Jobseekers Benefit
SWCA 2005
Chapter 12
Unemployment Benefit (ss. 62-68A)
62.
Entitlement to benefit.
(1)Subject to this Act, a person shall be entitled to jobseeker’s benefit in respect of any day of unemployment (in this Part referred to as “a day of unemployment”) which forms part of a period of interruption of employment, where –
(a)on the day for which the benefit is claimed he or she –
(i)is under pensionable age, or
(ii)is a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),
(b)he or she proves unemployment in the prescribed manner,
(c)he or she satisfies the contribution conditions in section 64, and
(d)other than in the case of a person engaged in casual employment or a person employed as a retained fire fighter, he or she has sustained a substantial loss of employment in any period of 7 consecutive days.
(1A)Without prejudice to the generality of subsection (1) (b), for the purposes of that subsection a person may prove unemployment and may make a declaration for that purpose, by means of an electronic communication, in the prescribed manner.
(2)The circumstances in which a person is to be regarded, for the purposes of subsection (1), as being engaged in casual employment shall be specified in regulations.
(3)The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.
(4)A person shall not be entitled to jobseeker’s benefit for the first 3 days of any period of interruption of employment.
(5)For the purposes of any provision of this Act relating to jobseeker’s benefit –
(a)a day shall not be treated in relation to an insured person as a day of unemployment unless on that day –
(i)he or she is capable of work,
(ii)he or she is, or by reason of his or her participation in an activity prescribed for the purposes of this subsection and subject to the conditions that may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and
(iii)he or she is genuinely seeking, but is unable to obtain, employment suitable for him or her having regard to his or her age, physique, education, normal occupation, place of residence and family circumstances,
(iv)[deleted]
(b)”day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,
(c)any 4 days of interruption of employment, whether consecutive or not, within a period of 7 consecutive days shall be treated as a period of interruption of employment and any 2 such periods not separated by a period of more than 26 weeks shall be treated as one period of interruption of employment,
(d)[deleted]
(6)Notwithstanding subsection (5) (c), where in respect of any day of unemployment (referred to in this subsection as “the relevant day of unemployment”) which forms part of a period of interruption of employment a person has not, before the relevant day of unemployment, been entitled, in that period of interruption of employment, to jobseeker’s benefit in respect of a day of unemployment within the 2 years before the relevant day of unemployment, that day shall be treated as the first day of unemployment in a separate period of interruption of employment subject to subsection (4) not applying in relation to that separate period of interruption of employment.
(7)For the purposes of this Chapter and Chapter 2 of Part 3, the Minister shall make regulations specifying the circumstances in which a person is or is not to be regarded as being available for or genuinely seeking employment and these circumstances may vary in relation to –
(a)the person’s previous work experience,
(b)the period for which he or she has been unemployed, and
(c)the prevailing employment conditions.
(8)Notwithstanding anything contained in subsection (5), any period –
(a)not exceeding 1 year in duration, of –
(i)employment under a scheme provided by the Minister and known as Community Employment,
(ii)employment under a scheme provided by the Minister and known as the Rural Social Scheme,
(iii)[deleted]
(iv)[deleted]
(v)attendance at an approved course of training,
(vi)participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative, or
(vii)participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,
or
(b)not exceeding 2 years in duration, of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,
shall be disregarded in treating, under subsection (5) (c), any 2 periods of interruption of employment not separated by more than 26 weeks as one period of interruption of employment.
(9)Regulations may make provision (subject to subsection (5)) as to the days which are or are not to be treated for the purposes of jobseeker’s benefit as days of unemployment or of incapacity for work.
(9A)In the case of a person to whom subsection (11) does not apply, the number of days of unemployment in respect of which that person shall be entitled to jobseeker’s benefit in any payment week shall be limited so that the total of –
(a)the number of days in that payment week in respect of which jobseeker’s benefit is paid, and
(b)the number of days in that payment week which are not days which form part of a period of interruption of employment,
shall not exceed 6.
(9B)In the case of a person to whom subsection (9A) applies, the amount payable by way of jobseeker’s benefit for any day of unemployment in a payment week shall be determined in accordance with subsections (10) and (10A).
(10)Subject to subsections (10B) and (11), the amount payable by way of jobseeker’s benefit for any day of unemployment shall be –
(a)16.67 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 6 days of unemployment in any payment week,
(b)16 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 5 days of unemployment only in any payment week,
(c)15 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 4 days of unemployment only in any payment week,
(d)13.33 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 3 days of unemployment only in any payment week, and
(e)10 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 2 days of unemployment only in any payment week.
(10A)Notwithstanding subsection (1), where a person, other than a person to whom subsection (11) applies, would, but for this subsection, be entitled to jobseeker’s benefit for one day of unemployment only in any payment week, that person shall not be entitled to jobseeker’s benefit in respect of that day of unemployment.
(10B)The total amount of jobseeker’s benefit payable at any time by virtue of subsection (10) shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
(10C)In this Chapter “payment week” means the period commencing on the Thursday of one week and ending on the Wednesday of the following week.
(11)Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to jobseeker’s benefit in any payment week shall be limited so that the total of the number of days in respect of which that benefit is paid and the number of days worked shall not exceed 5, and in that case the amount payable by way of that benefit for any day of unemployment in that week shall, notwithstanding subsection (10), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
62A.
