Social Welfare Consolidation Act 2005

(ii) would have been entitled to a surviving civil partner’s (contributory) pension immediately before the passing of the Act of 2025 by virtue of the date of death of his or her civil partner preceding such passing,shall, on the passing of the Act of 2025, having satisfied the conditions insubsection (1)ofsection 124A, be regarded as being entitled to a bereaved partner’s pension.

(2) Notwithstanding the repeal ofsection 124bysection 7of the Act of 2025, a person who immediately before the passing of that Act was entitled to a pension in accordance withsubsection (4)ofsection 124, shall continue to be entitled to a pension as if that section was still in operation.

(3) In this section—

‘civil partner’s (contributory) pension’, ‘surviving civil partner’, ‘widow’, ‘widow’s (contributory) pension’, ‘widower’ and ‘widower’s (contributory) pension’ each have the same meaning as they had in this Act before the passing of the Act of 2025.]

125. Conditions for receipt. [1994 s11; 1996 s27(2) & Sch G]

125.—F768[(1) The contribution conditions for pension are—

(a) that the bereaved partner has qualifying contributions in respect of not less than 260 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant time, and

(b) that, where at the relevant time, 4 years or longer has elapsed since the bereaved partner’s entry into insurance—

(i) the yearly average for the 3 contribution years, or (where warranted by his or her insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his or her entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, where those conditions are not satisfied on the bereaved partner’s insurance record, they may be satisfied on his or her deceased partner’s insurance record, (the bereaved partner’s insurance record being disregarded).]

F769[(1A) Where the date of death occurs before 27 December 2013,subsection (1)(a)shall be read as if‘156’were substituted for‘260’.]

[1994 s11]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 123 or of the contribution conditions set out in this section.

[1994 s11; 1996 s27(2) & Sch G]

(3) Subject to subsection (4), regulations may provide for entitling to pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1)(b) is not satisfied.

[1994 s11]

(4) Regulations for the purposes of subsection (3) shall provide that pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rates specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(b) is satisfied, but any increase of pension payable under section 127(1) shall be the same as if that condition had been fully satisfied.

[1994 s11]

(5) Subject to subsection (6), regulations may provide for entitling to pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor, became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act 1973.

[1994 s11]

(6) Regulations for the purposes of subsection (5) shall provide that pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rates specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(b) is satisfied.

[1994 s11]

(7) Where a person becomes an employed contributor by virtue of paragraph (b) of section 12(1) and would not, apart from that paragraph, be an employed contributor, his or her entry into insurance by virtue of that paragraph is deemed not to be an entry into insurance for the purposes of subsection (1) and for those purposes the person's entry into insurance is deemed to occur when he or she first becomes an employed contributor by virtue of paragraph (a) of section 12(1).

[1994 s11]

(8) In the case of a person who became a self-employed contributor on 6 April 1988 and who at any time before that date was an employed contributor, the date on which the person first entered into insurance or 6 April 1988, whichever is more favourable, shall be regarded as the date of entry into insurance for the purposes of subsection (1)(b).

126. Rate of pension. [1994 s11; 1996 s27(2) & Sch G]

126.—Subject to this Act, the weekly rate of pension shall be as set out in column (2) of Part 1 of Schedule 2.

127. Increases (including increases for qualified children). [1994 s11; 1996 s27(2) & Sch G]

127.—F770[(1) The weekly rate of pension 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.]

[1994 s11; 1996 s27(2) & Sch G]

(2) The weekly rate of pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is living alone.

[1994 s11; 1996 s27(2) & Sch G]

(3) The weekly rate of pension shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.

[2001 s15(1)(h)]

(4) The weekly rate of pension shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.

128. Disregard of self-employment contributions in certain cases. [1994 s11; 1996 s27(2) & Sch G]

128.—(1) In the case of any claim for pension made on or after 6 April 1995, where the insurance record of a person who, having been a self-employed contributor, is being used to establish entitlement to pension, the contribution conditions contained in section 125 shall not be regarded as having been satisfied unless, in accordance with section 21—

(a) the person has paid self-employment contributions in respect of at least 1 contribution year before the relevant time, and

(b) all self-employment contributions payable by the person have been paid.

[1994 s11; 1995 s19(1)]

F771[(2) A pension shall not be payable in respect of any period preceding the date on which all self-employment contributions, referred to insubsection (1)(b), payable by the person concerned have been paid.]

F772[(3) Where the person has paid all contributions due undersubsection (1)(b)other than contributions payable in respect of the last complete contribution year before the relevant time,subsection (2)shall not apply in respect of such person.

(4)Subsection (2)shall not apply to a claim for pension made on or before 31 December 2009.]

129. Certain claims. [1994 s11; 1996 s27(2) & Sch G]

129.—(1) (a) Entitlement to pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5 January 1976 may be determined under the provisions of the Acts relating to social welfare in operation before 1 July 1974 where this would be to the advantage of the widow F773[or surviving civil partner].

[1994 s11]

(b) A widow who, under the provisions of the Acts relating to social welfare in operation before 1 July 1974, has been awarded a pension on the basis of her own or her spouse's insurance record at the date on which she or her spouse attained the then pensionable age shall on and after 1 July 1974 have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1994 s11; 1996 s27 & Sch G]

(2) (a) Entitlement to pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3 January 1977, may be determined under the provisions of the Acts relating to social welfare in operation before 1 April 1975 where this would be to the advantage of the widow F773[or surviving civil partner].

[1994 s11]

(b) A widow who, under the provisions of the Acts relating to social welfare in operation before 1 April 1975, has been awarded a pension on the basis of her own or her spouse's insurance record at the date on which she or her spouse attained the then pensionable age shall on and after 1 April 1975 have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1994 s11; 1996 s27 & Sch G]

(3) (a) Entitlement to pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1 January 1979 may be determined under the provisions of the Acts relating to social welfare in operation before 1 October 1977 where this would be to the advantage of the widow F773[or surviving civil partner].

