Social Welfare (Consolidation) Act, 1981

Operative date of certain decisions.

[1965 MP, s. 16]

143.—(1) Where a person applies in the prescribed manner for a qualification certificate and it is decided by a deciding officer or an appeals officer that the person is entitled to hold a qualification certificate—

(a) the decision shall, for the purposes of this Chapter, be deemed to have had effect as on and from the date of the making of the application or such subsequent date as may be appropriate, and

(b) the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision came into effect.

(2) The application for unemployment assistance of a person who becomes entitled to a qualification certificate may be deemed to have been made on the date from which the decision in relation to the application of the person for the certificate came into effect or such subsequent date as may be appropriate.

[1964 MP, s. 11]

(3) Where, as a result of a reversal or revision of a decision, a person becomes entitled to hold a qualification certificate under this Chapter, the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.

(4) Where, as a result of a reversal or revision of a decision, a qualification certificate issued to a person under this Chapter is revoked, the person shall, for the purposes of this Chapter, be deemed not to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.

(5) Where, as a result of a reversal or revision of a decision, the statement of the weekly rate of means contained in a qualification certificate issued to a person under this Chapter, is varied, the person shall, for the purposes of this Chapter, be deemed to have been the holder of such certificate as he is entitled to hold under the decision as so reversed or revised as on and from the date on which the decision as so reversed or revised came into effect.

(6) The application for unemployment assistance of a person who becomes entitled to a qualification certificate as a result of a reversal or revision of a decision may be deemed to have been made on the date from which the decision as so reversed or revised came into effect or on any subsequent date.

(7) In this section “decision” means a decision of a deciding officer or an appeals officer in relation to a qualification certificate under this Chapter.

[1935 UA, s. 12]

(8) Where it has been determined that the holder of a qualification certificate has not complied with the statutory condition contained in section 138 (1) (b) any subsequent application for unemployment assistance made by him before the expiration of 6 weeks from the date on which he so failed to comply with such statutory condition need not be determined under section 296 .