S.I. No. 238/1992:

SOCIAL WELFARE (UNEMPLOYMENT ASSISTANCE) REGULATIONS, 1992.

SOCIAL WELFARE (UNEMPLOYMENT ASSISTANCE) REGULATIONS, 1992.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 , 136 , 137 , 142 , 146 and 147 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:--

PART I GENERAL

1. These Regulations may be cited as the Social Welfare (Unemployment Assistance) Regulations, 1992.

2. In these Regulations--

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

"activity" means participation by a person--

( a ) aged 21 years or over in a course of education approved by the Minister as being at second level or aged 23 years or over in a course of education approved by the Minister as being at third level, at a centre approved by the Minister in consultation with the Minister for Education leading to a certificate recognised by the Minister for Education, or

( b ) in a course of education, training or development approved by a company, known as an Area Partnership, in consultation with the Minister, or

( c ) aged 21 years of over in such other course of education as the Minister may from time to time approve;

"claimant" means a person who has made an application for unemployment assistance;

"continuous period of unemployment" shall be construed in accordance with subsection (3) of section 136 of the Principal Act;

"day of unemployment" means a day in respect of which a person--

( a ) proves to the satisfaction of the Minister that he is unemployed and available for employment, and

( b ) does not work for wages or other remuneration, whether paid in money or otherwise.

"local office" means an office of the Department of Social Welfare or other place appointed by the Minister as a local office for the purposes of the Principal Act;

"recipient" means a person entitled to unemployment assistance.

3. These Regulations shall come into operation on the 29th day of July, 1992.

4. (1) The Regulations specified in the Schedule to these Regulations are hereby revoked.

(2) Paragraph (a) of article 6 and paragraph (a) of article 8 of the Social Welfare (Payments to Appointed Persons) Regulations, 1990 ( S.I. No. 248 of 1990 ) are hereby revoked.

PART II ENTITLEMENT TO UNEMPLOYMENT ASSISTANCE

5. A person shall prove unemployment for the purposes of section 136 (1) (c) of the Principal Act by attending at a local office and at such time as the Minister may direct for the purpose of making a written declaration, in such form as the Minister may determine or by making such declaration in such other manner as the Minister may determine, that

( a ) he has been continuously unemployed since the date of his application for unemployment assistance, or

( b ) he has been unemployed or expects to be unemployed during each day in respect of which unemployment assistance is claimed.

6. (1) The yearly value of any property mentioned in section 146 (1) (a) of the Principal Act shall be ascertained as follows--

( a ) the yearly value of the first £400 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

( b ) the yearly value of so much of the capital value of the property as exceeds £400 shall be taken to be one-tenth part of the capital value.

(2) The yearly value of any advantage mentioned in section 146 (1) (c) of the Principal Act shall be ascertained by deducting expenses necessarily incurred from the gross income.

(3) The yearly value of any property mentioned in section 146 (1) (d) of the Principal Act shall be ascertained as follows--

( a ) where the property is of the same nature as the property mentioned in section 146 (1) (a) of the Principal Act, the yearly value shall be ascertained in the manner prescribed in sub-article (1) of this article, and

( b ) where the property is of the same nature as the property mentioned in section 146 (1) (c) of the Principal Act, the yearly value shall be ascertained in the manner prescribed in sub-article (2) of this article.

7. (1) Subject to sub-article (2) of this article, in the case of a person who--

( a ) has attained the age of 55 years but has not attained pensionable age, and

( b ) has been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit for not less than 390 days in any continuous period of unemployment in the immediately preceding period, and

( c ) is in receipt of unemployment assistance at a rate less than the scheduled rate,

unemployment assistance may be payable--

(i) where his weekly means do not exceed £2, at the scheduled rate, and

(ii) where his weekly means exceed £2, at the scheduled rate reduced by £2 for every £2, or part thereof, whereby his weekly means exceed £2.

(2) Where the weekly rate calculated pursuant to paragraph (b) of sub-article (1) of this article is less than £1 the amount payable shall be £1:

Provided that no unemployment assistance shall be payable where the rate so calculated is less than 10p.

8. Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 2 of Part III of the Principal Act, as being employed by virtue of such employment--

( a ) where the first day is a Monday, Tuesday, Wednesday, Thursday or friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday -- he shall be regarded as being employed only on the first day, and that day shall not be treated as a day of unemployment, or

( b ) in any other case -- he shall be regarded as being employed only on the second day, and that day shall not be treated as a day of unemployment.

9. (1) Where by virtue of the provisions of article 8 of these Regulations a person--

( a ) is to be treated as having been employed on one day only of two days, and

( b ) throughout that part of the other of those two days during which that person is not employed,

that person shall, for the purposes of Chapter 2 of Part III of the Principal Act, be deemed to be available for employment, throughout that other of those two days.

