Publication
Operational Guidelines: Jobseeker's Allowance
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
Jobseeker's Allowance (JA) is a means-tested payment made to people who are unemployed and
OR
The main provisions relating to Jobseeker's Allowance are contained in Chapter 2 of Part III of the Social Welfare Consolidation Act, 2005, as amended.
Jobseeker's Allowance is administered by staff at the department's network of Intreo Centres/Branch Offices throughout the country.
All guidelines for staff on the operation of the JA scheme are issued by
To qualify for Jobseeker's Allowance a person must:
For further details on this condition please refer to separate guideline Habitual Residence Condition.
Jobseeker's Allowance is payable in respect of any week of unemployment.
A person must be unemployed for 4 days within a 7 day period to be treated as a ‘period of unemployment’, which includes all days of the week (Sunday included).
This means that a person must be unemployed for 4 days in any consecutive 7 days in order to receive JA.
A day is not treated as a day of unemployment unless on that day the person is capable of, available for full-time work and genuinely seeking work. (See below).
A person is not regarded as unemployed in respect of any day on which they are working under a contract of employment (written or otherwise) or is in receipt of wages. For example, the following classes of persons would be considered to be not unemployed:
A person on a career break is considered to be "not unemployed" during the agreed period of the career break.
Where the agreed period of the career break has ended and the person has sought to return to work but cannot due to a lack of a vacancy, Jobseeker's Allowance may be considered subject to all other relevant conditions being satisfied. In such cases, the terms/duration of the career break and reason/s for postponing the resumption of employment should be verified with the employer before a decision is made.
Garden leave (or gardening leave) describes the practice of giving an employee notice but telling them to stay away from work during their notice period. The practice is often used to prevent employees working for the employer's competitors for a period of time.
Employees continue to receive their normal pay during garden leave and are covered by any contractual duties, such as confidentiality agreements, until their notice period expires.
The term can also be used when an employee is sent home whilst subject to disciplinary proceedings, when they are between projects, or where, as a result of publicity, their presence at work is considered counter-productive.
An employee who is suspended from employment with pay is considered to be "not unemployed" within the meaning of the Social Welfare legislation, in that they are suspended from employment for a definite period and may be deemed to be under a contract of employment for the duration of the suspension.
Applications for Jobseeker's Allowance during this period of suspension should, therefore, be disallowed from receiving payment on the grounds of being "not unemployed" under Section 141(1)(a) of the Social Welfare Consolidation Act 2005.
A person who is suspended from employment without pay is not considered to be in employment and is therefore regarded as unemployed for Social Welfare purposes. However, the reasons for the suspension from employment should be examined to establish the conditions under which they were suspended. It is important to note that the reasons for the suspension from employment should also be checked with the employer before a disqualification or a disallowance is imposed.
Section 147(4) of the Social Welfare Consolidation Act, 2005 provides that a person may be disqualified from receipt of JA for up to 9 weeks where a person has lost employment through their own misconduct. The duration of the disqualification is discretionary, although it may not exceed 9 weeks.
In addition, where an employee has been suspended from employment without pay, JA claims should be examined under the Available for Full Time Work and Genuinely Seeking Work (GSW) conditions rather than the "not unemployed" condition.
Payment may be allowed where all relevant statutory conditions are satisfied.
Persons who have been suspended from employment and who find themselves in financial difficulty may apply for assistance under the Supplementary Welfare Allowance scheme.
The Organisation of Working Time Act 1997 provides all employees with a minimum legally enforceable entitlement to paid holidays and public holidays. It repeals the Holiday (Employees) Act, 1973 and Section 4 of the Worker Protection (Regular part-time Employees) Act 1991.
Employees who work or are normally required to work on a public holiday are entitled to payment by the employer for the public holiday. Employees who are not normally required to work on a public holiday are entitled to one fifth of their normal weekly rate of remuneration from the employer for the public holiday.
A full-time employee, who ceases to be employed during the week ending on the day before a public holiday, is entitled to be paid by the employer for the public holiday if they have worked during the 4 weeks preceding that week.
Casual or part-time employees must have worked at least 40 hours in the 5 weeks ending on the day before the public holiday to establish a statutory entitlement to pay in respect of a public holiday.
Part-time or casual workers are not entitled to Jobseeker's Benefit or Allowance in respect of paid public holidays.
NOTE: Good Friday is a bank holiday not a public holiday therefore employers are not legally required to pay in respect of that day. If the employer does pay in respect of Good Friday, JA/JB is not payable.
Entitlement to holiday pay is built up as a person works during the year. Therefore, a person who is let go on a temporary basis may have an underlying entitlement to holiday pay. JA is not payable in respect of any day for which a person receives holiday pay.
Holiday pay legislation provides that pay in respect of holidays is required to be paid in advance. However, it is also open to an employee to make an agreement with their employer not to receive accrued holiday pay at the time of a temporary lay-off where they wish to take these paid entitlements at a later stage. In this type of situation the person is considered to be on a temporary lay-off and the number of days for which the holiday entitlement has accrued should not be deducted from the JA payment until the paid leave is taken.
Examples:
Certain employments have regular seasonal lay-offs where employees have an accrued holiday entitlement which is not actually paid during the period of the lay-off. For example, a temporary school employee who is laid off during the summer months may not be paid during this period, instead they are paid their accrued holiday pay entitlement at the end of the lay-off period.
If this situation occurs, the Intreo Centre/Branch Office should ensure that, before the end of this lay-off period, the number of days for which JA is paid is reduced by the number of days for which holiday pay has accrued. This is to ensure that a person does not receive JA and holiday pay in respect of the same period.
Employees who are laid off temporarily (that is, where they expect to return to the same employment at a later date) are not entitled to JA in respect of any day for which they receive holiday pay. This applies even if there is no definite date of resumption of work.
Employees whose contract of employment has ended and who have received holiday pay are entitled to JA from the first day of unemployment, provided all other conditions are satisfied.
Part-time workers may also have an entitlement to additional holiday pay under the provisions of the Protection of Employees (Part Time Work) Act, 2001. JA is not payable in respect of any day on which a person receives holiday pay.
Any additional holiday pay entitlement received by an employee in respect of any part of the lay-off period should be treated in the same manner as the accrued holiday entitlement, when calculating entitlement to JA.
Where a part-time employee is laid off and receives holiday pay from the employer, the number of days deducted from their JA claim should represent the number of working days which the holiday entitlement represents. Therefore the number of hours for which they have received holiday pay should be divided by the number of hours worked per day in order to determine the number of days for which JA is not payable.
When calculating the number of days for which holiday pay has been received, a part of a day should be rounded up to the nearest day, as appropriate.
Examples
Where the number of hours worked per day varies, the total number of hours holiday pay should be divided by the average number of hours worked per day. In most cases, the average will be furnished by the employer. However where necessary, the 13 week period immediately prior to the date of claim, or a more representative period, may be used.
With effect from the commencement of the school year 2015/2016 the practice known as “rolled-up holiday pay” has ceased for casual and non-casual teachers and special needs assistants (substitute SNAs) at primary and post-primary level. Instead, casual and non-casual teachers and special needs assistants employed in recognised primary, secondary, community and comprehensive schools and Education and Training Boards (ETB’s) will be paid a separate payment in respect of holiday pay. Accumulated holiday pay will be paid at the end of the school terms at Christmas, Easter and Summer in respect of any holiday pay accumulated in the previous period.
Link to the Department of Education and Skills circular that sets out the new method of calculating and paying accumulated holiday pay of casual and non-casual primary and post primary teachers:
Link to the Department of Education and Skills circular that sets out the new method of calculating and paying accumulated holiday pay of special needs assistants (substitute SNAs):
There are ten public holidays:
New Year's Day
First Monday in February, unless 1 February falls on a Friday, in which case Friday 1 February will be the public holiday
St. Patrick's Day
Easter Monday
First Monday in May
First Monday in June
First Monday in August
Last Monday in October
Christmas Day
St Stephen's Day
A self-employed person (including a farmer) may be entitled to JA provided they satisfy the normal qualifying conditions. Self-employed persons are assessed with the income (net profit) derived from the business/holding.
A provision under Jobseeker’s Allowance has been established for professional artists from a wide range of artistic disciplines. It is an initiative under the Creative Ireland Programme. A pilot scheme for professional writers who were members of the Irish Writers Centre and to professional visual artists who were members of Visual Arts Ireland, had been in place since 2017.
The artists on the scheme are exempt from with the Department’s Employment Support Services for a period of 12 months. All other scheme conditions apply, including the means test. To qualify an artist must be a member of one of the listed Professional Disciplines and Certifying Organisations and provide a certificate/declaration from their professional body as to their status as a professional artist.
Professional disciplines and certifying organisations
| Artform | Professionals | Certifying Organisations |
| Visual Arts | Visual Artists | Visual Arts Ireland |
| Theatre | Actors, Costume Designers, Theatre Directors, Set Designers, Stage Designers | Actors Equity/SIPTU |
| Literature | Writers | Irish Writers Centre |
| Music | Musicians including traditional, popular, rock music | Musicians Union of Ireland/SIPTU |
| Dance | Dancers, Choreographers | Dance Ireland |
| Opera | Composers | Musicians Union of Ireland/SIPTU |
| Film | Actors, Screen Writers, Film Directors | Actors Equity/SIPTU, Writers Guild of Ireland, Screen Directors Guild of Ireland |
| Circus | Street Performers | Irish Street Arts, Circus & Spectacle network |
They must also be registered as self-employed with the Office of the Revenue Commissioners and at least 50% of income should be derived from work as a professional artist in the previous year.
Due to the impact of the COVID-19 Pandemic, the 50% income requirement should be examined on a case by case basis and may include earnings from 2019.
For examples of work that is counted as income as a professional artist (not exhaustive)
Useful links
If a person works from one day into another, the day on which the longer number of hours are worked is treated as the day of employment, the other day is treated as a day of unemployment. If the hours of employment are equal for both days then the second day is considered the day of employment, and the first day as a day of unemployment.
A person who satisfies all the other conditions may receive JA from their 18th birthday up to the day before their 66th birthday. JA may not be paid outside these dates.
Persons approaching pensionable age are advised to apply for a State (Contributory or Non-Contributory) Pension 3 months in advance of the relevant age limit.
