Foilsiú
Operational Guidelines: Jobseeker's Benefit
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Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ireland / United Kingdom Social Security arrangements from 1st January 2021
The European Union and the United Kingdom agreed a Trade & Cooperation Agreement which contains a Protocol on Social Security to take effect from 1st January 2021. The Protocol provides for a wide range of social security issues into the future. On the 31st December 2020, the Convention on Social Security agreed between Ireland and the United Kingdom was commenced. Together these Agreements ensure, that all existing social security arrangements for Irish & UK citizens are maintained into the future. Ireland as an EU Member State, will extend on a unilateral basis the advantages of the Convention to Union citizens, as required.
For Brexit-related information see:
For information on social welfare entitlements see:
Description of Scheme
Jobseeker's Benefit (JB) is a social insurance scheme. It is paid weekly to insured persons who are out of work.
Legislation
The main provisions relating to Jobseeker's Benefit are contained in Chapter 12 of Part II of the Social Welfare (Consolidation) Act, 2005, and Chapter 5 of Part 2 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (S.I. No. 142 of 2007) as amended.
The Social Welfare Consolidation Act 2005 is amended to provide for entitlement for certain people between 66 and 70 years from January 2024. The legislation as set out in section 62(1) for Jobseeker’s Benefit, provides that a person born on or after 1 January 1958, who is aged between 66 and 70 years and has not been awarded State Pension (Contributory) , may be eligible for this benefit.
Administration
Jobseeker's Benefit is administered through the department's network of Intreo Centres and Social Welfare Branch Offices throughout the country.
All guidelines for staff on the operation of the Jobseeker’s Benefit are issued by the National Processing Team: Schemes Policy Unit, Gandon House, Amiens Street, Dublin 1.
A person makes a claim for JB by completing the claim form UP1 at the relevant Intreo Centre or Social Welfare Branch Office . The form must be signed by the person in verification of the contents or, if unable to sign, his or her mark must be made and witnessed.
A person must provide the following information when completing the UP 1 form:
Repeat Claims
A person who is employed for 4 or more consecutive days and becomes unemployed may make a repeat claim for JB when that employment ends. Where a person re-applies for JB within 26 weeks of a previous JB claim, he or she is entitled to receive the same rate of JB that was previously in payment subject to satisfying the conditions for receipt of the payment and subject to any change of circumstances and budgetary increases.
Late Claims
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 he or she 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.
Documentation required when making a claim
Proof of Identity
The issuing of PSC is being rolled out nationally
OR
OR
The following items are not accepted as proof of identity:
Persons are advised that no claim can be decided until identity has been proven.
Public Services Card (PSC) Legislative Requirements for identity authentication
A claimant who fails or refuses to engage with the authentication of his or her identity e.g attend appointments, supply the relevant documents etc. 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)
Proof of address
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, etc.
In any case where it is necessary to seek evidence of a customer'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 customer cannot supply any of the above documents, it will be sufficient for them to provide utility bills in the name of the parent, or spouse/civil partner/cohabitant.
If necessary, a 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 JB and to produce any evidence reasonably required. Where JB is already in payment, the person is obliged to produce any supplementary information required (e.g. to prove continuing entitlement) and to notify any change of circumstances (e.g. spouse/civil partner/cohabitant becoming employed).
Investigation of Claims
For all new claims, where the customer has confirmed that the employment ceased on or after 1st January 2019, a P45 will no longer be required by the department to confirm the date of cessation of employment and no confirmation from the employer should be requested.
Customers should only be asked to contact their employer in the limited circumstance where data required for a claim has not been updated by the employer. Form UP 20 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 e.g. contacting an employer who has not completed the form UP 20, or querying the information furnished.
The person's PRSI record is obtained from the Central Records Section of the Department. If there is reason to believe that the employer has failed to pay contributions or has paid the incorrect amount of PRSI, the case is referred to a Social Welfare Inspector for investigation.
Rates structure
Under 65 Years of Age and between 66 and 70 years of age
Jobseeker's Benefit rates are made up of a personal rate and increases for a Qualified Adult, and Qualified Child(ren).
Personal Rate: The rate payable depends on the claimant's average earnings in the governing contribution year. From the 1st January 2009 where the average weekly earnings in that year are €300.00 (previously €150.00), per week or more, the full personal rate of JB is payable. Where the average weekly earnings were less than €300.00 (previously €150.00), the rate of JB payable is determined by reference to the appropriate earnings band.
Between 65 and 66 Years of Age
The maximum rate of payment of JB is payable to all customers aged between 65 and 66 years. Graduated rates do not apply. Similarly, if they are entitled to an increase for a qualified adult, the maximum Increase for a Qualified Adult is payable. Tapered IQA rates continue to apply where the qualified adult has income from employment, self-employment, capital, investments, etc. However, if a person does take up some part-time employment between 65 and 66 years of age, they are paid for the days of unemployment using the maximum rate of Jobseeker’s Benefit (Self-Employed).
Rates of payment are set out in the information booklet Current rates of social welfare payments (SW19)
In relation to the Jobseeker’s Benefit payment week please refer to the next three paragraphs.
From 21st February 2013
The Jobseeker’s Benefit week is based on a 7 day week. Sunday is treated as any other day in the week, as a day of employment or unemployment as appropriate.
From 26th July 2012 to 20th February 2013
The Jobseeker’s Benefit payment week runs from Thursday to Wednesday, and excludes Sunday, as Sunday employment is not taken into account.
In any single Jobseeker Benefit payment week, the number of the days for which benefit was paid plus the number of days worked (and including days for which the person has not signed for any other reason) could not exceed five. The net effect of this is that, where payment was due for less than a full week, Jobseeker’s Benefit was paid for each day at the equivalent of one fifth of the weekly rate.
In addition, where a person was employed for 4 or more days in the payment week from Thursday to the following Wednesday (ignoring Sunday), no benefit was payable.
Where one day of Jobseeker’s Benefit was due in any benefit week, i.e. where the person was working for the rest of the week or where he or she was not signing on for the rest of the week for any reason, no payment was due.
There was no change to the short time category which has always been based on a 5 day working week.
Prior to 26th July 2012
The amount payable for any day of unemployment (Monday to Saturday) was one-sixth of the weekly rate, except for short-time workers, when it was one-fifth. In short-time cases the number of days worked and the number of days paid unemployment cannot exceed 5 in any working week.
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 (10c).
Cumulative Total and Duration of Payment
Cumulative total
The record of the number of days used in a Jobseeker’s Benefit claim is called the cumulative total (CT). Each day of unemployment is counted in the CT excluding Sunday.
For fully unemployed claimants the cumulative total of days increases by 6 in respect of each week of unemployment. For claimants working in part-time or casual employment, the CT increases by the number of effective days of unemployment in each week.
Duration
From 3rd April 2013 the duration of Jobseeker’s Benefit was reduced from 1 year (312 days) to 9 months (234 days) and from 9 months (234 days) to 6 months (156 days). This change only affected new claims made on and from 04th April 2013 and claimants who were in receipt of JB for less than 156 days (6 months) on 3rd April 2013.
Where a claimant had already received 6 months (156 days) or more Jobseeker’s Benefit prior to 4th April 2013, the duration was unaffected and payment continued to the maximum period of 1 year (312 days).
Jobseeker’s Benefit (JB) may last for up to 234 days or 156 days of unemployment, depending on the class of qualifying contribution and the number of total contributions paid since the claimant first started working.
If a claimant has 260 PRSI contributions paid, the claim lasts for a total of 234 days of unemployment.
If a claimant has less than 260 contributions paid the claim lasts for a total of 156 days of unemployment.
When the maximum number of days has been reached, (commonly called ‘Benefit Exhausted/Ben-Ex’) the person must re-qualify - see below - before JB can again be paid.
Over 18 and under 65 and between 66 and 70 years of age
From January 2024, the below applies to those between 66 and 70 years of age.
Persons aged between 18 and 65 years, qualify for a maximum of 234 days (previously 312) where 260 contributions are paid, or 156 days (was 234) where less than 260 contributions are paid since entry into insurance after which the person's entitlement expires.
Between 65 and 66 Years of Age
Claimants aged between 65 and 66 years of age where their entitlement to benefit has exhausted may receive JB payment beyond 234 days (9 months) or 156 days (6 months) whichever is applicable up to the date on which they reach pensionable age (66 years) provided they have not less than 156 paid contributions since entering employment and they satisfy the second contribution condition. Where the period of unemployment is continuous and is within 2 years of the previous JB claim (Section 62 (6) of SW Consolidation Act 2005 as amended) the same GCY applies Section 64(4) . If the period of unemployment is broken then a new GCY applies.
Note: Where a person is entitled to claim JB but decides not to in order to avoid the "Ben-Ex" rules, that person may be treated for CT purposes as if he/she had been paid.
The onus is on the person in such a situation to show that the failure to claim was for reasons other than to avoid the re-qualifying conditions.
Share Fishermen
Class A contributions
Share-fishermen who have been employed under a contract of service and have been paying PRSI contributions at the full rate (Class A) are entitled to the normal duration of JB i.e. 234 days (previously 312 days) or 156 days (previously 234 days) if less than 260 cons have been paid since entry into insurance.
