15/05/1924: The Unemployment Insurance (Insurance Industry Special Scheme) Amendment Order, 1924.

THE UNEMPLOYMENT INSURANCE (INSURANCE INDUSTRY SPECIAL SCHEME) AMENDMENT ORDER, 1924.

DEPARTMENT OF INDUSTRY AND COMMERCE.

UNEMPLOYMENT INSURANCE.

THE UNEMPLOYMENT INSURANCE (INSURANCE INDUSTRY SPECIAL SCHEME) AMENDMENT ORDER, 1924, MADE BY THE MINISTER OF INDUSTRY AND COMMERCE UNDER THE UNEMPLOYMENT INSURANCE ACT, 1920 (10 & 11 Geo. V. C. 30), AND THE UNEMPLOYMENT INSURANCE ACT, 1923 (No. 17 of 1923).*

WHEREAS the Minister of Labour by the Unemployment Insurance (Insurance Industry Special Scheme) Order, 1921, approved of the Special Scheme for the Insurance Industry set out in the Schedule thereto and termed " THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME ":

AND WHEREAS the Executive Council has by the Insurance Industry Unemployment Insurance Scheme (Board of Management) Order, 1923, established the Incorporated Insurance Industry Unemployment Insurance Board to exercise in Saorstát Eireann the functions which were on the sixth day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by the Joint Board of Management constituted by the Scheme, and has by the Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923, established a fund to serve in Saorstát Eireann the like purposes as were on the sixth day of December, 1921, served in the area now comprised in Saorstát Eireann by the Joint Insurance Fund established by the Scheme, and the Minister of Finance has by the Unemployment Insurance (Insurance Industry Special Scheme) Apportionment of Grant Order, 1923, apportioned the sum payable under subsection (7) of section 18 of the Unemployment Insurance Act, 1920, as between Saorstát Eireann and the rest of the area in respect of which the said sum was paid as recited in the said Order:

AND WHEREAS by Section 18 of the Unemployment Insurance Act, 1920 (10 and 11 Geo. V. C. 30) the Minister of Industry and Commerce may vary or amend by special order the provisions of a scheme made under that section, and by section 10 of the Unemployment Insurance Act, 1923 (No. 17 of 1923) may by order made after consultation with the body charged with the administration of a special scheme alter the terms and provisions of such special scheme in the manner provided by the said section.

AND WHEREAS the Incorporated Insurance Industry Unemployment Insurance Board has been consulted with reference to the variations and amendments set out in the Schedule hereto of the Insurance Industry Unemployment Insurance Scheme and has approved thereof:

NOW, THEREFORE, the MINISTER of INDUSTRY and COMMERCE, pursuant to the said Section 18 of the Unemployment Insurance Act, 1920, and Section 10 of the Unemployment Insurance Act, 1923 , and in exercise of all other powers enabling him in that behalf, doth hereby make the following Special Order:

1. The Insurance Industry Unemployment Insurance Scheme shall be varied and amended in the manner set forth in the Schedule hereto.

2. This Order may be cited as the Unemployment Insurance (Insurance Industry Special Scheme) Amendment Order, 1924.

Dated this 15th day of May, 1924.

P. MAC GIOLLAGÁIN.

* This Order having lain before both Houses of the Oireachtas for twenty days, in accordance with Section 36 (2) of the Unemployment Insurance Act, 1920, duly came into force.

SCHEDULE.

VARIATIONS AND AMENDMENTS OF THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME.

I.—In paragraph 18 of Article 4 the words "two hundred and fifty" shall be substituted for the words "six hundred" in the first line of the paragraph.

II.—There shall be inserted after the word "act" in article 7, paragraph (i) the words "as amended by Section 10 of the Unemployment Insurance (No. 2) Act, 1921.

III.—Paragraphs (5), (6) and (7) of article 7 shall be deleted and a new paragraph (5) to article 7 as follows shall be added:—

" For the purpose of retaining in Insurance under the the Special Scheme soldiers enlisted on short service who before enlistment were persons insured under the Scheme such contributions under the Scheme shall be deemed to have been paid in respect of each such person to whom this paragraph applies as are necessary to secure that there shall be not less than twelve contributions under the Scheme to the credit of such person in respect of each insurance year during which or part of which such person has been a person to whom this paragraph applies. This paragraph shall apply to every person enlisted in the military forces of Saorstát Eireann for any period not exceeding twelve months, or enlisted before the 1st May, 1923, for a period of service which terminates on or before the 1st May, 1924, who at the date of enlistment was a person insured under the Scheme in respect of whom had been paid either twenty contributions under the Unemployment Insurance Acts or the Scheme at any time, or ten contributions since the eighth day of November, 1920."

