CHAPTER 2

Unemployment Assistance

[1992, s. 27(1); 1993, s. 39(6)]

119.—(1) In this Chapter—

“beneficiary” means a person entitled to unemployment assistance;

“weekly means” shall be the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

[1992, s. 27(1)]

(2) In this Chapter references to means shall be construed as references to means as calculated in accordance with the Rules contained in Part I of the Third Schedule .

[1992, s. 27(6)]

(3) Where, immediately before the 29th day of July, 1992, a person was entitled to or in receipt of unemployment assistance, any decision by a deciding officer or an appeals officer in relation to the means of that person for the purposes of his qualifying for a qualification certificate shall be deemed to be a decision under section 120(1)(f).

[1992, s. 27(1); 1993, s. 25(2)]

120.—(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any day of unemployment in a continuous period of unemployment if—

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

(b) he proves unemployment in the prescribed manner,

(c) he is capable of work,

(d) 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,

(e) 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, and

(f) he satisfies the conditions as to means specified for the purposes of this Chapter.

[1992, s. 27(1)]

(2) (a) A person shall not be entitled to unemployment assistance for the first 3 days of unemployment in any continuous period of unemployment.

(b) No unemployment assistance shall be paid for any period less than 1 day.

(c) For the purposes of this section, any period prior to the relevant date of application for unemployment assistance shall not be reckoned as, or as part of, a continuous period of unemployment.

(d) Any period during which a person is disqualified for receiving unemployment assistance shall not be reckoned in the computation of any continuous period of unemployment of such person.

[1992, s. 27(1)]

(3) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods 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 continuous unemployment shall be construed accordingly.

[1992, s. 27(1)]

(4) Sunday shall not be treated as a day of unemployment and shall be disregarded in computing any period of consecutive days.

[1992, s. 27(1)]

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

(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 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,

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

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

shall be disregarded in treating, pursuant to subsection (3) of this section, any two continuous periods of unemployment not separated by more than 52 weeks as one continuous period of unemployment.

[1992, s. 27(1)]

(6) Regulations may make provision as to the days which are or are not to be treated for the purposes of unemployment assistance as days of unemployment.

[1992, s. 27(1)]

(7) Subsection (2) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 52 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—

(a) by reason of having, by virtue of section 46, exhausted his entitlement to such benefit, or

(b) if the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 43(1)(b).

[1992, s. 27(1)]

(8) The amount payable by way of unemployment assistance 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.

121. —(1) Subject to this section and to sections 122 and 124, the rate (in this Chapter referred to as “the scheduled rate”) of unemployment assistance shall be—

[1992, s. 27(1); 1993, s. 39(6), (7)]

(a) in the case of a person who, in any continuous period of unemployment as construed in accordance with section 120(3), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days, the weekly rate set out in column (2) at reference 1(a) in Part I of the Fourth Schedule ,

(b) in any other case, the weekly rate set out in column (2) at reference 1(b) in Part I of the Fourth Schedule ,

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 an adult dependant, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of assistance under this subparagraph in respect of more than one person, and

(ii) the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the claimant or beneficiary.

[1992, s. 27(1); 1993, s. 39(7)]

(2) Unemployment assistance shall be payable where—

(a) the weekly means of the claimant or beneficiary are less than £1, at the scheduled rate,

(b) such weekly means are equal to £1, at the scheduled rate reduced by £1, and

(c) such weekly means exceed £1, at the scheduled rate, reduced by £1 for each amount (if any) of £1 by which those weekly means exceed £1:

Provided that, if the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no unemployment assistance shall be payable.

[1992, s. 27(1); 1993, s. 39(7)]

(3) Notwithstanding paragraph (c) of subsection (2), where the sole means of a claimant for unemployment assistance, who is not one of a couple, are assessed under Rule 1(5) of Part I of the Third Schedule and where the rate of assistance payable to or in respect of such claimant, as calculated in accordance with paragraph (c) of subsection (2), would be a weekly amount which is 10p or more, but less than £5, such person shall be entitled to payment of unemployment assistance at the weekly rate of £5.

[1992, s. 27(1)]

(4) (a) In subsection (3) “couple” means a married couple who are living together or a man and a woman who are not married to each other but are cohabiting as husband and wife.

(b) For the purposes of Rule 1(5) of Part I of the Third Schedule , when applied to subsection (3), “spouse” means each person of a couple in relation to the other.

[1992, s. 27(1)]

(5) In the application of the provisions of subsection (2) in the case of such persons or classes of persons as may be prescribed, regulations may provide for disregarding, in such manner as may be prescribed, any part of the weekly means of a claimant or beneficiary up to an amount not exceeding £2.

[1992, s. 27(1)]

(6) The Minister may, notwithstanding the provisions of regulations made pursuant to subsection (5) providing for weekly means of up to £2 in the case of certain persons or classes of persons to be disregarded, apply the provisions of subsection (2) to such persons or classes of persons at any time.