Class P contributions
Share-fishermen who have been self-employed and who opt to pay PRSI contributions at the Class P rate are only entitled to a maximum of 78 days JB CT in any calendar year.
If Share-fishermen continue to pay class P contributions, they may qualify for JB the following year.
Re-qualification for JB
A person may requalify for JB if:
AND
AND
As a new Period of Interruption of Employment (PIE) has commenced, waiting days apply. However, if the person has claimed Jobseeker’s Allowance (JA) in the previous 52 weeks, he or she may be paid JA for the 3 waiting days.
Increase for Qualified Adult (IQA)
Definition of Spouse/Civil Partner/Cohabitant
Payment of IQA in respect of spouse/civil partner/cohabitant resident in another EU State
JB claimant may qualify for an increase for a Qualified Adult where the qualified adult is resident in another EU member State. The IQA is determined in the same way as if resident in this State. EU form U005 should issue to the relevant State to request information in respect of the spouse/civil partner/cohabitant.
Payment of IQA in respect of a spouse/civil partner who is Non-EEA National
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.
Payment of IQA in respect of a cohabitant who is a Non-EEA national (Cohabitation Case)
Where the cohabitant 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.
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.
Where a cohabitant has a restricted Visa:
Where a Non-EEA national enters the country for a specific period of time and for specific purposes, e.g. on a student visa, he or she is obliged to show, before he or she is allowed to enter the State, that he or she has sufficient funds to support him or herself 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 and Equality should be notified of the award of an IQA in this type of case. In addition, the IQA entitlement should be kept under review. See separate Guidelines on increases.
Rental Disregard for IQAs
A new statutory rental disregard of up to €269.23 per week (€14,000 per year) has been introduced and applies from the 12th July 2022 where an increase for a qualified adult is paid, 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 Increase for a Qualified Adult Guidelines for more details.
Payment of SWA pending determination of entitlement
A person whose means are insufficient to meet his or her needs, or the needs of dependants, may to apply for 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 a decision on an application for a JB payment. Any interim payment, which is awarded pending a decision on an application for JB is fully recoverable from the arrears of JB where the JB is awarded.
From January 2024, the qualifying conditions for Jobseeker’s Benefit apply to those between 66 and 70 years of age where they choose to defer drawing down their State Pension (Contributory) to remain in employment.
Qualifying Conditions In Summary
To qualify for Jobseeker's Benefit a person must:
Qualifying Conditions in Detail
Unemployed
Jobseeker’s Benefit may be paid in respect of any day of unemployment which forms part of a period of interruption of employment (PIE) if all the conditions are satisfied.
A day of interruption of employment means a day of unemployment or of incapacity for work.
From 21st February 2013
Any 4 days of interruption of employment, whether consecutive or not, within a period of 7 consecutive days, including Sunday is treated as a `period of interruption of employment' (PIE) and any 2 PIEs not separated by more than 26 weeks are treated as one PIE.
This means that a person must be fully unemployed for at least 4 days in any period of 7 consecutive days.
Prior to 21st February 2013
Any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days was treated as a 'period of interruption of employment' (PIE) and any 2 PIEs not separated by more than 26 weeks was treated as one PIE.
This means that a person must have been fully unemployed for at least 3 days in any period of 6 consecutive days.
Explained further in section Claim Linking and Waiting days
Day of Unemployment
A day is not treated as a day of unemployment unless on that day he or she is capable, available for full-time work and genuinely seeking work. (See below).
A person is not regarded as unemployed for any day in which he or she is engaged in self-employment, is working under a contract of employment (written or otherwise) or is in receipt of wages. For example, the following classes of persons would not be considered 'unemployed':
Persons who work for one hour a day
Jobseeker's Benefit (JB) is paid in respect of days of unemployment. It follows that JB is not payable in respect of any day during which the person is engaged in insurable employment or self-employment - irrespective of the extent of the employment (number of hours worked) or the remuneration or profit. (See exception in respect of subsidiary employment below).
Person on Career Break
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 Benefit 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.
Person on Garden Leave
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.
Suspension from Employment with Pay
A person who is suspended from employment with pay is considered to be "not unemployed" within the meaning of the Social Welfare legislation, in that he or she is suspended from employment for a definite period and may be deemed to be under a contract of employment for the duration of the suspension. Claims for Jobseeker's Benefit during this period of suspension should, therefore, be disallowed from receiving payment on the grounds of being "not unemployed" under Section 62(5)(a) of the Social Welfare (Consolidation) Act 2005.
Suspension from employment Without Pay
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 he or she was suspended. It is important to note that the reasons for the suspension from employment should be checked with the employer before a disqualification or a disallowance is imposed.
Disqualifications and Disallowances
Section 68(6)(a) of the Social Welfare (Consolidation) Act, 2005 provides that a person may be disqualified from receipt of JB for up to 9 weeks where he or she has lost his or her employment through his or her own misconduct. The duration of the disqualification is discretionary, although it cannot exceed 9 weeks.
In addition, where a disqualification is being considered, all the other conditions which apply to the receipt of JB should be examined, for example availability and genuinely seeking work (GSW).
Payment may be allowed where all relevant statutory conditions are satisfied
Persons who have been suspended from employment and who do not qualify for JB and find themselves in financial difficulty may apply for assistance under the Supplementary Welfare Allowance scheme.
Public Holidays/JB
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.
Pay For Public Holidays for Employees
Full-Time Employees
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 he or she has worked during the 4 weeks preceding that week.
Part-Time/Casual Employees
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.
Public Holidays
There are ten public holidays:
From 2023 onwards: first Monday in February, unless 1st February falls on a Friday, in which case Friday 1st February will be the public holiday
Note: in 2022, an additional once-off public holiday took place on 18th March
Holiday Pay/Accrued Holiday Pay
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. JB 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 his or her employer not to receive accrued holiday pay at the time of a temporary lay-off where he or she wishes 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 JB payment until the paid leave is taken.
Examples:
Holiday Pay Received on Return to Work
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 he or she is paid his or her accrued holiday pay entitlement at the end of the lay-off period.
If this situation occurs, the Intreo Centre or Branch Office should ensure that, before the end of this lay-off period, the number of days for which JB 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 JB and holiday pay in respect of the same period.
Temporary Lay-off
Employees who are laid off temporarily (i.e. where they expect to return to the same employment at a later date) are not entitled to JB in respect of any day for which they receive holiday pay. This applies even if there is no definite date of resumption of work.
Termination of Contract of Employment
Employees whose contract of employment has ended and have received holiday pay are entitled to JB from the first day of unemployment, provided all other conditions are satisfied.
Termination of Contract
Where the lay-off is temporary, JB should not be paid in respect of any day(s) for which holiday pay has been received.
Additional Holiday Pay Entitlements for Part-Time Workers
Part-time workers may also have an entitlement to additional holiday pay under the provisions of the Protection of Employees (Part Time Workers) Act, 2001. JB is not payable in respect of any day on which a person receives holiday pay.
Treatment of the Additional Holiday Pay Entitlement for JB Purposes
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 JB.
Calculation of Paid Holidays
Where a part-time employee is laid off and receives holiday pay from the employer, the number of days deducted from his or her JB claim should represent the number of working days which the holiday entitlement represents. Therefore the number of hours for which he or she has received holiday pay should be divided by the number of hours worked per day in order to determine the number of days for which JB is not payable.
Rounding of Days
When calculating the number of days for which holiday pay has been accrued or received, a part of a day should be rounded up to the nearest day.
Examples
A person normally works 2 hours per day, and receives 30 hours holiday pay. As this has been accrued at 2 hours per day, the number of days for which JB is withheld = 30/2 = 15 days.
A person normally works 3 hours per day, and receives 40 hours holiday pay. 40/3 = 13.3 (rounded up to 14).
Hours Varied Per Day
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.
School-Related Employees
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):
Self-employment and entitlement to Jobseeker's Benefit
A self-employed person may be entitled to JB in respect of days of unemployment, where the conditions of entitlement are satisfied.
For example, if a person is engaged under a contract for service to work (on a self-employed basis) for 3 days per week, and is unemployed for the remainder of the week, he or she may qualify for JB in respect of the days of unemployment - provided the qualifying conditions are satisfied.
Subsidiary employment: special provision
A day is not normally treated as a day of unemployment if the claimant is engaged in any occupation from which he or she derives any remuneration or profit unless the following conditions are satisfied:
and either
or
In general, it would be deemed appropriate to consider an occupation/employment as subsidiary where the above conditions are satisfied and where both employments were carried out concurrently for a period of approximately 6 months immediately prior to the date of claim. In such circumstances it is possible for a person to be engaged in insurable employment or self-employment and still satisfy the unemployment condition.
Example
A person is a factory worker (8am - 5pm) and also works at night as a barman. His employment at the factory ceases but he continues to work at night.
It is clear that the bar work is a subsidiary occupation (i.e. could be followed in addition to, and outside the normal working hours of his usual employment (factory worker)). If the condition as to remuneration (not exceeding €7,500 on an annual basis or €144 on a weekly basis) or the requirement to have at least 117 contributions paid in the relevant period is satisfied, the days on which he works as a barman may be treated as days of unemployment.
This provision relates solely to the determination of circumstances in which days may be treated as days of unemployment. The other conditions for receipt of JB must also be satisfied before payment can issue, e.g. the obligations to be available for and genuinely seeking work.