For a day to be regarded as a day of unemployment the person claiming JA must be capable of work on that day. A person is considered to be capable of work if there is no evidence to the contrary (for example, unless they state otherwise), or where, on request, they fail to produce a final medical certificate following a period of illness.
When a person has been disallowed IB because they have been found "capable of work" following an examination by the Medical Assessor, it may be accepted that they fulfil the condition of being capable of work - notwithstanding any statement by the person that they do not consider themselves to be capable of work. This is so even if the decision of the Medical Assessor is under appeal. JA may be paid pending the result of such appeal. Questions as to whether they satisfy the conditions as to availability for and genuinely seeking work are deferred in the interim.
In such cases the Deciding Officer should:
Where a person applies for DA while in receipt of JA, the JA payment should continue pending the result of the DA claim (including appeal, where applicable).
NOTE: Disability Allowance may be disallowed on grounds of failing to satisfy the medical eligibility criteria for receipt of DA. This means that the DA section/MR do not declare that the claimant is fit for work, but that the person has failed to satisfy the MR/Advisor that they are not ".substantially restricted..."
In such cases the Deciding Officer should:
When the outcome is known, the DO should;
Pregnancy is not an illness and in the absence of any complications of pregnancy or other illness, a pregnant woman (who may not be entitled to Maternity Benefit) satisfies the condition of being capable of work for the purpose of Jobseeker's Allowance throughout her pregnancy and in the period following the birth. She will also satisfy the availability condition unless there are other factors which could call her general availability for work into question. She must, however, continue to look for work throughout her pregnancy and in the period after the birth of her child in order to satisfy the condition of genuinely seeking work. On an administrative basis a woman will not normally be requested to prove that she is genuinely seeking work in the 4 weeks immediately before the expected date of birth of her child or in the 8 week period following the birth. She will not be required to attend at the Intreo Centre/Branch Office for signing purposes during this period provided she informs the Intreo Centre/Branch Office of her pregnancy.
A person must be available for work in order to qualify for and continue to receive Jobseeker's Allowance, that is, be available for work in respect of each day for which s/he declares that s/he is unemployed. There must be no legal restriction on the person taking up employment (for example, visa restrictions on taking up employment in the case of Non-EEA nationals). The onus is on the claimant to demonstrate that this condition is satisfied.
A person is regarded as available for employment if they are prepared to accept at once any offers of suitable employment.
While a person should be free to take up employment at once, a person may, in some circumstances require a day or two to make any necessary domestic arrangements.
It should generally be accepted that a person is available for employment, if
The person must be available for suitable full-time employment. In determining what constitutes "full-time" employment regard should be had to the normal working week (or normal working pattern) in the employment for which the person is holding themselves available.
When deciding whether the person is available for suitable full-time employment, the Deciding Officer should take into account:
The Deciding Officer should have particular regard to the period of unemployment when deciding on availability. A person who has recently become unemployed (for example, within the last 3 months) would be regarded as available where they are seeking to become re-employed in their usual employment, provided there is a reasonable prospect of this. However, if it was immediately obvious that there was no employment available within a specialised field in the local area, the person could be expected to broaden the search - either to a wider area or to other types of employment within a shorter period.
If a person has not found employment within their chosen field or industry within a reasonable period (for example, 3 months), and the person is not broadening the range of employment sought, the onus is on the person to demonstrate that they still have a reasonable chance of obtaining employment in that field despite failure to do so to date. For instance, in a situation where a person is promised permanent work in the near future on the basis that they must be free to take it up immediately, it may then be considered reasonable to refuse an offer of short term employment in the interim. Physical health may be a legitimate reason to restrict the range of work for which a person holds themseles available. This is particularly so where physical build/health is a condition upon which an offer of work is dependent.
If there is any doubt about the person's availability, the Deciding Officer should seek further information from the person such as:
A person may be regarded as not being available for work if they impose unreasonable restrictions on:
In any case where a Deciding Officer is of the opinion that the person has placed unreasonable restrictions, the person should be interviewed and given the opportunity to respond. In some cases, a person may demonstrate that the restrictions are not unreasonable and that they have a reasonable prospect of getting full-time employment despite such restrictions. For example, a person may be qualified as a baker, but may have ceased seeking work in that field upon developing dermatitis. Employment which would bring that person into contact with agents that trigger the condition would obviously not be suitable employment. Such a restriction on availability may, in the circumstances, be regarded as reasonable.
The following are some of the circumstances where a person may be considered NOT to be available for work:
It should be noted that this does not preclude a person from accepting part-time work in the absence of suitable full-time employment if the person demonstrates that they will continue to be available for work in respect of the remaining days of unemployment.
It is expected that the person in part-time employment would continue to take steps which demonstrate that they are genuinely seeking full-time employment,
If for example, taking up such employment would leave a person in a worse financial position, taking into account the various other income supports available to them, then it may be reasonable not to accept an offer of such employment. However, weight should also be given to the longer term benefits that accrue to a person by virtue of being in employment,
If another person has been nominated to assume these commitments, that person should not have domestic responsibilities of their own, live too far away or have no realistic means of travel to client's home. Deciding Officers should note the importance of applying this criterion to both men and women.
As a person has to be available to accept offers of employment, a refusal of an offer of suitable employment, training or placement may indicate that they are not satisfying this condition. The reasons for such refusal should be investigated.
There are legislative provisions specifying the circumstances in which a person may be deemed to be, or is exempted from the requirement to be, available for work:
Where a person is employed to work continuously from one day through to another, the general rule is that the day on which the shorter number of hours is worked is treated as a day of unemployment. The person will also be deemed to be available for work on that day.
A person will be deemed to be available for work on any day in respect of which they are participating in a course of rehabilitation training provided by an organisation approved by the Minister for Health for that purpose.
Retained firefighters are required, under contract of employment, to reside within 1.5 miles of the fire station and to commit to turning out to the fire station within 5 minutes. Such employment should not, in itself, be regarded as representing an unreasonable restriction on availability. However, retained firefighters must be available for additional part-time employment within the 1.5 mile area AND/OR for suitable alternative full-time employment beyond it.
In summary, while employment as a retained firefighter is not sufficient grounds for a disallowance on availability, this does not mean that persons so employed are exempt from availability criteria.
In terms of genuinely seeking work, the retained fire fighter should similarly be seeking employment additional to their employment as a retained fire fighter within the 1.5 mile area AND/OR should be seeking alternative full-time employment both within and beyond this area. In particular, a retained fire fighter should be required to provide substantial evidence that they are applying for and is genuinely prepared to accept full-time employment that would preclude employment as a retained fire fighter.
A person shall be deemed to be available for work while participating in a course of education, training or development approved by the Minister provided that:
The course chosen must enhance the person's employment prospects. Courses must be approved by the department's Case Officers.
Once a person has been accepted on a course, they must notify the department by completing the BTEA application form (BTE1), which is available from Intreo Centres/Branch Offices. The completed form should be returned to the relevant Intreo Centre/Branch Office for verification of the conditions regarding age and duration on the Live Register. The form should then be forwarded by the Intreo Centre to a Case Officer for approval of the course. In determining whether participation in a course is likely to enhance the person's employment prospects, the Case Officer should have regard to the individual circumstances of the person concerned.
A broad range of courses may be approved - from personal development or basic education through to general training or the acquisition of specific job skills. Full-time day third level courses of education which are not:
may not be approved for the purposes of this provision.
The following specific courses have been approved:
Persons participating in full-time courses who do not satisfy these conditions may be considered to be not available for employment.
Legislation provides that a person shall be disqualified from receipt of Jobseeker's Allowance while attending a course of study (including school/college holiday periods, Section 148 of the Social Welfare Consolidation Act 2005 as amended), and for the 3 month period after completing the Leaving Certificate or leaving second level education except in such circumstances as may be prescribed. The exceptions to this disqualification are:
a) persons aged between 18 and 20 years inclusive who:
and
b) Youthreach participants who complete their Junior Certificate/ Leaving Certificate or who leave second level education early.
c) Mature students, that is, persons over 23 years of age on or before 1 January in the year in which the course of study commences are exempt from the student disqualification for the period in between academic years only. The student disqualification applies during the academic year.
Deciding Officers should note that the disqualification for attending a course of study is completely separate to the availability condition. As mature students are exempted from this disqualification (in between academic years only), they may be entitled to Jobseeker's Allowance during the summer holiday periods if they satisfy the availability condition in the normal way.
Persons who wish to pursue part-time courses under the Back to Education - Part-Time Option must demonstrate that their participation does not restrict reasonable availability for work.
Where a JA recipient is attending a part‑time course under the Back to Education - Part-Time Option on the understanding that the course will help to enhance their employment prospects, they should be encouraged to complete this course. It should be noted, however, that attendance on a part-time course under the Back to Education - Part-Time Option is allowed on the clear understanding that availability for/genuinely seeking work opportunities must take precedence over course attendance, should a conflict arise.
BTEA participants formerly in receipt of JA are not entitled to be paid BTEA during the summer months.
BTEA participants, based on the primary payment being Jobseeker's Allowance, who are progressing to the next year of their course or who are progressing from second level to third level approved undergraduate qualifications or from undergraduate qualification to BTEA eligible postgraduate courses will have their BTEA reinstated from the commencement of the new academic year irrespective of whether they were in receipt of a jobseeker’s payment for the summer period.
The Back to Education Allowance is a non-statutory, stand alone scheme.
A jobseeker who engages in voluntary work within the State may continue to be entitled to a jobseekers payment provided that, in engaging in the voluntary work, they continue to satisfy the statutory conditions of being available for and genuinely seeking work.
Examples of volunteering roles in which jobseekers may engage include:
The groups involved may be nationally organised groups or local voluntary or community groups.
The aim of the Voluntary Work Option is twofold, namely – to encourage voluntary organisations to involve jobseekers to the greatest extent possible in their existing activities by creating new opportunities for voluntary work and to inform jobseekers of their freedom to involve themselves in voluntary work and to encourage them to do so.
Applying for the Voluntary Work Option
The jobseeker or the voluntary organisation/group involved should request an application form VW 1 from the Local Intreo Centre or Branch Office. The completed application form should be sent to the Local Intreo Centre or Branch Office and a Deciding Officer will determine whether the customer may take up the work in question without affecting entitlement to the jobseekers payment.