[1994 s11]

(b) A widow who, under the provisions of the Acts relating to social welfare in operation before 1 October 1977, has been awarded a pension on the basis of her own or her spouse's insurance record at the date on which she or her spouse attained the then pensionable age shall on and after 1 October 1977 have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

Chapter 19

130. Entitlement to allowance. [1993 s106; 2003 (MP) s9(1)(a)]

130.—(1) Subject to this Act, F774[guardian’s payment (contributory)] shall be payable in respect of an orphan where the contribution condition in section 131 is satisfied.

[2003 (MP) s9(1)(a)]

F775[(2) Guardian’s payment (contributory) shall not be payable for any period during which a payment is made in respect of a child under Part VI of theChild Care Act 1991and regulations made thereunder.]

131. Condition for receipt. [1993 s107(1)]

131.—(1) The contribution condition for F776[guardian’s payment (contributory)] is that one of the following persons has qualifying contributions for not less than 26 contribution weeks—

(a) a parent of the orphan,

(b) a step-parent of the orphan.

[1993 s107(2)]

(2) Regulations may provide for modifications of the contribution condition set out in this section.

132. Rate of allowance. [1993 s108]

132.—Subject to this Part, the weekly rate of F777[guardian’s payment (contributory)] shall be as set out in Part 1 of Schedule 2.

133. Payment of allowance. [1993 s109(1)]

133.—(1) Subject to subsection (3), F778[guardian’s payment (contributory)] shall be paid to the guardian of the orphan in respect of whom the F779[payment] is payable.

[2005 (SW&P) s19(a)]

(2) In this Chapter “guardian” means the person in whose care an orphan normally resides.

[1993 s109(2); 2005 (SW&P) s19(a)]

(3) The Minister may, where he or she thinks fit, direct that a payment under this Chapter, payable to the guardian of an orphan, be paid to some other person for the benefit of the orphan or, subject to the conditions and in the circumstances that may be prescribed, directly to an orphan who has attained the age of 18 years where that orphan is not normally residing with a guardian.

Chapter 20

134. Entitlement to grant. [1999 s19(1)]

134.—F780[(1) Subject to this Act, a bereavement grant shall be payable to the person or persons that may be prescribed—

(a) on the death, before 1 January 2014, of—

(i) a pensioner,

(ii) a qualified adult,

(iii) a spouse, civil partner or cohabitant of a pensioner,

(iv) a qualified child in respect of whom an increase of pension specified inparagraphs (a)to(f)in the definition of‘pensioner’insubsection (3)was being paid at the time of death,

(v) an orphan, or

(vi) a person to whom a guardian’s payment (contributory) is payable undersection 133,

or

(b) where the contribution conditions insection 135are satisfied, on the death, before 1 January 2014, of—

(i) an insured person,

(ii) the spouse, civil partner or cohabitant of an insured person,

(iii) the widow, widower or surviving civil partner of a deceased insured person, or

(iv) a qualified child other than a qualified child referred to inparagraph (a)(iv).]

[1999 s19(1)]

(2) Only one bereavement grant shall be paid by virtue of this section on any one death.

[1999 s19(1)]

(3) In this Chapter—

“orphan” means a person in respect of whom F781[a guardian’s payment (contributory)] is payable under Chapter 19;

“pensioner” means a person who, at the time of his or her death, was in receipt of one of the following payments—

(a) F782[State pension (contributory)],

(b) F783[State pension (transition)],

(c) invalidity pension,

(d) widow's (contributory) pension,

(e) widower's (contributory) pension, F784[…]

(f) deserted wife's benefit, F785[or]

F786[(g) surviving civil partner’s (contributory) pension]

or would have been in receipt of one of those payments but for receipt by the person of an F787[State pension (non-contributory)], a blind pension, a widow's (non-contributory) pension or widower's (non-contributory) pension F788[a surviving civil partner’s (non-contributory) pension or a carer’s allowance at a higher rate];

“qualified adult” means a person in respect of whom an increase of benefit specified in paragraphs (a) to (c) in the definition of “pensioner” was being paid at the time of death, or in respect of whom that increase would have been payable but for the receipt by the qualified adult of F787[a State pension (non-contributory)], a blind pension or a carer's allowance in his or her own right;

F789[‘qualified child’, insection 134(1)(b),means—

(a) a person—

(i) who, at the date of death, is under the age of 18 years or over the age of 18 years and under the age of 22 years, and is receiving full-time education, the circumstances of which will be specified in regulations,

(ii) who is ordinarily resident in the State on that date, and

(iii) in respect of whose death the relevant contribution conditions for bereavement grant are not satisfied by the person’s insurance or the insurance of that person’s spouseF790[or civil partner],

or

(b) a person who, at the date of death, is over the age of 16 years and under the age of 22 years and is in receipt of disability allowance.]

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“relevant insured person” means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of the deceased person,

(ii) the person with whom the deceased person at the date of death is determined, in accordance with regulations made under section 3(5), to have been normally residing or with whom he or she would have been normally so residing if he or she had not been committed to a F791[children detention school], or

(iii) the spouse F792[or, civil partner] of the person referred to in subparagraph (ii),

or

(b) in any other case, the deceased person or the spouse F792[or, civil partner] of the deceased person;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in F793[section 135(1)(b)(ii)and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.]

135. Conditions for receipt. [1999 s19(1); 2005 (SW&P) s11(g)]

135.—(1) The contribution conditions for a bereavement grant are that before the relevant date the relevant insured person has qualifying contributions in respect of not less than—

(a) 156 contribution weeks since his or her entry into insurance, or

(b) 26 contribution weeks since his or her entry into insurance, and

(i) has qualifying contributions, voluntary contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or

(ii) has a yearly average of 39 qualifying contributions, voluntary contributions or credited contributions for the 3 or 5 complete contribution years immediately before the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or

(iii) has a yearly average of 26 qualifying contributions, voluntary contributions or credited contributions since his or her entry into insurance or the beginning of the contribution year beginning on 6 April 1979 (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or

(iv) has a yearly average of 26 qualifying contributions, voluntary contributions or credited contributions since his or her entry into insurance or the beginning of the contribution year next following 1 October 1970 (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs.