Refusal or failure to attend activation meetings relating to jobseeker’s benefit.
(1)Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s benefit requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3).
(2)Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2).
(3)A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person –
(a)attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or
(b)attend for or submit to an assessment of that person’s education, training or development needs.
(4)Where jobseeker’s benefit is paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.
(5)Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s benefit for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (6), not exceed 9 weeks.
(6)Nothing in this section shall prevent the provisions of subsections (1) to (5) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5) –
(a)notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and
(b)that person continues, without good cause, to refuse or fail to comply with that requirement.
(7)Where, on the commencement of section 12 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker’s benefit is being paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) for a period of not less than 21 days –
(a)a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and
(b)subsections (4) to (6) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.
62B.
Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s benefit.
(1)Where –
(a)as a consequence of attendance for or submission to an assessment in accordance with section 62A(3) (b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in –
(i)any scheme or programme of employment or work experience, or
(ii)a course of education, training or development,
which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and
(b)that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,
the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2).
(2)Where jobseeker’s benefit is paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) on account of a refusal or failure referred to in subsection (1) –
(a)notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or
(b)a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in –
(i)any scheme or programme of employment or work experience, or
(ii)a course of education, training or development,
which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.
(3)Where a person refuses or fails, without good cause, to –
(a)comply with the requirement specified in the notice under subsection (2) (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or
(b)participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b),
that person shall be disqualified for receiving jobseeker’s benefit for any period of such refusal or failure commencing on –
(i)the date specified in the notice under subsection (2) (a), or
(ii)the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b),
as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks.
(4)Nothing in this section shall prevent the provisions of subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3) –
(a)notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2) (a), or
(b)a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b),
as the case may be, and that person continues, without good cause, to refuse or fail to –
(i)comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or
(ii)participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).
62C.
Giving of notice under section 62A or 62B.
A notice under section 62A or 62B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.
63.
Condition for receipt (optional contributors).
(1)It shall be a condition for the receipt of jobseeker’s benefit in respect of any day by a person engaged in share fishing that –
(a)it is not a day on which he or she is engaged in share fishing and it is a day in respect of which he or she makes reasonable efforts to obtain such work, and
(b)there was no work on, or in connection with, the fishing vessel of which he or she is a member of the crew available for him or her on that day because –
(i)as a consequence of weather conditions, the fishing vessel could not reasonably have put to sea for the purposes of fishing, or
(ii)the fishing vessel was undergoing repairs or maintenance, not being repairs or maintenance constituting work within the meaning of subsection (2).
(2)For the purposes of subsection (1), work includes any work done to the fishing vessel or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of nets and gear or their preparation for fishing which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing vessel, or is likely to become so necessary in the near future, and which it is the duty of a person engaged in share fishing (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or the gross earnings of the working of the fishing vessel, but any other work done to the fishing vessel or its nets or gear, shall be disregarded.
64.
Conditions for receipt.
(1)The contribution conditions for jobseeker’s benefit are that the claimant –
(a)
(i)has employment contributions or optional contributions paid in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed, or
(ii)has self-employment contributions paid in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed,
(b)
(i)has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or
(ii)has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,
and
(c)has –
(i)reckonable weekly earnings, or
(ia)reckonable weekly earnings, in the case of a person who immediately before the week of unemployment for which jobseeker’s benefit was claimed –
(I)was in receipt of carer’s benefit or carer’s allowance and,
(II)was in receipt of jobseeker’s benefit immediately before receiving a payment referred to in subparagraph (I),
or
(ii)in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income,
in excess of €300 in the governing contribution year or has reckonable weekly earnings specified in paragraphs (a) to (c) of subsection (6) or, as the case may be, has reckonable weekly income specified in paragraphs (d) to (f) of subsection (6) in the periods specified in respect of those earnings or that income in those paragraphs.
(2)In the case of any claim for jobseeker’s benefit where the period of interruption of employment began before 6 April 1987, subsection (1) (a) shall be read as if “26” were substituted for “104”.
(3)In the case of any claim for jobseeker’s benefit where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004 subsection (1) (a) shall be read as if “39” were substituted for “104”.
(3A)In the case of any claim for jobseeker’s benefit where the period of interruption of employment began on or after 5 April 2004 and before 1 January 2009, subsection (1) (a) shall be read as if “52” were substituted for “104”.
(4)Where a person under 70 years of age has been entitled to payment of jobseeker’s benefit in respect of any day or would but for section 62 (4), 68(1), 68(6) or 68(6A) have been so entitled then, in relation to jobseeker’s benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1) (b) (i) or (ii), be regarded as continuing so long as the period of interruption of employment continues.
(4A)Regulations may provide for entitling to jobseeker’s benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement, in subsection (1) (b) (i), that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which benefit is claimed, is not satisfied.
(5)Regulations may provide for modifications of the contribution conditions set out in subsection (1).
