Jobseekers Pay-Related
Introduction
Social Welfare (Miscellaneous Provisions) Act 2024 provides for amendments to the entitlement rules for Jobseeker’s Benefit required subsequent to the introduction of Jobseeker’s Pay-Related Benefit. The  Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make regulations to provide for the closure of the Jobseeker’s Benefit scheme and the cessation of payments made under that scheme to persons who become eligible for Jobseeker’s Pay-Related Benefit support as it becomes available.
In making regulations , the Minister(s) will take into consideration factors including the person’s age, type, nature, duration and pattern of employment, the nature of the employer, typical employment patterns in the sector the person is normally employed, the extent to which a person has lost earnings/ income, their level of employment, prior benefit and the reason for the unemployment.
Social Welfare (Miscellaneous Provisions) Act 2024 makes a consequential amendment to section 67 of the Social Welfare Consolidation Act 2005 to provide that where a person receives a full week of Jobseeker’s Pay-Related Benefit, that week shall be treated as though it were six days in respect of which Jobseeker’s Benefit was paid.
The cost of the new Jobseeker’s Pay-Related Benefit will be paid by the Social Insurance Fund and funded by contributors through PRSI.
Jobseeker’s Pay-Related Benefit
Social Welfare (Miscellaneous Provisions) Act 2024 sets out the key conditions for entitlement to Jobseeker’s Pay-Related Benefit, including that the person is under pension age, meets the required PRSI conditionality as set out and is considered unemployed for the purposes of the scheme. Regulations may provide that the entitlement rules will include a requirement to have sustained a substantial loss of employment which would be applicable should atypical workers be included in the scheme at a future date.
The benefit will be available to newly unemployed persons who have lost their employment from the date on which regulations covering who is eligible for the Jobseeker’s Pay-Related Benefit are introduced or such later date as may be prescribed by the Minister.
The Social Welfare (Miscellaneous Provisions) Act 2024 follows the same form and substance as the existing legislation with respect to standard Jobseeker’s Benefit with the inclusion that the qualifying age is extended to age 70 to reflect the introduction (with effect from 1st January 2024) of the option for a person to defer accessing the State Pension (Contributory) until age 70.
There are  the requirements to be unemployed, to prove unemployment and be capable of and available for work and to be genuinely seeking work and is line with existing jobseeker’s provisions. It also allows the Minister to provide that persons who engage in particular types of work, to include casual work, will not be considered unemployed for the purposes of this Chapter.
Payment of a week of Jobseeker’s Pay-Related Benefit shall be counted as though it were six days. Where the Minister prescribes for payment of the benefit for a period less than a week, the number of days may be calculated accordingly.
Regulations
Social Welfare (Miscellaneous Provisions) Act 2024 provides the powers for the Minister of Social Protection, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, to make regulations for the purposes of Jobseeker’s Pay-Related Benefit.and sets out the policies and principles that the Minister(s) will have regard to when doing so.
The Minister(s) shall determine the circumstances in which persons are considered to be unemployed, employed or in casual employment for the purposes of Jobseeker’s Pay-Related Benefit.
The Minister(s) will also determine the circumstances in which a person is considered to have experienced substantial loss of employment and circumstances under which casual employment could be considered for the purposes of being eligible for Jobseeker’s Pay-Related Benefit.
Similar to the existing legislation with respect to standard Jobseeker’s Benefit, the polices and principles considered when determining a person’s availability for work and their efforts to genuinely seek work are set out for the purposes of this benefit. This includes the person’s previous work experience, the period of unemployment and the prevailing employment conditions.
As part of the flexibility to include atypical workers in the scheme, the Minster(s) will have the power to prescribe that periods of less than a full week of unemployment can be considered for the purposes of the scheme.
The factors that the Minister(s) will take into consideration in making these determinations include the person’s age, type, nature, duration and pattern of employment, the nature of the employer, the typical employment patterns in the sector the person is normally employed, the extent to which the person has lost earnings/income or their level of employment, and the reason for the unemployment.
Conditions for receipt
Social Welfare (Miscellaneous Provisions) Act 2024 defines the PRSI contributions required for the purpose of qualifying for payment of Jobseeker’s Pay-Related Benefit, as follows –
- at least 104 employment contributions or optional contributions (optional contributions are P class contributions paid by share fishers in addition to their self-employed contributions) in the period between the person’s entry into insurance and the beginning of the first week for which they are claiming benefit,
- at least 4 employment contribution in the 10 weeks immediately prior to the date the application for benefit is made, and
- at least 26 employment contributions in the 52 weeks immediately prior to the first week for which they are claiming benefit.
The Minister will also have the power to modify these requirements by regulation. Regulations made under these powers will deal with matters such as persons moving from other social welfare payments including Maternity Benefit or Illness Benefit and who could not meet the stated requirements. Regulations made under this provision will be required to be laid before each House of the Oireachtas and require a resolution.
Rate of Benefit
Social Welfare (Miscellaneous Provisions) Act 2024 sets out how the amount of Jobseeker’s Pay-Related benefit is to be calculated, and the maximum and minimum amounts that will apply.
The weekly rate of payment for people who have at least 260 paid PRSI contributions will be set at 60% of previous reckonable earnings subject to a maximum of €450 for weeks 1 to 13. After that, the rate will taper to 55% of earnings subject to a maximum of €375 for weeks 14 to A further 13 weeks (27 to 39) will be paid at the rate of 50% up to a maximum €300 payment.
For persons who have fewer than 260 paid PRSI contributions, the rate will be set at 50% of previous earnings subject to a maximum of €300 per week. A minimum weekly payment of €125 will apply.
There are  reduced rates of payment shall apply if a person does not engage with activation requirements set out. In such circumstances, a claimant will receive 80% of their entitlement.
