CHAPTER 9

Unemployment Benefit

[1992, s. 28(1)]

42.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part referred to as “a day of unemployment”) which forms part of a period of interruption of employment, if—

(a) he is under pensionable age on the day for which the benefit is claimed,

(b) he proves unemployment in the prescribed manner,

(c) he satisfies the contribution conditions in section 43, and

(d) he has sustained a substantial loss of employment in any period of 6 consecutive days.

[1992, s. 28(1)]

(2) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.

[1981, s. 29(2)]

(3) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.

[1981, s. 29(4); 1989, s. 28(1); 1993, s. 25(1)]

(4) For the purposes of any provision of this Act relating to unemployment benefit—

(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day—

(i) he is capable of work,

(ii) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and

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

(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,

(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days.

[1986, s. 19(b); 1987, s. 11; 1990, s. 47(a)]

(5) Notwithstanding anything contained in subsection (4), any period, not exceeding 1 year in duration, of—

(a) employment under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme,

(b) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,

(c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,

(d) attendance at a training course provided or approved of by An Foras Áiseanna Saothair,

(e) employment under a scheme administered by An Foras Áiseanna Saothair and known as Teamwork,

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

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

shall be disregarded in treating, pursuant to subsection (4)(c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.

[1981, s. 29(5)]

(6) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of unemployment benefit as days of unemployment or of incapacity for work.

[1981, s. 29(6); 1987, s. 9(2)(a)]

(7) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1983, s. 6(1); 1987, s. 9(2)(b)]

(8) Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to unemployment benefit in any week shall be limited so that the total of the number of days in respect of which such benefit is paid and the number of days worked shall not exceed 5, and in such a case the amount payable by way of such benefit for any day of unemployment in that week shall, notwithstanding subsection (7), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1991, s. 19(1)]

43.—(1) The contribution conditions for unemployment benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed,

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, and

(c) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.

[1987, ss. 8(4), 8(6)(d)]

(2) In the case of any claim for unemployment benefit where the period of interruption of employment commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “26” were substituted for “39”.

[1981, s. 30(2)]

(3) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for the provisions of section 42(3), 47(1) or 47(4) have been so entitled then, as respects unemployment benefit, the benefit year which includes the 1st such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1)(b), be regarded as continuing so long as the period of interruption of employment continues.

[1981, s. 30(3)]

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

[1991, s. 19(1)]

(5) Subject to subsection (6), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the condition set out in subsection (1)(c) is not satisfied.

[1991, s. 19(1)]

(6) Regulations for the purposes of subsection (5) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the condition set out in subsection (1)(c) is satisfied.

[1981, s. 31]

44.—Subject to this Act, the weekly rate of unemployment benefit shall be as set out in column (2) of Part I of the second Schedule .

[1981, s. 32(1)]

45.—(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of Part I of the second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1982, s. 2(3)]

(2) The weekly rate of unemployment benefit shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1985 (No. 2), s. 4(1)]

(3) Any increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1985 (No. 2), s. 6(a)]

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

[1981, s. 34(2)]

(2) Where a person entitled to unemployment benefit for 156 days has exhausted his right to unemployment benefit—

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

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

[1985 (No. 2), s. 6(b)]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years, have effect as if “390 days” were substituted for “156 days”.

[1981, s. 34(4); 1991, s. 49(1)]

(4) Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit—

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

(b) on his requalifying therefor, subsections (1) and (3) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

[1981, s. 34(9)]

(5) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim:

Provided that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1989, s. 14(2)]

(6) For the purposes of this section, any day in respect of which a person receives unemployment assistance while he is entitled to unemployment benefit shall be treated as though it were a day in respect of which unemployment benefit was paid.

[1992, s. 31(1)]

(7) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (4) of section 47 shall be treated as though it were a period in respect of which unemployment benefit was paid.

[1991, s. 49(2)]

(8) Where, in any period of interruption of employment, a person was in receipt of unemployment benefit on the 11th day of April, 1991 for more than 155 days, subsection (4)(a) shall be construed as if a reference to “since the 156th day for which he was entitled to that benefit” was substituted for the reference to “since the last day for which he was entitled to that benefit”.

[1981, s. 35(1); 1987 (No. 2), s. 13(1)]

47.—(1) 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 was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:

Provided that the foregoing provisions of 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.

[1981, s. 35(2)]

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

[1984AM, s. 2]

(3) A person shall be disqualified for receiving unemployment benefit during any week in which he is employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.

[1981, s. 35(3); 1992, ss. 29(1), 31(2)]

(4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 9 weeks as may be determined under the provisions of this Act if he—

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

(b) has refused an offer of suitable employment,

(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair as suitable in his case,

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

(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,

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

[1981, s. 35(4)]

(5) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

[1981, s. 35(5)]

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

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

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

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