HC Deb 11 December 1941 vol 376 c1668
43. Mr. Rostron Duckworth

asked the Minister of Health whether he will introduce legislation to amend the National Health Insurance Act to allow of sickness benefits being paid to discharged disabled Service men who recover damages under Common Law in respect of the accidents whilst on duty which caused the disablement, and in whose cases the full weekly income value of damages so recovered is deducted from the disability pension normally payable?

Mr. E. Brown

It is an underlying principle of the National Health Insurance Scheme that sickness benefit should not be payable in addition to compensation or damages, and it is not proposed to introduce legislation as suggested by my hon. Friend.

Mr. Duckworth

Will the right hon. Friend give sympathetic consideration to the matter? There is a genuine sense of injustice.

Mr. Brown

The hon. Member will realise that this has been debated many times, and that Section 51 of the National Health Insurance Act, 1936, specifically provides that these benefits shall not be payable in respect of such incapacity.