S.I. No. 2/1953:

SOCIAL WELFARE (UNEMPLOYMENT BENEFIT AND MISCELLANEOUS PROVISIONS) (TRANSITIONAL) REGULATIONS, 1953.

SOCIAL WELFARE (UNEMPLOYMENT BENEFIT AND MISCELLANEOUS PROVISIONS) (TRANSITIONAL) REGULATIONS, 1953.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 66 and 69 of the Social Welfare Act, 1952 (No. 11 of 1952), and of all other powers enabling him in this behalf, and with the sanction of the Minister for Finance so far as those powers are derived from the said sections 66 and 69, hereby makes the following regulations :

1. These Regulations may be cited as the Social Welfare (Unemployment Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953.

2. These Regulations shall come into operation on the 5th day of January, 1953.

3.--(1) Save where the context otherwise requires, in these Regulations--

" the Act " means the Social Welfare Act, 1952 (No. 11 of 1952) ;

" the appointed day " means the 5th day of January, 1953 ;

" benefit " means benefit under the Unemployment Insurance Acts or out-of-work benefit under the Scheme or payment in lieu of benefit under an arrangement made under the Unemployment Insurance Acts, and references to right to benefit shall be construed accordingly ;

" continuous period of unemployment " means a continuous period of unemployment for the purposes of the Unemployment Insurance Acts, the Unemployment Assistance Acts or the Scheme ;

" existing contributor " has the meaning assigned to it in Regulation 4 of these Regulations ;

" insurance year " means an insurance year for the purposes of the Unemployment Insurance Acts ;

" the National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1952 ;

" the Scheme " means the Insurance Industry Unemployment Insurance Scheme established under the Unemployment Insurance Acts ;

" the Unemployment Assistance Acts " means the Unemployment Assistance Acts, 1933 to 1952 ;

" the Unemployment Insurance Acts " means the Unemployment Insurance Acts, 1920 to 1952 ;

and other expressions have the same meanings as in the Act.

(2) A reference in these Regulations to any enactment or regulations includes a reference to that enactment or regulations as amended or extended by any subsequent enactment, order or regulations.

4.--(1) In these Regulations, a reference to an existing contributor shall be construed as a reference to any person whose insurance under the National Health Insurance Acts was effective immediately before the appointed day.

(2) Where insurance under the National Health Insurance Acts has ceased by reason only of the provisions of--

(i) paragraph (a) of article 4 of the Schedule to the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1948 ( S.I. No. 310 of 1948 ), or

(ii) subparagraph (a) of paragraph (2) of article 9 of the Schedule to the Social Welfare (Northern Ireland Reciprocal Arrangements) Order, 1949 ( S.I. No. 97 of 1949 ), or

(iii) subparagraph (a) of paragraph (1) of article 5 of the Schedule to the Social Welfare (Isle of Man Reciprocal Arrangements) Order, 1952 ( S.I. No. 309 of 1952 ),

such insurance shall be treated for the purposes of these Regulations as having been effective immediately before the appointed day.

5.--(1) In determining whether the contribution condition for unemployment benefit which relates to the payment of twenty-six employment contributions contained in paragraph 1 of the Fourth Schedule to the Act is satisfied--

(a) in the case of a male existing contributor, the following contributions shall be treated as employment contributions :

every contribution actually paid under the National Health Insurance Acts by or in respect of the contributor,

(b) in the case of a female existing contributor, the following contributions shall be treated as paid ordinary rate employment contributions :

(i) every contribution actually paid under the National Health Insurance Acts by or in respect of the contributor before the 6th day of October, 1952, provided that the contributor either surrendered a National Health Insurance Card and an Unemployment Book for the purpose of obtaining an Insurance Card current for the period from the 6th day of October, 1952, to the 5th day of July, 1953, or, during the whole or any part of the period from the 8th day of October, 1951, to the 5th day of October, 1952, was a person to whom the Scheme applied,

(ii) contributions paid not later than the day immediately preceding the appointed day, under the Unemployment Insurance Acts or the Scheme, in respect of the contributor in respect of the period from the 6th day of October, 1952, to the day immediately preceding the appointed day.

(2) For the purposes of this Regulation contributions paid under the National Health Insurance Acts in respect of insurance as a voluntary contributor or in respect of periods prior to the entry into the insurance subsisting on the day immediately preceding the appointed day shall not be taken into account.

6. The contribution condition for unemployment benefit contained in subparagraph (b) of paragraph 1 of the Fourth Schedule to the Act shall not apply as respects unemployment benefit claimed in respect of any day--

(a) in the period from the appointed day to the 6th day of June, 1954, in the case of a male existing contributor, and

(b) in the period from the appointed day to the 5th day of December, 1954, in the case of a female existing contributor.

