{"id":19844,"date":"2022-10-31T21:11:35","date_gmt":"2022-10-31T21:11:35","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19844"},"modified":"2024-04-08T18:17:46","modified_gmt":"2024-04-08T18:17:46","slug":"jobseekers-allowance","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/jobseekers-allowance\/","title":{"rendered":"Jobseekers Allowance"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Overview\" title=\"Overview\">Overview<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Conditions\" title=\"Conditions\">Conditions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Means_Test\" title=\"Means Test\">Means Test<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Reduced_Rates\" title=\"Reduced Rates\">Reduced Rates<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Disqualification\" title=\"Disqualification\">Disqualification<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Pre-Retirement_Allowance\" title=\"Pre-Retirement Allowance\">Pre-Retirement Allowance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Financial_Crisis_Reforms\" title=\"Financial Crisis Reforms\">Financial Crisis Reforms<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Reduced_Rates-2\" title=\"Reduced Rates\">Reduced Rates<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/#Developments\" title=\"Developments\">Developments<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#SWCA_2005\" title=\"SWCA 2005\">SWCA 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Unemployment_Assistance_ss_140-148A\" title=\"Unemployment Assistance (ss. 140-148A)\">Unemployment Assistance (ss. 140-148A)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Entitlement_to_assistance\" title=\"Entitlement to assistance.\">Entitlement to assistance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Refusal_or_failure_to_attend_activation_meetings_relating_to_jobseekers_allowance\" title=\"Refusal or failure to attend activation meetings relating to jobseeker&#8217;s allowance.\">Refusal or failure to attend activation meetings relating to jobseeker&#8217;s allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Refusal_or_failure_to_participate_in_prescribed_schemes_programmes_or_courses_relating_to_jobseekers_allowance\" title=\"Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker&#8217;s allowance.\">Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker&#8217;s allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Giving_of_notice_under_section_141A_or_141B\" title=\"Giving of notice under section 141A or 141B.\">Giving of notice under section 141A or 141B.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Rates_of_allowance_and_effect_of_means_on_rates\" title=\"Rates of allowance and effect of means on rates.\">Rates of allowance and effect of means on rates.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Rates_of_assistance_ages_18_and_19_years\" title=\"Rates of assistance ages 18 and 19 years.\">Rates of assistance ages 18 and 19 years.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Regulations\" title=\"Regulations.\">Regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Total_amount_payable_to_a_couple\" title=\"Total amount payable to a couple.\">Total amount payable to a couple.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Certain_claims\" title=\"Certain claims.\">Certain claims.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Amount_of_increases_payable_in_respect_of_qualified_child_in_certain_cases\" title=\"Amount of increases payable in respect of qualified child in certain cases.\">Amount of increases payable in respect of qualified child in certain cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Disqualifications\" title=\"Disqualifications.\">Disqualifications.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Disqualifications_%E2%80%93_attending_a_course_of_study\" title=\"Disqualifications &#8211; attending a course of study.\">Disqualifications &#8211; attending a course of study.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Entitlement_to_jobseekers_allowance_in_certain_circumstances\" title=\"Entitlement to jobseeker&#8217;s allowance in certain circumstances.\">Entitlement to jobseeker&#8217;s allowance in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Pre-Retirement_Allowance_ss_149-151\" title=\"Pre-Retirement Allowance (ss. 149-151)\">Pre-Retirement Allowance (ss. 149-151)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Entitlement_to_allowance\" title=\"Entitlement to allowance.\">Entitlement to allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Rate_of_allowance_including_increases_for_qualified_adult_and_qualified_children\" title=\"Rate of allowance (including increases for qualified adult and qualified children).\">Rate of allowance (including increases for qualified adult and qualified children).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/jobseekers-allowance\/2\/#Regulations-2\" title=\"Regulations.\">Regulations.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Overview\"><\/span>Overview<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Jobseeker\u2019s Allowance \u00a0is the means tested payment in respect of unemployment.\u00a0 Many of the tests are similar to those set out above in respect of the Jobseeker\u2019s Benefit.<\/p>\n<p>The entitlement to Jobseeker\u2019s Allowance applies to a day of unemployment, which forms part of a period of interruption of employment.\u00a0 The person must be between the age of 18 and 66 years.\u00a0 He must prove unemployment in the manner prescribed.\u00a0 He must satisfy a means test.<\/p>\n<p>A person who is entitled to both Jobseeker\u2019s Benefit and Jobseeker\u2019s Allowance may opt for either.\u00a0 This may be beneficial as associated secondary benefits are potentially available for one but not the other.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conditions\"><\/span>Conditions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The conditions are broadly similar to those for jobseekers&#8217; benefit.\u00a0 The principal difference is that the requirement to satisfy a means test.\u00a0 The applicant must be available for work and genuinely seeking employment.<\/p>\n<p>The disqualifications applicable to Jobseeker\u2019s Benefit apply in almost identical terms. A person does not qualify for the first three days of unemployment.<\/p>\n<p>Periods of continuous employment under community employment scheme and certain training and employment schemes up to 52 weeks or \u00a0entitlement of preretirement allowance between two periods of employment is disregarded &#8220;in treating them as one continuous period of employment&#8221;<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Means_Test\"><\/span>Means Test<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Jobseeker\u2019s Allowance \u00a0means test is dealt with separately.\u00a0 It differs from some of the longer-term benefits means tests. The means test includes actual mean as well as the following<\/p>\n<ul>\n<li>assets owned by the person and his\/ her spouse including personally used or enjoyed property<\/li>\n<li>income that the person might be reasonably expected to receive in the coming period.<\/li>\n<li>the value of advantage to the person or spouse on the use of property other than domestic dwelling house or farm building owned and occupied<\/li>\n<li>furniture and personal effect personally used by the person or spouse<\/li>\n<li>the value of releasing a farmland<\/li>\n<li>assets that the person or spouse has deprived himself of in order to qualify for the allowance<\/li>\n<li>the value of benefits and privileges enjoyed by the person or spouse including the estimated value of household income earned by the spouse from income or self-employment<\/li>\n<\/ul>\n<p>The allowance is payable at flat rate with increases for qualifying adults and qualifying children.