No. 38/1935:

UNEMPLOYMENT ASSISTANCE (AMENDMENT) ACT, 1935

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Meaning of word "day" in the Principal Act.

3 Continuous periods of unemployment.

4 Dependents.

5 Appeals officers.

6 Determination of application for qualification certificates and questions arising thereon.

7 Revocation and amendment of qualification certificates.

8 Amendment of section 15 of the Principal Act.

9 Disqualification for receiving unemployment Assistance.

10 Prohibition of payment of both unemployment assistance and unemployment benefit.

11 Amendment of section 17 of the Principal Act.

12 Exemption from obligation to determine applications for unemployment assistance in certain cases.

13 Amendment of section 20 of the Principal Act.

14 Amendment of section 29 of the Principal Act.

15 Application of section 30 of the Principal Act.

16 Provisions where unemployment assistance granted to person in receipt of outdoor relief.

17 Representation of insane and deceased persons.

18 Wife or husband of offender to be competent witness in legal proceedings.

19 Regulation.

20 Expenses.

21 Short title and citation.

AN ACT TO AMEND AND EXTEND THE UNEMPLOYMENT ASSISTANCE ACT, 1933 .

[7th August, 1935.].

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act the expression "the Principal Act" means the Unemployment Assistance Act, 1933 (No. 46 of 1933),.

(2) Every word and expression used in this Act to which a particular meaning is given by The Principal Act for the purposes of The Principal Act has in this Act the meaning so given to it.

2.—For the purposes of The Principal Act and this Act, the word "day" shall mean a period of twenty-four hours from midnight to midnight or such other period of twenty-four hours as may, for any general or special purpose, be prescribed.

3.—(1) For the purposes of The Principal Act and this Act, two periods (whether either or both of such periods commenced before or after the passing of this Act) of unemployment of not less than six days each, separated by an interval of not more than six weeks, shall be treated as a continuous period of unemployment, and the expression "continuously unemployment" shall have a corresponding meaning.

(2) The immediately preceding sub-section shall he in addition to and not in substitution for sub-section (2) of section 4 of the Principal Act.

(3) Unemployment assistance shall not, by virtue of sub-section (1) of this section, be payable in respect of any day before the date of the passing of this Act.

4.—(1) For the purposes of The Principal Act and this Act, the following and no other persons shall be dependents of any particular person, that is to say:—

( a ) such person's wife if, but only if, she is living with such person and does not work (otherwise than at her usual household duties) regularly for wages or other remuneration, and is not engaged in any occupation ordinarily carried on for profit, and is not in receipt of any pension, or income sufficient for her support, and.

( b ) such person's husband if, but only if, he is living with and supported by such person and is prevented by physical or mental infirmity from supporting himself, and.

( c ) such person's unemployed children (including stepchildren and children in respect of whom he or she has placed himself or herself in loco parentis) who either have not attained the age of eighteen years and are wholly or mainly supported by such person or have attained the age of eighteen years and have not attained the age of seventy years and are through physical or mental infirmity prevented from supporting themselves and are wholly or mainly supported by such person, and.

( d ) such person's mother if, but only if, such person wholly or mainly supports her and she has not attained the age of seventy years and either she is a widow and is prevented by physical or mental infirmity from supporting herself or both she and her husband are invalids and prevented by physical or mental infirmity from supporting themselves, and.

( e ) such person's father if, but only if, such person wholly or mainly supports him and he has not attained the age of seventy years and is an invalid and prevented by physical or mental infirmity from supporting himself, and.

( f ) such person's orphan brothers and sisters who either have not attained the age of eighteen years and are wholly or mainly supported by such person or have attained the age of eighteen years and have not attained the age of seventy years and are through physical or mental infirmity prevented from supporting themselves and are wholly or mainly supported by such person.

(2) section 5 of the Principal Act is hereby repealed.

(3) This section shall come into force on such day as may be appointed for the purpose by order (which the Minister is hereby authorised to make) of the Minister.

5.—(1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be appeals officers for the purposes of The Principal Act, and this Act, and every person so appointed shall hold his office as such officer upon such terms and conditions and at such remuneration as the Minister shall, with the consent of the Minister for Finance determine.

(2) The Minister may, subject to the provisions of this Act, by regulations under this Act prescribe the practice and procedure to be observed by appeals officers in the performance of their functions under The Principal Act and this Act.

