Social Welfare (Consolidation) Act, 1981

Statutory conditions.

[1933 UA, s. 15; 1935 UA, s. 8; 1978, s. 5]

138.—(1) The following conditions are referred to in this Chapter as the statutory conditions and shall, subject to this Chapter (including this section) be the conditions to be complied with by the holder of a qualification certificate in order to entitle him to receive unemployment assistance—

(a) that he has made application for unemployment assistance in the prescribed manner and proves in the prescribed manner that since the date of his application for unemployment assistance he has been continuously unemployed;

(b) that he is capable of work and is available for and genuinely seeking but is unable to obtain employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances;

(c) that since his qualification certificate was issued to him he has not done anything and no change of circumstances or other event has occurred which would invalidate such certificate or would disentitle him to hold such certificate;

(d) if he has been duly required by a deciding officer to attend a course of instruction appointed or approved by regulations made under this Chapter, that he has duly attended the course in accordance with the requirement.

[1962 MP, s. 6]

(2) A person shall not be deemed to have failed to comply with the conditions set out at subsection (1) (a) and subsection (1) (b) by reason only of the fact that he is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) whether or not the course is a course in respect of which he is in receipt of a monetary training allowance paid by the organisation.

[1933 UA, s. 15]

(3) A person shall not be deemed to have failed to comply with the statutory conditions by reason only that he has declined an offer of employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.