§ 66. Captain CLIVEasked whether men engaged in their own time in the woods in cutting pea-sticks at so much per dozen bundles, etc., are liable to be insured under the National Insurance Act, Part I.; if so, whose duty it is to ascertain the weeks in which they work and the weeks in which they do not; and whether, if in any week they earn less than 15s. at this 807 work, the employer has to pay more than 3d., though they may have earned more than 15s. in other ways of which he has no knowledge?
§ Mr. MASTERMANIf the men are free to do the work in their own time and in their own way they are probably not employed under contract of service, and in that case are not liable to compulsory insurance. On the information given, however, it would be impossible for me to give a certain answer to this question. Procedure is established by the Act under Section 66 for dealing with these and similar questions, and any of the parties concerned can apply to the Commission for a judicial decision through the local officer of Customs and Excise.