National
Insurance
Act, 1913.
[3 & 4 GEO. 5.
CH. 37.]
ARRANGEMENT
OF SECTIONS.
A.D.
1913.,
`Section.
1. Provision
of additional money by
Parliament.
2. Extension
of
time for taking advantage
of Act.
3.
Abolition
of
reduction
of benefits
in
certain
cases.
4. Insured persons.
5.
Exemptions.
6.
Employment
within
meaning
of
principal
Act.
7.
Arrears
of contributions.
8.
Reduction,
&c.,
of
benefits on account
of arrears.
9.
Benefits of exempted
persons.
10.
Medical
benefit.
11.
Alternative
arrangements
for the panel system.
12.
Sickness
benefit.
13. Amendment
of
paragraph
(c)
of
s. 8 (1)
of
principal
Act.
14.
Maternity benefit.
15.
Amendment
of
s.
12
of
principal Act.
16.
Provisions
as to societies
having
members
in
more
than
one part
of the
United
Kingdom.
17.
Variation
in
rules of
approved societies.
18.
Provisions
as
to associations.
19.
Special
provisions
as
to casual and
intermittent
employment.
20.
Woman
of
British
nationality
married to an
alien.
21.
Special
provision
for aliens.
22.
Extension
of
s.
46
of
the principal
Act
to
warrant
officers
of
marines,
&c.
23.
Provisions
as
to
the
mercantile
marine.
24.
Amendment
of
s.
51 of
principal
Act.
25.
Power
to
treat
all
employees
of an employer as
being
remunerated
at
normal
rate.
26.
Employers
in
case
of outworkers.
27.
Decision
of
disputes.
28.
Extension
of
powers
of
Commissioners
to
make
regulations.
29.
Joint
committee
and
Insurance
Commissioners.
30.
Insurance
committees.
31.
Expenses
of
insurance
committees.
32.
Consultation
with
practitioners
who have
entered into
agreements
with
insurance
committees.
A
1
[Cu.
37.]
National
Insurance
Act,
1913.
[3
&
4
GEO. 5.]
A.D.
1913.
Section.
33.
Committees
elected
by persons,
&c.,
supplying
drugs
and
medicines.
34.
Offences
and
legal
proceedings.
35.
Provision
as
to
marriage
certificates.
36.
Change
of
name
of
Post
Office
Fund.
37.
Exemption
of documents
from stamp
duty.
38.
Power
to
take
evidence
on
oath.
39.
Agreements
with
Metropolitan
Asylums
Board.
40.
Revocation
and
amendment
of orders
and extension
of
time
for
making orders
under s.
78
of
principal
Act.
41. Special
provisions
as to
Scotland.
42. Special
provisions
as
to
Wales.
43.
Short
title,
construction.
SCHEDULES.
2
[3
&
4
GEO.
5.] National Insurance
Act,
1913. [CH.
37.]
CHAPTER
37.
An Act
to amend Parts I. and III. of the National A.D.1913.
Insurance Act, 1911.
[15th
August 1913.]
13E
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.-(1) In
addition to the
moneys
which under Part I. of
Provision
of
the National
Insurance
Act, 1911
(in this Act
referred to as the
additional
mone
4C
principal
Act "), are required to be contributed out
of
moneys
Parliament.
provided by Parliament
towards
defraying the cost
of
any of
1
&2
Geo. 5.
the
benefits conferred
by
Part
1.
of
that Act or the
expenses
c. 55.
of administration
of
any of those benefits or otherwise
for the
purposes
of that Act, there shall be contributed out
of moneys
provided
by Parliament towards such
costs
expenses and
purposes,
such additional sums as
Parliament may from
time
to time determine, and the provisions
of the
principal Act as
to the manner
in
which the cost of
benefits
and the
expenses of
administration are to be
defrayed
shall be construed as applying
only to the balance
of
such cost and expenses after such
additional sums
have
been
applied for
the purposes for which
they
have
been
provided.
(2) Any additional sums
so
contributed
for
the purpose of
medical
benefit shall be
applicable
towards
the
payment of
medical attendance and treatment
of
members
of societies
who
are
not
insured persons mentioned in paragraph (e) of sub-
section (2) of section fifteen of the
principal
Act as amended by
this
Act
in
like manner
and
to
the
like
extent as
if
such
medical
attendance
and treatment were
medical benefit.
2.-(1)
If a person not having been previously
insured Extension of
becomes an
employed contributor before
the
thirteenth
day of
taking time for
advantage of
October nineteen hundred and
thirteen, the
rate
of
sickness
Act.
benefit to which
he
is entitled shall
not
be
reduced by
reason
only
that he did
not
become
an employed
contributor within
one year after
the commencement
of
the
principal
Act,
A 2 ,
3
[CH. 37.]
National Insurance Act, 1913.
[3
& 4
GEO.
5.]
A.D. 1913.
notwithstanding
that at the
time
of
becoming
an
employed
contributor he is
of
the age
of
seventeen or upwards,
and
accordingly
subsection
(4)
of section
nine,
and
subsection (5)
of section fifty-five, of
the
principal Act shall
have
effect,
and
shall be deemed always
to have had
effect, as if "
sixty-five
weeks
" were therein substituted
for
"one year."
(2)
The period
within
which a person
may
enter
into
insurance as a
voluntary
contributor at the rate
referred
to
in
subsection
(1) of section
five
of the
principal
Act shall be
extended to
the
twelfth
day
of October
nineteen hundred
and thirteen,
and
accordingly
proviso
(a) to subsection
(1)
of
section five and subsection
(3)
of section fifty-five of the
principal Act shall have effect, and shall be
deemed
always
to
have had effect, as if " sixty-five
weeks"
were therein
substituted for
"
six months."
Abolition
of
3.-(1) The rate
of
sickness benefit shall not be
reduced
redaction
of
benefits
in
in the case of an insured person who became an employed
certain
cases.
contributor within
one year
after the commencement of the
principal Act by reason
that
at the date
of
so becoming an
employed contributor
he was
of
the age of fifty
years or
upwards, and accordingly
subsection
(3)
of
section
nine
and
Table
C
in Part I.
of the Fourth
Schedule
to
the
principal
Act
shall be
repealed.