7. It shall be an additional condition for unemployment benefit in the case of a female existing contributor who claims that benefit in respect of a period of interruption of employment beginning in the benefit year commencing on the 7th day of December, 1953--

(a) if, in the period from the 6th day of October, 1952, to the 5th day of July, 1953--

(i) no contributions were paid in respect of her, that the non-payment of contributions was due to sickness or unemployment, or

(ii) the only contributions paid by or in respect of her were contributions under the National Health Insurance Acts or special rate employment contributions under the Act or the total number of contributions paid includes such contributions, that of the contributions paid in the period from the 8th day of October, 1951, to the 5th day of July, 1953, by or in respect of her, exclusive of contributions under the National Health Insurance Acts paid in respect of periods for which contributions under the Unemployment Insurance Acts or the Scheme were paid, at least half were contributions under the Unemployment Insurance Acts or the Scheme or ordinary rate contributions under The act, or

(b) that in respect of all her employment in the period from the 6th day of October, 1952, to the 5th day of July, 1953, contributions under the Unemployment Insurance Acts or the Scheme or ordinary rate employment contributions under the Act were paid.

8. It shall be an additional condition for unemployment benefit in the case of a female existing contributor who claims that benefit in respect of a period of interruption of employment beginning in the benefit year commencing on the 6th day of December, 1954--

(a) if, in the period from the 6th day of October, 1952, to the 4th day of July, 1954, no contributions were paid in respect of her, that the non-payment of contributions was due to sickness or unemployment, or

(b) if, in the period from the 6th day of October, 1952, to the 4th day of July, 1954, contributions were paid--

(i) that in respect of all her employment in that period contributions under the Unemployment Insurance Acts or the Scheme or ordinary rate employment contributions under the Act were paid, or

(ii) that, at least half of the total, exclusive of National Health Insurance contributions paid in respect of periods for which contributions under the Unemployment Insurance Acts or the Scheme were paid, are contributions under the Unemployment Insurance Acts or the Scheme or ordinary rate employment contributions under the Act.

9.--(1) It shall be an additional condition for unemployment benefit in the case of a female existing contributor who claims that benefit in respect of a period of interruption of employment beginning in the benefit year commencing on the 5th day of December, 1955--

(a) if, in the period from the 6th day of October, 1952, to the 3rd day of July, 1955, no contributions were paid in respect of her, that the non-payment of contributions was due to sickness or unemployment, or

(b) if, in the period from the 6th day of October, 1952, to the 3rd day of July, 1955, contributions were paid in respect of her, that--

(i) in respect of the contribution year immediately preceding the said benefit year, at least twenty-six ordinary rate employment contributions were paid, or

(ii) in respect of the two contribution years immediately preceding the said benefit year, at least twenty-six employment contributions have been paid and at least half of the total number of employment contributions paid are ordinary rate employment contributions, or

(iii) in respect of the period commencing at the beginning of the contribution year immediately preceding the said benefit year and ending on the date of claim, at least twenty-six employment contributions have been paid and at least half of the total number of employment contributions paid are ordinary rate employment contributions.

(2) The minimum of twenty-six employment contributions prescribed by clauses (ii) and (iii) of sub-paragraph (b) of paragraph (1) of this Regulation may be reduced by the number of contribution weeks in respect of which the claimant proved incapacity for work or unemployment.

10. In calculating for the purpose of the condition in each of the immediately preceding three Regulations whether half of the total number of contributions paid were contributions under the Unemployment Insurance Acts or the Scheme or at the ordinary rate under the Act, such total number where it is odd shall be increased by one.

11.--(1) In determining whether the requirement of one hundred and fifty-six paid employment contributions for the purposes of subsection (2) of section 16 of The Act has been satisfied in respect of an existing contributor, every two contributions actually paid by or in respect of him under the National Health Insurance Acts shall be treated as three employment contributions paid under the Act, an odd contribution under the National Health Insurance Acts being treated as two employment contributions paid under the Act.

(2) For the purposes of this Regulation contributions paid under the National Health Insurance Acts in respect of insurance as a voluntary contributor or in respect of periods prior to the entry into the insurance subsisting on the day immediately preceding the appointed day shall not be taken into account.

12. Where days of proved unemployment so occur either before and on or before, on and after or before and after the appointed day that they form three days of unemployment in any period of six consecutive days, such days of proved unemployment, so far as occurring before the appointed day, shall be reckoned as days of a period of interruption of employment for the purposes of subsection (2) of section 15 of the Act and, so far as occurring on or after the appointed day, shall be reckoned as part of a continuous period of unemployment for the purposes of the Unemployment Insurance Acts or the Unemployment Assistance Acts or the Scheme.

13. Where, in the case of any person, the last day of a continuous period of unemployment within the meaning of the Unemployment Insurance Acts or the Scheme occurred not more than twenty weeks before the first day of a period of interruption of employment, subsection (2) of section 15 of the act shall not apply to the first three days of the period of interruption of employment.

14.--(1) Subject to paragraph (2) of this Regulation, where on or after the appointed day, a person who was insured under the Unemployment Insurance Acts or the Scheme proves that, but for the Act, he would have been entitled to benefit in respect of any day, he shall, in respect of that day, be paid unemployment benefit under the Act.

