LAST RESORT

Nelson Evening Mail, Volume LXIV, 19 January 1931, Page 6

LAST RESORT

SUSTENANCE RULES ' MACHINERY SET OUT MAIN POLICY STILL TO FIND WORK MANY SAFEGUARDS In announcing the rules which have been adopted for the payment of sustenance allowances under the Unemployment Act, the Minister of Labour and the chairman of ,the Unemployment Board (the Hon. S. G. Smith) stated that, while the board had drawn up these rules as a matter of necessity in order to be prepared for eventualities, it again desired to emphasise that the policy of the board was still to find work, if at all possible; and not to pay sustenance if that could be avoided. The rules have been framed to meet all classes of workers, and particular attention has ben given to intermittent workers, such as waterside workers, coal miners, and casual employees. Punishments have been fixed, apart from the possibility of criminal action, in the cases of applicants making false statements. The full text of the rules is as follows: I. INTERPRETATION (1) These rules may be referred to as '.‘The Sustenance Allowance R,files, 1931.” (2) In these rules, unless inconsistent with the context, expressions defined in the Unemployment Act, 1930, or in any regulations made thereunder, shall have the same meaning as in the Act and regulations. (3) In these rules, unless inconsistent with the context —

“Applicant” means any applicant for ’sustenance allowance under section 20 of the Act. “Grantee” means an applicant to whom a sustenance allowance has been granted. “Basic wage” means the minimum 'wage for unskilled workers as fixed from time to time by the Court of Arbitration: Provided that if the wage so fixed be an hourly wage, then the basic wage for any week shall be computed for a six-day week of eight hours a day, after deducting any day that may not be a woi’king day in that week; and the basic wage for any month shall be computed for eight hours of every working day of that month. “Commencing date” means the first day. of the period in respect of which a sustenance allowance is recommended to be paid to or for the benefit of any applicant. ‘Working day” in respect of a person usually'employed in any particular occupation means any day on which labour is employed in such ocupation without extra rates of payment; and in respect of a person not usually employed in any particular occupation means any day other than a Sunday or public holiday. 2. DISQUALIFICATION FOR SUSTENANCE

(1) No person will be regarded as eligible to receive a sustenance allowance unless he is registered as being unemployed. (2) No payment of sustenance will be recommended to be made to or for the benefit of any applicant who is unemployed only through incapacity due to accident, sickness, or other physical or mental disability. (3) No payment of sustenance will, without , the express direction, of the board, be recommended to be made to or for the benefit of any applicant who is

in arrears with any instalment of the unemployment levy. (4) No payment of sustenance during the three months immediately following the due date of any instalment of unemployment levy will be recommended to be made to or for the benefit of any applicant who has taken advantage of an exemption from payment of such instalment, whether such exemption is conferred by subsection (2) of .section 7 of the Act or by Order in Council made under subsection (3) of section 7, unless and until with the consent of the board the applicant has voluntarily paid such instalment. (5) No person will be regarded as eligible to receive a sustenance allowance if in the opinion of the board his unemployment is due to a strike or lockout or other industrial dispute to which he is a party. (6) No payment of sustenance will be recommended to or for the baiefit of any applicant if during the three months previous to the date from which ho would otherwise bo eligible to receive sustenance his earnings and income from all sources have been in excess of £65.

