S.I. No. 126/1934 - The Unemployment Assistance (Application For Assistance Regulations), Order, 1934.

STATUTORY RULES AND ORDERS. 1934. No. 126.

THE UNEMPLOYMENT ASSISTANCE (APPLICATION FOR ASSISTANCE REGULATIONS), ORDER, 1934.

THE UNEMPLOYMENT ASSISTANCE (APPLICATION FOR ASSISTANCE REGULATIONS) ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 10th DAY OF APRIL, 1934, PURSUANT TO SECTION 7 of THE UNEMPLOYMENT ASSISTANCE ACT, 1933 .

WHEREAS it is enacted by sub-section (1) of Section 7 of the Unemployment Assistance Act, 1933 , that the Minister for Industry and Commerce may by Order make regulations prescribing any matter or thing which is referred to in the said Act as prescribed or to be prescribed or any matter or thing which is expressly authorised by the said Act to be prescribed by regulations made by the Minister under the said Act :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of Section 7 of the Unemployment Assistance Act, 1933 , and of every and any other power him in that behalf enabling, hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Unemployment Assistance (Application for Assistance Regulations) Order, 1934.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order and of the regulations hereby made thereunder in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The following regulations shall have effect for the purposes of the Unemployment Assistance Act, 1933 , that is to say :—

I.—In these regulations—

The expression " the Minister " means the Minister for Industry and Commerce.

The expression " the Act " means the Unemployment Assistance Act, 1933 .

The expression " applicant " means a holder of a qualification certificate who has duly made an application for unemployment assistance in accordance with these regulations.

Other expressions have the same meaning as they have in the Act.

II.—Where under these regulations the Minister is empowered to give directions on any matter, the directions may be given either generally or as regards any special case or any special class or district.

III.—Where by any regulations made at any time after these regulations any article or part of any article or words are directed to be added to or omitted from these regulations, or to be substituted for any other article or part of any article or words in these regulations, then copies of these regulations, printed under the authority of the Office of Stationery after such direction takes effect may be printed with any article or part of any article or words so added or omitted or substituted as such direction requires, and with the articles and paragraphs thereof numbered in accordance with such direction, and these regulations shall be construed as if they had, at the time at which such direction takes effect, been made with such addition, omission or substitution, and a reference in any regulations made by order of the Minister to the Unemployment Assistance (Application for Assistance Regulations) Order, 1934, shall, unless the context otherwise requires, be construed to refer to these regulations as amended by any other regulations for the time being in force.

IV.—The manner of application for unemployment assistance under sub-section (1) of Section 14 of the Act by any person who is the holder of a qualification certificate shall be as follows, that is to say :—

The applicant shall—

(a) attend between such hours as the Minister may direct at a duly authorised Employment Exchange or Branch Employment Office or other place appointed by the Minister and there make application in accordance with the form set out in the First Schedule to this Order or in such other manner as the Minister may direct or may accept as sufficient in any special case ; and

(b) deliver his qualification certificate to an unemployment assistance officer ; and

(c) furnish such additional information or evidence as the Minister may require that he complies with the statutory conditions and that he is not disqualified under the Act for receiving or continuing to receive unemployment assistance ; and

(d) verify by statutory declaration, if required by the Minister, all or any of the statements made by him in the form set forth in the Schedule to these regulations ; and

(e) furnish such additional evidence of age as the Minister may require.

Provided that the Minister may if he considers necessary or expedient so to do, by directions, dispense with such attendance at any of the said places, and in such event the application shall be made at such place and with such modifications (if any) of the said form as the Minister may direct.

