Part IClaims for and Payments and General Administration of Benefit

Industrial injuries benefit

8Notification of accidents, etc

Regulations may provide—

a

for requiring the prescribed notice of an accident in respect of which industrial injuries benefit may be payable to be given within the prescribed time by the employed earner to the earner's employer or other prescribed persons;

b

for requiring employers—

i

to make reports, to such person and on such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable;

ii

to furnish to the prescribed person any information required for the determination of claims, or of questions arising in connection with claims or awards;

iii

to take such other steps as may be prescribed to facilitate the giving notice of accidents, the making of claims and the determination of claims and of questions so arising.

9Medical examination and treatment of claimants

1

Regulations may provide for requiring claimants for disablement benefit—

a

to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;

b

to submit themselves from time to time to appropriate medical treatment for the injury or loss of faculty.

2

Regulations under subsection (1) above requiring persons to submit themselves to a medical examination or treatment may—

a

require those persons to attend at such places and at such times as may be required; and

b

with the consent of the Treasury provide for the payment by the Secretary of State to those persons of travelling and other allowances (including compensation for loss of remunerative time).

10Obligations of claimants

1

Subject to subsection (3) below, regulations may provide for disqualifying a claimant for the receipt of industrial injuries benefit—

a

for failure without good cause to comply with any requirement of regulations to which this subsection applies (including in the case of a claim for industrial death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident);

b

for wilful obstruction of, or other misconduct in connection with, any examination or treatment to which he is required under regulations to which this subsection applies to submit himself, or in proceedings under this Act for the determination of his right to benefit or to its receipt,

or for suspending proceedings on the claim or payment of benefit as the case may be, in the case of any such failure, obstruction or misconduct.

2

The regulations to which subsection (1) above applies are—

a

any regulations made by virtue of section 5(1)(h), (i) or (1) above, so far as relating to industrial injuries benefit; and

b

regulations made by virtue of section 8 or 9 above.

3

Regulations under subsection (1) above providing for disqualification for the receipt of benefit for any of the following matters, that is to say—

a

for failure to comply with the requirements of regulations under section 9(1) or (2) above;

b

for obstruction of, or misconduct in connection with, medical examination or treatment,

shall not be made so as to disentitle a claimant to a benefit for a period exceeding 6 weeks on any disqualification.