Social Welfare Consolidation Act 2005

(a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or

(b) attend for or submit to an assessment of that person’s education, training or development needs.

(4) Where jobseeker’s benefit is paid to a person at the weekly rate set out insection 65(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 65A(2)on account of a refusal or failure to comply with the requirement specified in the notice undersubsection (1)for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.

(5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (4)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s benefit for any period of continued refusal or failure commencing on the date specified in the notice undersubsection (4), but such period of disqualification shall, subject tosubsection (6), not exceed 9 weeks.

(6) Nothing in this section shall prevent the provisions ofsubsections (1)to(5)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (5)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (1), and

(b) that person continues, without good cause, to refuse or fail to comply with that requirement.

(7) Where, on the commencement ofsection 12of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker’s benefit is being paid to a person at the weekly rate set out insection 65(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 65A(2)for a period of not less than 21 days—

(a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified inparagraph (a)or(b)ofsubsection (3), and

(b)subsections (4)to(6)shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice underparagraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.]

62B. F491[Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s benefit

62B.(1) Where—

(a) as a consequence of attendance for or submission to an assessment in accordance withsection 62A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection 65(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 65A(2).

(2) Where jobseeker’s benefit is paid to a person at the weekly rate set out insection 65(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 65A(2)on account of a refusal or failure referred to insubsection (1)—

(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to—

(a) comply with the requirement specified in the notice undersubsection (2)(a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

that person shall be disqualified for receiving jobseeker’s benefit for any period of such refusal or failure commencing on—

(i) the date specified in the notice undersubsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, but such period of disqualification shall, subject tosubsection (4), not exceed 9 weeks.

(4) Nothing in this section shall prevent the provisions ofsubsections (1)to(3)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (3)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to—

(i) comply with the requirement specified in the notice underparagraph (a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to inparagraph (b).]

62C. F492[Giving of notice under section 62A or 62B

62C.A notice undersection 62Aor62Bshall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

63. Condition for receipt (optional contributors). [1993 (No. 2) s8(a)]

63.—(1) It shall be a condition for the receipt of F493[jobseeker’s benefit] in respect of any day by a person engaged in share fishing that—

(a) it is not a day on which he or she is engaged in share fishing and it is a day in respect of which he or she makes reasonable efforts to obtain such work, and

(b) there was no work on, or in connection with, the fishing vessel of which he or she is a member of the crew available for him or her on that day because—

(i) as a consequence of weather conditions, the fishing vessel could not reasonably have put to sea for the purposes of fishing, or

(ii) the fishing vessel was undergoing repairs or maintenance, not being repairs or maintenance constituting work within the meaning of subsection (2).

[1993 (No. 2) s8(a)]

(2) For the purposes of subsection (1), work includes any work done to the fishing vessel or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of nets and gear or their preparation for fishing which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing vessel, or is likely to become so necessary in the near future, and which it is the duty of a person engaged in share fishing (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or the gross earnings of the working of the fishing vessel, but any other work done to the fishing vessel or its nets or gear, shall be disregarded.

64. Conditions for receipt. [1993 s43(1); 2005 (SW&P) s11(e)]

64.—(1) The contribution conditions for F494[jobseeker’s benefit] are that the claimant—

F495[(a) (i) has employment contributions or optional contributions paid in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed, or

(ii) has self-employment contributions paid in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed,]

(b) F496[(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or]

(ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,

and

(c) has—

(i) F497[reckonable] weekly earnings, or

F498[(ia)F497[reckonable]weekly earnings, in the case of a person who immediately before the week of unemployment for which jobseeker’s benefit was claimed—

(I) was in receipt of carer’s benefit or carer’s allowance and,

(II) was in receipt of jobseeker’s benefit immediately before receiving a payment referred to insubparagraph (I),

or]

(ii) in the case of a person who qualifies for F494[jobseeker’s benefit] by virtue of having paid optional contributions, F497[reckonable] weekly income,

F497[in excess of€300 in the governing contribution year or has reckonable weekly earnings specified inparagraphs (a)to(c)ofsubsection (6)or, as the case may be, has reckonable weekly income specified inparagraphs (d)to(f)ofsubsection (6)in the periods specified in respect of those earnings or that income in those paragraphs].

[1993 s43(2); 2005 (SW&P) s26 & Sch 4]

(2) In the case of any claim for F494[jobseeker’s benefit] where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “F499[104]”.

[2003 s9(3)(b)]

(3) In the case of any claim for F494[jobseeker’s benefit] where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004 subsection (1)(a) shall be read as if “39” were substituted for “F500[104]”.

F501[(3A) In the case of any claim for jobseeker’s benefit where the period of interruption of employment began on or after 5 April 2004 and before 1 January 2009,subsection (1)(a)shall be read as if‘52’were substituted for‘104’.]

[1993 s43(3)]

(4) Where a person under F502[70 years of age] has been entitled to payment of F494[jobseeker’s benefit] in respect of any day or would but for section 62(4), F503[68(1),68(6)or68(6A)] have been so entitled then, in relation to F494[jobseeker’s benefit], the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1)(b)(i) or (ii), be regarded as continuing so long as the period of interruption of employment continues.

F504[(4A) Regulations may provide for entitling to jobseeker’s benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement, insubsection (1)(b)(i), that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which benefit is claimed, is not satisfied.]