Subsequent changes or increases in the level of engagement in a subsidiary occupation may affect its status, claims should be examined where there is a change or increase in that employment.
Night-Shift Work and days of unemployment
From 21st February 2013
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 2nd day is considered the day of employment, and the 1st day as a day of unemployment.
Prior to 21st February 2013
Special rules applied to determine which day was to be treated as a day of unemployment where a person was employed to work continuously from one day into another. These rules applied to ensure that both days were not treated as days of employment or unemployment. The general principle was the day on which the shorter number of hours were worked were treated as a day of unemployment (in respect of which JB was payable) and the other day was regarded as a day of employment (in respect of which JB was not payable).
The exceptions to the rule:
The shift started on a Saturday and extended into Sunday:
Saturday was considered to be the day of employment regardless of the number of hours actually worked on the Saturday.
The shift started on a Sunday and extended into Monday:
Monday was considered to be the day of employment regardless of the number of hours actually worked on the Sunday.
Persons not fully unemployed
See Sections on:
Under 66 years of age
A person may receive JB up to the day before his or her 66th birthday. Persons approaching pension age should be advised to apply for State Pension (Contributory/Non-Contributory), 3 months in advance of the relevant age limit.
From January 2024, a person between 66 and 70 years of age may be entitled to receive Jobseeker’s Benefit where they choose to defer drawing down their State Pension (Contirbutory).
Capable of work
For a day to be regarded as a day of unemployment, the person claiming JB 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 (e.g. unless he or she states otherwise), or where, on request, he or she fails to produce a final medical certificate following a period of illness.
JB Payable Pending Illness Benefit (IB) Appeal
When a person has been disallowed IB because he or she has been found "capable of work" following an examination by the Medical Assessor, it may be accepted that he or she fulfils the condition of being capable of work - notwithstanding any statement by the person that he or she does not consider him or herself to be capable of work. This is so even if the decision of the Medical Assessor is under appeal. JB may be paid pending the result of the appeal. Questions as to whether he or she satisfies the conditions as to availability for and genuinely seeking work are deferred in the interim.
In such cases the Deciding Officer should:
The practice of paying JB while IB is under appeal is that the person has been declared to be 'not incapable' (i.e. capable of work) by another section of the department and, while appealing this decision (on grounds of being incapable of working) it would be unreasonable to expect him or her to produce evidence to the effect that he or she is actively engaging in seeking full-time work.
There is no legislative basis for the payment of JB to a claimant while their IB claim is under appeal. This is an administrative decision to facilitate the claimant appealing the decision. Implicit in this arrangement is that if the conditionality for receipt of JB is evidently not being met by the claimant for a particular reason i.e.
then as they do not fulfil the conditions for JB they are not entitled to make a claim.
JB Entitlement pending Disability Allowance (DA) Decision
Where a person applies for DA while in receipt of JB
Where a person applies for DA while in receipt of JB, the JB 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 he or she has failed to satisfy the MR/Advisor that he or she is not "..substantially restricted...".
In such cases the Deciding Officer should:
When the outcome is known, the DO should;
JB following DA Disallowance
Pregnancy
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 Benefit 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 or Branch Office for signing purposes during this period provided she informs the Intreo Centre or Branch Office of her pregnancy
A person must be available for work in order to qualify for and continue to receive Jobseeker's Benefit, i.e. be available for work in respect of each day for which he or she declares that he or she is unemployed. There must be no legal restriction on the person taking up employment (e.g. visa restrictions on taking up employment in the case of non-nationals). The onus is on the claimant to show that this condition is satisfied on an on-going basis.
A person is regarded as being available for employment if he or she is prepared to accept at once any offers of suitable full-time 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
Payment of JB (NON-EEA National)
If a Non-EEA National claims JB and is:
or
or
a work permit is no longer required. He or she should have the following stamp, issued by the Department of Justice, and Equality, on his or her 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. If a Non-EEA National works for a period of time and then loses his or her employment the Non-EEA National can claim JB, provided all other conditions for receipt of JB were satisfied. Payment of JB is not payable unless the person has permission to remain in Ireland.
Residence certificate – GNIB card to 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 up until now has been commonly known as the GNIB (Garda National Immigration Bureau) card. A new card was introduced on 11 December 2017, which is known as the Irish Residence Permit (IRP). This card will be posted to claimants.
GNIB cards will remain valid until their expiry date, and will only be replaced with an IRP card if the holder’s registration is renewed. Holders of GNIB cards do not need to change their card for an IRP card while the GNIB card is still valid.
Suitable Full-time Employment
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 him or herself 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 (e.g. within the last 3 months) would be regarded as available where he or she is seeking to become re-employed in his or her 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.
For example, a computer programmer who indicates that he or she will only work at programming, may stand in the current economic climate, a reasonable chance of securing employment despite such a restriction. However, such a restriction would not be reasonable if the person still had no employment after 3 months on the Live Register.
If a person has not found employment within his or her chosen field or industry within a reasonable period (e.g. 3 months), and the person is not broadening the range of employment sought, the onus is on the person to demonstrate that he or she still has 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 he or she 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 him or herself 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:
Unreasonable Restrictions
A person may be regarded as not being available for work if he or she imposes unreasonable restrictions on:
In any case where a Deciding Officer is of the opinion that the person has placed unreasonable restrictions, he or she should be interviewed and given the opportunity to respond. In some cases a person may demonstrate that the restrictions are not unreasonable and that he or she has 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:
he or she is looking for a particular type of work only. As previously stated, after a period of unemployment, a person must be prepared to accept any employment for which he or she is qualified.
If a person states that he or she is unwilling to take up full-time work but is looking for part-time work only, e.g., 3 days per week or morning/evening work only, this could be regarded as an unreasonable restriction on his or her availability in terms of the hours of work he or she is prepared to accept.
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 he or she continues to be available for work in respect of the remaining days of unemployment. It is expected that a person in part-time employment would continue to take steps which demonstrate that he or she is genuinely seeking full-time employment.
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 he or she is not satisfying this condition. The reasons for such refusal should be investigated.
Part-time fire fighters
Retained fire fighters 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 fire fighters 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 fire fighter 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 his or her 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 he or she is applying for and is genuinely prepared to accept full-time employment that would preclude employment as a retained fire fighter.
Jobseeker’s Benefit where a retainer payment is paid by an employer as agreed at the Workplace Relations Commission or the Labour Court
Where a person is in employment that is subject to an agreement at the Workplace Relations Commission or the Labour Court, under which the person is retained in their occupation by their employer without undertaking any gainful employment for that employer, a person may receive total remuneration not exceeding €144 per week for a period not exceeding 13 weeks, without it affecting their Jobseeker’s Benefit payment.
Where a retainer has been awarded by the WRC or the Labour Court to a person and the retainer does not exceed €144 a week, this will not be treated as being a day of employment for the purposes of Jobseeker’s Benefit. The situation will be reviewed every 13 weeks to determine if the arrangement will be continued.
In order for this to apply, the person cannot undertake any work for the employer during this period.
Where a person takes Annual Leave for a period of a Temporary Lay-off
A different approach is needed in cases where the employee is to take annual leave during the lay-off period, as annual leave days are considered days of employment. If, for example, an employee is to take two days annual leave per week for a number of weeks, then the retainer should be paid in respect of the annual leave days. This will allow the employee to claim Jobseeker’s Benefit for the remaining days of unemployment. It is important that the retainer payment is linked to one of the annual leave days rather than applying across the whole week.
If a person chooses to take annual leave while on a temporary lay-off where a retainer payment is being made, the period during which the annual leave is taken is not included in the 13 weeks provision as outlined above. The 13 weeks period only refers to those weeks where the person is not undertaking any work or is not on annual leave.
Special Provisions Regarding Availability
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.
Courses of education, training or development
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, he or she must notify the department by completing BTEA application form ( BTE1), which is available from Intreo Centres or Branch Offices and the department’s website. The completed form should be returned to the relevant Intreo Centre or 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.
Specific courses approved
The Horizon Project, which operates a Drug Rehabilitation Programme, and certain training courses for members of the travelling community.
Part-Time Education
Persons who wish to pursue part time courses must demonstrate that their participation does not restrict reasonable availability for work.
Where a JB 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 his or her employment prospects, he or she 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.
Rehabilitation training
A person will be deemed to be available for work on any day in respect of which he or she is participating in a course of rehabilitation training provided by an organisation approved by the Minister for Health for that purpose.
Drug Rehabilitation Programmes
A person participating in a recognised drug/alcohol rehabilitation programme may be deemed to be available for work.
Voluntary Work
A jobseeker who engages in voluntary work within the State may continue to be entitled to a jobseeker's 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 voluntary work in which jobseekers may engage include
The groups involved may be nationally organised groups or local voluntary or community groups.
Aims of the Voluntary Work Option
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 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 jobseeker's 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 jobseeker's 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 voluntary work is full 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:
The voluntary work would 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.
Claimant on course of education/training (part-time or full-time)
JB is not payable where a person is in receipt of an allowance in respect of a course of education, training or development (including a course run by SOLAS/ Education and Training Boards). He or she does not continue to satisfy the conditions for receipt of an unemployment payment on the grounds that he or she is not considered to be available for full-time work.