(2) Part I.
of the
principal
Act shall
apply to persons who
at the commencement of the
principal Act
were of
the age
of
sixty-five or
upwards
and
under the age of seventy, and to
persons
who have
since
the commencement of
the principal
Act
attained
or
may hereafter attain the age of sixty-five
in
like manner as
it
applies to other
persons, and
accordingly
subsection (4)
of
section
one,
paragraph
(a) of
subsection
(4)
of
section four,
and section forty-nine of the principal Act shall
be
repealed :
Provided
that
a person who is
of the age of
sixty-five
or
upwards
at the
time
of entering
into
insurance shall
not
be
entitled to medical benefit after he attains the age of seventy,
unless
the
number
of weekly contributions paid by or
in respect
of
him
exceeds
twenty-six.
(3) The Insurance
Commissioners
may make
such
regulations
as
they may
consider
necessary for providing, in
the case of any
such classes as aforesaid, for
the transition
from
the provisions
of the principal
Act affecting
them to
the
provisions of that
Act
as amended by
this section.
Insured
per-
4. Paragraph (b)
of
subsection (3) of section one of the
sons.
principal
Act
shall
have
effect
as if there were
added thereto
" or, being of the
age
of sixty or
upwards, show to
the satis-
faction of the
Insurance
Commissioners
that
they
have
ceased
to
be
insurable as employed
contributors,"
and,
where
any
persons
who
by
virtue of
this
section
are entitled to become
voluntary contributors
become such
contributors, the rate of
contribution
payable
by
them
shall continue
to
be
the employed
rate.
4
[3
& 4
GEO.
5.] National
Insurance Act, 1913.
[CH. 37.]
5. After paragraph
(b) of subsection
(1)
of section two of
A.D.
1913.
the
principal Act which relates to
exemptions,
the
shall be
added:-
g Exemptions.
(c)
Ordinarily and mainly dependent
for
his
livelihood
on the
earnings derived by
him from
an occupation
which is
not employment within the
meaning
of this
Part
of
this
Act."
6. There shall
be
added to
Part I.
of the First Schedule
Employment
to
the principal Act, which specifies the
classes of employment
within
pr
mean-
ing
is
employment
within Part I.
of
the
principal Act, the
cipal
met.
which
following paragraph
:-
(e)
Employment under
any
local
or other
public
authority
except such as
may
be excluded by a special order.
7.-(1)
Where an employed contributor who
is
a member
Arrears
of con-
of
an approved
society pays to
the
society
such part
of any
tributions.
arrears
which have
accrued
due by
or
in respect
of
him during
any
period
of
unemployment
as would have
been
payable
other-
wise than by the employer
had he
continued
in
employment,
the part
which would have
been
so
payable by the employer
shall
be excused, and the amount of the
member's
arrears shall
be
reduced
accordingly.
For the purpose
of calculating
the parts which would
have
been
payable by the
employer
and otherwise
than
by an employer
had an
employed contributor continued
in
employment, the rate
of his remuneration
shall be deemed to exceed
two shillings..
and
sixpence a working day, unless he proves to the
satisfaction
of the society that
his
usual rate of remuneration was two shillings
and sixpence
a working
day or less,
in
which case
his rate
of
remuneration
shall be
deemed to
be
such
usual rate.
(2) Where
in
any
year
a
society,
or, in the
case of
a society
with
branches,
a branch of a society, proves to the satisfaction
of
the
Insurance
Commissioners that the total number of weekly
contributions which accrued
due
as arrears during the
preceding
year in respect of all its members who were employed. contribu-
tors exceeded the standard
number (that is
to say, three weekly
contributions
for
every such
member) then, for the
purpose of
recouping to the
society
the loss
it
will suffer, there shall be
paid to the society,
or
to the
society
on
behalf of
the branch,
as the case
may
be, out
of the
sums
retained by the
Insurance
Commissioners for discharging their
liabilities in respect
of
reserve values, the prescribed amount
for
every
week
by
which
the standard was so exceeded, but
not
exceeding
the
total
amount
so excused as aforesaid:
Provided that,
if
the aggregate amount so payable
in
any
year exceeds one hundred thousand pounds, the excess shall be
paid
out of
moneys provided by Parliament.
(3)
The Insurance Commissioners
may
make
regulations
for
carrying this section
into
effect.
5
[CH.
37.]
National
Insurance
Act,
1913. [3
& 4
GEO.5.]
A.D.
1913.
8.
Subject
to
the provisions of
subsection (4)
of
section ten
of the principal
Act,
insured
persons who
are in arrear shall be
of
Reduction,
benefits on
liable
to
such
reduction,
postponement
or
suspension of
benefits
e
account
of
as may
be
prescribed so, however, that
any such
reduction,
arrears,
postponement
or suspension of
benefit shall be approximately
equivalent
to
the
value of the loss occasioned
by the
failure
to
pay the contributions
in arrear, and the provisions
of the principal
Act regulating the
reduction, postponement
and suspension of
benefits
on account of arrears shall cease
to
have effect,
and the
regulations of the
Insurance
Commissioners
may
prescribe
the
time
within which,
and
the conditions
under
which, arrears may
be paid
up.
Benefits
of
ex- 9.-(1)
Regulations made
by the
Insurance
Commissioners
empted
per-
under
subsection
(4)
of section
four
of
the
principal
Act
shall
sons.
provide for applying the
contributions
paid in
respect
of
persons
who
hold
certificates of exemption
in providing medical
benefit
and sanatorium benefit
for
such persons and the cost of
the
administration of such
benefits,
and such
persons
shall,
if
they
fulfil
such conditions as
may
be
imposed
by those
regulations,
become
entitled to
medical
benefit and sanatorium benefit
as if
they
were members
of
approved
societies, and the provisions of
the principal Act and this Act with respect
to
the
payment
and
administration
of those benefits
(including
those
relating
to
the
application of
moneys`
provided by
Parliament
towards the cost
of those benefits and
the expenses of the
administration
thereof)
shall,
subject
to
any modifications, adaptations,
and
exceptions
contained
in
the
regulations, apply
accordingly :
Provided that-
(a)
the
conditions so imposed
shall
not require
payment
of
upwards
of twenty-six weekly
contributions
before the person becomes
entitled
to such
benefits;
(b)
where
the
total
income from all
sources of any such
person exceeds
one hundred and
sixty pounds
a
year, he
shall
be
required to make
his
own
arrangements
for
receiving medical attendance
and
treatment, and subsection
(3)
of section fifteen
of
the
principal
Act shall apply accordingly.