(6)For the purposes of the requirements of subsection (1) (c) relating to reckonable weekly earnings or, as the case may be, reckonable weekly income, a claimant –
(a)has reckonable weekly earnings –
(i)which do not exceed €44.43,
(ii)which exceed €44.43 but do not exceed €63.48, or
(iii)which exceed €63.48 but do not exceed €88.87,
in respect of a period of interruption of employment which commenced before 25 December 2003,
(b)has reckonable weekly earnings –
(i)which do not exceed €79.99,
(ii)which exceed €79.99 but do not exceed €124.99, or
(iii)which exceed €124.99 but do not exceed €149.00,
in respect of a period of interruption of employment which commenced on or after 25 December 2003 and before 5 January 2009,
(c)has reckonable weekly earnings –
(i)which do not exceed €149.99,
(ii)which exceed €149.99 but do not exceed €219.99, or
(iii)which exceed €219.99 but do not exceed €299.99,
in respect of a period of interruption of employment which commenced on or after 5 January 2009,
(d)has reckonable weekly income –
(i)which does not exceed €44.43,
(ii)which exceeds €44.43 but does not exceed €63.48, or
(iii)which exceeds €63.48 but does not exceed €88.87,
in respect of a period of interruption of employment which commenced before 25 December 2003,
(e)has reckonable weekly income –
(i)which does not exceed €79.99,
(ii)which exceeds €79.99 but does not exceed €124.99, or
(iii)which exceeds €124.99 but does not exceed €149.00,
in respect of a period of interruption of employment which commenced on or after 25 December 2003 and before 5 January 2009, or
(f)has reckonable weekly income –
(i)which does not exceed €149.99,
(ii)which exceeds €149.99 but does not exceed €219.99, or
(iii)which exceeds €219.99 but does not exceed €299.99,
in respect of a period of interruption of employment which commenced on or after 5 January 2009.
(7)[deleted]
(8)The condition in subsection (1) (c) shall not apply in the case of a claim for jobseeker’s benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
(9)For the purposes of subsection (1) (c) –
(a)the reckonable weekly earnings referred to in subparagraphs (i) and (ia) of that subsection shall, subject to paragraph (b), be calculated as the total reckonable earnings in the governing contribution year increased by the amount of –
(i)a payment, if any, referred to in section 38, and
(ii)an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001,
divided by the number of qualifying contributions in that governing contribution year,
(b)without prejudice to paragraph (a), the governing contribution year, for the purposes of the calculation, in accordance with paragraph (a), of the reckonable weekly earnings referred to in subparagraph (ia) of subsection (1) (c) shall be –
(i)the governing contribution year, or
(ii)the governing contribution year that relates to the jobseeker’s benefit claim referred to in subsection (1) (c) (ia) (II),
whichever is the more favourable, and
(c)the reckonable weekly income referred to in subparagraph (ii) of that subsection shall be calculated as the total reckonable income in the governing contribution year increased by the amount of –
(i)a payment, if any, referred to in section 38, and
(ii)an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001,
divided by the number of qualifying contributions in that governing contribution year.
(10)In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of jobseeker’s benefit or illness benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, nothing in this section shall be construed as reducing the rate of jobseeker’s benefit payable to him or her to a rate which is less than the rate to which he or she was entitled to before that date.
(11)In subsection (9), “Regulations of 2001” means the Income Tax (Employments) (Consolidation) Regulations 2001 (S.I. No. 559 of 2001).
65.
Rate of benefit.
(1)Subject to this Act, the weekly rate of jobseeker’s benefit shall be as set out in column (2) of Part 1 of Schedule 2.
(2)Subject to this Act, notwithstanding subsection (1), in the case of a person to whom subsection (2) or (6) of section 62A or subsection (1) or (4) of section 62B refers, the weekly rate of jobseeker’s benefit shall be reduced and accordingly shall be the weekly rate set out in column (2) of Part 1 of Schedule 2 which shall be reduced in each week by €44.
65A.
Rates of jobseeker’s benefit relating to certain reckonable weekly earnings, certain reckonable weekly income and certain periods.
(1)Subject to this Act, in the case of –
(a)a person with reckonable weekly earnings specified in section 64(6)(a)(i) or reckonable weekly income specified in section 64(6)(d)(i), the weekly rate of jobseeker’s benefit shall be €104.10,
(b)a person with reckonable weekly earnings specified in section 64(6)(a)(ii) or reckonable weekly income specified in section 64(6)(d)(ii), the weekly rate of jobseeker’s benefit shall be €149.60,
(c)a person with reckonable weekly earnings specified in section 64(6)(a)(iii) or reckonable weekly income specified in section 64(6)(d)(iii), the weekly rate of jobseeker’s benefit shall be €181.70,
(d)a person with reckonable weekly earnings specified in section 64(6)(b)(i) or reckonable weekly income specified in section 64(6)(e)(i), the weekly rate of jobseeker’s benefit shall be €104.10,
(e)a person with reckonable weekly earnings specified in section 64(6)(b)(ii) or reckonable weekly income specified in section 64(6)(e)(ii), the weekly rate of jobseeker’s benefit shall be €149.60,
(f)a person with reckonable weekly earnings specified in section 64(6)(b)(iii) or reckonable weekly income specified in section 64(6)(e)(iii), the weekly rate of jobseeker’s benefit shall be €181.70,
(g)a person with reckonable weekly earnings specified in section 64(6)(c)(i) or reckonable weekly income specified in section 64(6)(f)(i), the weekly rate of jobseeker’s benefit shall be €104.10,
(h)a person with reckonable weekly earnings specified in section 64(6)(c)(ii) or reckonable weekly income specified in section 64(6)(f)(ii), the weekly rate of jobseeker’s benefit shall be €149.60, or
(i)a person with reckonable weekly earnings specified in section 64(6)(c)(iii) or reckonable weekly income specified in section 64(6)(f)(iii), the weekly rate of jobseeker’s benefit shall be €181.70.