[1993 s43(4)]

(5) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

[1993 s43(5)]

F505[(6) For the purposes of the requirements ofsubsection (1)(c)relating to reckonable weekly earnings or, as the case may be, reckonable weekly income, a claimant—

(a) has reckonable weekly earnings—

(i) which do not exceed€44.43,

(ii) which exceed€44.43 but do not exceed€63.48, or

(iii) which exceed€63.48 but do not exceed€88.87,

in respect of a period of interruption of employment which commenced before 25 December 2003,

(b) has reckonable weekly earnings—

(i) which do not exceed€79.99,

(ii) which exceed€79.99 but do not exceed€124.99, or

(iii) which exceed€124.99 but do not exceed€149.00,

in respect of a period of interruption of employment which commenced on or after 25 December 2003 and before 5 January 2009,

(c) has reckonable weekly earnings—

(i) which do not exceed€149.99,

(ii) which exceed€149.99 but do not exceed€219.99, or

(iii) which exceed€219.99 but do not exceed€299.99,

in respect of a period of interruption of employment which commenced on or after 5 January 2009,

(d) has reckonable weekly income—

(i) which does not exceed€44.43,

(ii) which exceeds€44.43 but does not exceed€63.48, or

(iii) which exceeds€63.48 but does not exceed€88.87,

in respect of a period of interruption of employment which commenced before 25 December 2003,

(e) has reckonable weekly income—

(i) which does not exceed€79.99,

(ii) which exceeds€79.99 but does not exceed€124.99, or

(iii) which exceeds€124.99 but does not exceed€149.00,

in respect of a period of interruption of employment which commenced on or after 25 December 2003 and before 5 January 2009, or

(f) has reckonable weekly income—

(i) which does not exceed€149.99,

(ii) which exceeds€149.99 but does not exceed€219.99, or

(iii) which exceeds€219.99 but does not exceed€299.99,

in respect of a period of interruption of employment which commenced on or after 5 January 2009.]

[1993 s43(6)]

(7) F506[…]

[1993 (No. 2) s13; 1999 s24(2)]

(8) The condition in subsection (1)(c) F507[…] shall not apply in the case of a claim for F494[jobseeker’s benefit] made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.

F508[(9) For the purposes ofsubsection (1)(c)—

(a) the reckonable weekly earnings referred to insubparagraphs (i)and(ia)of that subsection shall, subject toparagraph (b), be calculated as the total reckonable earnings in the governing contribution year increased by the amount of—

(i) a payment, if any, referred to insection 38, and

(ii) an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001,

divided by the number of qualifying contributions in that governing contribution year,

(b) without prejudice toparagraph (a), the governing contribution year, for the purposes of the calculation, in accordance withparagraph (a), of the reckonable weekly earnings referred to insubparagraph (ia)ofsubsection (1)(c)shall be—

(i) the governing contribution year, or

(ii) the governing contribution year that relates to the jobseeker’s benefit claim referred to insubsection (1)(c)(ia)(II),

whichever is the more favourable, and

(c) the reckonable weekly income referred to insubparagraph (ii)of that subsection shall be calculated as the total reckonable income in the governing contribution year increased by the amount of—

(i) a payment, if any, referred to insection 38, and

(ii) an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001,

divided by the number of qualifying contributions in that governing contribution year.

(10) In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of jobseeker’s benefit or illness benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, nothing in this section shall be construed as reducing the rate of jobseeker’s benefit payable to him or her to a rate which is less than the rate to which he or she was entitled to before that date.

(11) Insubsection (9),‘Regulations of 2001’means the Income Tax (Employments) (Consolidation) Regulations 2001 (S.I. No. 559 of 2001).]

65. Rate of benefit. [1993 s44]

65.—F509[(1)] Subject to this Act, the weekly rate of F510[jobseeker’s benefit] shall be as set out in column (2) of Part 1 of Schedule 2.

F511[(2) Subject to this Act, notwithstandingsubsection (1), in the case of a person to whomF512[subsection (2)or(6)ofsection 62Aorsubsection (1)or(4)ofsection 62B]refers, the weekly rate of jobseeker’s benefit shall be reduced and accordingly shall be the weekly rate set out incolumn (2)ofPart 1ofSchedule 2which shall be reduced in each week byF513[€90].]

65A. F514[Rates of jobseeker’s benefit relating to certain reckonable weekly earnings, certain reckonable weekly income and certain periods.

65A.—(1) Subject to this Act, in the case of—

(a) a person with reckonable weekly earnings specified insection 64(6)(a)(i)or reckonable weekly income specified insection 64(6)(d)(i), the weekly rate of jobseeker’s benefit shall beF515[€114.00],

(b) a person with reckonable weekly earnings specified insection 64(6)(a)(ii)or reckonable weekly income specified insection 64(6)(d)(ii), the weekly rate of jobseeker’s benefit shall beF516[€163.70],

(c) a person with reckonable weekly earnings specified insection 64(6)(a)(iii)or reckonable weekly income specified insection 64(6)(d)(iii), the weekly rate of jobseeker’s benefit shall beF517[€198.90],

(d) a person with reckonable weekly earnings specified insection 64(6)(b)(i)or reckonable weekly income specified insection 64(6)(e)(i), the weekly rate of jobseeker’s benefit shall beF515[€114.00],

(e) a person with reckonable weekly earnings specified insection 64(6)(b)(ii)or reckonable weekly income specified insection 64(6)(e)(ii), the weekly rate of jobseeker’s benefit shall beF516[€163.70],

(f) a person with reckonable weekly earnings specified insection 64(6)(b)(iii)or reckonable weekly income specified insection 64(6)(e)(iii), the weekly rate of jobseeker’s benefit shall beF517[€198.90],

(g) a person with reckonable weekly earnings specified in section64(6)(c)(i)or reckonable weekly income specified insection 64(6)(f)(i), the weekly rate of jobseeker’s benefit shall beF515[€114.00],

(h) a person with reckonable weekly earnings specified insection 64(6)(c)(ii)or reckonable weekly income specified insection 64(6)(f)(ii), the weekly rate of jobseeker’s benefit shall beF516[€163.70], or

(i) a person with reckonable weekly earnings specified insection 64(6)(c)(iii)or reckonable weekly income specified insection 64(6)(f)(iii), the weekly rate of jobseeker’s benefit shall beF517[€198.90].

(2) Subject to this Act, notwithstandingsubsection (1), in the case of a person to whomF518[subsection (2)or(6)ofsection 62Aorsubsection (1)or(4)ofsection 62B]refers, the weekly rate of jobseeker’s benefit shall be reduced and accordingly—

(a) in the case of a person referred to insubsection (1)(a),(1)(d)or(1)(g), the weekly rate shall beF519[€69.10],

(b) in the case of a person referred to insubsection (1)(b),(1)(e)or(1)(h), the weekly rate shall beF520[€99.30], or

(c) in the case of a person referred to insubsection (1)(c),(1)(f)or(1)(i), the weekly rate shall beF521[€120.60].]