\u00a0 Each member of a couple may receive the allowance, but the amount payable is limited to what would be the case if the couple was treated as one claimant and one qualified adult.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reduced_Rates\"><\/span>Reduced Rates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2009 Social Welfare Act provided for a reduced rate of allowance, jobseeker\u2019s allowance for persons below 25 years. There are reduced rates for persons who are 18 to 21 years and 22 to 25 years. The latter are not entitled to an increase for qualified child. It does not apply to persons who previously received one-parent family benefits or carer\u2019s allowance.<\/p>\n<p>The reduced rates do not apply to persons who have used Jobseeker\u2019s Benefit credits prior to claiming the allowance. It does not apply to persons in receipt of disability allowance before a claim, persons who are for at least 12 months prior to reaching the age 18 in the care of the HSE or under a voluntary care arrangement or accommodation arrangement under child care legislation.<\/p>\n<p>Certain limited secondary benefits apply to persons with long term Jobseeker\u2019s Allowance.\u00a0 There is no time limit for payment while the person continues to qualify.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disqualification\"><\/span>Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may be disqualified on much of the same grounds as in relation to jobseekers&#8217; benefit.\u00a0 These include<\/p>\n<ul>\n<li>while being in prison \/ inmate in a prison or institution maintained out of public funds<\/li>\n<li>while employed in community employment or rural social schemes<\/li>\n<\/ul>\n<p>The same provisions \u00a0that apply in relation to trade disputes apply in relation to Jobseeker\u2019s Allowance .\u00a0 The same principles regarding residence within the state and temporary non-residence apply.<\/p>\n<p>A person does not qualify while undertaking a course of study.\u00a0 There are limited exception.\u00a0 The course of study means a fulltime day course of study, instruction or training at an institute of education.\u00a0 This covers colleges, universities, schools, institutes of higher education and most other educational institutions.<\/p>\n<p>A person is deemed to be attending a course of study<\/p>\n<ul>\n<li>for three months after completion of second level education or the Leaving Cert or<\/li>\n<li>for the duration of an academic year including term vacations or<\/li>\n<li>for the period after completion of and academic year other than final year.<\/li>\n<\/ul>\n<p>The provision does not apply to mature students and certain others on specific scheme. The purpose is to ensure that students do not qualify during the summer holidays.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pre-Retirement_Allowance\"><\/span>Pre-Retirement Allowance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Pre-Retirement Allowance is equivalent to Jobseeker\u2019s Allowance .\u00a0 It is available to long term unemployed persons and certain other categories with long term claims.\u00a0 They need not be available for work or genuinely seeking work.\u00a0 In effect, they must be retired.\u00a0 Persons who ceased to be lone parents or carers may also transfer to pre-retirement allowance.\u00a0The scheme is not available to persons after July 2007.<\/p>\n<p>The conditions for Pre-Retirement allowance is that the person has attained the age specified now 55 and is less than the pensionable age of 66.\u00a0 He must satisfy a means test. \u00a0\u00a0He \u00a0must be<\/p>\n<ul>\n<li>in receipt of Jobseeker\u2019s Allowance \u00a0for at least 390 days<\/li>\n<li>separated or divorced and not engaged in remunerative employment or self-employment in any period in a prescribed preceding period<\/li>\n<li>immediately before the time of the \u00a0claim be in receipt of one family payment, but have ceased to be entitled to such payment by reason of no longer being deemed a qualified parent or<\/li>\n<li>having been entitled to carers allowance or ceased to be entitled to such allowance because he is no longer a carer.<\/li>\n<\/ul>\n<p>The period during which a person does not engage in insurable employment or self-employment is deemed a period of retirement. The means test is broadly similar to that for Jobseeker\u2019s Allowance .\u00a0 If the spouse is not a qualified adult, his or her means are taken account of as to 50 percent.<\/p>\n<p>A flat rate applies for qualified adults and qualified children.\u00a0 If both members of a couple would qualify, the amount is limited to that which would apply to a claimant and qualifies adults.\u00a0 Similar limited secondary benefits are available.\u00a0 The disqualification conditions are broadly similar.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Crisis_Reforms\"><\/span>Financial Crisis Reforms<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2010 Act \u00a0clarifies the calculation of entitlement to Jobseeker\u2019s Allowance where weekly means comprise earnings from insurable employment. In determining a week of unemployment (3 days of unemployment consecutive or not in any 6 consecutive days), the practice is to include a day only once in any computation where that day is part of a week of unemployment in respect of which Jobseeker\u2019s Allowance is paid.<\/p>\n<p>The 2010 Act \u00a0provides for a reduced rate of Jobseeker\u2019s Allowance and Supplementary Welfare Allowance for claimants who refuse to participate in an appropriate course of training or to participate in a programme under the National Employment Action Plan.<\/p>\n<p>The 2010 Act provides for the payment of a reduced rate of Jobseeker\u2019s Allowance or Supplementary Welfare Allowance where the person refuses to participate in an appropriate course of training or to participate in a programme under the National Employment Action Plan.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reduced_Rates-2\"><\/span>Reduced Rates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A reduction of \u20ac46 per week was\u00a0 provided for those over 24 years of age with reductions of \u20ac35 per week for those aged 22 to 24 and \u20ac25 per week for those aged 18 to 21. There is a specific disqualification for receipt of Jobseeker\u2019s Allowance where the person refuses an offer of suitable employment.\u00a0There is a reduced rate of Jobseeker\u2019s Allowance is payable in the case of 18 to 21 year olds.<\/p>\n<p><em>\u00a0<\/em>The 2013 Act provided for the amendment of the rates of Jobseeker\u2019s Allowance payable to certain claimants aged under 26 years. A reduced weekly rate of \u20ac100\u00a0 applied to 18 to 21 year olds and a reduced rate of \u20ac144 applied to 22 to 24 year olds, in both cases where the claimant did not have children.<\/p>\n<p>The 2013 Act provided that the reduced weekly rate of \u20ac100 would continue to apply to existing claimants aged between 18 and 21 years until they reach 25 years and will also apply to new claimants aged between 22 and 24 years.<\/p>\n<p>The 2013 Act provided that the reduced weekly rate of \u20ac144 will continue to apply to existing claimants aged between 22 and 24 years when they reach 25 years and will apply to new claimants who are aged 25 years. In addition, these lower rates of Jobseeker\u2019s Allowance\u00a0 applied to claimants aged 25 and under who have exhausted their entitlement to Jobseeker\u2019s Benefit. Claimants who had children were unaffected by these measures, which\u00a0 applied from 14 January 2014.