(2)Subject to this Act, notwithstanding subsection (1), in the case of a person to whom subsection (2) or (6) of section 62A or subsection (1) or (4) of section 62B refers, the weekly rate of jobseeker’s benefit shall be reduced and accordingly –
(a)in the case of a person referred to in subsection (1)(a), (1)(d) or (1)(g), the weekly rate shall be €84.30,
(b)in the case of a person referred to in subsection (1)(b), (1)(e) or (1)(h), the weekly rate shall be €121.20, or
(c)in the case of a person referred to in subsection (1)(c), (1)(f) or (1)(i), the weekly rate shall be €147.20.
66.
Increases for qualified adult and qualified children.
(1)Subject to subsection (1A), the weekly rate of jobseeker’s benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
(1A)In the case of a person referred to in section 65A, the weekly rate of jobseeker’s benefit shall be increased by €99.70 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
(2)The weekly rate of jobseeker’s benefit shall be increased by the amount set out –
(a)in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and
(b)in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.
(3)Subject to subsection (4), any increase of jobseeker’s benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.
(4)Subsection (3) shall not apply and no increase of jobseeker’s benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
67.
Duration of payment.
(1)A person who, in respect of any period of interruption of employment, has been entitled to jobseeker’s benefit for 156 days shall not thereafter, subject to (3), (3A), (3C), (4A) or (4C), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he or she has requalified for benefit or unless, in the case of a person over 65 years of age and under pensionable age, he or she has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which jobseeker’s benefit is claimed.
(2)Where a person entitled to jobseeker’s benefit for 156 days has exhausted his or her right to jobseeker’s benefit –
(a)he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to that benefit, and
(b)on his or her requalifying for that benefit, subsection (1) shall again apply to the person, but, in a case where the period of interruption of employment in which the person exhausted his or her right to that benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.
(3)Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of not less than 260 contribution weeks have effect as if “234 days” were substituted for “156 days”.
(3A)Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 156 days, have effect as if “390 days” were substituted for “156 days” for the remainder of such period of interruption of employment.
(3B)Where a person to whom section 64(1) (c) (ia) (I) applies is –
(a)in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and
(b)the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1) (c) (ia) (II) began on or before 14 October 2008,
subsection (3) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.
(3C)Where subsection (3A) does not apply to a person and that person has –
(a)in any period of interruption of employment, qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and
(b)on 3 April 2013, been in receipt of jobseeker’s benefit for more than 156 days,
subsection (1) shall have effect as if “312 days” were substituted for “156 days” for the remainder of such period of interruption of employment.
(4)[deleted]
(4A)Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 78 days, have effect as if “312 days” were substituted for “156 days” for the remainder of such period of interruption of employment.
(4B)Where a person to whom section 64(1) (c) (ia) (I) applies is –
(a)in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and
(b)the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1) (c) (ia) (II) began on or before 14 October 2008,
subsection (4) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.
(4C)Where subsection (4A) does not apply to aperson and that person has –
(a)in any period of interruption of employment, qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and
(b)on 3 April 2013, been in receipt of jobseeker’s benefit for more than 78 days,
subsection (1) shall have effect as if “234 days” were substituted for “156 days” for the remainder of such period of interruption of employment.
(5)Where a person entitled to jobseeker’s benefit for 234 days, 312 days or 390 days has exhausted his or her right to that benefit –
(a)the person shall requalify for that benefit when he or she has qualifying contributions (other than optional contributions) in respect of 13 contribution weeks begun or ended since the 156th day for which he or she was entitled to that benefit, and
(b)on his or her requalifying for that benefit, subsections (1) and (3) as the case may be, shall again apply to him or her, but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.
(6)Notwithstanding this Chapter, in the case of a person who satisfies the contribution conditions contained in section 64 by virtue of having paid optional contributions –
(a)where he or she has been entitled to jobseeker’s benefit for 78 days in any benefit year he or she shall not thereafter be entitled to that benefit in respect of any day of unemployment in that benefit year, and
(b)the first day of unemployment in any benefit year shall be treated as the beginning of a separate period of interruption of employment.
(7)Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where the person would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.
(8)Subject to section 141(3C), for the purposes of this section, where a person receives jobseeker’s allowance in respect of any week of unemployment, within the meaning of section 141(3), which includes any day in respect of which that person is entitled to jobseeker’s benefit, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.
(8A)For the purposes of this section, where a person receives jobseeker’s benefit (self-employed) in respect of any week of unemployment, and that person is entitled to jobseeker’s benefit in respect of that week, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.
(9)For the purposes of this section, any period in respect of which a person is disqualified for receiving jobseeker’s benefit by virtue of section 68(6) or 68(6A) shall be treated as though it were a period in respect of which jobseeker’s benefit was paid.
