Unemployment Assistance (Amendment) Act, 1935
What is this act about?
This law, the Unemployment Assistance (Amendment) Act, 1935, modifies and expands the original Unemployment Assistance Act of 1933. It primarily focuses on refining the definitions, procedures, and conditions related to unemployment assistance.
Who it applies to: Individuals applying for or receiving unemployment assistance; Their dependents, as defined by the Act.
Deadlines:
- A "day" means a 24-hour period from midnight to midnight, or as prescribed.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 21
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The meaning of "day" and "continuous periods of unemployment" for assistance purposes.
- Who qualifies as a "dependent" for an applicant.
- The appointment and functions of appeals officers for unemployment assistance decisions.
- The process for determining applications for qualification certificates and handling related questions and appeals.
Who does this act apply to?
- Individuals applying for or receiving unemployment assistance.
- Their dependents, as defined by the Act.
What are the key points?
- A "day" means a 24-hour period from midnight to midnight, or as prescribed.
- Two periods of unemployment, each at least six days long and separated by no more than six weeks, are considered a continuous period of unemployment.
- Specific criteria define who can be considered a dependent, including wives, husbands, children (under 18 or infirm), mothers (under 70, widowed/infirm), fathers (under 70, infirm), and orphan siblings (under 18 or infirm).
- Appeals officers can be appointed to handle appeals regarding qualification certificates, and their decisions are generally final and conclusive, subject to further appeal to the Unemployment Appeals Committee in certain cases.
Labour law
Legal text
Legal text
Unemployment Assistance (Amendment) Act, 1935 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1935 Unemployment Assistance (Amendment) Act, 1935 Unemployment Assistance (Amendment) Act, 1935 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 38 of 1935.
UNEMPLOYMENT ASSISTANCE (AMENDMENT) ACT, 1935.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Meaning of word “day” in the Principal Act.
Section 3
Continuous periods of unemployment.
Section 4
Dependents.
Section 5
Appeals officers.
Section 6
Determination of application for qualification certificates and questions arising thereon.
Section 7
Revocation and amendment of qualification certificates.
Section 8
Amendment of section 15 of the Principal Act.
Section 9
Disqualification for receiving unemployment Assistance.
Section 10
Prohibition of payment of both unemployment assistance and unemployment benefit.
Section 11
Amendment of section 17 of the Principal Act.
Section 12
Exemption from obligation to determine applications for unemployment assistance in certain cases.
Section 13
Amendment of section 20 of the Principal Act.
Section 14
Amendment of section 29 of the Principal Act.
Section 15
Application of section 30 of the Principal Act.
Section 16
Provisions where unemployment assistance granted to person in receipt of outdoor relief.
Section 17
Representation of insane and deceased persons.
Section 18
Wife or husband of offender to be competent witness in legal proceedings.
Section 19
Regulations.
Section 20
Expenses.
Section 21
Short title and citation.
Acts Referred to Unemployment Assistance Act, 1933 No. 46 of 1933 Old Age Pensions Act, 1932 No. 18 of 1932 Criminal Justice (Evidence) Act, 1924 No. 37 of 1924 Number 38 of 1935.
UNEMPLOYMENT ASSISTANCE (AMENDMENT) ACT, 1935.
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:— Definitions.
1.—(1) In this Act the expression “the Principal Act” means the Unemployment Assistance Act, 1933 (No. 46 of 1933).
Meaning of word “day” in the Principal Act.
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.
Continuous periods of unemployment.
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 unemployed” shall have a corresponding meaning.
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 step-children 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.
Appeals officers.
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.
Determination of application for qualification certificates and questions arising thereon.
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.
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.
(17)
Section 11
of the Principal Act is hereby repealed.
Revocation and amendment of qualification certificates.
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.
(6)
Section 12
of the Principal Act is hereby repealed.
Amendment of section 15 of the Principal Act.
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.
Disqualification for receiving unemployment Assistance.
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.
Prohibition of payment of both unemployment assistance and unemployment benefit.
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.
Amendment of section 17 of the Principal Act.
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.
Exemption from obligation to determine applications for unemployment assistance in certain cases.
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.
Amendment of 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.
Amendment of section 29 of the Principal Act.
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.
Application of section 30 of the Principal Act.
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.
Provisions where unemployment assistance granted to person in receipt of outdoor relief.
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.
Representation of insane and deceased persons.
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.
Wife or husband of offender to be competent witness in legal proceedings.
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.
Regulations.
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.
Expenses.
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.
Short title and citation.
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.
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais