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Operational Guidelines: Jobseeker’s Transitional Payment
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Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Jobseeker's Transitional Payment is a means-tested payment which is made to men or women who are caring for a child or children without the support of a partner.
Jobseeker’s Transitional Payment (JST) is a provision under the Jobseeker's Allowance scheme that is available to lone parents (both former One-Parent Family Payment (OFP) recipients and new lone parents), who are not cohabiting and have a youngest child aged 7 to 13 years (inclusive).
JST recipients are exempt from the Jobseeker’s Allowance conditions that require them to be available for full-time work and genuinely seeking work.
They are also exempt from having to be unemployed for 4 days within a consecutive 7-day period and can work any work pattern and still receive a payment, subject to a means test.
Waiting days do not apply to JST and all claims are regarded as long-term from the date of claim.
A person who satisfies the conditions for Jobseeker’s Transitional Payment does not have the choice to claim Jobseeker’s Allowance instead.
The main provisions relating to Jobseeker’s Transitional Payment are contained in:
The scheme is administered by the Intreo Centres or Social Welfare Branch Offices throughout the country. All new claims should be sent to the nearest Intreo Centre/Social Welfare Branch Office.
All guidelines for staff on the operation of the JST scheme are issued by the National Processing Team: Schemes Policy Unit, Gandon House, Amiens Street, Dublin 1.
The person must be either
and
The person must also:
To qualify for Jobseeker’s Transitional Payment, the person must be a ‘qualified parent’. This means that the person is the parent, step parent, adoptive parent or legal guardian of at least one relevant child who normally resides with them. ‘Relevant child’ means a person who:
and
It is not a qualifying condition for Guardian's Payment , that a person must be the legal guardian of the child.
However, it is a qualifying condition for Jobseeker’s Transitional Payment (as above) that, if a person is not the parent, step-parent or adoptive parent of at least one relevant child, they must be the legal guardian of that child. Simply being in receipt of Guardian’s Payment for a relevant child, does not necessarily mean that they are the legal guardian of that child.
Where a person has been married or registered in a civil partnership more than once, the condition of being widowed/a surviving civil partner relates only to the last spouse/civil partner of the person. However, a person who is divorced from their spouse or their civil partnership has been dissolved prior to death of spouse/civil partner, being a divorce or dissolution that is recognised as valid in the State, and had not remarried or entered into another civil partnership, will qualify as a widow/widower/surviving civil partner provided all other qualifying conditions are satisfied.
For a person to qualify as a separated or divorced person or a person whose civil partnership has been dissolved, they must:
To qualify as a prisoner's spouse/civil partner, the other spouse/civil partner must:
or
A person must have the main care and charge of a child(ren). Generally speaking, this means that a person must show that the child spends the greater amount of time (weekly) in their care. This aspect may have to be verified by a Social Welfare Inspector of the department. Under current legislation, Jobseeker’s Transitional Payment is not payable where a couple have joint equal custody of a child/ren.
Jobseeker’s Transitional Payment is not payable to a person who is in a relationship and living with another person of the opposite or same sex.
See Cohabitation guidelines for more general information.
If a person in receipt of Jobseeker’s Transitional Payment marries/is in a civil partnership or remarries/is in a new civil partnership, entitlement to payment ceases from the date of marriage/civil partnership or remarriage/new civil partnership.
A person is considered to be capable of work if there is no evidence to the contrary e.g. unless they state otherwise. They may work part-time or full-time.
To qualify for JST, a person must satisfy the means assessment. The person's weekly means must be below the amount of JST which would otherwise be payable to the person. JST is not payable where the weekly means are equal to or exceed this amount.
For Jobseeker’s Transitional Payment purposes, means (e.g. income from savings, investments, property etc.) are calculated in accordance with Part 5 of Schedule 3 of the Social Welfare (Consolidation) Act 2005, as amended.
Earnings are assessed in accordance with Part 5 of Schedule 3, of the Social Welfare (Consolidation) Act 2005, as amended.
The first €165 per week of gross earnings (including wages and profit from any form of self-employment), is disregarded in the means assessment for Jobseeker’s Transitional Payment customers and half the balance is assessed as means.
"Gross" means all income in the form of wages including bonuses, shift allowances, overtime etc., but excluding travel and subsistence allowances that are a reimbursement of expenses incurred.
See Means Assessment guidelines for more general information.
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.
Any maintenance received for a child will be excluded from the assessment of means for Jobseeker’s Transitional Payment. However, all other maintenance, including spousal maintenance, will continue to be assessed in the normal manner.
Vouched housing costs of up to €95.23 per week (rent or mortgage) may be offset against spousal maintenance payments, with half the balance of spousal maintenance being assessed as means in establishing the rate of Jobseeker’s Transitional Payment due.
Where the other parent continues to pay towards mortgage or rent, this should be considered for the benefit of a child/children and therefore should not be assessed as maintenance received.
Where there are housing costs, any maintenance paid in respect of the spouse only continues to be assessed in the normal manner.
All forms of declaration, whether formal or informal arrangements made between the parties, will be accepted.
See Means Assessment guidelines for more general information and details on the assessment of spousal maintenance as means.
A person must be habitually resident in the State. Please see Habitual Residence Condition guidelines.
Cut-off point of youngest child that applies to Jobseeker’s Transitional Payment claims
To qualify for Jobseeker’s Transitional Payment, the youngest child must be aged 7 to 13 years (inclusive). When the youngest child reaches 14 years of age, Jobseeker’s Transitional Payment is no longer payable.
If a person qualifies for JST based on the age of the youngest child in the family, payment for the other qualified child(ren) will continue, until they reach 18 years or 22 years if they are in full-time education.
How rate of payment is calculated:
Jobseeker’s Transitional Payment is made up of a personal rate and Child Support Payment for each qualified child. The rate of payment depends on a person's means/income i.e. rate of payment reduces as means/income increases. See current rates of payment for social welfare payments (SW19) for current rates of payment.
See also Part 3 re duration of payment.
Jobseeker’s Transitional Payment is not payable while a person is in a relationship and cohabiting with someone of the opposite or same sex.
See Cohabitation guidelines for more general information.
Jobseeker’s Transitional Payment is not payable to anyone residing outside the State. A person may, however, have an absence of up to a maximum of 3 weeks outside the State for the purposes of for example holidays or attending a funeral and receive payment. The department must be notified in advance of the intention to leave the State and of the reason for the absence.
See Part 3 below and Payment-related issues guidelines regarding payment arrangements while absent from the State.
A person is disqualified from receiving Jobseeker’s Transitional Payment for any period during which they are undergoing penal servitude, imprisonment or detention in legal custody. Payment for a relevant child and other qualified children, may be made to another person in exceptional circumstances.
See also part 3 below and Payment-related issues guidelines for more details on payment arrangements while imprisoned.
If a person fails to make a claim within the prescribed time (see section - Time Limits on making of a claim), they will be disqualified from receiving payment in respect of any period prior to the date of claim. This also applies to making a claim for any increase in payment or allowances e.g. claim for increase in payment in respect of an additional child.
However, where a person can prove to the satisfaction of a Deciding or Appeals Officer that entitlement existed and that there was good cause for the delay in making a claim for Jobseeker’s Transitional Payment, payment may be made for a period of up to 6 months before the date of claim.
Also, where a claim for payment or an increase in payment is made outside the prescribed time, the period for which payment is made can be extended where the delay in making the claim is due to:
or
or
See Claims and Late Claims guidelines for more information.
See also Child Support Payment guidelines for more details on increases for a relevant child.
Back to Work Enterprise Allowance is available to persons in receipt of Jobseeker’s Transitional Payment who become self-employed. This allowance, which is paid instead of Jobseeker’s Transitional Payment is subject to certain conditions, including that they have been in receipt of Jobseeker’s Transitional Payment for 9 months.
The allowance is payable on a reducing scale over a two-year period i.e. 100% of a person's social welfare payment in year one and 75% in year two. Applicants must be setting up a self-employment business that has been approved in writing, in advance, by a Local Integrated Development Company or an Employment Personal Advisor (EPA) from this department.
A person in receipt of Back to Work Enterprise Allowance may retain secondary benefits e.g. Fuel Allowance, while in receipt of Jobseeker’s Transitional Payment. Other payments a person may qualify for are: Rent Allowance, Back to School Clothing and Footwear Allowance and a Medical Card.
See Back to Work Enterprise Allowance guidelines for more details.
Community Employment Programme is a training/employment scheme administered by this department.
A person should contact their local Intreo Centre or Social Welfare Branch Office if they wish to participate on a CE scheme.
Jobseeker’s Transitional Payment is not payable when a person goes on a Community Employment Scheme.
Persons receiving Jobseeker’s Transitional Payment are eligible, subject to certain conditions, to participate in the Back to Education Allowance Scheme. The Back to Education Allowance Scheme is an educational opportunities scheme for persons in receipt of certain social welfare payments who wish to pursue an approved full-time second or third level course of education in an approved college, leading to a recognised qualification. Participants will continue on their current rate of payment and will receive the annual Cost of Education Allowance for attending their full-time day course of study. Participants may also continue to receive any secondary benefits to which they otherwise have an entitlement.
A person must be over the age of 21 and in receipt of Jobseeker’s Transitional Payment for at least 3 months (in the case of approved second level courses), or at least 9 months (in the case of approved third level courses). They should contact their local Intreo Centre or Social Welfare Branch Office to discuss their options. They may apply for Back to Education Allowance (BTEA) or SUSI grant.
However, if a person applies for SUSI grant and does not complete their course before their youngest child is 14 years, at which point Jobseeker’s Transitional Payment stops, they will not qualify for Jobseeker’s Allowance. As the available for full-time work condition cannot be satisfied, Jobseeker’s Allowance is not payable.
The BTEA application (form BTE1) should be completed as soon as a place has been secured on an approved second or third level course. The rate payable on BTEA is the same as is payable on JST (means apply).
Persons on Back to Education Allowance will no longer be eligible to receive the maintenance portion of the student grant.
See Back to Education Allowance guidelines for further detail.
This scheme is administered by the Department of Education and is operated through the ETBs. To participate, a person must be in receipt of Jobseeker’s Transitional Payment for at least 6 months and be 21 years of age or over. Application should be made to the local ETB for a place on a scheme.
Payment of Jobseeker’s Transitional Payment will be made in the normal way while attending a VTOS course. Secondary benefits may also be retained.
See VTOS guidelines for further details.
Fuel Allowance is payable for a 26-week period from October to April if a person is living alone or with dependent children or other categories of exempted persons. Only one Fuel Allowance per household is payable. A person must apply for the allowance.
See Fuel Allowance Scheme guidelines for more general information.
A Widowed or Surviving Civil Partner Grant is a once-off payment designed to assist with income support needs of a widow/widower or surviving civil partner immediately following the death of their spouse or civil partner.
To qualify, a widow/widower/surviving civil partner must be getting Child Support Payment for a qualified child. For the purposes of the Widowed or Surviving Civil Partner Grant, a qualified child is:
or
On the death of a qualified child, payment continues for six weeks at the rate in payment at the date of death. Notification of the date of death should be given to the department as soon as possible.
(See Payment-related issues guidelines for more details)
A person may also qualify for:
A Medical Card is available from the Health Service Executive to persons who satisfy the means test.
See relevant Supplementary Welfare Allowance Scheme guidelines for further details.
Child Support Payment is only payable once in respect of a child and is not payable to a person's spouse/civil partner on another social welfare payment. There is no half-rate child support payment on Jobseeker’s Transitional Payment.
Child Support Payment 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, Child Support Payment may be payable in respect of that child(ren) so long as the conditions are satisfied.
See Child Support Payment guidelines for further details.
The onus is on a person, under social welfare legislation, to apply for Jobseeker’s Transitional Payment if they believe that they have an entitlement.
The Jobseeker’s Transitional Payment claim form JST1 should be completed with all relevant questions answered. The form should be signed by the claimant in all cases. Where the claimant is unable to sign the claim form, their mark instead of signature must be witnessed.
The person should state their Personal Public Service (PPS) Number. However, if they have no PPS number, a PPS number will be allocated by the department.
The person should provide the relevant documentation, as indicated below, with the signed application form. However, the documentation may be submitted to the department after the initial claim is made, if not immediately available. This may cause a delay in processing the claim as a Deciding Officer may not be able to decide on the entitlement until all relevant documentation has been received in the department.
Depending on their financial circumstances, a person may claim Supplementary Welfare Allowance while awaiting a decision on their entitlement to Jobseeker’s Transitional Payment.
A person is required, under social welfare legislation, to provide any documents necessary to support their claim.
A claim for Jobseeker’s Transitional Payment should be made within three months of the date of entitlement as follows:
| Widowed/Surviving Civil Partner | within 3 months of spouse/civil partner/cohabitant’s death |
| Unmarried | within 3 months of the birth of the child |
| Separated | a person must be separated for 3 months before applying for JST. If application is received within 6 months of date of separation claim may be awarded from first day of entitlement (i.e. 3 months after separation). |
| Prisoner's spouse/civil partner for 6 months | date when spouse/civil partner has been detained in legal custody for 6 months without being sentenced or date when prison sentence of at least 6 months duration starts |
Claims decided by a Deciding Officer without referral to a Social Welfare Inspector for review should subsequently be sent for review by a Social Welfare Inspector at an early date.
