UNEMPLOYMENT INSURANCE (No. 2) ACT, 1924. aggregate of the sums received by him by way of benefit, together with compound interest on that excess up to the date on which this section comes into operation at such rate and calculated in such manner as is directed by section twenty-five of the principal Act: (b) in calculating the excess value of contributions (i) contributions and benefit paid subsequently to the seventh day of November, nineteen hundred and twenty, shall be reckoned as if they had been paid at the rates at which contributions and benefit were respectively payable under the principal Act as originally enacted; and (ii) no account shall be taken of contributions repaid or refunded, of benefit previously taken into account for the purposes of a refund under any of the provisions of the principal Act, of grants or contributions paid under the Unemployed Workers' Dependants (Temporary Provisions) Act, 1921 (11 & 12 Geo. 5, c. 62), of contributions on account of which a payment has been made under subsection (10) of section eighteen of the principal Act to the body charged with the administration of a special scheme, or, where no contributions have been paid in respect of any person for a period comprising five insurance years, of contributions paid in respect of him, or benefit paid to him, before the last such period; and (c) The present worth of the amount of the excess value of contributions as increased by any such compound interest as aforesaid (if any) shall be calculated in manner prescribed by regulations, and any regulations made for that purpose shall direct that in making the calculation regard shall be had, among other matters, to the fact that contributions may cease for a period comprising five insurance years to be paid in respect of the insured contributor, and, in the case of an insured contributor who has not attained the age of sixty years, to the fact that he may not live to attain that age. (4) Payment to an insured contributor under this section shall not affect his liability to pay contributions. (5) Section twenty-five of the principal Act shall cease to have effect, except that, where any person had before the date upon which this section comes into operation become entitled to claim a repayment under that section, an application may be made in that behalf under that section instead of under this section at any time within twelve months after the date on which this section comes into operation, and no repayment to which any person may be entitled under section ninety-five of the National Insurance Act, 1911 (1 & 2 Geo. 5, c. 55), shall be made unless an application for repayment is made to the Minister within the said period of twelve months. (6) If in any case where there is a failure to make any such application as is mentioned in this section within the period of twelve months after the date on which this section comes into operation it is shown to the satisfaction of the Minister that there was good cause for the failure, the Minister may allow the application to be made at any time within four years after the expiration of the said period. (7) This section shall come into operation on the seventh day of July, nineteen hundred and twenty-four. 10. AMENDMENT AS TO FORCES OF THE CROWN. (1) Subsection (2) of section forty of the principal Act, which provides that a man of the Air Force Reserve shall be deemed while undergoing training to be an employed person in the service of the Crown, shall apply to men of the Auxiliary Air Force as it applies to men of the Air Force Reserve. (2) The following subsection shall be substituted for subsection (1) of section nine. of the Unemployment Insurance (No. 2) Act, 1921 14 & 15 GEORGE 5, CHAPTER 30. "(1) Where after the passing of this Act any person (a) being a naval pensioner or a man of the Naval Reserves, Army Reserve, or Air Force Reserve, is called into actual service on an occasion of great emergency or called out for service otherwise than for training, as the case may be; or (b) engages as a seaman in the Navy, or enlists as a marine in the Royal Marines, as a soldier in the regular Army or as an airman in the regular Air Force, on an occasion of great emergency for service during the emergency; or (c) being a man of the Territorial Army, is called out for actual military service or is embodied, or, being a man of the Auxiliary Air Force, is called out for actual Air Force service or is embodied; he shall, during the period of four months from the date on which he is so called into actual service, called out for service, engages, enlists, is called out for actual military service or actual Air Force service, or is embodied, as the case may be, or during the period between that date and the date on which the service or embodiment terminates, whichever period is the shorter, be treated for the purposes of section forty of the principal Act, as amended by any subsequent enactment, as if he were a man of the Naval Reserves, the Army Reserve, the Air Force Reserve, the Territorial Army, or the Auxiliary Air Force, as the case may be, undergoing training and in receipt of pay out of moneys provided by Parliament for the Navy, Army, or Air Force services.' (3) Section forty-one of the principal Act (which makes special provision with respect to discharged seamen, marines, soldiers, and airmen), as amended by any ́subsequent enactment, shall have effect as if— (a) The references therein to soldiers and airmen included respectively references to men of the Territorial Army and men of the Auxiliary Air Force who, having been called out for actual military service or actual Air Force service, or having been embodied, are not discharged within the period of four months mentioned in the section directed by this section to be substituted for subsection (1) of section nine of the Unemployment Insurance (No. 2) Act, 1921; and (b) In subsection (4) thereof the words "who is discharged at his own request or at the request of his parent or guardian or " were omitted, and after the words civil court there were inserted the words or to any person discharged on account of fraudulent enlistment," and at the end thereof there were inserted the words or to any seaman, marine, soldier or airman who is discharged at his own request, or at the request of his parent or guardian or of some other interested person, unless he is discharged within three months of the date when he is due for discharge for the purpose of taking up civil employment which would not otherwise remain open for him"; and (c) In subsection (5) thereof, at the end of the definition of seaman there were added the words "but does not include native ratings, or Maltese recruited outside the United Kingdom," and at the end of the definition of "airman" there were added the words "other than a native or a Maltese recruited outside the United Kingdom." 11. PERIOD WITHIN WHICH PROCEEDINGS MAY BE BROUGHT FOR RECOVERY OF SUMS RECOVERABLE SUMMARILY AS CIVIL DEBTS.