(2)
This
section
shall apply to persons in Ireland with this
modification, that the
benefits
to be provided
shall be
such as
may be specified in a
scheme
framed
by the Irish
Insurance
Commissioners, but the
sum to be contributed
out
of
moneys
provided
by
Parliament
towards
the cost
of
those
benefits
and
the administration thereof shall
be
the same
as if the
benefits
were benefits to
insured
persons.
Medical
bene-
1O.--(1) No voluntary
contributor
whose total income
from
fit.
all
sources exceeds one
hundred and sixty pounds
a
year
shall
be entitled to
receive medical
benefit, but
in
that case
the
weekly
contribution
which
would
otherwise
be
payable by
him
shall be reduced by one penny.
6
[3
&
4
GEO.
5.]
National
Insurance
Act,
1913. [Cu. 37.]
(2)
Paragraph (e) of subsection
(2)
of section fifteen of the A.D. 1913.
principal Act shall extend to
members
of societies
other than
such
friendly
societies
as
are
mentioned in that paragraph
who
were
at
the date of the passing of
the
principal Act entitled as
such
members
to
medical
attendance and
treatment in like
manner
and subject to the
like
conditions as
it applies to
members
of such
friendly
societies.
11. If the
Insurance Commissioners
are
satisfied
that
the
Alternative
insured persons
or
any considerable proportion
of
them
within
arraneements
for
the
panel
an
area, or part
of an
area, are not
receiving
satisfactory
medical
system.
treatment
under the panel
system, the
Commissioners may
authorise
the
insurance
committee to make,
or
may themselves
make, such other arrangements as will secure to insured persons
within the area or part such
better
medical service
as
is
practicable having regard
to the
funds
available
for
the
purpose,
or
arrangements whereunder
insured
persons within the area,
or
part
of the area,
may
be
required
to make their
own
arrange-
ments
for receiving medical
attendance and treatment, including
medicines and appliances, and whereunder the
insurance
com-
mittee or the Insurance Commissioners undertake to
pay
the
cost of such
medical
attendance and treatment upon such scale
as
they
may determine with
the
approval
of the Commissioners
so calculated that the
medical
attendance and treatment so
secured
shall be of
a quality not
inferior
to that provided
under
the panel
system.
12.-(1)
So much
of
subsection
(5)
of section eight of the
sickness
bene-
principal Act
as
requires the payment
of
fifty contributions at
between
two
periods of
disease
or
disablement
in
order to
prevent the
one being treated as
a
continuation of
the
other
shall cease to
have
effect.
(2)
At the end of the same subsection
the
following provision
shall be added-
" Where
by
virtue
of subsection (1) of
section
eleven of this
Act a part only of sickness benefit
has
been
paid
to an insured
person,
he
shall,
for
the purposes of
this
subsection, be treated
as
having been in receipt
of
sickness benefit
for
a period
bearing
the same proportion to the whole period
in
respect of which
such part
benefit
was paid
to
him as that part bears to the
whole benefit, and the period so
resulting
shall
be deemed
to
have
been
continuous
and
to
have
expired on
the last day of
the
incapacity in respect of which the
partial benefit
was
paid."
13. Paragraph (c) of
subsection
(1)
of
section eight of the
Amendment
principal
Act
shall
have effect as if
for
the words " commencing
of
of
aparagraph
)
from the
fourth
day
after being so
rendered incapable
of work
of
principal
there
were substituted the
words
" commencing on the fourth
Act.
" day of such
incapacity,"
and
for
the purposes of that paragraph
as so
amended a day on which the
incapacitated person
was
prevented
by the
incapacity from doing
any effective work
shall be
treated
as a
day
of
incapacity,
but a Sunday shall not
7
[CH. 37.] National Insurance Act,
1913. [3
& 4 GEO. 5.]
A.D.
1913.
be so
treated,
unless
the
incapacitated person
would
but
for
the
incapacity
have
worked on
that day.
Maternity
14.-(1) Maternity
benefit
shall
in
every
case
be the
benefit.
mother's
benefit, but,
where
the benefit is payable
in
respect of
the
husband's insurance, the
wife's
receipt, or his receipt, if
authorised by her, on
her
behalf, shall be a sufficient discharge
to the society or committee, and, where the benefit
is
paid to the
husband, he shall
pay
it
to
the wife, and in subsection
(1)
of
section eighteen of
the
principal
Act for
the words "
treated as
" a benefit
for her husband,
and
shall
be
administered in cash or
" otherwise by the approved society
of
which he is a member "
there shall be
substituted
the
words
"
administered in the
" interests of the mother and child in cash or otherwise by the
" approved
society of which the
husband is a member."
(2)
At the
end of
subsection
(1)
of section eighteen
of
the
principal Act
the
following words
shall be
inserted
:-
" Where
a woman who is
an employed contributor
is the wife,
or,
if the
child
is
a posthumous
child, the
widow,
of
an insured
person,
then-
(a) if her husband is, or was at the
date
of
his
death, a
member of an approved society, and
by
reason of an
insufficient number of
contributions
having
been
paid
by
or in
respect
of
him,
or on account of arrears, no
maternity
benefit
is
payable
in
respect
of
his insurance,
she shall, oh
her
confinement, be entitled
to receive in
respect of
her
own
insurance
such sum
as she would
have been entitled to
receive if he had not
been an
insured person ; and
(b)
If her
husband is,
or was at the date of
his death,
a
deposit contributor, and by reason of an insufficient
number of contributions
having
been paid by or in
respect of him
or
of the
insufficiency
of the
sum
standing to
his credit in the Deposit Contributors
Fund, no maternity benefit or a sum
less
than the
full
maternity
benefit
is payable
in respect
of
his
insurance, she shall, on
her
confinement,
be entitled
to
receive, in respect
of
her
own insurance,
such sum
as, with the sum (if any) payable in respect
of
her
husband's insurance,
is
equal to
the sum
she
would
have
been entitled
to receive if he had not
been an
insured
person."
(3)
Where a woman
confined
of
a child is
herself an
insured
person and
is a married woman or,
if the
child is a posthumous
child, a
widow, she shall,
in lieu
of
any sickness
or
disablement
benefit
to which she may
be entitled
under
subsection
(6) of
section eight of
the principal Act, be
entitled to
receive a
maternity
benefit
from
the society of which she is a member
or the
insurance
committee,
as the
case
may
be,
in
addition to
any maternity
benefit to which she may
be otherwise
entitled
in respect
of her husband's
or her own
insurance,
and every
8
[3 &
4
GEO.
