Unemployment Assistance (Amendment) Act, 1935
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Determination of application for qualification certificates and questions arising thereon. |
6.—(1) Subject to the provisions of this section, every application for a qualification certificate shall be received and considered and every such application and every question arising thereon shall be determined by an unemployment assistance officer, and every question arising on or in relation to a qualification certificate after the issue of such certificate shall also be determined by an unemployment assistance officer. | |
This sub-section shall apply to every application for a qualification certificate, every question arising thereon and every question arising on or in relation to a qualification certificate after the issue of such certificate, whether such application was made or such question arose before or after the passing of this Act, but shall not apply to any matter already decided by an appeals officer or by the Unemployment Appeals Committee whether before or after the said passing. | ||
(2) An unemployment assistance officer may, if he so thinks proper, instead of determining it himself, refer any application or question which falls to be determined by him under this section to an appeals officer. | ||
(3) Any person aggrieved by the refusal by an unemployment assistance officer of an application by such person for a qualification certificate or by the determination under this section by an unemployment assistance officer of any matter may, within twenty-one days from the date on which such refusal or determination is communicated to him or such further time (if any) as may in his case be allowed by the Minister, require an unemployment assistance officer to report the matter to an appeals officer and such unemployment assistance officer shall report such matter accordingly. | ||
(4) An appeals officer shall consider and determine every matter referred or reported to him under this section and every other question which appears to him to arise on the application for a qualification certificate or to arise on or to relate to a qualification certificate after the issue of such certificate, and the determination of the said appeals officer on any matter which falls to be determined by him under this section shall, subject to the provisions of this section, be final and conclusive. | ||
(5) An appeals officer may, if he so thinks proper, instead of determining it himself refer any matter which falls to be determined by him under this section to the Unemployment Appeals Committee. | ||
(6) Where any matter has been determined under this section by an appeals officer the person to whom such decision relates may, if the appeals officer has given permission to him to do so, within twenty-one days from the date on which such decision is communicated to him or such further time (if any) as may in his case be allowed by the Minister, require an appeals officer to report the matter to the Unemployment Appeals Committee and such appeals officer shall report such matter accordingly. | ||
(7) The Unemployment Appeals Committee shall consider and determine every matter referred or reported to them under this section and every other question which appears to the Committee to arise on the application for a qualification certificate or to arise on or to relate to a qualification certificate after the issue of such certificate, and the determination of the said Committee on any such matter or question shall be final and conclusive. | ||
(8) An unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee may at any time on new facts being brought to his or their knowledge reverse or revise any determination previously made under this section or made before the date of the passing of this Act under section 11 of the Principal Act in any particular case, and the foregoing provisions of this section in relation to the reference or report of matters to an appeals officer or to the Unemployment Appeals Committee shall apply to such reversal or revision in like manner as they apply to the determination the subject of such reversal or revision. | ||
References in this sub-section and in the subsequent provisions of this section to a determination under this section shall be construed as including references to a reversal or revision under this sub-section. | ||
(9) Subject to the provisions of the next two following sub-sections, every reversal or revision by an unemployment assistance officer, an appeals officer or the Unemployment Appeals Committee of any determination previously made under this section or made before the date of the passing of this Act under section 11 of the Principal Act shall have effect as on and from the date of such reversal or revision. | ||
(10) Every reversal or revision by an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee of any determination previously made under this section or made before the date of the passing of this Act under section 11 of the Principal Act shall, in any case in which a qualification certificate was obtained by fraud or fraudulent misrepresentation, have effect as on and from the date of the determination, as the result of which such certificate was issued. | ||
(11) In any case in which the holder of a qualification certificate (including a qualification certificate issued before the date of the passing of this Act) fraudulently suppresses or conceals any facts or events or information which would invalidate such certificate or would disentitle him to hold such certificate, the determination of an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee under this section shall have effect as on and from such date (including a date prior to the date of such determination) as an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee, as the case may be, shall fix. | ||
