§ (1) Where an insured person has received or recovered or is entitled to receive or recover, whether from his employer or any other person, any compensation or damages under the Workmen's Compensation Act, 1906, or any scheme certified thereunder, or under the Employers' Liability Act, 1880, or at common law, in respect of any injury or disease, the following provisions shall apply:—
- (a) No sickness benefit or disablement benefit shall be paid to such person in respect of any such injury or disease in any case where any weekly sum or the weekly value of any lump sum paid or payable in respect of any such compensation or damages is equal to or greater than the benefit otherwise payable to such person, and where any such weekly sum or the weekly value of any such lump sum is less than the benefit in question, such part only of the benefit shall be paid as, together with the weekly sum or the weekly value of the lump sum, will be equal to the benefit:
- (b) The weekly value of any such lump sum as aforesaid may be determined by the society or committee by which the sickness and disablement benefits payable to such person are administered:
- (c) Where an agreement is made as to the amount of such compensation as aforesaid, or as to the redemption of a weekly payment by a lump sum under the Workmen's Compensation Act, 1906, the employer shall, within three days thereafter, send to the Insurance Commissioners, or to the society or committee concerned, notice in writing of such agreement giving the prescribed particulars thereof, and proviso (d) to paragraph (9) of the Second Schedule of the Workmen's Compensation Act, 1906 (which relates to the powers of registrars of county courts to refuse to record memoranda of agreements and to refer the matter to the judge) shall, in cases where the workman is an insured person, apply to agreements as to the amount of compensation, in like manner as to agreements as to the redemption of weekly payments by lump sums:
- (d) Where an insured person is entitled to any such compensation or damages as aforesaid and refuses or neglects to take proceedings to enforce his claim, it shall be lawful for the society or committee concerned, either at its own expense, to take in the name and on behalf of such person such proceedings, in which case any compensation or damages recovered shall be held by the society or committee as trustee for the insured person, or to withhold payment of any benefit to which apart from this Section such person would be entitled. In the event of the society or committee concerned taking proceedings as aforesaid, and failing in the proceedings, they shall be responsible for the costs of the proceedings as if they were claiming on their own account.
§ (2) Nothing in this Section shall prevent the society or committee paying to an insured person entitled to such compensation damages benefit by way of advance pending the settlement of his claim for compensation or damages, and any advance so made 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 such person.
§ Amendments made: In Sub-section (1), paragraph (a), leave out the words "any such" ["any such injury"] and insert instead thereof the word "that."
§ Leave out the words "in respect of any such" ["any such compensation"] and insert instead thereof the words "by way of."
§ At the end of paragraph (b) insert the words "but if the insured person is aggrieved by such determination, the matter shall be settled in manner provided by this Part of this Act for settling disputes."
§ In paragraph (c), after the word "aforesaid," insert the words "and that amount is less than ten shillings a week."
§ In paragraph (d) leave out "(d) where an insured person is" and insert instead thereof "(2) where an insured person appears to be."
§ In paragraph (d), after the word "and" ["and refuses"], insert the word "unreasonably."
§ Leave out the word "they" ["they shall be"], and insert instead thereof the word "it."
677§ Leave out the word "they" ["they were claiming"], and insert instead thereof the word "it."
§ Leave out the word "their" ["their own account"], and insert instead thereof the word "its."
§ In Sub-section (2) leave out the words "entitled to such compensation damages."—[Mr. Lloyd George.]