-Proceedings for the summary recovery as civil debts of sums due to the unemployment fund may, notwithstanding anything in any Act to the contrary, be brought at any time within twelve months from the time when the matter complained of arose, or, where the complaint is in respect of a consecutive series of unpaid contributions or a consecutive series of payments on account of benefit, within twelve months from the date on which the last of the contributions became payable or the last payment on account of benefit was received. UNEMPLOYMENT INSURANCE (No. 2) ACT, 1924. 12. POWER To make ReguLATIONS WITH Respect to APPOINTMENT OF PERSONS TO REPRESENT DECEASED OR INSANE PERSONS.-Provision may be made by regulations under section thirty-five of the principal Act for the appointment of a person to receive on behalf of or as representative of an insured contributor who becomes of unsound mind or dies any sums payable out of the unemployment fund to or in respect of him. 13. PROVISION AS TO PERSONS EMPLOYED ON NIGHT WORK.-The power of the Minister under section thirty-five of the principal Act to make regulations shall include power to make regulations prescribing, either generally or with respect to any special class of cases, that where a period of employment begun on one day extends over midnight into another day, the person employed shall be treated as having been employed on such one or other only of those two days as the regulations may direct. - 14. AMENDMENT OF SUBSECTION (2) of s. 14 oF PRINCIPAL ACT.—The following shall be substituted for subsection (2) of section fourteen of the principal Act:(2) The accounts of the unemployment fund shall be examined by the Comptroller and Auditor General and shall, together with his report thereon, be laid before Parliament. 15. CHANGES IN INSURANCE YEAR.-The Minister may by regulations prescribe the date on which the period constituting the insurance year is to commence, and any such regulations may contain such consequential and supplemental provisions as appear to the Minister to be necessary for dealing with or regulating the transition from the old to the new period, and in particular for making provision with respect to any period of time between the end of one insurance year and the commencement of the next insurance year. 16. CONSEQUENTIAL AND MINOR AMENDMENTS. The amendments specified in the second column of the Second Schedule to this Act (which relate to consequential and minor matters) shall be made in the enactments specified in the first column of that Schedule. 17. SHORT TITLE, REPEAL, DECISION OF QUESTIONS, APPLICATION AND COMMENCEMENT.—(1) This Act may be cited as the Unemployment Insurance (No. 2) Act, 1924, shall be included among the Acts which may be cited together as the Unemployment Insurance Acts, 1920 to 1924, and shall be construed as one with those Acts, and any reference in this Act to those Acts, or to any of them, or to any provision contained in any of them, shall, unless the context otherwise requires, be construed as a reference to those Acts, that Act, or that provision, as amended by this Act. (2) The enactments set out in the Third Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule. (3) If a question arises whether a person satisfies the additional conditions required to be satisfied by a person applying for benefit under subsection (3) of section one of this Act, or with respect to the date of the making of an application for benefit, that question shall be decided by the Minister, whose decision thereon shall be final. (4) The Minister may, if he thinks fit, refer to any committee to which questions may be referred under subsection (5) of section thirteen of the principal Act any question which is to be decided by him under this Act, and any question arising under subsection (2) of section three of this Act whether a person should be allowed to receive benefit notwithstanding that the first statutory condition is not fulfilled in his case. (5) The provisions of this Act amending sections forty and forty-one of the principal Act shall have effect with respect to those sections (as amended by any subsequent enactment, including any Order in Council made under the Government of Ireland Act, 1920 (10 & 11 Geo. 5, c. 67)) as they apply to Northern Ireland, but save as aforesaid this Act shall not apply to Northern Ireland. (6) The Minister may by regulations provide for the transition from the provisions of the Unemployment Insurance Acts, 1920 to 1924, to the provisions of those Acts as amended by this Act. 14 & 15 GEORGE 5, CHAPTER 30. SCHEDULES. FIRST SCHEDULE (ss. 1, 2). PART I.-SUPPLEMENTAL PROVISIONS RELATING TO RIGHT TO UNEMPLOYMENT BENEFIT. 1. Benefit shall be payable in respect of each week after the first three days of a continuous period of unemployment. 2. No person shall receive benefit in respect of any period of less than one day. 3. The following provisions shall have effect for the purpose of determining the number of contributions which are to be taken as standing at any time to the credit of any person :— (a) Where owing to the fact that the wages or other remuneration of an employed person are paid at intervals greater than a week, or for any other like reason, contributions are paid in respect of any person at intervals greater than a week, that person shall be entitled to treat each of those contributions as being such number of contributions as there are weeks in the period in respect of which the contribution was paid: (b) there shall be deducted from the aggregate number of contributions actually paid in respect of him one contribution in respect of each day of benefit previously received by him, exclusive of any benefit received in respect of the period between the seventh day of November, nineteen hundred and twenty, and the termination of the fourth special period, or in the case of benefit received in respect of the period before the eighth day of November, nineteen hundred and twenty, five contributions in respect of each week of benefit received. 4. Any time during which a person is under the provisions of the principal Act disqualified, otherwise than by reason of being in receipt of sickness or disablement benefit or disablement allowance under the National Health Insurance Acts, 1911 to 1922, for receiving benefit shall be excluded in the computation of continuous periods of unemployment under this Part of this Schedule. 5. A period of unemployment shall not be deemed to commence until the date on which the insured contributor makes application for benefit in the prescribed manner : Provided that regulations may be made under section thirty-five of the principal Act for authorising some earlier date to be substituted for the date of the application in cases in which good cause is shown for delay in making the application. Girls who have attained the age of sixteen years, but are under the age of eighteen years. Boys who have attained the age of sixteen years, but are under the age of eighteen years. 7 6 6 0 Leave out if so requested by the Court of Referees." For the words "exceeds by at least five shillings per week 66 For the words "the statutory condition that he is capable of and available for work but unable to obtain suitable employment" there shall be substituted the words "the third or the fourth statutory condition." |