Decisions in relation to Voluntary Work
In considering an application, the Deciding Officer will determine whether the work concerned is voluntary within the meaning of the scheme and whether the jobseeker would continue to satisfy the statutory conditions for receiving the jobseekers payment. The Deciding Officer will need to be satisfied that the jobseeker is available to take up employment, if offered it, and that they are making genuine efforts to find work. This applies whether the volunteering role is full-time or part-time.
While it is not possible to lay down hard and fast rules as to what constitutes voluntary work the position should be clear in most cases. Factors to be taken into account will include:
Voluntary work may normally involve only a few hours a day or a few days a week but full-time involvement in voluntary activities would not necessarily be ruled out. However, there should be no implication of job replacement or cheap labour. Any payment for the voluntary work should generally be limited to out-of-pocket expenses such as travelling expenses or meal allowances.A jobseeker who engages in voluntary work within the State may continue to be entitled to a jobseekers payment provided that, while engaging in the voluntary work, they continue to satisfy the statutory conditions of being available for and genuinely seeking work.
A jobseeker who engages in voluntary work within the State may continue to be entitled to a jobseekers payment provided that, while engaging in the voluntary work, they continue to satisfy the statutory conditions of being available for and genuinely seeking work.
A day is not treated as a day of unemployment unless on that day the person is genuinely seeking work which is suitable for them, having regard to their age, education, physique, location and family circumstances.
To satisfy this condition, it is necessary for the person to demonstrate that they have taken some positive action and is making genuine efforts to secure employment. The person must show that they have taken reasonable steps to secure employment during the relevant period and provide examples of such steps. The relevant period is the period in respect of which the person concerned has made a declaration that they have been continuously unemployed since the date of their application for JA.
The steps which a person is required to take must:
The steps which people are expected to take to seek work will vary from person to person and from one period to the next. In determining what are reasonable steps, the Deciding Officer should consider the nature and conditions of the employment sought and have regard to the individual circumstances of the person concerned in examining the steps taken to seek the type of employment in question.
A person's skills, qualifications and experience may affect both the type of employment being sought and the range of steps which s/he may reasonably be expected to take to seek such employment.
The EU regulations that apply to the countries listed below are 883/2004 and 987/2009. Under these regulations citizens of these countries can travel to other member States to seek employment.
| Austria | Belgium | Bulgaria |
| Croatia | Cyprus | Czech Republic |
| Denmark | Estonia | Finland |
| France | Germany | Greece |
| Hungary | Iceland | Ireland |
| Italy | Latvia | Liechtenstein |
| Lithuania | Luxemburg | Malta |
| Norway | The Netherlands | Poland |
| Portugal | Romania | Slovakia |
| Slovenia | Spain | Sweden |
| Switzerland | the United Kingdom |
Habitual residence cannot be determined simply by reference to a specific period of residence in a country. The length and continuity of a person's residence must be considered along with the other factors. The entitlement to Jobseeker's Allowance of all persons thus falls to be determined in accordance with the relevant standard criteria set out in the Social Welfare Acts, that a claimant be unemployed, capable of work, available for work, genuinely seeking work and whether means are less than the maximum rate payable.
Where an EEA National can produce identification (passport, national identity card) confirming that they are from an EEA/EU country then attention should focus on the GSW aspect of entitlement.
(If there is any doubt as to whether the applicant is from another EEA/EU member state then form NEEA1 should be sent to the Immigration and Citizenship Division of the Department of Justice. The purpose of this form is to seek information on whether the person concerned is legally entitled to live in Ireland and free to take up employment in Ireland).
Habitual residence cannot be determined simply by reference to a specific period of residence in a country. The length and continuity of a person's residence must be considered along with the other factors. As stated above there is no minimum period of residence in Ireland required in order to qualify for Jobseeker's Allowance. However, it is reasonable for a Deciding Officer, when determining if the person concerned is available for work, to check the arrangements made by the claimant in relation to his/her residence in Ireland. Normally for this purpose it would be expected that the claimant would have established a permanent address:
Generally speaking, addresses in hostels that provide accommodation for budget travellers should not be accepted as sufficient evidence for social welfare purposes that the person is resident and available for employment in Ireland.
Note: Persons who habitually reside in hostels for the homeless are in a different category and the above does not apply to them.
There are many difficulties faced by a person seeking employment outside their own country, for example, unfamiliarity with local employment opportunities, differences in required educational and training standards and in most cases the need to have a good command of a second language.
Accordingly, special care should be taken to ensure that all EEA Nationals have genuinely come to Ireland with the intention of seeking employment as opposed to other motives such as travel, cultural, educational (improvement of English language skills), or to avail of social welfare payments not available in their state of origin or where jobseeker’s payments are paid at a higher rate in Ireland.
While an EEA National may be entitled to come and live in Ireland, it is reasonable to examine the circumstances surrounding their arrival in Ireland. Deciding Officers should therefore examine their previous employment history, educational qualifications (if any) (for example, is applicant a full-time student?), and whether the decision to come to Ireland and the chosen place of residence in Ireland is consistent with a genuine search for work.
In certain circumstances it would be reasonable to take the view that a person who chooses to reside in an area where there are little or no obvious job opportunities for their particular job qualifications or where there is no means of travelling to work daily, is not genuinely looking for work.
To assist Deciding Officers in processing applications by EEA and Non-EEA Nationals, a list of questions that should be put to ALL EEA/Non-EEA national applicants has been drawn-up - form NEEA2. Given the need to address these issues fully, it is recommended that ALL EEA and Non-EEA applicants for Jobseeker's Allowance be scheduled for a desk interview by a Social Welfare Inspector.
Non-EEA Nationals are generally subject to much tighter regulations regarding their right to come to Ireland, to reside and to work in Ireland. In many cases it is necessary for Non-EEA Nationals to obtain visas authorising entry to Ireland. Such visas will generally state that the bearer is entitled to reside in Ireland for a specific period for the purposes of tourism, education, training and so on, and will probably contain a prohibition on taking up work in Ireland without having first obtained a work permit from the Department of Jobs, Enterprise and Innovation. Where a visa is not necessary the conditions of entry will generally be entered on an official stamp in the person's passport.
Residence certificate – Irish Residence Permit (IRP)
Non-EEA nationals who are resident in Ireland for more than 90 days are required to have a permission to stay and to register this permission at a Registration Office. Upon registration, their passport is endorsed with the relevant Stamp (for example, Stamp 2 for students) and they are issued with a registration certificate.
The registration certificate is known as the Irish Residence Permit, or IRP. This card will be posted to claimants.
Where a Non-EEA National applies for Jobseeker's Allowance the question of availability has to be examined in-depth.
All non-EEA nationals should be asked to produce their passport/visa which should be examined to see what conditions have been imposed regarding entry/residence in Ireland.
Where the applicant does not possess a visa and there is no official stamp in their passport, form NEEA1 should be sent for completion to the Immigration and Citizenship Division, Department of Justice.
As previously stated, the purpose of the form is to determine if the applicant is legally resident in Ireland and free to take up employment in Ireland. If the person is:
As stated above in the case of EEA nationals, special care should be taken to ensure that all Non-EEA Nationals have come to Ireland with the firm intention of seeking employment as opposed to other motives such as travel, cultural, educational (improvement of English language skills), or to avail of social welfare payments not available in their state of origin or where jobseeker’s payments are paid at a higher rate in Ireland.
Deciding Officers should follow the same procedure as with EEA nationals. Appropriate questions from those listed on form AL 2 should be put to all non-EEA applicants. Given the need to address the issues of availability and Genuinely Seeking Work fully, it is recommended that all Non-EEA applicants for Jobseeker's Allowance be scheduled for a desk interview by a Social Welfare Inspector.
Claims are sometimes received from non-EEA nationals who have been admitted to Ireland with valid work permits in order to gain work experience or training, particularly in the medical field. It appears that in relation to medical personnel there is a system of placements of up to 6 months duration in different hospitals and that in practice the Department of Jobs, Enterprise and Innovation renew the work permits of such persons on securing a further placement. Where such a person claims Jobseeker's Allowance after completing a work experience/training placement it should be generally accepted that there are no barriers concerning availability for employment.
In relation to other non-EEA nationals who have been previously employed in Ireland the position is less certain and offices are advised to contact the Departments of Justice, and Jobs, Enterprise and Innovation, to ascertain the position regarding residence and the issue of work permits respectively.
Direct Provision Accommodation
Direct Provision is the means by which the State seeks to meet its obligations to provide for the material needs of people seeking protection in the State. Protection seekers are offered accommodation under the system of direct provision operated by the Reception and Integration Agency (RIA) of the Department of Justice. Protection seekers living in Direct Provision receive a weekly Direct Provision Allowance. This allowance is a non-statutory payment administered by designated persons of the Department of Social Protection on behalf of the Department of Justice.
Persons seeking refugee or other status cannot meet the Habitual Residence Condition (HRC) and therefore cannot qualify for DSP means tested payments. Once a protection seeker is granted status they may apply for a DSP means tested payment appropriate to their circumstances. HRC is a condition for DSP means tested payments. Prior to 1 October 2020, persons who remained in Direct Provision for a period before moving into the community may have the value of the non-cash benefit taken into account in assessing their means under the scheme rules. Non-cash benefit is not assessible from 1 October 2020. See Habitual Residence Condition (HRC) guidelines and Direct Provision - Social Welfare entitlements of people in Direct Provision centres (or similar centres) guidelines.
Where an EEA/Non-EEA national states that they are a student written proof (in English) should be sought from the claimant that their studies have ended. In many continental countries the school leaving age for third level students is higher than in Ireland.
Where a Non-EEA National claims JA and is:
or
or
or
a work permit is no longer required. They should have the following stamp, issued by the Department of Justice, on their Certificate of Registration, stating:
"Permitted to remain in Ireland until.........."
Payment should not continue beyond the date the person is permitted to remain in the State.
Entitlement to payment of an increase for a qualified adult (IQA) in respect of a Non-EEA spouse/civil partner of an Irish or other EEA National should be determined in exactly the same way as if the spouse/civil partner was an EEA national.