<\/p>\n<p>The 2019 Act\u00a0 provided that the reduced rate of Jobseeker\u2019s Allowance for claimants aged 18 to 24 would \u00a0no longer apply where the claimant lives independently and is in receipt of housing supports. The full rate of Jobseeker\u2019s Allowance will be paid to these persons with effect from 1 January 2020.<\/p>\n<p>The 2019 Act\u00a0 provides that, from 1 January 2020, the age-related reduced rate of Jobseeker\u2019s Allowance will no longer apply to younger claimants once they have attained the age of 25.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Developments\"><\/span>Developments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2014 Act\u00a0 provides that increases in jobseeker\u2019s allowance, preretirement allowance, supplementary welfare allowance, disability allowance or farm assist in respect of the qualified adult of the recipient will not be payable for any period during which that qualified adult is\u2014 (a) resident, whether temporarily or permanently, outside the State, or (b) in prison or otherwise detained in legal custody.<\/p>\n<p>The 2015 Act\u00a0 amended the qualifying conditions applying to the Jobseeker\u2019s Allowance transitional arrangements. Under these transitional arrangements, certain former recipients of the One Parent Family Payment were exempt from a number of the conditions applying to the Jobseeker\u2019s Allowance scheme, such as the requirement to be available for and genuinely seeking full-time employment, up until their youngest child reaches 14 years of age.<\/p>\n<p>Eligibility for the Jobseeker\u2019s Allowance transitional arrangements was extended to all lone parents where their youngest child is between the ages of 7 and 13 years, whether or not that person has previously been in receipt of the One-Parent Family Payment. A person who becomes a lone parent for the first time and whose youngest child is aged between 7 and 13 years, is eligible to apply for Jobseeker\u2019s Allowance under the transitional arrangements.<\/p>\n<p>The 2015 Act\u00a0 defines the term \u2018\u2018day of unemployment\u2019\u2019 for the purposes of qualification for Jobseeker\u2019s Benefit and Jobseeker\u2019s Allowance, including the Jobseeker\u2019s Allowance transitional arrangements for former recipients of One-Parent Family Payment.<\/p>\n<p>The 2018 Act extended the existing provisions to ensure that a person who was in the care of the State on attaining the age of 18 is not subject to age-related reduced-rate payments of Jobseeker\u2019s Allowance.<\/p>\n<p><!--nextpage--><\/p>\n<h2>SWCA 2005<\/h2>\n<p>&nbsp;<\/p>\n<p>Chapter 2<\/p>\n<h4>Unemployment Assistance (ss. 140-148A)<\/h4>\n<p>140.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)In this Chapter &#8211;<\/p>\n<p>&#8220;beneficiary&#8221; means a person entitled to jobseeker\u2019s allowance;<\/p>\n<p>&#8220;weekly means&#8221;, subject to subsection (2) and Rule 1(1), (5), (6) or (7), as the case may be, of Part 2 of Schedule 3 shall be the yearly means divided by 52 but the amount so calculated shall be rounded up to the nearest \u20ac1 where it is a multiple of 50 cent but not also a multiple of \u20ac1 and shall be rounded to the nearest \u20ac1 where it is not a multiple of 50 cent or \u20ac1.<\/p>\n<p>(2)In this Chapter references to means shall be read as references to means as calculated in accordance with the Rules contained in Part 2 of Schedule 3.<\/p>\n<p>(3)Where, immediately before 29 July 1992, a person was entitled to or in receipt of jobseeker\u2019s allowance, any decision by a deciding officer or an appeals officer in relation to the means of that person for the purposes of that person qualifying for a qualification certificate is deemed to be a decision under section 141 (1) (c).<\/p>\n<p>141.<\/p>\n<h4>Entitlement to assistance.<\/h4>\n<p>(1)Subject to this Act, a person shall be entitled to jobseeker\u2019s allowance in respect of any week of unemployment where &#8211;<\/p>\n<p>(a)the person has attained the age of 18 years and has not attained pensionable age,<\/p>\n<p>(b)the person proves unemployment in the prescribed manner, and<\/p>\n<p>(c)the person&#8217;s weekly means, subject to subsection (2)(d), do not exceed the amount of jobseeker\u2019s allowance (including any increases of jobseeker\u2019s allowance) that would be payable to the person under this Chapter if that person had no means.<\/p>\n<p>(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.<\/p>\n<p>(2)<\/p>\n<p>(a)Otherwise than as provided for in regulations, a person shall not be entitled to jobseeker\u2019s allowance in respect of the first 3 days of unemployment in any continuous period of unemployment.<\/p>\n<p>(b)For the purpose of this section, any period before the relevant date of application for jobseeker\u2019s allowance shall not be reckoned as, or as part of, a continuous period of unemployment.<\/p>\n<p>(c)Any period during which a person is disqualified for receiving jobseeker\u2019s allowance shall not be reckoned in the computation of any continuous period of unemployment of that person.<\/p>\n<p>(ca)Where the spouse of a claimant for jobseeker&#8217;s allowance is a spouse, civil partner or cohabitant referred to in Part 6, and is in receipt of a payment under Part 6, the means of the claimant shall be taken to be one-half the means.<\/p>\n<p>(d)Subject to paragraph (e), where the spouse of a claimant for jobseeker&#8217;s allowance is a spouse, civil partner or cohabitant referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), the means of the claimant shall be taken to be one-half the means.<\/p>\n<p>(e)Notwithstanding paragraph (d), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of jobseeker&#8217;s allowance in respect of any day of unemployment and the spouse of the claimant for jobseeker&#8217;s allowance is not the claimant&#8217;s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with paragraph (d), whichever is the more favourable.<\/p>\n<p>(f)Where the means of a claimant are calculated at any time in accordance with paragraph (e) and are subsequently calculated in accordance with paragraph (d), paragraph (e) shall no longer apply to the claimant.<\/p>\n<p>(g)Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with paragraph (e) ceases to be entitled to or in receipt of jobseeker&#8217;s allowance, paragraph (d) shall apply to any subsequent claims.<\/p>\n<p>(3)Subject to subsection (3A), in this Chapter, any 4 days of unemployment, whether consecutive or not, within a period of 7 consecutive days shall be treated as a week of unemployment and any 2 such weeks not separated by more than 52 weeks shall be treated as one continuous period of unemployment, and references in this Chapter to being continuously unemployed or to continuous unemployment shall be read accordingly.<\/p>\n<p>(3A)For the purposes of this section &#8211;<\/p>\n<p>(a)jobseeker\u2019s allowance shall be paid for the payment week in which the last day of unemployment, which forms a week of unemployment, falls,<\/p>\n<p>(b)where in any payment week jobseeker\u2019s allowance is payable in respect of a week of unemployment &#8211;<\/p>\n<p>(i)any day of unemployment which forms part of such week of unemployment, but which does not fall within that payment week, and<\/p>\n<p>(ii)any other day of unemployment occurring in that payment week,<\/p>\n<p>shall not be taken into account in establishing any other week of unemployment, and<\/p>\n<p>(c)where, in any payment week, jobseeker\u2019s allowance is payable in respect of a week of unemployment, the weekly means of that person derived from employment (other than employment as a retained fire fighter) under a contract of service, shall be determined by reference to the number of days worked in that payment week.<\/p>\n<p>(3B)Notwithstanding subsection (3), for the purposes of payment of jobseeker\u2019s allowance, in subsection (3A), \u2018payment week\u2019 shall be construed as a 6 day week commencing on the Wednesday of one week and ending on the Tuesday of the following week.