CHAPTER 2

Unemployment Assistance

135. —(1) For the purposes of this Chapter—

references to dependants shall, in relation to any person, be construed as references to adult dependants or to qualified children who normally reside with that person, as the case may require;

[1935 UA, s. 2]

“day” means a period of 24 hours from midnight to midnight or such other period of 24 hours as may, for any general or special purpose, be prescribed;

[1940 UA, s. 1]

“hereditaments” includes all lands, tenements, buildings, and other properties, corporeal or incorporeal, which are required by the Valuation Acts to be valued under those Acts, and also includes a part of any such property which is separately valued under those Acts;

“recipient” means a person entitled to unemployment assistance.

[1948, s. 31]

(2) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 20 weeks shall be treated as one continuous period of unemployment, and “continuously unemployed” shall be construed accordingly.

[1933 UA, s. 2]

(3) Subject to section 156 , each of the following shall be an urban area for the purposes of this Chapter—

(a) every county borough,

(b) the borough of Dun Laoghaire,

(c) every urban district the population of which (as shown by the census of population which is for the time being the latest such census) exceeds 7,000.

[1952, s. 100]

(4) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall be deemed to be resident or ordinarily resident in such urban area.

[1933 UA, s. 4]

(5) A person shall not be deemed to be unemployed within the meaning of this Chapter—

(a) on any day on which he works for wages or other remuneration, whether paid in money or in goods or otherwise howsoever, nor

(b) during any period which is in respect of such person an employment period within the meaning of this section.

(6) The Minister may by regulations made by him under this Chapter prescribe, either generally or in respect of any particular class or classes of persons or any particular district or districts, any period to be an employment period and accordingly no person of such class or resident in such district shall during such employment period be regarded as unemployed within the meaning of this Chapter.

136. —(1) Any person may, subject to this section, apply in the prescribed manner for a qualification certificate.

(2) Where an application for a qualification certificate is duly made by a person and he shows in the prescribed manner that he fulfils the conditions, so far as they are applicable, stated in subsection (3), he shall be entitled to receive a certificate (in this Chapter referred to as a qualification certificate) certifying that he fulfils those conditions.

[1933 UA, s. 10; 1980, s. 8]

(3) The conditions referred to in subsection (2) as the conditions to be fulfilled by a person applying for a qualification certificate are—

(a) that he is at the date of the application resident in the State;

(b) that he has attained the age of 18 years and has not attained pensionable age;

(c) that his means, calculated in accordance with this Chapter, do not exceed an amount per annum equal to 52 times—

(i) the amount of unemployment assistance set out at reference 1 A (1) in Part I of the Fourth Schedule applicable to a person who has an adult dependant and is resident in an urban area, and

(ii) in case he has a qualified child or qualified children so much of the unemployment assistance set out at reference 1 A (1) in Part I of the Fourth Schedule applicable to the person as would be payable in respect of that child or those children, as the case may be; and

(d) in the case of a married woman either—

(i) that her husband is a dependant of her, or

(ii) that neither she nor her husband is a dependant of the other and she has one or more dependants.

[1933 UA, s. 10]

(4) Every qualification certificate shall be in the prescribed form and shall contain a statement of the weekly rate corresponding to the annual rate calculated in accordance with this Chapter of the means of the person to whom such certificate relates.

137. —(1) Any person who is the holder of a qualification certificate may, subject to this section, apply in the prescribed manner for unemployment assistance.

(2) Where an application for unemployment assistance is duly made by a person for the time being entitled under subsection (1) to make such application and the person delivers to a deciding officer his qualification certificate and satisfies such officer in the prescribed manner that he complies with the statutory conditions, the person shall, so long as he continues to comply with the statutory conditions and is not disqualified under this Chapter for receiving unemployment assistance, be entitled, subject to the provisions of this Chapter, to receive payments (in this Chapter referred to as unemployment assistance) at such times, in such manner and at such rate as is or are or shall be appointed by or under this Chapter.

(3) When a person is for the time being in receipt of unemployment assistance, his qualification certificate shall be retained at the prescribed place, during the prescribed time and in the prescribed manner.