IV.—In paragraph 1 of the Second Schedule the word "six" shall be substituted for the word "three" in the second line of the paragraph, and under the heading "Ordinary Rates" the figures "20" shall be substituted for "17"; "16" for "14"; "10" for "8", the words "and six-pence" being deleted, and "8" for "7".

V.—In paragraph 2 of the Second Schedule the words from and including "sixteen weeks" to and including "thereafter for more than" shall be deleted and in the second last line the word "benefit" shall be substituted for the word "insurance".

VI.—The proviso to paragraph 3 of the Second Schedule shall be deleted, and there shall be substituted therefor the following:—

" Provided that for the purpose of determining the amount of out-of-work benefit to which having regard to the aforesaid proportion any person is entitled, but for no other purpose, no account shall after the termination of the Fourth Special Period as provided by Section 2 of the Unemployment Insurance Act, 1923 (No. 17 of 1923) be taken of any unemployment benefit or out-of-work benefit which may have been received by such person between the seventh day of November, 1920, and the commencement of the first benefit year."

VII.—Paragraphs (4), (5) and (6) of the Second Schedule shall be deleted, and there shall be substituted the following paragraphs:—

4.—Where a person entitled to out-of-work benefit under the Scheme is a married man, whose wife is living with him or is being maintained wholly or mainly by him, or being a widower or an unmarried man has residing with him any female person for the purpose of having the care of his dependent children and is maintaining that person, or has and has had living with him as his wife any female person, or where the person entitled to out of work benefit is a married woman who has a husband dependent on her, the weekly rate of out-of-work benefit authorised under this Schedule shall be increased by a sum of five shillings, and where the person so entitled has dependent children, the weekly rate of benefit shall be increased by one shilling in respect of each such child.

Provided that the additional sum of five shillings shall not be payable in respect of a wife or female person who is in receipt of unemployment benefit under the general provisions of the Unemployment Insurance Acts or of out-of-work benefit under the Scheme or of benefit under any other special Scheme or who is in regular wage-earning employment otherwise than as having the care of the dependent children of the person entitled to benefit or is engaged in any occupation ordinarily carried on for profit.

If any question arises as to whether any addition ought to be made to the weekly rate of out-of-work benefit in respect of any wife or other female person or any husband or any child, that question shall be decided by the Incorporated Insurance Industry Unemployment Insurance Board in accordance with Section 9 of the Scheme.

5.—Any time during which a person is under the Scheme disqualified for receiving out-of-work benefit shall be excluded in the computation of periods of unemployment under this Schedule.

6.—A period of unemployment shall not be deemed to commence until the date on which the insured contributor makes application in the prescribed manner for out-of-work benefit;

Provided that if in any case an insured contributor claiming benefit in respect of a period of unemployment proves that he was on a date earlier than that upon which he made application for benefit in the prescribed manner in all respects qualified to make the claim, and that there was good cause for his failure to make the claim on that date that date shall for the purpose of determining the commencement of that period of unemployment be substituted for the date on which the insured contributor actually made application for benefit in the prescribed manner.

7.—(1) The expression "benefit year" shall for the purposes of the Scheme mean the period beginning on the Eighteenth day of October, 1923, and ending on the Fifteenth day of October, 1924, and every subsequent benefit year shall be the period beginning on the day next following the day on which the preceding benefit year expired and ending on the Wednesday nearest to the Sixteenth day of October in the next following calendar year.

(2) The expression "dependent children" shall for the purposes of the Scheme mean and include any child under the age of fourteen years who is maintained wholly or mainly at the cost of the person entitled to out-of-work benefit, or any child between the ages of fourteen and sixteen who is under full-time instruction in a day school and is so maintained as aforesaid.

The expression "child" includes a step-child, an adopted child or an illegitimate child.

(3) For the purpose of this Schedule a husband shall be deemed to be dependent on his wife if he is prevented by physical or mental infirmity from supporting himself, and is being maintained wholly or mainly by her.