(10)For the purposes of this section, where a person receives a payment in respect of a scheme administered by the Minister and known as the Short Term Enterprise Allowance Scheme in respect of any week of unemployment, which includes any day in respect of which that person is entitled to jobseeker’s benefit, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.
(11)Where a person is in receipt of jobseeker’s benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she –
(a)was born on or after 1 January 1958, and
(b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.
68.
Disqualifications.
(1)Subject to subsection (2), a person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he or she was employed shall be disqualified for receiving jobseeker’s benefit so long as the stoppage of work continues, except in a case where the person has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he or she usually follows or has become regularly engaged in some other occupation.
(2)Subsection (1) shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
(3)Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments, for the purposes of subsection (1), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
(4)A person shall be disqualified for receiving jobseeker’s benefit during any week in which he or she is employed under a scheme provided by the Minister and known as Community Employment.
(5)A person shall be disqualified for receiving jobseeker’s benefit during any week in which he or she is employed under a scheme provided by the Minister and known as the Rural Social Scheme.
(6)A person shall be disqualified for receiving jobseeker’s benefit for a period not exceeding 9 weeks as may be determined under this Act where he or she –
(a)has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause,
(b)has refused an offer of suitable employment,
(c)[deleted]
(d)has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment, or
(e)being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts 1967 to 2003, has been dismissed by his or her employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under those Acts or under an agreement with his or her employer,
and the period of disqualification shall begin on the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy, as the case may be, occurred.
(6A)[deleted]
(7)Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of jobseeker’s benefit and restrictions on the rate and duration of that benefit, where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
(8)For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person where it is –
(a)employment in a situation vacant in consequence of a stoppage of work due to a trade dispute,
(b)employment in the district where the person was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he or she habitually obtained in his or her usual employment in that district, or would have obtained had he or she continued to be so employed, or
(c)employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.
68A.
Jobseeker’s benefit – disqualification for course of study.
(1)A person shall not be entitled to receive jobseeker’s benefit while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.
(2)In this section –
“academic year” has the meaning assigned to it by section 148;
“a course of study” has the meaning assigned to it by section 148;
“institution of education” has the meaning assigned to it by section 148.
(3)For the purposes of this section, a person shall be regarded, subject to regulations made under subsection (1), as attending a course of study –
(a)for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination of the Department of Education and Skills, whichever is the later,
(b)for the duration of an academic year, or
(c)for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following year.
Chapter 12A
Jobseeker’s Benefit (Self-Employed) (ss. 68B-68K)
68B.
Interpretation
In this Chapter, save where the context otherwise requires, “payment week” means the period commencing on the Thursday of one week and ending on the Wednesday of the following week.
68C.
Entitlement to benefit and qualifying conditions
(1)Subject to this Act, a person shall be entitled to jobseeker’s benefit (self-employed) in respect of any payment week where –
(a)in the week for which the benefit is claimed he or she –
(i)is under pensionable age, or
(ii)is a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),
(b)he or she satisfies the contribution conditions in section 68D,
(c)subject to section 68K(3), he or she is not engaged in self-employment,
(d)he or she is capable of work,
(e)he or she is genuinely seeking, but is unable to obtain, employment suitable for him or her having regard to his or her age, physique, education, normal occupation, place of residence and family circumstances, and
(f)he or she proves unemployment in the prescribed manner.
(2)For the purposes of this Chapter, the Minister shall make regulations specifying the circumstances in which a person is or is not to be regarded as being available for and genuinely seeking employment and these circumstances may vary in relation to –
(a)the person’s previous work experience,
(b)the period for which he or she has been unemployed, and
(c)the prevailing employment conditions.
(3)Without prejudice to the generality of subsection (1)(f), for the purposes of that subsection a person may prove unemployment and may make a declaration for that purpose, by means of an electronic communication, in the prescribed manner.
(4)Notwithstanding any other provision of this Chapter, where a person has 4 days, whether consecutive or not, of insurable employment in any payment week (other than any day when the person is employed as a retained fire fighter) he or she shall not be entitled to jobseeker’s benefit (self-employed) in respect of that week.
68D.
Conditions for receipt
(1)The contribution conditions for jobseeker’s benefit (self-employed) are that the claimant –
(a)
(i)has employment contributions or optional contributions paid in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the week for which benefit is claimed, or
(ii)has self-employment contributions paid in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the week for which benefit is claimed,
(b)has self-employment contributions paid in respect of not less than 52 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the claim is made, and
(c)has reckonable weekly income in excess of €300 in the governing contribution year or has average reckonable weekly income specified in paragraphs (a) to (c) of subsection (4) in that year.
(2)Regulations may provide for modifications of the contribution conditions set out in subsection (1).
(3)Subsection (1)(c) shall not apply in the case of a claim for jobseeker’s benefit (self-employed) made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
(4)For the purposes of the requirements of subsection (1)(c), a claimant –
(a)has average reckonable weekly income in the governing contribution year which does not exceed €149.99,
(b)has average reckonable weekly income in the governing contribution year which exceeds €149.99 but does not exceed €219.99, or
(c)has average reckonable weekly income in the governing contribution year which exceeds €219.99 but does not exceed €299.99.
(5)For the purposes of subsection (1)(c), the reckonable weekly income shall be calculated as the total reckonable income in the governing contribution year divided by the number of qualifying contributions in that governing contribution year.
68E.
Rate of benefit
(1)Subject to this Act, the weekly rate of jobseeker’s benefit (self-employed) shall be as set out in column (2) of Part 1 of Schedule 2.
(2)Subject to this Act, and notwithstanding subsection (1), in the case of a person to whom subsection (2) or (6) of section 68I or subsection (1) or (4) of section 68J refers, the weekly rate of jobseeker’s benefit (self-employed) shall be reduced and accordingly shall be the weekly rate set out in column (2) of Part 1 of Schedule 2 which shall be reduced in each week by €44.
(3)The weekly rate of payment of jobseeker’s benefit (self-employed), as provided for under this Chapter, shall be reduced by 20 per cent for each day of insurable employment the person has in the payment week.
(4)The total amount of jobseeker’s benefit (self-employed) payable under this section in any payment week shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
68F.
Rate of jobseeker’s benefit (self-employed) relating to certain average reckonable weekly earnings and certain periods
(1)Subject to this Act, in the case of –
(a)a person with average reckonable weekly income specified in section 68D(4)(a), the weekly rate of jobseeker’s benefit (self-employed) shall be €104.10,
(b)a person with average reckonable weekly income specified in section 68D(4)(b), the weekly rate of jobseeker’s benefit (self-employed) shall be €149.60, and
(c)a person with average reckonable weekly income specified in section 68D(4)(c), the weekly rate of jobseeker’s benefit (self-employed) shall be €181.70.
(2)Subject to this Act, notwithstanding subsection (1), in the case of a person to whom subsection (2) or (5) of section 68I or subsection (1) or (3) of section 68J refers, the weekly rate of jobseeker’s benefit (self-employed) shall be reduced and accordingly –
(a)in the case of a person referred to in subsection (1)(a), the weekly rate shall be €84.30,
(b)in the case of a person referred to in subsection (1)(b), the weekly rate shall be €121.20, and
(c)in the case of a person referred to in subsection (1)(c), the weekly rate shall be €147.20.
68G.
Increases for qualified adult and qualified children
(1)Subject to subsection (2), the weekly rate of jobseeker’s benefit (self-employed) shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
(2)In the case of a person referred to in section 68F, the weekly rate of jobseeker’s benefit (self-employed) shall be increased by €99.70 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
(3)The weekly rate of jobseeker’s benefit (self-employed) shall be increased by the amount set out –
(a)in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and
(b)in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.
(4)Subject to subsection (5), any increase of jobseeker’s benefit (self-employed) payable under subsection (3) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult and subsection (3) shall be read and have effect accordingly.
(5)Subsection (4) shall not apply and no increase of jobseeker’s benefit (self-employed) payable under subsection (3) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
68H.
Duration of payment
(1)Subject to this Chapter, jobseeker’s benefit (self-employed) shall be payable for –
(a)26 weeks to a person who has fewer than 260 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed, or
(b)39 weeks to a person who has not less than 260 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed.
(2)Where a person entitled to jobseeker’s benefit (self-employed) has exhausted their right to jobseeker’s benefit (self-employed), he or she shall requalify for that benefit when –
(a)he or she has qualifying contributions in respect of 52 self-employment contribution weeks since the last week for which he or she was entitled to that benefit, and
(b)a minimum of 12 months has elapsed since the last week for which he or she was entitled to that benefit.
(3)Any week where a person is entitled to payment shall be treated as a week of unemployment and any 2 such weeks not separated by a period of more than 26 weeks shall be treated as the same claim.
(4)For the purposes of this Chapter, where a person receives –
(a)jobseeker’s allowance in respect of any week of unemployment, within the meaning of section 141(3), or
(b)jobseeker’s benefit,
which includes any week in respect of which that person is entitled to jobseeker’s benefit (self-employed), that week shall be treated as though it were a week in respect of which jobseeker’s benefit (self-employed) was paid.
(5)For the purposes of this section –
(a)any period in respect of which a person is disqualified for receiving jobseeker’s benefit (self-employed) by virtue of section 68I or 68J shall be treated as though it were a period in respect of which jobseeker’s benefit (self-employed) was paid,
(b)where a person receives a payment in respect of a scheme administered by the Minister and known as the Short Term Enterprise Allowance Scheme in respect of any week of unemployment, which includes any day in respect of which that person is entitled to jobseeker’s benefit (self-employed), any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit (self-employed) was paid, and
(c)any day or days to which section 68E(3) apply will be added to the relevant periods specified in subsection (1) and the rate of payment in respect of each such day shall be one fifth of the applicable weekly rate.
(6)Notwithstanding subsection (2)(b), in the case of a person whose entitlement to jobseeker’s benefit (self-employed) exhausts on or after the day on which the person attains the age of 65, that person shall continue to be entitled to that benefit until he or she reaches pensionable age for any week of unemployment provided that the person –
(a)has paid 52 qualifying self-employment contributions in the governing contribution year, and
(b)has qualifying contributions in respect of not less than 156 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed.