[1974 (No. 2), s. 10]

(4) Subject to section 125 , payment of unemployment assistance shall continue to be made for a period of 6 weeks after the date of death of a recipient who had an adult dependant.

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.

139. —Subject to section 140 , the rate (in this Chapter referred to as the scheduled rate) of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule , increased by—

(a) the amount set out in column (3) of that Part for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient shall not be entitled to an increase of assistance under this paragraph in respect of more than one person, and

(b) the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children who normally resides or reside with the applicant or recipient and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

140. —(1) Whenever a person is entitled under this Chapter to receive unemployment assistance, such assistance shall be given to him in the form of a money payment at whichever of the following rates is applicable—

(a) if he has no means, at the scheduled rate, and

(b) if he has means, at a rate equal to the scheduled rate reduced by 5p per week for every 5p or part of 5pof his means.

(2) Whenever in the calculation of the rate at which unemployment assistance is payable to a person, the weekly amount by which the scheduled rate is to be reduced is equal to or exceeds the weekly amount of the scheduled rate, no unemployment assistance shall be payable to the person.

(3) The means of any person for the purpose of this section shall be taken to be the means of such person as stated in the qualification certificate for the time being held by him.

141. —(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in the certificate or his means have increased in amount beyond the figure specified in the certificate as his means, the following provisions shall have effect—

(a) he shall within 7 days after such cesser or the date from which his means became so increased, inform a deciding officer of such cesser and the reason therefor or the increase (as the case may be), and

(b) if he fails or neglects to comply with the provisions of paragraph (a) he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.

(2) Whenever it is determined that any person was not entitled to receive his qualification certificate or hold a qualification certificate of the kind held by him, the holder of the certificate shall on demand by a deciding officer forthwith deliver the certificate to such officer.

(3) Every person who on demand being made to him by a deciding officer under subsection (2) for delivery of his qualification certificate fails to deliver forthwith the certificate to such officer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.

(4) Where a person is convicted of an offence under subsection (3) 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 a deciding officer.

142. —(1) A person shall be disqualified for receiving unemployment assistance—

(a) while he is resident, whether temporarily or permanently, outside the State, or

(b) while he is undergoing penal servitude, imprisonment or detention in legal custody, or

(c) while he is an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or

(d) while he is in receipt of or entitled to a blind pension under section 175 , or any disability benefit, maternity allowance or unemployment benefit under Part II .

[1948, s. 35; 1967 MP, s. 15]

(2) A person who loses his employment through his misconduct, or who voluntarily leaves his employment without just cause or who without good cause refuses or fails to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case shall be disqualified for receiving unemployment assistance for the period of three months or such shorter period (not being less than one week) as may be determined under this Chapter from the date when he so lost or left his employment or so refused or failed.

[1933 UA, s. 16 (5); 1967 MP, s. 15 (a)]

(3) (a) A person who loses employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop or other premises at which he was employed, shall be disqualified for receiving unemployment assistance so long as the stoppage of work continues, except in the case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation.

(b) Paragraph (a) shall not apply to a person who—

(i) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(ii) does not belong to a grade or class of workers of which immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(4) Where separate branches of work which are commonly carried on as separate businesses in separate premises are in any case carried on in separate departments of the same premises, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory or workshop or separate premises, as the case may be.

[1935 UA, s. 10]

(5) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.

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 .

144. —(1) If, for the purpose of obtaining for himself or any other person a qualification certificate or any payment of unemployment assistance or of avoiding the making by himself or any other person of any repayment under this Chapter, any person makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or conceals any material fact, he shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1938 UA, s. 8; 1976 (No. 2), s. 9]

(2) Where a person (in this section referred to as the employer) aids, abets, counsels or procures a person (in this section referred to as the employee) employed by him to commit an offence under subsection (1) or conspires with the employee for the commission by the employee of an offence under that subsection, the employer shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1961 MP, ss. 10, 14]

(3) A person convicted of an offence under this section shall—

(a) if the offence is in relation to the payment or repayment of unemployment assistance, be disqualified for the receipt of unemployment assistance for a period of six months immediately following the date of the conviction, and

(b) if the offence is in relation to a qualification certificate, be disqualified for obtaining or holding a qualification certificate for a period of six months immediately following the date of the conviction.