3 REDUCTION IN SUSTENANCE ALLOWANCE (1) If the wife or other member of the applicant’s family is in a position to contribute, or if, in fact, any other person does ordinarily contribute to the maintenance of the applicant, and/or the applicant’s household, the sustenance allowance shall be reduced or shall not be trranted as the board may determine. 3 (2) No payment of sustenance will be recommended in respect of any child of an applicant other than a child under the age of sixteen years who is not in receipt of salary, wages, or other income and who is entirely dependent on the applicant for his or her support: ’Provided always that “child shall for the purposes of sustenance allowance be deemed to include a step-child or adopten child. Provided also that the board may in ;ts discretion recommend payment in respect of a child not under the age of sixteen years, if in the opinion of the board such child is mentally or physically defective. 4. APPLICATION FOR SUSTENANCE (1) Every applicant shall make written application to a sustenance officei, and shall furnish regarding himself the particulars of names, address, occupation, conjugal condition, dependants, period of unemployment, and other matters prescribed in the form of applicatio:i for sustenance allowance for the time being adopted by the board. (2) Every sustenance officer shall on receipt o> an application for sustenance make such inquirv as may be reasonably necessary to satisfy himself of the accuracy of the information furnished by the applicant. _ (3) It the sustenance officer has reason to Uiieve that an applicant is ir. any respect not acting in. good faith he shall report the circumstances to the officer ,n charge of a police-station, who shall forthwith institute inquiries into the truth of the statements made by the applicant, and shall cause a written report thereon to be made to the sustenance officer for transmission to,the board. (4) If the sustenance officer is satisfied that the circumstances of the applicant are such as to justify a payment or sustenance allowance, and that no ground exists wherebv. pursuant to the rules payment of sustenance should not be recommended, then the sustenance officer shall immediately issue a certificate to a Postmaster for the payment of sustenance. ■ , (5) The sustenance certified shall be at a weekly rate of such amount as the sustenance officer may think proper, having regard to the circumstances of the applicant and the provisions of section 20 of the Act and the considerations laid down in these rules. (6) A contributor may make an application for sustenance immediately he is unemployed, but in every case unless the board otherwise directs an inquiry period

of two weeks will elapse, pursuant to clause (1) of rule 6 hereof, between the date of application and the commencing date of the sustenance period, and a further period of one week will elapse pursuant to clause (4) of rule 6 hereof before the first payment is made. A qualifying period must also precede tho commencing date pursuant to section 20 of the Act, and to clauso (>2) of rule 6 hereof, such ’qualifying period to be either fourteen consecutive days, or a period of twenty-one days in all, during the four weeks immediately preceding the commencing date. The qualifying period may or may not he concurrent with the period.

5. POSTPONEMENT OF SUSTENANCE ■'

(1) If any applicant has in the opinion of the board without reasonable cause or excuse refused or neglected to accept any work offered to him, then the commencing date of any sustenance allowance granted to him shall be postponed for two weeks beyond the day which would. otherwise have been the commencing date. (2) In the case of an applicant to whom rule 7 hereof applies, and who has, in the opinion of the board, without reasonable cause or excuse refused or neglected to accept any work offered to him, no sustenance will be payable in respect of the first twelve working days in respect of which sustenance would otherwise have been payable. (3) No person shall for the purposes of this rule be deemed to have without reasonable cause or excuse refused or neglected to accept work offered to him merely’ because he has not accepted work offered by an employer in whose undertaking a strike, lock-out, or other industrial dispute is in existence. (4) If any applicant has in the opinion- of the board become unemployed through his own fault, then the commencing date of any sustenance allowance granted to him shall be postponed beyond the day which would otherwise have beeh the commencing date for the following respective periods : (a) On the first occasion of so becoming unemployed since the passing of the said Act, a period of two weeks ; (b) On the second occasion, a period of four weeks.