5.]
National
Insurance Act,
1913.
[CH. 37.]
approved
society
and insurance committee shall
make
rules
to
A.D. 1913.
the
satisfaction of
the Insurance Commissioners
requiring
any
woman in respect of
whom any
such sum is
payable
in respect
of
her
own
insurance to abstain from remunerative work during
a period of
four
weeks after her confinement.
(4) So much of
subsection
(1) of section
eighteen
of the
principal Act as
provides
that if a duly-qualified medical
prac-
titioner
is
summoned in pursuance of
the
rules
made under
the
Midwives Act, 1902, the prescribed
fee
shall,
subject
to regula-
2
Edw. 7.
C.
17.
tions
made
by the
Insurance
Commissioners, be
recoverable as
part of the
maternity
benefit,
shall cease
to
have
effect.
15.-(1) Section twelve
of the principal Act shall have effect
Amendment
as though
proviso
(1)
to
subsection (2) of
that
section
were
of s. 12
of
omitted therefrom, and any sum which, but
for
the
provisions
principal
Act.
of that section, would
have
been payable to any
person
on
account of
sickness,
disablement, or maternity benefit, if and
so
far
as
it is not
paid
or applied
in
accordance with the
pro-
visions of
that section
while
the person
to or in
respect
of whom
it would have been payable
is
an
inmate
of any workhouse,
hospital, asylum, convalescent home, or infirmary, may, if the
society or committee
administering the
benefit
thinks
fit, be
applied
in
the
provision
of any surgical
appliances required
for
the person or otherwise
for his
benefit after
he ceases
to be
an
inmate,
or,
if it
is
not
so expended, shall be paid
in
cash to the
person after leaving the institution, in
a
lump sum
or
in instal-
ments
as the society or committee thinks
fit,
and,
where any sum
which apart from section twelve of
the
principal Act would
have
been payable on account
of sickness benefit
has
been
paid
or applied under
that section as amended by this section,
it
shall be treated
as
a payment
in
respect of sickness benefit
for
the purpose of
determining
the
rate
and
duration
of that
benefit.
(2) Proviso (ii) to subsection
(2)
of section twelve of the
principal Act shall
have
effect as if
for
the
words "both on
" account
of sickness or disablement
benefit
and on account of
maternity
benefit"
there
were
substituted
the
words " both
on account of maternity benefit payable
in lieu
of sickness
or
disablement benefit and on account of
maternity
benefit
not
so
payable,"
and for the words "
which would
otherwise be
payable
on
account of
maternity benefit
"
there
were substi-
tuted
the
words " which would otherwise be payable on account
" of such
last-mentioned maternity
benefit."
16.-(1)
So much
of subsection
(3)
of section
eighty-three of
Provisions as
the
principal
Act as
provides that the
regulations made under
to societies
that
subsection
shall
require that
in
the case of a society
or
having mem-
bers
in more
branch
which
has
amongst its members persons
resident
in
than
one part
England,
Scotland, Ireland, and
Wales,
or
any
two
or any three
Kinga
United
of such parts of
the
United
Kingdom,
the
members
in each such
parts shall,
for
the
purposes
of Part
I.
of
the
principal Act
relating to valuations, surpluses, deficiencies,
and transfers,
be
treated as
if
they formed
a separate
society,
is
hereby
repealed :
9
[3 &
4 GEO. 5.] National
Insurance Act,
1913.
[Cii.
37.]
This
subsection
shall apply
as respects the members of a
A.D.
1913.
branch of a society
resident in a part
of the
United
Kingdom
other than that
in
which
the registered office of the branch is
situated, notwithstanding .that the
society
is approved for
that
part,
unless the
joint
committee, on the
application of the
society, otherwise
determine,
but
no
branch
to which
the said
provisions apply shall admit as a
member
of the branch any
person
resident
at the time of admission
in
any
part
of the
United
Kingdom
other
than that
in
which the registered office
of the branch
is
situated.
(5)
For
the
purposes
of
facilitating
adjustments
in
respect
of
persons
removing
from
Ireland
to
Great
Britain or
from
Great
Britain
to
Ireland,
the transfer values and reserve values of
persons
resident in Ireland shall be calculated as if they were
resident
in Great Britain,
and,
where any member
of
an
approved
society is at the
time of
attaining the
age
of seventy resident
in
Ireland, the prescribed part of
his
transfer
value
shall
be
carried
by
the
society of which
he is a member to a separate
account
and
dealt
with
in
such
manner
as may
be
prescribed.
17. Where
the
executive
body of a society
show
to the variation
in
satisfaction of the
Commissioners
that it
is
of
importance to
the
rules
of
s p
roved -
society
that
the
rules of the society should be amended
or
varied
cieties.
immediately, but that, owing to the requirements of the rules
the amendments or
variation cannot
be
made without delay
or
without the authority of a
meeting
of the society, or
some
committee,
or
delegate body, and that that meeting cannot be
held without undue delay
or
expense, the Commissioners may,
on the.
application
of the executive body, authorise the
variation
or amendment
if
rendered
necessary
by the passing of this Act
to come
into force
immediately, and continue in force until
the
delay required has elapsed, or
until
the time
at
which
the
meeting would in ordinary course have been
held,
and, where
the rules require
the
sanction of a special general meeting,
the
Commissioners may authorise
the
substitution
of
the
sanction of
the
annual general meeting.
18.
An approved society may join and
remain
in an
Provisions
as
association
for
the purposes of section thirty-nine of the
to associations.
principal Act notwithstanding that
the
number
of
its members
for
the purposes of
Part I. thereof is less than
fifty or
more
than
five
thousand,
and,
in calculating
for the purposes
of that
section
the
number
of
persons
who
are
such
members, no
account
shall be taken of members
who by
reason of
marriage
are
suspended
from receiving ordinary
benefits
and are not
special
voluntary
contributors
or who are
not insured persons.
19.-(1)
The Insurance
Commissioners
may, by special
order,
Special
pro-
modify
the
principal
Act in
its
application
to persons whose
casuisana
to
n
modify
is of
a casual
or
intermittent
nature,
and the
termittent
employers
of such
persons,
and any
such
order
may apply
either
employment.
generally or
to any
one or more
particular
trades
or
industries
11
[3 & 4
GEO.