[1976 (No. 2), s. 12]

(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

145. —(1) Proceedings for an offence under any section of this Chapter shall not be instituted except by or with the consent of the Minister.

(2) A prosecution for an offence under any section of this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

[1935 UA, s. 18]

(4) The wife or husband of a person charged with an offence under this Chapter may, notwithstanding anything contained in section 1 of the Criminal Justice (Evidence) Act, 1924 , be called as a witness either for the prosecution or the defence and without the consent of the person charged.

[1976 (No. 2), s.11]

(5) Where, in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for unemployment assistance, and

(b) that as a result of that application unemployment assistance has been paid to any person (whether or not such assistance was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

146. —(1) In the calculation of the means of a person for the purpose of this Chapter, the following things and no others shall be deemed to constitute the means of the person—

(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income which he may reasonably expect to receive during the succeeding year in cash, including the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any income or money coming within any other paragraph of this subsection,

(ii) all moneys earned by him in respect of current personal employment under a contract of service,

(iii) any moneys received by way of unemployment assistance under this Chapter,

[S.I. No. 168 of 1977]

(iv) any moneys received by way of supplementary welfare allowance,

[1952, Sch. 6; 1944 CA, s. 15; 1973, s. 18]

(v) any moneys received by way of disability benefit, unemployment benefit, maternity benefit or children's allowance,

[1960 MP, s. 10]

(vi) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools.

(vii) an amount of an allowance, dependant's allowance (not being a dependant's allowance to which paragraph (viii) relates), disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

[1968 MP, s. 13]

(viii) a dependant's allowance under the Army Pensions Acts, 1923 to 1980, arising out of service in the period from 23rd April, 1916, to 30th September 1923,

[1962 MP, s. 7]

(ix) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(x) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule , under a scheme that is in the opinion of the Minister, charitable in character and purpose,

[1964 MP, s. 12; 1980, s. 7]

(xi) where he is engaged on a seasonal basis in the occupation of fishing one-half of so much of the income derived there from as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

[1967 MP, s. 13]

(xii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence;

[1933 UA, s. 13; 1979, s. 18]

(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from the use of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him;

(d) all income and the yearly value ascertained in the prescribed manner of all property of which he has directly or indirectly deprived himself in order to qualify himself for the receipt of unemployment assistance;

(e) the yearly value of any benefit or privilege enjoyed by him.

(2) For the purposes of subsection (1) (b), the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

147. —(1) Subject to subsection (5), the yearly value of any advantage accruing to a person who is resident in an area standing specified for the time being in an order under subsection (3) from the use of land which is personally used or enjoyed by the person shall, for the purposes of section 146 (1) (c), be deemed to be an amount calculated—

(a) at the rate of £30 for every pound of the rateable valuation of the land in any case where the valuation does not exceed £10 and at a proportionate rate for any portion of £1 of the valuation,

(b) at the rate of £50 for every pound of the rateable valuation of the land in any case where the valuation exceeds £10 but does not exceed £15 and at a proportionate rate for any portion of £1 of the valuation,

(c) at the rate of £60 for every pound of the rateable valuation of the land in any case where the valuation exceeds £15 but does not exceed £20 and at a proportionate rate for any portion of £1 of the valuation,

[1977, s. 5]

(d) in accordance with the provisions of Regulation 3 (3) of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934 (S.R. & O., No. 34 of 1934) in any case where the valuation exceeds £20.

[1976, s. 4]

(2) (a) The Government may from time to time by order vary a rate specified in subsection (1) or a rateable valuation so specified in relation to such a rate, and may by order provide for a further rate or rates in addition to those provided for in that subsection and specify a further valuation or further valuations in relation to such rate or rates.

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(3) (a) The Government may from time to time by order specify areas for the purposes of subsection (1).

(b) The Government may from time to time by order revoke or amend an order under this subsection, including an order under this paragraph.

(4) Every order made by the Government under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of any thing previously done thereunder.

