Disabled Persons (Employment) Act 1944

7 Entry of names of disabled persons in the register. E+W+S

(1) The Minister may make regulations prescribing matters which are to constitute conditions of, or disqualifications from, the entry in the register of the names of any persons, either generally or in particular circumstances.

The matters which may be prescribed under this subsection shall be such as must in the opinion of the Minister be so prescribed in order to secure that the fact that a person’s name is in the register will afford reasonable assurance of his being a person capable of entering into and keeping employment, or of undertaking work on his own account, under the conditions under which in accordance with the provisions of this Act employment may be offered to him or such work may be available for him, and the said matters shall, without prejudice to the generality of this provision, include—

(a) the fact that a person is under a prescribed age;

(b) unreasonable refusal or failure to attend a vocational training or industrial rehabilitation course;

(c) except in the case of a person who has served whole-time in the armed forces of the Crown, in the merchant navy or the mercantile marine, . . . F1 , the fact that a person is not ordinarily resident in Great Britain;

(d) habitual bad character.

(2) A person who desires his name to be entered in the register shall make application to the Minister in that behalf in the prescribed manner, and, on an application in that behalf being duly made,—

(a) if the Minister is satisfied that the applicant is a disabled person and that his disablement is likely to continue for [F2 twelve months] or more from the time of the entry of his name in the register, that any prescribed condition as to the entry of names in the register applicable to him is satisfied and that he is not subject to any prescribed disqualification in that behalf, his name shall be entered in the register;

(b) in any other case, the Minister shall refer the application to a district advisory committee for their recommendations on the issue as to which he is not satisfied and after considering their recommendations shall determine it, and if he determines it in favour of the applicant his name shall be entered in the register:

Provided that a person being a 1914-18 disablement pensioner shall be treated for the purposes of this subsection as a disabled person and as one whose disablement is likely to continue for [F2 twelve months] or more from the time of the entry of his name in the register, and the name of such a person may be entered in the register without his making any application in that behalf.

(3) In this Act the expression “1914-18 disablement pensioner” means a person in receipt of, or entitled to receive,—

(a) under any Royal Warrant, Order in Council, Order or Scheme administered by the Minister of Pensions and relating to the retired pay or pensions of officers, seamen, marines, soldiers or airmen or other persons disabled within the meaning of that Warrant or other instrument in consequence of any war carried on as mentioned in section two of the M1 War Pensions Act 1920, retired pay or a pension in respect of his disablement within the meaning of that instrument, or an allowance granted to him in lieu of such retired pay or of such a pension by reason of his undergoing any special course of medical treatment or undergoing treatment in an institution or receiving training in a technical institution or otherwise; or

(b) under any government war obligation within the meaning of the Government War Obligations Acts 1914 to 1919, any payment for compensation in respect of his having been injured on any merchant ship or fishing vessel.

(4) If any question arises in giving effect to the provisions of this Act whether a person is in receipt of, or entitled to receive, as aforesaid any such retired pay, pension or allowance, as is mentioned in paragraph (a) of the last preceding subsection, or any such payment for compensation as is mentioned in paragraph (b) thereof, the Minister shall cause the question to be referred for determination, if it arises under the said paragraph (a), by the Minister of Pensions, or, if it arises under the said paragraph (b) by [F3 the Minister of Transport], and his determination shall be conclusive for the purposes of those provisions.

Textual Amendments

F1 Words repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I

F2 Words substituted by Disabled Persons (Employment) Act 1958 (c. 33), s. 2(1)

F3 Words substituted by virtue of S.R. & O. 1946/375 (Rev. XV, p. 229, 1946 I, p. 1009), art. 2(1)(3), S.I. 1970/1681, arts. 2, 6(3) and 1979/571, arts. 2(1), 3(5)

Modifications etc. (not altering text)

C1 Functions of Minister of Pensions now exercisable by Secretary of State: S.I. 1953/1198 (1953 I, p. 1228), arts. 2(1), 5(4), Ministry of Social Security Act 1966 (c. 20), s. 2(3) and S.I. 1968/1699, arts. 2, 5(4)

Marginal Citations

M1 1920 c. 23.