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11 1952

SOCIAL WELFARE ACT, 1952

Chapter V.

Amendments of Unemployment Assistance Acts, 1933 to 1948.

Interpretation (Chapter V, Part VI).

93. —(1) In this Chapter—

the Acts” means the Unemployment Assistance Acts, 1933 to 1948;

the Principal Act” means the Unemployment Assistance Act, 1933 (No. 46 of 1933);

the Act of 1935” means the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935);

the Act of 1940” means the Unemployment Assistance (Amendment) Act, 1940 (No. 4 of 1940).

(2) This Chapter shall be construed as one with the Acts.

Amendment of section 10 of Principal Act.

94. —(1) In subsection (3) of section 10 of the Principal Act—

(I) the following paragraph shall be substituted for paragraph (a):—

“(a) that he is at the date of the application resident in the State and has at any time been resident in the State for a continuous period of at least six months;”

(II) the following paragraph shall be substituted for paragraph (c):—

“(c) that his means, calculated in accordance with this Act, do not exceed, in case he is resident in an urban area, ninety-eight pounds and sixteen shillings or, in case he is resident elsewhere in the State, seventy-two pounds and sixteen shillings per annum;”.

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

Amendment of section 15 of Principal Act.

95. —(1) In paragraph (e) of subsection (1) of section 15 of the Principal Act (being the paragraph inserted by subsection (1) of section 7 of the Act of 1940), the words “any urban area” shall be substituted for the words “such urban area” in subparagraphs (i), (ii) and (iii).

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

Amendment of section 19 of Principal Act.

96. —(1) In paragraph (a) of section 19 of the Principal Act the word “three” shall be substituted for the word “six”.

(2) Subsection (1) of this section shall come into operation on the appointed day.

Alteration of rates of unemployment assistance.

97. —(1) In the Principal Act, there shall be substituted as the Schedule thereto, in lieu of the Schedule inserted by subsection (2) of section 32 of the Act of 1948, the following:—

“SCHEDULE.

Rates of Unemployment Assistance.

Classes of persons to whom the rates of unemployment assistance set out in this Schedule are applicable

Rate of unemployment assistance applicable to persons resident in any urban area

Rate of unemployment assistance applicable to persons resident in any other place

per week

per week

s.

d.

s.

d.

Person without a dependant

18

0

12

0

Person with an adult dependant

28

0

20

0

Person with an adult dependant and one child dependant

33

0

24

0

Person with an adult dependant and two or more child dependants

38

0

28

0

Person with one child dependant

23

0

16

0

Person with two or more child dependants

28

0

20

0

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

Amendment of section 4 of Act of 1935.

98. —(1) The following subsections shall be substituted for subsection (1) of section 4 of the Act of 1935:—

“(1) During the period beginning on the 25th day of June, 1952, and ending on the day before the day specified by order under subsection (1A) of this section, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—

the expression ‘adult dependant’ means—

(a) in the case of a married man, his wife if she is living with him or is being maintained wholly or mainly by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the Insurance Industry Unemployment Insurance Scheme established under the Unemployment Insurance Acts, 1920 to 1948, or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit,

(b) in the case of a married woman, her husband if he is prevented by physical or mental infirmity from supporting himself and is being maintained wholly or mainly by her, and

(c) in the case of a widower or an unmarried man, any female person who is residing with him for the purpose of having the care of his child dependants and is being maintained by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the said Insurance Industry Unemployment Insurance Scheme or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit;

the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of fourteen years and is maintained wholly or mainly at that person's cost or who has attained the age of fourteen years and has not attained the age of sixteen years and is so maintained and is under full-time instruction in a day school;

references to dependants shall be construed as references to adult dependants or child dependants, as the case may require.

(1A) On and after such day as the Minister may specify by order under this subsection, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—

the expression ‘adult dependant’ means—

(a) in the case of a married man, his wife if she is living with him or wholly or mainly maintained by him,

(b) in the case of a married woman, her husband if he is incapable of self-support by reason of some physical or mental infirmity and is wholly or mainly maintained by her, and

(c) in the case of a widower or an unmarried man, any female person (being a person who has attained the age of sixteen years) having the care of his child dependants and wholly or mainly maintained by him;

the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of sixteen years and is ordinarily resident in the State and is not detained in a reformatory or an industrial school and normally resides with that person;

references to dependants shall be construed as references to adult dependants or child dependants, as the case may require;

a child becoming adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this subsection) shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person;

any question relating to the normal residence of a child shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection.”

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.

Attainment of age.

99. —(1) For the purposes of the Unemployment Assistance Acts, 1933 to 1952, a person shall be deemed not to have attained the age of eighteen years until the commencement of the eighteenth anniversary of the day of his birth, and similarly with respect to any other age.

(2) Subsection (1) of this section shall come into operation on the appointed day.

Residence.

100. —(1) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be deemed to be resident or ordinarily resident in such urban area.

(2) The following are hereby repealed:—

(i) Paragraph (b) of subsection (1) of section 17 of the Principal Act as amended by subsection (1) of section 32 of the Act of 1948,

(ii) sections 33 and 34 of the Act of 1948.

(3) Subsections (1) and (2) of this section shall come into operation on the 25th day of June, 1952.

Application of certain provisions of this Act.

101. —Regulations may apply any of the provisions of or made under sections 29 and 41 to 48 of this Act to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of the Acts.