<\/p>\n<p>(3C)For the purposes of section 67(8), where in any week of unemployment a person is entitled to jobseeker&#8217;s allowance &#8211;<\/p>\n<p>(a)in respect of 7 days of unemployment, the number of days of unemployment in respect of which jobseeker&#8217;s allowance shall be treated as though it were a day in respect of which jobseeker&#8217;s benefit was paid shall be 6, and<\/p>\n<p>(b)in respect of less than 7 days of unemployment, the number of days of unemployment in respect of which jobseeker&#8217;s allowance shall be treated as though it were a day in respect of which jobseeker&#8217;s benefit was paid shall be 6, reduced by the number of days in that payment week which are not days which form part of a continuous period of unemployment.<\/p>\n<p>(4)For the purposes of this Chapter, a day shall not be treated in relation to any person as a day of unemployment unless on that day, the person &#8211;<\/p>\n<p>(a)is capable of work,<\/p>\n<p>(b)is, or by reason of the person\u2019s participation in an activity prescribed for the purposes of this subsection and subject to any conditions that may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and<\/p>\n<p>(c)is genuinely seeking, but is unable to obtain, suitable employment having regard to the person&#8217;s age, physique, education, normal occupation, place of residence and family circumstances.<\/p>\n<p>(d)[deleted]<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)Notwithstanding subsection (3), any period of continuous &#8211;<\/p>\n<p>(a)employment under a scheme provided by the Minister and known as Community Employment,<\/p>\n<p>(b)employment under a scheme provided by the Minister and known as the Rural Social Scheme,<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)[deleted]<\/p>\n<p>(e)attendance at an approved course of training,<\/p>\n<p>(f)participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative,<\/p>\n<p>(g)participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,<\/p>\n<p>(h)participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,<\/p>\n<p>(i)participation in, employment under or attendance at a prescribed scheme or course, or<\/p>\n<p>(j)receipt of or entitlement to pre-retirement allowance,<\/p>\n<p>shall be disregarded in treating, under subsection (3), any 2 continuous periods of unemployment not separated by more than 52 weeks as one continuous period of unemployment.<\/p>\n<p>(7)Regulations may make provision as to the days which are or are not to be treated for the purposes of jobseeker\u2019s allowance as days of unemployment.<\/p>\n<p>(8)Subsection (2)(a) shall not apply in relation to the payment of jobseeker\u2019s allowance to a person who ceased, not earlier than 52 weeks before the day in respect of which his or her application for jobseeker\u2019s allowance is made, to be entitled to jobseeker\u2019s benefit or jobseeker\u2019s benefit (self-employed) &#8211;<\/p>\n<p>(a)by reason of having, by virtue of section 67 or 68H, exhausted his or her entitlement to that benefit, or<\/p>\n<p>(b)where the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition in section 64(1)(b) or 68D(1)(b).<\/p>\n<p>(9)A person shall not be entitled to jobseeker\u2019s allowance under this section unless he or she is habitually resident in the State.<\/p>\n<p>141A.<\/p>\n<h4>Refusal or failure to attend activation meetings relating to jobseeker&#8217;s allowance.<\/h4>\n<p>(1)Notice may be given by or on behalf of the Minister to any person receiving jobseeker\u2019s allowance requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3).<\/p>\n<p>(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\u2019s allowance 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 142(1A) or, as the case may be, section 142A(1A).<\/p>\n<p>(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 &#8211;<\/p>\n<p>(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<\/p>\n<p>(b)attend for or submit to an assessment of that person\u2019s education, training or development needs.<\/p>\n<p>(4)Where jobseeker\u2019s allowance is paid to a person at the weekly rate set out in section 142(1A) or, as the case may be, section 142A(1A) 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.<\/p>\n<p>(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\u2019s allowance 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.<\/p>\n<p>(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) &#8211;<\/p>\n<p>(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<\/p>\n<p>(b)that person continues, without good cause, to refuse or fail to comply with that requirement.<\/p>\n<p>(7)Where, on the commencement of section 13 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker\u2019s allowance is being paid to a person at the weekly rate set out in section 142(1A) or, as the case may be, section 142A(1A) for a period of not less than 21 days &#8211;<\/p>\n<p>(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<\/p>\n<p>(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) of this subsection, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>141B.<\/p>\n<h4>Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker&#8217;s allowance.<\/h4>\n<p>(1)Where &#8211;<\/p>\n<p>(a)as a consequence of attendance for or submission to an assessment in accordance with section 141A(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 &#8211;<\/p>\n<p>(i)any scheme or programme of employment or work experience, or<\/p>\n<p>(ii)a course of education, training or development,<\/p>\n<p>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<\/p>\n<p>(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,<\/p>\n<p>the weekly rate of jobseeker&#8217;s allowance 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 142(1A) or, as the case may be, section 142A(1A).<\/p>\n<p>(2)Where jobseeker&#8217;s allowance is paid to a person at the weekly rate set out in section 142(1A) or, as the case may be, section 142A(1A) on account of a refusal or failure referred to in subsection (1) &#8211;<\/p>\n<p>(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&#8217;s education, training or development needs, or<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)any scheme or programme of employment or work experience, or<\/p>\n<p>(ii)a course of education, training or development,<\/p>\n<p>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.<\/p>\n<p>(3)Where a person refuses or fails, without good cause, to &#8211;<\/p>\n<p>(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<\/p>\n<p>(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),<\/p>\n<p>that person shall be disqualified for receiving jobseeker&#8217;s allowance for any period of such refusal or failure commencing on &#8211;<\/p>\n<p>(i)the date specified in the notice under subsection (2)(a), or<\/p>\n<p>(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),<\/p>\n<p>as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks.<\/p>\n<p>(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) &#8211;<\/p>\n<p>(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<\/p>\n<p>(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),<\/p>\n<p>as the case may be, and that person continues, without good cause, to refuse or fail to &#8211;<\/p>\n<p>(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<\/p>\n<p>(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).<\/p>\n<p>&nbsp;<\/p>\n<p>141C.<\/p>\n<h4>Giving of notice under section 141A or 141B.<\/h4>\n<p>A notice under section 141A or 141B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.<\/p>\n<p>142.<\/p>\n<h4>Rates of allowance and effect of means on rates.