[1992, s. 27(1)]

(7) Any regulations made under subsection (5) may apply to the whole State or to a specified part or parts of the State.

[1992, s. 27(1)]

122.—(1) In the case of a couple, both of whom are entitled to be paid unemployment assistance, the total amount payable to them pursuant to this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance and the other was an adult dependant, and each of them shall be entitled to be paid one-half of the amount which would be payable to him if the other were his adult dependant.

[1992, s. 27(1)]

(2) Where the spouse of a claimant for unemployment assistance is not an adult dependant, the unemployment assistance payable to the claimant shall be at a rate equal to the scheduled rate reduced by £1 for every £2 or part of £2 of his means.

[1992, s. 27(1)]

(3) Subsection (2) shall not apply in any case where the spouse is living apart from the claimant.

[1992, s. 27(1)]

(4) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance (in this subsection referred to as “the relevant amount”) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of unemployment assistance, 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 benefit, pension or unemployment assistance, as the case may be, and the benefit, pension or unemployment assistance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.

[1992, s. 27(1)]

(5) In this section “couple” means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.

[1992, s. 27(1)]

(6) In subsection (4) “spouse” means each person of a couple in relation to the other.

[1993, s. 15(1)]

(7) For the purposes of this section, a reference to “unemployment assistance” shall be construed as including a reference to pre-retirement allowance.

[1989 (No. 2), s. 2(1)]

123.—(1) A person who, on or after the 9th day of May, 1989, claims or has claimed, in respect of a period before the 7th day of June, 1989, unemployment assistance of an amount to which he would not be entitled if section 122 were applicable shall be entitled to be paid such assistance only in accordance with section 122.

[1989 (No. 2), s. 2(2)]

(2) (a) A person who has not, before the 9th day of May, 1989, specifically claimed, in respect of a period before the 7th day of June, 1989, any additional amount for unemployment assistance being an amount to which he would not be entitled if section 122 were applicable shall not be entitled to be paid the additional amount.

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

[1989 (No. 2), s. 3]

(3) An amount properly paid to any person before the 7th day of June, 1989 by way of unemployment assistance which as a result of the Social Welfare (No. 2) Act, 1989 would be recoverable by the Minister shall not be so recoverable.

[1992, s. 27(1)]

124.—(1) Any increase of unemployment assistance payable pursuant to subparagraph (ii) of section 121(1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouseof the claimant or beneficiary is not an adult dependant, and subparagraph (ii) of section 121(1)(b) shall be construed and have effect accordingly.

[1992, s. 27(1)]

(2) In calculating the amount of unemployment assistance which, pursuant to this section, is payable at one-half of the appropriate amount, the amount so payable shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.

[1992, s. 27(1)]

125.—(1) A person shall be disqualified for receiving unemployment assistance while he is—

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

(b) entitled to or in receipt of unemployment benefit under Part II, or

(c) employed during any week under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.

[1992, s. 27(1)]

(2) Notwithstanding subsection (1), regulations may provide, subject to such conditions as may be prescribed, that a person who is entitled to or in receipt of unemployment benefit under Part II shall not be disqualified for receiving unemployment assistance:

Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.

[1992, s. 27(1)]

(3) 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 assistance so long as the stoppage of work continues, except in the 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.

[1992, s. 27(1)]

(4) 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 shall, for the purposes of subsection (3), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

[1992, s. 27(1)]

(5) A person shall be disqualified for receiving unemployment assistance for such period as may be determined by a deciding officer, but in any case not exceeding 9 weeks, 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, or

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

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

[1992, s. 27(1)]

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

[1992, s. 27(1)]

(7) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.

[1993, s. 14(1)]

126.—(1) A person shall not be entitled to receive unemployment assistance while attending a course of study, other than in such circumstances and subject to such conditions and for such periods as may be prescribed.

(2) In this section—

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

“a course of study” means, subject to subsection (3), a full-time day course of study, instruction or training at an institution of education;

“institution of education” means—

(a) a school,

(b) a university,

(c) a college of a university,

(d) any institution which the Minister for Education has designated in regulations made pursuant to section 1 of the Higher Education Authority Act, 1971 , as an institution of higher education for the purposes of that Act,

(e) any institution to which the National Council for Education Awards Act, 1979, applies,

(f) any institution established under the Regional Technical Colleges Act, 1992 ,

(g) any institution incorporated under the Dublin Institute of Technology Act, 1992 ,

(h) any institution which is not an institution for the purposes of paragraphs (a) to (g) and to which the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, apply, or

(i) such other institution as may be prescribed.

[1993, s. 14(1)]

(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 the period of 3 months immediately following the completion or the leaving by that person of second level education or the completion of the Leaving Certificate Examination of the Department of Education, (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 commencement of the following academic year.