HC Deb 21 November 1911 vol 31 cc1147-9

RULES AS TO PAYMENT AND RECOVERY OE CONTRIBUTIONS TAID BY EMPLOYERS ON BEHALF OF EMPLOYED CONTRIBUTORS UNDER PART I. OF THIS ACT RELATING TO HEALTH INSURANCE.

(1) The employer shall, except as hereinafter provided, be entitled to recover from the employed contributor the amount of any contributions paid by him on behalf of the employed contributor.

(2) Except where the employed contributor does not receive any wages or other remuneration from the employer, the amounts so recoverable shall, notwithstanding the provisions of any Act relating to truck or any contract to the contrary, be recoverable by means of deductions from the wages or other remuneration, and not otherwise; but no such deductions may be made from any wages or remuneration other than such as are paid in respect of the period or part of the period in respect of which the contribution is payable, or in excess of the sum which represents the amount of the contributions for the period in respect of which the wages or other remuneration are paid.

(3) Where a contribution paid by the employer on behalf of an employed contributor is not recoverable by means of deductions as aforesaid, it shall (without prejudice to any other means of recovery) be recoverable summarily as a civil debt, but no such contribution shall be recoverable unless proceedings for the purpose are instituted within three months from the date when the contribution was payable.

(4) Where the contributor is employed by more than one employer in any calendar week, the first person employing him in that week or such other employer as may be prescribed shall be deemed TO be the employer for the purposes of the provisions of Part I. of this Act relating to the payment of contributions and of this Schedule.

(5) Regulations of the Insurance Commissioners may provide that in any cases or any classes of cases where employed contributors work under the general control and management of some person other than their immediate employer, such person shall, for the purposes of the provisions of Part I. of this Act relating to the payment of contributions and of this Schedule, be treated as the employer, and may provide for allowing him to deduct the amount of any contributions which he may become liable to pay from any sums payable by him to the immediate employer, and for enabling the immediate employer to recover from the employed contributors the like sums and in the like manner as if he were liable to pay the contributions.

(6) Where the contributor is not paid wages or other money payments by his employer or any other person, the employer shall be liable to pay the contributions payable both by himself and the contributor, and shall not be entitled to recover any part thereof from the contributor.

(7) Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct from the wages or otherwise to recover from the contributor the employers' contribution.

(8) Any sum deducted by any employer from wages or other remuneration under this Schedule shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.

Amendments made: In paragraph (1), at the beginning, insert, (1) A weekly contribution shall be payable in respect of each calendar week during the whole or any part of which an employed contributor has been employed by an employer. Provided that where one weekly contribution has been paid in respect of any such week no further contribution shall be payable in respect of the same week, and that where no remuneration has been received and no services rendered by an employed contributor during any such week no contribution shall be payable in respect of that week.

After the word "other" ["or other remuneration"], insert the word "pecuniary."

In paragraph (2) leave out the words "relating to truck" ["provisions of any Act relating to truck"].

After the word "period" ["for the period in respect of"] insert the words "(if such period is longer than a week)".

In paragraph (3), after the word "contributor" ["an employed contributor"], insert the words "is recoverable from the contributor but."

In paragraph (5), after the word "employer" ["of some person other than their immediate employer"], insert the words "such as the owner, agent, or manager of a mine or quarry, or the employer of a factory or workshop."

In paragraph (5), after the word "contributions" ["the amount of any contributions"], insert the words "(other than employers' contributions)."

At end of Schedule insert, (9) The Insurance Commissioners may by regulations provide that in the case of outworkers the contributions to be paid may be determined by reference to the work actually done, instead of by reference to the weeks in which work is done, and any such regulations may apply to all trades or to any specified classes or branches of trades, and may determine the conditions to be complied with by employers who adopt such a system of payment of contributions.

(10) For the purposes of this Schedule the expression "calendar week" means the period from midnight on one Sunday to midnight on the following Sunday.—[Mr. Lloyd George.]