[1979, s. 5]

(5) Notwithstanding subsections (1) to (4), a person residing in an area standing specified in an order under subsection (3) may opt to have the yearly value of any advantage accruing to him from the use of land personally used or enjoyed by him calculated, for the purposes of section 146 (1) (c), in accordance with the provisions of paragraph (3) of Regulation 3 of the Unemployment Assistance (Calculation of Means Regulations) Order, 1934, (S.R. & O., No. 34 of 1934).

148. —(1) The Minister may make regulations prescribing any matter or thing which is expressly authorised by this Chapter to be prescribed by regulations made by him under this Chapter.

(2) Regulations made by the Minister under this section prescribing a form of application for any purpose under this Chapter may require that all or any of the statements made by the applicant in such form be verified by statutory declaration.

[1933 UA, s. 8]

(3) Where any regulations made under this section require all or any of the statements made by an applicant in a form of application prescribed by such regulations for any purpose under this Chapter to be verified by statutory declaration, such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister authorised by the Minister in that behalf.

[1952, s. 101]

(4) Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 295 , 296 , 297 , 298 , 299 and 300 to unemployment assistance, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .

149. —The Minister may—

(a) by regulations provide for the appointment of a person to receive on behalf of or as representative of an applicant for unemployment assistance who becomes of unsound mind or dies any sums payable by way of unemployment assistance to or in respect of such applicant;

[1933 UA, s. 22]

(b) by regulations make provision after consultation with the Minister for Education for the attendance of unemployed persons at courses of instruction in pursuance of requisitions by deciding officers and may by such regulations appoint or approve of courses of instruction for that purpose;

[1940 UA, s. 6]

(c) prescribe either generally or in respect of any particular class or classes of persons or any particular district or districts that, where a person is employed to work continuously from a time on one day until a time on the next following day, that person shall be regarded, for the purposes of this Chapter as being, by virtue of such employment, employed only on such one of those days as shall be prescribed.

150. —(1) The following provisions shall have effect in relation to the payment of unemployment assistance—

(a) no unemployment assistance shall be payable in respect of the first 3 days of continuous unemployment in any continuous period of unemployment;

(b) no unemployment assistance shall be paid for any period less than one day;

(c) for the purposes of this section, no time prior to the relevant application for unemployment assistance shall be reckoned as, or as part of, a period of unemployment;

(d) no time during which a person is disqualified for receiving unemployment assistance shall be reckoned in the computation of any period of unemployment of such person;

(e) subject to the provisions of this Chapter (including this section), unemployment assistance shall be paid at the prescribed times and in the prescribed manner.

[1960 MP, s. 11; 1974 (No. 2), s. 25]

(2) Subsection (1) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 20 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—

(a) by reason of having, by virtue of section 34 (1), exhausted his title to such benefit, or

(b) if the person is over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 30 (1) (b).

151. —(1) Every payment of unemployment assistance received by any person while he was disqualified for receiving unemployment assistance or the statutory conditions were not complied with by him or which he was otherwise disentitled to receive shall be repayable by such person to the Minister on demand made in that behalf by a deciding officer and, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of unemployment assistance to which such person subsequently becomes entitled.

(2) Every sum repaid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

152. —Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to unemployment assistance, is not at that time receiving payments on account thereof, and

(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of unemployment assistance, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of unemployment assistance subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may deduct from the arrears an amount not exceeding the amount of the excess and shall, in such case, pay to the health board the amount so deducted.

153. —(1) In every financial year there shall be paid to the Minister, in such manner as he may direct, the following sums—

(a) by the corporation of every county borough and of the borough of Dún Laoghaire, a sum equal to one-sixth of 49p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such county borough or the borough of Dún Laoghaire, as the case may be;

(b) by the corporation or council, as the case may be, of every urban area (other than an urban area which is a county borough or the borough of Dún Laoghaire) a sum equal to one quarter of 15p in the pound on the rateable value at the beginning of the immediately preceding local financial year of such urban area.