[1999 s19(1)]

(2) Regulations may provide for modifications of the contribution conditions for receipt of bereavement grant.

[1999 s19(1)]

(3) Regulations may provide for modifications of the contribution conditions for bereavement grant in the case of a person who was an insured person on 1 October 1970 and who, during the year after that date, was absent from the State for any period or was credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 25(1)(b)(ii).

136. Amount of grant. [1999 s19(1)]

136.—Subject to this Act, the amount of bereavement grant shall be as set out in column (2) of Part 5 of Schedule 2.

F794[Chapter 21

137. F795[Entitlement to bereaved parent grant

137.(1) Subject to this Act, a grant (in this section referred to as a ‘bereaved parent grant’) of €8,000, or any higher amount that may be prescribed, shall be paid to a bereaved partner on the death, on or after the passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, of his or her spouse, civil partner or qualified cohabitant, as the case may be, where the bereaved partner is entitled to or in receipt of—

(a) death benefit undersection 81,

(b) bereaved partner’s (contributory) pension underChapter 18ofPart 2,

(c) bereaved partner’s (contributory) pension underChapter 18ofPart 2by virtue of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004^1on the coordination of social security systems, or by virtue of a reciprocal arrangement undersection 287,

(d) one-parent family payment,

(e) State pension (contributory), or

(f) State pension (non-contributory),

which includes an increase in respect of a qualified child.

(2) In this Chapter—

‘spouse’ has the meaning given to it insection 123;

‘bereaved partner’ means a bereaved partner (within the meaning ofChapter 18)—

(a) who has at least one qualified child who normally resides with him or her at the date of death of his or her spouse, civil partner (within the meaning ofChapter 18) or qualified cohabitant, as the case may be, or

(b) whose child is born within 10 months of the date of death of her spouse, civil partner or qualified cohabitant, as the case may be.]

Chapter 22

138. General provisions as to benefit. [1993 s117(1)]

138.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.

[1993 s117(2)]

F796[(2) The regulations, for the purposes of this section, may specify the payment of the whole or any part of the cost of any of the following:

F797[(a) dental treatment;]

F798[(b) optical treatment and appliances;]

(c) appliances provided under the scheme commonly known as the Medical Appliances SchemeF799[;]

F800[(d) non-surgical hair replacement for persons suffering from hair loss (other than physiological hair loss) resulting from a disease, or treatment for a disease.]]

[1993 s117(3)]

(3) The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed on between the Minister and the Minister for Finance.

[1993 s117(4)]

(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.

[1993 s117(5)]

(5) The Minister may by order appoint a day to be the day on which this section expires.

PART 3 Social Assistance

Chapter 1

139. Description of assistance. [1993 s118(1); 2000 s14 & Sch D]

139.—(1) Assistance under this Part shall be of the following descriptions and is, in each case, so described in this Act—

(a) F801[jobseeker’s allowance],

(b) pre-retirement allowance,

(c) F802[State pension (non-contributory)],

(d) blind pension,

F803[(e) bereaved partner’s (non-contributory) pension and guardian’s payment (non-contributory),]

F804[(f) bereaved parent grant (paid by virtue of one-parent family payment or State pension (non-contributory) under this Part),]

(g) one-parent family payment,

(h) carer's allowance,

F805[(ha) domiciliary care allowance.]

(i) supplementary welfare allowance,

(j) disability allowance, and

(k) farm assist.

[1993 s118(2)]

(2) Assistance shall be paid out of moneys provided by the Oireachtas.

Chapter 2

140. Interpretation. [1993 s119(1); 2005 (SW&P) s25 & Sch 3]

140.—(1) In this Chapter—

“beneficiary” means a person entitled to F807[jobseeker’s allowance];

“weekly means”, 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 €1 where it is a multiple of 50 cent but not also a multiple of €1 and shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

[1993 s119(2); 2005 (SW&P) s25 & Sch 3]

(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.

F808[(2A) Notwithstandingsubsection (2)andRule 1(1)ofPart 2ofSchedule 3, in this Chapter any amount of jobseeker’s pay-related benefit payable underChapter 12AAofPart 2to the spouse, civil partner or cohabitant of a claimant for jobseeker’s allowance shall be treated as if it were means.]

[1993 s119(3)]

(3) Where, immediately before 29 July 1992, a person was entitled to or in receipt of F807[jobseeker’s 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).

141. Entitlement to assistance. [1993 s120(1); 1996 s22(1)]

141.—(1) Subject to this Act, a person shall be entitled to F809[jobseeker’s allowance] in respect of any week of unemployment where—

(a) the person has attained the age of 18 years and has not attained pensionable age,

(b) the person proves unemployment in the prescribed manner, and

(c) the person's weekly means, subject to subsection (2)(d), do not exceed the amount of F809[jobseeker’s allowance] (including any increases of F809[jobseeker’s allowance]) that would be payable to the person under this Chapter if that person had no means.

F810[(1A) Without prejudice to the generality ofsubsection (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.]

[1993 s120(2); 1997 s30(2)(a)]

F811[(2) (a) Otherwise than as provided for in regulations, a person shall not be entitled toF809[jobseeker’s allowance]in respect of the first 3 days of unemployment in any continuous period of unemployment.]

(b) For the purpose of this section, any period before the relevant date of application for F809[jobseeker’s allowance] shall not be reckoned as, or as part of, a continuous period of unemployment.

(c) Any period during which a person is disqualified for receiving F809[jobseeker’s allowance] shall not be reckoned in the computation of any continuous period of unemployment of that person.

F812[(ca) Where the spouseF813[, civil partner or cohabitant]of a claimant for jobseeker’s allowance is a spouseF813[, civil partner or cohabitant]referred to inPart 6, and is in receipt of a payment underPart 6, the means of the claimant shall be taken to be one-half the means.]