(7)Where a person is in receipt of jobseeker’s benefit (self-employed) immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she –
(a)was born on or after 1 January 1958, and
(b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit (self-employed) after attaining pensionable age for any remaining period in which he or she is entitled to receive it.
(a)26 weeks to a person who has fewer than 260 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed, or
(b)39 weeks to a person who has not less than 260 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed.
68I.
Refusal or failure to attend activation meetings relating to jobseeker’s benefit (self-employed)
(1)Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s benefit (self-employed) requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3).
(2)Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s benefit (self-employed) payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 68E(2) or, as the case may be, paragraph (a), (b) or (c) of section 68F(2).
(3)A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person –
(a)attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or
(b)attend for or submit to an assessment of that person’s education, training or development needs.
(4)Where jobseeker’s benefit (self-employed) is paid to a person at the weekly rate set out in section 68E(2) or, as the case may be, paragraph (a), (b) or (c) of section 68F(2) on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.
(5)Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s benefit (self-employed) for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (6), not exceed 9 weeks.
(6)Nothing in this section shall prevent subsections (1) to (5) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5) –
(a)notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and
(b)that person continues, without good cause, to refuse or fail to comply with that requirement.
(7)A notice under this section shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.
68J.
Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s benefit (self-employed)
(1)Where –
(a)as a consequence of attendance for, or submission to, an assessment in accordance with section 68I(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in –
(i)any scheme or programme of employment or work experience, or
(ii)a course of education, training or development,
which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and
(b)that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be, the weekly rate of jobseeker’s benefit (self-employed) payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 68E(2) or, as the case may be, paragraph (a), (b) or (c) of section 68F(2).
(2)Where jobseeker’s benefit (self-employed) is paid to a person at the weekly rate set out in section 68E(2) or, as the case may be, paragraph (a), (b) or (c) of section 68F(2) on account of a refusal or failure referred to in subsection (1) –
(a)notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or
(b)a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in –
(i)any scheme or programme of employment or work experience, or
(ii)a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.
(3)Where a person refuses or fails, without good cause, to –
(a)comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or
(b)participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2) (b), that person shall be disqualified for receiving jobseeker’s benefit (self-employed) for any period of such refusal or failure commencing on –
(i)the date specified in the notice under subsection (2)(a), or
(ii)the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks.
(4)Nothing in this section shall prevent subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3) –
(a)notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2)(a), or
(b)a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), as the case may be, and that person continues, without good cause, to refuse or fail to –
(i)comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or
(ii)participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).
(5)A notice under this section shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.
68K.
Disqualifications
(1)A person shall be disqualified for receiving jobseeker’s benefit (self-employed) during any week in which he or she is employed under the schemes provided by the Minister and known as Community Employment or the Rural Social Scheme.
(2)A person shall not be entitled to receive jobseeker’s benefit (self-employed) while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.
(3)A person shall be disqualified for receiving jobseeker’s benefit (self-employed) for a period not exceeding 9 weeks where he or she has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of the sale or disposal of his or her self-employment business.
(4)In this section –
‘academic year’, ‘course of study’ and ‘institution of education’ have the meanings assigned to them by section 148.
(5)For the purposes of this section, a person shall be regarded, subject to regulations made under subsection (2), as attending a course of study –
(a)for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination of the Department of Education and Skills, whichever is the later,
(b)for the duration of an academic year, or
(c)for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following year.
Chapter 12B
Covid-19 pandemic unemployment payment (ss. 68L-68P)
68L.
Covid-19 pandemic unemployment payment
(1)Subject to this Act, a person shall be entitled to the Covid-19 pandemic unemployment payment in respect of any week where –
(a)the person has attained the age of 18 years and has not attained pensionable age,
(b)on or after 13 March 2020, the person was –
(ba)in relation to a person in respect of whom paragraph (b)(ii) applies, the person’s earnings from self-employment, calculated in accordance with regulations under section 68P, does not exceed €960 in relation to an eight week period,
(i)an employed contributor in the week immediately before he or she ceased to earn an income from the employment concerned and lost his or her employment as a direct consequence of Covid-19 (including the adverse effects of Covid-19 on the business of his or her employer and the adverse effects of measures required to be taken by his or her employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19), or
(ii)in insurable self-employment in the week immediately before the date on which he or she can demonstrate to the Minister that the reckonable income or reckonable emoluments ceased, or reduced, as a direct consequence of Covid-19 (including the adverse effects of Covid-19 on such self-employment and the adverse effects of measures required to be taken by him or her in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19), to the extent that he or she would be available to take up full-time employment,
(c)the person is not –
(i)an employed contributor whose employer is, or was, in receipt of the temporary wage subsidy, or
(ii)an employed contributor referred to in section 38C(1)(f) whose employer was, before the coming into operation of Part 7 of the Act of 2020, in receipt of a subsidy referred to in section 38C(1)(f),
(d)the person is not engaged in insurable employment,
(e)the person satisfies the contribution conditions in section 68M,
(f)he or she is capable of work,
(g)he or she is genuinely seeking, but is unable to obtain, employment suitable for him or her having regard to his or her age, physique, education, normal occupation, place of residence and family circumstances, and
(h)the person was not in receipt of the payment known as the pandemic unemployment payment paid under section 202 in respect of that week.