Reckonable weekly earnings used for the assessment of the rate will be based on the person’s reckonable earnings in the 52-week period ending eight weeks before the first date of unemployment and divided by the total number of qualifying contributions in that 52-week period. The normal rounding rules applicable to social welfare schemes shall also apply to Jobseeker’s Pay-Related Benefit.
Rates Regulations
There are regulation-making powers for the Minister of Social Protection with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, to provide flexibility to adjust the rates and the manner in which the rates are calculated, subject to the weekly amounts not exceeding or falling below that outlined above. This will be used to provide for atypical employment should Government decide to extend the scheme to persons who are not fully unemployed or are considered unemployed for the purposes of the scheme.
Similarly, the regulations may vary the rates or method of calculation for persons who were previously in receipt of another social welfare scheme, in order to protect persons moving to or from payments. In making such regulations, the Minister(s) shall have regard to a number of factors including the person’s age, type, nature, duration and pattern of employment, the nature of the employer, typical employment patterns in the sector the person is normally employed, the extent to which the person has lost earnings/ income or their level of employment, and the cost to the Exchequer.
Duration of Payment
Social Welfare (Miscellaneous Provisions) Act 2024 sets out the duration for which the benefit shall be paid, depending on a person’s reckonable PRSI contributions. A claim for Jobseeker’s Pay-Related Benefit will commence from the first full week in which the person is unemployed. The benefit will be paid for up to 39 weeks (in the case of a person with 260 or more PRSI contributions) or 26 weeks (for a person with fewer than 260 PRSI contributions).
Similar to existing jobseeker provisions, time spent on other jobseeker payments shall count as if it were time spent on Jobseeker’s Pay-Related Benefit. Only claims that commenced on or after the commencement of the new scheme shall be counted.
There is provision for  breaks in claims as set out in regulations. This will facilitate a person to take up short durations of employment and resume their entitlement.
The Minister has the power to prescribe shorter periods of duration in the case of persons who pay optional contributions, as is the case under Jobseeker’s Benefit, or in the case of other categories of persons having regard to the type and nature of their employment.
Any period in which a person is disqualified from receiving Jobseeker’s Pay-Related Benefit under section 68KI shall be treated as if they received benefit during that period.
A person who is in receipt of Jobseeker’s Pay-Related Benefit on turning age 65 may continue to receive payment until their 66th birthday, provided they meet the required conditions.
Cessation
The Social Welfare (Miscellaneous Provisions) Act 2024 also provides that the payment will cease at pension age unless advised by a person who has deferred their State Pension (Contributory). Where a person returns to employment or closes their claim, they will be entitled to payment for that week.
Requalification
There are  requalification requirements for the scheme, whereby a person must satisfy the PRSI contributions and other qualifying conditions. The requirement provides that the overall entitlement to the benefit will be limited within a period to be prescribed by the Minister of Social Protection, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, which cannot exceed 104 weeks, unless a minimum period, also to be prescribed by the Minister(s), has elapsed
. Payment of other jobseeker payments during the specified period will be taken into account.
Activation
Refusal or failure to attend activation meetings relating to Jobseeker’s Pay-Related Benefit
Social Welfare (Miscellaneous Provisions) Act 2024s contains provisions in relation to requirements to engage with activation under the Jobseeker’s Pay-Related Benefit scheme. The provision replicates that in place for Jobseeker’s Benefit, Jobseeker’s Benefit (Self-Employed) and Jobseeker’s Allowance and applies it to Jobseeker’s Pay-Related Benefit.
Refusal or failure to participate in prescribed schemes, programmes or course relating to Jobseeker’s Pay-Related Benefit
Social Welfare (Miscellaneous Provisions) Act 2024 contains provisions in relation to requirements to participate in prescribed schemes, programmes or courses under the Jobseeker’s Pay-Related Benefit scheme. The provision replicates that in place for Jobseeker’s Benefit, Jobseeker’s Benefit (Self-Employed) and Jobseeker’s Allowance and applies it to Jobseeker’s Pay-Related Benefit.
Disqualifications
Social Welfare (Miscellaneous Provisions) Act 2024 provides for scheme disqualifications for issues such as voluntarily leaving employment, misconduct, refusing suitable employment and stoppage of work under the Jobseeker’s Pay-Related Benefit scheme.
Jobseeker’s Pay-Related Benefit – disqualification for course of study ; Social Welfare (Miscellaneous Provisions) Act 2024 provides for scheme disqualifications for engagement in education.
Amendments consequential to Part 3
Social Welfare (Miscellaneous Provisions) Act 2024 contains a number of consequential amendments elsewhere in the Social Welfare Consolidation Act 2005 that arise as a result of the introduction of the Jobseeker’s Pay-Related Benefit.
These include regulations requiring the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform are being included in the  Social Welfare Consolidation Act 2005. Regulations to amend the contribution conditions will be required to be laid before each House of the Oireachtas and require a resolution as set out in this section.
The amendments also provide for the treatment of Jobseeker’s Pay- Related Benefit as means for the purposes of assessing a spouse/partner’s Jobseeker’s Allowance and Farm Assist schemes, in line with that in place for any other means assessed under those schemes.
Miscellaneous
Social Welfare (Miscellaneous Provisions) Act 2024 amends Section 126 of the Taxes Consolidation Act 1997 as amended to include Jobseeker’s Pay-Related Benefit as a taxable benefit.
Social Welfare (Miscellaneous Provisions) Act 2024 allows the Criminal Assets Bureau to seize social welfare overpayments following the conclusion of an investigation by CAB.
Social Welfare (Miscellaneous Provisions) Act 2024 amends the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. There is an  interface between the post-2012 Single Public Service Pension Scheme with some of the more recent family benefits – paternity benefit and parents’ benefit.