V.— 1) A person who has duly made an application for unemployment assistance shall prove that, since the date of his application for unemployment assistance, he has been continuously unemployed and shall satisfy an unemployment assistance officer that he complies with the statutory conditions for receiving unemployment assistance in the following manner, that is to say :—

(a) he shall attend between such hours as the Minister may direct at a duly authorised Employment Exchange or Branch Employment Office or other place appointed by the Minister and there on every working day shall sign a register in the form set out in the Second Schedule to this Order and shall furnish such further information or evidence as the unemployment assistance officer may require, provided that :—

An applicant residing at a distance of more than two miles from the Employment Exchange or Branch Employment Office or other place appointed by the Minister which may be nearest or most convenient to his place of residence may be required to attend only on such days and at such intervals as the Minister may direct, and he may be required to sign the said register in respect both of the day on which he is required to attend and the day or days on which he is not required to attend, and to furnish such further information or evidence as the unemployment assistance officer may require.

(b) the Minister may direct, or direct subject to conditions, that an applicant be excused from such attendance and signature on any day on which he would otherwise have been required to attend and sign the said register ; and

(c) the Minister may direct that an applicant, notwithstanding that he has duly signed the said register in accordance with these regulations, shall furnish further evidence that he complies with the statutory conditions for receiving unemployment assistance.

(2) Subject to the provisions of these regulations an applicant shall not be deemed to have complied with the statutory conditions for the receipt of unemployment assistance on any day in respect of which he has not duly signed the said register in accordance with these regulations.

VI.—Subject to any directions of the Minister, unemployment assistance shall be paid at weekly intervals to the applicant or to a person authorised by him, in writing, to receive it on his behalf and on such day or days of the week and at such hours as the Minister may direct, and subject to any such directions the amount paid on any occasion shall be the amount of unemployment assistance due up to and including the day next but one preceding the day on which the payment is made.

VII.—A qualification certificate duly delivered to the unemployment assistance officer in accordance with paragraph (b) of No. IV of these regulations shall be retained at a duly authorised Employment Exchange or Branch Employment Office or other office of the Minister or other place appointed by the Minister in such manner as the Minister may consider appropriate during the period beginning on the date on which the holder of such certificate duly makes an application for unemployment assistance and ending on the date on which the holder ceases to be in receipt of unemployment assistance or such later date as the holder may request its return.

By Order of the Minister for Industry and Commerce.

Dated this 10th day of April, 1934.

JOHN LEYDON, Secretary.

Department of Industry and Commerce.

FIRST SCHEDULE.

APPLICATION FOR UNEMPLOYMENT ASSISTANCE.

I............................................................ .................................... of............................................................ ......... hereby apply for unemployment assistance. I declare that :—

(1) My date of birth is............................................................ ............................................................ ..........

(2) I was last employed by :

(i) Name............................................................ ............................................................ ..................

(ii) Address............................................................ ............................................................ ...........

(iii) Business of Employer............................................................ ..............................................

(iv) Capacity in which employed............................................................ ..................................

(v) From............................................................ ........... to............................................................ 

(vi) Foreman, Department or Check No............................................................ ......................

(3) I am the person named as the holder of the qualification certificate now delivered by me ;

(4) Since my qualification certificate was issued to me I have not done anything and no change of circumstances or other event has occurred which would invalidate such certificate or would disentitle me to hold such certificate ;

(5) I am unemployed, capable of, available for and genuinely seeking but unable to obtain employment suitable for me having regard to my age, sex, physique, education, normal occupation, place of residence and family circumstances ;

(6) I am not in receipt of or entitled to :

(i) a pension under Section 6 of the Old Age Pension Act, 1932 ;

(ii) any sickness or disablement allowance under the National Health Insurance Acts, 1911 to 1933 ;

(iii) any unemployment benefit or benefit under a Special Scheme under the Unemployment Insurance Acts, 1920 to 1933.

(7) (i) During the past year I have ordinarily resided at the following address or addresses :—

(ii) During the past year I have been employed as follows :—

Signature of Applicant.............................................

Date of Signature...........................................

CONTINUATION OF APPLICATION FOR UNEMPLOYMENT ASSISTANCE

(TO BE COMPLETED BY APPLICANTS WITH DEPENDANTS.)

