Unemployment Insurance Act, 1946

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UNEMPLOYMENT INSURANCE ACT, 1946.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title and collective citation.

Section 2

Definitions.

Section 3

Commencement of Part II of this Act.

PART II.

Special Benefit.

Section 4

Right of certain persons to special benefit.

Section 5

Statutory conditions for receipt of special benefit.

Section 6

Rates of special benefit and limitation on aggregate amount thereof.

Section 7

Determination of claims and questions.

Section 8

Application of certain provisions of the Irish Acts and regulations made thereunder.

Section 9

Recovery of overpayments.

Section 10

Restrictions on payment or benefits under the Irish Acts and of unemployment assistance.

Section 11

Amendment of section 8 of the Act of 1920.

Section 12

Power of Minister to amend Part II to give effect to modifications of the arrangements.

Section 13

Regulations.

Section 14

Expenses.

PART III.

Provisions in Relation to Former Members of the Defence Forces Resident in Northern Ireland.

Section 15

Provisions in relation to former members of the Defence Forces resident in Northern Ireland.

Acts Referred to Unemployment Insurance Act, 1926 No. 21 of 1926 Unemployment Insurance Act, 1945 No. 23 of 1945 Unemployment Insurance Act, 1923 No. 17 of 1923 Number 37 of 1946.

UNEMPLOYMENT INSURANCE ACT, 1946.

AN ACT TO ENABLE EFFECT TO BE GIVEN IN THE STATE TO CERTAIN CONTEMPLATED ARRANGEMENTS UNDER WHICH THE GOVERNMENT OF THE UNITED KINGDOM ARE TO UNDERTAKE TO MEET THE COST OF PAYING BENEFITS, IN RESPECT OF UNEMPLOYMENT IN THE STATE, TO CERTAIN PERSONS WHO SERVED IN THE FORCES OF THE SAID GOVERNMENT AND TO AMEND THE UNEMPLOYMENT INSURANCE ACTS, 1920 TO 1945. [19th December, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Unemployment Insurance Act, 1946.

Definitions.

2.—In this Act— the expression “the Act of 1920” means the Unemployment Insurance Act, 1920; the expression “the Act of 1926” means the Unemployment Insurance Act, 1926 (No. 21 of 1926); the expression “the Act of 1945” means the Unemployment Insurance Act, 1945 (No. 23 of 1945); the expression “the arrangements” means the arrangements referred to in section 3 of this Act; the expression “the British Acts” means the Acts of the Parliament of the United Kingdom known as the Unemployment Insurance Acts, 1935 to 1944; the expression “the British Unemployment Fund” means the Unemployment Fund established under the British Acts; the expression “the Irish Acts” means the Unemployment Insurance Acts, 1920 to 1945; 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; the expression “the Scheme” means The Insurance Industry Unemployment Insurance Scheme established under the Irish Acts; the expression “special benefit” means the benefit payable under section 4 of this Act; the expression “the statutory conditions” means the conditions set out in section 5 of this Act.

Commencement of Part II of this Act.

3.—(1)

Part II

of this Act shall not come into operation save as is provided by subsection (2) of this section.

Part II

of this Act shall come into operation on such date as he specifies in the order, and thereupon the said Part II shall come into force on the date so specified.

PART II.

Special Benefit.

Right of certain persons to special benefit.

4.—As from the date of the commencement of this Part and during the continuance of the arrangements, every person who fulfils the statutory conditions shall, subject to the provisions of this Part, be entitled to receive payments of benefit at such rates as are authorised by this Part and at intervals corresponding to those from time to time fixed for the payment of unemployment benefit under the Irish Acts.

Statutory conditions for receipt of special benefit.

5.—The statutory conditions for the receipt of special benefit by a person are that such person— (a) makes a claim therefor in the prescribed manner, (b) served, during the whole or any part of the period which commenced on the 3rd day of September, 1939, and ended on the 14th day of August, 1945, in the Forces of the United Kingdom in service of any kind specified in the arrangements, (c) was, at any time before entering service in the said Forces, ordinarily resident in the State, (d) has been discharged from the said Forces, (e) has not less than thirty contributions credited to him in the British Unemployment Fund in respect of service in the said Forces in respect of the two years immediately preceding the date of his first claim for special benefit, (f) satisfies the conditions (other than those relating to contributions) for the receipt of unemployment benefit under the Irish Acts, (g) is free from the disqualifications (other than the disqualification relating to contributions) for the receipt of unemployment benefit under the Irish Acts, and (h) has not received in respect of special benefit the aggregate amount which may, under subsection (2) of section 6 of this Act, be paid to him.

