, 1865 (28 & 29 Vict. c. 73), of every soldier of the regular forces (not being a soldier of His Majesty's Indian Forces, of the Royal Malta Artillery or a native soldier of any regiment raised outside the United Kingdom), and of every member of the regular Air Force, if such seaman, marine, soldier or airman is a member of an approved society, a sum of fourpence halfpenny in respect of each contribution week

14 & 15 GEORGE 5, CHAPTER 38.

or part of a contribution week for which he receives pay, and, if such seaman, marine, soldier or airman is not a member of an approved society, such sum per contribution week as may be prescribed:

Provided that the number of the persons in respect of whom payments are to be made under the foregoing provision shall be ascertained in such manner, and the sums to be paid thereunder shall be paid to the Minister in such manner and at such dates in each year, as shall be agreed between the Minister and the Admiralty, the Army Council and the Air Council respectively.

(2) Subject to the provisions of this Act, the Minister shall, out of the sums paid to him by the Admiralty, Army Council and Air Council under this section, retain towards discharging his liabilities in respect of reserve values under this Act or for the purpose of being applied otherwise as in this Act provided, the like amount as if each seaman, marine, soldier and airman in respect of whom a payment is made were an employed contributor and a member of an approved society, and, subject as aforesaid, the section of this Act relating to the sums to be retained by the Minister out of each weekly contribution paid by or in respect of an insured person being a member of an approved society shall have effect as if references therein to approved societies included a reference to the Navy, Army and Air Force Insurance Fund.

Subject as aforesaid, the Minister shall credit periodically to the approved societies of which the seamen, marines, soldiers and airmen are members the proper proportion of the balance of those sums, and shall credit the residue of those sums to the Navy, Army and Air Force Insurance Fund.

(3) This section shall not apply to a seaman, marine, soldier or airman who entered or enlisted before the age of sixteen until he attains that age, and on attaining that age shall apply to him as if he had entered or enlisted at the time when he attained that age.

66

(4) For the purposes of this section, marine " includes every warrant officer of marines, except Royal Marine gunners, and “soldier" does not include a soldier who has not been finally accepted for service.

66

(5) A person to whom this section applies is in this Act referred to as a man of

the forces.

[ocr errors]

58. POSITION of Men of FORCES WHO ARE Members of APPROVED SOCIETIES.A man of the forces who is a member of an approved society shall for the purposes of this Act be treated as if he had been employed within the meaning of this Act and a contribution had been paid in respect of him for each contribution week from the date of his entry or enlistment to the date of his discharge, subject, until his discharge, to the following modifications:

(1) He shall not be entitled to medical benefit, sickness benefit or disablement benefit:

(2) Maternity benefit shall be payable notwithstanding that both he and his wife are resident outside the United Kingdom at the date of the confinement, and the society may arrange with the Admiralty, Army Council or Air Council for the administration of the benefit through the Admiralty, Army Council or Air Council :

(3) There shall be credited to the approved society of which he is a member a sum equal to fivepence halfpenny for each weekly contribution paid, and an equal sum shall be treated as having been expended on benefits, and the proper proportion thereof shall accordingly be paid out of moneys provided by Parliament.

59. NAVY, ARMY, AND AIR FORCE INSURANCE FUND.-(1) The provisions of the last preceding section shall apply to men of the forces who are not members of approved societies, subject to the following modifications:

[ocr errors]
[ocr errors]

(a) There shall be credited to a special fund, to be called the Navy, Army and Air Force Insurance Fund (in this section referred to as the Fund"), a sum equal to fivepence halfpenny for each weekly contribution paid in respect of every man of the forces who has not joined an approved society, and an equal sum shall be treated as having been expended on benefits,

NATIONAL HEALTH INSURANCE ACT, 1924.

and the proper proportion thereof shall accordingly be paid out of moneys provided by Parliament:

(b) The weekly contributions to be made by the Admiralty, Army Council and Air Council in respect of men of the forces shall be such as may from time to time be required to keep the Fund solvent :

(c) Any man of the forces who was at the date of his entry or enlistment a deposit contributor, shall, for the purpose of dealings with the sum standing to his credit in the Deposit Contributors Fund, be treated as if the Fund were an approved society and he had at the date of his entry or enlistment become a member of that society:

(d) A man of the forces shall, until discharged, be entitled to maternity benefit payable out of the Fund, and shall be entitled to such benefit notwithstanding that both he and his wife are at the date of the confinement resident outside the United Kingdom, and the benefit shall be administered by the Admiralty, Army Council or Air Council, either directly or through insurance committees :

(e) A man of the forces, discharged from service as such, who proves that the state of his health is such that he cannot obtain admission to an approved society may, if he so elects, on making application to the Minister in the prescribed manner within three months of his discharge or such longer time as may be prescribed, become, subject to regulations made after consultation with the Admiralty, Army Council and Air Council, entitled to benefits (other than additional benefits) at the ordinary rates.

The cost of benefits shall be payable out of the Fund, and the benefits shall be administered by insurance committees or otherwise in accordance with the regulations aforesaid, and any contributions paid under this Act by or in respect of any such man shall be paid into the Fund:

Provided that

(i) Subject to the express provisions of this Act, no deduction from benefits shall be made on account of any pension to which a man may be entitled :

(ii) There shall in each year be repaid to the Fund out of moneys provided by Parliament a sum equal to two-ninths of the amount expended out of the Fund on benefits, including the expenses of administration:

(iii) If a man who is so entitled to benefits payable out of the Fund at any time becomes a member of an approved society for the purposes of this Act, he shall cease to be entitled to benefits out of the Fund, and there shall be debited to the Fund and credited to that society the transfer value which would have been so debited and credited if he had been at that time transferred from one approved society to another approved society.

(2) Provision may be made by regulations for applying to the Fund and to the members of the Fund, subject to the prescribed modifications, adaptations and exceptions, the provisions of this Act relating to approved societies and to members and membership of and transfer to and from approved societies, and relating to persons lapsing from insurance, and for providing benefits (other than additional benefits) out of the Fund to men of the forces who are not members of an approved society when discharged, for such period after discharge as may be prescribed.

(3) Regulations may provide that subject to the prescribed conditions, any person being a man of the forces discharged from service as such during, or within the prescribed period after the conclusion of, the late war shall, if he is certified by the Admiralty, Army Council or Air Council to be suffering from any disease or bodily or mental disablement and if, for any reason, he is not qualified under this Act to receive benefits out of the Fund, become or continue to be entitled out of the Fund to medical benefit.

60. MEN OF FORCES IN RECEIPT OF WAR PENSIONS.-(1) Where, in pursuance of

14 & 15 GEORGE 5, CHAPTER 38.

any Order in Council relating to pensions of officers or seamen and marines or other persons, or of any Royal Warrant or order relating to pensions of officers, soldiers or airmen or other persons, disabled in consequence of the late war, there has been granted to any person who was a man of the forces or who was an insured person at the time of his leaving naval, military or other pensionable service, a pension in respect of disablement in the highest degree, the rate of any sickness or disablement benefit to which that person may be entitled in respect of his insurance under this Act shall, throughout the period in respect of which that pension, or a pension of greater amount granted in lieu thereof, is payable, be reduced by seven shillings and sixpence a week, notwithstanding anything in this Act to the contrary:

Provided that a person to whom such a pension has been granted shall not be subject, or shall cease to be subject, to such reduction as aforesaid—

(i) as respects sickness benefit, if he proves that since leaving naval, military, or other pensionable service he has been employed within the meaning of this Act during twenty-six weeks, whether consecutive or not, and that twenty-six weekly contributions have been paid in respect of him; and (ii) as respects disablement benefit, if he proves that since leaving naval, military or other pensionable service he has been so employed during one hundred and four weeks, whether consecutive or not, and that one hundred and four weekly contributions have been paid in respect of him.

For the purposes of this subsection

(a) an allowance in lieu of pension to a person undergoing a special course of medical treatment or undergoing treatment in an institution or receiving training in a technical institution or otherwise; and

(b) a pension in respect of total disablement suffered in consequence of the late war granted before the first day of April nineteen hundred and seventeen, shall be treated as if the allowance or pension were a pension in respect of disablement in the highest degree.

For the purposes of this subsection, a person shall not be deemed to have been employed in any week unless he proves that the remuneration received in respect of the employment was such as to provide a substantial contribution towards his means of livelihood in that week.

(2) The society, committee or other body by which the sickness and disablement benefits of any person to whom subsection (1) of this section applies are administered may, pending the settlement of his claim for pension, pay him benefit at the unreduced rate, and where benefit at the unreduced rate has been paid pending the settlement, the amount of the difference between the benefit at the unreduced rate and at the reduced rate for that period shall be treated as an advance and shall, without prejudice to any other method of recovery, be recoverable by deductions from or suspension of any benefits which may subsequently become payable to the person in question, or may, if the Minister of Pensions thinks fit, be repaid by him out of any arrears in his hands of the pension due to that person.

(3) In calculating arrears of contributions for the purposes of this Act, no account shall be taken of any arrears accruing during any period when the person in question has been subject to a reduction of, or been disentitled to, sickness or disablement benefit by virtue of this section.

61. GENERAL PROVISIONS RELATING TO MEN OF FORCES.-(1) In the application of this Act to a man who is or has been a man of the forces

(a) the date of his entry or enlistment as a man of the forces, or if he was serving on the fifteenth day of July, nineteen hundred and twelve, that date shall, unless he was an insured person at the date of his entry or enlistment, be treated as the date of his entry into insurance; and

(b) subject to the provisions of this Act, a man of the forces during his term of service shall,

(i) if he joined an approved society before his entry or enlistment, be deemed to reside in that national area in which he resided immediately before his entry or enlistment;

« PreviousContinue »