(c) On the third or any subsequent occasion, such period not being less than four weeks, as the board may determine. (5) In the case of an applicant to whom rule 7 hereof applies, and who has in the opinion of the board become unemployed through his own fault, no sustenace will be payable in respect of the following number of working-days in respect of which sustenance would otherwise have been payable : (a) On the first occasion of so becoming unemployed since the passing of the said Act, twelve working-days. (b) .On the second occasion, twenty-four working days; • U ■ (c) On the third or any subsequent occasion, such number, not being less than twenty-four working days, as the board may determine. Note.—ln addition to the postponements referred to in this' rule,, section 20 (4) of the Act imposes a disqualification in the following terms: j-.-“No sustenance allowance shall be paid to any person in respect of his unemployment, if such unemployment is due to his refusal or failure to accept employment offered to him by or through the board, or to accept any other employment offered to him which in the opinion of the board would be suitable in its nature, conditions, rates of remuneration, and location.” 6. PAYMENT OF SUSTENANCE ((1) Unless the board otherwise directs, no payment . of sustenance will he recommended to be made in respect of a period whose commencing date is earlier than two weeks after the date on which the application was made. Payment of sustenance shall not be affected by the fact that the applicant may at any time during the inquiry period of two weeks referred to in this clause be in employment for a period not exceeding six consecutive working days. (2) Unless the board otherwise directs the commencing date of a sustenance period shall be the day following the inquiry period of two weeks referred to in clause (1) of this rule,, or the day following the completion of a qualifying period of fourteen consecutive'days or twenty-one days during the four weeks immediately preceding the commencing date upon which the grantee has been unemployed, whichever dav is the later. If such qualifying period has not elapsed at the date of application, a su sf®" nance allowance will be recommended conditionally on tho elapsing of such qualifying period. Such qualifying period may wholly or partly precede or follow the date of application, but must in all casos be subsequent to the date on which the applicant has registered as heir- unemployed. (3) In the case of a, grantee who has previously received a sustenance allowance for one of tho maximum periods referred to in clause (12) of this rule, tho commencing date shall not be sooner than three weeks after the. date when the last payment was made in respect ot the sustenance allowance previously granted. (4) The first payment of a sustenance allowance will be made one week after the commencing date, and the sum then paid will be one week’s sustenance at the rate recommended, Jess any deductions to be made pursuant to clause (9; of this rule. ! (5) Subsequent payments of. sustenance allowance will be made at intervals of. two. weeks thereafter, and the sums then, naid will be two weeks’ sustenance at the. rate recommended, less any deductions to .be, made pursuant to clause (9) ot this rule. . » (6) Upon receiving any payment ot sustenance allowance the grantee shall make and sign a declaration m the torn | for the time being adopted by the board referring to the continuance ot his qualification to receive sustenance, and shall also make and sign any such further statement regarding employment or any other matter affecting the question of his eligibility for sustenance that may be required by the board, by sustenance officer, or by the postmaster. (7) Except as provided by the next succeeding clause hereof, sustenance a - lowances will be paid only to the grantee in person and no order signed by the grantee purporting to authorise payment to any other person shall be ot any force or effect. (8) If in the opinion of the sustenance officer it is undesirable to pay a sustenance allowance directly to the applicant, ho shall report the circumstances to the board with a recommendation that the allowance shall be paid in ac ‘ cordance with section 20 (7) of the Act to such person or institution as in his opinion is most appropriate. . (9) If during any period for which sustenance has been recommended a grantee is in employment for a period not exceeding six consecutive working days, no sustenance shall be made to him for any day on which ho was so employed, but for each working day on which lie was unemployed payment shall be made of one-sixth part of the weekly amount of sustenance that has been recommended. (10) If during any period for winch sustenance has been recommended a grantee is in employment no payment in respect of any week shall be made of a

sum that will afford to the grantee an income by way of wages and sustenance ullowance amounting for that week to a sum in excess of the basic wage. (11) If during the inquiry period of two weeks referred to in clause (1) of this rule or during any period for which sustenance has been recommended a grantee is in employment for a period exceeding six consecutive working days, uo payment ,or further payment of sustenance (as the case may be) will be made except upon a recommendation given pursuant to a fresh application for a sustenance allowance made by him under the provisions of these rules. (12) Unless the board otherwise direct, no sustenance will be paid to or for the benefit of any person in respect of more than five weeks until a fresh application lias been made in accordance with Rule 4 hereof; nor shall sustenance be paid for more than fifteen weeks in all in any one period of fifty-two consecutive weeks. ■ (13) Unless the board otherwise directs, sustenance allowance shall be subject to the condition, that the grantee shall during the currency thereof report himself in person to the sustenance officer, postmaster, or such other officer as the Unemployment Commissioner may direct at such intervals being not more than one week or less than one day, as such officer may require. (14) On any breach of the conditions set out in the preceding clause (13) of this rule, no further payment of sustenance will be made except upon a recommendation given pursuant to a fresh application for a sustenance allowance made under the provisions of these rules.

(7) PROVISIONS AS TO WATERSIDE WORKERS AND OTHERS

(1) (a) This rule applies only to the case of an applicant who is by occupation a waterside worker being a member of the Waterside Workers’ Federation, or a coal miner, or a person employed in a railway goods shed who is an emergency casual as defined by the regulations made, under the Government Railways Act, 1926, and certified as such bv a responsible officer of the Railway Department. (b) To every such case clause (1) of Rule 2 hereof- and clauses (1) to (5) inclusive and (9) to (14) inclusive of Rule 6 hereof shall not apply, but the following provisions of this rule shall take effect in lieu thereof.