(3) In this Act the expression "appeals officer" means an appeals officer appointed under this section.

6.—(1) Subject to the provisions of this section, every application for a qualification certificate shall be received and considered and every such application and every question arising thereon shall be determined by an unemployment assistance officer, and every question arising on or in relation to a qualification certificate after the issue of such certificate shall also be determined by an unemployment assistance officer.

This sub-section shall apply to every application for a qualification certificate, every question arising thereon and every question arising on or in relation to a qualification certificate after the issue of such certificate, whether such application was made or such question arose before or after the passing of this Act, but shall not apply to any matter already decided by an appeals officer or by the Unemployment Appeals Committee whether before or after the said passing.

(2) An unemployment assistance officer may, if he so thinks proper, instead of determining it himself, refer any application or question which falls to be determined by him under this section to an appeals officer.

(3) Any person aggrieved by the refusal by an unemployment assistance officer of an application by such person for a qualification certificate or by the, determination under this section by an unemployment assistance officer of any matter may, within twenty-one days from the date on which such refusal or determination is communicated to him or such further time (if any) as may in his case be allowed by the Minister, require an unemployment assistance officer to report the matter to an appeals officer and such unemployment assistance officer shall report such matter accordingly.

(4) An appeals officer shall consider and determine every matter referred or reported to him under this section and every other question which appears to him to arise on the application for a qualification certificate or to arise on or to relate to a qualification certificate after the issue of such certificate, and the determination of the said appeals officer on any matter which falls to be determined by him under this section shall, subject to the provisions of this section, be final and conclusive.

(5) An appeals officer may, if he so thinks proper, instead of determining it himself refer any matter which falls to be determined by him under this section to the Unemployment Appeals Committee.

(6) Where any matter has been determined under this section by an appeals officer the person to whom such decision relates may, if the appeals officer has given permission to him to do so, within twenty-one days from the date on which such decision is communicated to him or such further time (if any) as may in his case be allowed by the Minister, require an appeals officer to report the matter to the Unemployment Appeals Committee and such appeals officer shall report such matter accordingly.

(7) The Unemployment Appeals Committee shall consider and determine every matter referred or reported to them under this section and every other question which appears to the Committee to arise on the application for a qualification certificate or to arise on or to relate to a qualification certificate after the issue of such certificate, and the determination of the said Committee on any such matter or question shall be final and conclusive.

(8) An unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee may at any time on new facts being brought to his or their knowledge reverse or revise any determination previously made under this section or made before the date of the passing of this Act under section 11 of the Principal Act in any particular case, and the foregoing provisions of this section in relation to the reference or report of matters to an appeals officer or to the Unemployment Appeals Committee shall apply to such reversal or revision in like manner as they apply to the determination the subject of such reversal or revision. References in this sub-section and in the subsequent provisions of this section to a determination under this section shall be construed as including references to a reversal or revision under this sub-section.

(9) Subject to the provisions of the next two following sub-sections, every reversal or revision by an unemployment assistance officer, an appeals officer or the Unemployment Appeals Committee of any determination previously made under this section or made before the date of the passing of this Act under section 11 of the Principal Act shall have effect as on and from the date of such reversal or revision.

(10) Every reversal or revision by an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee of any determination previously made under this section or made before the date of the passing of this Act under section 11 of the Principal Act shall, in any case in which a qualification certificate was obtained by fraud or fraudulent misrepresentation, have effect as on and from the date of the determination, as the result of which such certificate was issued.

(11) In any case in which the holder of a qualification certificate (including a qualification certificate issued before the date of the passing of this Act) fraudulently suppresses or conceals any facts or events or information which would invalidate, such certificate or would disentitle him to hold such certificate, the determination of an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee under this section shall have effect as on and from such date (including a date prior to the date of such determination) as an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee, as the case may be, shall fix.

(12) Where under either of the two immediately preceding sub-sections a determination of an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee is effective on and from a date prior to the date on which such determination is made, the person to whom it relates shall, notwithstanding anything in The Principal Act or this Act, if the determination be that he is not entitled to hold a qualification certificate, be deemed, for the purposes of The Principal Act and this Act, not to have been the holder of a qualification certificate as on and from the date on which such determination takes effect and, if the determination be that he is entitled to hold a qualification certificate, be deemed, for the said purposes, to be the holder only of such certificate as he is entitled to receive under the determination as on and from the date on which such determination takes effect.