Some claims may be referred to a Social Welfare Inspector prior to decision by a Deciding Officer, to establish if the conditions of entitlement to Jobseeker’s Transitional Payment are fulfilled. Depending on the circumstances, a Social Welfare Inspector's report should address issues such as means/income, divorce, dissolution of civil partnership, separation, child dependency, spousal maintenance arrangements, housing costs, household composition, possible cohabitation and, where appropriate, inspection of relevant certificates.
The spouse/civil partner of the parent of the child/ren, or other parent of the child/ren, may also be visited by a Social Welfare Inspector to review child dependency and spousal maintenance arrangements.
When all the relevant information is available, the claim is referred to a Deciding Officer for decision.
Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act 2005, as amended. Deciding Officers are independent in the exercise of their function in deciding on entitlement to Jobseeker’s Transitional Payment. See Decision Making and Natural Justice guidelines for more general information.
A notification of the decision of the Deciding Officer is issued to the claimant person. When a claim is awarded at a rate other than the maximum rate of payment, the person is given an explanation of the reason for the reduced rate of payment. Details of how means/earnings are assessed are issued to the person. If the claim is disallowed, the person is advised of the reason(s) for the disallowance.
Any person who is dissatisfied with a decision may request that the claim is reviewed by a Senior Deciding Officer in the relevant Intreo Centre, or they may appeal directly to the independent Social Welfare Appeals Office.
A person is advised of their right of appeal against a Deciding Officer's decision if they are unhappy with it. They should appeal within 21 days of the decision and they can ask for an oral hearing.
The easiest and quickest way to make an appeal is online on MyWelfare.ie . All they need is a verified MyGovID account. They can get a verified MyGovID account if they have a Public Services Card, a verified mobile phone number and an email address.
An appeals officer, whose decision is final, will then decide their case. Some cases can be decided without an oral hearing. If new information comes to light or their circumstances change, they can apply for Jobseeker's Allowance again.
Where new information is made available as part of an appeal by the person, a Deciding Officer may revise a decision on entitlement if it is to the advantage of the person. There is also a right of appeal against a revised decision. See Item was unpublished or removed
All award notifications advise the person of circumstances which could affect continued entitlement to the payment and request the person to advise the department of any such changes in circumstances.
If a person fails to furnish all documentation necessary to make a decision on their Jobseeker’s Transitional Payment application or fails to attend for interview with a Social Welfare Inspector, a decision cannot be made on the claim in the absence of the information/documentation outstanding. A letter is issued to the person requesting the outstanding documentation. If the documentation is not provided after a certain amount of time, the claim is closed. Any future claim will only be considered from the date of re-application.
The closure of a claim in these circumstances may not be appealed to the Social Welfare Appeals Office as no decision has been made.
If a person is not satisfied with the decision of a Deciding Officer, they may appeal directly to the independent Social Welfare Appeals Office. An Appeals Officer may decide the matter summarily or may deal with the case by way of an oral hearing.
A statement is prepared on the facts relied on by the Deciding Officer in the making of a decision on entitlement to payment, and on the extent to which the facts and contentions advanced by the appellant are admitted or disputed. This statement is put before the Chief Appeals Officer.
A person may be interviewed by a Social Welfare Inspector regarding any facts or evidence put forward in support of an appeal, where the facts/evidence conflict with previous statements made by the claimant.
Jobseeker’s Transitional Payment is payable weekly in advance on a Thursday (or Friday in the case of widows/widowers/surviving civil partners). Where the day from which payment takes effect is a day in the week other than Thursday/Friday, the payment takes effect from the following Thursday/Friday. The same procedure applies where there is a change in the rate of payment.
Payment is made by Electronic Information Transfer (EIT) at the Post Office, except for the normal exclusions e.g. part-time or casual workers, internships etc.
Payment is made by way of a Public Services Card (swipe card) which can be used at a Post Office nominated by the claimant.
For part-time workers or a person doing an internship, payment can be made by Electronic Fund Transfer (EFT), paid weekly directly into a chosen Bank or Building Society Savings Account.
Any arrears of payment due may be included in the normal method of payment, or paid by cheque.
See Payment-related issues guidelines for more general information.