5.] National Insurance Act, 1913.
[CH.
37.]
society or which
proves to
the
satisfaction of the Insurance
A.D. 1913.
Commissioners that
it
has
organised,
either
solely or
jointly -
with other bodies, an
approved society for
the benefit of
its
" members."
22. For the purposes of section forty-six of the principal
Extension
of
Act "
marine
"
includes
every warrant officer
of
marines,
except
s.
46
of the
Royal Marine
gunners, and
"
soldier
"
does not include a soldier
principal
pant
Act
who has
not
been
finally accepted for
service.
officers of
marines, &c.
23.-(1) In
section
forty-eight,
subsection (1) of the principal Provisions
as
Act, the
following
proviso
shall
be
inserted
:-
to
the
mercan-
tile marine.
" Provided
that,
in
respect of that part of such
period as
aforesaid during
which the owner
of
the ship
is not liable
to
pay wages
to
the master, seaman, or
apprentice so
suffering
from disease or disablement, sickness
benefit
may
be paid
in
whole
or
part if such master, seaman, or apprentice has depen-
dants,
and was
serving on
a home-trade
ship,
and
the benefit
so paid
shall
be paid to, or applied
for
the
relief
or
maintenance
of,
such
dependants in such manner as the society or com-
mittee by which the
benefit
is administered, after consultation
whenever
possible
with
the master, seaman,
or
apprentice,
thinks fit."
(2) The rules
of the
Seamen's
National
Insurance Society
may, notwithstanding anything
in
subsections
(4) and (8)
of
section
forty-eight
of the principal Act, provide
for
the admis-
sion
to the
society of masters, seamen, and
apprentices
to the
sea service
or sea-fishing
service who are
entitled to be
or
become voluntary
contributors, and
for
allowing a
member who
leaves
the sea service and who is
or
continues
to
be
a
voluntary
contributor
to remain a
member
of the society.
24.
In
subsection (1) of section fifty-one of the
principal
Amendment
Act, for
the
words
:-
of
s. 51 of
principal
Act.
" Where
the
managers
of any
institution carried
on for chari-
table
or
reformatory
purposes
prove that the persons
who
are inmates of and supported by the institution-"
there shall
be
substituted the following words,
namely :-
" Where
the
managers
of
any institution carried
on for chari-
table
or
reformatory purposes
prove
that the
persons who
for
such purposes are
inmates
of the institution."
25.-(1) Where it
appears
to
the Insurance
Commissioners Power
to treat
that the
persons employed
by
any employer or group of em-
all employees
of
an
employer
ployers
in any
class or classes of
work
are
in
general
in receipt
as
being
remu-
of a rate
of
remuneration
which,
although liable
to
fluctuation,
nerated at
is normally
within
any
of the limits hereinafter mentioned,
normal
rate.
the Commissioners
may,
by
a
special order, declare that all the
persons
employed
by that employer or
group
of employers
in
that class or those
classes of work shall,
for
the purposes
of
the principal
Act,
but subject to any exceptions contained in
13
[3 &
4
GEO.
5 ] National Insurance
Act, 1913. [CH. 37.]
four
or
more
of the
members of the
committee
countersigned
A.D.
1913.
by
the
secretary or
clerk
to the joint
committee. -
(3)
The Documentary
Evidence
Act,
1868, as
amended by
31
&
32
Viet.
the
Documentary
Evidence
Act,
1882,
shall apply to each of the
1.37.
45
&
46
Viet.
said several
bodies
of Insurance Commissioners, and to the said
c.
9.
joint
committee, as
if
each of those bodies and the joint
com-
mittee
were included in
the
first
column of the schedule to the
first-mentioned Act,
and the chairman or any other
member
or
the
secretary
or
clerk, or
any
person
authorised
to
act
on behalf
of the secretary or clerk, of
the
body or committee, were mentioned
in
the
second
column
of that schedule, and as if the regulations
referred
to
in
those Acts
included
any document issued
by
any
of those bodies or that committee.
(4) This section shall
come
into
operation
on the passing of
this
Act.
30.-(1)
Every
insurance committee constituted or
to be
Insurance
constituted.
under
section
fifty-nine
subsection
(1)
of the principal
committees.
Act
shall be a body corporate by the
name
of
the
insurance
committee
for
the borough
(or
county) of
,
and
every such
insurance
committee
shall have
perpetual succession
and
a
common
seal, and may sue and
be
sued, and
(subject to
the consent
in
every
case
of
the Insurance
Commissioners) have
power and authority (without any
licence in mortxnain)
to
take,
purchase,
and
hold land for
the purposes of the principal Act
and this
Act.
(2) At least
one woman shall be
on every sub-committee
formed
by an
insurance
committee for
dealing with
the adminis-
tration
of
any
benefit,
and section fifty-nine
of
the
principal
Act
shall
be varied
accordingly.
31.-(1)
In
addition
to any allowances
for travelling
Expenses of
expenses which
may be
paid
under
subsection
(2)
of
section
insurance com-
sixty-one
of the principal
Act,
an
insurance
committee
may
pay
mittees.
to the
members
of the committee subsistence allowance and
compensation
for
loss
of
remunerative time
in
accordance with
a
scheme prepared by
the
committee and approved by the
Insurance
Commissioners, and there shall
be
paid out of
moneys
provided
by Parliament
towards
the expenses
of an insurance
committee
under
such scheme,
such sum (if any) as the Insur-
ance
Commissioners
with the consent of the
Treasury, may
determine so, however, that the aggregate amount so paid shall
not
exceed thirty thousand
pounds in any
one
year.
(2) After
the words
" Provided 'that,
if
the special circum-
stance
of
any
county "
in subsection (2) of section sixty-one
of
the principal Act,
there
shall be added
the
words " or county
borough."
(3)
An
insurance committee may pay as general expenses
incurred
by them in the execution of
their duties
any
sum, not
exceeding
ten
pounds in any
one
year, as a subscription to the
funds
of any association of
insurance
committees
whose
objects
are approved by the Insurance Commissioners,
as well as
any
15
[CH.
37.] National
Insurance
Act,
1013.
[3
& 4
GEO.
5.]
