Unemployment Assistance Act, 1933

Revocation and amendment of qualification certificates.

12.—(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in such certificate, the following provisions shall have effect, that is to say:—

(a) such holder shall within seven days after such cesser inform an unemployment assistance officer of such cesser and the reason therefor;

(b) if such holder fails or neglects to comply with the provisions of the immediately preceding paragraph he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence is continued.

(2) Whenever an unemployment assistance officer is satisfied that the holder of a qualification certificate has ceased to fulfil the conditions specified in such certificate, he shall revoke such certificate and such revocation shall have effect as from the date of such cesser.

(3) Whenever an unemployment assistance officer is satisfied—

(a) that a qualification certificate was obtained by fraud or fraudulent misrepresentation, or

(b) that a qualification certificate was obtained or issued by any innocent misrepresentation or other bona fide mistake,

such unemployment assistance officer shall revoke such certificate and such revocation shall have effect as from, in case such certificate was obtained by fraud or fraudulent misrepresentation, the date of the issue of such certificate or, in any other case, the date of revocation.

(4) Whenever an unemployment assistance officer is satisfied that the means of a person who is the holder of a qualification certificate have altered in amount since such certificate was issued, but do not exceed in case he is resident in a county borough or the borough of Dun Laoghaire, fifty-two pounds, or, in case he is resident elsewhere in Saorstát Eireann, thirty-nine pounds per annum, such unemployment assistance officer may amend such certificate in such manner as is requisite.

(5) Whenever a qualification certificate is revoked under this section on account of such certificate having been obtained by fraud or fraudulent misrepresentation, the person to whom such certificate was issued shall, for six months after such revocation, be disqualified for obtaining or holding a qualification certificate.

(6) Whenever a qualification certificate is revoked or amended by an unemployment assistance officer under this section, the person who was the holder of such certificate immediately before such revocation or at the time of such amendment may, within twenty-one days after such revocation or amendment or such further time (if any) as in his case may be allowed by the Minister, and in the prescribed manner, require such officer to report such revocation or such amendment (as the case may be) to the Unemployment Appeals Committee, and thereupon such officer shall report to the said Committee in the prescribed manner and the said Committee shall consider such revocation or such amendment.

(7) The Unemployment Appeals Committee shall consider in the prescribed manner every revocation or amendment reported to them under this section and may either, as they think proper, confirm or annul any such revocation and may either, as they think proper, confirm, annul, or vary any such amendment, and in every such case the decision of the said Committee shall be final and conclusive.

(8) Where a qualification certificate is revoked, the holder of such certificate shall on demand of an unemployment assistance officer forthwith deliver such certificate to such officer who shall retain it.

(9) Every person who on demand being made on him by an unemployment assistance officer under the immediately preceding sub-section for delivery of his qualification certificate fails to deliver forthwith such certificate to such officer shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(10) Where a person is convicted of an offence under this section the court by which he is convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the qualification certificate in respect of which such offence was committed to an unemployment assistance officer.