S.I. No. 33/1936 - Unemployment Assistance (Deceased Or Insane Persons) (Appointment of Representatives Regulations) Order, 1935.

STATUTORY RULES AND ORDERS. 1936. No. 33.

UNEMPLOYMENT ASSISTANCE (DECEASED OR INSANE PERSONS) (APPOINTMENT OF REPRESENTATIVES REGULATIONS) ORDER, 1935.

THE UNEMPLOYMENT ASSISTANCE (DECEASED OR INSANE PERSONS) (APPOINTMENT OF REPRESENTATIVES REGULATIONS) ORDER, 1935, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 21st DAY OF DECEMBER, 1935, PURSUANT TO SECTION 17 AND SUB-SECTION (1) OF SECTION 19 of THE UNEMPLOYMENT ASSISTANCE (AMENDMENT) ACT, 1935 .

WHEREAS it is enacted by sub-section (1) of Section 19 of the Unemployment Assistance (Amendment) Act, 1935 , that the Minister for Industry and Commerce may by order make regulations prescribing any matter or thing which is referred to in the said Act as prescribed or to be prescribed or any matter or thing which is expressly authorised by the said Act to be prescribed or provided by regulations made by the Minister under the said Act :

AND WHEREAS it is enacted by Section 17 of the said Act that the Minister for Industry and Commerce may by regulations under that Act provide for the appointment of a person to receive on behalf of or as representative of an applicant for unemployment assistance who becomes of unsound mind or dies any sums payable by way of unemployment assistance to or in respect of him :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by Section 17 and subsection (1) of Section 19 of the Unemployment Assistance (Amendment) Act, 1935 , and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Unemployment Assistance (Deceased or Insane Persons) (Appointment of Representatives Regulations) Order, 1935.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order and of the regulations hereby made thereunder in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The following regulations shall have effect for the purposes of the Unemployment Assistance (Amendment) Act, 1935 , that is to say—

I. In these regulations—

the expression " the Minister " means the Minister for Industry and Commerce ;

the expression " applicant " means the holder of a qualification certificate who has duly made an application for unemployment assistance ;

other expressions have the same meaning as they have in the Unemployment Assistance Acts, 1933 and 1935.

Deceased Persons.

II. (1) Where any sums are payable by way of unemployment assistance to or in respect of an applicant at the time of his decease, and probate of the will or such applicant 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 applicant, in his discretion appoint as the person to receive such sums or any part thereof, on behalf of or as representative of such applicant 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 applicant.

(b) a creditor of the applicant.

(c) the widow or widower of the applicant.

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

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

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

(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.

Persons of Unsound Mind.

III. (1) When an applicant to or in respect of whom any sums are payable by way of unemployment assistance 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 for the sum specified in such receipt.

(3) Where an applicant 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 applicant any sums payable by way of unemployment assistance to or in respect of him.

IV. The receipt of any person appointed under these regulations shall be a good discharge to the Minister for the sum paid, notwithstanding that such person being above the age of sixteen years has not attained the age of twenty-one years.

By Order of the Minister for Industry and Commerce.

Dated this 21st day of December, 1935.

J. J. KEANE,

Chief Employment Officer.

Department of Industry and Commerce.