[1997 s28(1)]

F814[(d) Subject to paragraph (e), where the spouseF813[, civil partner or cohabitant]of a claimant for jobseeker’s allowance is a spouseF813[, civil partner or cohabitant]referred to in any ofsubparagraphs (iii)to(vii)ofF815[section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay-related benefit,]the means of the claimant shall be taken to be one-half the means.]

F816[(e) Notwithstandingparagraph (d), where, in the 4 weeks immediately before the commencement ofsection 9of theSocial Welfare and Pensions Act 2007a person was entitled to or in receipt of jobseeker’s allowance in respect of any day of unemployment and the spouse of the claimant for jobseeker’s allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made undersection 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance withparagraph (d), whichever is the more favourable.

(f) Where the means of a claimant are calculated at any time in accordance withparagraph (e)and are subsequently calculated in accordance withparagraph (d),paragraph (e)shall no longer apply to the claimant.

(g) Where for any period of not less than 4 consecutive weeks after the commencement ofsection 9of theSocial Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance withparagraph (e)ceases to be entitled to or in receipt of jobseeker’s allowance,paragraph (d)shall apply to any subsequent claims.]

[1993 s120(3); 1996 s22(1)]

(3) F817[Subject tosubsection (3A), in this Chapter,], any F818[4 days] of unemployment, whether consecutive or not, within a period of F819[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.

F820[(3A) For the purposes of this section—

(a) jobseeker’s allowance shall be paid for the payment week in which the last day of unemployment, which forms a week of unemployment, falls,

(b) where in any payment week jobseeker’s allowance is payable in respect of a week of unemployment—

(i) any day of unemployment which forms part of such week of unemployment, but which does not fall within that payment week, and

(ii) any other day of unemployment occurring in that payment week,

shall not be taken into account in establishing any other week of unemployment, and

F821[(c) where, in any payment week, jobseeker’s 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.]]

F822[(3B) Notwithstandingsubsection (3), for the purposes of payment of jobseeker’s allowance, insubsection (3A), ‘payment week’ shall be construed as a 6 day week commencing on the Wednesday of one week and ending on the Tuesday of the following week.]

F823[(3C) For the purposes ofsection 67(8), where in any week of unemployment a person is entitled to jobseeker’s allowance—

(a) in respect of 7 days of unemployment, the number of days of unemployment in respect of which jobseeker’s allowance shall be treated as though it were a day in respect of which jobseeker’s benefit was paid shall be 6, and

(b) in respect of less than 7 days of unemployment, the number of days of unemployment in respect of which jobseeker’s allowance shall be treated as though it were a day in respect of which jobseeker’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.]

F824[(3D) Where, in any applicable week (within the meaning ofChapter 12AA)—

(a) a person is entitled to jobseeker’s allowance in respect of 7 days of unemployment, the person shall be deemed for the purposes ofsection 68KF(2)(a)(i)to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, and

(b) a person is entitled to jobseeker’s allowance in respect of less than 7 days of unemployment, the person shall be deemed for the purposes ofsection 68KF(2)(a)(i)to have been paid jobseeker’s pay-related benefit in respect of 6 days of unemployment, less the number of days in that applicable week that do not form part of a continuous period of unemployment.]

[1996 s22(1)]

(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—

(a) is capable of work,

F825[(b) is, or by reason of the person’s 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]

F826[(c) is genuinely seeking, but is unable to obtain, suitable employment having regard to the person’s age, physique, education, normal occupation, place of residence andF827[family circumstances.]]

F828[(d)F829[…]]

[1993 s120(4)]

(5) F830[…]

[1993 s120(5); 2005 (SW&P) s12(b)]

(6) Notwithstanding subsection (3), any period of continuous—

(a) employment under a F831[scheme provided by the Minister and known as Community Employment],

(b) employment under a F832[scheme provided by the Minister] and known as the Rural Social Scheme,

(c) F833[…]

(d) F833[…]

F834[(e) attendance at an approved course of training,]

(f) participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative,

(g) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,

(h) participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

(i) participation in, employment under or attendance at a prescribed scheme or course, or

(j) receipt of or entitlement to pre-retirement allowance,

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.

[1993 s120(6)]

(7) Regulations may make provision as to the days which are or are not to be treated for the purposes of F809[jobseeker’s allowance] as days of unemployment.

[1993 s120(7)]

(8) Subsection (2)(a) shall not apply in relation to the payment of F809[jobseeker’s allowance] to a person who ceased, not earlier than 52 weeks before the day in respect of which his or her application for F809[jobseeker’s allowance] is made, to be entitled to F835[jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit]—

(a) by reason of having, by virtue of or section F836[67,68Hor68KF, or regulations undersection 68KF], exhausted his or her entitlement to that benefit, or

(b) where the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition in section F837[64(1)(b),68D(1)(b)or68KD(1)(b)].

[2004 (MP) s17 & Sch 1; 2005 (SW& P) s26 & Sch 4]

(9) A person shall not be entitled to F809[jobseeker’s allowance] under this section unless he or she is habitually resident in the State F838[…].

141A. F839[Refusal or failure to attend activation meetings relating to jobseeker’s allowance

141A.(1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s allowance 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 allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection F840[142(1A)or, as the case may be,section 142A(1A)].

(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 allowance is paid to a person at the weekly rate set out insection F840[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 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 allowance 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 13of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker’s allowance is being paid to a person at the weekly rate set out insectionF840[142(1A)or, as the case may be,section 142A(1A)]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)of this subsection, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.]

141B. F841[Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s allowance

141B.(1) Where—

(a) as a consequence of attendance for or submission to an assessment in accordance withsection 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—

(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 allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insectionF842[142(1A)or, as the case may be,section 142A(1A)].

(2) Where jobseeker’s allowance is paid to a person at the weekly rate set out insectionF842[142(1A)or, as the case may be,section 142A(1A)]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 allowance 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).]

141C. F843[Giving of notice under section 141A or 141B

141C.A notice undersection 141Aor141Bshall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.]