(a) Where the partner is an asylum seeker:
IQA is payable provided that the normal conditions for payment of an IQA are satisfied.
The claim should be kept under review to examine the outcome of the application for asylum.
(b) Where the cohabitant’s asylum application has been rejected:
The IQA remains payable during the period of the Judicial Review provided all other conditions for payment of an IQA continue to be satisfied. The claim should be kept under review to examine the outcome of the application for Judicial Review.
(c) Where a cohabitant has a restricted visa:
When a Non-EEA National enters the country for a specific period of time and for a specific purpose, for example, on a student visa, they are obliged to show, before they are allowed to enter the State, that they have sufficient funds to support themselves for the duration of the stay.
In a cohabitation case, an application for an IQA in respect of a person with a restricted visa should be referred to a SWI to establish the details of the cohabitant’s income. When it is established that the normal statutory conditions for payment of IQA are satisfied, IQA may be paid. The Department of Justice should be notified of the award of an IQA in this type of case. In addition, the IQA entitlement should be kept under review.
(British passport holders who were not born in the United Kingdom, for example, citizens of Malta, Gibraltar, Cyprus, Canada, Australia, New Zealand, India, Pakistan, Nigeria, South Africa and other former British colonies).
As there are a number of scenarios, all such cases should be referred to the Department of Justice for clarification regarding right of residence in Ireland.
Persons born in the Isle of Man or the Channel Islands do not benefit from the EEA/EU provisions relating to the free movement of persons and services.
Under the EEA/EU Regulations a person shall be regarded as a UK citizen if:
Where a person who is the holder of an Irish Passport but was born and reared abroad (for example, in the USA) and claims Jobseeker's Allowance, the Genuinely Seeking Work aspect should be thoroughly checked having regard to the fact that most such persons come to Ireland for holiday or cultural purposes rather than to seek employment.
This is a term often used by the media to describe persons categorised as seeking to live an alternative lifestyle. Any person who describes themselves as such should not be treated any differently or more strictly than other applicants. As in the case of all EEA/Non-EEA nationals such persons are obliged to satisfy the same conditions of entitlement with regard to availability for work and so on, as other applicants. Intreo Centres/Branch Offices are entitled to conduct whatever investigations are considered necessary to ensure that the statutory conditions are satisfied. Use should be made of the questionnaire (form AL 2) already referred to above.
Employment Support Services measures are separated into two categories:
The Social Welfare Consolidation Act 2005 (as amended by the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013) provides for a reduction in payment where a person, following notice given by or on behalf of the Minister:
or
where a request is made by or on behalf of the Minister to that person (as a consequence of attendance for or submission to an assessment at i) or ii) above) to participate in, agree to participate in or avail himself or herself of an opportunity of participating in a scheme, programme or course, as the case may be, at a) or b) above.
Prescribed Employment Programmes and Schemes and Courses of Education, Training and Development
It is very important that Deciding Officers give full details of the grounds and reasons for their decisions. Also, officers should be careful to distinguish between the decision (not available, not Genuinely Seeking Work or both) and the grounds for the decision. Please see examples below.
Grounds for decision
The person does not have permission to reside in Ireland and accordingly cannot be considered to be freely available to take up employment in Ireland.
Grounds for decision
The person while permitted to reside in Ireland is prohibited by terms of residence from taking up employment in Ireland and accordingly cannot be considered to be freely available to take up offers of employment in Ireland.
Grounds for decision
Having reviewed the investigating officer's report and the facts contained in the persons application form, I am not satisfied that the person is genuinely seeking work. Specifically I have had regard to the fact that (select reason(s) appropriate to each case):
indicates that they are not genuinely interested in pursuing employment in Ireland.
It is clear from a printout of the names of persons classified under Previous History Code 1 - “Outside the State - Non National" - that this code has been incorrectly applied to many persons who in fact should have been classified under Code 2 “Outside the State - Returned Emigrants ". Please ensure that persons of IRISH origin returning home to Ireland are not classified under Code 1 and revise any such existing cases that come to light.
It is a requirement that a person prove unemployment by attending at an Intreo Centre/ Branch Office (or other designated place) on a day and at a time that an officer of the Minister may direct for the purpose of making a written declaration that they have been continuously unemployed since last signing-on or that they expect to be unemployed for a future period.
(See also paragraph: Signing Arrangements)
To qualify for JA, a person must satisfy the conditions as to means. The person's weekly means, calculated in accordance with legislative provisions, must be below the amount of JA which would otherwise be payable to the person. JA is not payable where the weekly means are equal to or exceed the family rate. Means are deducted from the family rate.
Means are rounded to the nearest €1.00,50c (being rounded upwards).
(For details of what is assessable as means, and how means are calculated - See the following separate guidelines: JA Means Assessment Spouse / civil partner / cohabitant earnings)
A statutory rental disregard of up to €269.23 per week (€14,000 per year) applies in respect of rental income from renting out a room(s) in your home to someone who is not an employee or an immediate family member. See Means Assessment Guidelines for more details.
The rental disregard of €269.23 per week (€14,000 per year) also applies where an increase for a qualified adult is paid. See Increase for a Qualified Adult Guidelines for more details.
The Jobseeker’s Transitional Payment is a provision under the Jobseeker’s Allowance scheme that is available to lone parents (both former OFP recipients and new lone parents), who are not co-habiting and have a youngest child aged 7 to 13 years inclusive. The payment is known as JST.
JST recipients are exempt from the JA conditions that require them to be available for, and genuinely seeking, full-time work. They are also exempt from the 4 in 7 rule and can work any work pattern and still receive a payment subject to a means test. They can also move into education and/or employment, including into part-time employment, and still receive payment, subject to a means test.
All JST recipients must engage with the department’s Intreo service.
JST claimants who are married and have recently separated, must be separated for 3 months before they can qualify for Jobseeker’s Transitional Payment. Unmarried persons may apply for JST from the first day they become a lone parent.
The holiday entitlement for JST claimants is 3 weeks in any calendar year.
Half-rate Adoptive Benefit, half-rate Carer’s Benefit, half-rate Health and Safety Benefit and half-rate Maternity Benefit are not payable with JST.
Link to Jobseeker’s Transitional Payment Guidelines: Jobseeker’s Transitional Payment
Link to One Parent Family Payment Guidelines: One-Parent Family Payment
Fish Assist is not a separate scheme, it is payable under Jobseeker’s Allowance. However as it is based on the Farm Assist scheme, a statutory scheme (Chapter 11 of the SWC Act 2005 as amended). It is regarded as a long term scheme from the first day of the claim.
Secondary Benefits, Fuel Allowance and Christmas Bonus may be payable from the start of the claim, subject to satisfying any conditions applicable to the benefit.
A fisherman means a person engaged in sea fishing as a self-employed person:
(a) on a fishing boat entered in the Register of Fishing Boats, or
(b) on a fishing boat that has a licence to fish for salmon
A self-employed fisherman may qualify for Jobseeker’s Allowance. To qualify for Jobseeker’s Allowance a person must be available for and genuinely seeking work and satisfy a means test. The means of a self-employed fisherman is based on their net income. The net income is gross income less expenses. Means that a self-employed fisherman may have from other sources of self-employment is assessed in the same way. Generally, in assessing the means of a self-employed person the level of earnings in the preceding 12 months is used to determine their expected income in the following year. However, where there is a substantial change in the level of income this is taken into account in determining the means.
Certain disregards apply to self-employed fishermen. The disregards are as follows:
Where a self-employed fisherman or their spouse/civil partner/cohabitant is engaged on a seasonal basis in the occupation of fishing, one half of so much of the income from such as does not exceed EUR 153.00 per year and one third of so much of the income as exceeds EUR153.00 per year but does not exceed EUR 381.00 per year:
(a) Farm income and other income from off-farm self-employment or in the case of a fisherman, the gross income derived from any form of self-employment, will be assessed at 70%. There are additional disregards of €254 for each of the first 2 children and €381 for the third and subsequent children.
The child disregards are applied first, then 70% of the balance assessed.
(b) The net income is assessed at 100% and the income disregard for children was removed.
A disregard of €5,000 is allowed against any payments under the Rural Environment Protection Scheme (REPS), the Agri-Environment Options Scheme (AEOS) or the Green, Low-Carbon, Agri-Environment Scheme (GLAS). The balance is halved and any expenses associated with the scheme are deducted.
A “person engaged in share fishing” means a self-employed contributor who is a member of the crew of a fishing vessel and whose principal means of livelihood is derived from a share in the profits or the gross earnings of the working of the vessel.
A fisherman can sign on if
*Any day spent doing repair/maintenance work to ensure the boat is seaworthy does not count as a day of unemployment
Shared fishermen who are classified as self-employed and who are already paying PRSI at Class S may pay a Class P contribution. Persons who pay PRSI at Class P may qualify for Jobseeker’s Benefit (JB)
A person may be disqualified from receipt of JA in certain circumstances. Any period during which a person is disqualified is not counted as part of the continuous period of unemployment.
A person who would otherwise be entitled to payment may be disqualified for the full period in the following circumstances:
A person who would otherwise be entitled to payment may be disqualified from receiving JA for such period as may be determined by a Deciding Officer, but in any case not exceeding 9 weeks, for any of the following reasons:
A disqualification of up to 9 weeks may be imposed if the Deciding Officer is satisfied that the person refused an offer of suitable employment. Each case is examined with regard to the particular circumstances that apply to it.
A disqualification of up to 9 weeks may be imposed if the Deciding Officer is satisfied from the evidence before them that the reason the person lost their employment was due to their own misconduct and the misconduct was wilful and has directly caused the loss of the employment. The period of disqualification may only be imposed from the date that the person lost their employment.
(See separate guideline Revised decisions)
Examples of misconduct that may lead to disqualification could include:
Occasionally, an employer may give a person the option of resigning rather than being dismissed for misconduct. Where a disqualification is considered appropriate in such a case, the ground of disqualification is "misconduct" rather than "leaving the job voluntarily".
A person may be disqualified from receiving JA for up to 9 weeks from the date of leaving employment if they have left it voluntarily without good cause.
'Good cause' is not defined, it is for the Deciding Officer to apply a common sense meaning to the expression in considering the case. Factors that may be taken into account could include the circumstances surrounding any changes in working conditions, the financial situation of the firm; whether leaving the employment amounted to constructive dismissal (that is, the person left the employment following harassment/abuse from the employer).
