asked the Minister for Industry and Commerce if he is aware that the application of James Cotter, Cork (serial No. 4699) for unemployment assistance, which was made on February 13th, 1939, was disallowed; that Mr. Cotter is a reservist of the National Army who, after completing his annual training in September, 1938, took employment in England; that immediately after certain bombing incidents in England (with which, admittedly, he had no connection) he was dismissed from his employment, and he returned to Cork; that he is now unable to find work, and is without either unemployment insurance or unemployment assistance; and if he will state the grounds on which his application for unemployment assistance benefit was disallowed.
Ceisteanna—Questions. Oral Answers. - Unemployment Assistance Claim.
The Unemployment Assistance Acts enable Unemployment Assistance to be paid only to persons who satisfy, all the statutory conditions and are free from statutory disqualifications for its receipt. One of these statutory conditions reads as follows:—
"In the case of a person resident in an urban area applying for unemployment assistance, that either he has been ordinarily resident in such urban area for at least one year immediately preceding his application for unemployment assistance or has had at least three months employment in such urban area within the year immediately preceding such application."
When Mr. Cotter applied for unemployment assistance on the 13th February last he stated that he had gone to England in September, 1937, and returned to Cork on the 11th February, 1939. He had no employment in the county borough in the year immediately preceding his application, nor had he been ordinarily resident there for the year immediately preceding the date of the application. Consequently his application for unemployment assistance was refused by an unemployment assistance officer. The decision was upheld on appeal to the Court of Referees before which Mr. Cotter appeared and gave evidence.
No contributions have been paid into the Unemployment Fund on Mr. Cotter's behalf, since the 1932/33 insurance year, and he is not therefore entitled to unemployment benefit.
Is the Minister aware that this man has never been 12 months out of the country? He went to England in 1937. He returned to Ireland in September, 1938, to do a month's training in the Army. He returned to England in October, 1938, and came back to Cork in 1939, after being dismissed from his employment in England owing to the trouble.
The question of what constitutes ordinary residence in an area is, of course, one of fact, and in this case the unemployment assistance officer gave his decision against the applicant, and the court of referees upheld the unemployment assistance officer's decision. There is no appeal to anybody from the court of referees, and consequently, there is no means of having the case reopened.
But this man is a resident of Cork City, and the question of his being outside of Cork City for any period is quite a different thing. I think it is most unfair that this young man, who is a resident of Cork City, has been denied his unemployment assistance because of the circumstances, especially having regard to the fact that he came back and did a month's service in the National Army in 1938, and was dismissed later from his service in England because of the trouble there. He returned to Cork in 1939.
I have no power to review the decision of the Court of Referees.
If the Minister has no power to upset the decision of the Court of Referees, I think the Act should be amended.