(c) In this rule “month” means the period from the first to the last day of any calendar month, both days inclusive. (d) “Year” means a year computed from the first day of January. (e) If any doubt arises as to whether any person is. entitled to the benefit of this rule, the question shall be referred to the .board for decision.

(2) Any such applicant may be regarded.as eligible to receive a sustenance allowance whether registered as unemployed or not. in respect of his unemployment during the previous month but a fresh application must be made in respect of every month. (3) Every such application shall be made to a sustenance officer on or before the seventh day of the ensuing month, and shall include such particulars as may be proscribed in the appropriate form of application for the time being adopted by the board. (4) No sustenance will be reconimended in respect of the first twelve working days (whether 1 consecutive or intermittent) of unemployment first month of any year in respect of which month an application for -sustenance is made. (5) The amount of sustenance to be allowed 1 in respect of such previous month will for each working day in which such applicant was unemployed during such previous month (exclusive of the twelve days referred to in clause (4) of tins ruie) he one-sixth part of the weekly amount of sustenance that has been lecommended. (6) The amount of sustenance to be so allowed shall nevertheless ho limited so ns to be not more than thd sum which together with actual earnings during such previous month amounts to the basic wage for that month. > (7) The amount of sustenance ascertained as aforesaid will he payable on the fifteenth day of the month (or it i that day be a Sunday or holiday then on i the next succeeding working day) or at 'any subsequent time during the month. If any such amount is not claimed within the month, then, unless the boara otherwise directs, the payment shall ?8) After sustenance has been paid to or for the benefit of any such applicant in respect of thirty days, whether consecutive or not in any year, no sustenance will be paid in respect of the next following month. (9) Sustenance allowance will not be recommended or paid to or for the benefit of any such applicant in respect of more than ninety days in. all in any one vear. ~ . .. (1 ) If it is shown to the satisfaction of the ■ Unemployment Commissioner or a sustenance officer that without any excuse appearing to him to be sufficien any such applicant was unemployed or did not offer himself for employment in any month on any day on which in the port or goods-shed where such applicant usually worked there were not available to carry out the work offering if such work was of a kind customarily performed— (a) In the case of a waterside worker, 1 sufficient, members of the Waterside I Workers’ Federation; , . (b) In the case of a railway goods-shed ! worker, a sufficient number ot emergency casuals within the meaning of clause (1) of this rule then and in every such case the total earnings of the applicant for that month shall be computed by adding to his actual earnings the sum of 20s for eveiy SU (11) if it is shown to the satisfaction of the Unemployment Commissioner or a sustenance .officer that without any excuse appearing to him to bo sufficien , any such applicant being a coal-mine was unemployed or did not offer himself for employment in any month on any day on which the mine where such applicant usually worked was open foi working, then and in every such case the total earnings of the applicant for that month shall be computed by addin to his actual earnings the sum of 20s for eveiy such day. (12) In. the case of an applicant to whom this rule applies, if he obtains employment for a period of three montl. or more in a calling other than those referred to in this rule, and subsequently returns to his previous calling, sustenance shall not be payable to him in respect of the first twelve working days (whether consecutive or intermittent) ot (Unemployment subsequent to his return to such previous calling. 8. FALSE STATEMENTS (1) If it appears to the board that an applicant has made any false or mis--1 ending statement, whether in Ins application for a sustenance allowance, or upon receiving any payment of sustenance, or on' any other occasion., or regarding any matter in connection with an application for or payments of sustenance by means of which statement the payment of sustenance or the amount thereof might be affected, then — (a) No further payment in respect of v any sustenance theretofore recommended shall be made. I (b) The applicant will not be regard- ! ed as eligible to receive sustenance

allowance until the expiration of such period as the board may determine not exceeding twelve months from the last date when a payment of sustenance was made. (2) Any sustenance officer or Postmaster who is of opinion that any applicant has made a false or misleading statement as described in the last preceding clause hereof shall forthwith report the matter to the board. (3) The provisions of this rule shall apply irrespective of the conviction or exoneration of the person concerned upon an information for any crime or statutory offence.