(2) In the case of a person who is participating in an activity where, in the continuous period of unemployment in which he commences such activity, he has been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit for a period of not less than 390 days, or in the case of a person to whom article 2 (b) of these Regulations applies, 312 days, he shall be deemed to be available for employment on any day on which he is participating in an activity;

Provided that he has given prior notification to the Minister of his intention to participate in the activity.

(3) In the case of a person who is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) he shall be deemed to be available for employment on any day on which he is undergoing such training.

PART III ADMINISTRATION

Chapter 1 Claims and Payments

10. Subject to any directions given by the Minister in any particular case or class of cases, an application for unemployment assistance shall be made at a local office and every such application shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.

11. The prescribed time for making a claim for unemployment assistance shall be the day in respect of which the claim is made.

12. (1) Every person who makes an application for unemployment assistance shall furnish such evidence of cessation of employment as may be required and for the purpose of deciding the application, such other certificates, documents, information and evidence as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

(2) Every recipient and every person by whom unemployment assistance is receivable on behalf of a recipient shall--

( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to unemployment assistance or to the receipt thereof as the Minister may require, and

( b ) notify the Minister of any change of circumstances which affects his entitlement to unemployment assistance, as soon as is reasonably practicable after the occurrence thereof, but in any event not later than the next date, following the occurrence thereof, on which he is required to prove unemployment in accordance with article 5 of these Regulations.

(3) A person who fails to comply with sub-article (2) of this article shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

13. Unemployment assistance shall be paid in accordance with a decision under the provisions of the Principal Act as soon as is reasonably practicable after such decision has been given, at such intervals, by such means and at such place as the Minister may determine in any particular case or class of cases.

Chapter 2 Payments to Persons other than the Claimant

14. The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant in respect of unemployment assistance--

( a ) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable by virtue of sections 137 (b) (i) and 137 (b) (ii) of the Principal Act,

( b ) where by reason of means the weekly rate payable is less than the applicable scheduled rate, so much of the assistance as is payable by virtue of sections 137 (b) (i) and 137 (b) (ii) of the Principal Act, reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate.

15. Notwithstanding the provisions of article 14 of these Regulations, in the case of a claimant who is living together with a person in respect of whom he is entitled to or in receipt of an increase of unemployment assistance for an adult dependant, the Minister may, where it appears to him that the circumstances so warrant, appoint the adult dependant to receive and deal with on behalf of the claimant--

( a ) where the weekly rate payable is a scheduled rate, so much of the assistance as is payable by virtue of section 137 (b) (ii) of the Principal Act, together with one half of the aggregate sum of the appropriate rate of unemployment assistance as set out in column (2) of Part I of the Fourth Schedule to that Act and the increase in assistance payable by virtue of section 137 (b) (i) of the said Act,

( b ) where by reason of means the weekly rate payable is less than the applicable scheduled rate so much of the assistance as is payable by virtue of section 137 (b) (ii) the Principal Act, together with one half of the aggregate of--

(i) the appropriate rate of unemployment assistance as set out in column (2) of Part I of the Fourth Schedule to that Act, and

(ii) the increase in assistance payable by virtue of section 137 (b) (i) of the said Act,

reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate.

16. (1) The Minister may at any time revoke an appointment made under these Regulations and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.

(2) The receipt of a person appointed under article 14 or article 15 of these Regulations shall be a good discharge to the Minister for any sums paid to such person on behalf of the applicant.

17. (1) On the death of a claimant or recipient the Minister may allow such person as he thinks fit to proceed with or to make a claim for unemployment assistance in the name of such claimant or recipient.

(2) On the death of a recipient, any sum payable in respect of unemployment assistance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows--

( a ) where the recipient died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

( b ) where the recipient died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister for the sum so paid.

(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

SCHEDULE

Article 4

Revocation of Regulations

GIVEN under the Official Seal of the Minister for Social Welfare, this 29th day of July, 1992.

CHARLIE McCREEVY,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 29th day of July, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend and consolidate the existing regulatory provisions relating to the Unemployment Assistance scheme arising from the abolition of Qualification Certificates as provided for in section 27 of the Social Welfare Act, 1992 .

The Regulations prescribe the manner of proving unemployment, outline certain provisions for the calculation of means and specify circumstances in which people will be deemed to be available for employment. These include circumstances where people are participating in certain courses of education or a course of education, training or development approved by the Area Partnerships set up under the Programme for Economic and Social Progress.

The Regulations also provide for the administrative provisions relating to claims and payments.