<\/h4>\n<p>(1)Subject to this section and to sections 142A, 144 and 146, the rate (in this Chapter referred to as &#8220;the scheduled rate&#8221;) of jobseeker&#8217;s allowance shall be &#8211;<\/p>\n<p>(a)in the case of a person who &#8211;<\/p>\n<p>(i)in any continuous period of unemployment, as read in accordance with section 141 (3), has been in receipt of jobseeker&#8217;s benefit or jobseeker&#8217;s allowance in respect of not less than 390 days of unemployment, or<\/p>\n<p>(ii)immediately before the week of unemployment for which jobseeker&#8217;s allowance is claimed, was in receipt of &#8211;<\/p>\n<p>(I)one-parent family payment, but has ceased to be entitled to that allowance by virtue of no longer being regarded as a qualified parent within the meaning of section 172 (1), or<\/p>\n<p>(IA)widow&#8217;s (non-contributory) pension, widower&#8217;s (non-contributory) pension or surviving civil partner&#8217;s (non-contributory) pension, but has ceased to be entitled to that pension by virtue of no longer being regarded as a widow, widower or surviving civil partner within the meaning of section 162(1), or<\/p>\n<p>(II)carer&#8217;s allowance, but has ceased to be entitled to that allowance by virtue of no longer being regarded as a carer within the meaning of section 179 (1),<\/p>\n<p>the weekly rate set out in column (2) at reference 1(a) in Part 1 of Schedule 4, increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and increased by the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, or as the case may be, increased by the appropriate amount set out in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary, or<\/p>\n<p>(b)in any other case, the weekly rate set out in column (2) at reference 1(b) in Part 1 of Schedule 4, increased by &#8211;<\/p>\n<p>(i)the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subparagraph in respect of more than one person, and<\/p>\n<p>(ii)the appropriate amount set out &#8211;<\/p>\n<p>(I)in column (4) of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and<\/p>\n<p>(II)in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.<\/p>\n<p>(1A)Subject to this Act and notwithstanding subsection (1), in the case of a person to whom subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B refers, the scheduled rate of jobseeker&#8217;s allowance shall be reduced and accordingly shall be the weekly rate as set out in column (2) at reference 1(b) of Part 1 of Schedule 4 which shall be reduced in each week by \u20ac44, increased by &#8211;<\/p>\n<p>(a)the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and<\/p>\n<p>(b)the appropriate amount set out &#8211;<\/p>\n<p>(i)in column (4) of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and<\/p>\n<p>(ii)in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), jobseeker&#8217;s allowance shall be payable where the weekly means of the claimant or beneficiary &#8211;<\/p>\n<p>(i)are less than \u20ac1, at the scheduled rate,<\/p>\n<p>(ii)are equal to \u20ac1, at the scheduled rate reduced by \u20ac1, and<\/p>\n<p>(iii)exceed \u20ac1, at the scheduled rate, reduced by \u20ac1 for each amount (if any) of \u20ac1 by which those weekly means exceed \u20ac1.<\/p>\n<p>(b)Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no jobseeker&#8217;s allowance shall be payable.<\/p>\n<p>(3)Notwithstanding subsection (2)(a)(iii) and section 142A(a)(iii), where the sole means of a claimant for jobseeker&#8217;s allowance, who is not one of a couple, are assessed under Rule 1(10) of Part 2 of Schedule 3 and where the rate of allowance payable to or in respect of the claimant, as calculated in accordance with subsection (2)(a)(iii) and section 142A(a)(iii), would be a weekly amount which is 10 cent or more, but less than \u20ac40, the claimant shall be entitled to payment of jobseeker&#8217;s allowance at the weekly rate of \u20ac40.<\/p>\n<p>(4)<\/p>\n<p>In subsection (3) &#8220;couple&#8221; means &#8211;<br \/>\n(a)a married couple who are living together,<br \/>\n(b)both civil partners of the same civil partnership who are living together, or<br \/>\n(c)both cohabitants.<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)[deleted]<\/p>\n<p>142A.<\/p>\n<h4>Rates of assistance ages 18 and 19 years.<\/h4>\n<p>(1)Notwithstanding section 142(1), in the case of a person who &#8211;<\/p>\n<p>(a)has attained the age of 18 years and has not attained the age of 25 years,<\/p>\n<p>(b)is not a person referred to in section 142(1)(a)(ii) (as amended by section 20 of the Social Welfare and Pensions Act 2007), and<\/p>\n<p>(c)is not entitled to an increase in respect of a qualified child,<\/p>\n<p>the scheduled rate of jobseeker&#8217;s allowance shall be the weekly rate set out in column (2) at reference 1(c) in Part 1 of Schedule 4, (as inserted by section 11(a) of the Social Welfare and Pensions Act 2009) increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.<\/p>\n<p>(1A)Subject to this Act and notwithstanding subsection (1), in the case of a person to whom subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B refers, the scheduled rate of jobseeker&#8217;s allowance shall be reduced and accordingly shall be the weekly rate as set out in column (2) at reference 1(c) of Part 1 of Schedule 4 which shall be reduced in each week by \u20ac25, increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.<\/p>\n<p>(2)<\/p>\n<p>(a)In the case of a person referred to in subsection (1), or subsection (1A) and subject to paragraph (b), jobseeker&#8217;s allowance shall be payable where the weekly means of the claimant or beneficiary &#8211;<\/p>\n<p>(i)are less than \u20ac1, at the scheduled rate,<\/p>\n<p>(ii)are equal to \u20ac1, at the scheduled rate reduced by \u20ac1, and<\/p>\n<p>(iii)exceed \u20ac1, at the scheduled rate, reduced by \u20ac1 for each amount (if any) of \u20ac1 by which those weekly means exceed \u20ac1.<\/p>\n<p>(b)Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no jobseeker&#8217;s allowance shall be payable.<\/p>\n<p>(3)Section 144 shall not apply to payments made in accordance with this section.<\/p>\n<p>(4)This section shall not apply in the case of a claim for jobseeker&#8217;s allowance where &#8211;<\/p>\n<p>(a)the period of unemployment commenced on or before 30 December 2009 and where, in the period prior to that date, the claimant was not a person to whom this section applied,<\/p>\n<p>(aa)the period of unemployment commenced on or after 29 April 2009 and in the period commencing on 29 April 2009 and ending on 29 December 2009 the claimant attained the age of 20 years,<\/p>\n<p>(ab)the period of unemployment commenced on or before 14 January 2014 and the claimant was a person &#8211;<\/p>\n<p>(i)who, on or before that date, attained the age of 22 years and had not attained the age of 25 years, and<\/p>\n<p>(ii)to whom, on or before 14 January 2014, section 142B applied,<\/p>\n<p>(b)[deleted]<\/p>\n<p>(c)a claimant was in receipt of disability allowance immediately before he or she makes the claim under this section,<\/p>\n<p>(d)a claimant has attained the age of 18 years and has not attained the age of 25 years and at any time during the period of 12 months before he or she has so attained the age of 18 years &#8211;<\/p>\n<p>(i)he or she was in or was placed in the care of the Executive pursuant to an order of the High Court, or<\/p>\n<p>(ii)he or she was in or was placed in the care of the Executive &#8211;<\/p>\n<p>(I)pursuant to an order of the District Court or the Circuit Court on appeal from the District Court made under Part III, IV, IVA, (inserted by section 16 of the Children Act 2001) or VI of the Child Care Act 1991,<\/p>\n<p>(II)under a voluntary care arrangement pursuant to section 4 of the Child Care Act 1991, or<\/p>\n<p>(III)under an accommodation arrangement pursuant to section 5 of the Child Care Act 1991, or<\/p>\n<p>(e)a claimant is in receipt, in his or her own right, of &#8211;<\/p>\n<p>(i)rent supplement payable in accordance with section 198(3),<\/p>\n<p>(ii)housing assistance, in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014, or<\/p>\n<p>(iii)social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009.