(13) Where an unemployment assistance officer has, under sub-section (2) of section 11 of the Principal Act, referred before the date of the passing of this Act any application or question to the Unemployment Appeals Committee, but such application or question has not before the said date been considered by the said Committee, such application or question shall be deemed to have been referred by such unemployment assistance officer to an appeals officer under sub-section (2) of this section.

(14) Where an unemployment assistance officer has, under section 11 of the Principal Act, before the date of the passing of this Act, refused an application for a qualification certificate or determined any question, the following provisions shall have effect, that is to say:—

( a ) in case the person to whom such refusal or determination relates has before the said date required an unemployment assistance officer, to report under sub-section (3) of the said section 11 such refusal or determination to the Unemployment Appeals Committee, but either such refusal or determination has not been so reported before the said date or such refusal or determination has been reported but has not before the said date been considered by the said Committee, such unemployment assistance officer shall, in case, such refusal or determination has not been so reported, report such refusal or determination to an appeals officer and, in any other case, be deemed to have so reported such refusal or determination;.

( b ) in case such person was at any time before the said date entitled under sub-section (3) of the said section 11 to require such refusal or determination to be reported to the said Committee but had not before the said date exercised such right—

(i) such right shall cease to be exercisable,

(ii) such person may, within twenty-one days after the said date or such further time (if any) as may in his case be allowed by the Minister, require an unemployment assistance officer to report such refusal or determination to an appeals officer and thereupon such unemployment assistance officer shall report such refusal or determination to an appeals officer;

( c ) where a refusal or determination is reported or deemed to have been reported to an appeals officer under this sub-section, such refusal or determination shall be deemed, for the purposes of this section, to have been reported to such appeals officer under sub-section (3) of this section, and the provisions of this section shall apply and have effect accordingly in relation to such refusal or determination.

(15) Where a qualification certificate has; before the date of the passing of this Act, been revoked or amended by an unemployment assistance officer under section 12 of the Principal Act, the following provisions shall have effect, that is to say:—

( a ) in case the holder of such certificate has before the said date required an unemployment assistance officer under sub-section (6) of the said section 12 to report such revocation or amendment to the Unemployment Appeals Committee, but either such revocation or amendment has not been so reported before the said date or such revocation or amendment has been so reported but has not before the said date been considered by the said Committee, such revocation or amendment shall be reported to an appeals officer;

( b ) in case the holder of such certificate was at any time before the said date entitled under sub-section (6) by the said section 12 to require such revocation or amendment to be reported to the said Committee but had not exercised such right before the passing of this Act—

(i) such right shall cease to be exercisable,

(ii) such holder may, within twenty-one days after the said date or such further time (if any) as in his case may be allowed by the Minister, require an unemployment assistance officer to report such revocation or amendment to an appeals officer and thereupon such unemployment assistance officer shall report to an appeals officer accordingly;

( c ) where a revocation or amendment of a qualification certificate is reported to an appeals officer under this sub-section such revocation or amendment shall be treated, for the purposes of the foregoing provisions of this section as if it were a reversal or revision of a determination in relation to such certificate, which had been reported to an appeals officer in accordance with sub-section (3) of this section, and the said provisions shall apply and have effect accordingly.

(16) For the purposes of this section questions arising on or in relation to a qualification certificate after the issue of such certificate shall he taken to be the following—

( a ) whether the holder of such certificate continues to fulfil the conditions specified therein;

( b ) whether such certificate was obtained by fraud or fraudulent misrepresentation;

( c ) whether the holder of, such certificate has fraudulently suppressed or concealed any facts or events or information which would invalidate such certificate or would disentitle him to hold such certificate;

( d ) any other question arising on or in relation to such certificate after the issue thereof.

(17) section 11 of the Principal Act is hereby repealed.

7.—(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in such certificate or the means of such holder have increased in amount beyond the figure specified in such certificate as his means, the following provisions shall have effect, that is to say:—

( a ) such holder shall, within seven days after such cesser or the date from which such means became increased or, if such cesser or such increase took place before the date of the passing of this Act, within seven days after the passing of this Act, inform an unemployment assistance officer of such cesser and the reason therefor or such increase (as the case may be),

( b ) if such holder fails or neglects to comply with the provisions of the immediately preceding paragraph he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence is continued.

