S.I. No. 109/1943 - Insurance (Intermittent Unemployment) (Supplementary Benefit) Regulations, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 109.

INSURANCE (INTERMITTENT UNEMPLOYMENT) (SUPPLEMENTARY BENEFIT) REGULATIONS, 1943.

The Insurance (Intermittent Unemployment) (Supplementary Benefit) Regulations, made by the Minister for Industry and Commerce on the 16th day of March, 1943, pursuant to the Insurance (Intermittent Unemployment) Act, 1942 .

The Minister for Industry and Commerce in exercise of the powers conferred on him by the Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942), and of every and any other power him in that behalf enabling, hereby makes the following Regulations :—

PART I. PRELIMINTARY AND GENERAL.

1 Citation.

1. These Regulations may be cited as the Insurance (Intermittent Unemployment) (Supplementary Benefit) Regulations, 1943, and shall come into operation on such date as may be fixed by order of the Minister made under sub-section (4) of section 1 of the Act for the coming into operation of section 28 of the Act.

2 Definitions and General.

2.—(1) In these Regulations, unless the context otherwise requires or admits :—

the expression " the Act " means the Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942), as amended by any order or subsequent enactment ;

the expression " wet-time book " means a wet-time book issued in accordance with the Insurance (Intermittent Unemployment) (Contributions) Regulations, 1943, ( S. R. & O. No. 33 of 1943 ) ;

the expression " unemployment book " means an unemployment book issued in accordance with the Unemployment Insurance (Collection of Contributions) Regulations, 1920 ;

the expression " stamp " means a supplementary insurance stamp.

(2) For the purpose of the Act and these Regulations, a spell of employment shall not be regarded as terminated by the occurrence of intermittent unemployment.

(3) 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.

(4) Any of the powers conferred on the Minister under these Regulations may be exercised by, and anything required by these Regulations to be done by, to or before the Minister may be done by, to or before the Secretary or an Assistant Secretary or any other officer of the Department of Industry and Commerce authorised by the Minister in that behalf.

PART II. NOTIFICATION OF INTERMITTENT UNEMPLOYMENT.

3 Reports on stoppages of work.

3.—(1) When a stoppage of work has occurred on any day and the employer of an insured person or such insured person claims that such stoppage constitutes intermittent unemployment the employer shall on that day transmit a report on the stoppage to a local officer and, except as otherwise provided in this Regulation, the report shall be in the form set out in the First Schedule to these Regulations or in such other form as the Minister may direct or accept.

(2) Where an insured person claims that he has been intermittently unemployed on any day he may send a report on the matter to a local officer and, except as otherwise provided in this Regulation, his report shall be in the form set out in the First Schedule to these Regulations or in such other form as the Minister may direct or accept.

(3) Where by reason of the distance from a local office of the place where an insured person is employed or for any other reason it seems to the Minister to be desirable so to do, he may direct that the reports required under paragraphs (1) and (2) of this Regulation, instead of being sent to a local officer, shall be sent to some other person whom he may name for receiving such reports.

(4) If in any particular case a local officer or other person to whom a report is to be sent under this Regulation is satisfied that it is necessary or desirable to dispense with the requirement of a written report he may, notwithstanding anything contained in paragraphs (1), (2) and (3) of this Regulation, accept, or accept subject to confirmation in writing, a verbal report giving the same information as would be furnished in a written report made in the form set out in the First Schedule to these Regulations.

(5) The following rules shall be observed in the furnishing of the reports required by this Regulation :—

(a) Where stoppages of work which are claimed to constitute intermittent unemployment affect insured persons employed by an employer in different places separate reports shall be made regarding the stoppages occurring at each place.

(b) Separate reports shall be made in respect of each day's stoppages of the aforesaid description.

(6) It shall be the duty of an employer or an insured person by whom a report has been made in accordance with this Regulation, and of any insured person who has lost time and wages in consequence of a stoppage of work referred to in such report, to answer any enquiries addressed to him by a local officer or other person to whom the report has been sent, in regard to any statement made in such report on which further information is required, and to furnish such further particulars regarding a stoppage of work, and of time and wages lost thereby, as the local officer or other person who has received the report may request.