A.D. 1913.
reasonable expenses of the attendances of
representatives,
not
exceeding
in
any case
four,
at meetings
of
such
associations,
on
a
scale
to be approved by the Commissioners.
Consultation
32.
Where
it
is
made
the duty
of
an insurance committee
with -
tone
srwho
under
the provisions of
this Act
or
of the principal Act, or
of
have
entered
regulations made
thereunder,
to ascertain,
in respect
of
any
into
a reeh
in_
matter
affecting the
administration
of
medical
benefit
in the
surance com-
area, the opinions and
wishes
of
the
medical practitioners
who
mittees.
have
entered
into
agreements with
the
insurance
committee
for
the attendance
and treatment
of insured persons whose medical
benefit is
administered
by the committee, they
shall
do
so
through a committee
appointed
by
such practitioners
in
accord-
ance with regulations made
by
the Insurance Commissioners, and
such committee
shall. perform such duties and shall exercise
such powers
as
may
be
determined
by the
Insurance Commis-
sioners, and in
any area
in which
within six
months
of
the time
of the
passing of
this Act no
local
medical
committee
has been
recognised under
the provisions of
section
sixty-two
of the
principal Act, a
committee elected
in
the
manner herein-before
provided may
be
recognised as
the
local medical
committee
for
that area.
Committees
33.-(1) In
every county or
county
borough
there shall
be
elected
by
elected,
in accordance
with
regulations made
by the
Insurance
persons, &c
supplying
Commissioners, by the
persons, firms,
and bodies corporate, who
drugs
and
have agreed
to
supply drugs, medicines, and appliances
to
medicines'
insured
persons whose medical
benefit
is administered
by the
committee, a local committee, and it shall, subject to regulations
made by the Insurance Commissioners, be consulted
by the
insurance
committee
on
all
general
questions affecting the supply
of
drugs, medicines,
and appliances
to
insured persons,
and
shall
perform such duties and
exercise such
powers
as
may
be
determined
by
the Insurance
Commissioners.
(2)
The
insurance
committee, if
requested
so to
do
by
any
committee
elected by the medical
practitioners
who
have
entered
into
agreement with the
insurance
committee
for
the
attendance
and treatment
of
insured persons whose benefit
is administered
by the
insurance
committee, and
if
requested by the
local
committee
elected
in manner
provided by
the last foregoing
subsection, may
be authorised by
the
Insurance
Commissioners
out of moneys available
for
the provision of medical
benefit
within
the area to allot to, and
for
the administrative expenses
of,
each of
the said committees, respectively, such a sum not
exceeding one penny
in
all
in respect
of
each insured
person
entitled
to obtain medical. attendance and
treatment
from
the
practitioners who have
entered into agreement with the insurance
committee as
may
be determined
by the
insurance
committee
with the consent of the
Commissioners.
Offences
and
34.-(1)
If any
employer deducts,
or
attempts to deduct,
legal prc-
ceedings.
from
the
wages
or
other remuneration
of an employed
contri-
butor
the whole or
any
part
of the
employer's
contribution,
16
[3 & 4 GEO. 5.]
National Insurance Act, 1913. [Ca.
37.]
as defined
in
the Second Schedule
to
the principal
Act, he shall
k. D. 1913.
be guilty of a contravention of the provisions of
Part I. of
the -'
principal
Act.
(2) Every
person who buys, takes in exchange, or takes in
pawn from an insured
person, or any
person
acting on
his
behalf.,
on any pretence
whatever, any
insurance
card
or
insurance book
shall
be liable on summary conviction to a fine not
exceeding
ten
pounds.
(3) The time within
which
proceedings
may
be taken
under
subsection
(2)
of section
sixty-nine
of the principal Act against
an employer
charged
with
an
offence
of
failing
or neglecting
to pay
any contribution in respect
of an
employed
contributor
shall
be
one year
from
the
date of
the commission of the
alleged offence, and where an employer
has
been convicted of
such an offence then,
if notice
of the
intention
to
do
so is served
with the
summons or
warrant, evidence
may
be
given
of
failure
or
neglect
on the part of the
employer to pay other contributions
in
respect
of that employed contributor during the
year
preceding
the
date when
the
information
was
laid,
and on proof of such
failure
or
neglect the employer shall be liable to pay to
the
Insurance Commissioners a sum
equal
to the total
amount
of
all
the contributions which he
is
so proved to
have
failed
or
neglected to pay.
35.
The provisions
of
section
one
hundred and fourteen
of
Provision
as
the principal
Act,
which
relate
to certificates of birth,
shall
to
marriage
apply to certificates of marriage
in
like manner as they
apply to
certificates.
certificattLs of birth, except that the fee shall be one shilling
instead of sixpence and
that the person
from whom the certi-
ficate and
form
of
requisition
may be
obtained
shall be the
registrar
or
superintendent
registrar or other person having the
care of
the register
in
which
the marriage is
entered.
36. The special fund constituted under section forty-two
change of
of
the
principal Act
shall be
known as the "
Deposit
Contributors
name of
Post
Fund," and, consequently, references
in
the principal
Act
and
Office
-Fund.
documents issued
thereunder
to the Post Office Fund shall be
construed as references
to
the
Deposit
Contributors Fund.
37. Stamp duty shall not be chargeable upon the documents
Exemption
of
in connection with business under Part I.
of
the Principal
Act,
documents
ns
specified
in the
Second
Schedule to this Act.
duty.
p
38.
Where, under
any
provision of the principal Act
or any
Power
to
take
regulations
made thereunder, the Insurance Commissioners are evidence
on
required
or authorised to
hold,
or to
appoint any committee or
person to
hold an inquiry, the
witnesses
shall,
if
the Commis-
sioners think fit, or
if any one
of
the parties so demand, be
examined on oath,
and the committee or person appointed
to
hold
an
inquiry
shall
have
power to
administer oaths
for
the
purpose.
B
17
-
[Cii. 37.]
National
Insurance
Act, 1913. [3
& 4
Giro.
5.1
A.D. 1913.
Agreements
with Metro-
politan
Asylums
Board.
54
& 55
Viet.
e. 76.
Revocation
and amend-
ment of orders
and extension
of time
for
making
orders
under s. 78
of
principal
Act.
Special
pro-
visions
as to
Scotland.
52 &
53
Vict.
c.
50.
8
Edw.
7. c. 62.