(2)Entitlement to the Covid-19 pandemic unemployment payment shall, having regard to the date referred to in subsection (1), take effect from the date on which the claimant was last in employment or self- employment referred to in subsection (1)(b).
(3)The conditions specified in subsection (1)(b)(i) will not be satisfied where a claimant –
(a)has lost the employment concerned through his or her own misconduct or has voluntarily left his or her employment,
(b)refuses an offer to return to the employment concerned,
(c)has refused an offer of suitable employment,
(d)has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment, or
(e)has failed or neglected to avail himself or herself of any offer of support from, or proposed by, the Minister to enable himself or herself to improve his or her prospects of obtaining employment.
(4)Subject to this Act, a person who was, immediately before the coming into operation of section 11 of the Social Welfare (Covid-19) (Amendment) Act 2020, in receipt of the payment known as the pandemic unemployment payment paid under section 202, shall, subject to this Chapter, be paid the Covid-19 pandemic unemployment payment.
(5)An employer or a self-employed contributor shall provide the Minister with such prescribed information for the purposes of determining entitlement to the Covid-19 pandemic unemployment payment.
68M.
Contribution conditions
The contribution conditions for the Covid-19 pandemic unemployment payment are that –
(a)in the case of a person referred to in section 68L(1)(b)(i), he or she has qualifying contributions in respect of not less than one contribution week in the 4 weeks immediately before claiming the Covid-19 pandemic unemployment payment, or
(b)in the case of a person referred to in section 68L(1)(b)(ii), he or she is a self-employed contributor.
68N.
Duration of Covid-19 pandemic unemployment payment
(1)The Covid-19 pandemic unemployment payment shall cease on a day as may be prescribed by the Minister under subsection (2).
(2)For the purposes of subsection (1), the Minister may, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters specified in subsection (3) make regulations –
(a)specifying a date on or after which an application for the Covid-19 pandemic unemployment payment shall not be made, and
(b)specifying a date on which the Covid-19 pandemic unemployment payments shall cease to be made.
(3)When making regulations under this section the Minister shall have regard to the following:
(a)the policies and objectives of the Government to mitigate the economic effects of the spread of the disease known as Covid-19 through the supports available to both individuals and businesses;
(b)the range of income support and in-work supports provided by the Government to protect and support the welfare of members of the public, including those affected by the adverse economic effects of the spread of the disease known as Covid-19;
(c)the need to ensure the long-term sustainability of the Social Insurance Fund;
(d)the need to ensure the most beneficial, effective and efficient use of resources.
68O.
Rate of payment
(1)The weekly rates of the Covid-19 pandemic unemployment payment shall be the amounts corresponding to the amounts set out in Part 6 of Schedule 2 or such weekly rates as may be prescribed in regulations under this section.
(2)For the purposes of subsection (1) –
(a)the manner in which the average reckonable weekly income of a claimant is calculated shall be prescribed in regulations under this section, and
(b)the Minister may make regulations providing for the manner in which the average reckonable weekly income of a claimant shall be calculated.
(3)Notwithstanding anything in this Act, the Minister may, with the consent of the Minister for Public Expenditure and Reform, by regulation increase or decrease the weekly rates referred to in subsection (1) and may provide that different rates of payment shall be payable in line with the provision of any such regulations.
(4)When making regulations under this section the Minister shall have regard to the following:
(a)the policies and objectives of the Government to mitigate the adverse economic effects of the spread of the disease known as Covid-19 through the supports available to both individuals and businesses;
(b)the need to ensure that the rates of payment complement the range of income supports, activation measures, in-work and business supports provided by the Government to assist the recovery and sustainability of employment;
(c)the need to ensure the most beneficial, effective and efficient use of resources.
68P.
Regulations for purposes of Chapter
(1)The Minister may, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters specified in subsection (2), make regulations for the purposes of giving full effect to this Chapter and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the foregoing –
(a)the matters referred to as prescribed in this Chapter,
(b)the manner in which entitlement to an increase in respect of a qualified adult paid with a benefit or assistance under this Act shall be treated where the qualified adult concerned has an entitlement in his or her own right to the Covid-19 pandemic unemployment payment,
(c)the manner in which entitlement to an increase in respect of a qualified child paid with a benefit or assistance under this Act shall be treated where the qualified child concerned has an entitlement in his or her own right to the Covid-19 pandemic unemployment payment,
(d)additional requirements in relation to the activation of persons in receipt of the Covid-19 pandemic unemployment payment as the Minister may consider appropriate,
(da)the manner in which the earnings, from self-employment, of a person in respect of whom section 68L(1)(b)(ii) applies shall be calculated, and
(e)such additional, incidental, consequential or supplementary matters as the Minister considers necessary or expedient for the purposes of giving effect to the relevant provisions.
(2)When making regulations under this section, the Minister shall have regard to the following:
(a)the potential impact of Covid-19 on the entitlements of employed contributors and self-employed contributors;
(b)the policies and objectives of the Government to protect the health and welfare of members of the public;
(c)the policies and objectives of the Government to mitigate the economic effects of Covid-19;
(d)the need to ensure the most beneficial, effective and efficient use of resources.