Jones v Secretary of State for Social Services [1972] AC 944, [1972] 1 All ER 145

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[1972] 1 All ER 145

Jones v Secretary of State for Social Services; Hudson v Secretary of State for Social Services; [conjoined appeals]

HOUSE OF LORDS

LORD REID, LORD MORRIS OF BORTH-Y-GEST, VISCOUNT DILHORNE, LORD WILBERFORCE, LORD PEARSON, LORD DIPLOCK AND LORD SIMON OF GLAISDALE

6, 7, 11, 12, 13, 14, 18, 19, 20, 21 OCTOBER, 16 DECEMBER 1971

16 December 1971. The following judgments were delivered.

LORD REID.

My Lords, these conjoined appeals arise out of two claims for disablement benefit made under the National Insurance (Industrial Injuries) Acts. The appellant Jones’s case arises under the Act of 1946, the appellant Hudson’s case under the Act of 1965; but there is no substantial difference between the relevant provisions of the two Acts. The Acts provide three kinds of benefit–injury benefit, disablement benefit and death benefit. We are not concerned with the last and the provisions with regard to it throw little or no light on the matters raised in this appeal. Injury benefit is available when the man is unfit for work with a maximum duration of six months. Disablement benefit is available after injury benefit has ceased or immediately if there is no claim for injury benefit.

 

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