Where the claimant is not in receipt of an allowance, the claim should be examined to determine if he or she qualifies for continued payment of JA/JB under the Educational, Training and Development (E, T&D) option or the Part-Time Education Option (PTEO) - see [Back to Education Programmes folder for more details.]
Spouse/Civil Partner/Cohabitant on a SOLAS/ Education and Training Boards Course
Where the spouse/civil partner/cohabitant of a JB claimant is in receipt of an allowance in respect of a SOLAS/ Education and Training Boards course, he or she is not considered to be a qualified adult dependant. SOLAS/ Education and Training Boards are responsible for paying the spouse/civil partner/cohabitant and Child Support Payment, if applicable.
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/ Education and Training Boards, the full increase for a qualified adult (IQA) is payable where the spouse/civil partner/cohabitant’s total gross weekly income does not exceed €100.00 per week. A tapered rate is payable where the weekly earnings are between €100.00 and €310.00, no qualified adult allowance is payable if the earnings exceed €310 per week.
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 or her own right, e.g. 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, e.g. travel and meal expenses, are disregarded when calculating total gross weekly income.
Unemployment payment payable during the summer period - Reinstatement of BTEA after the summer holiday period
BTEA participants formerly in receipt of JB are not entitled to be paid BTEA during the summer months.
BTEA participants, based on the primary payment being Jobseeker's Benefit, 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 an unemployment payment for the summer period.
With effect from 28 December 2006, the half-rate Child Support Payment is not payable to JB customers where the spouse/civil partner/cohabitant has a weekly income in excess of €400.00 (previously €350.00).
The Back to Education Allowance is a non-statutory, stand-alone scheme.
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 him or her, having regard to his or her age, education, physique, location and family circumstances.
To satisfy this condition, it is necessary for the person to demonstrate that he or she has taken some positive action and is making genuine efforts to secure employment. The person must show that he or she has 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 he or she has been continuously unemployed since the date of his or her application for JB.
Steps required to prove genuinely seeking employment
The steps which a person is required to take should:
and
Steps which would indicate that a person is genuinely seeking work may include:
Regard may be had to any other steps which a person has taken - provided they offer the best chance of getting employment.
Taking one step on a single occasion in a relevant period may not be enough to satisfy this condition unless that is all that was reasonable for the person to do in that period. Each action, such as
constitutes a single step to get employment. For example, checking the WATIS machine, writing to an employer and applying for a job vacancy in the same period would be taken as 3 steps to seek employment.
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.
What can be reasonably expected of a person may change during the course of a claim. For example, a person who checks the newspaper every day for 3 weeks may be unsuccessful in getting employment. He or she may be advised that this course of action may no longer be considered a sufficient approach to take, and that it would be reasonable to expect him or her to take additional steps - such as visiting employers' premises and enquiring about job vacancies.
Some people will have good chances of getting employment and will have many steps open to him or her in getting an offer of employment. They would not be required to take all the steps open to them, only those which are reasonable and offer them the best prospects of getting such an offer. Other people may have poor prospects of getting employment and only a few steps open to them. In this case it may be reasonable for them to take all these steps. For example, a highly skilled person seeking a highly skilled job writing to a particular employer in that field may be the best step for such a person to take rather than simply checking the Situations Vacant column in the newspapers for such a job.
When deciding whether a person has made genuine efforts, i.e. taken reasonable steps, to seek employment, the Deciding Officer should consider all the circumstances of the case. Particular matters which must be taken into account are:
A person's skills, qualifications and experience may affect both the type of employment being sought and the range of steps which he or she may reasonably be expected to take to seek such employment. For example, if a person is illiterate he or she cannot reasonably be expected to write to employers or read advertisements but may take other steps such as visiting or phoning employers.
Steps taken in previous weeks may affect the current efforts which a person may be expected to make to seek work. For example, if a person has written to a number of employers and is awaiting replies, he or she cannot reasonably be expected to write to those employers again until a reasonable time has elapsed. However this would not prevent a person from taking other appropriate steps to secure employment, e.g. checking advertisements, checking the WATIS machine or approaching other employers.
A person's family circumstances must also be taken into account. For example, such persons may need to make travelling arrangements in advance to visit prospective employers in view of their family circumstances. It may be unreasonable for a person with certain family responsibilities to seek work which involves a considerable amount of travelling time to and from work.
Refusal or failure to engage with activation measures-Penalty Rates apply
Note: Activation measures are separated out into
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:
a) any scheme or programme of employment or work experience, or
b) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances
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
Substantial loss of employment
To qualify for JB, a person must sustain a substantial loss of employment. A person is regarded as having sustained a substantial loss of employment if he or she has lost at least one day of insurable employment in any period of 7 days as an officer of the Minister may determine, provided his or her reckonable earnings or reckonable income are reduced as a consequence of the loss of employment. In short, the number of days worked in any JB week (i.e. Thurs - Wed) must be less than the normal number of days worked prior to the date of claim.
A person whose employment has terminated and is now fully unemployed will obviously satisfy the substantial loss rule. However, where the person continues to work for at least one day per week, the position must be determined by reference to the circumstances of the case.
Legislation Governing the Substantial Loss Condition
Section 62(1)(d) of the Social Welfare Act 2005 provides for the exemption of all casual workers and part-time fire fighters from having to satisfy the substantial loss of employment condition in order to be entitled to JB.
Part-time Workers and Substantial Loss Condition
There are 3 categories of claimant who may qualify for JB while partially employed. They are:
From 21 February 2013 - To qualify for JB, a person must be unemployed for at least 4 days in 7 days
Prior to 21st February 2013 - To qualify for JB, a person must have been unemployed for at least 3 days in 6 (see "Period of Interruption of Employment")
and, except in the case of casual workers, must have suffered a substantial loss of employment.
Deciding Officers should approach the matter as follows:
Classification of Casual/Part Time Employees for JB purposes
There is no situation where a claimant can be automatically classified as either a casual or a part-time employee. Each case must be examined on its own merits. In determining whether a person is engaged in casual employment, Deciding Officers should have regard to the following:
Determining whether there has been a Substantial Loss
The substantial loss condition must be satisfied at the start of all new JB claims, except for "Casuals".
Deciding Officers should:
For fully unemployed persons and Part-Time/Short-Time workers the normal level of employment is calculated once at the start of each JB claim and remains for the duration of the claim. As the Substantial Loss condition does not apply to Casual workers, the normal level of employment is not calculated at the start of these JB claims.
During the course of a JB claim however, a change in circumstances may necessitate a re-classification from Casual to Part-Time. It will be necessary in these cases, to establish a normal level of employment.
(Please see paragraphs on "re-classification of Casual Workers during the lifetime of a JB claim")
Establishing Normal Level of Employment
The period over which the normal level of employment is measured is determined by reference to a representative period preceding the date of claim.
It is usual for the 13 week period immediately preceding the date of claim to be used for this purpose, where it is an accurate reflection of the normal employment pattern. If this information is not available from Intreo Centre or Branch Office records, details should be obtained from the employer.
Where the level of employment during the preceding 13 weeks differed temporarily but significantly from the person's previous level of employment, it may be more appropriate for the Deciding Officer to choose an alternative period. For example, where the person's level of employment fluctuated because of annual workflow patterns or unusual circumstances, the Deciding Officer should look at the record of employment over the previous 26 or 52 weeks.
Where the person had no employment during the preceding 13 week period, e.g. where he or she lost employment while in receipt of IB, the normal level of employment should be determined by reference to a representative period before the period on IB.
Where a person obtained additional employment during the period immediately preceding expiry of JB and the number of days reduced again when the new claim was made, enquiries should also be made as to whether the additional days continue to be available, and as to whether he or she is available for and genuinely seeking full-time employment. A period of 26 weeks or 52 weeks would be more representative in these circumstances.
NOTE
Rounding of Days
When determining a person's normal level of employment, a part of a day should be rounded up to the nearest day.
Short-Time Work Support (STWS) – formerly known as Systematic Short-time
Short-Time Work Support - formerly known as Systematic Short-Time- is available to assist employees in cases where their working days are reduced by their employer on a temporary basis. This provision is available under Jobseeker’s Benefit (JB) and is non-taxable. An individual’s eligibility to receive JB while in a systematic short-time working arrangement is dependent on the extent to which their working days have been reduced. To qualify for STWS a person must meet all of the qualifying conditions for JB including the PRSI contribution conditions.
Where a person’s days of employment are reduced and they do not have sufficient contributions for JB under Short-Time Work Support they can apply for Jobseeker’s Allowance (which is a means tested payment) as a casual customer.
Short-Time work means work in which, for the time being, the number of days systematically worked in a working week is less than the number of days which is normal in a working week in the employment concerned – typically reducing from a five day week to working three days per week.
Short-time work must be systematic, i.e., there must be a clear repetitive pattern of employment each week, e.g. 1, 2 or 3 days per week, every week or say 2 days in the first week and three days in the second week, with this pattern repeated every two weeks.
The person must also work at least one day in each week that he or she would normally be working (i.e. which is normal in a working week in the employment concerned)
Work on a week-on/week-off basis is not short-time work.