142. Rates of assistance and effect of means on rates. [1993 s121(1)]

142.—(1) Subject to this section and to F844[sectionsF845[142A,144]and146,] the rate (in this Chapter referred to as “the scheduled rate”) of F846[jobseeker’s allowance] shall be—

[1995 s16]

(a) in the case of a person who—

(i) in any continuous period of unemployment, as read in accordance with section 141(3), has been in receipt of F847[jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay-related benefit] in respect of not less than 390 days of unemployment, or

(ii) immediately before the week of unemployment for which F846[jobseeker’s allowance] is claimed, was in receipt of—

(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

F848[(IA) widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’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 ofsection 162(1), or]

(II) carer'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),

the weekly rate set out in column (2) at reference 1(a) in Part 1 of Schedule 4, F849[increased by the amount set out incolumn (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 incolumn (4)of that Part opposite that reference in respect of each qualified childF850[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 incolumn (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]]

(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—

(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 F851[allowance] under this subparagraph in respect of more than one person, and

F852[(ii) the appropriate amount set out—

(I) incolumn (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

(II) incolumn (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.]

F853[(1A) Subject to this Act and notwithstandingsubsection (1), in the case of a person to whomF854[subsection (2)or(6)ofsection 141Aorsubsection (1)or(4)ofsection 141B]refers, the scheduled rate of jobseeker’s allowance shall be reduced and accordingly shall be the weekly rate as set out incolumn (2)atreference 1(b)ofPart 1ofSchedule 4which shall be reduced in each week byF855[€90], increased by—

(a) the amount set out incolumn (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

F856[(b) the appropriate amount set out—

(i) incolumn (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

(ii) incolumn (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.]]

[1993 s121(2); 2001 s37(3)(a)]

(2) (a) Subject to paragraph (b), F846[jobseeker’s allowance] shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than €1, at the scheduled rate,

(ii) are equal to €1, at the scheduled rate reduced by €1, and

(iii) exceed €1, at the scheduled rate, reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.

(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no F846[jobseeker’s allowance] shall be payable.

[1993 s121(3); 2005 (SW&P) s25 & Sch 3]

(3) Notwithstanding F857[subsection (2)(a)(iii)andsection 142A(a)(iii),] where the sole means of a claimant for F846[jobseeker’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 F851[allowance] payable to or in respect of the claimant, as calculated in accordance with subsection (2)(a)(iii), F858[section 142A(2)(a)(iii)orsection 142B(2)(a)(iii)] would be a weekly amount which is 10 cent or more, but less than €40, the claimant shall be entitled to payment of F846[jobseeker’s allowance] at the weekly rate of €40.

[1993 s121(4)]

F859[(4) Insubsection (3),‘couple’means—

(a) a married couple who are living together,

(b) both civil partners of a civil partnership who are living together, or

(c) both cohabitants.]

[1993 s121(4); 2005 (SW&P) s25 & Sch 3]

[1993 s121(5); 2001 s37 & Sch F]

(5) F860[…]

[1993 s121(6); 2001 s37 & Sch F]

(6) F860[…]

[1993 s121(7)]

(7) F860[…]

142A. F861[Rates of assistance — ages 18 and 19 years.

142A.—(1) Notwithstandingsection 142(1), in the case of a person who—

(a) has attained the age of 18 years and has not attained the age ofF862[25]years,

(b) is not a person referred to insection 142(1)(a)(ii)(as amended bysection 20of theSocial Welfare and Pensions Act 2007), and

(c) is not entitled to an increase in respect of a qualified child,

the scheduled rate of jobseeker’s allowance shall be the weekly rate set out incolumn (2)atreference 1(c)inPart 1ofSchedule 4, (as inserted bysection 11(a) of the Social Welfare and Pensions Act 2009) increased by the amount set out incolumn (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.

F863[(1A) Subject to this Act and notwithstandingsubsection (1), in the case of a person to whomF864[subsection (2)or(6)ofsection 141Aorsubsection (1)or(4)ofsection 141B]refers, the scheduled rate of jobseeker’s allowance shall be reduced and accordingly shall be the weekly rate as set out incolumn (2)atreference 1(c)ofPart 1ofSchedule 4which shall be reduced in each week byF865[€50], increased by the amount set out incolumn (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.]

(2) (a) In the case of a person referred to insubsection (1)F863[orsubsection (1A)], and subject toparagraph (b), jobseeker’s allowance shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than€1, at the scheduled rate,

(ii) are equal to€1, at the scheduled rate reduced by€1, and

(iii) exceed€1, at the scheduled rate, reduced by€1 for each amount (if any) of€1 by which those weekly means exceed€1.

(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no jobseeker’s allowance shall be payable.

(3)Section 144shall not apply to payments made in accordance with this section.

(4) This section shall not apply in the case of a claim for jobseeker’s allowance where—

F866[(a) theF867[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,]

F868[(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,]

F869[(ab) the period of unemployment commenced on or before 14 January 2014 and the claimant was a person—

(i) who, on or before that date, attained the age of 22 years and had not attained the age of 25 years, and

(ii) to whom, on or before 14 January 2014,section 142Bapplied,]

(b)F870[…]

(c) a claimant was in receipt of disability allowance immediately before he or she makes the claim under this section,F871[…]

(d) a claimant has attained the age of 18 years and has not attained the age ofF872[25]years and at any time during the period of 12 months before he or she has so attained the age of 18 years—

(i) he or she was in or was placed in the care of the Executive pursuant to an order of the High Court, or

(ii) he or she was in or was placed in the care of the Executive—

(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 bysection 16of theChildren Act 2001) or VI of theChild Care Act 1991,

(II) under a voluntary care arrangement pursuant tosection 4of theChild Care Act 1991, or

(III) under an accommodation arrangement pursuant tosection 5of theF873[Child Care Act 1991, or]]

F874[(e) a claimant is in receipt, in his or her own right, of—

(i) rent supplement payable in accordance withsection 198(3),

(ii) housing assistance, in accordance with Part 4 of theHousing (Miscellaneous Provisions) Act 2014, or

(iii) social housing support within the meaning of theHousing (Miscellaneous Provisions) Act 2009.]