66. Increases for qualified adult and qualified children. [1993 s45(1); 1997 s28(4) & Sch F]

66.—(1) F522[Subject tosubsection (1A), the weekly rate] of F523[jobseeker’s benefit] shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

F524[(1A) In the case of a person referred to insection 65A, the weekly rate of jobseeker’s benefit shall be increased byF525[€109.20]for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.]

[1993 s45(2); 1994 s32 & Sch F]

F526[(2) The weekly rate of jobseeker’s benefit shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[1993 s45(3); 2003 s10(1)(c)]

(3) Subject to subsection (4), any increase of F523[jobseeker’s benefit] payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F527[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F527[, civil partner or cohabitant] of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.

[2003 s10(1)(c)]

(4) Subsection (3) shall not apply and no increase of F523[jobseeker’s benefit] payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F527[, civil partner or cohabitant] of a beneficiary shall be payable where the weekly income of that spouse F527[, civil partner or cohabitant], calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

67. Duration of payment. [1993 s46(1); 2003 s11(1)(a)]

67.—(1) A person who, in respect of any period of interruption of employment, has been entitled to F528[jobseeker’s benefit] for 156 days shall not thereafter, subject to subsection F529[(3),(3A),(3C),(4A)or(4C)], be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he or she has requalified for benefit or unless, in the case of a person over 65 years of age F530[and under pensionable age], he or she has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which F528[jobseeker’s benefit] is claimed.

[1993 s46(2)]

(2) Where a person entitled to F528[jobseeker’s benefit] for 156 days has exhausted his or her right to F528[jobseeker’s benefit]—

(a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to that benefit, and

(b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person, but, in a case where the period of interruption of employment in which the person exhausted his or her right to that benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.

[1993 s46(3); 2003 s11(1)(b)]

F531[(3)Subsection (1)shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of not less than 260 contribution weeks have effect as if‘F532[234]days’were substituted for‘156 days’.]

F533[(3A)Subsection (1)shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 156 days, have effect as if‘390 days’were substituted for‘156 days’for the remainder of such period of interruption of employment.

(3B) Where a person to whomsection 64(1)(c)(ia)(I)applies is—

(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and

(b) the period of interruption of employment for the jobseeker’s benefit referred to insection 64(1)(c)(ia)(II)began on or before 14 October 2008,

subsection (3)shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.]

F534[(3C) Wheresubsection (3A)does not apply to a person and that person has—

(a) in any period of interruption of employment, qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and

(b) on 3 April 2013, been in receipt of jobseeker’s benefit for more than 156 days,

subsection (1)shall have effect as if‘312 days’were substituted for‘156 days’for the remainder of such period of interruption of employment.]

[2003 s11(1)(b)]

(4) F535[…]

F536[(4A)Subsection (1)shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 78 days, have effect as if‘312 days’were substituted for‘156 days’for the remainder of such period of interruption of employment.

(4B) Where a person to whomsection 64(1)(c)(ia)(I)applies is—

(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and

(b) the period of interruption of employment for the jobseeker’s benefit referred to insection 64(1)(c)(ia)(II)began on or before 14 October 2008,

subsection (4)shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.]

F537[(4C) Wheresubsection (4A)does not apply to a person and that person has—

(a) in any period of interruption of employment, qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and

(b) on 3 April 2013, been in receipt of jobseeker’s benefit for more than 78 days,

subsection (1)shall have effect as if‘234 days’were substituted for‘156 days’for the remainder of such period of interruption of employment.]

[1993 s46(4); 2003 s11(1)]

(5) Where a person entitled to F528[jobseeker’s benefit] F538[for 234 days, 312 days or 390 days] has exhausted his or her right to that benefit—

(a) the person shall requalify for that benefit when he or she has qualifying contributions (other than optional contributions) in respect of 13 contribution weeks begun or ended since the 156th day for which he or she was entitled to that benefit, and

(b) on his or her requalifying for that benefit, F539[subsections (1)and(3)] as the case may be, shall again apply to him or her, but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

[1993 (No.2) s8(c)]

(6) Notwithstanding this Chapter, in the case of a person who satisfies the contribution conditions contained in section 64 by virtue of having paid optional contributions—

(a) where he or she has been entitled to F528[jobseeker’s benefit] for 78 days in any benefit year he or she shall not thereafter be entitled to that benefit in respect of any day of unemployment in that benefit year, and

(b) the first day of unemployment in any benefit year shall be treated as the beginning of a separate period of interruption of employment.

[1993 s46(5)]

(7) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where the person would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1993 s46(6); 1996 s22(4)]

(8) F540[Subject tosection 141(3C), for the purposes of this section,] where a person receives F541[jobseeker’s allowance] in respect of any week of unemployment, within the meaning of section 141(3), which includes any day in respect of which that person is entitled to F528[jobseeker’s benefit], any day of unemployment in that week shall be treated as though it were a day in respect of which F528[jobseeker’s benefit] was paid.

F542[(8A) For the purposes of this section, where a person receives jobseeker’s benefit (self-employed) in respect of any week of unemployment, and that person is entitled to jobseeker’s benefit in respect of that week, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.]

F543[(8B) For the purposes of this section, where a person receives jobseeker’s pay-related benefit in respect of any full week of unemployment, that week shall be treated as though it were 6 days in respect of which jobseeker’s benefit was paid.]

[1993 s46(7)]

(9) For the purposes of this section, any period in respect of which a person is disqualified for receiving F528[jobseeker’s benefit] by virtue of section 68(6) F544[or68(6A)] shall be treated as though it were a period in respect of which F528[jobseeker’s benefit] was paid.

F545[(10) For the purposes of this section, where a person receives a payment in respect of a scheme administered by the Minister and known as the Short Term Enterprise Allowance Scheme in respect of any week of unemployment, which includes any day in respect of which that person is entitled to jobseeker’s benefit, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.]

F546[(11) Where a person is in receipt of jobseeker’s benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she—

(a) was born on or after 1 January 1958, and

(b) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.]

68. Disqualifications. [1993 s47(1)]

68.—(1) Subject to subsection (2), a person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he or she was employed shall be disqualified for receiving F547[jobseeker’s benefit] so long as the stoppage of work continues, except in a case where the person has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he or she usually follows or has become regularly engaged in some other occupation.