60
&
61
Viet.
c.
88.
39. Notwithstanding anything in
any
Act, it shall
be
lawful
for the
managers
of the
Metropolitan
Asylums
district,
with the
sanction of the
Local Government Board,
to
enter into agree-
ments with any county council or county borough
council
or,
with the consent
of
the county
council,
with any authority in a
county,
for
the
reception
of insured persons and their dependants
suffering
from
tuberculosis
or
any such
other
disease
as the
Local Government
Board, 'with
the approval of the
Treasury,
may
appoint
under
section
eight
of the principal Act, into
hospitals
or
sanatoria provided by the
managers,
and for this
purpose
the
managers shall not
be
deemed
to be a poor
law
authority. Any such agreements
may
provide
that
the cost
of
the treatment
of the
patients so
received,
or some
part
thereof,
shall be
borne otherwise than as provided by section
eighty
of
the
Public
Health
(London)
Act,
1891.
40.-(l) Any
order
or special order made under the principal
Act
or
this Act may
be
revoked, varied,
or amended
by an order
or special order made
in like
manner as the original order.
(2)
The
time,
within which the
powers of
the Insurance
Commissioners to make
orders
under
section seventy-eight of the
principal
Act
may
be exercised, shall be extended to the thirty-
first
day of December nineteen hundred
and fourteen.
41.-(1) For
the purpose
of providing institutions for the
treatment of tuberculosis or any such other
disease
as the
Local
Government Board
for
Scotland, with the approval of the Treasury,
may
appoint, a county council in Scotland shall have power to
borrow
in
terms of
the Local Government (Scotland)
Act,
1889,
on
the security
of the
general
purposes rate,
as
applied
by section
eighty
of
the principal Act, such sums as may be
required,
and shall have power to
acquire, purchase, or
take on
lease
any
land ; and the
provisions of section
five
of the
Local Government
(Scotland)
Act, 1908,
shall apply
accordingly
as
if
the principal
Act
and this
Act
were
specified therein.
(2) Expenses of a district
committee
defrayed out
of the
public health general
assessment within the district
in pursuance
of
an
agreement under the principal Act
or
this Act, or
in
the
exercise
of
any power of dealing with
tuberculosis or such other
disease
as aforesaid as
an
infectious disease, shall not be
reckoned
in
any calculation
as to
the
statutory limit
of that assessment.
(3) A county council
in
Scotland that has
been
authorised
by the
Board
to provide an
institution in
terms of section sixty-
four subsection (2) of the
principal
Act shall have the same
powers of
providing treatment
for
all
persons
suffering from
tuberculosis
or
such
other
disease
as
aforesaid as are
possessed
by
local authorities
under
the
Public
Health
(Scotland)
Act,
1897,
for
the treatment of
infectious
diseases.
(4)
At
the end of
subsection
(4) of section eighty of the
principal
Act, the
following
shall
be
added
:-
" And provided
further
that,
for
the purposes
of subsection (3)
of section sixty-four of
this
Act, relating to
the
18
[3 & 4 GEO.
5.] National Insurance
Act,
1913.
[Cu. 37.]
provision of
sanatoria, burghs and
police burghs
so held
A.D.
to
be within
the
county
may
receive
direct representation
in
groups
or otherwise,
on
any joint
committees, joint
boards,
or
other bodies thereby
constituted,
in
such
manner
as may
be
determined
by
the Board."
(5) All proceedings for
any contravention of, or
non-com-
pliance
with, any of the provisions
of
Part I. or of Part III.,
so far
as
relating
to
matters under Part I.
of the principal
.Act
or this
Act,
or
the regulations made
thereunder, shall
in
Scotland be
instituted and carried
on
under
the provisions of the
Summary Jurisdiction
(Scotland)
Acts,
and
may
be taken
at
the
instance
of the
procurator
fiscal
or
of the
Scottish
Insurance
Commissioners.
(6) Where an
employer
in
Scotland
has failed
or
neglected
to pay
any contributions
which, under Part I.
of
the
principal
Act, he is liable to pay in respect
of an employed contributor,
the amount which
he has
so
failed
or neglected to pay shall be
a
debt due from
the
employer to the Commissioners, and shall
be
recoverable
by the
Commissioners
summarily as a civil debt :
Provided that the
powers
conferred by this section on the
Commissioners shall
be deemed to be
in
supplement of and
nowise
in
restriction of
the powers conferred
upon
them or
upon
members of
approved
societies by the principal
Act.
(7) The
reference
in this
Act
to
the
Lord Chancellor shall,
as
respects
Scotland, be construed as a
reference to the Lord
President
of
the Court of
Session.
1913.
42.: (1) Where
the area of an insurance
committee
making
special
pro-
an arrangement under
subsection
(1)
of section sixteen of the
visions
as
to
principal Act
is
situate
in Wales, the
Welsh
Insurance Commis-
Wales.
sioners
shall be
substituted for
the Local Government Board
as the
authority whose
approval
is
required
under
that
subsection
for
the
purpose of enabling that committee to enter into such an
arrangement.
(2) The
council of a
county or county borough in
Wales
may
agree
with
King
Edward the Seventh's
Welsh National
Memorial
Association
to
make such annual or other
payments,
subject to
such conditions and for
such
periods as may be approved
by the
Welsh Insurance Commissioners,
and any expenses
incurred under
this subsection shall, in the case
of
a
county
council, be defrayed
in
like
manner as expenses
under
subsection
(2)
of section sixty-
four
of the principal
Act,
and,
in
the case
of a county borough
council,
as part of their expenses incurred
in the
execution of the
Public
Health Acts.
43.--(1)
This
Act may be cited as the National
Insurance
snort title,
Act,
1913,
and the
principal
Act and
this
Act may be cited
construction,
together as the National
Insurance Acts, 1911
to
1913.
(2)
This
Act
shall
be
deemed
to
be part
of
Part I.
of
the
principal Act, except that any
provisions
of this
Act which
supersede or amend any provisions of
Part
III. of the principal
19
[CH.
37.1
National Insurance
Act, 1913. [3 & 4
GEO.
5.]
A.D.
1913. Act
shall
be deemed
to be
part of Part III.
of the principal
Act.