142B. F878[Rates of assistance — ages 22 to 24 years.

142B.—F879[…]]

143. Regulations. [1996 s22(3)]

143.—Regulations may entitle a person to F880[jobseeker’s allowance] in respect of a day of unemployment and the amount of F880[jobseeker’s allowance] so payable for any such day shall be one-sixth of the appropriate weekly rate.

144. Total amount payable to a couple. [1993 s122(1); 1999 s32(1)(a)]

144.—(1) In the case of a couple, where each of the couple is entitled to F881[jobseeker’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 F881[jobseeker’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 F881[jobseeker’s allowance] or pre-retirement allowance as the case may be.

(2) (a) In this subsection “relevant benefit or pension” means F882[illness benefit], F883[jobseeker’s benefit], F884[jobseeker’s benefit (self-employed),] injury benefit, disablement pension, F885[State pension (contributory)], F886[State pension (non-contributory)], F887[State pension (transition)] or invalidity pension.

[1993 s122(4); 1999 s32(1)(b)]

(b) Where one of a couple is entitled to a relevant benefit or pension and the other is entitled to F881[jobseeker’s allowance], the total of the amount payable to them by way of the relevant benefit or pension, as the case may be, and F881[jobseeker’s allowance] (in this subsection referred to as “the relevant amount”), 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 F881[jobseeker’s allowance] (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as “the greater amount”), that would be payable if only one of the couple were in receipt of the relevant benefit or pension or F881[jobseeker’s allowance], as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of F881[jobseeker’s allowance] payable to the spouse F888[, civil partner or cohabitant] who is entitled to F881[jobseeker’s allowance] shall be reduced by the amount of the excess.

F889[(c) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay-related benefit and the other is entitled to jobseeker’s allowance, the total of the amount payable to them by way of jobseeker’s pay-related benefit and jobseeker’s allowance combined shall not be less than the total amount of jobseeker’s allowance (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance.

(d) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter,paragraph (c)shall not apply in respect of such other means.]

[1995 s16(3)(a)]

(3) In this section—

[1993 s122(5)]

F890[‘couple’means—

(a) a married couple who are living together,

(b) both civil partners of the same civil partnership who are living together, or

(c)F891[both cohabitants;]]

[1993 s122(6)]

“spouse” means each person of a couple in relation to the other.

F892[(3A) In this section—

(a) a reference to a civil partner is a reference to each civil partner of a couple in relation to the other, and

(b) a reference to a cohabitant is a reference to each cohabitant in relation to the other.]

F894[(4) For the purposes of this section, a reference to ‘jobseeker’s allowance’ shall be read as including a reference to pre-retirement allowance.]

[1993 s122(7)]

(4) For the purposes of this section, a reference to “F881[jobseeker’s allowance]” shall be read as including a reference to pre-retirement allowance.

[1994 s27]

(5) F895[…]

145. Certain claims. [1993 s123(1)]

145.—(1) A person who, on or after 9 May 1989, claims or has claimed, in respect of a period before 7 June 1989, F896[jobseeker’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 F897[allowance] only in accordance with section 144.

[1993 s123(2)]

(2) (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 F896[jobseeker’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.

(b) In paragraph (a) “claimed” means claimed in writing from the Minister or claimed in proceedings instituted against the Minister in any court.

[1993 s123(3)]

(3) An amount properly paid to any person before 7 June 1989 by way of F896[jobseeker’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.

146. F898[Amount of increases payable in respect of qualified child in certain cases.] [1993 s124; 1997 s28(4) & Sch F]

F898[146.—Any increase of jobseeker’s allowance payable undersection 142(1)in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouseF899[, 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 spouseF899[, civil partner or cohabitant]of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouseF899[, civil partner or cohabitant]referred to insection 141(2)(d),

andsection 142(1)shall be read and have effect accordingly.]

147. Disqualifications. [1993 s125(1); 2005 (SW&P) s13(b)]

147.—(1) A person shall be disqualified for receiving F900[jobseeker’s allowance] while he or she is—

(a) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority,

(b) employed during any week under a F901[scheme provided by the Minister and known as Community Employment], or

(c) employed during any week under a F902[scheme provided by the Minister] and known as the Rural Social Scheme.

[1993 s125(3)]

(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 F900[jobseeker’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.

[1993 s125(4)]

(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.

[1993 s125(5)]

(4) A person shall be disqualified for receiving F900[jobseeker’s allowance] for the period that may be determined by a deciding officer, but in any case not exceeding 9 weeks, where the person—

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

F903[(b) has refused an offer of suitable employment,]

(c) F904[…]

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

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.

F905[(4A)F906[…]]

[1993 s125(6)]

(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.

[1993 s125(7)]

F907[(6) Jobseeker’s allowance shall not be payable in respect of the same day or days as any of the following benefits:

(a) jobseeker’s benefit;

(b) jobseeker’s benefit (self-employed);

(c) jobseeker’s pay-related benefit.]

148. Disqualifications —attending a course of study. [1993 s126(1)]

148.—(1) A person shall not be entitled to receive F908[jobseeker’s 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.

[1993 s126(2); 2005 (SW&P) s26 & Sch 4]

(2) In this section—

“academic year” means a period in which a course of study begins in one year and finishes in the following year and includes term vacations;

“a course of study” means F909[…] a full-time day course of study, instruction or training F910[which may take place over more than one academic year] at an institution of education;

“institution of education” means—

(a) a school,

(b) F911[…]

(c) F911[…]

F912[(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,]

(e) F913[…]

(f) F911[…]

(g) F911[…]

F912[(h) any institution which is not an institution for the purposes ofparagraph (a)or(d)and which is an ‘approved institution’ 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]

(i) any other institution that may be prescribed.

[1993 s126(3)]

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

(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination of the Department of Education and Science, 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 academic year.

