S.I. No. 35/1927 - The Unemployment Insurance (Deceased Or Insane Persons) (Appointment of Representatives) Regulations, 1926.


STATUTORY RULES AND ORDERS. 1927. No. 35.

THE UNEMPLOYMENT INSURANCE (DECEASED OR INSANE PERSONS) (APPOINTMENT OF REPRESENTATIVES) REGULATIONS, 1926.

UNEMPLOYMENT INSURANCE.

DECEASED OR INSANE PERSONS (APPOINTMENT OF REPRESENTATIVES) REGULATIONS, 1926.

The Unemployment Insurance (Deceased or Insane Persons) (Appointment of Representatives) Regulations, 1926, dated 14th July, 1926, made by the Minister for Industry and Commerce, under the Unemployment Insurance Act, 1920, and the Unemployment Insurance Act, 1926 .

The Minister for Industry and Commerce (hereinafter called " the Minister ") in pursuance of section 35 of the Unemployment Insurance Act, 1920, as amended by section 3 of the Unemployment Insurance Act, 1926 , and of all other powers enabling him in that behalf hereby makes the following regulations :—

1 Deceased persons.

1.—(1) Where any sums are payable out of the unemployment fund to or in respect of an insured contributor at the time of his decease, and probate of the will of such insured contributor 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 insured contributor, in his discretion appoint as the person to receive such sums or any part thereof on behalf of or as representative of such insured contributor 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 insured contributor.

(b) a creditor of the insured contributor.

(c) the widow or widower of the insured contributor.

(d) a person entitled to the effects of the insured contributor according to the statutes of distribution.

(e) a person entitled to take out probate or letters of administration to the insured contributor.

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

(2) In making such appointment as aforesaid the Minister shall have regard to the claims of the persons described in paragraph 1, 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.

2 Persons of unsound mind.

2.—(1) When an insured contributor to or in respect of whom any sums are payable out of the unemployment fund, becomes of unsound mind an application for any sums so payable shall be made 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 his receipt shall be a good discharge to the Minister and the unemployment fund for the sum specified in such receipt.

(3) Where an insured contributor 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 such insured contributor any sums payable out of the unemployment fund to or in respect of him.

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3.—The receipt of any person appointed under these regulations shall be a good discharge to the Minister and the 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.

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4.—These regulations may be cited as the Unemployment Insurance (Deceased or Insane Persons) (Appointment of Representatives) Regulations, 1926.

Signed by order of the Minister for Industry and Commerce, this fourteenth day of July, 1926.

(Signed) GORDON CAMPBELL,

Secretary,

Department of Industry and Commerce.