Catalogue description Records of the Office of the National Insurance Commissioners and successors
Reference: | CT |
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Title: | Records of the Office of the National Insurance Commissioners and successors |
Description: |
Records of the Office of the National Insurance Commissioners and successors, concerning Commissioners' decisions on appeals relating to various types of welfare benefit claim in England, Scotland and Wales. A complete collection of Commissioners' decisions, 1948-2005, appears in the following series:
A collection limited to the Commissioners' 'starred' decisions was transferred in the 1980s and appears in the following series:
Registered files relating to the 'starred' collection can be found as follows:
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Date: | 1948-2005 |
Related material: |
For files produced by the Chief Insurance Officer of the Ministry of Pensions to cover cases which eventually led to an appeal to the National Insurance Commissioners see PIN 62 |
Held by: | The National Archives, Kew |
Legal status: | Public Record(s) |
Language: | English |
Creator: |
Office of the National Insurance Commissioners, 1946-1980 Office of the Social Security and Child Support Commissioners, 1993- Office of the Social Security Commissioners, 1980-1993 |
Physical description: | 50 series |
Access conditions: | Open unless otherwise stated |
Administrative / biographical background: |
The Office of the National Insurance Commissioners was set up under the National Insurance Act 1946 s43(3). The Commissioner and his five deputies were appointed by the Crown by royal warrant as independent authorities to decide appeals under the Social Security Act 1966 and the Child Benefit Act 1977, and certain questions under the Industrial Injuries and Diseases (Old Cases) Act 1967. The Commissioner's office was administered successively by the Ministry of National Insurance (to 1953), the Ministry of Pensions and National Insurance (1953-1966), the Ministry of Social Security (1966-1968), the Department of Health and Social Security (1968-1985), and the Lord Chancellor's Department. Following the National Insurance Act 1946, the Office of the National Insurance Commissioner took over the responsibilities of the Office of the Umpire for adjudication of appeals for national insurance benefits that had been rejected by insurance officers and local tribunals. Final appeal in such cases was to lie with the National Insurance Commissioner or one of his deputies, who were all to be barristers or advocates of not less than ten years standing and were appointed on the recommendation of the Lord Chancellor. In addition to national insurance benefits (attendance allowance, sickness and invalidity benefit, non-contributory invalidity pension, unemployment benefit, maternity benefit, widow's benefit, guardian's allowance, retirement pension, child's special allowance, death grant, mobility allowance and invalid care allowance), the Commissioners also dealt with appeals concerning industrial injuries benefits (injury benefit, disablement benefit and industrial death benefit) and subsequently with child benefit (which replaced family allowances after 1977), family income supplement and supplementary benefit payments. Appeals from the decisions of insurance officers were referred in the first instance to local tribunals, consisting of three members (one from a panel representing employers; one from a panel representing employees; and an independent chairman). With leave, the claimant, his association or the insurance officer could appeal to the Commissioner. Disablement and diagnostic questions arising from claims for industrial injuries benefit and medical questions on claims for mobility allowances could be referred to a medical board consisting of two or more medical practitioners, appointed by the minister, from which appeal could be made to a medical appeal tribunal, also appointed by the minister and consisting of two medical practitioners and a chairman. From a medical appeal tribunal appeal to the Commissioner could only be made on the ground that a decision was erroneous on a point of law. The Commissioner was empowered to grant an oral hearing or determine the case without a hearing, and there was no appeal from his decision. Each decision of the Commissioner was given in writing, and those which were considered to be of major importance, because they established or illustrated important general principles, were 'reported', i.e. printed and made publicly available for guidance in future cases. The Commissioner and his deputies could sit as a tribunal to determine questions of special difficulty by majority verdict and might be assisted by specially qualified assessors. Under the Social Security Act 1980, the Commissioners were re-named the Social Security Commissioners and provided for appeals from their decisions on point of law to the Court of Appeal. The title of the office changed again in 1993 to the Office of the Social Security and Child Support Commissioners when the Child Support Act 1991 came into force and the jurisdiction of Child Support Commissioners was added. |
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