[1993 s47(1)]

(2) Subsection (1) shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1993 s47(2)]

(3) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments, for the purposes of subsection (1), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

[1993 s47(3); 1995 s18(a)]

(4) A person shall be disqualified for receiving F547[jobseeker’s benefit] during any week in which he or she is employed under a F548[scheme provided by the Minister and known as Community Employment].

[2005 (SW&P) s13(a)]

(5) A person shall be disqualified for receiving F547[jobseeker’s benefit] during any week in which he or she is employed under a F549[scheme provided by the Minister] and known as the Rural Social Scheme.

[1993 s47(4)]

(6) A person shall be disqualified for receiving F547[jobseeker’s benefit] for a period not exceeding 9 weeks as may be determined under this Act where he or she—

(a) has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause,

F550[(b) has refused an offer of suitable employment,]

(c) F551[…]

(d) has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment, or

(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts 1967 to 2003, has been dismissed by his or her employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under those Acts or under an agreement with his or her employer,

and the period of disqualification shall begin on the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy, as the case may be, occurred.

(6A) F552[…]

[1993 s47(5)]

(7) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of F547[jobseeker’s benefit] and restrictions on the rate and duration of that benefit, where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

[1993 s47(6)]

(8) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person where it is—

(a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute,

(b) employment in the district where the person was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he or she habitually obtained in his or her usual employment in that district, or would have obtained had he or she continued to be so employed, or

(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.

68A. F553[Jobseeker’s benefit — disqualification for course of study.

68A.—(1) A person shall not be entitled to receive jobseeker’s benefit while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.

(2) In this section—

‘academic year’has the meaning assigned to it bysection 148;

‘a course of study’has the meaning assigned to it bysection 148;

‘institution of education’has the meaning assigned to it bysection 148.

(3) For the purposes of this section, a person shall be regarded, subject to regulations made undersubsection (1), as attending a course of study—

(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination of the Department of Education and Skills, whichever is the later,

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following year.]

F554[Chapter

68B. F555[Interpretation

68B.In this Chapter, save where the context otherwise requires,“payment week”means the period commencing on the Thursday of one week and ending on the Wednesday of the following week.]

68C. F556[Entitlement to benefit and qualifying conditions

68C.(1) Subject to this Act, a person shall be entitled to jobseeker’s benefit (self-employed) in respect of any payment week where—

F557[(a) in the week for which the benefit is claimed he or she—

(i) is under pensionable age, or

(ii) is a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),]

(b) he or she satisfies the contribution conditions insection 68D,

(c) subject tosection 68K(3), he or she is not engaged in self-employment,

(d) he or she is capable of work,

(e) he or she is genuinely seeking, but is unable to obtain, employment suitable for him or her having regard to his or her age, physique, education, normal occupation, place of residence and family circumstances, and

(f) he or she proves unemployment in the prescribed manner.

(2) For the purposes of this Chapter, the Minister shall make regulations specifying the circumstances in which a person is or is not to be regarded as being available for and genuinely seeking employment and these circumstances may vary in relation to—

(a) the person’s previous work experience,

(b) the period for which he or she has been unemployed, and

(c) the prevailing employment conditions.

(3) Without prejudice to the generality ofsubsection (1)(f), for the purposes of that subsection a person may prove unemployment and may make a declaration for that purpose, by means of an electronic communication, in the prescribed manner.

(4) Notwithstanding any other provision of this Chapter, where a person has 4 days, whether consecutive or not, of insurable employment in any payment week (other than any day when the person is employed as a retained fire fighter) he or she shall not be entitled to jobseeker’s benefit (self-employed) in respect of that week.]

68D. F558[Conditions for receipt

68D.(1) The contribution conditions for jobseeker’s benefit (self-employed) are that the claimant—

(a) (i) has employment contributions or optional contributions paid in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the week for which benefit is claimed, or

(ii) has self-employment contributions paid in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the week for which benefit is claimed,

(b) has self-employment contributions paid in respect of not less than 52 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the claim is made, and

(c) has reckonable weekly income in excess of€300 in the governing contribution year or has average reckonable weekly income specified inparagraphs (a)to(c)ofsubsection (4)in that year.

(2) Regulations may provide for modifications of the contribution conditions set out insubsection (1).

(3)Subsection (1)(c)shall not apply in the case of a claim for jobseeker’s benefit (self-employed) made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.

(4) For the purposes of the requirements ofsubsection (1)(c), a claimant—

(a) has average reckonable weekly income in the governing contribution year which does not exceed€149.99,

(b) has average reckonable weekly income in the governing contribution year which exceeds€149.99 but does not exceed€219.99, or

(c) has average reckonable weekly income in the governing contribution year which exceeds€219.99 but does not exceed€299.99.

(5) For the purposes ofsubsection (1)(c), the reckonable weekly income shall be calculated as the total reckonable income in the governing contribution year divided by the number of qualifying contributions in that governing contribution year.]

68E. F559[Rate of benefit

68E.(1) Subject to this Act, the weekly rate of jobseeker’s benefit (self-employed) shall be as set out incolumn (2)ofPart 1ofSchedule 2.

(2) Subject to this Act, and notwithstandingsubsection (1), in the case of a person to whomsubsection (2)or(6)ofsection 68Iorsubsection (1)or(4)ofsection 68Jrefers, the weekly rate of jobseeker’s benefit (self-employed) shall be reduced and accordingly shall be the weekly rate set out incolumn (2)ofPart 1ofSchedule 2which shall be reduced in each week byF560[€90].

(3) The weekly rate of payment of jobseeker’s benefit (self-employed), as provided for under this Chapter, shall be reduced by 20 per cent for each day of insurable employment the person has in the payment week.

(4) The total amount of jobseeker’s benefit (self-employed) payable under this section in any payment week shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.]

68F. F561[Rate of jobseeker’s benefit (self-employed) relating to certain average reckonable weekly earnings and certain periods

68F.(1) Subject to this Act, in the case of—

(a) a person with average reckonable weekly income specified insection 68D(4)(a), the weekly rate of jobseeker’s benefit (self-employed) shall beF562[€114.00],

(b) a person with average reckonable weekly income specified insection 68D(4)(b), the weekly rate of jobseeker’s benefit (self-employed) shall beF563[€163.70], and

(c) a person with average reckonable weekly income specified insection 68D(4)(c), the weekly rate of jobseeker’s benefit (self-employed) shall beF564[€198.90].