(12) Where under either of the two immediately preceding sub-sections a determination of an unemployment assistance officer, an appeals officer, or the Unemployment Appeals Committee is effective on and from a date prior to the date on which such determination is made, the person to whom it relates shall, notwithstanding anything in the Principal Act or this Act, if the determination be that he is not entitled to hold a qualification certificate, be deemed, for the purposes of the Principal Act and this Act, not to have been the holder of a qualification certificate as on and from the date on which such determination takes effect and, if the determination be that he is entitled to hold a qualification certificate, be deemed, for the said purposes, to be the holder only of such certificate as he is entitled to receive under the determination as on and from the date on which such determination takes effect. | ||
(13) Where an unemployment assistance officer has, under sub-section (2) of section 11 of the Principal Act, referred before the date of the passing of this Act any application or question to the Unemployment Appeals Committee, but such application or question has not before the said date been considered by the said Committee, such application or question shall be deemed to have been referred by such unemployment assistance officer to an appeals officer under sub-section (2) of this section. | ||
(14) Where an unemployment assistance officer has, under section 11 of the Principal Act, before the date of the passing of this Act, refused an application for a qualification certificate or determined any question, the following provisions shall have effect, that is to say:— | ||
(a) in case the person to whom such refusal or determination relates has before the said date required an unemployment assistance officer, to report under sub-section (3) of the said section 11 such refusal or determination to the Unemployment Appeals Committee, but either such refusal or determination has not been so reported before the said date or such refusal or determination has been reported but has not before the said date been considered by the said Committee, such unemployment assistance officer shall, in case such refusal or determination has not been so reported, report such refusal or determination to an appeals officer and, in any other case, be deemed to have so reported such refusal or determination; | ||
(b) in case such person was at any time before the said date entitled under sub-section (3) of the said section 11 to require such refusal or determination to be reported to the said Committee but had not before the said date exercised such right— | ||
(i) such right shall cease to be exercisable, | ||
(ii) such person may, within twenty-one days after the said date or such further time (if any) as may in his case be allowed by the Minister, require an unemployment assistance officer to report such refusal or determination to an appeals officer and thereupon such unemployment assistance officer shall report such refusal or determination to an appeals officer; | ||
(c) where a refusal or determination is reported or deemed to have been reported to an appeals officer under this sub-section, such refusal or determination shall be deemed, for the purposes of this section, to have been reported to such appeals officer under sub-section (3) of this section, and the provisions of this section shall apply and have effect accordingly in relation to such refusal or determination. | ||
(15) Where a qualification certificate has, before the date of the passing of this Act, been revoked or amended by an unemployment assistance officer under section 12 of the Principal Act, the following provisions shall have effect, that is to say:— | ||
(a) in case the holder of such certificate has before the said date required an unemployment assistance officer under sub-section (6) of the said section 12 to report such revocation or amendment to the Unemployment Appeals Committee, but either such revocation or amendment has not been so reported before the said date or such revocation or amendment has been so reported but has not before the said date been considered by the said Committee, such revocation or amendment shall be reported to an appeals officer; | ||
(b) in case the holder of such certificate was at any time before the said date entitled under sub-section (6) of the said section 12 to require such revocation or amendment to be reported to the said Committee but had not exercised such right before the passing of this Act— | ||
(i) such right shall cease to be exercisable, | ||
(ii) such holder may, within twenty-one days after the said date or such further time (if any) as in his case may be allowed by the Minister, require an unemployment assistance officer to report such revocation or amendment to an appeals officer and thereupon such unemployment assistance officer shall report to an appeals officer accordingly; | ||
(c) where a revocation or amendment of a qualification certificate is reported to an appeals officer under this sub-section such revocation or amendment shall be treated, for the purposes of the foregoing provisions of this section as if it were a reversal or revision of a determination in relation to such certificate, which had been reported to an appeals officer in accordance with sub-section (3) of this section, and the said provisions shall apply and have effect accordingly. | ||
(16) For the purposes of this section questions arising on or in relation to a qualification certificate after the issue of such certificate shall be taken to be the following— | ||
(a) whether the holder of such certificate continues to fulfil the conditions specified therein; | ||
(b) whether such certificate was obtained by fraud or fraudulent misrepresentation; | ||
(c) whether the holder of such certificate has fraudulently suppressed or concealed any facts or events or information which would invalidate such certificate or would disentitle him to hold such certificate; | ||
(d) any other question arising on or in relation to such certificate after the issue thereof. | ||
(17) Section 11 of the Principal Act is hereby repealed. |