Jobseeker’s Transitional Payment is payable for as long as a person continues to satisfy the qualifying conditions and is not disqualified for any reason. Once the youngest relevant child reaches the age of 14 years, Jobseeker’s Transitional Payment stops. The person is advised in advance that the payment will cease and advised of other payments for which they may qualify.
In the case of prisoner's spouse/civil partner, payment continues for 4 weeks following release of prisoner from imprisonment.
Where a relevant child dies, payment continues for six weeks at the rate of payment at the date of death. See Payment-related issues guidelines for more details on after death payments.
Stop dates are inserted on the department's computer system as appropriate e.g. where there is a younger child in a family who satisfies the age requirements of the scheme, a stop is applied to the payment for an older child who reaches 18 years and the case is reviewed to establish if they are continuing in full-time education.
When a Social Welfare Services Card from the department is lost or stolen, it should be reported to the department immediately. The Gardaí and the Post Office of payment should also be notified immediately of any such loss or theft.
See Payment-related issues guidelines for more details.
A person should notify the department if leaving the State and payment will be suspended for the period of the absence abroad. Payment may be made in certain circumstances for a short period (up to 3 weeks) during which a person is temporarily outside the State e.g. on holidays, attending a funeral etc. See Payment-related issues guidelines for more details.
A person should notify the department if leaving the State and payment will be suspended for the period of the absence abroad. Payment may be made in certain circumstances for a short period (up to 3 weeks) during which a person is temporarily outside the State e.g. on holidays, attending a funeral etc. See Payment-related issues guidelines for more details.
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 & 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 1st 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 assessable from 1st October 2020. See Habitual Residence Condition (HRC) guidelines and Direct Provision - Social Welfare Entitlements of People in Direct Provision Centres (or similar centres) guidelines.
A person is disqualified from receiving Jobseeker’s Transitional Payment including any increases, for any period of penal servitude, imprisonment, or detention in legal custody.
The onus is on the person to notify the department of any changes in circumstances which may affect their entitlement to Jobseeker’s Transitional Payment. Any increase in means/income must be notified to the department immediately.
When a claim is awarded, the person is advised that they must inform the department of any changes that may affect their payment.
The JST 03 Review Form issues every quarter requesting the person to fill in a questionnaire, provide documentary evidence in certain circumstances and make a declaration that the information they are providing is factual and complete.
The following are some circumstances and events which may affect a person's entitlement to payment:
Failure to notify the department of any of the above events may result in an overpayment of Jobseeker’s Transitional Payment, which may be recoverable from the person by way of a lump sum repayment or deductions from their weekly payment. It may equally result in an underpayment of Jobseeker’s Transitional Payment and arrears due to the person e.g. where means have reduced.
See Overpayment Recovery guidelines and Claims and Late Claims guidelines for more details.
A review is initiated when the department is notified of any change in circumstances that may affect entitlement. This review may be carried out by way of a visit from a Social Welfare Inspector, or by direct correspondence or phone contact.
Periodic reviews are also initiated by the department to confirm that the correct payment is being made to the appropriate person and that the qualifying conditions for receipt of Jobseeker’s Transitional Payment continue to be fulfilled.
Where initial enquiries with a person, including written communication, fail to establish the facts as required e.g. current or past means, current address etc., payment of Jobseeker’s Transitional Payment may be suspended until the relevant information has been provided by the person.
Where a claim is reviewed and the conditions for payment are not satisfied, the claim is disallowed. The person is informed of this decision and if they are not satisfied, they are advised that they can appeal this decision.
See also Decision Making and Natural Justice guidelines for further information regarding revised decisions.
If an overpayment of Jobseeker’s Transitional Payment has occurred, it may be recoverable by the department. See Overpayment Recovery guidelines for more detail.
Credited contributions are awarded to a person who, immediately prior to qualifying for Jobseeker’s Transitional Payment, was in receipt of another social welfare payment for which credits were awarded for example Jobseeker's Benefit/Allowance, Maternity Benefit, Illness Benefit, Health and Safety Benefit, Adoptive Benefit, Invalidity Benefit or Pre-Retirement Allowance.
If a person was in employment before making their claim, a credit is awarded for every 6 days in a contribution year according to the class of the last insurance contribution that was paid.
If a person is in employment while claiming Jobseeker’s Transitional Payment, a credit is not awarded for days in a contribution week in which a PRSI contribution is paid.
If a person is in employment while claiming Jobseeker’s Transitional Payment, a credit is not awarded for days in a contribution week in which a PRSI contribution is paid.
See Credits Award guidelines for more general information.