148A. F914[Entitlement to jobseeker’s allowance in certain circumstances

148A.F915[(1) This section applies—

(a) to a person who, during the period for which jobseeker’s allowance is being claimed under this section—

(i) is not entitled to one-parent family payment, and

(ii) would be entitled to one-parent family payment but for the fact that the youngest child has attained the age specified inparagraph (b)of the definition of‘relevant age’insection 172(1),

and

(b) where the youngest child, referred to inparagraph (a)(ii), has not attained the age of 14 years.]

(2) Subject to this section, a person to whom this section applies shall be entitled to jobseeker’s allowance in respect of any week of unemployment, as construed in accordance withsubsection (4)(b), where that person makes a declaration in such manner as may be prescribed that he or she—

(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

(b) is not a cohabitant.

(3) Without prejudice to the generality ofsubsection (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.

(4) In the case of a person to whom this section applies,Chapter 2ofPart 3shall be read as if—

(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)and148do not apply,

(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 inChapter 2ofPart 3to a week of unemployment, to being continuously unemployed or to continuous unemployment shall be read accordingly, and

(c) the reference to a day or days of unemployment insections 141(3C),141(4),141(7)and143were to any day or days in a week of unemployment as construed in accordance withparagraph (b).

(5)F916[…]]

Chapter 3

149. Entitlement to allowance. [1998 s18]

149.—(1) Subject to this Act, an allowance (in this Chapter referred to as “pre-retirement allowance”) shall be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(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

(c) (i) who has been in receipt of F917[jobseeker’s benefit] or F918[jobseeker’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),

(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

F919[(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]

(iii) immediately before the week in respect of which pre-retirement allowance is claimed, was in receipt of—

(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

(II) carer'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).

[1998 s18]

(2) (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.

F920[(aa) For the purposes ofsubsection (1)(c)(iia)and subject tosection 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.]

F921[(b) Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whomsubsection (1)(c)(ii)orsubsection (1)(c)(iia)applies, unless that person marries, remarries, enters into a civil partnership or a new civil partnership or is a cohabitant.]

[1998 s18; 2005 (SW&P) s25 & Sch 3]

(3) (a) In this Chapter “weekly means” 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.

(b) The amount calculated in accordance with paragraph (a) shall be rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

F922[(3A) Where the spouseF923[, civil partner or cohabitant]of a claimant for pre-retirement allowance is a spouseF923[, civil partner or cohabitant]referred to inPart 6, and is in receipt of a payment underPart 6, the means of the claimant shall be taken to be one-half the means.]

[1998 s18]

F924[(4) Subject tosubsection (4A), where the spouseF923[, civil partner or cohabitant]of a claimant for pre-retirement allowance is a spouseF923[, civil partner or cohabitant]referred to in any ofsubparagraphs (iii)to(vii)ofsection 2(2)(a), the means of the claimant shall be taken to be one-half the means.]

F925[(4A) Notwithstandingsubsection (4), where, in the 4 weeks immediately before the commencement ofsection 9of 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’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made undersection 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance withsubsection (4), whichever is the more favourable.

(4B) Where the means of a claimant are calculated at any time in accordance withsubsection (4A)and are subsequently calculated in accordance withsubsection (4),subsection (4A)shall no longer apply to the claimant.

(4C) Where for any period of not less than 4 consecutive weeks after the commencement ofsection 9of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance withsubsection (4A)ceases to be entitled to or in receipt of pre-retirement allowance,subsection (4)shall apply to any subsequent claims.]

[2002 (MP) s6(2)]

(5) For the purposes of F926[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.

[2002 (MP) s6(2)]

(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).

F927[(7) Notwithstanding the provisions of this Chapter and subject toF928[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.

(8)Subsection (7)shall not apply where a continuous period of retirement, as read in accordance withsubsection (5), began before the date prescribed for the purposes ofsubsection (7).]

F929[(9)Subsection (7)shall not apply to a person who—

(a) was in receipt of carer’s allowance immediately before the date prescribed for the purposes ofsubsection (7), and

(b) was in receipt of pre-retirement allowance immediately before receiving carer’s allowance.]

150. Rate of allowance (including increases for qualified adult and qualified children). [1998 s18]

150.—(1) Subject to this section and section 144, the rate of pre-retirement allowance (in this Chapter referred to as “the scheduled rate”) shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by—

(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

(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.

[1998 s18; 2001 s37 & Sch F]

(2) (a) Subject to paragraph (b), pre-retirement allowance shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than €1, at the scheduled rate,

(ii) are equal to €1, at the scheduled rate reduced by €1, and

(iii) exceed €1, at the scheduled rate reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.

(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.

[1998 s18]

F931[(3) Any increase of pre-retirement allowance payable undersubsection (1)(b)in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouseF932[, 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 spouseF932[, civil partner or cohabitant]of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouseF932[, civil partner or cohabitant]referred to insection 149(4),

andsubsection (1)(b)shall be read and have effect accordingly.]

151. Regulations. [1998 s18]

151.—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—

(a) specify the age for the purposes of section 149(1)(a),

(b) specify the periods which shall be regarded as periods of retirement for the purposes of this Chapter,

(c) specify the circumstances in which a person is to be regarded as a separated spouse for the purposes of F933[section 149(1)(c)(ii),]

F934[(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 ofsection 149(1)(c)(iia), and]

(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.

Chapter 4

152. Interpretation. [1993 s132]

152.—In this Chapter—

F935[‘civil partner’includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;]

F936[‘spouse’includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;]

[2000 s17(2) & Sch E; 2005 (SW&P) s25 & Sch 3]

“weekly means” shall, subject to Rule 1(1) of Part 3 of Schedule 3, be the yearly means divided by 52.

153. F937[Entitlement to pension.

153.—Subject to this Act, a person shall be entitled to State pension (non-contributory) where—

(a) the person has attained pensionable age,

(b) the means of the person as calculated in accordance with the Rules contained inPart 3ofSchedule 3do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance withsection 156, and

(c) the person is habitually resident in the StateF938[…].]

