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46 1933

UNEMPLOYMENT ASSISTANCE ACT, 1933

PART I.

Preliminary and General.

Short title.

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

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.

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.

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.

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.

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.

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.

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.