(7) Where a report alleged to have been sent in accordance with this Regulation has not been received the Minister may require the employer or the insured person, as the case may be, to furnish a fresh report and it shall be the duty of the employer or the insured person to comply with any such requirement.

PART III. INTERMITTENT UNEMPLOYMENT AND THE STATUTORY CONDITIONS.

4 Employer to satisfy himself regarding intermittent unemployment.

4. An employer shall satisfy hinself by reference to the facts and information in each case whether an insured person in his employment was intermittently unemployed during any period :—

Provided that an insured person may not be regarded as intermittently unemployed during any stoppage of work unless—

(a) the employment in which the stoppage of the insured person's work occurred was insurable employment ;

(b) there was unemployment and consequent loss of wages to the insured person due to the stoppage ; and

(c) the stoppage of work was unavoidable owing to inclement weather.

5 Excepted days and times.

5. In calculating the number of hours of an insured person's intermittent unemployment an employer shall take no account of intermittent unemployment occurring on

(a) a Sunday ;

(b) a public holiday within the meaning of the Conditions of Employment Act, 1936 ;

(c) the first day of the insured person's spell of insurable employment with that employer ;

(d) any day—

(i) during mealtime, or

(ii) during overtime.

6 Evidence of the occurrence of intermittent unemployment.

6. Unless and until the contrary is shown to be the case, a certificate relating to intermittent unemployment—

(a) by an insured person in the form set out at (2) of section 5 of the Second Schedule to these Regulations, or

(b) by an employer in the form set out at (2) of the Third Schedule to these Regulations,

or in such other form in each case as the Minister may direct or accept, shall be sufficient evidence of the truth of the matters so certified.

7 Rules respecting the statutory conditions.

7. In the case of an insured person who has been intermittently unemployed on any day his employer shall satisfy himself by reference to the facts, evidence and information whether the statutory conditions for the receipt of supplementary benefit are fulfilled—

Provided that

(1) the first statutory condition may not be regarded as having been fulfilled unless—

(a) twelve or more stamps of the appropriate value were duly affixed to the insured person's current wet-time book prior to the week in which the intermittent unemployment occurred;

or

(b) the number of weekly contributions certified as having been paid by statements entered on the insured person's current wet-time book in accordance with Regulations made under the Act is twelve or more ;

or

(c) the sum of the number of stamps so affixed and the number of weekly contributions so certified as having been paid is twelve or more ;

(2) the second statutory condition may not be regarded as having been fulfilled unless—

(a) the current unemployment book of the insured person was in the employer's possession on that day ;

or

(b) a local officer has certified that the insured person's current unemployment book was not delivered to a local office in connection with a claim to unemployment benefit or an application for unemployment assistance in respect of that day ;

(3) the third statutory condition may not be regarded as having been fulfilled unless the employer has received, from the person to whom a report of the intermittent unemployment occurring on that day has been sent in accordance with Part II of these Regulations, an acknowledgment of its receipt.

8 Evidence of the fulfilment of the statutory conditions.

8. Unless and until the contrary is shown to be the case, a certificate by an employer in the form set out at (3), (4) and (5) of the Third Schedule to these Regulations, or in such other form as the Minister may direct or accept, shall be sufficient evidence of the fulfilment in the case of the insured person of the said statutory conditions.

9 Determination of questions of doubt.

9. Any employer or insured person who desires to obtain a decision by an insurance officer on any question, the duty of determining which is placed upon such officer by section 40 of the Act, or any employer who is directed to obtain such decision by a local officer or other person to whom a report of intermittent unemployment has been sent in accordance with Part II of these Regulations, shall apply for the determination of such question in the form set out in the Fourth Schedule to these Regulations, or in such other form as the Minister may direct or accept.

10 Procedure of Courts of Referees.

10. The procedure to be followed by courts of referees in the consideration and examination of questions referred to them under section 40 of the Act shall be the procedure prescribed for courts of referees in the performance of their functions under the Unemployment Insurance Acts, 1920 to 1941.

PART IV. SUPPLEMENTARY BENEFIT.

Rules relating to the payment of supplementary benefit and applications for repayment.

