§ (1) All claims for unemployment benefit under this Part of this Act, and all questions whether the statutory conditions are fulfilled in the case of any workman claiming such benefit, or whether those conditions continue to be fulfilled in the case of a workman in receipt of such benefit, or whether a workman is disqualified for receiving or continuing to receive such benefit, or otherwise arising in connection with such claims, shall be determined by one of the officers appointed under this Part of this Act for determining such claims for benefit (in this Act referred to as "insurance officers"):
§ Provided that—
- (a) in any case where unemployment benefit is refused or is stopped, or where the amount of the benefit allowed is not in accordance with the claim, the workman may require the insurance officer to report the matter to a court of referees constituted in accordance with this Part of this Act, and the referees after considering the circumstances may make to the insurance officer such recommendations on the case as they may think proper, and the insurance officer shall, unless he disagrees, give effect to those recommendations. If the insurance officer disagrees with any such recommendation he shall, if so
897 requested by the referees, refer the recommendation, with his reasons for disagreement, to an umpire appointed under this Part of this Act, whose decision shall be final and conclusive; - (b) the insurance officer in any case in which he considers it expedient to do so may, instead of himself determining the claim or question, refer it to a court of referees, who shall in such case determine the question, and the decision of the Court shall be final and conclusive.
§ (2) Nothing in this Section shall be construed as preventing an insurance officer or umpire, or a court of referees, on new facts being brought to his or their knowledge, revising a decision or recommendation given in any particular case, but where any such revision is made, the revised decision or recommendation shall have effect as if it had been an original decision or recommendation, and the foregoing provisions of this Section shall apply accordingly.
§ (3) The Arbitration Act, 1889, shall not apply to proceedings under this Section except so far as it may be applied by regulations under this Part of this Act.
§ (4) For the purposes of proceedings under this Section in Ireland regulations may apply all or any of the provisions of the Common Law Procedure (Ireland) Act, 1856, with respect to arbitration.
§ Amendment proposed: In Sub-section (1), paragraph (a), to leave out the word "an" ["to an umpire appointed under this Part of the Act"], and to insert instead thereof the word "the."—[Mr. Buxton.]
§ Mr. HOAREI think we ought to have some explanation of this Amendment. The right hon. Gentleman Bays it is purely a drafting Amendment, but surely it covers the change which the right hon. Gentleman foreshadowed yesterday, when in answer to a question I put to him he informed us, for the first time, that there was not going to be one umpire but two umpires, an umpire and a deputy-umpire. That seems to be covered by this verbal alteration. If the right hon. Gentleman tells me it is not covered by this, I am quite ready to accept the Amendment.
§ Amendment agreed to.
§ Further Amendment made: At end of Sub-section (2), add the words "without prejudice to the retention of any benefit which may have been received under the decision or recommendation which has been revised.—[Mr. Buxton.]