(2) Unemployment benefit shall not, by virtue of this Regulation, be payable for any day in respect of which a person is entitled to unemployment benefit under the provisions of Part III of the Act, for any day after a person has exhausted his right to such unemployment benefit or for any day after the 5th day of January, 1955.

15. Where, in respect of any person, the last day in his last continuous period of unemployment and the first day in his first period of interruption of employment were not separated by a period of more than twenty weeks and such person had not exhausted his right to benefit, he may be paid, on and from the first day in such period of interruption of employment, unemployment benefit under the Act for a number of days equal to the number of days' benefit to which he would have been entitled but for the Act, and each such day's unemployment benefit shall be taken into account in determining pursuant to subsection (2) of section 16 of the Act whether such person has exhausted his right to unemployment benefit.

16.--(1) Where--

(a) an existing contributor was before the appointed day disqualified under subsection (2) of section 8 of the Unemployment Insurance Act, 1920, or paragraph (2) of Article 7 of the Scheme or subsection (2) of section 16 of the Unemployment Assistance Act, 1933 (No. 46 of 1933), as amended by section 35 of the Social Welfare Act, 1948 (No. 17 of 1948), for receiving benefit or assistance for a period, and

(b) that period had not expired on the appointed day, such contributor shall, during the remainder of that period, be disqualified for receiving unemployment benefit under the Act.

(2) Where--

(a) any claim for benefit or application for unemployment assistance had been made by an existing contributor, and

(b) by reason of the provisions of section 10 of the Unemployment Insurance (No. 2) Act, 1921, or the relevant provisions of the Scheme or section 12 of the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935), the claim or application did not need to be determined for a period of six weeks, and

(c) that period had not expired on the appointed day,

any claim to unemployment benefit under the Act made by such existing contributor need not be decided until the expiration of that period.

17.--(1) Where an employer has failed or neglected--

(a) to pay any contributions which under the National Health Insurance Acts or the Unemployment Insurance Acts he was liable to pay before the appointed day in respect of any employed person in his employment, or

(b) to comply in relation to any such person with the requirements of any regulations made under the said Acts relating to the payment and collection of contributions,

and by reason thereof that person has lost in whole or in part any unemployment benefit to which he would have been entitled under the Act, he shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the unemployment benefit lost.

(2) Where a person has lost unemployment benefit in a case referred to in paragraph (1) of this Regulation and has not taken proceedings under that paragraph, the Minister may, in the name of and on behalf of such person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the unemployment benefit lost.

(3) Proceedings may be taken under this Regulation notwithstanding that proceedings have been taken in respect of the same failure or neglect under any provision of the National Health Insurance Acts or the Unemployment Insurance Acts, other than section 24 of the Unemployment Insurance Act, 1920.

18. If it is found on or after the appointed day that any person, having been in receipt of benefit during any period during which he was not entitled to payment thereof, would but for the Act have been liable in accordance with section 9 of the Unemployment Insurance Act, 1923 (No. 17 of 1923), or the corresponding provision (which relates to overpayment) of the Scheme to repay to the Unemployment Fund or to the Insurance Fund of the Scheme, as the case may be, any sums paid to him in respect of benefit during the period aforesaid and those sums could under that section or corresponding provision have been recovered by means of deduction from any benefit, any such sums shall be recoverable by deduction from unemployment benefit under the Act or otherwise from that person in like manner as if they were sums paid to that person on account of that benefit under the Act which it is subsequently decided was not payable and any amount so recovered shall be paid into the Fund.

19. Every question or appeal falling to be dealt with under section 10 or section 11 of the Unemployment Insurance Act, 1920, or any corresponding provision of the Scheme, which is pending on the appointed day, and every such question and appeal arising on or after the appointed day, shall, as may be appropriate, be treated as if it were a question or appeal falling to be dealt with under section 42, 44, 45 or 46 of the Act.

20.--(1) The powers and duties of inspectors appointed under the Unemployment Insurance Acts in relation to any matters in connection with those Acts pending on or arising after the appointed day shall be exercised or performed by inspectors under the Act.

(2) Any document referring to any provision of the Unemployment Insurance Acts repealed by the Act shall, in so far as it continues in force from the appointed day, be construed as referring to the corresponding provision of the Act.

21. For the purpose of subsection (9) of section 39 of the Act, account may be taken to such extent as the Minister for Finance may consider appropriate of any adjustment falling to be made of payments under section 5 and section 12 of the Unemployment Insurance Act, 1920, in respect of any period prior to the appointed day.

22. For the purposes of paragraph (f) of subsection (3) of section 10 and of paragraph (f) of subsection (1) of section 15 of the Unemployment Assistance Act, 1933 (No. 46 of 1933), the first contribution year under the Act shall be taken to mean the period from the appointed day to the 5th day of July, 1953.

GIVEN under the Official Seal of the Minister for Social Welfare this 2nd day of January, One Thousand Nine Hundred and Fifty-three.

(Signed) SÉAMAS Ó RIAIN,

Minister for Social Welfare.