<\/p>\n<p>142B.<\/p>\n<p>Rates of assistance &#8211; ages 22 to 24 years.<\/p>\n<p>Repealed from 1 January 2020<br \/>\n(1)Notwithstanding section 142(1), in the case of a person who &#8211;<\/p>\n<p>(a)has attained the age of 25 years and has not attained the age of 26 years,<\/p>\n<p>(b)is not a person referred to in section 142(1)(a)(ii) (as amended by section 20 of the Social Welfare and Pensions Act 2007), and<\/p>\n<p>(c)is not entitled to an increase in respect of a qualified child,<\/p>\n<p>the scheduled rate of jobseeker&#8217;s allowance shall be the weekly rate set out in column (2) at reference 1(d) in Part 1 of Schedule 4, (inserted by section 4 of the Social Welfare and Pensions (No. 2) Act 2009) increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.<\/p>\n<p>(1A)Subject to this Act and notwithstanding subsection (1), in the case of a person to whom subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B refers, the scheduled rate of jobseeker&#8217;s allowance shall be reduced and accordingly shall be the weekly rate as set out in column (2) at reference 1(d) of Part 1 of Schedule 4 which shall be reduced in each week by \u20ac33, increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.<\/p>\n<p>(2)<\/p>\n<p>(a)In the case of a person referred to in subsection (1) or subsection (1A), and subject to paragraph (b), jobseeker&#8217;s allowance shall be payable where the weekly means of the claimant or beneficiary &#8211;<\/p>\n<p>(i)are less than \u20ac1, at the scheduled rate,<\/p>\n<p>(ii)are equal to \u20ac1, at the scheduled rate reduced by \u20ac1, and<\/p>\n<p>(iii)exceed \u20ac1, at the scheduled rate, reduced by \u20ac1 for each amount (if any) of \u20ac1 by which those weekly means exceed \u20ac1.<\/p>\n<p>(b)Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no jobseeker&#8217;s allowance shall be payable.<\/p>\n<p>(3)This section shall not apply in the case of a claim for jobseeker&#8217;s allowance where &#8211;<\/p>\n<p>(a)the period of unemployment commenced on or before 30 December 2009 and where, in the period prior to that date, the claimant was not a person to whom section 142A applied,<\/p>\n<p>(aa)the period of unemployment commenced on or before 14 January 2014 and the claimant was a person &#8211;<\/p>\n<p>(i)who, on or before that date, attained the age of 25 years and had not attained the age of 26 years, and<\/p>\n<p>(ii)to whom, on or before 14 January 2014, section 142 applied,<\/p>\n<p>(b)[deleted]<\/p>\n<p>(c)a claimant was in receipt of disability allowance immediately before he or she makes the claim under this section,<\/p>\n<p>(d)a claimant is participating in the work placement programme, or<\/p>\n<p>(e)a claimant has attained the age of 18 years and has not attained the age of 26 years and at any time during the period of 12 months before he or she has so attained the age of 18 years &#8211;<\/p>\n<p>(i)he or she was in, or was placed in, the care of the Executive pursuant to an order of the High Court, or<\/p>\n<p>(ii)he or she was in, or was placed in, the care of the Executive &#8211;<\/p>\n<p>(I)pursuant to an order of the District Court or the Circuit Court on appeal from the District Court made under Part III, IV, IVA or VI of the Child Care Act 1991,<\/p>\n<p>(II)under a voluntary care arrangement pursuant to section 4 of the Child Care Act 1991, or<\/p>\n<p>(III)under an accommodation arrangement pursuant to section 5 of the Child Care Act 1991.<\/p>\n<p>(4)In subsection (3), &#8220;work placement programme&#8221; means the programme commonly known by that name and provided by the Minister.<\/p>\n<p>143.<\/p>\n<h4>Regulations.<\/h4>\n<p>Regulations may entitle a person to jobseeker&#8217;s allowance in respect of a day of unemployment and the amount of jobseeker&#8217;s allowance so payable for any such day shall be one-sixth of the appropriate weekly rate.<\/p>\n<p>144.<\/p>\n<h4>Total amount payable to a couple.<\/h4>\n<p>(1)In the case of a couple, where each of the couple is entitled to jobseeker&#8217;s allowance or pre-retirement allowance, the total amount payable to them under this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid jobseeker&#8217;s allowance or pre-retirement allowance, as the case may be, (including any increases thereof, where appropriate) and each of them shall be entitled to be paid one-half of the amount (including any increases thereof, where appropriate) which would be payable to him or her if only one of them were in receipt of jobseeker&#8217;s allowance or pre-retirement allowance as the case may be.<\/p>\n<p>(2)<\/p>\n<p>(a)In this subsection &#8220;relevant benefit or pension&#8221; means illness benefit, jobseeker&#8217;s benefit, jobseeker\u2019s benefit (self-employed), injury benefit, disablement pension, State pension (contributory), State pension (non-contributory), State pension (transition) or invalidity pension.<\/p>\n<p>(b)Where one of a couple is entitled to a relevant benefit or pension and the other is entitled to jobseeker&#8217;s allowance, the total of the amount payable to them by way of the relevant benefit or pension, as the case may be, and jobseeker&#8217;s allowance (in this subsection referred to as &#8220;the relevant amount&#8221;), shall not exceed the total amount of the relevant benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of jobseeker&#8217;s allowance (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as &#8220;the greater amount&#8221;), that would be payable if only one of the couple were in receipt of the relevant benefit or pension or jobseeker&#8217;s allowance, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of jobseeker&#8217;s allowance payable to the spouse, civil partner or cohabitant who is entitled to jobseeker&#8217;s allowance shall be reduced by the amount of the excess.<\/p>\n<p>(3)In this section &#8211;<\/p>\n<p>&#8220;couple&#8221; means &#8211;<br \/>\n(a)a married couple who are living together,<br \/>\n(b)both civil partners of the same civil partnership who are living together, or<br \/>\n(c)both cohabitants;<\/p>\n<p>&#8220;spouse&#8221; means each person of a couple in relation to the other.<\/p>\n<p>(3A)In this section &#8211;<\/p>\n<p>(a)a reference to a civil partner is a reference to each civil partner of a couple in relation to the other, and<\/p>\n<p>(b)a reference to a cohabitant is a reference to each cohabitant in relation to the other.<\/p>\n<p>(4)For the purposes of this section, a reference to &#8220;jobseeker&#8217;s allowance&#8221; shall be read as including a reference to pre-retirement allowance.<\/p>\n<p>145.<\/p>\n<h4>Certain claims.<\/h4>\n<p>(1)A person who, on or after 9 May 1989, claims or has claimed, in respect of a period before 7 June 1989, jobseeker&#8217;s allowance of an amount to which the person would not be entitled if section 144 were applicable shall be entitled to be paid that allowance only in accordance with section 144.<\/p>\n<p>(2)<\/p>\n<p>(a)A person who has not, before 9 May 1989, specifically claimed, in respect of a period before 7 June 1989, any additional amount for jobseeker&#8217;s allowance being an amount to which the person would not be entitled if section 144 were applicable shall not be entitled to be paid the additional amount.<\/p>\n<p>(b)In paragraph (a) &#8220;claimed&#8221; means claimed in writing from the Minister or claimed in proceedings instituted against the Minister in any court.