A 9-week Disqualification of Jobseeker’s Allowance or Benefit may be imposed in circumstances where a person who has already had their rate reduced (Penalty Rate) for a period of not less than 21 calendar days (3 weeks) and continues to refuse or fail, without good cause, to engage in Group Engagement, one-to-one meetings, suitable education, training or development opportunities or specified employment programmes and schemes.
Where any of the above disqualifications is imposed, the period must be calculated with reference to the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy (as the case may be) occurred.
Credited Contributions are awarded for the duration of the above disqualifications, subject to the conditions of being available for, capable of and genuinely seeking work being fulfilled.
A person shall be disqualified from receipt of JA in respect of any period where they are detained in prison or a mental institution which is being maintained wholly or partly out of public moneys or by a local authority.
A person is disqualified from JA for any period that they are participating in a Community Employment Scheme (CE). Credits are not awarded as PRSI contributions are payable. However, the period on CE is disregarded for linking purposes.
This initiative will provide Qualified Adults (QAs) currently being paid on a Jobseeker’s Allowance claim, with the opportunity to participate in a Community Employment (CE) Scheme without a requirement for them to make an application for a qualifying payment in their own right. The same rules will apply to a Qualified Adult’s participation in CE as regards duration, training, and development requirements etc., as all other CE participants.
The Increase for a Qualified Adult rate is not payable where the Qualified Adult participates in a CE Scheme. The Jobseeker’s Allowance customer is paid the Personal Rate, paid at the appropriate age-related rate, and a Child Support Payment (previously known as Increase for a Qualified Child) at half-rate only. The means from the Spouse/Civil Partner/Cohabitant’s employment on the CE Scheme, are halved, along with any other means assessed on the claim.
The Spouse/Civil Partner/Cohabitant on the CE Scheme is paid a CE Rate, and an Child Support Payment (previously known as Increase for a Qualified Child) at half-rate.
A person is disqualified from receipt of JA for any days in which they are attending a full-time day course of study, instruction or training at one of the following institutions:
The 3 month disqualification period for receipt of JA commences on the day following the last examination. This date will vary from student to student. It is incorrect to apply a disqualification period with a common start and end date for all cases, for example, 3 months from 26 June to 26 September.
This disqualification extends for 3 months after the person has completed the Leaving Certificate Examination or for 3 months after the person finally leaves full-time second level education (whichever is the later).
Students who leave second-level education without completing the Leaving Certificate are disqualified for 3 months from the date of leaving school. Written verification should be sought from the school confirming the date of cessation.
Students disqualified from receipt of JA for 3 months following completion of the Leaving Certificate, who resume studies or who repeat the examination the following year, are subject to disqualification in the repeat year.
Irish and other EEA/non-EEA students studying abroad who have just completed second level studies abroad are similarly subject to disqualification (for 3 months from the date of leaving school or completion of examinations).
BTEA participants who are second level students are not subject to the 3 month disqualification.
Third level students who have not completed their final year at college are disqualified from receipt of JA during the academic term and for the duration of the summer vacation periods. This disqualification also applies to:
Third level students between academic years who sit summer examinations but state that they do not intend to return to college in the autumn should be regarded as following a course of study up to the commencement of the next academic year. As such, they are subject to disqualification up to the commencement of the next academic year (in September/October, as appropriate).
Third level students who state that they do not intend to continue with their studies and leave before the completion of the academic year (without sitting summer examinations) may be regarded as no longer "attending a course of study". As a result they are not subject to this disqualification. Colleges should be requested to confirm that the student has left and does not intend to sit end of year examinations.
The legislation provides for disqualification while attending a full-time day course of study. Third level students who have completed final examinations but are completing theses or projects cannot be regarded as still attending a full-time day course of study and, therefore, cannot be disqualified under this provision. Entitlement may, however, be considered under the availability condition, - Section 141 (4) (c) depending on the degree of commitment to the project/thesis.
Students pursuing a course at Postgraduate level by research only, who do not have fixed lectures or holidays but who work "at their own pace" until the thesis is submitted should have their entitlement examined. Each case should be examined on an individual basis to ensure that the general availability/GSW conditions are satisfied.
It is considered inappropriate to disqualify students who are only registered to sit examinations (that is, are not attending an Iinstitution of education). These are mostly repeat year students registered for examinations only but also include persons studying at night and those following Open University courses. Such persons are not disqualified from receipt of JA under Section 148 of the Social Welfare Act 2005. However, these students must continue to satisfy the availability/GSW conditions.
A person shall be disqualified from receiving JA while they are resident, whether temporarily or permanently, outside the State.
There are two exceptions to this disqualification:
(a) A person may receive JA for 2 weeks holidays in any calendar year. These holidays may be taken abroad. They are required to inform the Intreo Centre/Branch Office 2 weeks in advance of their departure and to complete the form UP 30. All holiday payments should be made retrospectively. It is not necessary for persons to present themselves at the Office after their holidays in order for normal payments to resume and arrears due to be issued. If a person goes on holiday for longer than 2 weeks, they may be paid in respect of the first two weeks, but should be disqualified for any period abroad in excess of this.
Persons who have been approved for unpaid holiday leave outside of the standard periods that is, are away for longer than 2 weeks, should be asked to attend upon their return. It should also be noted that offices retain the discretion to invite any person to return to the Office after their holiday period where it is considered that there is a valid reason for doing so.
(b) The disqualification shall not apply in respect of any period during which a person is representing Ireland at an international sporting event in an amateur capacity. There is no limit on the amount of time that a person may spend abroad engaged in such sporting activities, but only periods of actual competition are covered. Training abroad is not covered, except in respect of final preparation and acclimatisation immediately preceding the competition.
An international event in this context means a competition such as the Olympics, Special Olympics, Para-Olympics, World or European competitions where the participants are formally representing their countries. The mere presence of athletes from various countries does not make it an international event.
Form UP 30 must be completed 2 weeks in advance.
A person is disqualified from receiving JA while they are undergoing penal servitude, imprisonment or detention in legal custody.
A person is disqualified from receiving JA if they have lost employment due to their direct interest or involvement in a trade dispute at their place of employment. The disqualification applies as long as the stoppage of work continues, except in a case where they have, during the stoppage of work, become bona fide employed elsewhere.
This provision does not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
Where separate departments exist or where branches of work are commonly carried on
each of those departments are treated as a separate factory, workshop, farm or separate premises or place.
In these cases, if a lay-off occurs in one department of a company due to a stoppage of work in another department, persons who are employed in the department where the lay-offs occur but who are not participating in or directly involved in a trade dispute are not disqualified from receipt of Jobseeker's Allowance.
In order to maintain a degree of consistency and because a strike in one place of employment may result in claims at several Intreo Centres or Social Welfare Branch Offices, when a person has lost work due to a trade dispute the claim should be notified to NPT Schemes Policy Section, even if that person is not directly involved in the dispute. When a number of similar claims are notified, a test case will be taken. However, each individual has the right to have their case examined and a separate decision made.
If a claim is made the following information should be obtained for the benefit of NPT Schemes Policy Section:
If a disqualification is applied, this decision remains for the duration of the dispute, or until the person's situation changes.
Before a decision can be made on a claim, the Deciding Officer in NPT Schemes Policy Section contacts the employer and the union to obtain a background to the dispute and to establish all the facts of the case. The Deciding Officer will notify the Intreo Centres of the decision on the claim submitted.
Credited contributions are awarded to the person for the entire duration of the dispute.
The purpose of the Tribunal is to deal with cases where entitlement to Jobseeker's Benefit or Allowance is refused by a Deciding Officer due to an involvement in a trade dispute. A person may apply to the Tribunal for adjudication on their claim.
(See also separate guideline Social Welfare Tribunal)
A claim may be back-dated for a maximum of 6 months where the person can prove to the satisfaction of the Deciding Officer or Appeals Officer that they satisfied the qualifying conditions throughout the period and that there was good cause for delay in making the claim.
Circumstances which may constitute 'good cause' for a delay in making a claim are not defined in legislation and Deciding Officers must decide each individual case on its merits.
In all cases, without exception, the maximum period that a claim may be back-dated in this way is 6 months.
See also separate guideline "Claims and Late Claims" on Late Claims.
JA is payable for as long as the qualifying conditions are satisfied.
Jobseeker's Allowance rates are made up of a personal rate and increases for a Qualified Adult, and Child Support Payment.
A family rate less means applies from 26 September 2007. The family rate is based on a personal rate, a full qualified adult rate and full Child Support Payment rate less means. A disregard of €20.00 a day for each day worked by the claimant up to a maximum of 3 days each week applies (max. €60.00 a week).
Rates of payment are set out in the information booklet SW19.
In all cases where a payment is being made for a week or part of a week, the rate calculated is rounded to the nearest 10 cents.
Persons who are no longer entitled to Carer’s Allowance or One-Parent Family Payment and who immediately claim Jobseeker's Allowance do not have to serve waiting days on the JA claim. The eligibility condition for secondary benefits that is, Fuel, Christmas Bonus and so on, is examined in each case.
The reduced Jobseeker’s Allowance rate of €100 per week applies to claimants aged 18 to 24 years, it applies to both new and existing claimants. For claimants aged 25 years the rate of €144 per week applies. Existing claimants (on 15 January 2014) aged 22- 24 years who were in receipt of €144 remain on that rate. Existing claimants (on 15 January 2014) aged 25 years who were in receipt of €188 remain on that rate.
From week beginning 6 January 2020, the age-related payment rates will only apply to customers under 25 years. Customers aged 25 years are entitled to receive the maximum personal rate of Jobseeker’s Allowance.
Rates of payment are set out in the information booklet SW19
A person aged between 18-24 years inclusive who is living independently and in receipt of State supports (Rent Supplement, Housing Assistance Payment (HAP) Rent Accommodation Scheme (RAS) and Local Authority Differential Rent) will receive the full-rate of Jobseeker’s Allowance.
A person aged between 18 -24 years inclusive who returns to live in the family home after living independently will receive the appropriate age-related payment of Jobseeker’s Allowance, until they reach 25 years.