(2) Subject to this Act, notwithstandingsubsection (1), in the case of a person to whomsubsection (2)or(5)ofsection 68Iorsubsection (1)or(3)ofsection 68Jrefers, the weekly rate of jobseeker’s benefit (self-employed) shall be reduced and accordingly—

(a) in the case of a person referred to insubsection (1)(a), the weekly rate shall beF565[€73.60],

(b) in the case of a person referred to insubsection (1)(b), the weekly rate shall beF566[€105.70], and

(c)in the case of a person referred to insubsection (1)(c), the weekly rate shall beF567[€128.40].]

68G. F568[Increases for qualified adult and qualified children

68G.(1) Subject tosubsection (2), the weekly rate of jobseeker’s benefit (self-employed) shall be increased by the amount set out incolumn (3)ofPart 1ofSchedule 2for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

(2) In the case of a person referred to insection 68F, the weekly rate of jobseeker’s benefit (self-employed) shall be increased byF569[€109.20]for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

(3) The weekly rate of jobseeker’s benefit (self-employed) shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.

(4) Subject tosubsection (5), any increase of jobseeker’s benefit (self-employed) payable undersubsection (3)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult andsubsection (3)shall be read and have effect accordingly.

(5)Subsection (4)shall not apply and no increase of jobseeker’s benefit (self-employed) payable undersubsection (3)in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.]

68H. F570[Duration of payment

68H.(1) Subject to this Chapter, jobseeker’s benefit (self-employed) shall be payable for—

(a) 26 weeks to a person who has fewer than 260 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed, or

(b) 39 weeks to a person who has not less than 260 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed.

(2) Where a person entitled to jobseeker’s benefit (self-employed) has exhausted their right to jobseeker’s benefit (self-employed), he or she shall requalify for that benefit when—

(a) he or she has qualifying contributions in respect of 52 self-employment contribution weeks since the last week for which he or she was entitled to that benefit, and

(b) a minimum of 12 months has elapsed since the last week for which he or she was entitled to that benefit.

(3) Any week where a person is entitled to payment shall be treated as a week of unemployment and any 2 such weeks not separated by a period of more than 26 weeks shall be treated as the same claim.

(4) For the purposes of this Chapter, where a person receives—

(a) jobseeker’s allowance in respect of any week of unemployment, within the meaning ofsectionF571[141(3),]

(b) jobseeker’sF572[benefit, or]

F573[(c) jobseeker’s pay-related benefit,]

which includes any week in respect of which that person is entitled to jobseeker’s benefit (self-employed), that week shall be treated as though it were a week in respect of which jobseeker’s benefit (self-employed) was paid.

F574[(4A) For the purposes of this Chapter, where a person receives jobseeker’s pay-related benefit for any week of unemployment, that week shall be treated as though it were 6 days in respect of which jobseeker’s benefit (self-employed) was paid.]

(5) For the purposes of this section—

(a) any period in respect of which a person is disqualified for receiving jobseeker’s benefit (self-employed) by virtue ofsection 68Ior68Jshall be treated as though it were a period in respect of which jobseeker’s benefit (self-employed) was paid,

(b) where a person receives a payment in respect of a scheme administered by the Minister and known as the Short Term Enterprise Allowance Scheme in respect of any week of unemployment, which includes any day in respect of which that person is entitled to jobseeker’s benefit (self-employed), any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit (self-employed) was paid, and

(c) any day or days to whichsection 68E(3)apply will be added to the relevant periods specified insubsection (1)and the rate of payment in respect of each such day shall be one fifth of the applicable weekly rate.

(6) Notwithstandingsubsection (2)(b), in the case of a person whose entitlement to jobseeker’s benefit (self-employed) exhausts on or after the day on which the person attains the age of 65, that person shall continue to be entitled to that benefitF575[until he or she reaches pensionable age]for any week of unemployment provided that the person—

(a) has paid 52 qualifying self-employment contributions in the governing contribution year, and

(b) has qualifying contributions in respect of not less than 156 self-employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s benefit (self-employed) is claimed.]

F576[(7) Where a person is in receipt of jobseeker’s benefit (self-employed) immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she—

(a) was born on or after 1 January 1958, and

(b) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit (self-employed) after attaining pensionable age for any remaining period in which he or she is entitled to receive it.]

68I. F577[Refusal or failure to attend activation meetings relating to jobseeker’s benefit (self-employed)

68I.(1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s benefit (self-employed) requesting the person, at the time specified in the notice, to comply with the requirement specified inparagraph (a)or(b)ofsubsection (3).

(2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (1)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s benefit (self-employed) payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection 68E(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 68F(2).

(3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person—

(a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or

(b) attend for or submit to an assessment of that person’s education, training or development needs.

(4) Where jobseeker’s benefit (self-employed) is paid to a person at the weekly rate set out insection 68E(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 68F(2)on account of a refusal or failure to comply with the requirement specified in the notice undersubsection (1)for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.

(5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (4)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s benefit (self-employed) for any period of continued refusal or failure commencing on the date specified in the notice undersubsection (4), but such period of disqualification shall, subject tosubsection (6), not exceed 9 weeks.

(6) Nothing in this section shall preventsubsections (1)to(5)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (5)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (1), and

(b) that person continues, without good cause, to refuse or fail to comply with that requirement.

(7) A notice under this section shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

68J. F578[Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s benefit (self-employed)

68J.F579[(1) Where—

(a) as a consequence of attendance for, or submission to, an assessment in accordance withsection 68I(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of jobseeker’s benefit (self-employed) payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection 68E(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 68F(2).]

(2) Where jobseeker’s benefit (self-employed) is paid to a person at the weekly rate set out insection 68E(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 68F(2)on account of a refusal or failure referred to insubsection (1)—

(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to—

(a) comply with the requirement specified in the notice undersubsection (2)(a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b), that person shall be disqualified for receiving jobseeker’s benefit (self-employed) for any period of such refusal or failure commencing on—

(i) the date specified in the notice undersubsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b), as the case may be, but such period of disqualification shall, subject tosubsection (4), not exceed 9 weeks.