In determining whether or not a person is working on a short-time basis, Deciding Officers should consider:
Rate/Days of Payment for Short-time Claimants
The number of days of JB payable each week to a short-time worker is limited to ensure that the total number of days paid and the number of days worked do not exceed five. The amount of JB payable in respect of each day of unemployment is one-fifth of the appropriate weekly JB rate.
EXAMPLE:
A single person's working pattern is reduced from 5 days a week (Mon - Fri) to 3 days a week (Mon - Wed) 2 days JB are payable at 1/5 JB weekly rate in respect of each day.
The Short-Time Work Support Scheme is paid by EFT each week.
Short-Time Work Support workers and Substantial Loss
By definition, a short-time worker satisfies the substantial loss condition. However, where a person exhausts entitlement to JB, a number of factors must be considered for re-qualification purposes, including:
Week-on Week-off Working and Substantial Loss
In order to satisfy the substantial loss condition, the number of days worked after the date of claim for JB must be less than the number of days worked before it. If a person had been working continuously on a week-on week-off (referred to as WOWO) basis prior to the JB claim, and continues to work the same pattern of days thereafter, there would be no loss of employment, and JB would not be payable.
All week-on week-off claims should be reviewed on requalification following expiry of JB.
Legislation Governing Classification of Casual Employees
Article 51 of S.I. 142/2007 sets out the circumstances, in which a person is classified as a casual employee:
In arriving at a decision, Deciding Officers are required to have regard to the points above. If the worker/work pattern does not comply with all 3 of the above-mentioned requirements, the person cannot be classified as a casual worker.
Employment on a casual basis implies that the number of days worked will vary each week with the amount of work available. There will be no established pattern of days. This variety will also be reflected in the wages paid. A set weekly wage regardless of the hours worked would not be treated as casual employment. Variations in hours/days worked must be due to the employer's requirements, as opposed to a work pattern chosen by the employee. In addition, there must be no guaranteed minimum hours or wages each week.
If the employee was previously working full-time or had regular part time hours with the same employer, there must have been a change of situation, indicating the termination of any fixed contract. To some degree a casual worker is employed on an ad-hoc/on-call arrangement, depending on the employer's level of business.
In determining whether a person is a casual worker, regard should be had to the employment during the 6 months immediately before the first day of the JB claim. Deciding Officers have discretion to have regard to other periods where there is good reason to believe that an alternative period would be more representative of the person's working pattern.
There are circumstances where a casual worker doing relief work may be given a temporary guarantee of work for a number of weeks, e.g. for 2 weeks while a regular employee is absent from work due to illness. In such cases, the underlying normal working pattern (which is casual) may be accepted as continuing, rather than the Deciding Officer having regard to the temporary arrangement.
Only those who satisfy the criteria can be classified as a casual worker are exempt from satisfying the substantial loss condition.
Re-classification of Casual Workers during the lifetime of a JB claim
Re-classification due to a change in circumstances
Deciding Officers have discretion under the legislation to revise a previous decision where it appears that there has been a change of circumstances. The employment pattern of a ‘casual’ employee should be examined during the course of the claim. If it comes to light that there has been a change in the employment pattern since the date of the original decision which suggests that the claimant is no longer employed on a ‘casual’ basis e.g. where there appears to be a consistent, regular pattern of employment with one or more employers, he or she may be re-classified as a part-time employee and the substantial loss of employment condition applied. The decision, in this case, should be given from a current date. The Deciding Officer must establish the normal level of employment based on a representative period. The representative period to be used could be the 13, 26 or 52 week period immediately prior to the date of the re-classification.
A claim may be re-classified at any stage during its lifetime irrespective of the type of employment in which the claimant is engaged. It should be noted that there are no special arrangements in place to exempt any group of workers/ specific occupations from being re-classified as part-time workers.
Incorrect classification of Casuals at date of claim
Where it becomes apparent to a Deciding Officer that a person was incorrectly classified as a Casual at the date of claim, the re-classification to Part-Time should apply from the date of the award of the claim. It will be necessary to establish the normal level of employment in these cases. In establishing the normal level of employment the correct representative period to be used is either the 13, 26 or 52 weeks prior to the date of the original claim.
Where the re-classification and application of the normal level of employment results in a change in the claimant's entitlement to Jobseeker's Benefit, a Deciding Officer should make a revised decision and also determine the date from which that decision is effective. Section 302 (a) (b) and (c) of the Social Welfare (Consolidation) Act, 2005 sets out the date from which a revised decision should take effect. The Deciding Officer determines the appropriate effective date, based on the legislation and the circumstances of the case.
In these cases, where the entitlement is reduced or withdrawn due to a failure to apply the legislation correctly and no fault can be attached to the claimant, Section 302 (c) should be applied from a current date. (For more information on the application of this legislation please read the Revised Decisions Guideline ).
Re-classification of Casual Workers following exhaustion of JB
Casual claims should be examined at the requalification stage in order to determine whether the exemption from having to satisfy the substantial loss of employment still applies.
Availability and Genuinely Seeking Employment for part-time/casual and SST claimants
Casual and Part-Time claimants are required to satisfy the conditions of being available for and genuinely seeking employment in the same way as all other categories of claimants. Where a Deciding Officer is satisfied that the claimant is not making all efforts within the means available to him or her to secure full-time employment, the claim may be disallowed on these grounds.
Contribution Conditions
To qualify for JB a person must satisfy certain contribution conditions, which are detailed below. The first condition applies to all JB claims. There are two methods by which a person can satisfy the second contribution condition. Also, in the paragraph dealing with the second contribution condition, please note the two different definitions of the Governing Contribution Year (GCY). This change in definition is due to the alignment of the tax year with the calendar year from 01 January 2002.
First Contribution Condition
From 5th January 2009 a person must have at least 104 (previously 52) reckonable contributions paid since they entered insurable employment. Only contributions payable at Classes A, H and P (or the equivalent rates before April 1979) are reckonable for this purpose.
From 1st November 2019, a person must have at least 104 reckonable contributions paid since they entered insurable employment payable at Classes A, H and P (or the equivalent rates before April 1979) or 156 self-employment contributions paid at Class S.
Prior to the 7 April 2004, the number of reckonable contributions required between the date of entry into insurable employment and the date the claim was made was 39 weeks.
Second Contribution Condition
OR
If a person does not have 13 paid contributions in the Governing Contribution Year (GCY) he/she must have the 13 contributions paid in any one of the following years:
or
For claims made prior to the 5th January 2009 it was not necessary to have the 13 paid contributions in the GCY.
Definitions of Governing Contribution Year
Until 05 April 2001, the contribution year ran from 06 April to 05 April. With the alignment of the tax and calendar year from 01 January 2002, the contribution year runs from 01 January to 31 December. Consequently there are two definitions of the governing contribution year, the first which applies in respect of all claims made up to and including 06 January 2002 and the second which applies to all claims made from 07 January 2002.
For all claims made up to and including 06 January 2002, the Governing Contribution Year (GCY) was the last complete contribution year before the benefit year in which the claim was made. A benefit year begins on the first Monday in January in any calendar year and ends with the Sunday immediately before the first Monday in the next calendar year.
Example:
Date of claim: 23/03/2001
Governing Contribution Year: 1999/2000 (06/04/99 *05/04/00)
| Claimant's Record | |
| 1999/2000 | 35A |
| 1998/1999 | 7A |
Claimant in this case has insufficient contributions paid or credited in the Governing Contribution Year (GCY). However, as there are at least 26 paid contributions in the GCY, the year immediately preceding the GCY should be examined.
The second contribution is satisfied as the claimant has at least 26 contributions paid in both the GCY and the year immediately preceding the GCY.
Example:
Date of claim 22/2/16
Claimant has a total of 405 A1 contributions paid.
The Governing Contribution Year (GCY) is 2014
| Claimants record | |
| Year | contributions paid |
| 2014 | 35 A1 |
| 2013 | 27 A1 |
The 2nd contribution condition is satisfied as the claimant has at least 26 paid contributions in the GCY and the year immediately preceding the GCY.
Third condition: Earnings/Income
For employees, the amount of the person's average reckonable weekly earnings in the GCY determines the rate of benefit payable. For the full rate of JB to be paid, the earnings in the GCY divided by the number of qualifying contributions in that year must be above the prescribed amount.
For self-employed people, the average aggregate income (excluding reckonable earnings, reckonable emoluments and any other income that may be prescribed) from all sources for the contribution year as estimated determines the rate payable.
Reduced Rates of JB are payable where the average reckonable weekly earnings are less than the prescribed amount.
Reckonable weekly earnings for this purpose are earnings derived from employment which was insured at PRSI Class A,B,C,D,E,H,J and P. The reckonable earnings in the GCY are increased by the pension contributions made in that year. Reckonable earnings also include earnings from CE schemes (formerly SES) insurable at class A or J and SOLAS training allowances insurable at Class J. Where a person had no earnings (only credits) or weekly earnings of less than €32.00 in the GCY, a notional earnings figure of €32.00 is applied.
Reckonable weekly income in the case of self-employed people is income derived from self-employment which was insured at PRSI Class S.
Reckonable weekly earnings and reckonable weekly income cannot be combined to determine the rate payable.