11 Time of payment.

11. Subject to the provisions of the Act and of these Regulations and to any directions of the Minister, any amount of supplementary benefit to which an insured person becomes entitled shall be paid to him by his employer as soon as possible after the date on which occurred the intermittent unemployment in respect of which the supplementary benefit is due :

Provided that no insured person shall be entitled by virtue of this provision to receive payment of supplementary benefit due to him except at such time as is fixed by the employer for the payment of wages or at such other time either within or immediately before or after working hours as may be specially fixed by the employer for the purpose :

Provided also that an insured person, who is unable to attend at the time fixed for the payment of supplementary benefit, may authorise in writing some other person to receive on his behalf the amount of supplementary benefit due to him and, in such case, it shall be the duty of the employer to pay the said amount to the person so authorised.

12 Entries on the form of receipt and manner of payment.

12.—(1) Before any amount of supplementary benefit due to an insured person is paid to him, his employer shall complete sections 1, 2, 3 and 4 of the form of receipt set out in the Second Schedule to these Regulations, entering in section 3 particulars of such intermittent unemployment as has occurred during working hours but excluding such as occurred during the excepted days and times referred to in Regulation 5 of these Regulations.

(2) The form prepared in the manner indicated in the preceding paragraph of this Regulation shall be delivered by the employer to the insured person for signature of the certificate and receipt in section 5 of the form. The amount of supplementary benefit shown thereon as payable shall be paid to the insured person in exchange for the form with section 5 thereon duly completed by him :

Provided that if payment is to be made in any case to a deputy, duly authorised in writing by an insured person to receive payment on his behalf, the amount due shall be paid to the deputy in exchange for the form with section 6 thereon duly completed by the deputy :

Provided also that an insured person's certificate and his or his deputy's receipt may be in any other form the Minister may direct or accept.

13 Schedule of payments and vouchers.

13.—(1) Each payment made in the manner prescribed in Regulation 12 of these Regulations shall be entered by the employer in a schedule of payments giving the name of the insured person, the number of his wet-time book, the number of hours lost through intermittent unemployment, the amount paid and such other particulars as the Minister may direct.

(2) The employer shall attach to, or associate with, the schedule of payments the following vouchers, that is to say, the receipt of the insured person or his deputy for each amount entered thereon, the insured person's written authority for any payment made to a deputy, the acknowledgment of the receipt of the reports of the occurrence of intermittent unemployment made pursuant to Part II of these Regulations and any other relevant documents that the Minister may direct.

14 Employer's application for repayment.

14.—(1) An application by an employer for repayment out of the Supplementary Unemployment Fund of amounts of supplementary benefit paid by him shall contain a certificate by him of the fulfilment of the statutory conditions and the other provisions of the Act in the case of the insured persons who received the payments and such application and certificate shall be made in the form set out in the Third Schedule to these Regulations or in such other form as the Minister may direct or accept.

(2) When an employer applies for repayment of the amounts of supplementary benefit paid by him he shall transmit with his application the schedule of payments and the vouchers to such address as the Minister may direct.

15 Payment in money.

15. Every payment of supplementary benefit made by an employer to an insured person shall be made in coin or notes of legal tender out of moneys provided by the employer.

PART V. EMPLOYER'S DUTY TO KEEP RECORDS AND FURNISH INFORMATION.

16 Records to be kept.

16.—(1) Every employer by whom any person is employed in insurable employment shall keep a record of the following particulars in respect of each such insured person :

(a) the insured person's name and wet-time book number ;

(b) the dates on which the insured person was employed by him in insurable employment ;

(c) the dates on which the insured person was intermittently unemployed and the hours of intermittent unemployment on each such date ;

(d) the amounts of supplementary benefit paid to the insured person and the dates of payment.

Production of records and furnishing of information.

(2) The employer shall produce such record for inspection when required so to do by an inspector or by a local officer and, when required, shall furnish to an inspector or local officer or insurance officer such information as may be required as to the insured person's employment, intermittent unemployment, the supplementary benefit paid to him and other matters incidental to these matters.

PART VI. DECEASED OR INSANE PERSONS.

17 Employers excused.

17. Notwithstanding anything in these Regulations, an employer is hereby excused from making payment of supplementary benefit due to an insured person who has become of unsound mind or has died ; he shall not make any such payment, but shall report the circumstances of the case to a local officer, furnish such further information as may be required by such officer, and inform any person who applies to him for payment of the amount due that such application should be made at the local office.