[1940 UA, s. 2; 1971 LG, s. 1]

(2) (a) In subsection (1) “rateable value” means in relation to any urban area the aggregate amount of the valuations under the Valuation Acts of all hereditaments situate in that urban area in respect of which any rate is payable or, in the case of an unoccupied hereditament, would be payable if the hereditament were occupied, whether such rate is payable to the corporation or the council of the said urban area or to some other authority having power by statute to make and levy rates, and whether such rate is, in the case of any particular hereditament, payable on the valuation thereof under the said Acts or on a fraction of that valuation.

[S.I. No. 215 of 1974]

(b) Whenever the rateable value of an urban area at the beginning of a financial year is being calculated for the purposes of this section, regard shall be had to all appeals under the Valuation Acts determined on or before the 31st day of March in the next following financial year and no regard shall be had to any such appeal determined after that date.

[S.I. No. 215 of 1974]

(3) It shall be the duty of every corporation or council, as the case may be, by whom money is payable to the Minister under this section in a local financial year to pay such money to the Minister in four equal instalments, on 31st March, 30th June, 30th September, and 31st December in such year.

(4) Any money payable to the Minister under this section shall be raised by means of the municipal rate.

[1933 UA, s. 26]

(5) Where, under this section, any money is due and payable to the Minister by a local authority, the amount thereof may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

[1933 UA, s. 27]

(6) Any moneys transferred or paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

154. —(1) The Commissioner of Valuation shall, whenever so requested by the Minister, furnish to the Minister a certificate stating, with due regard to the provisions of this Chapter, the rateable value for the purposes of section 153 at the beginning of any particular financial year specified in such request of any particular urban area so specified.

(2) A certificate furnished by the Commissioner of Valuation to the Minister in pursuance of this section shall be conclusive evidence for the purposes of this Chapter of the rateable value of the urban area to which such certificate relates at the beginning of the financial year specified in that behalf in such certificate.

[1960 MP, s. 12]

(3) Where the Commissioner of Valuation is satisfied that any certificate furnished by him under this section or amended by him under this subsection is erroneous, by reason of a mistake in relation to any matter of law or fact to which regard was had by the Commissioner in the drawing up of the certificate, or in the light of any matter of fact which has come to his notice since the furnishing of the certificate, the Commissioner may amend the certificate for the purpose of correcting the error therein and subsection (2) shall have effect in relation to a certificate amended under this subsection as if the references therein to a certificate were references to a certificate amended under this subsection.

155. —(1) The Minister may, whenever and so often as he thinks fit, by order, made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of any urban district the population of which (as shown by the census of population which is for the time being the latest such census) does not exceed 7,000, direct that such urban district shall be an urban area on the 1st day of January next after the date of such order for the purposes of this Chapter, and upon such order being so made such urban district shall be and continue to be an urban area for those purposes until otherwise provided by an order under subsection (2).

(2) Whenever the Minister has made an order under subsection (1) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and the Minister for the Environment and after consultation with the council of such urban district, direct that such urban district shall on the 1st day of January next after the date of such order cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.

156. —(1) For the purpose of determining the census of population which is the latest such census for the purposes of sections 135 (3) (c) and 155 the Minister shall, whenever a census of population has been taken, certify by order the date of publication of the result of such census, and every such census shall be deemed for those pur poses, but not further or otherwise, to have been taken on the date of publication so certified in respect thereof.

(2) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census to exceed 7,000 does not exceed 7,000, the following provisions shall have effect—

(a) such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) cease on the said 1st day of January to be an urban area for those purposes;

(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue to be an urban area for those purposes until otherwise provided by an order under paragraph (c);

(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, cease to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall cease on the said 1st day of January to be an urban area for those purposes.

(3) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census not to exceed 7,000 exceeds 7,000, the following provisions shall have effect—

(a) such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter until (but not including) the 1st day of January next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this subsection) become on the said 1st day of January an urban area for those purposes;

(b) the Minister may by order, made before the said 1st day of January with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall continue not to be an urban area for those purposes until otherwise provided by an order under paragraph (c);

(c) whenever the Minister has made an order under paragraph (b) in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of January next after the date of such order, become an urban area for the purposes of this Chapter, and upon such order being so made such urban district shall become on the said 1st day of January an urban area for those purposes.