Unemployment Assistance Act , 1933

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Unemployment Assistance Act, 1933.

2 Definitions.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

(2) Each of the following shall be an urban area for the purposes of this Act, that is to say :—

(a) every county borough,

(b) the borough of Dun Laoghaire,

(c) every urban district the population of which (as shown by the census of population which is for the time being the latest such census) exceeds seven thousand.

3 Commencement.

3.—(1) This Act (except so much thereof as authorises persons to apply for qualification certificates or to apply for unemployment assistance) shall come into operation immediately upon the passing thereof.

(2) So much of this Act as authorises persons to apply for qualification certificates shall come into operation in relation to every urban area on such day as may be appointed in respect of such area by an order of the Minister under this sub-section, and different days may be so appointed in relation to different urban areas or some of such areas.

(3) So much of this Act as authorises persons to apply for qualification certificates shall come into operation in relation to every part of Saorstát Eireann not included in any urban area on such day as may be appointed by order of the Minister under this sub-section.

(4) So much of this Act as authorises persons to apply for unemployment assistance shall come into operation in relation to every urban area on such day as may be appointed in respect of such area by order of the Minister under this sub-section, and different days may be so appointed in relation to different urban areas or some of such areas.

(5) So much of this Act as authorises persons to apply for unemployment assistance shall come into operation in relation to every part of Saorstát Eireann not included in any urban area on such day as may be appointed by order of the Minister under this sub-section.

(6) Every order made by the Minister under this section shall be made with the concurrence of the Minister for Finance.

4 Definition of unemployment.

4.—(1) A person shall not be deemed to be unemployed within the meaning of this Act—

(a) on any day on which he works for wages or other remuneration, whether paid in money or in goods or otherwise howsoever, nor

(b) during any period which is in respect of such person an employment period within the meaning of this section.

(2) For the purposes of this Act two periods of unemployment of not less than two days each, separated by a period of not more than two days during which a person has not been employed for more than twenty-four hours, shall in relation to such person be treated as a continuous period of unemployment, and the expression “continuously unemployed” shall have a corresponding meaning.

(3) The Minister may by regulations made by him under this Act prescribe, either generally or in respect of any particular class or classes of persons or any particular district or districts, any period to be an employment period and accordingly no person of such class or resident in such district shall during such employment period be regarded as unemployed within the meaning of this Act.

5 Dependants.

5.—For the purposes of this Act the following and no other persons shall be the dependants 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

(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 have not attained the age of eighteen years and are wholly or mainly supported by such person, and

(d) such person's mother, if but only if such person has undertaken responsibility for her support 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 has undertaken liability for his support 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 normally 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 normally supported by such person.

6 Unemployment assistance officers.

6.—(1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be unemployment assistance officers for the purposes of 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 sanction of the Minister for Finance, determine.

(2) Regulations made by the Minister under this Act may, subject to the provisions of this Act, prescribe the practice and procedure to be observed by unemployment assistance officers in the performance of their functions under this Act.

(3) In this Act the expression “unemployment assistance officer” means an unemployment assistance officer appointed under this section.

7 Regulations.

7.—(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 by regulations made by the Minister under this Act.

(2) Regulations made by the Minister under this section prescribing a form of application for any purpose under this Act may require that all or any of the statements made by the applicant in such form be verified by statutory declaration.

(3) 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.

8 Taking of statutory declarations by unemployment assistance officers, etc.

8.—Where any regulations made under the immediately preceding section require all or any of the statements made by an applicant in a form of application prescribed by such regulations for any purpose under this Act to be verified by statutory declaration, such statutory declaration may be taken and received by an unemployment assistance officer or by any other officer of the Minister authorised by the Minister in that behalf.

PART II. Qualification Certificates.

9 The Unemployment Appeals Committee.

9.—(1) As soon as conveniently may be after the passing of this Act the Minister shall constitute an Unemployment Appeals Committee for the purposes of this Part of this Act.

(2) The Unemployment Appeals Committee shall consist of such and so many persons as the Minister shall from time to time at his discretion appoint to be members thereof.

(3) Regulations made by the Minister under this Act may prescribe the tenure and duration of office of members of the Unemployment Appeals Committee and the practice and procedure to be observed by such Committee in the performance of their functions under this Act.

10 Qualification certificates.

10.—(1) Any person may, subject to the provisions of this section, apply in the prescribed manner for a qualification certificate.

(2) Where an application for a qualification certificate is duly made by a person for the time being entitled under the immediately preceding sub-section to make such application and such person shows in the prescribed manner that he fulfils the conditions, so far as they are applicable, stated in the next following sub-section of this section he shall be entitled to receive a certificate (in this Act referred to as a qualification certificate) certifying that he fulfils the said conditions.

(3) The conditions referred to in the foregoing sub-section of this section as the conditions to be fulfilled by a person applying for a qualification certificate are:—

(a) that he is a national of Saorstát Eireann;

(b) that he has attained the age of eighteen years and has not attained the age of seventy years;

(c) that his means, calculated in accordance with this Act, do not exceed, in case he is resident in a county borough or the borough of Dun Laoghaire, fifty-two pounds or, in case he is resident elsewhere in Saorstát Eireann, thirty-nine pounds per annum;

(d) in the case of a married woman either—

(i) that her husband is a dependant of her, or

(ii) that neither she nor her husband is a dependant of the other and she has one or more dependants;

(e) in the case of a widow or spinster, that she has one or more dependants;

(f) in the case of a widow or spinster who has no dependant, that not less than fifty-two contributions have been paid in respect of her under the Unemployment Insurance Acts, 1920 to 1930, as amended by any subsequent enactment, during the period of four years immediately preceding the date of the application.