<\/p>\n<p>(3)An amount properly paid to any person before 7 June 1989 by way of jobseeker&#8217;s allowance which as a result of the Social Welfare (No. 2) Act 1989 would be recoverable by the Minister shall not be so recoverable.<\/p>\n<p>146.<\/p>\n<h4>Amount of increases payable in respect of qualified child in certain cases.<\/h4>\n<p>Any increase of jobseeker&#8217;s allowance payable under section 142(1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse, civil partner or cohabitant of the claimant or 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 claimant or beneficiary<\/p>\n<p>(a)is not a qualified adult, or<\/p>\n<p>(b)is a spouse, civil partner or cohabitant referred to in section 141(2) (d),<\/p>\n<p>and section 142(1) shall be read and have effect accordingly.<\/p>\n<p>147.<\/p>\n<h4>Disqualifications.<\/h4>\n<p>(1)A person shall be disqualified for receiving jobseeker&#8217;s allowance while he or she is &#8211;<\/p>\n<p>(a)an inmate of an institution maintained wholly or partly out of public moneys or by a local authority,<\/p>\n<p>(b)employed during any week under a scheme provided by the Minister and known as Community Employment, or<\/p>\n<p>(c)employed during any week under a scheme provided by the Minister and known as the Rural Social Scheme.<\/p>\n<p>(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&#8217;s allowance so long as the stoppage of work continues, except in the 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 but this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.<\/p>\n<p>(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 of the same premises or at the same place, each of those departments, for the purposes of subsection (2), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.<\/p>\n<p>(4)A person shall be disqualified for receiving jobseeker&#8217;s allowance for the period that may be determined by a deciding officer, but in any case not exceeding 9 weeks, where the person &#8211;<\/p>\n<p>(a)has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause,<\/p>\n<p>(b)has refused an offer of suitable employment,<\/p>\n<p>(d)has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment,<\/p>\n<p>and the period of disqualification shall begin on the day on which the loss or leaving of employment, refusal, failure or neglect, as the case may be, occurred.<\/p>\n<p>(4A)[deleted]<\/p>\n<p>(5)For the purpose of this section, employment is not deemed to be suitable employment in the case of any person where it is employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.<\/p>\n<p>(6)Jobseeker&#8217;s allowance and either jobseeker\u2019s benefit or jobseeker\u2019s benefit (self-employed) shall not both be payable in respect of the same day or days.<\/p>\n<p>148.<\/p>\n<h4>Disqualifications &#8211; attending a course of study.<\/h4>\n<p>(1)A person shall not be entitled to receive jobseeker\u2019s allowance while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8220;academic year&#8221; means a period in which a course of study begins in one year and finishes in the following year and includes term vacations;<\/p>\n<p>&#8220;a course of study&#8221; means a full-time day course of study, instruction or training which may take place over more than one academic year at an institution of education;<\/p>\n<p>&#8220;institution of education&#8221; means &#8211;<br \/>\n(a)a school,<br \/>\n(b)[deleted]<br \/>\n(c)[deleted]<br \/>\n(d)a designated institution of higher education within the meaning of the Higher Education Authority Act 2022 that falls under paragraph (a) of section 53(1) of that Act,<br \/>\n(e)[deleted]<br \/>\n(f)[deleted]<br \/>\n(g)[deleted]<br \/>\n(h)any institution which is not an institution for the purposes of paragraph (a) or (d) and which is an &#8216;approved institution&#8217; within the meaning of the Student Support Act 2011 and falls under paragraph (d), (e), (f) or (g) of section 7(1) of that Act, or<br \/>\n(i)any other institution that may be prescribed.<\/p>\n<p>(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 &#8211;<\/p>\n<p>(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 Science, whichever is the later,<\/p>\n<p>(b)for the duration of an academic year, or<\/p>\n<p>(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 academic year.<\/p>\n<p>148A.<\/p>\n<h4>Entitlement to jobseeker&#8217;s allowance in certain circumstances.<\/h4>\n<p>(1)This section applies &#8211;<\/p>\n<p>(a)to a person who, during the period for which jobseeker&#8217;s allowance is being claimed under this section &#8211;<\/p>\n<p>(i)is not entitled to one-parent family payment, and<\/p>\n<p>(ii)would be entitled to one-parent family payment but for the fact that the youngest child has attained the age specified in paragraph (b) of the definition of &#8220;relevant age&#8221; in section 172(1),<\/p>\n<p>and<\/p>\n<p>(b)where the youngest child, referred to in paragraph (a)(ii), has not attained the age of 14 years.<\/p>\n<p>(2)Subject to this section, a person to whom this section applies shall be entitled to jobseeker&#8217;s allowance in respect of any week of unemployment, as construed in accordance with subsection (4)(b), where that person makes a declaration in such manner as may be prescribed that he or she &#8211;<\/p>\n<p>(a)is the parent, step-parent, adoptive parent or legal guardian of at least one child who has not attained the age of 14 years and who normally resides, in accordance with Article 128 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), with that person, and<\/p>\n<p>(b)is not a cohabitant.<\/p>\n<p>(3)Without prejudice to the generality of subsection (2), for the purposes of that subsection a person may make a declaration by means of an electronic communication, in such manner as may be prescribed.<\/p>\n<p>(4)In the case of a person to whom this section applies, Chapter 2 of Part 3 shall be read as if &#8211;<\/p>\n<p>(a)sections 141(1)(b), 141(1A), 141(2)(a), 141(3), 141(3A), 141(3B), 141(4)(b), 141(4)(c), 141(8), 147(4) and 148 do not apply,<\/p>\n<p>(b)each period of 7 consecutive days were treated as a week of unemployment and any 2 such weeks not separated by more than 52 weeks shall be treated as one continuous period of unemployment and references in Chapter 2 of Part 3 to a week of unemployment, to being continuously unemployed or to continuous unemployment shall be read accordingly, and<\/p>\n<p>(c)the reference to a day or days of unemployment in sections 141(3C), 141(4), 141(7) and 143 were to any day or days in a week of unemployment as construed in accordance with paragraph (b).<\/p>\n<p>(5)[deleted]<\/p>\n<p>Chapter 3<\/p>\n<h4>Pre-Retirement Allowance (ss. 149-151)<\/h4>\n<p>149.<\/p>\n<h4>Entitlement to allowance.<\/h4>\n<p>(1)Subject to this Act, an allowance (in this Chapter referred to as &#8220;pre-retirement allowance&#8221;) shall be payable in respect of any period of retirement to a person &#8211;<\/p>\n<p>(a)who has attained the age specified by regulations but has not attained pensionable age,<\/p>\n<p>(b)whose weekly means, subject to subsection (4), do not exceed the amount of pre-retirement allowance (including any increases of that allowance) that would be payable to the person under this Chapter if that person had no means, and<\/p>\n<p>(c)<\/p>\n<p>(i)who has been in receipt of jobseeker&#8217;s benefit or jobseeker&#8217;s allowance in respect of not less than 390 days of unemployment in any continuous period of unemployment in the immediately preceding period as read in accordance with section 141 (3),<\/p>\n<p>(ii)being a separated spouse, has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or<\/p>\n<p>(iia)being a civil partner who is not living with the other civil partner of the civil partnership and who has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or<\/p>\n<p>(iii)immediately before the week in respect of which pre-retirement allowance is claimed, was in receipt of &#8211;<\/p>\n<p>(I)one-parent family payment, but has ceased to be entitled to that payment by virtue of no longer being regarded as a qualified parent within the meaning of section 172 (1), or<\/p>\n<p>(II)carer&#8217;s allowance, but has ceased to be entitled to that allowance, by virtue of no longer being regarded as a carer within the meaning of section 179 (1).