(2) Whenever an unemployment assistance officer or an appeals officer or the Unemployment Appeals Committee is satisfied that any person has obtained (whether before or after the passing of this Act) his qualification certificate by fraud or fraudulent misrepresentation the person to whom such certificate was issued shall (whether such person has or has not been convicted of an offence under section 29 of the Principal Act in relation to the obtaining of such certificate) be disqualified for obtaining or holding any qualification certificate for the six months immediately following the date on which it is determined that such person was not entitled to receive such certificate.

(3) Whenever it is determined that any person was not entitled to receive his qualification certificate (whether such certificate was issued before or after the passing of this Act) or hold a qualification certificate (whether such certificate was issued before or after the passing of this Act) of the kind held by him, the holder of such certificate shall on demand of an unemployment assistance officer forthwith deliver such certificate to such officer.

(4) Every person who on demand being made to him by an unemployment assistance officer under the immediately preceding sub-section for delivery of his qualification certificate fails to deliver forthwith such certificate to such officer shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(5) Where a person is convicted of an offence under the immediately preceding sub-section the court by which he is convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the qualification certificate in respect of which such offence was committed to an unemployment assistance officer.

(6) section 12 of the Principal Act is hereby repealed.

8.—(1) Paragraph (a)of sub-section (1) of section 15 of the Principal Act is hereby amended by the insertion therein of the words "has made application for unemployment assistance in the prescribed manner and" after the word "holder" now contained therein, and The Principal Act shall be construed and have effect accordingly.

(2) The Principal Act shall be construed and have effect as if the following paragraph were inserted in sub-section (1) of section 15 thereof in lieu of paragraph (e)now contained therein, that is to say.

"(e) In the case of a person resident in an urban area applying for unemployment assistance, that either he has been ordinarily resident in such urban area for at least one year immediately preceding his application for unemployment assistance or has had at least three months employment in such urban area within the year immediately preceding such application."

(3) Where any area (in this sub-section referred to as the added area) is, by reason of the extension of an urban area, included in such urban area, residence or employment in the added area before such inclusion shall as on and after the date of such inclusion be deemed, for the purposes of paragraph (e)of sub-section (1) of section 15 of the Principal Act, as amended by the immediately preceding sub-section, to be residence or employment (as the case may be) in such urban area.

(4) Where a place is situate in an area which becomes after the passing of this Act an urban area, residence or employment in such place before such place became included in an urban area shall as on and after the date of such inclusion, be deemed, for the purposes of paragraph (e)of sub-section (1) of section 15 of the Principal Act, as amended by sub-section (2) of this section, to be residence or employment (as the case may be) in an urban area so long as such area continues to be an urban area.

(5) Paragraph (f)of sub-section (1) of section 15 of the Principal Act is hereby amended by the substitution therein of the words "four insurance years, within the meaning of the said Acts" for the words "four years" now contained therein, and The Principal Act shall be construed and have effect accordingly.

(6) This section shall come into force on such day as may be appointed for the purpose by order (which the Minister is hereby authorised to make) of the Minister.

9.—(1) A person shall be disqualified for receiving unemployment assistance—

( a ) while he is resident, whether temporarily or permanently, outside Saorstát Eireann; or

( b ) while he is undergoing imprisonment or detention in any prison or other place of detention maintained wholly or partly out of public moneys; or

( c ) while he is an inmate of any institution maintained wholly or partly out of public moneys or by a local authority; or

( d ) while he is in receipt of or entitled to—

(i) pension under section 6 of the Old Age Pensions Act, 1932 (No. 18 of 1932), or

(ii) any sickness or disablement allowance under the National Health Insurance Acts, 1911 to 1934, or

(iii) any benefit under a special scheme under section 18 of the Unemployment Insurance Act, 1920 or under section 19 of that Act or under a supplementary scheme under section 20 of that Act, or

(iv) any pension under any enactment passed (before or after the passing of this Act) by the Oireachtas making provision for pensions for certain widows and orphans.

(2) Sub-section (1) of section 16 of the Principal Act is hereby repealed.

10.—Unemployment assistance and unemployment benefit under the Unemployment Insurance Acts, 1920 to 1933, shall not both be payable in respect of the same day or days.