Calculation of Reckonable Weekly Earnings
The total reckonable gross earnings (i.e. with no deductions) in the GCY is divided by the number of qualifying contributions (Class A, H or P) in that GCY.
EXAMPLE:
In the GCY 2014 person has the following record;
The average weekly reckonable earnings are calculated as follows;
Earnings: €12,000.00 + €500.00 = €12,500.00
Total number of Qualifying Cons: 40A
Average weekly earnings = €12,500.00/40 = €312.50
In this example, the person is entitled to the full personal rate of JB.
If a person worked only one week in the GCY, earning €300.00, reckonable weekly earnings would be €300.00
Tax calendar year alignment from 1 January 2002
The Tax and Calendar Year (TCY) were aligned from 01 January 2002. The PRSI contribution year was also aligned with the calendar year from the same date. The tax/contribution year commencing on 06 April 2001 ended on 31 December 2001, with a maximum of 39 contribution weeks.
Award of Additional Contributions
To ensure that no person was disadvantaged as a consequence of the re-alignment of the contribution year, it was decided to award 14 additional contributions in respect of the short (2001) contribution year from 06/04/2001 to 31/12/2001, as follows:
The additional contributions were at the highest value Class or Sub-Class paid by the person in the contribution year. The order for the value of PRSI classes is: A, H, E, S, D, B, C.
Class J Contributions
As class J contributors are insured for occupational injuries benefits only, their entitlements were not affected by the alignment of the tax and calendar years. Therefore, where a person has Class J Contributions only in 2001, extra contributions did not need to be added. Where a person has class J contributions and Credits in 2001, e.g. in respect of a SOLAS training course (formerly known as FÁS), 14 extra credits at the highest value of credit were added.
The principal aim of the additional contributions was to protect the "governing contribution year" (GCY). To ensure that this protection extended to all short-term schemes and as there is a requirement to have 13 paid contributions in the GCY to qualify for certain schemes (e.g. Illness Benefit), it was necessary that, where appropriate, the additional contributions were equal to PAID, as opposed to CREDITED, contributions.
Jobseeker's Benefit paid on foreign record
An administrative arrangement was made to ensure that any claimant applying for Jobseeker's Benefit on foot of a foreign insurance record would also benefit from the 14 additional contributions/credits. The contributions/credits were only be added where the claimant had not already benefited on their Irish record i.e. if the claimant had an Irish record for 2001 he or she would already have been awarded the 14 extra contributions/credits and should not have been awarded an additional 14.
Recording of the 14 Additional Contributions
2001 Paid Contributions
The 14 additional contributions were being recorded automatically on CRS at the same time as the paid contributions. These additional contributions were included in the total displayed on the relevant CRS screen.
2001 Credited Contributions
CRS awarded credits automatically, where applicable, as soon as a claim was closed on the payments system (ISTS). The 14 additional credits were recorded automatically in respect of all ISTS claims closed since 06/04/2001. These additional credits were included in the total displayed on the relevant CRS screen.
Change in PRSI Class
Where additional contributions were recorded and a higher value contribution was subsequently received, or where the highest value was amended at a later date, the 14 additional contributions were adjusted automatically to reflect the updated position.
Identification of Additional Contributions
When added to the CRS screens, the 14 additional contributions/credits were not be shown as a separate subclass on CRS due to technical difficulties. They can only be distinguished by the fact that in any 2001 contribution record the number of the highest class/subclass of contribution, whether paid or credited, includes the 14 additional contributions.
Reckonability of the 14 Additional Contributions/credits
For JB purposes, the contributions ARE reckonable for the following:
For JB purposes, the contributions WERE NOT reckonable for the following:
(52 contributions paid since date of entry into insurance). The additional 14 contributions should not be used to satisfy this condition.
Qualification for JB credits after a break of two consecutive years (SI 312/96, previously SI 5/53)
Where there was a break of two consecutive years in paid/credited contributions, at least 26 paid contributions are required to qualify for credits. The award of the 14 contributions does not count towards the requisite 26.
Re-qualification for JB after Exhausting Benefit
If a customer obtained 1 paid contribution from employment during the 2001 contribution year, 14 additional contributions were added to his or her record. These additional contributions were not reckonable for the purpose of re-qualification, i.e. they should not have been counted towards the necessary 13 re-qualifying contributions.
Calculation of 2001 Reckonable Weekly Earnings (RWE)
To ensure that the correct RWE was calculated, i.e. the average weekly earnings in respect of each week of employment, the earnings should be divided by the number of reckonable contributions actually paid in the GCY. The additional 14 contributions were not reckonable for this purpose.
Example: If a total of 40 class A contributions were recorded in respect of the 2001 contribution year, the earnings were divided by 26 to determine the reckonable weekly earnings, i.e. 40 less 14.
Award of credited contributions and the short 2001 tax year
Article 57(1) of SI 312 of 1996 Social Welfare(Consolidation Contributions and Insurability) Regulations, 1996 states: 'Where for any 2 complete consecutive contribution years, there are no employment contributions paid or credited in respect of an insured person, then an employment contribution shall not be credited to such person in accordance with articles 58, 60, 61, 62 and 64 unless, since the end of the second of the said contribution years, 26 employment contributions have been paid in respect of such person.'
The above legislation refers to the situation where a claimant who has two full blank consecutive contribution years in his or her insurance record, must obtain a further 26 contributions at Class A or H in order to re-qualify for credits.
Award of Credited Contributions
To ensure that no person was disadvantaged as a consequence of the realignment of the contribution year, the following administrative decision was made. Where a credits claimant had 2 consecutive contribution years in which no contributions had been paid or credited (i.e. 2 blank years), one of which was the short tax year 2001, the periods specified below, as appropriate, could have been taken in deciding whether the terms of Article 57(1) of SI 312 of 1996 applied when deciding these credits claims:
OR
EXAMPLES
EXAMPLE 1:
**Where a claimant applied for credits between 1 Jan 2002 and 5 April 2002
| Con Year | Paid Cons | Credits |
| 1999/2000 | 26 | 26 |
| 2000/2001 | 00 | 00 |
| 2001 | 00 | 00 |
There are 2 blank contribution years in this record, one of which is the Short Tax Year 2001.
In this example the customer applied for credits prior to 6 April 2002 therefore the terms of Article 57(1) of SI 312 of 1996 DO NOT apply and the customer is entitled to credited contributions.
Example 2:
Where a customer applied for credits between 6 April 2002 and 31 December 2002
| Con Year | Paid Cons | Credits |
| 1999/2000 | 26 | 26 |
| 2000/2001 | 00 | 00 |
| 2001 | 00 | 00 |
| 2002 | 12 | 00 |
There are 2 blank contribution years in this record, one of which is the Short Tax Year 2001.
In this example if any of the 12 paid contributions in the 2002 contribution year were paid in the period 1 Jan 2002 to 5 April 2002 then the terms of Article 57(1) of SI 312 of 1996 DO NOT apply and the customer is entitled to credited contributions.
EXAMPLE 3:
Where a customer applied for credits between 1 Jan 2003 and 31 December 2003
| Con Year | Paid Cons | Credits |
| 2000/2001 | 10 | 12 |
| 2001 | 00 | 00 |
| 2002 | 00 | 00 |
| 2003 | 20 | 00 |
There are 2 blank contribution years in this record, one of which is the Short Tax Year 2001.
In this example, if any of the 10 paid contributions or the 12 Credits in the 2000/2001 contribution year were paid/credited in the period 1 Jan 2001 to 5 April 2001 then the terms of Article 57(1) of SI 312 of 1996 DO NOT apply and the customer is entitled to credited contributions.
Unbroken PIE since 4/1/1993: Special Provision
A saver clause protects those who have been in receipt of benefit in respect of an unbroken PIE since 4/1/1993. If a claimant should transfer from IB or Invalidity Pension having been in receipt of same since 4/1/1993, full-rate JB would be payable as long as the PIE remains unbroken. (See section in respect of PIE Under Part 6)
Volunteer development workers: Special Provisions
Section 13 of the Social Welfare (No.2 Act) 1993 introduced special provisions for persons making a JB claim having been a Volunteer Development Worker (VDW) in a developing country.
From 21 December 1993, Volunteer Development Workers who worked abroad for an organisation which was affiliated to the Agency for Personnel Services Overseas (APSO), did not require reckonable weekly earnings of a prescribed amount to qualify for full-rate Jobseeker's Benefit claims made on their return. In effect, this meant that full-rate JB was paid in such cases for:
Extension of Special Provision
Section 24(2) of the 1999 Social Welfare Act extended these special provisions to include an extra Benefit Year.
Section 64(8) of the Social Welfare (Consolidation) Act 2005 deals with provision of employment benefit rate applicable to a person who returns to the state having been a Volunteer Development Worker.
This means that full-rate JB is now paid in such cases for:
Example
A Volunteer Development Worker returns to the State on 13/5/2013 after spending 5 years in a developing country.
1st claim (Benefit Year: 3 Jan 2011 – 1 Jan 2012)
| Date of JB claim | 11/5/2013 |
| GCY 2011 | 52 VDW credits |
JB claim may be authorised at full-rate provided all other conditions are satisfied. He or she receives JB from 13/5/2013 to 7/2/2014 , and returns to work on 10/2/2014. This employment terminates on the 7/8/2015.