<\/p>\n<p>(2)<\/p>\n<p>(a)For the purposes of subsection (1) (c) (ii) and subject to section 3 (10) a person who is separated from his or her spouse, shall continue to be regarded as a separated spouse where the marriage has been dissolved, being a dissolution that is recognised as valid in the State.<\/p>\n<p>(aa)For the purposes of subsection (1) (c) (iia) and subject to section 3(10), a civil partner who is not living with his or her civil partner shall continue to be regarded as such where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.<\/p>\n<p>(b)Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whom subsection (1) (c) (ii) or subsection (1) (c) (iia) applies, unless that person marries, remarries, enters into a civil partnership or a new civil partnership or is a cohabitant.<\/p>\n<p>(3)<\/p>\n<p>(a)In this Chapter &#8220;weekly means&#8221; shall, subject to paragraph (b) and Rule 1(1) or (7) as the case may be of Part 2 of Schedule 3, be the yearly means divided by 52 and means shall be calculated in accordance with the Rules contained in Part 2 of Schedule 3.<\/p>\n<p>(b)The amount calculated in accordance with paragraph (a) shall be rounded up to the nearest \u20ac1 where it is a multiple of 50 cent but not also a multiple of \u20ac1 and shall be rounded to the nearest \u20ac1 where it is not a multiple of 50 cent or \u20ac1.<\/p>\n<p>(3A)Where the spouse, civil partner or cohabitant of a claimant for pre-retirement allowance is a spouse, civil partner or cohabitant referred to in Part 6, and is in receipt of a payment under Part 6, the means of the claimant shall be taken to be one-half the means.<\/p>\n<p>(4)Subject to subsection (4A), where the spouse, civil partner or cohabitant of a claimant for pre-retirement allowance is a spouse, civil partner or cohabitant referred to in any of subparagraphs (iii) to (vii) of section 2(2) (a), the means of the claimant shall be taken to be one-half the means.<\/p>\n<p>(4A)Notwithstanding subsection (4), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of pre-retirement allowance in respect of any day of retirement and the spouse of the claimant for pre-retirement allowance is not the claimant&#8217;s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (4), whichever is the more favourable.<\/p>\n<p>(4B)Where the means of a claimant are calculated at any time in accordance with subsection (4A) and are subsequently calculated in accordance with subsection (4), subsection (4A) shall no longer apply to the claimant.<\/p>\n<p>(4C)Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (4A) ceases to be entitled to or in receipt of pre-retirement allowance, subsection (4) shall apply to any subsequent claims.<\/p>\n<p>(5)For the purposes of subsections (6) and (8), any 2 periods of retirement not separated by more than 52 weeks shall be treated as one continuous period of retirement.<\/p>\n<p>(6)Subsection (1) (c) shall not apply in the case of a claim to pre-retirement allowance made by a person in respect of a period of retirement which is a continuous period of retirement as read in accordance with subsection (5).<\/p>\n<p>(7)Notwithstanding the provisions of this Chapter and subject to subsections (8) and (9), pre-retirement allowance shall not be payable to a person in respect of any period of retirement which begins on or after such date as may be prescribed.<\/p>\n<p>(8)Subsection (7) shall not apply where a continuous period of retirement, as read in accordance with subsection (5), began before the date prescribed for the purposes of subsection (7).<\/p>\n<p>(9)Subsection (7) shall not apply to a person who &#8211;<\/p>\n<p>(a)was in receipt of carer&#8217;s allowance immediately before the date prescribed for the purposes of subsection (7), and<\/p>\n<p>(b)was in receipt of pre-retirement allowance immediately before receiving carer&#8217;s allowance.<\/p>\n<p>150.<\/p>\n<h4>Rate of allowance (including increases for qualified adult and qualified children).<\/h4>\n<p>(1)Subject to this section and section 144, the rate of pre-retirement allowance (in this Chapter referred to as &#8220;the scheduled rate&#8221;) shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by &#8211;<\/p>\n<p>(a)the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and<\/p>\n<p>(b)the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), pre-retirement allowance shall be payable where the weekly means of the claimant or beneficiary &#8211;<\/p>\n<p>(i)are less than \u20ac1, at the scheduled rate,<\/p>\n<p>(ii)are equal to \u20ac1, at the scheduled rate reduced by \u20ac1, and<\/p>\n<p>(iii)exceed \u20ac1, at the scheduled rate reduced by \u20ac1 for each amount (if any) of \u20ac1 by which those weekly means exceed \u20ac1.<\/p>\n<p>(b)Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no pre-retirement allowance shall be payable.<\/p>\n<p>(3)Any increase of pre-retirement allowance payable under subsection (1) (b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse, civil partner or cohabitant of the claimant or 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 claimant or beneficiary<\/p>\n<p>(a)is not a qualified adult, or<\/p>\n<p>(b)is a spouse, civil partner or cohabitant referred to in section 149(4),<\/p>\n<p>and subsection (1) (b) shall be read and have effect accordingly.<\/p>\n<p>151.<\/p>\n<h4>Regulations.<\/h4>\n<p>The Minister may make regulations for the purpose of giving effect to this Chapter and those regulations may, in particular and without prejudice to the generality of the foregoing &#8211;<\/p>\n<p>(a)specify the age for the purposes of section 149 (1) (a),<\/p>\n<p>(b)specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter,<\/p>\n<p>(c)specify the circumstances in which a person is to be regarded as a separated spouse for the purposes of section 149 (1) (c) (ii), and<\/p>\n<p>(ca)specify the circumstances in which a person is to be regarded as a civil partner where he or she is not living with the other civil partner of the civil partnership for the purposes of section 149(1) (c) (iia), and<\/p>\n<p>(d)vary the weekly rate of pre-retirement allowance under section 150, but any such variation shall not reduce the weekly rates applicable immediately before the commencement of the regulations.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19844\" data-postid=\"19844\" class=\"themify_builder_content themify_builder_content-19844 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Overview Jobseeker\u2019s Allowance \u00a0is the means tested payment in respect of unemployment.\u00a0 Many of the tests are similar to those set out above in respect of the Jobseeker\u2019s Benefit. The entitlement to Jobseeker\u2019s Allowance applies to a day of unemployment, which forms part of a period of interruption of employment.\u00a0 The person must be between [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[287],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19844"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19844"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19844\/revisions"}],"predecessor-version":[{"id":35008,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19844\/revisions\/35008"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19844"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19844"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19844"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}