S.I. No. 546/2021 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Covid-19 Pandemic Unemployment Payment) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th October, 2021.

I, HEATHER HUMPHREYS, Minister for Social Protection, having regard to the continuing risks to public health arising from COVID-19 and the consequent impact on employers and employees, and having regard to the matters specified in subsection (3) of section 68N and subsection (2) of section 68P of Chapter 12B (inserted by section 11 of the Social Welfare (Covid-19) (Amendment) Act 2020 (No. 12 of 2020)) and in exercise of the powers conferred on me by sections 4 (as adapted by the Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 447 of 2020 )) and 68N(1), 68N(2), and 68P of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), with the consent of the Minister for Public Expenditure and Reform, hereby make the following Regulations:

Citation and construction

1.

• (2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021.

Covid-19 Pandemic Unemployment Payment – Cessation

2.

• (a) by the substitution of the following article for 52M (inserted by article 3 of the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 14) (Covid-19 Pandemic Unemployment Payment) Regulations 2021 ( S.I. No. 448 of 2021 )):

“Date on which payment of the covid-19 pandemic unemployment payment shall cease to be made.

52M. (1) For the purposes of section 68N(2)(b), in the case of a person who is attending a course of study as defined in section 148, and who by virtue of section 68A, 68K or 148 would not be entitled to receive, as the case may be, jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s allowance, the 3rd day of September 2021 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made.

• (2) For the purposes of section 68N(2)(b) —

  • (a) in the case of a person who has an average reckonable weekly income, calculated in accordance with article 52I, of less than €200.00—

    • (i) where, subject to subparagraph (iii), that person is a person who would qualify for payment of jobseeker’s benefit, the 22nd day of October 2021 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

    • (ii) where, in accordance with article 223F, that person is in receipt of Covid-19 pandemic unemployment payment and other than child benefit, any payment specified in sub-article (2) of that article, the 5th day of November 2021 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made, or

    • (iii) where that person, notwithstanding the fact that he or she may be a person who would qualify for payment of jobseeker’s benefit —

      • (I) has made an application for jobseeker’s benefit (self-employed) or jobseeker’s allowance by the 21st day of October 2021, and a deciding officer has made a decision regarding that person’s eligibility for payment of jobseeker’s benefit (self-employed) or jobseeker’s allowance, the date on which the decision takes effect is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

      or

      • (II) has not made an application for jobseeker’s benefit (self-employed) or jobseeker’s allowance by the 21st day of October 2021, the 22nd day of October 2021 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

  • (b) in the case of a person who has an average reckonable weekly income, calculated in accordance with article 52I, equal to or greater than €200.00 but less than €300.00—

    • (i) where, subject to subparagraph (iii), that person is a person who would qualify for payment of jobseeker’s benefit, the 5^th day of November 2021 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

    • (ii) where, in accordance with article 223F, that person is in receipt of Covid-19 pandemic unemployment payment and other than child benefit, any payment specified in sub-article (2) of that article, the 28^th day of January 2022 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made, or

    • (iii) where that person, notwithstanding the fact that he or she may be a person who would qualify for payment of jobseeker’s benefit —

      • (I) has made an application for jobseeker’s benefit (self-employed) or jobseeker’s allowance by the 4^th day of November 2021, and a deciding officer has made a decision regarding that person’s eligibility for payment of jobseeker’s benefit (self-employed) or jobseeker’s allowance, the date on which the decision takes effect is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

      or

      • (II) has not made an application for jobseeker’s benefit (self-employed) or jobseeker’s allowance by the 4^th day of November 2021, the 5^th day of November 2021 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

  • (c) in the case of a person who has an average reckonable weekly income, calculated in accordance with article 52I, equal to or greater than €300—

    • (i) where, subject to subparagraph (iii), that person is a person who would qualify for payment of jobseeker’s benefit, the 28^th day of January 2022 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

    • (ii) where, in accordance with article 223F, that person is in receipt of Covid-19 pandemic unemployment payment and other than child benefit, any payment specified in sub-article (2) of that article, the 25th day of March 2022 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made, or

    • (iii) where that person, notwithstanding the fact that he or she may be a person who would qualify for payment of jobseeker’s benefit —

      • (I) has made an application for jobseeker’s benefit (self-employed) or jobseeker’s allowance by the 27th day of January 2022, and a deciding officer has made a decision regarding that person’s eligibility for payment of jobseeker’s benefit (self-employed) or jobseeker’s allowance, the date on which the decision takes effect is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made,

      or

      • (II) has not made an application for jobseeker’s benefit (self-employed) or jobseeker’s allowance by the 27th day of January 2022, the 28th day of January 2022 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made.

• (3) Notwithstanding the provisions of sub-article (2), the 25th day of March 2022 is prescribed as the date on which payment of Covid-19 pandemic unemployment payment shall cease to be made for any person who would otherwise have an entitlement to the payment on that date.”,

and

• (b) in paragraph (s) of article 223F(2) by the insertion of “subject to article 52M,” before “child benefit”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

GIVEN under my Official Seal,

20 October, 2021.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

21 October, 2021.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Social Welfare (Consolidated Claims, Payments and Control) Regulations to specify dates when payment of the Covid-19 Pandemic Unemployment Payment will cease, beginning with those whose reckonable weekly income (previously calculated in accordance with article 52I of the consolidated Regulations) is less than €200 per week.

For those whose average reckonable weekly income is less than €200.00:

• (a) payment of the Covid-19 Pandemic Unemployment Payment will cease from 22 October 2021.

• (b) For those who are in receipt of the Covid-19 Pandemic Unemployment Payment and any other payment specified in sub-article (2) of article 223F, except for Child Benefit, payment of the Covid-19 Pandemic Unemployment Payment will cease on 5 November 2021.

For those whose average reckonable weekly income was equal to or greater than €200.00 but less than €300.00 will, depending on the circumstances, cease to be paid in a like manner to that described in (a) and (b) over the period from 5 November until 28 January 2022.

For those whose average reckonable weekly income was equal to or greater than €300.00 will, depending on the circumstances, cease to be paid in a like manner to that described in (a) and (b) over the period from 28 January 2022 until 24 March 2022.

The final date from which no further payments of the Covid-19 Pandemic Unemployment Payment will be made, regardless of individual circumstances, is set at 25 March 2022.