The reduced rate does not apply in the following circumstances:
From 1 January 2019, JA customers aged 25 who were in the care of the HSE at any time during the 12 months before they reached 18 years, are exempt from the JA reduced age-related rates.
From 15 January 2014 ex-HSE customers who claim JA will not be subject to a reduced JA rate if they are between 18 and 24 years (inclusive). However, when they reach 25 years they are subject to the reduced rate for persons aged 25 years.
An existing ex- HSE customer on 15 January 2014 (aged 25 years) who was in receipt of €188 (prior to Budget 2014) remained on that rate of Jobseeker’s Allowance.
See separate guidelines on "Increases"
Note: Limitations do not apply to JA customers from the ages of 18-24 unless they qualify for the full personal rate.
A limitation is applied to the total amount a couple can receive where both are claiming a means-tested payment. Where both members of a couple are claiming any (or a combination) of the following:
their combined payments cannot exceed the amount which would be payable if only one person made a claim. Where each qualify for a different rate of payment, the higher of the two amounts is the maximum amount which can be paid to the household. The couple will not necessarily receive this amount; it simply means that their combined payments cannot exceed this amount.
Each of the couple is entitled to be paid one-half of the amount (including any increases where appropriate) which would be payable to him or her if only one of them was being paid.
There are, therefore, two steps which should be followed to determine the actual entitlement of each member of the couple:
(1) establishing the maximum amount which can be paid to the couple, and
(2) establishing the amount to be paid to each person
Establish the maximum amount which can be paid to the couple
This is done by calculating how much each would receive if only one of them made a claim. These may be different amounts, for example, because of the way in which means are assessed or because only one of them may qualify for an increase in respect of a qualified adult or qualified child. Where this is the case, the higher of these two payments is the maximum amount which may be paid to the couple.
Note: In calculating the amount which would be paid to either of the couple if only one of them made a claim:
Establish the amount to be paid to each of the couple when both make a claim (the combined total of which cannot exceed the maximum amount payable).
This is calculated by halving the amount which would be paid to each of them if they both had claims (as per Step 1). See examples below.
If each person qualifies for the same family rate of payment, each receives half that family rate.
Both of the couple are claiming JA. They are both 25 years of age or over, and have no means assessed against them.
Rates from 28 December 2022
| JA Claim: Claimant 1 | JA Claim: Claimant 2 | |
| Personal rate | €220.00 | €220.00 |
| QA | €146.00 | €146.00 |
| Total | €366.00 | €366.00 |
In this case each receive half the family rate that applies to them, €183.00 (€366.00 divided by 2).
One of the couple is 26 and qualifies for €220.00 on JA. The other person is 21 and qualifies for €129.70 on JA. They have no means assessed against them.
| JA Claim: Claimant 1 | JA Claim: Claimant 2 | ||
| Pers rate: | €220.00 | Pers rate: | €129.70 |
| QA: | €146.00 | QA: | €129.70 |
| Total: | €366.00 | Total: | €259.40 |
No limitation applies. If they claim individually, each will receive the personal rate that applies to them.
It would be financially more beneficial for Claimant 1 (aged 26) to claim for the couple as the total that they would qualify for would be €366.00 (€220.00 + €146.00).
But if each were to claim separately the total that they would qualify for would be €349.70 (€220.00 + €129.70).
Where one member of a couple is claiming JA and the other is in receipt of one of the following payments:
their combined payments cannot exceed the amount which would be payable if only one person made a claim. Where each would qualify for a different rate of payment, the higher of the two amounts is the maximum amount which can be paid to the household. The couple will not necessarily receive this amount; it simply means that their combined payments cannot exceed this amount.
Where the combined payments would exceed this maximum amount, the JA payment must be reduced by the amount of the excess (that is, the JA payment is LIMITED to the difference between the MAXIMUM AMOUNT PAYABLE and the amount of the other payment).
There are, therefore, two steps which should be followed to determine the actual entitlement of each member of the couple:
Step 1: Establish the maximum amount which can be paid to the couple.
This is done by calculating how much each would receive if only one of them made a claim. These may be different amounts, for example, because one qualifies for a standard rate of JB while the other only qualifies for a reduced rate of JA, or because one qualifies for an increase in respect of a qualified adult or qualified child. Where this is the case, the higher of these two payments shall be the maximum amount which may be paid to the couple.
Note: In calculating the amount which would be paid to either of the couple if only one of them made a claim:
Step 2: Establish the amount to be paid to each of the couple when both make a claim (the combined total of which cannot exceed the maximum amount payable)
Where each of the couple make a claim in their own right, no IQA is payable on either claim. If there are qualified children, neither can claim full-rate IQC, although both may qualify for half-rate IQC.
If their combined payments exceed the MAXIMUM AMOUNT PAYABLE to the couple, the JA payment must be reduced by the amount of the excess.
One of the couple is claiming JA and has no means assessed against him/her.
The other person is claiming JB and is fully unemployed.
Rates from 28 December 2022
| JB Claimant | JA Claimant | ||
| Pers rate: | €220.00 | Pers rate: | €220.00 |
| QA: | €146.00 | QA: | €146.00 |
| Total: | €366.00 | Total: | €366.00 |
The Maximum Amount Payable to the couple is €366.00. If each claimed separately, the JB customer would receive €220.00. As the maximum amount payable to the couple is €366.00, the JA Personal Rate must be reduced.
| JB Claimant | JA Claimant | ||
| Pers rate: | €220.00 | Pers rate: | €146.00 |
The means-tested payment must be reduced so that the Maximum Amount Payable to the couple is not exceeded.
€366.00 - €220.00 = €146.00. Therefore the JA (means-tested payment) must be reduced to €146.00.
JB claimant receives €220.00 and the JA claimant receives €146.00, a total of €366.00, which is the Maximum Amount Payable to the couple.
One of the couple is claiming JA and has no means assessed against him/her.
The other person is claiming JB and is fully unemployed. JB claimant qualifies for a reduced personal rate of JB.
Rates from 28 December 2022
| JB Claimant | JA Claimant | ||
| Pers rate: | €98.70 | Pers rate: | €220.00 |
| QA: | €94.50 | QA: | €146.00 |
| Total: | €193.20 | Total: | €366.00 |
Maximum Amount Payable for the family is €366.00. If each claimed separately they would receive the following.
| JB Claimant | JA Claimant | ||
| Pers rate: | €98.70 | Pers rate: | €220.00 |
€98.70 + €220.00 = €318.70
If the couple claim separately they will not receive the maximum amount payable. They will receive a total of €318.70. It is financially more beneficial if the JA claimant claims for the family.
SAVER CLAUSE (Claims Pre-07 April 1999)
1. Where one of above limitations would apply, but the JA/PRETA claim is linked back to a claim made prior to 07 April 1999, (for an explanation of linked JA claims, please read the paragraph entitled "Continuous Periods of Unemployment (CPU) and Linking"), the maximum payment and limitation should be calculated using the following formulae:
Where both members of a couple are claiming any (or a combination) of the following:
each of the couple will be paid an amount of JA or PRETA which will equal one half of the amount that they would qualify for if they were claiming JA, or PRETA with their partner as their Qualified Adult.
It does not matter that the spouse/civil partner/cohabitant involved would not normally be admitted as a Qualified Adult. In establishing the limitation rate, the full personal rate plus the qualified adult increase plus full Child Support Payment (previously known as Increase for a Qualified Child) less full means are used (that is, means are not halved as a qualified adult is deemed to be in payment).
SAVER CLAUSE Continued (Claims Pre-07 April 1999)
Where one member of a couple is claiming JA and the other is in receipt of one of the following payments:
the total amount payable to the household cannot exceed the amount which would be payable if the spouse/civil partner/cohabitant on assistance or benefit/pension claimed the other as an adult dependant, whichever is the higher.
Where both are claiming (each receive half-rate IQC) and the combined payments exceed the maximum payable, the amount of JA payable to the spouse/civil partner/cohabitant is reduced by the amount of the excess.
The limitation is established by calculating the greater amount which would be payable if one spouse/civil partner/cohabitant was claiming for the other.
The amount payable to each spouse/civil partner/cohabitant is then established and the amount which is payable on the Benefit/Pension is deducted from the limitation amount. The balance is the amount which is payable to the spouse/civil partner/cohabitant on JA (provided it is less than the JA Personal Rate plus half rate IQC less ½ means).
NOTE: This 'saver clause' applies even if the claim was not subject to a limitation prior to 7 April 1999.
(a) CLAIMANT on Course of Education/Training and Development (Part-time or Full-time)
(i) JA is not payable where a person is in receipt of an allowance in respect of any full-time or part-time course of education, training or development (including a course run by SOLAS or Education and Training Boards). S/he does not continue to satisfy the conditions for receipt of an unemployment payment on the grounds that s/he is not considered to be available for full-time work.
(ii) Where the claimant is not in receipt of an allowance, the claim should be examined to determine if s/he qualifies for continued payment of JA under the Education, Training and Development (ET&D) option or the Part-Time Education Option (PTEO) - see Back to Education Guidelines for more details. (Payments received for expenses necessarily incurred, for example, travel and meal expenses are disregarded for means purposes).
(b) Spouse/ Civil partner/ Cohabitant
(i) Spouse/Civil Partner/Cohabitant on a SOLAS or Education and Training Boards Course
Where the spouse/civil partner/cohabitant of a JA claimant is in receipt of an allowance in respect of a SOLAS or Educational and Training Board course, s/he is not considered to be a qualified adult dependant. SOLAS/Education and Training Boards are responsible for paying the spouse/civil partner/cohabitant (and an increase for qualified children if applicable).
All training allowances received by the spouse/civil partner/cohabitant are disregarded in the assessment of means.
(ii) Spouse/Civil Partner/Cohabitant on other Training/Educational Courses
Where a spouse/civil partner/cohabitant is participating in a full-time or part-time course which is not administered by SOLAS or Educational and Training Boards, the full increase for a qualified adult (IQA) is payable.
All training allowances received by the spouse/civil partner/cohabitant are disregarded in the assessment of means.
NOTE 1: A Qualified Adult Increase (IQA/RIQA) is not payable where the spouse/civil partner/cohabitant is in receipt of a Social Welfare payment in his/her own right, for example, Back to Education Allowance.