2nd claim (Benefit Year: 2 Jan 2012 – 7 Jan 2013)
| Date of JB claim | 10/8/2015 | |
| GCY 2013 | 18 VDW credits | 34 JB credits |
JB claim may be authorised at full-rate provided all other conditions are satisfied. Claimant receives JB from 10/8/2015 – 22/1/2016, and returns to work on 25/1/2016. This employment terminates on 18/11/2016.
3rd claim (Benefit Year: 5 Jan 2015 – 2 Jan 2016)
| Date of JB Claim | 21/11/2016 | |
| GCY 2014 | 5 JB credits | 47 A1 contributions |
JB claim may be authorised at full-rate provided all other conditions are satisfied.
NOTE:
Persons in respect of whom Class A PRSI contributions were paid prior to commencing the voluntary work are entitled to credits for the period spent abroad up to a maximum of 5 years.
Persons in respect of whom Class B, C or D contributions were paid prior to commencing the voluntary work may have class A contributions paid through APSO for the first 39 weeks of the stay abroad followed by credits for up to a maximum of 5 years.
The onus is on the claimant to contact APSO and have the record of work abroad submitted to the Special Collection Section of the Department in order to record the number of credits due.
VDW credits are not applicable where a person has two consecutive years, in which no contribution has been paid or credited, immediately prior to going abroad as a Volunteer Development Worker (Article 57(1), SI 312 of 1996).
Contributions paid while working in another EU/EEA State
Aggregation of Social Insurance Records
Article 6 of EU/EEA Regulation 883/2004 provides for periods of social insurance (PRSI) in one Member State to be credited to a worker's social insurance record in another Member State to facilitate qualification for JB.
Social insurance credited to a person under this Article may be used to satisfy all of the contribution conditions for entitlement to JB.
EU Records Section, Buncrana, Co Donegal are responsible for the request of all EU Records (except United Kingdom cases, which is requested directly by the Intreo Centre).
Details of the person's actual earnings abroad are not sought. Instead, the person is credited with notional earnings (currently €629.42) in respect of each week that he or she worked in the other Member State. These notional earnings are added to any earnings from employment in this State in the GCY when calculating the average reckonable earnings. The sum of both is divided by the number of weeks worked abroad in the GCY plus the number of weeks worked in Ireland in the GCY.
Agreement between Ireland and United Kingdom
The agreement is to protect the benefit rights of people who have worked and paid reckonable social security contributions in Ireland and in those parts of the United Kingdom that are outside the European Union *i.e. the Isle of Man and the Channel Islands.
From 1 October (2007), people who have been working both in Ireland and The Isle of Man/The Channel Islands i.e. the islands of Jersey and Guernsey, *islands which are not members of the EU *will now, have the years when they worked on these islands taken into account when applying for social welfare entitlements (Jobseeker's Benefit) in Ireland. In the case of Jobseeker's Benefit person must have at least 104 Irish PRSI contributions paid.
See Part 10 on EU REGULATIONS
PART 4: Disqualifications
Disqualifications for up to 9 weeks:
A person may be disqualified from receipt of JB in certain circumstances. Any period during which a person is disqualified is counted as part of the continuous period of unemployment.
A person who would otherwise be entitled to payment may be disqualified from receiving JB for such a period as may be determined by a Deciding Officer, up to a maximum of 9 weeks, for any of the following reasons:
Refusal of offer of suitable employment
A disqualification of up to 9 weeks may be imposed if the Deciding Officer is satisfied that customer refused an offer of suitable employment. Each case is examined with regard to the particular circumstances that apply to it.
Loss of Employment through his or her own misconduct
A disqualification of up to 9 weeks may be imposed if the Deciding Officer is satisfied from the evidence before him or her that the reason the person lost his or her employment was due to his or her 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 date that the person lost his or her employment.
See separate guideline re 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".
Voluntarily left employment
A person may be disqualified for receiving JB for up to 9 weeks from the date of leaving employment if he or she has left it voluntarily without just 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 (i.e. the person left the employment following harassment/abuse from the employer).
Refusal or Failure to Engage with Activation Measures where penalty rate applied
A 9-week Disqualification of Jobseeker’s Allowance or Benefit may be imposed in circumstances where a person who has already had his or her 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.
Receipt of Redundancy Lump Sum
(Section 68(6)(e), Social Welfare (Consolidation) Act, 2005).
There is no disqualification from receiving JB irrespective of the amount of the redundancy payment for claimants 55 years of age or over
A person, who has been made redundant, shall be disqualified from receiving JB for a period of up to 9 weeks from the last date of employment where:
Note the following are not included:
Where an applicant for JB may have an entitlement to a redundancy settlement which is not yet negotiated, the JB claim may be awarded (if all other conditions are satisfied) pending receipt of the redundancy settlement. When the details of the redundancy payments become available, the JB claim should be reviewed. Where necessary a revised decision should be made and a period of disqualification as appropriate applied, i.e. the period for which a disqualification would have applied if the details of the redundancy payments had been available at the start of the JB claim.
It is important in all such cases that the customer is advised of the possibility of the imposition of a revised decision.
The period of disqualification should date, in all cases, from the date on which the person became redundant. However, as the disqualification is being applied after the date of the claim, the decision will be retrospective and an overpayment should be assessed where appropriate.
Where a redundancy payment is made in instalments, customers should be informed that the period of disqualification may be revised upwards on receipt of further/final instalments of Ex-Gratia payments.
Period of Disqualification
It should be noted that, while the imposition of a disqualification is mandatory, the duration of the disqualification is discretionary and may range from one day up to the maximum period of 9 weeks.
As the disqualification relates to persons under a certain age (55 years) who receive payments in excess of a certain amount (currently €50,000), it is reasonable for Deciding Officers to have regard to both of these factors when making a determination as to the appropriate period of disqualification.
Amount of redundancy received
In order to facilitate a degree of consistency with regard to the application of the legislation, the following schedule may be used as a guide to what might be considered to be an appropriate period of disqualification, having regard to the gross amount of redundancy received:
From 1st February 2007 the disregard that applies to Jobseeker's Benefit recipients is as follows:
| Amount of Redundancy Payment | Period of Disqualification |
| New Banding | |
| €50,000.00-€55,000 | 1 Week |
| €55,000.01-€60,000 | 2 Weeks |
| €60,000.01-€65,000 | 3 Weeks |
| €65,000.01-€70,000 | 4 Weeks |
| €70,000.01-€75,000 | 5 Weeks |
| €75,000.01-€80,000 | 6 Weeks |
| €80,000.01-€85,000 | 7 Weeks |
| €85,000.01-€90,000 | 8 Weeks |
| €90,000.01 and over | 9 Weeks |
Previous to 1st February 2007 the disregards are as follows:
| Amount of Redundancy Payment | Period of Disqualification |
| €19,046.07 - €25,400 | 1 Week |
| €25,401 - €31,750 | 2 Weeks |
| €31,751 - €38,100 | 3 Weeks |
| €38,101 - €44,450 | 4 Weeks |
| €44,451 - €50,800 | 5 Weeks |
| €50,801 - €57,150 | 6 Weeks |
| €57,151 - €63,500 | 7 Weeks |
| €63,501 - €69,850 | 8 Weeks |
| €69,851 and over | 9 Weeks |
In cases where the customer intends to use some of the redundancy payment to clear or reduce debts which have accrued, it is reasonable for Deciding Officers to offset these debts against the amount received before determining an appropriate period of disqualification, e.g. arrears of mortgage or rent, arrears of telephone/electricity/gas bills and particularly debts to moneylenders. Regard may similarly be had to costs related to any exceptional needs, e.g. the cost of converting the claimant’s home to facilitate wheelchair access by a family member. Deciding Officers should verify that such liabilities have been cleared (i.e. the amounts actually paid) before offsetting them against the redundancy payment received.
Age
It is also reasonable for a Deciding Officer to have regard to the age of the claimant in circumstances where he or she will reach the prescribed age (currently 55 years) during the period of the proposed disqualification. In such cases, the disqualification should cease to apply from the person's 55th birthday.
Example: A person receives a redundancy payment of €60,200. In the above schedule, the final €200.00 received increases the potential disqualification from 2 weeks to 3 weeks. If his or her weekly JB is €321.10 (Personal, IQA) and a 3 week disqualification is imposed, the person would stand to lose a payment of €321.10, an amount in excess of the €200 which put him or her into the €60,000.01 *€65,000.00 bracket. In this case, the person should be disqualified for 2 weeks only, thus bringing him or her into the €55,000.01 *€60,000.00 bracket.
NOTE: In all cases, the amount of JB withheld as a result of the imposition of this disqualification should not exceed that portion of the redundancy payment which brings the person on to the appropriate point in the schedule.
Cumulative total of days paid
In all the above circumstances, the period of disqualification is treated as if JB was paid throughout, i.e., the cumulative total of days of JB paid is continued for the duration of the disqualification. This means in effect that the maximum duration of JB entitlement for a person who has been disqualified for a period is 234/156 days less the period of the disqualification i.e. Disqualified for 3 weeks = 18 days, payment starts on day 19.
Credits
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.
Other Disqualifications
A person who would otherwise be entitled to payment may be disqualified for the full period in the following circumstances:
Employment on a Community Employment Scheme
A persons employed on a Community Employment Scheme ise disqualified from Jobseeker’s benefit while on the scheme.