(4) Every qualification certificate shall be in the prescribed form and shall contain a statement of the weekly rate corresponding to the annual rate calculated in accordance with this Act of the means of the person to whom such certificate relates.

(5) No application for a qualification certificate shall be made by any person unless and until so much of this Act as authorises persons to apply for qualification certificates has come into force in relation to the area within which such person resides.

(6) Each of the following persons shall for the purposes of this section be a national of Saorstát Eireann, that is to say:—

(a) a person born in Saorstát Eireann or in the area now comprised in Saorstát Eireann;

(b) a person born outside Saorstát Eireann or the area now comprised in Saorstát Eireann whose mother at the time of his birth was ordinarily resident in Saorstát Eireann or such area;

(c) a person who at the relevant time is and for not less than five consecutive years immediately preceding that time has been ordinarily resident in Saorstát Eireann.

11 Determination of applications for qualification certificates.

11.—(1) 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 in relation to a qualification certificate after the issue of such certificate shall also be determined by an unemployment assistance officer.

(2) An unemployment assistance officer may, if he so thinks proper, instead of determining it himself, refer in the prescribed manner any application or question which falls to be determined by him under this section to the Unemployment Appeals Committee.

(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 after such refusal or determination or such further time (if any) as may in his case be allowed by the Minister, and in the prescribed manner, require such officer to report such refusal or determination to the Unemployment Appeals Committee and thereupon such officer shall report such refusal or determination to the said Committee in the prescribed manner.

(4) The Unemployment Appeals Committee shall consider in the prescribed manner and decide every application, question, and determination referred or reported to them under this section, and the decision of the said Committee on any such application, question, or determination shall be final and conclusive.

12 Revocation and amendment of qualification certificates.

12.—(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in such certificate, the following provisions shall have effect, that is to say:—

(a) such holder shall within seven days after such cesser inform an unemployment assistance officer of such cesser and the reason therefor;

(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 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 is satisfied that the holder of a qualification certificate has ceased to fulfil the conditions specified in such certificate, he shall revoke such certificate and such revocation shall have effect as from the date of such cesser.

(3) Whenever an unemployment assistance officer is satisfied—

(a) that a qualification certificate was obtained by fraud or fraudulent misrepresentation, or

(b) that a qualification certificate was obtained or issued by any innocent misrepresentation or other bona fide mistake,

such unemployment assistance officer shall revoke such certificate and such revocation shall have effect as from, in case such certificate was obtained by fraud or fraudulent misrepresentation, the date of the issue of such certificate or, in any other case, the date of revocation.

(4) Whenever an unemployment assistance officer is satisfied that the means of a person who is the holder of a qualification certificate have altered in amount since such certificate was issued, but do not exceed in case he is resident in a county borough or the borough of Dun Laoghaire, fifty-two pounds, or, in case he is resident elsewhere in Saorstát Eireann, thirty-nine pounds per annum, such unemployment assistance officer may amend such certificate in such manner as is requisite.

(5) Whenever a qualification certificate is revoked under this section on account of such certificate having been obtained by fraud or fraudulent misrepresentation, the person to whom such certificate was issued shall, for six months after such revocation, be disqualified for obtaining or holding a qualification certificate.

(6) Whenever a qualification certificate is revoked or amended by an unemployment assistance officer under this section, the person who was the holder of such certificate immediately before such revocation or at the time of such amendment may, within twenty-one days after such revocation or amendment or such further time (if any) as in his case may be allowed by the Minister, and in the prescribed manner, require such officer to report such revocation or such amendment (as the case may be) to the Unemployment Appeals Committee, and thereupon such officer shall report to the said Committee in the prescribed manner and the said Committee shall consider such revocation or such amendment.

(7) The Unemployment Appeals Committee shall consider in the prescribed manner every revocation or amendment reported to them under this section and may either, as they think proper, confirm or annul any such revocation and may either, as they think proper, confirm, annul, or vary any such amendment, and in every such case the decision of the said Committee shall be final and conclusive.

(8) Where a qualification certificate is revoked, the holder of such certificate shall on demand of an unemployment assistance officer forthwith deliver such certificate to such officer who shall retain it.

(9) Every person who on demand being made on 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 section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(10) Where a person is convicted of an offence under this 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.

13 Calculation of the means of persons.

13.—(1) In the calculation of the means of a person for the purpose of this Act the following things and no others shall be deemed to constitute the means of such person, that is to say:—

(a) the yearly value ascertained in the prescribed manner of all property belonging to such person (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income which such person may reasonably expect to receive during the succeeding year in cash, including the actual or estimated amount of any income which such person may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any income or money coming within any other paragraph of this sub-section,

(ii) all moneys earned by such person in respect of current personal employment under a contract of service,

(iii) any moneys received by way of benefit under the National Health Insurance Acts, 1911 to 1933,

(iv) any moneys received by way of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1930,

(v) any moneys received by way of unemployment assistance under this Act,

(vi) any moneys received by way of home assistance;

(c) the yearly value ascertained in the prescribed manner of any advantage accruing to such person from the use of property (other than furniture and personal effects) which is personally used or enjoyed by him;

(d) all income and the yearly value ascertained in the prescribed manner of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of unemployment assistance;