Rates of special benefit and limitation on aggregate amount thereof.

6.—(1) (a) Subject to paragraph (b) of this subsection, special benefit payable to any person entitled thereto shall be at the weekly rate which is as respects that person the appropriate weekly rate of unemployment benefit under the British Acts. (b) Where a person who is entitled to special benefit has a dependant or dependants, within the meaning of the Irish Acts, the weekly rate of special benefit of that person shall be increased by an amount equal to the amount payable under the British Acts as an increase of unemployment benefit but such increase shall, in respect of dependent children, be limited to not more than two.

Determination of claims and questions.

7.—(1) Every claim for special benefit and every question arising thereon shall be determined as if that claim or question were a claim for unemployment benefit or a question arising thereon under the Irish Acts, and every insurance officer and court of referees and the umpire under the Irish Acts shall have, in relation to special benefit, the same powers and duties as those conferred or imposed by the Irish Acts on such insurance officer, court of referees or umpire in relation to unemployment benefit under the Irish Acts.

Application of certain provisions of the Irish Acts and regulations made thereunder.

8.—(1) All the provisions (including penal provisions) of the Irish Acts which apply to unemployment benefit under the Irish Acts (except subsections (5) and (6) of section 22 of the Act of 1920 and section 9 of the Unemployment Insurance Act, 1923 (No. 17 of 1923), shall, so far as those provisions are not inconsistent with this Part, apply to special benefit.

Recovery of overpayments.

9.—(1) If it is found at any time that a person has been in receipt of special benefit while the statutory conditions were not fulfilled in his case, he shall be liable to repay to the Minister any sums paid to him in respect of special benefit while the statutory conditions were not fulfilled.

Restrictions on payment or benefits under the Irish Acts and of unemployment assistance.

10.—A person shall not, in respect of any day for which he is in receipt of special benefit, be entitled to receive— (a) unemployment benefit under the Irish Acts, or (b) out-of-work benefit under the Scheme, or (c) unemployment assistance under the Unemployment Assistance Acts, 1933 to 1940.

Amendment of section 8 of the Act of 1920.

11.—Any insurance year during the whole or any part of which a person is in receipt of special benefit and during which no contribution is paid in respect of that person under the Irish Acts or the Scheme shall be disregarded for the purposes of subsection (4) of section 8 of the Act of 1920, as amended by section 6 of the Act of 1926, or the said subsection (4) as so amended and applied to the Scheme.

Power of Minister to amend Part II to give effect to modifications of the arrangements.

12.—If the arrangements are modified at any time after the commencement of this Part, the Minister may by regulations under this Act make such amendments of this Part as are in his opinion necessary for giving effect to the arrangements as so modified.

Regulations.

13.—The Minister may make regulations in relation to any matter or thing referred to in this Part as prescribed.

Expenses.

14.—(1) All payments of special benefit shall be made out of moneys transferred to the Minister from the British Unemployment Fund.

PART III.

Provisions in Relation to Former Members of the Defence Forces Resident in Northern Ireland.

Provisions in relation to former members of the Defence Forces resident in Northern Ireland.

15.—(1) (a) Notwithstanding anything contained in the Irish Acts, unemployment benefit in respect of contributions acquired by him in the Unemployment Fund under the Act of 1945 shall, during residence in Northern Ireland, be payable to a discharged member of the Defence Forces who was ordinarily resident in Northern, Ireland at any time before enlistment and who but for residence in Northern Ireland would be entitled to unemployment benefit. (b) For the purposes of paragraph (a) of this subsection, the insurance year following discharge of a member of the Defence Forces shall, if no contribution is paid in respect of him under the Irish Acts during that year, be disregarded for the purposes of subsection (4) of section 8 of the Act of 1920, as amended by section 6 of the Act of 1926.

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