18 Persons of unsound mind.

18.—(1) When a person to or in respect of whom any sums are payable out of the Supplementary Unemployment Fund, (whether by way of supplementary benefit, or by way of repayment of supplementary benefit, or by way of repayment of weekly contributions paid under the erroneous belief that weekly contributions were payable under the Act), becomes of unsound mind an application for any sums so payable shall be made to the Minister by the committee of his estate, or the person by whom any of the powers of the committee of his estate are exercisable.

(2) The form of receipt issued on such application shall be made out in the name of such committee, or person by whom any of the powers of such committee are exercisable, and the receipt of such committee or person shall be a good discharge to the Minister and the Supplementary Unemployment Fund for the sum specified in such receipt.

(3) Where a person becomes of unsound mind, and no committee of his estate, or person authorised to exercise any of the powers of a committee of his estate, has been appointed, the Minister may, when it is proved to his satisfaction that it is just and expedient so to do, appoint any person whom he shall judge proper to receive on behalf of, or as representative of, the person who becomes of unsound mind any sums payable out of the Supplementary Unemployment Fund to or in respect of him.

19 Deceased persons.

19.—(1) When a person to or in respect of whom any sums are payable out of the Supplementary Unemployment Fund dies an application for any sums so payable shall be made to the Minister by the executor of his will, or the administrator to his estate, or by a person acting on behalf of the executor or administrator as the case may be.

(2) The form of receipt issued on such application shall be made out in the name of such executor, administrator or person acting on behalf of the executor or administrator, and his receipt shall be a good discharge to the Minister and the Supplementary Unemployment Fund for the sum specified in such receipt.

(3) Where any sums are payable out of the Supplementary Unemployment Fund to or in respect of a person at the time of his decease, and probate of the will of such person is not, or letters of administration to his estate and effects are not, produced within such time as the Minister thinks reasonable, the Minister may, without requiring probate of the will or letters of administration to the estate and effects of the deceased person, in his discretion appoint as the person to receive such sums or any part thereof on behalf of or as representative of such deceased person any person who shall in the opinion of the Minister establish a claim to the said sums or any part thereof under any of the following descriptions, that is to say :—

(a) a person who has paid the funeral expenses of the deceased person ;

(b) a creditor of the deceased person ;

(c) a widow or widower, or other relative of the deceased person ;

(d) a person entitled to the effects of the deceased person according to the statutes of distribution ;

(e) a person entitled to take out probate or letters of administration to the deceased person ;

(f) a person undertaking to maintain the children of the deceased person.

(4) In making such appointment as aforesaid the Minister shall have regard to the claims of the persons described in paragraph (3), sub-paragraphs (a) to (f) hereof, but he may nevertheless, when he considers that injustice, hardship, or inconvenience would result from the appointment of such persons, make such other appointment as he shall judge proper.

20 Receipts by appointed persons.

20. The receipt of any person appointed under this Part of these Regulations shall be a good discharge to the Minister and the Supplementary Unemployment Fund for the sum paid, notwithstanding that such person being above the age of 16 years has not attained the age of 21 years.

21 Payments under Part VI to be made by the Minister.

21. When a person to or in respect of whom any sums are payable out of the Supplementary Unemployment Fund becomes of unsound mind or dies and an application for any sums so payable has been made to the Minister by the committee of his estate, or the person by whom any of the powers of the committee of his estate are exercisable, in the case of a person of unsound mind, or by the executor of his will, or the administrator to his estate, in the case of a deceased person, or in either case by the person appointed under this Part of these Regulations, the Minister shall, to the exclusion of the employer, pay, or cause to be paid, such sums to such applicant out of the Supplementary Unemployment Fund.

FIRST SCHEDULE.

REPORT ON STOPPAGE(S) OF WORK.

In accordance with the provisions of the Insurance (Intermittent Unemployment) Act, 1942 , and Regulations made thereunder, I hereby report that a stoppage or stoppages of work which, it is claimed, constitute(s) intermittent unemployment within the meaning of the Insurance (Intermittent Unemployment) Act, 1942 , affecting * occurred on........................................

* Strike out whichever is inapplicable.

THE FOLLOWING ARE THE PARTICULARS OF THE STOPPAGE(S):—

FOR USE WHEN REPORT IS MADE BY OR ON BEHALF OF AN EMPLOYER.

