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Determination of questions as to the payment of supplementary benefit.
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40.—(1) If any question arises—
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(a) as to whether a stoppage of work in an insurable employment was due to inclement weather; or
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(b) as to the fulfilment of the statutory conditions for the receipt of supplementary benefit by an insured person; or
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(c) as to the title to supplementary benefit of an insured person or as to the rate or the amount of such benefit; or
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(d) as to the title of an employer to repayment from the Supplementary Unemployment Fund; or
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(e) as to the fulfilment of any provision of this Part of this Act relating to payment of supplementary benefit or to repayment from the Supplementary Unemployment Fund;
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the question shall, subject to the provisions of this Part of this Act, be determined by an insurance officer.
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(2) Where under the provisions of sub-section (1) of this section any question has been or is to be determined by an insurance officer—
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(a) any person aggrieved by the determination of the insurance officer may, within twenty-four days from the date of the insurance officer's decision or within such further time as the Minister may in any particular case for special reasons allow, require the insurance officer to refer the matter to a court of referees and the insurance officer, unless he can revise his determination, shall so refer it; and
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(b) the insurance officer may, if he thinks fit, instead of himself determining the question refer it to a court of referees.
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(3) On any question referred to it by an insurance officer the court of referees shall make to the insurance officer such recommendations as it thinks fit and the insurance officer unless he disagrees shall give effect to those recommendations.
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(4) If an insurance officer disagrees with a recommendation made by a court of referees under this section he shall refer the recommendation, with his reasons for disagreement, to the umpire.
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(5) Where a recommendation has been made under this section by a court of referees any association of employers or insured persons of which a person aggrieved by the recommendation is a member, or with the consent of the court, that person may require the insurance officer to refer the question to the umpire and the insurance officer, if so required, shall refer the question accordingly.
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(6) The umpire shall determine every matter referred to him under this section and his determination thereon shall be final and conclusive.
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(7) Nothing in this section shall be construed as preventing an insurance officer or umpire or a court of referees, on new facts being brought to his or its knowledge, from reversing or revising a decision or recommendation given in any particular case.
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(8) Where an insurance officer or the umpire reverses or revises a previous determination by such officer or by the umpire and the reversal or revision has the effect of refusing or decreasing the amount of supplementary benefit previously allowed such reversal or revision shall have effect in regard to such dates or hours as the insurance officer or the umpire may determine.
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