F580[(4) Nothing in this section shall preventsubsections (1)to(3)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (3)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to—

(i) comply with the requirement specified in the notice underparagraph (a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to inparagraph (b).]

(5) A notice under this section shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

68K. F581[ Disqualifications

68K.(1) A person shall be disqualified for receiving jobseeker’s benefit (self-employed) during any week in which he or she is employed under the schemes provided by the Minister and known as Community Employment or the Rural Social Scheme.

(2) A person shall not be entitled to receive jobseeker’s benefit (self-employed) while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.

(3) A person shall be disqualified for receiving jobseeker’s benefit (self-employed) for a period not exceeding 9 weeks where he or she has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of the sale or disposal of his or her self-employment business.

(4) In this section—

‘academic year’,‘course of study’and‘institution of education’have the meanings assigned to them bysection 148.

(5) For the purposes of this section, a person shall be regarded, subject to regulations made undersubsection (2), as attending a course of study—

(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination of the Department of Education and Skills, whichever is the later,

(b) for the duration of an academic year, or

(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following year.]

F582[Chapter

68KA. F583[Definitions (Chapter 12AA)

68KA.In this Chapter—

‘applicable period’ means a period constituted by a number of consecutive applicable weeks;

‘applicable week’ has the meaning given to it bysection 68KB(1);

‘relevant date’, in relation to a person, means the later of—

(a) the date on which regulations undersubsection (1)(a)or(2)ofsection 68KCare made in relation to the person, or

(b) such date after the making of regulations referred to inparagraph (a)as may be prescribed in such regulations, either generally or for one or more specific purposes.]

68KB. F584[Entitlement to benefit

68KB.(1) Subject to this Act, a person shall be entitled to jobseeker’s pay related benefit in respect of a period beginning on a Monday and ending on the Sunday following that Monday where—

(a) at the beginning of that period, the person is—

(i) under pensionable age, or

(ii) a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),

(b) the person satisfies the contribution conditions in or undersection 68KD,

(c) subject tosubsection (2), the person—

(i) is unemployed for the entirety of that period and proves such unemployment in the prescribed manner, or

(ii) subject to regulations undersection 68KC(2), sustains a substantial loss of employment during that period and proves such loss in the prescribed manner,

and

(d) the unemployment or loss, as the case may be, referred to inparagraph (c)begins on or after the relevant date,

and where a person is so entitled in relation to such a period, the period shall be referred to in this Chapter as an ‘applicable week’.

(2) For the purposes ofsubsection (1)(c)—

(a) a person shall not be considered to be unemployed or to have sustained a substantial loss of employment unless—

(i) the person is capable of work,

(ii) the person is, or by reason of participating in an activity prescribed for the purposes of this subsection and subject to the conditions that may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and

(iii) the person is genuinely seeking, but is unable to obtain, suitable employment having regard to the person’s age, physique, education, normal occupation, place of residence and family circumstances,

and

(b) a person shall not be considered to be unemployed where the person, during a period referred to insubsection (1)—

(i) engages in work in circumstances prescribed undersection 68KC(1)(b), or

(ii) subject to regulations undersection 68KC(4), carries out work of a casual nature.

(3) For the purposes ofsubsection (1)(c), a person may prove unemployment or loss, and may make a declaration for that purpose, by means of an electronic communication in the prescribed manner.]

68KC. F585[Regulations relevant to section 68KB

68KC.(1) The Minister shall, subject tosection 68KB(2), prescribe the circumstances in which—

(a) a class or classes of person are considered to be unemployed for the purposes of this Chapter,

(b) a class or classes of person are considered not to be unemployed for the purposes of this Chapter, and

(c) a class or classes of person are to be regarded, for the purposes of this Chapter, as carrying out work of a casual nature,

and in so prescribing the Minister may prescribe work, patterns of work, periods of work or types of work which, if engaged in by a person during a period, mean that the person shall be considered to be unemployed, or not to be unemployed, during that period.

(2) The Minister may, subject tosection 68KB(2), prescribe the circumstances in which a class or classes of person are considered to have sustained a substantial loss of employment for the purposes ofsection 68KB(1)(c)(ii).]

F586[(3) The Minister may prescribe the circumstances in which a class or classes of person are to be regarded as being available for or genuinely seeking employment for the purpose ofsection 68KB(2)(a)and, without prejudice tosubsection (6)(b), these circumstances may vary in relation to—

(a) the previous work experience of persons within the class,

(b) the period for which persons within the class have been unemployed, and

(c) the prevailing employment conditions.

(4) When making regulations undersubsection (1), the Minister may prescribe the circumstances in which a class or classes of person shall, notwithstandingsection 68KB(2)(b)(ii), be considered to be unemployed despite carrying out work of a casual nature.

(5) The Minister may prescribe circumstances in which a person shall be entitled to jobseeker’s pay-related benefit for a period that is less than the period referred to insection 68KB(1).]

F585[(6) The Minister—

(a) shall, when making regulations under this section in relation to a class of persons have regard to—

(i) the age of persons within the class,

(ii) the type, nature, duration or pattern of the employment or previous employment of persons within the class,

(iii) the nature or identity of the employer or employers of persons within the class,

(iv) typical employment patterns in the economic sector in which persons within the class are employed, are normally employed or were previously employed,

(v) the extent to which the persons within the class have lost, or are expected to lose, earnings or income,

(vi) the extent to which persons within the class have retained, or are expected to retain, levels of employment, and

(vii) the reason for which, and circumstances in which, persons within the class have lost employment,

and

(b) may, when prescribing circumstances under this section, prescribe different circumstances for different types of employment and different classes of person.]

68KD. F587[Conditions for receipt]

68KD. F588[(1) The contribution conditions for jobseeker’s pay-related benefit are that the claimant—

(a) has employment contributions or optional contributions paid in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the beginning of an applicable period,

(b) has employment contributions paid in respect of not less than 4 contribution weeks in the period of 10 contribution weeks immediately prior to the week in which the application for benefit is made, and

(c) has employment contributions paid in respect of not less than 26 contribution weeks in the period of 52 contribution weeks immediately prior to the beginning of an applicable period.]