11.—(1) Sub-section (2) of section 17 of the Principal Act is hereby amended by the substitution therein of the words "one shilling" for the words "two shillings" wherever those words occur in the said sub-section, and the said sub-section shall be construed and have effect accordingly.

(2) This section shall come into force on such day as may be appointed for the purpose by order (which the Minister is hereby authorised to make) of the Minister.

12.—Where it has been determined that the holder of a qualification certificate has not complied with the statutory condition contained in paragraph (b) of sub-section (1) of section 15 of the Principal Act, any subsequent application for unemployment assistance made by such holder before the expiration of six weeks from the date on which such holder so failed to comply with such statutory condition need not be determined under section 20 of the Principal Act.

13.—(1) Sub-section (3) of section 20 of the Principal Act is hereby amended by the deletion of the words "and in the prescribed manner" now contained therein, and the said sub-section shall be construed and have effect accordingly.

(2) Where the action of an unemployment assistance officer in pursuance of a recommendation made to him by a court of referees under section 20 of the Principal Act, or a determination by the Umpire under the said section or a reversal or revision of any previous determination by any such officer or by the Umpire under the said section has the effect of refusing or decreasing unemployment assistance previously allowed (whether before or after the passing of this Act), the following provisions shall have effect—

( a ) in case such unemployment assistance officer or the Umpire (as the case may be) is satisfied that the original determination was made on account of or in consequence of any statement or representation (whether written or verbal) made by the person to whom such original determination relates which was to such person's knowledge false or misleading in any material respect or on account of or in consequence of the concealment by such person of any material facts, such action, determination, reversal or revision shall (whether such person has or has not been convicted of an offence under section 29 of the Principal Act or the said section, as amended by this Act, in relation to such statement, representation or concealment) have effect as from the date of the original determination by the unemployment assistance officer or such later date (if any) as may, in the case of a determination, reversal or revision by the Umpire, be fixed by the Umpire or, in any other case, by the unemployment assistance officer;

( b ) in any other case, such action, determination, reversal or revision shall take effect from the date thereof.

14.—section 29 of the Principal Act is hereby amended by the insertion of the words "or conceals any material fact" after the words "in any material respect" now contained therein, and the said section shall be construed and have effect accordingly.

15.—section 30 of the Principal Act shall apply to an offence under section 29 of the Principal Act, as amended by this Act or under any sub-section of this Act in like manner as it applies to an offence under any section of The Principal Act.

16.—(1) Where—

( a ) in respect of any period (whether before or after the passing of this Act) a public assistance authority has granted relief, otherwise than in an institution, to or on account of a person who, though entitled to unemployment assistance, is not at that time receiving payments on account thereof, and

( b ) that relief is in excess of the amount which would have been granted to that person if he had been receiving payment on account of unemployment assistance, and

( c ) any sum (in this sub-section referred to as the arrears) accruing in respect of any part of the said period on account of unemployment assistance subsequently becomes payable to that person, and

( d ) such public assistance authority has, before the arrears are paid to that person, certified to the Minister the amount (in this sub-section referred to as the excess) so paid by such public assistance authority in excess in respect of the period in respect of which the arrears accrued,

the Minister may deduct from the arrears an amount not exceeding the amount of the excess and shall, in such case, pay to such public assistance authority the amount so deducted.

(2) In this section the expression "public assistance authority" means the local authority charged by or in pursuance of any enactment with the administration of the laws relating to the relief of the poor in any area.

17.—The Minister may by regulations under this Act provide for the appointment of a person to receive on behalf of or as representative of an applicant for unemployment assistance who becomes of unsound mind or dies any sums payable by way of unemployment assistance to or in respect of him.

18.—The wife or husband of a person charged with an offence under any section of The Principal Act, or The Principal Act as amended by this Act, or under any sub-section of a section of this Act may, notwithstanding anything contained in section 1 of the Criminal Justice (Evidence) Act, 1924 (No. 37 of 1924), be called as a witness either for the prosecution or the defence and without the consent of the person charged.

19.—(1) The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or any matter or thing which is expressly authorised by this Act to be prescribed or provided by regulations made by the Minister under this Act.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

20.—All expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

21.—This Act may be cited as the Unemployment Assistance (Amendment) Act, 1935 , and The Principal Act and this Act may be cited together as the Unemployment Assistance Acts, 1933 and 1935.