1.—Name of Applicant............................................................ ............................................................ .

Address ............................................................ ............................................................ .................

II.—Particulars of Dependants.

III.—(a) If your wife is named in Paragraph II. state :

(i) Wife's maiden name............................................................ ...............................

(ii) Is she living with you ?............................................................ ........................

(iii) Date and place of Marriage ............................................................ ...............

(iv) Does she work (otherwise than at her household duties) regularly for wages or other remuneration ?............................................................ ....................................

(b) If your husband is named in Paragraph II., state :

(i) Date and place of Marriage............................................................ ................

(ii) Is he living with you ?............................................................ ........................

(iii) Is he supported by you ?............................................................ .................

(iv) Why is he unable to support himself ?.....................................................

(c) If your children, step children, or children to whom you have placed yourself in loco parentis are named in paragraph II, state :

(i) Is each of them wholly or mainly supported by you ?........................................................

(ii) Which of them are not your children or step children ?....................................................

(iii) What responsibility have you undertaken for these ?.....................................................

(d) If your mother is named in Paragraph II, state :

(i) Have you undertaken responsibility for her support ?..................................................

(ii) Why is she unable to support herself ?............................................................ ...............

(iii) Is her husband alive ?............................................................ ............................................

(iv) Why is he unable to support himself ?............................................................ ...............

(e) If your father is named in Paragraph II, state :

(i) Have you undertaken liability for his support ?............................................................ ..

(ii) Why is he unable to support himself ?............................................................ ................

(f) If your brother or sisters are named in Paragraph II, state :

(i) Are they normally supported by you ?............................................................ .................

(ii) Are your parents dead ?............................................................ .........................................

(iii) Why are they unable to to support themselves ?.........................................................

(j) Give the following particulars in respect of any persons under 18 years of age named in Paragraph II.:

DECLARATION.

I, the undersigned, hereby declare that the persons named in this application are dependants within the meaning of Section 5 of the Unemployment Assistance Act ; that to the best of my knowledge and belief no other person is claiming them as dependants under the said Act, and that all the statements made by me on this form are true. I undertake to notify the Local Officer of the Department of Industry and Commerce if, at any time while I am in receipt of Unemployment Assistance under the above Act, any of the above particulars cease to be true.

* Signature............................................................ ...................................................

†Signature of Witness to " Mark "............................................................ ...........

Address of Witness to " Mark "............................................................ .................

............................................................ .......—

Date............................................................ 

*If you are unable to write, your mark should be affixed and duly witnessed.

CONFIRMATION (See Note).

The particulars stated in this application are true and correct to the best of my knowledge and belief

Signature............................................................ ...........

Description............................................................ .......

Address............................................................ ...........

............................................................ .............

Date....................................

NOTE.—The confirmation must be signed by one of the following : A local Peace Commissioner ; a Barrister or Solicitor ; a Minister of Religion ; a Registered Medical Practitioner ; a Schoolmaster or Teacher of a day school ; a Home Assistance Officer ; a member of a County Board of Health ; a County, City, Borough or Urban District Councilor ; a Secretary or other responsible local representative of the applicant's Trade Union.

SECOND SCHEDULE.

UNEMPLOYED REGISTER.

I hereby declare in respect of the day in the week ending on the date shown below under which may signature or mark or initials are inserted that :

(i) I am unemployed, capable of, available for and genuinely seeking, but unable to obtain employment suitable for me ;

(ii) I comply with all the statutory conditions specified in Section 15 of the Unemployment Assistance Act, 1933 ;

iii) I am not disqualified for receiving Unemployment Assistance under Section 16 of the Unemployment Assistance Act, 1933 ;

(iv) My dependants within the meaning of Section 5 of the Unemployment Assistance Act, 1933 , are :—

..................................... Wife, .......................................Husband,................................Others.

Week ending.............         ......................................................