(3)
This Act shall, save
as
otherwise expressly provided,
come
into
operation
on the
first day
of September
nineteen
hundred
and thirteen
or such later date
or
dates
as the
Joint
Committee
may
by order
appoint,
and different
(lays
may
be
appointed
for different
purposes
and different provisions
of this
Act, so,
however,
that no
date
later
than
the thirteenth
day
of
October,
nineteen hundred
and thirteen, shall be appointed
for the
coming into
operation
of the provisions of this Act
altering
the
rates
of
sickness
or
disablement benefit in
respect
of
any
class of insured
persons,
nor
later than the
fifteenth
day of
January, nineteen hundred
and
fourteen,
in
respect
of
any other
purpose
or
provision.
(4) The provisions
of
the
principal Act
mentioned
in
the
Third
Schedule
to
this
Act are hereby
repealed.
20
[3 & 4 GEO.
5.]
National Insurance Act,
1913.
[CH. 37.]
SCHEDULES.
FIRST SCHEDULE.
MATTERS WITH RESPECT
TO WHICH
REGULATIONS
MAY BE
MADE.
(A) The manner and
conditions
in
and upon which the following
matters may be
carried
into
effect
:-
(i)
The
amalgamation
for
the purposes of Part I. of the principal
Act
of any two or
more approved
societies, or of an approved
society
with a
society which is not an approved
society, or
of
any
two
or
more
branches
of an
approved
society :
(ii) The transfer by an approved society
of its engagements under
Part
I. of
the
principal Act,
or of such of those
engagements
as
relate to members
resident
in
a particular
part-of
the
United Kingdom,
to any other approved
society which
undertakes
to
fulfil these engagements, and
the transfer
from
one
branch
to one or
more
other branches or to the society
of such engagements as aforesaid.
(iii)
The
financial
adjustments to be made on any such
amalgamation
or transfer.
(B) The manner and conditions in and upon which the dissolution
of
approved
societies may be carried into effect,
and
for that purpose
providing
for
the valuation
of the assets and
liabilities
of dissolved
societies
under
Part I. of the
principal
Act,
and the reduction
(either
permanently or temporarily), in the
event
of
a deficiency
being disclosed,
of the rates of benefits payable to members and the periods
during
which those benefits
or any of them
are payable, and
for
the establishment
of a special
fund to which contributions
of such
members are to
be
paid,
and out
of
which their
benefits
are to be paid, and
the application,
subject to the prescribed modifications adaptations
and
exceptions,
to
such fund and
the members thereof,
of the provisions
of Part I.
of
the
principal Act
relating
to approved
societies
and the membership of and
transfer to and
from approved societies.
(c)
Authorising the
Commissioners
to withdraw approval from a
society on account
of maladministration
of
its affairs under the principal
Act
in
cases where
it appears expedient in the interests of the members
of the society to do so.
(D)
The crediting
or
variation.
(whether
by way of increase or
decrease) and cancellation of reserve
values.
(n) Applying to the Navy and Army Insurance
Fund
and to
members of that fund
such of the
provisions
of the
principal Act as
amended by this Act,
relating to approved societies and to membership
of and
transfer to and from approved
societies, as
the
Commissioners
think necessary for facilitating admissions to and transfer from the
fund
and
for the proper administration
of
the fund, and for continuing
the
right to
payment of maternity
benefit out of that fund
until
the
man
is transferred
to
an approved
society or becomes a
deposit
contributor,
A.D.
1913.
Section 28.
21
[OH.
37.] National Insurance Act,
1913.
[3 &
4 GEO.5.]
A.D.
!
1913.
Section
37.
Section
43.
and for
extending any of the provisions of subsection
(3)
of
section
forty-six of the principal Act to
seamen,
soldiers, and
marines who are
not members of an approved society.
(r) For
enabling
the
sums
required to
be paid or
credited
in
any
year to
insurance
committees
under
subsection
(1)
of section
sixty-one of
the
principal Act,
instead
of
being paid or
credited at the commencement
of the year,
to
be paid or credited at
such
time or times and in such
instalments
and in such manner and proportions as may, with the
consent
of the Treasury, be prescribed.
(G)
Enabling
approved societies
and insurance
committees,
and in
the
case of
persons
entitled to benefits
out
of the
Navy and Army
Insurance
Fund, the
Admiralty
or Army Council,
to appoint a person
to
exercise on behalf of any insured
person
of unsound
mind any right
of election which that person is, under Part I. of the principal
Act
entitled
to
exercise, and to appoint a person to receive on behalf
and for
the benefit
of
such
person
any sums by
way
of
benefit
which would
otherwise have been
payable
to
him.
SECOND
SCHEDULE.
1.
Draft,
or
order, or receipt given
by or to an
approved society,
or branch,
or
insurance
committee
in respect
of money
payable
in
pursuance of Part I.
of the
principal
Act,
or of the
rules of the
society
or branch.
2. Letter or power of
attorney
granted by any person as trustee
for
the
transfer of
any
money
of an approved society, or branch,
or
insurance
committee
invested
in his name in the public funds.
3.
Bond or other security given to, by, or
on
account
of an
approved
society
or
branch,
or
by
the treasurer or other official
thereof.
4.
Appointment
or revocation
of appointment of agent, or other
document
required
or authorised by or in pursuance of Part I. of the
principal
Act,
or by the rules of an approved society or
branch.
5. Agreement
entered
into between
an
approved
society
or branch
and an insurance committee in regard
to
medical
benefit
under
Part I. of
the principal Act.
THIRD SCHEDULE.
ENAOTMENTS REPEALED.
Subsection
(4)
of
section one.
Paragraph (a) of
subsection (4) of section four.
In
subsection
(5) of
section
eight
the words ("and at
least
fifty
weekly contributions have
been paid
by
or in respect of him ").
Subsection
(3)
of section nine.
Subsection
(6) of section
ten.
22
[3
&
4 GEO.
5.] National
Insurance Act, 1913. [CH.
37.]
Proviso
(i) of subsection
(2) of
section
twelve.
Subsection
(1)
of section eighteen, from ("
but if in the
case
of
a
midwife
being selected
") to the
end
of that subsection.
Subsection
(3) of section
forty-five.
Section forty-nine.
Table
C.
in Part I. of
the
Fourth
Schedule.
'4
A.D.
1913.
Printed by EYRE and SPOTTISWOODE,
LTD.,
FOR
FREDERICK
ATTERBURY.
Esq., C.B.,
the King's
Printer
of Acts
of Parliament.