HC Deb 24 July 1972 vol 841 cc1483-4

FINALITY OF DECISIONS

Amendment proposed: No. 2, in page 7, line 36, at end insert: (2A) Notwithstanding anything in subsection (1) or (2) above (but subject to the provisions of Part III of the National Insurance (Industrial Injuries) Act 1965 as to appeal and review), where for purposes of disablement benefit in respect of an accident it has been found by a medical board or medical appeal tribunal, on the determination or last determination of the disablement questions, that an injury resulted in whole or in part from the accident, then for purposes of death benefit in respect of that accident (including benefit on a death occurring before the passing of this Act) the finding shall be conclusive that the injury did so result. The reference in this subsection to a medical board includes a medical practitioner determining disablement questions on a reference under section 41 of the National Insurance (Industrial Injuries) Act 1965".—[Mr. Dean.]

Amendment proposed to the proposed Amendment, to leave out "purposes of death benefit in respect" and insert: any further claim or assessment arising out"—[Mr. O'Malley]

Question, That the Amendment be made to the proposed Amendment, put and negatived.

Amendment agreed to.

Amendment made: No. 3, in page 8, line 5, after "accordingly", insert:

  1. "(a) any decision given before the passing of this Act that a claimant was not entitled to industrial death benefit may be reviewed in accordance with Part IV of the National Insurance Act 1965 to give effect to subsection (2A) above; and
  2. (b)"—[Mr. Dear.]

Motion made, and Question, That the Bill be now read the Third time, put forthwith pursuant to Standing Order No. 56 (Third Reading), and agreed to.

Bill accordingly read the Third time and passed.