Signature of Employer............................................................ ............... ............................................................ ....................

(If signed by representative of employer, state position held.)

FOR USE WHEN REPORT IS MADE BY AN INSURED PERSON.

Signature of Insured Person............................................................ ............................................................ ..................

SECOND SCHEDULE.

FORM OF RECEIPT.

Section 5.

CERTIFICATE AND RECEIPT BY INSURED PERSON

I HEREBY CERTIFY :—

(1) that I am the person named above and am the rightful holder of the Wet-Time Book the number of which is entered against my name ;

(2) that I was intermittently unemployed, within the meaning of the Act, on the dates and for the hours recorded hereon ;

(3) that I have not made application for Unemployment Benefit or Unemployment Assistance in respect of the aforesaid dates.

being the amount ofSupplementary Benefit payable to me as entered at Section 4 hereon.

Section 6.

RECEIPT BY INSURED PERSON'S DEPUTY

On behalf of the insured person named in Section 1 hereon

being the amount of Supplementary Benefit payable to him as entered at Section 4 hereon.

Signature (or mark)............................................................ ............

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

Signature of witness

when signed by mark.........................................................

THIRD SCHEDULE.

APPLICATION FOR REPAYMENT OUT OF THE SUPPLEMENTARY UNEMPLOYMENT FUND AND CERTIFICATE BY EMPLOYER.

Employer's Stamp or

Name ............................................................ .........

and

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

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

I/We Hereby Certify :—

(1) that the amounts of supplementary benefit entered on the attached schedule of payments have been duly paid to the insured persons or their deputies (A receipt for each payment is attached hereto) ;

(2) that each insured person in respect of whom payment was made was intermittently unemployed during working hours (as defined in the Insurance (Intermittent Unemployment) Act, 1942 ) on the days and for the hours recorded on the form of receipt signed by him or by a deputy on his behalf; that none of the days so recorded was a Sunday or public holiday within the meaning of the Conditions of Employment Act, 1936 , and that the hours so recorded do not include any insured person's intermittent unemployment on the first day of his spell of insurable employment with * ;

(3) that prior to the week in which occurred the intermittent unemployment for which payment of supplementary benefit has been made to each insured person twelve weekly contributions had been paid in respect of him as evidenced by stamps affixed to his current wet-time book or by certificates entered thereon in accordance with Regulations made under the Act or by such stamps and such certificates ;

(4) that on each day on which each insured person was intermittently unemployed as recorded on his form of receipt * in possession of his current unemployment book or that a local officer certified that it was not delivered to a local office in connection with a claim to unemployment it benefit or application for unemployment assistance in respect of that day (Any such certificate is attached hereto) ;

(5) that a report of the intermittent unemployment that occurred on every day recorded on the insured persons' forms of receipt was sent as required by the Act and Regulations and that the receipt of each such report has been acknowledged (Each such acknowledgment is attached hereto).

apply for repayment out of the Supplementary Unemployment Fund of the sum of....................pounds....................shillings....................pence being the sum of the amounts entered on the attached schedule of payments.

Signature of Employer............................................................ 

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

* Delete whichever is inapplicable.

FOURTH SCHEDULE.

APPLICATION FOR DETERMINATION OF QUESTION BY AN INSURANCE OFFICER.

Insurance (Intermittent Unemployment) Act, 1942 .

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

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

To the Insurance Officer

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

Name of Employer............................................................ ............................................................ ..............................

Location of Job...................................................Date of Stoppage(s)............................................................ ........

In accordance with the provisions of the above-mentioned Act, and the Regulations made thereunder, hereby apply to you for determination of the question set out hereunder :

1. Question: ............................................................ ............................................................ .......................................................

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

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

2. Applicant's observations on question ............................................................ ............................................................ .......................................................

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

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

3. Name, Occupation and Wet-Time Book No. of the insured person affected by the question *:

4. Particulars of relevant documents (if any) attached :. ............................................................ .............................

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

Signed...................................... †Employer/Insured Person.

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

* If the question refers to more than one insured person, a list giving their names, occupations and Wet-Time Book Nos. should be attached.

† Delete whichever is inapplicable.

GIVEN under the Official Seal of the Minister for Industry and Commerce this 16th day of March, 1943.

(Signed) R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.