NOTE 2: Payments received by a spouse/civil partner/cohabitant in respect of expenses necessarily incurred in attending a course of education or training, for example, travel and meal expenses, are disregarded when calculating total gross weekly income.
JA is payable for a week of unemployment. A week of unemployment is a period of at least 4 days of unemployment in a designated period of 7 consecutive days. This `JA week' runs from Wednesday to Tuesday including Sundays.
To be paid JA for any week,
Note: In such cases, the person has no entitlement to JA for the first week. This does not apply in the exceptional circumstances where JA is paid in respect of days of unemployment - see below.
Example: The week runs from Wednesday to Tuesday (Sundays are included). This is an example of a person's signing pattern over a consecutive 6 week period. The person will receive payment for the weeks indicated as weeks of unemployment.
| W | T | F | S | S | M | T | ||
| Week 1 | X | X | X | X | O | O | O | A week of unemployment |
| Week 2 | O | O | O | O | X | X | X | Not a week of unemployment |
| Week 3 | X | O | O | O | O | O | O | A week of unemployment |
| Week 4 | O | X | X | O | O | X | X | A week of unemployment |
| Week 5 | X | O | O | O | O | X | X | Not a week of unemployment |
| Week 6 | O | O | O | X | X | O | O | A week of unemployment |
X' = day of unemployment
'O' = day of employment
JA was payable for a week of unemployment. A week of unemployment is a period of at least 3 days of unemployment in a designated period of 6 consecutive days. This `JA week' ran from Wednesday to Tuesday (excluding Sundays).
To be paid JA for any week,
Note: In such cases, the person has no entitlement to JA for the first week. This does not apply in the exceptional circumstances where JA is paid in respect of days of unemployment - see below.
Example: The week ran from Wednesday to Tuesday (Sundays were excluded). This is an example of a person's signing pattern over a consecutive 6 week period. The person will receive payment for the weeks indicated as weeks of unemployment.
| W | T | F | S | S | M | T | ||
| Week 1 | X | X | X | O | O | O | A week of unemployment | |
| Week 2 | O | O | O | O | X | X | Not a week of unemployment | |
| Week 3 | X | O | O | O | O | O | A week of unemployment | |
| Week 4 | O | X | X | O | O | X | A week of unemployment | |
| Week 5 | X | O | O | O | O | X | Not a week of unemployment | |
| Week 6 | O | O | O | X | X | O | A week of unemployment |
`X' = day of unemployment
'O' = day of employment
In the following specified circumstances JA will be payable for days of unemployment, instead of a week.
a) Where the first 3 days of unemployment are "waiting days" (see below) JA will be paid for the remaining days of unemployment in the JA week.
b) Where a person is disqualified for part of a JA week, JA may be paid for any remaining days of unemployment in that week. This includes cases where a person transfers from Jobseeker's Benefit after 234 days (previously 312 days on JB) and makes a claim for JA.
c) Where a person makes a repeat claim mid-week, JA may be paid for the days of unemployment in that week. (A repeat claim is a linked claim where waiting days are not served - see below).
d) Where a person returns to work mid-week the remaining days of unemployment are payable.
The following are examples of repeat claims:
(Where a casual/part-time claimant works 4 or more days per week for a period of less than 4 weeks, s/he should be paid on a weekly basis from the week on which s/he again satisfies the 4 in 7 rule.)
The duration of a person's JA claim is recorded in terms of days of unemployment. This cumulative total (CT) is the total number of days of unemployment paid on JA in one continuous period of unemployment.
JA claims are made up of continuous periods of unemployment (CPU). These are periods of at least 4 days of unemployment, whether consecutive or not, within a period of seven consecutive days. Any two such periods not separated by more than 52 weeks shall be considered the same continuous period of unemployment - this is known as linking the claims. Where two claims are linked the cumulative total number of days is carried from the first claim to the second.
A person is not entitled to JA for the first 3 days of a separate CPU. These 3 days are called waiting days.
Waiting days are not applied where a person:
Any periods spent on the following schemes are disregarded when determining the break between two JA claims, for example, a person may go to a SOLAS training scheme from JA for a period (no matter how long) and may resume their JA as if s/he had never been away. In these cases no waiting days are served and the CT is continued from the previous claim. The following activities are disregarded when linking two JA claims:
These courses are
Community Employment is a Department of Social Protection funded Programme that benefits both the Community and the participants. The projects are involved in areas such as Arts, Community Recreation, Environmental, Community Advice and Support, Schools, Tourism, Health and Welfare Services. It provides valuable part-time work opportunities and training/development options and assists a person into a job and/or further education and training.
These courses, which are run by SOLAS (formerly FÁS), are for people who have been out of the work place for a long time - for example, women who have spent the last number of years working in the home. The courses concentrate on personal development and skills training.
SOLAS is responsible for the funding, planning and co-ordinating the of a wide range of training and further education programmes in Ireland.
Education and Training Boards (ETBs) are responsible for the delivery of Further Education and Training programmes.
The European Commission and its partners in the Member States have successfully collected a large number of hosting projects willing to receive young volunteers. The action is open to all young people aged 18-25 years. Young volunteers will have the opportunity to spend between 6-12 months getting to know another country, another culture and another language, by taking part in a project which contributes to the well-being of a local community. Volunteers will be able to broaden their horizons and improve their chances of starting out in life.
See separate guideline Part-Time Job Incentive Scheme
A National Fuel Allowance (NFA) is payable for the duration of the fuel season to JA persons who satisfy the following conditions. The person must:
AND
must not have:
From 27 September 2007 a person who is claiming a Social Welfare Payment (other than Carer's Allowance or Carer's Benefit) or being claimed for as a Qualified Adult and who is providing full time care to another person may now apply for Carer's Allowance and retain their current payment in full. If they satisfy the conditions for Carer's Allowance it will be awarded at 50% of the personal rate they would qualify for if they were not in receipt of any other payment. They may also be eligible for Household Benefits and a Free Travel Pass.
See "Carer's Allowance" guideline for more information.
Personal rate JA or an Increase for Qualified Adult is not payable to (or in respect of) a person at the same time as most other social welfare payments.
For example, Working Family Payment (WFP) is not payable with:
in respect of the same person for the same period.
A person who is in receipt of WFP may not be claimed as a Qualified Adult on their spouse/civil partner/cohabitant's JA claim.
Where a person is entitled to Jobseeker's Benefit (JB) s/he may choose to claim Jobseeker's Allowance (JA) instead provided s/he satisfies the JA means test. This is referred to as 'Optional JA'.
JB may be paid while awaiting a decision on JA entitlement. When the Optional JA claim is decided, payment of JA may be authorised from the date of application. In such cases, payment will be adjusted to offset the amount of JB paid on account of Optional JA. The decision to opt for JA in lieu of JB may be made at any time during the JB claim.
Any day in respect of which a person receives JA while entitled to JB shall be treated as though it were a day in respect of which JB was paid [Section 67 (8) of the Social Welfare (Consolidation) Act, 2005]. This means that each day in respect of which Optional JA is paid counts as a day towards a claimant's entitlement to 234 days (was 312 days) JB. JB entitlement is thus exhausted when the claimant has been paid Optional JA for 234 days (was 312 days). To re-qualify for JB a claimant will require 13 paid contributions from the 157th day of the JB claim.
The claimant may revert back from JA to JB at any time during the optional period, that is, until 234 days (was 312 days) are exhausted. There is no limit on the number of times a person may avail of this option during the course of a JB claim.
There are a number of exceptions to the overlapping provisions in relation to JA, including:
JA may be paid to a person, or in respect of a person who is in receipt of Disablement Benefit/Pension at the same time, but
JA may be paid to, or in respect of, a person in receipt of a Guardian's Payment (Contributory or Non-contributory, including Death Benefit by way of Guardian's Payment), except where the person who is in receipt of the Guardian's Payment (that is, the guardian) is, at the same time, also in receipt of either
A Child Support Payment (previously known as Increase for a Qualified Child) is not payable on any social welfare payment, in respect of a child for whom Guardian’s Payment (Contributory) or (Non-Contributory) is in payment. Where a customer in receipt of Guardians Payment has an additional child(ren) in respect of whom they are not in receipt of Guardians Payment, an IQC may be payable in respect of that child(ren) so long as the IQC conditions are satisfied.
Where a person claims JA and states that his/her spouse/civil partner/cohabitant is in receipt of BTWA
Where both of a couple are in receipt of JA/JB and one claims BTWA
Where a son/daughter of a person on BTWA claims JA
In these cases, the value of free board and lodgings is assessed as means by reference to the earned parental income; account is taken of the BTWA payments to the parent.
There are agreements concerning JB entitlement among the following European countries:
| Austria | Liechtenstein | Belgium |
| Lithuania | Bulgaria | Luxembourg |
| Croatia | Malta | Cyprus |
| Norway | Czech Republic | Poland |
| Denmark | Portugal | Estonia |
| Romania | Finland | Slovakia |
| France | Slovenia | Germany |
| Spain | Greece | Sweden |
| Hungary | Switzerland | Iceland |
| The Netherlands | Ireland | United Kingdom |
| Italy | Latvia |
The EU regulations that apply to the countries listed above are 883/2004 and 987/2009.
The areas of the UK that are not members of the EU are not covered by EU regulations, that is, Isle of Man and the Channel Islands. These are covered by the Ireland UK Bilateral Agreement.
Romania and Bulgaria joined the European Union on 1 January 2007.
These agreements are contained in EEA/EU regulation 883/2004 . For a JB claim to be covered by these regulations the claimant must be a national of one of the above countries or a stateless person (refugee) who is permanently resident in one of the above countries. There are 3 main articles in regulation 883/2004 that refer to JB, article 6, 64 and 65 . (See JB guideline for details)
If there is likely to be an undue delay in the processing of the JB claim awaiting EU record in another EU country, the person should be advised to claim JA pending a decision on his/her JB claim.
This JA claim is subject to all the normal conditions for receipt of JA. When the person's JB entitlement is subsequently established, any JA paid should be treated as paid on account of JB.
If the person's entitlement to JB is lower than the JA entitlement s/he may continue to receive JA in lieu of JB. In such cases, the JA is treated as paid on account of JB, and that JB is recovered from the person's home country.