154. Statutory conditions. [1993 s134; 2004 (MP) s17 & Sch 1]

154.—F939[…]

155. Special conditions for receipt of pension. [1993 s135; 1996 s19, 27 & Sch E, G]

155.—F940[…]

156. F941[Rate of pension and increase for qualified child.

156.—F942[(1) Subject tosection 159, the rate (in this Chapter referred to as‘the scheduled rate’) of State pension (non-contributory) shall be the weekly rate set out incolumn (2)atreference 4inPart 1ofSchedule 4increased by the appropriate amount set out—

(a) incolumn (4)ofPart 1ofF943[Schedule 4]in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(b) incolumn (5)ofPart 1ofF943[Schedule 4]in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.]

(2) (a) The pension shall be payable where the weekly means of the claimant or beneficiary—

(i) do not exceedF944[€30.00], at the scheduled rate, and

(ii) subject toparagraph (b), exceedF944[€30.00], at the scheduled rate reduced by€2.50 for each amount (if any) of€2.50 by which those weekly means exceedF944[€30.00], any fraction of€2.50 in those weekly means being treated for this purpose as€2.50.

(b) Where the rate calculated underparagraph (a)(ii)at which, but for this paragraph, the pension would be payable is less than€2.50, the pension shall not be payable.]

157. Increases (including increase for one of a couple). [1993 s137]

157.—(1) Subject to subsection (2) and section 159, the weekly rate of F945[State pension (non-contributory)] payable in accordance with section 156 shall be increased—

(a) by the amount calculated in accordance with Part 2 of Schedule 4 where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouse F946[, civil partner or cohabitant], subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,

(b) by the amount set out in column (6) of Part 1 of Schedule 4 where the beneficiary is living alone,

(c) by the amount set out in column (7) of Part 1 of Schedule 4 where the beneficiary has attained the age of 80 years, and

(d) by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary is ordinarily resident on an island.

[2001 s24(2)(b)]

F947[(2) An increase undersubsection (1)(a)shall not be payable where the spouseF946[, civil partner or cohabitant]is—

(a) in receipt of any benefit, pension, assistance or allowance underPart 2or this Part, or

(b) entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(c) entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister and known as—

(i) Back to Education Allowance, or

(ii) Back to Work Allowance, or

(iii) Back to Work Enterprise Allowance, or

(iv) Part-Time Job Incentive.]

F948[(3) The amount of the increase of pension referred to insubsection (1)(a), in respect of any claim for State pension (non-contributory) made after 24 September 2007, shall be paid—

(a) directly to the spouseF946[, civil partner or cohabitant]concerned, or

(b) to such other person as may be nominated by the spouseF946[, civil partner or cohabitant]for the purpose of receiving the increase of pension referred to insubsection (1)(a)on behalf of the spouseF946[, civil partner or cohabitant].]

F948[(4) Where a beneficiary ceases to be entitled to State pension (non-contributory) the payment to a spouseF946[, civil partner or cohabitant]of the increase of pension referred to insubsection (1)(a)shall also cease.]

158. Amount of increases payable in respect of qualified child normally resident with beneficiary. [1993 s138; 1999 s17(2) & Sch D]

158.—Subject to section 159, the increase payable under section 156(1) in respect of a qualified child who normally resides with the beneficiary and the spouse F949[, 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 F949[, civil partner or cohabitant] of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act.

159. F950[Rate of pension for persons in receipt of other payments.

159.—In the case of a person who is in receipt of blind pension underChapter 5of this Part,F951[bereaved partner’s (non-contributory) pension]underChapter 6of this Part, one-parent family payment underChapter 7of this Part, a payment referred to inparagraph (b)or(c)of the definition of‘relevant payment’insection 178F952[, disability allowance underChapter 10of this Part]or farm assist underChapter 11of this Part, immediately before becoming entitled to State pension (non-contributory), the weekly rate of pension payable shall be the greater of—

(a) an amount equal to the rate of blind pension which was payable in accordance withsections 161B,161Cand161Dimmediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance withsections 156,157and158, or

(b) an amount equal to the rate ofF951[bereaved partner’s (non-contributory) pension]which was payable in accordance withsection 164immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance withsections 156,157and158, or

(c) an amount equal to the rate of one-parent family payment which was payable in accordance withsection 174immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance withsections 156,157and158, or

F953[(ca) an amount equal to the rate of disability allowance which was payable in accordance withsection 211immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance withsections 156,157and158, or]

(d) an amount equal to the rate of farm assist which was payable in accordance withsections 215and216immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance withsections 156,157and158.]

160. F954[ Disqualifications.

160.—(1) Subject tosubsections (2)and(3), a person in receipt of or entitled toF955[bereaved partner’s (contributory) pension]orF956[State pension (contributory)]or a person in respect of whom an increase ofF956[State pension (contributory)]is payable by virtue ofsection 112(1)shall be disqualified for receipt of State pension (non-contributory).

(2) Notwithstandingsubsection (1), a person may be paid State pension (non-contributory) for any period during which the rate of pension payable would be greater than the rate ofF955[bereaved partner’s (contributory) pension]F956[State pension (contributory)]or the increase thereof, as the case may be, payable.

(3) Notwithstandingsubsection (1), in any case where State pension (non-contributory) is so paid, entitlement toF955[bereaved partner’s (contributory) pension]F956[State pension (contributory)]or the increase thereof, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.]

F958[Chapter 5

161. F959[Interpretation.

161.—In this Chapter—

F960[‘civil partner’includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;]

‘spouse’includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;

‘weekly means’shall, subject toRule 1(1)ofPart 5ofSchedule 3, be the yearly means divided by 52.]

161A. F961[Entitlement to pension.

161A.—Subject to this Act, a person shall be entitled to pension (in this Act referred to as‘blind pension’) where—

(a) the person has attained the age of 18 years but has not attained pensionable age,

F962[(b) the reason for the person’s incapacity to perform any insurable employment or insurable self-employment for which eyesight is essential or to continue his or her ordinary occupation is as a direct result of his or her blindness and for no other reason,]

F963[(bb) were it not for this incapacity he or she would be available to work in insurable employment or insurable self-employment,]