F587[(2) Regulations may provide for modifications of the contribution conditions set out insubsection (1).]

68KE. F589[Rate of benefit]

F590[68KE.(1) Subject tosubsections (2)and(3), the amount payable by way of jobseeker’s pay-related benefit for any applicable week—

(a) in the case of a person who has no fewer than 260 contribution weeks in the period between his or her entry into insurance and the beginning of an applicable period, shall be as follows:

(i) for the first to the thirteenth applicable week (inclusive) in respect of which the benefit is claimed, 60 per cent of the person’s weekly reckonable earnings;

(ii) for the fourteenth to the twenty-sixth applicable week (inclusive) in respect of which the benefit is claimed, 55 per cent of the person’s weekly reckonable earnings;

(iii) for the twenty-seventh to the thirty-ninth applicable week (inclusive) in respect of which the benefit is claimed, 50 per cent of the person’s weekly reckonable earnings,

and

(b) in the case of a person who has fewer than 260 contribution weeks in the period between his or her entry into insurance and the beginning of the applicable period, shall be 50 per cent of the person’s weekly reckonable earnings.

(2) The amount payable to a person by way of jobseeker’s pay-related benefit in respect of an applicable week—

(a) shall not be less than €125, and

(b) shall not exceed the following amounts:

(i) €450 in the case of person to whomsubsection (1)(a)(i)applies;

(ii) €375 in the case of person to whomsubsection (1)(a)(ii)applies;

(iii) €300 in the case of person to whomsubsection (1)(a)(iii)applies;

(iv) €300 in the case of person to whomsubsection (1)(b)applies.

(3) In the case of a person to whomsubsection (2)or (6)ofsection 68KGorsubsection (1)or(4)ofsection 68KHapplies, the weekly rate of jobseeker’s pay-related benefit shall be reduced and accordingly shall be 80 per cent of the jobseeker’s pay-related benefit payment that would, but for this subsection, be payable to that person.

(4) Subject tosubsection (6), for the purpose of this section, a person’s reckonable weekly earnings shall be calculated based on the person’s reckonable earnings in the 52 week period ending 8 weeks before the first date of unemployment divided by the total number of qualifying contributions in that 52 week period.

(5) The total amount of jobseeker’s pay-related benefit payable at any time shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and shall be rounded down to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.]

F589[(6) Notwithstanding anything in this Chapter, the Minister may, subject tosubsection (7), prescribe an amount of jobseeker’s pay-related benefit other than an amount set out in this section that shall be payable to the following persons or classes of person:

(a) persons who are, or have been, in receipt of such benefit under this Act as the Minister may prescribe under such circumstances as the Minister may prescribe;

(b) persons to whom the Minister considers it appropriate, due to the type, nature, duration or pattern of the employment or previous employment of the persons or classes of person, for such amount to be payable.

(7) When making regulations undersubsection (6), the Minister—

(a) shall not prescribe a weekly amount that is—

(i) in the case of a person who is fully unemployed, less than the amount referred to insubsection (2)(a), or

(ii) greater than—

(I) €450 in the case of person to whomsubsection (1)(a)(i)applies;

(II) €375 in the case of person to whomsubsection (1)(a)(ii)applies;

(III) €300 in the case of person to whomsubsection (1)(a)(iii)applies;

IV) €300 in the case of person to whomsubsection (1)(b)applies,

(b) may prescribe—

(i) an amount payable on a daily basis, a weekly basis or such other basis as the Minister considers appropriate, and

(ii) the manner in which an amount payable shall be calculated,

and

(c) shall have regard to—

(i) the age of the persons or classes of person to whom the regulations relate,

(ii) the type, nature, duration or pattern of the employment or previous employment of the persons or classes of person to whom the regulations relate,

(iii) the nature or identity of the employer or employers of the persons or classes of person to whom the regulations relate,

(iv) typical employment patterns in the economic sector in which the persons or classes of person to whom the regulations relate are employed, are normally employed or were previously employed,

(v) the extent to which the persons or classes of person to whom the regulations relate are receiving, or have received, benefits under this Act,

(vi) the extent to which persons or classes of person to whom the regulations relate have lost, or are expected to lose, earnings or income,

(vii) the extent to which persons or classes of person to whom the regulations relate have retained, or are expected to retain, levels of employment, and

(viii) the cost to the Exchequer of any matter to be prescribed under this section, and the need to ensure a balanced and effective use of financial resources.]

68KF. F591[Duration of payment]

F592[68KF.(1) Unless otherwise provided for in or under this Act—

(a) a person shall be entitled to jobseeker’s pay-related benefit from the beginning of the first applicable week after the benefit is claimed, and

(b) jobseeker’s pay-related benefit shall be payable for no more than—

(i) 39 applicable weeks (whether consecutive or non-consecutive) to a person who has no fewer than 260 employment contributions paid in the period between his or her entry into insurance and the beginning of an applicable period, and

(ii) 26 applicable weeks (whether consecutive or non-consecutive) to a person who has fewer than 260 employment contributions paid in the period between his or her entry into insurance and the beginning of an applicable period.

(2) Where—

(a) a person receives a payment that is of any of the following kinds:

(i) jobseeker’s allowance in respect of any day in any week of unemployment within the meaning ofsection 141(3)where the person is entitled to jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit in respect of that week;

(ii) jobseeker’s benefit in respect of any day in any week of unemployment within the meaning ofChapter 12;

(iii) jobseeker’s benefit (self-employed) in respect of any week of unemployment within the meaning ofChapter 12A;

(iv) a payment for a period in respect of a scheme administered by the Minister and known as the Short Term Enterprise Allowance Scheme,

and

(b) the first day for which the payment referred to in any ofsubparagraphs (i)to(iv)ofparagraph (a)is claimed by the person is on or after the relevant date,

the week of unemployment or period, as the case may be, referred to in any ofsubparagraphs (i)to(iv)ofparagraph (a)shall be treated for the purposes ofsubsection (1)(b)as though it were an applicable week in respect of which jobseeker’s pay-related benefit was paid to the person.

(3) In relation to a person entitled to payment, any 2 or more consecutive applicable weeks separated by such number of weeks as may be prescribed shall be treated as the same claim.

