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National Insurance Act 1965

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This is the original version (as it was originally enacted).

54Proceedings by employees for benefit lost by employer's default

(1)Where an employer has failed or neglected—

(a)to pay contributions which under this Act he is liable to pay on behalf of any employed person in his employment; or

(b)to comply, in relation to any such person, with the requirements of any regulations relating to the payment and collection of contributions,

and by reason thereof that person has lost, in whole or in part, any unemployment benefit, sickness benefit, or maternity benefit to which he or she would have been entitled, that person shall be entitled to recover summarily from the employer as a civil debt a sum equal to the amount of the benefit so lost.

(2)Where the employed person is a man, his wife or widow shall have the same right to recover under the foregoing subsection in respect of maternity benefit lost by her as if the employer's failure or neglect had been in respect of her.

(3)Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Act in respect of the same failure or neglect.

(4)Proceedings under this section may, notwithstanding any enactment to the contrary, be brought at any time within one year after the date on which the employed person or his wife or widow, but for the failure or neglect of the employer, would have been entitled to receive the benefit lost.

(5)In the application of subsection (1) of this section to Scotland, the word " summarily " shall be omitted.

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