CHAPTER 11

Pay-Related Benefit

[1981, s. 71]

78.—In this Chapter—

“reckonable earnings” means, subject to regulations under this Chapter, earnings derived from insurable employment in respect of which employment contributions are payable in accordance with section 10(1);

“reckonable weekly earnings” means the average amount, calculated in accordance with regulations, of reckonable earnings received in a week;

“relevant income tax year” means, in relation to pay-related benefit payable in respect of any particular day, such year of assessment within the meaning of the Income Tax Acts as may be prescribed in relation to such benefit.

[1992, s. 34(1)(a),(5); 1993, s. 38(2)]

79.—(1) Subject to this Act, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—

(a) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit and which is not earlier than the 19th day of unemployment in the period of interruption of employment, or

(b) is a day of incapacity for work which forms part of a period of interruption of employment in respect of incapacity for work which commenced before the 6th day of April, 1992, in respect of which the person is in receipt of disability benefit (or would be in receipt of disability benefit but for the fact that injury benefit is payable to the person).

[1992, s. 30]

(2) Notwithstanding subsection (1), a person engaged in—

(a) short-time employment, or

(b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:

Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that 4 week period,

shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.

[1987, s. 7(1); 1993, s. 6]

80.—(1) The weekly rate of pay-related benefit payable to a person in any period of interruption of employment shall be for any part of that period up to the 393rd day of unemployment (or in the case of a person to whom section 79(1)(b) applies, for any part of that period up to the 393rd day of incapacity for work), an amount equal to 12 per cent. of the part (if any) of his reckonable weekly earnings for the relevant income tax year that exceeds £80 but does not exceed such limit as stands prescribed for the time being, subject to such conditions as may be prescribed to restrict the total amount of benefit payable under this Part to the person in respect of any week.

[1991, s. 16; 1992, s. 9; 1993, s. 6]

(2) In the case of any entitlement to pay-related benefit payable in respect of a period of interruption of employment where—

(a) the period of interruption of employment commenced before the 8th day of April, 1991, subsection (1) shall be construed as if “£72” were substituted for “£80”,

(b) the period of interruption of employment commenced on or after the 8th day of April, 1991 but before the 6th day of April, 1992, subsection (1) shall be construed as if “£75” were substituted for “£80”, and

(c) the period of interruption of employment commenced on or after the 6th day of April, 1992 but before the 6th day of April, 1993, subsection (1) shall be construed as if “£78” were substituted for “£80”.

[1992, s. 34(3)]

81.—(1) In any period of interruption of employment a person shall not be entitled to pay-related benefit in respect of any day of unemployment after the 393rd day of unemployment in that period.

[1992, s. 34(3)]

(2) In calculating for the purposes of section 80 and this section whether, in a period of interruption of employment, a person has had a specified number of days of unemployment, account shall be taken of only the first 18 days of unemployment in that period and any day of unemployment in that period in respect of which that person was entitled to pay-related benefit or would have been so entitled but for any condition prescribed for the purposes of section 80.

[1992, s. 34(1)(a), (5)]

(3) In subsection (2), day of unemployment shall be construed as including a day of incapacity for work in the case of a person to whom section 79(1)(b) applies.

[1981, s. 76(1); 1987, s. 10(1)]

82.—(1) The Minister may by regulations provide for—

(a) the calculation or estimation of the amount of the reckonable earnings and the amount of the reckonable weekly earnings of a person or class of persons for the purposes of this Chapter, in such manner, by reference to such matters and on such basis as may be specified;

(b) the calculation of the amounts payable in respect of pay-related benefit in accordance with prescribed scales and for such adjustments of the amounts as may be necessary to facilitate the computation of the amounts and avoid multiples of other than 10p in the amounts;

(c) the application of this Chapter to persons employed in such class or classes of employment as may be specified in the regulations and may by such regulations make such modifications in the provisions of this Chapter as may appear to him to be necessary for that purpose;

(d) the exclusion from the application of this Chapter of persons employed in employment of such class or classes as may be specified in the regulations;

(e) the modification of any of the conditions for receipt of pay-related benefit in the case of any claim to such benefit arising during the period which began on the 8th day of April, 1974, and ending on such date as may be specified in the regulations; and

(f) requiring employers for the purposes of pay-related contributions and pay-related benefit, to keep such records as may be specified in the regulations of the earnings of persons employed by them and to retain the records for such periods as may be prescribed.

[1984, s. 8]

(2) Notwithstanding section 79, the Minister may make regulations providing that, for the purposes of a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme, a person accepted into that Scheme who, if he had continued to be unemployed, would be entitled to continue to receive pay-related benefit, shall be entitled, subject to such conditions as may be specified in the regulations, to receive such benefit in the form of a lump sum equivalent to the amount which he would otherwise have received in respect of the unexpired portion (subject to a maximum of 26 weeks) of the relevant period of interruption of employment.

[1981, s. 76(2)]

(3) A class of employment may be specified in regulations under subsection (1)(c) or (d) in such manner and by reference to such matters as the Minister thinks appropriate.