(4) Notwithstandingsubsection (1)(b)or(5), a person shall requalify for jobseeker’s pay-related benefit when—

(a) the person satisfies the conditions set out insections 68KBand68KD, and

(b) either—

(i) a prescribed period has elapsed since the last applicable period for which the person was entitled to jobseeker’s pay-related benefit, jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s allowance in respect of any day in any week of unemployment (within the meaning ofsection 141(3)), or

(ii) jobseeker’s pay-related benefit, jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s allowance in respect of any day in any week of unemployment (within the meaning ofsection 141(3)) has not been paid to the person for a period that—

(I) begins on or after the relevant date, and

(II) exceeds a prescribed number of weeks within a prescribed period of no more than 104 weeks.]

F591[(5) The Minister may, in relation to—

(a) a person who satisfies the contribution conditions set out insection 68KDby virtue of having paid optional contributions, or

(b) a class or classes of person carrying out work of such type, nature, duration or pattern as may be prescribed,

prescribe a period of applicable weeks less than the periods referred to insubparagraph (i)or(ii)ofsubsection (1)(b).]

F592[(6) For the purposes of this Chapter, where a person is disqualified from receiving jobseeker’s pay-related benefit by virtue ofsection 68KI, the period of such disqualification shall be treated as though it were a period in respect of which jobseeker’s pay-related benefit was paid.

(7) Notwithstandingsubsection (1), in the case of a person whose entitlement to jobseeker’s pay-related benefit expires on or after the day on which the person attains the age of 65, that person shall continue to be entitled to that benefit for any week of unemployment until attaining pensionable age provided that the person has qualifying contributions in respect of not less than 156 employment contribution weeks in the period between his or her entry into insurance and the week for which jobseeker’s pay-related benefit is claimed.

(8) Where a person is in receipt of jobseeker’s pay-related benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless the person—

(a) was born on or after 1 January 1958, and

(b) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s pay-related benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.

(9) Subject tosubsection (1)(b), or such period as stands prescribed undersubsection (5), as the case may be, where a person in receipt of jobseeker’s pay-related benefit returns to employment or closes their jobseeker’s pay-related benefit claim during a week prior to the expiry of the period set out in or under those subsections, the payment to the person shall continue for the entirety of that week.

(10) Except where otherwise provided, when calculating the number of days a person is in receipt of jobseeker’s pay-related benefit, an applicable week shall be construed as a 6 day week beginning on the Monday of the week concerned and ending on the Sunday following that Monday.

(11) Notwithstandingsubsection (1), where the Minister prescribes a period undersection 68KC(5)in relation to a class of person, and that period is prescribed other than in terms of weeks, the Minister may prescribe the period for which jobseeker’s pay-related benefit shall be payable to such class, subject to such period not exceeding a number of days that is 6 times the number of weeks referred to insubsection (1)(b)that applies to that class.]

F591[(12) The Minister may, when prescribing a period undersubsection (3),(4)(b),(5)(b)or(8), prescribe different periods or numbers of weeks, as the case may be, in respect of different classes of person having regard to the type, nature, duration or pattern of the employment of such persons.]

68KG. F593[Refusal or failure to attend activation meetings relating to jobseeker’s pay related benefit

68KG.(1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s pay-related benefit requesting the person, at the time specified in the notice, to comply with the requirement specified inparagraph (a)or(b)ofsubsection (3).

(2) Where a person refuses or fails, without good cause, to comply with the requirement specified in a notice undersubsection (1)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s pay-related benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection 68KE(3).

(3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person—

(a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information which is intended to improve the person’s knowledge of the employment, work experience, education, training and development opportunities available to that person, or

(b) attend for or submit to an assessment of that person’s education, training or development needs.

(4) Where jobseeker’s pay-related benefit is paid to a person at the weekly rate set out insection 68KE(3)on account of a refusal or failure to comply with the requirement specified in the notice undersubsection (1)for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.

(5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (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 jobseeker’s pay-related benefit for any period of continued refusal or failure commencing on the date specified in the notice undersubsection (4), but such period of disqualification shall, subject tosubsection (6), not exceed 9 weeks.

(6) Nothing in this section shall preventsubsections (1)to(5)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (1), and

(b) that person continues, without good cause, to refuse or fail to comply with that requirement.

(7) A notice under this section shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

68KH. F594[Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s pay-related benefit

68KH.(1) Where—

(a) as a consequence of attendance for, or submission to, an assessment in accordance withsection 68KG(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of jobseeker’s pay-related benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection 68KE(3).

(2) Where jobseeker’s pay-related benefit is paid to a person at the weekly rate set out insection 68KE(3)on account of a refusal or failure referred to insubsection (1)—

(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to—

(a) comply with the requirement specified in the notice undersubsection (2)(a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

that person shall be disqualified for receiving jobseeker’s pay-related benefit for any period of such refusal or failure commencing on—

(i) the date specified in the notice undersubsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, but such period of disqualification shall, subject tosubsection (4), not exceed 9 weeks.

(4) Nothing in this section shall preventsubsections (1)to(3)being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance withsubsection (3)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to insubsection (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to insubsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to—

(i) comply with the requirement specified in the notice underparagraph (a)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to inparagraph (b).

(5) A notice under this section shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

68KI. F595[Disqualifications (jobseeker’s pay-related benefit)

68KI.(1) Subject tosubsection (2), a person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he or she was employed shall be disqualified for receiving jobseeker’s pay related benefit so long as the stoppage of work continues, except in a case where the person has, during the stoppage of work, becomebona fideemployed elsewhere in the occupation which he or she usually follows or has become regularly engaged in some other occupation.

(2)Subsection (1)shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

(3) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments, for the purposes ofsubsection (1), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

(4) A person shall be disqualified for receiving jobseeker’s pay-related benefit during any week in which he or she is employed under a scheme provided by the Minister and known as Community Employment.

(5) A person shall be disqualified for receiving jobseeker’s pay-related benefit during any week in which he or she is employed under a scheme provided by the Minister and known as the Rural Social Scheme.

(6) A person shall be disqualified for receiving jobseeker’s pay-related benefit, for a period not exceeding 9 weeks, where he or she—

(a) has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause,

(b) has refused an offer of suitable employment, or