Social Welfare Act, 1952

Exhaustion of and requalification for benefit.

16.—(1) Where as respects a person—

(a) in respect of the period between his entry into insurance and any day of incapacity for work, less than one hundred and fifty-six employment contributions have been paid in respect of him, and

(b) before that day he has been entitled, in respect of any period of interruption of employment (whether including that day or not), to disability benefit for three hundred and twelve days,

he shall not be entitled to disability benefit for that day unless since the last of the said three hundred and twelve days and before that day he has requalified for benefit.

(2) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for one hundred and fifty-six days shall not thereafter be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over sixty-five years of age, not less than one hundred and fifty-six employment contributions have been paid in respect of the period between his entry into insurance and the day for which unemployment benefit is claimed.

(3) Where a person has exhausted his right to either of the said benefits—

(a) he shall requalify therefor when thirteen employment contributions have been paid in respect of him in respect of contribution weeks begun or ended since the last day for which he was entitled to that benefit,

(b) on his requalifying therefor, subsection (1) or (2), as the case may be, of this section shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.

(4) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.