§ (1) The Insurance Commissioners shall from time to time make special orders specifying any classes of employment in which a custom is shown to their satisfaction to prevail according to which the persons employed receive full remuneration during periods of disease or disablement, and where the custom is confined to certain localities the order shall also specify the localities in which the custom prevails, and, subject to the provisions of this Section, the order may contain such incidental, supplemental, and consequential provisions as appear necessary for adapting the other provisions of this Part of this Act to cases under this Section.
§ (2) It shall be lawful for any employer who employs persons in any class of employment specified in any such order, within a locality (if the custom is confined to certain localities) so specified, to give to the Insurance Commissioners the prescribed notice, and thereupon the employer shall, as respects all such persons, be subject to the liabilities, and this Part of this Act shall apply in respect of all such persons, subject to the modifications hereinafter mentioned. Nothing in this Section shall relieve any employer of legal liability to pay wages during sickness to any person employed by him in accordance with any established custom.
§ (3) The employer shall be liable to pay full remuneration to every such person during any period or periods not exceeding six weks in the aggregate in any one year during which such person may be suffering from any disease or disablement commencing while such person is in his employment, notwithstanding that such person may have left his employment before the expiration of that time:
§ Provided that if any such person is engaged for a term of not less than six 727 months certain the employer shall be liable to pay full remuneration during any period of disease or disablement lasting less than six weeks, and for the first six weeks of any period of disease or disablement lasting more than six weeks, notwithstanding that the aggregate exceeds six weeks, but where any such period extends beyond the terms of the engagement, he shall not be liable to make any payment in respect of any part thereof after the expiration of such term.
§ (4) This Part of this Act shall apply in respect of persons so employed as aforesaid, subject to the following modifications:—
- (a) Sickness benefit shall not be payable in respect of any period during which full remuneration is payable by the employer under this Section, but for the purpose of calculating the rate and duration thereof, shall be deemed to have been paid for six weeks before the date as from which it becomes actually payable:
- (b) The employed rate shall be reduced by two pence (or, where the employed contributor is a woman, one penny halfpenny):
- (c) The weekly contributions payable by the employer shall be reduced by one penny (or, where the employed contributor is a woman, one halfpenny), and the weekly contributions payable by the employed contributor shall be reduced by one penny:
- (d) There shall be credited to the approved society of which any such person is a member, or, if he is a deposit contributor, to his account in the Post Office fund, the difference between the amount of contributions at such reduced rate actually paid in respect of him and the amount which would have been paid if those contributions had been at the full rate, and the amount of that difference shall be treated as having been expended on sickness benefit, and the proper proportion thereof shall accordingly be paid out of moneys provided by Parliament:
- (e) Contributions shall not be payable in respect of any period of disease or disablement during which full remuneration is payable under this Section if the prescribed notice has been given:
- (f) The rules of an approved society or local health committee as to notices
728 and proof of disease and disablement may extend to periods of disease and disablement during which full remuneration is payable under this Section.
§ (5) Where a person on ceasing to be so employed becomes temporarily unemployed, paragraphs (b) and (d) of the last foregoing Sub-section shall continue to apply in respect of him, and sickness benefit shall not be payable in respect of the first six weeks of any period of disease or disablement, commencing after he ceased to be so employed, but for the purpose of calculating the rate and duration thereof shall be deemed to have been paid during those six weeks, and notwithstanding anything in this Part of this Act a disease or disablement shall not for the purposes of sickness benefit be treated as a continuation of a previous disease or disablement unless the medical practitioner attending such person certifies that it in fact is so.
§ (6) Where such a person as aforesaid ceases to be employed within the meaning of this Part of this Act, and is entitled to become a voluntary contributor paying contributions at the employed rate, paragraphs (b) and (d) of Sub-section (4) shall, if he becomes a voluntary contributor, continue to apply in respect of him, and sickness benefit shall not be payable in respect of the first six weeks of any period of disease or disablement commencing after he became a voluntary contributor, but, for the purpose of calculating the rate and duration thereof, shall be deemed to have been paid during those six weeks, and notwithstanding anything in this Part of this Act a disease or disablement shall not, for the purposes of sickness benefit, be treated as a continuation of a previous disease or disablement unless the medical practitioner attending such person certifies that it in fact is so:
§ Provided that if any such person at any time wishes to become an ordinary voluntary contributor, he may become such after the payment of twenty-six weekly contributions at the full rate, or if the society of which he is a member consents after the payment of such less number of such contributions as the society may appoint.
§ (7) Where any employers wish to avail themselves of the provisions of this Section as respects the person employed by them in a class of employment, or in a locality in which no such custom as afore- 729 said exists, they may apply to the Insurance Commissioners, and the Commissioners, if, after ascertaining the views of the persons so employed, they think fit, may make a special order extending the provisions of this Section as respects the applicants to the class of employment or locality mentioned in the application as if it were a class of employment or locality in which such a custom as aforesaid prevailed.
§ (8) Any question as to whether an employer is entitled to avail himself of the provisions of this Section as respects any persons employed by him shall be determined by the local health committee, subject to appeal to the Insurance Commissioners.
§ (9) The payment of contributions purporting to be at the reduced rate authorised by this Section as respects any persons employed by an employer in any class of employment, shall be conclusive evidence that he is, as respects those persons and all other persons employed by him in the same class of employment in the same locality, under the liability imposed by this Section.
§ (10) An employer who has given such notice as aforesaid may, by giving three months' previous notice to the local health committee, withdraw his notice as from the commencement of the next calendar year, and in such case, as from that date this Section shall cease to apply in respect of the persons employed by him in the class of employment to which the notice of withdrawal relates.
§ (11) None of the provisions of this Section shall apply as respects any person employed at a rate of remuneration which is less than ten sailings a week.
§ Amendments made: "In Sub-section (1), after the word "custom" ["in which a custom is shown"], insert the words "or practice."
§ After the word "disablement" ["of disease or disablement"] insert the words "or any part thereof."
§ After the word "custom" ["where the custom is confined "] insert the words "or practice."
§ In Sub-section (2), leave out the words "nothing in this Section shall relieve any employer of legal liability to pay wages during sickness to any person employed by him in accordance with any established custom."
730§ In Sub-section (7), after the word "custom" ["such custom as aforesaid exists"], to insert the words "or practice."
§ After the word "custom" ["in which such a custom as aforesaid"] insert the words "or practice."
§
In Sub-section (11), at end to add,
(12) Nothing in this Section shall relieve any employer from any legal liability to pay wages during sickness to any person employed by him in accordance with any established custom.—[Mr. Lloyd George.]