A person makes a claim to JA by completing the claim form UP 1 at the nearest or most convenient Intreo Centre/Branch Office . The form must be signed by the person in verification of the contents or, if unable to sign, his/her mark must be made.
A person must provide the following information when completing the form UP1:
A person who is employed for 4 or more consecutive days and becomes unemployed, may make a repeat claim for JA when that employment ends.
Where a person re-applies for JA within 52 weeks of a previous JA claim, s/he is entitled to receive the same rate of JA that was previously in payment subject to any change of circumstances and budgetary increases.
These are termed as repeat claims.
A person claiming JA must prove his/her identity by showing the following documentation:
Public Services Card (PSC) if issued. The issuing of the PSC is being rolled out nationally.
OR
Photographic identification - Current Valid Passport
Alternatively a Current Valid National Identity Card is acceptable for EEA Nationals
OR
Current Valid Driver's Licence or Current Learners Permit and Standard Birth Certificate (not photocopy)
The following items are not accepted as proof of identity:
Persons are advised that no claim can be decided until identity has been proven.
A claimant who fails or refuses to engage with the authentication of his or her identity, for example, attend appointments, supply the relevant documents and so on, may be disqualified from receipt of payment (Section 241 (1) (for new and repeat claims) and Section 247C(2) (for existing claims) of the Social Welfare Consolidation Act 2005, as amended).
When a person makes a claim, the address given by the claimant is accepted and there is no requirement to provide further documentary evidence. This applies to claimants at Safe Level 2 and those not at Safe Level 2.
However, if there is a reasonable doubt in a Deciding Officer’s mind, they should request that the claimant produces evidence of address. This could arise because of the claimant’s history with the department, any unusual address changes or any overpayments resulting from address changes and so on.
In any case where it is necessary to seek evidence of a claimant's address, acceptable documents include, but are not limited to, the following:
Note: a recent document is one issued within the preceding 2 months.
If a claimant cannot supply any of the above documents, it will be sufficient for them to provide utility bills in the name of the parent, spouse/civil partner/cohabitant.
If necessary, a means review should be carried out if the Deciding Officer feels that the circumstances merit it. The reason for the review should be clearly recorded.
The onus is on the claimant to prove entitlement to JA and to produce any evidence reasonably required. Where JA is already in payment, the person is obliged to produce any supplementary information required (for example, to prove continuing entitlement) and to notify any change of circumstances (for example, spouse/civil partner/cohabitant becoming employed).
Where the person's last employment has terminated within 9 weeks of the date of claim, a form UP20 should issue to the employer to confirm the dates of employment and to establish the reason why the employment terminated. Follow-up action may be needed in some cases, for example, contacting an employer who has not completed the form UP20, or querying information furnished.
The means condition is investigated by reference to the documentation supplied by the person, and where considered necessary further enquiries are made by a Social Welfare Inspector (SWI). The report by the SWI is sent to the Deciding Officer who determines the level of the person's means based on all of the evidence available.
The completed application form UP1 is checked to establish if the claimant's source of means are derived from one of the following categories:
Where the parents/spouse/civil partner/cohabitant of a claimant are in receipt of a Social Welfare payment and there are no other means, a decision may be made by a Deciding Officer without referring the application to a SWI for investigation.
Where the parents/spouse/civil partner/cohabitant of a claimant are in employment, the means may be decided without referral to the SWI. This applies at the fresh and repeat claim stage or in the event of an adult dependant claiming a Social Welfare payment or taking up employment with a resulting review of the claimant's means.
Confirmation of earnings are requested from the claimant, that is, parents' or spouse/civil partner/cohabitant's payslip(s) plus other documentation such as Bank or Post Office deposit book(s) personal to the claimant. A means decision is applied by the Deciding Officer on the basis of the information supplied by the claimant.
See Means Assessment Guidelines re self/employment
A person whose means are insufficient to meet his/her needs, or the needs of dependants, may be entitled to payment under the Supplementary Welfare Allowance (SWA) scheme. Substitute or interim payments are not paid automatically. Such payments are only awarded where a person has no means to meet their immediate needs pending payment from another source, for example, where they are awaiting determination of an application for a Social Welfare or Health Service Executive (HSE) payment. Any interim payment, which is awarded pending the determination or payment of a Social Welfare or HSE payment, is fully recoverable from the arrears once the other payment is awarded.
Decisions regarding a person's entitlement to JA are, in all cases, made by a Deciding Officer. Details of the means assessed and of the rate awarded are advised to the claimant.
With regard to an application for Jobseeker's Allowance, the principles of Natural Justice require that a person must be informed of any statement or allegation affecting the claim of which s/he was not aware and upon which a suspension of payment or unfavourable decision may be based. This provides the person with an opportunity to refute or comment before the case is referred for formal decision. A person is entitled to know the source of any evidence adverse to his/her case. The Natural Justice provisions pertain to fresh and repeat claims as well as to claim reviews.
Each decision by a Deciding Officer is made on the particular merits of the case, having regard to its individual circumstances. A Deciding Officer exercises discretion and applies flexibility where provided for and appropriate.
A Deciding Officer may, at any time, revise any decision of a Deciding Officer or an Appeals Officer if it appears to him/her that there has been any relevant change of circumstances or of new facts which have been brought to notice since the original decision was made.
Where a claim is disallowed or payment is disqualified, the person is notified in writing of the decision on a form which gives the reason for the disallowance/disqualification.
If a person is dissatisfied with any decision made by a Deciding Officer with regard to their entitlement to JA, s/he may appeal that decision to an Appeals Officer.
Complaints of concurrent working and signing by Jobseeker's Allowance applicants are dealt with in two ways. Those relating clearly to self-employment are referred via the Intreo Centres/Branch Offices, to Social Welfare Inspectors for a review of means. All others relating to concurrent working under a contract of service are referred to Special Investigation Unit (SIU) Section.
All complaints whether received at Intreo Centre/Branch Office level or directly by SIU, are checked to confirm the subject of the complaint is or was claiming during the relevant period.
Following the investigation by a Social Welfare Inspector, a report detailing the investigation is returned to the Intreo Centre specifying the days on which the person allegedly worked and in respect of which he/she should be disallowed. The report will also contain the employer's response and record of days worked. The person has the right to appeal his/her case to an Appeals Officer, following receipt of notification of a disallowance on Jobseeker's Allowance.
Recommendations as to whether a person should be prosecuted are made by a Social Welfare Inspector or Area Manager. Where a Deciding Officer imposes a disallowance in a fraud case which contains a recommendation for prosecution, s/he refers the file to Central Prosecutions Section.
There are cases where the number of weeks employment and the number of credits which are recorded from weeks of unemployment exceed 52. This will indicate that the person was concurrently working and signing. These cases are also referred to a Social Welfare Inspector (SWI) for investigation.
Natural Justice requires that the person understands the procedure that is taking place, that his/her entitlement is under review, the evidence on which the revised decision is based, and is given the opportunity to comment on any evidence not personally supplied and have their reply recorded.
Jobseeker’s Allowance is paid weekly in arrears. All jobseekers are paid weekly to their local post office, except if you are working part-time or short-time or if you are over 62.
If you work on a casual basis, your payment will be made into a financial institution or by cheque for administrative reasons.
Stop dates are inserted in the computer system for appropriate dates, for example, person reaches pension age, or a dependent child reaches 18 or 22 years of age.
If a cheque payment is lost or is not received by the person, s/he is required to complete a statement to that effect. A replacement payment will follow on foot of this. An agreement is also signed by the person in these cases that, should an overpayment of JA occur as a result of two payments being cashed by him/her in respect of the same period, the overpayment will be recovered at the earliest possible opportunity.
It is for the Intreo Centre to decide how often the person must sign a declaration of unemployment, where and at what times. A person may be disallowed for failure to sign on.
Persons who receive payment by way of Postdraft are reminded of their signing day on their post office receipt.
Where a person fails to sign on his/her signing day and has still failed to sign by the end of the following day, payment is suspended. If the person contacts the Branch Office or Intreo Centre s/he is questioned as to why s/he didn't attend on the appointed day.
Where a Deciding Officer is satisfied that the person still satisfies the statutory conditions for Jobseeker's Allowance, the payment suspension is removed and payment will issue. If there is any change in the payment amount, the unemployment pattern is amended before the payment issues.
Regular failure to attend on the appointed signing day may result in loss of payment.
Evidence of efforts to find work must be submitted by the person to the Deciding Officer when requested. Such evidence would include responses to job applications, results of interviews, and a list of employers that have been contacted regarding employment.
People who are working part of the week and claiming JA for the days that they are unemployed are required to submit weekly dockets certified by their employers stating the days that they were employed in a specified 7 day period.
A person’s entitlement to JA is reviewed on a continuing basis to ensure that s/he continues to satisfy the conditions of entitlement. (See paragraphs above in relation to the Availability and GSW conditions).
A review may be carried out where doubt arises about the fulfilment of any of the conditions: for example, failure on the part of a person to produce sufficient evidence of genuinely seeking work, failure to prove unemployment in the prescribed manner, refusal or failure to attend activation meetings, refusal or failure to participate in prescribed schemes, programmes or courses.
The means of the person may be reviewed from time to time at the discretion of management, having regard to current work priorities and resources. The person may him/herself request a review of his or her means at any time.
Where it appears that a question has arisen or may arise as to whether the conditions for receipt of JA are or were fulfilled, or whether a decision should be revised, payment of JA may be suspended in whole or in part until the question has been decided. This question could arise, for instance, pending investigation of a refusal by a person of an offer of suitable employment.
A credit is awarded for every 6 days of declared unemployment in a contribution year, whether these days are consecutive or not. However, days of unemployment in a contribution week in which a PRSI contribution is paid cannot be used for this purpose.
Persons who work week on/week off may receive a credit for each week of proved unemployment regardless of the contribution week. Where a person was on week on/week off during the GCY, the DO should ensure that the correct number of credits have been awarded.
(See also separate guideline on Credits Award.)
Not everyone who is entitled to JA will qualify for credits. Each case is examined by a Deciding Officer to determine whether the contribution conditions are fulfilled.
Please consult the RSU Forms section on the Regional Support Unit site for current JA forms used in Intreo Centres and Branch Offices. Only the current versions listed are to be used, all other versions are obsolete and therefore should not be used.