Absence from the State
A person shall be disqualified from receiving JB, including increases in respect of a Qualified Adult/ Child Support Payment, while he or she is absent from the State.
There are two exceptions to this disqualification:
Under 65 Years of age and between 66 and 70 years of age
From January 2024 the below applies to those between 66 and 70 years of age.
He or she is required to inform the Intreo Centre or Branch Office 2 weeks in advance of his or her departure and to complete the UP30 Absence from the State form. All payments should be made retrospectively. It is not necessary for persons to present themselves at the Office after their return in order for normal payments to resume and arrears due to issue. If a person is absent from the state for longer than 2 weeks, he or she 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 absence from the state outside of the standard periods i.e. 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 being absent from the state where it is considered that there is a valid reason for doing so.
It is not necessary for a UP30b to be completed in respect of a Qualified Adult (QA) who is absent from the state.
Between 65 and 66 years of age
With effect from 30 September 2022, the regulations governing Absence from the State have been amended to allow people allow people aged between 65 and 66 years and in receipt of Jobseeker’s Benefit to be temporarily absent from the State for longer than 2 weeks in a calendar year.
There is no time limit prescribed for those aged between 65 and 66 years. However, the absence must be temporary, and a person must not engage in gainful employment or self-employment while absent from the State.
Legislation does not define the length of time a temporary absence from the State is deemed to be “temporary”. However, it is up to the Deciding Officer to decide if an absence can be considered temporary having considered the particular facts of the case, including the reason for the absence and the person’s intention to return to the State.
A person aged between 65 and 66 years, including their qualified adult, can be absent from the State on a temporary basis for any duration during the lifetime of their claim. A person is still required to inform the Department of their intention to leave the State and must give an approximate return date. The UP30b Absent from the State form, must be completed but payment may continue to issue to the person for the duration of their absence.
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 a sporting activity, 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 UP30 must be completed 2 weeks in advance.
Imprisonment
A person is disqualified for receiving JB while he or she is undergoing penal servitude, imprisonment or detention in legal custody.
Involvement in a Trade Dispute
A person is disqualified for receiving JB if he/she has lost employment due to his or her direct interest or involvement in a trade dispute at his or her place of employment. The disqualification applies as long as the stoppage of work continues, except in a case where he or she has, 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 Benefit.
Procedure
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 and Social Welfare Branch Offices of the decision on the claim submitted.
Where this disqualification is imposed, the period of disqualification is NOT treated as a period where JB was paid.
**Strike Credits *Trade Dispute**
Credited contributions are awarded to the person for the entire duration of the dispute.
**JB Disqualification *course of study**
Legislation provides that a person shall be disqualified from receipt of Jobseeker's Benefit while attending a course of study (including school/college holiday periods from 28th June 2011, Section 68A 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:
And
(b)With effect from the 20th of June 2016, Youthreach participants who complete their Junior Certificate/ Leaving Certificate or who leave 2nd level education early.
(c)From 28th June 2011
Prior to 28th June 2011 the student disqualification did not apply to mature students.
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 Benefit during the summer holiday periods if they satisfy the availability condition in the normal way.
Social Welfare Tribunal
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 his or her claim.
See also separate guidelines on Social Welfare Tribunal .
Where an applicant for Jobseeker's Benefit is disqualified he or she is notified of the decision. It is very important that Deciding Officers give full details of the grounds (lost work through own misconduct etc.), the reason(s) for their decisions and that the evidence relied on is listed. Also, officers should be careful to distinguish between the grounds for the decision (lost work through own misconduct etc.) and the reason(s) for the decision.
Notification of Award
Decisions regarding a person's entitlement to JB are in all cases made by a Deciding Officer. Where benefit is awarded, full details of the award are notified to the claimant on form UP2.
Notification of Disqualification
Notification of disqualification is conveyed to the claimant in writing. With regard to an application for Jobseeker's Benefit, the principles of Natural Justice require that a person must be informed of any statement or allegation affecting the claim of which he or she 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 claimant is entitled to know the source of any evidence adverse to his or 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 or her that there has been any relevant change of circumstances or of new facts which has been brought to notice since the original decision was made.
Notification of Disallowance
Where a claim for Jobseeker's Benefit is disallowed the claimant is notified of the decision in writing. It is very important that Deciding Officers give full details of the grounds (not available etc.) and the reason(s) for their decisions and that the evidence relied on is listed. Also, officers should be careful to distinguish between the grounds for the decision (not available, not Genuinely Seeking Work or both) and the reasons for the decision.
Natural Justice
Natural Justice requires that the person understands the procedure that is taking place, that his or her entitlement is under review, the evidence on which the revised decision is based, given the opportunity to comment on any evidence not personally supplied and have their reply recorded.
Concurrent Working and Signing Cases (CW&S)
Reports of CW&S whether received at Intreo Centre or Branch Office level or directly by the Special Investigation Unit (SIU) are checked to confirm that the subject of complaint is or was claiming Jobseeker’s Benefit during the relevant period of unemployment.
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 or her case to an Appeals Officer, following receipt of notification of a disallowance on Jobseeker's Benefit.
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, he or she refers the file to the Central Prosecutions Section.
Right of claimant to a review by a Deciding Officer of an adverse Deciding Officer decision
The claimant has a right to a review of a Deciding Officer's decision if he or she supplies new facts or fresh evidence. It is the policy of the department to ensure that any claimant who is dissatisfied with the decisions made on their social welfare entitlements is provided with the means to have such decisions reviewed. The department wishes to encourage claimants who are dissatisfied with a decision to try to resolve the matter, if possible, with the Deciding Officer.
Claimants whose claims are disallowed or disqualified or awarded at a reduced rate are informed that if they have any new facts or evidence that has a bearing on their case, they may submit such evidence in the first instance to a Deciding Officer for re-examination and, if appropriate, for revision of the decision.
The notification of decision informs the claimants of their right to seek a review of the decision by a Deciding Officer. The claimant still has a right of appeal to the independent Social Welfare Appeals Office and may simultaneously seek a review by the Deciding Officer and lodge an appeal to the Social Welfare Appeals Office.
Appeals
If a person is dissatisfied with any decision made by a Deciding Officer with regard to their entitlement to JB, he or she may appeal the decision to an Appeals Officer.
The legislation governing the procedures to be followed in processing an appeal made to the Social Welfare Appeals Office requires a Deciding Officer or someone acting on his or her behalf to provide a statement to the Chief Appeals Officer showing the extent to which the facts and contentions advanced by the appellant are admitted or disputed. (See Guideline on Appeal Submissions)
In cases where a disqualification on the grounds of involvement in a trade dispute is applied, the customer may appeal such a decision to the Social Welfare Appeals Office or he or she may take his or her case directly to the Social Welfare Tribunal.
See also separate guidelines on Social Welfare Tribunal .
Deciding Officer reviews following an Appeals Officer’s decision
Where following the Appeals Officer's decision, there are relevant new facts, which relate to a period other than that covered by the Appeals Officer's decision, the Deciding Officer may give a fresh decision. This decision must be substantiated by fresh evidence
Where, following the Appeals Officer's decision, the claimant submits new facts or fresh evidence, that relates to the period covered by the appeal, the case should be referred back to the Appeals Officer to consider revising the decision. If in doubt as to whether a letter from an appellant contains new facts or evidence the file papers should be referred back to the Appeals Officer for consideration.
Period of Interruption of Employment (PIE)
Definition of a PIE
A day of interruption of employment means a day of either unemployment or incapacity for work. Days for which: Jobseeker's Benefit, Illness Benefit, Occupational Injury Benefit, Maternity Benefit, Health and Safety Benefit or Invalidity Pension are paid are therefore days of interruption of employment. Days for which unemployment or disability credits are awarded are also days of interruption of employment.
From 21st February 2013 any four such days including Sunday in a period of seven consecutive days (4 in 7 rule) form a period of interruption of employment (PIE).
Prior to 21st February 2013 any three such days (excluding Sunday) in a period of six consecutive days (3 in 6 rule) form a period of interruption of employment (PIE).
From 19th January 2004 any two PIEs not separated by more than 26 weeks are to be treated as one PIE. ("More than" means at least 26 calendar weeks and 1 day.)
Example 1: JB claim ends 26 July 2003. Customer claims JB again from 22 January 2004. Claims link as less than 26 weeks break between the two claims.
Example 2: JB claim ends 26 July 2003. Customer claims JB again 10 November 2003 to 15 November 2003. These claims are not linked as they are separated by more than 13 weeks. Customer claims JB again from 22 January 2004. This claim links to the claim in November but not to the July claim. The non linking of the November 03 claim to July 03 claim is due to the fact that a 13 week linking rule applied to all JB claims made prior to the 19 January 2004.
From 26th July 2012
Jobseeker’s Benefit (JB) is not paid where a person qualifies for only one day in a week (see exceptions to this rule below).
Exception 1: Where waiting days apply at the beginning of a claim all remaining day/s of unemployment during the same JB payment week are paid.
Exception 2: In the last payment week of a claim where a person is exhausting benefit, all remaining day/s are paid. This does not apply where a claim is finishing prior to exhausting benefit, e.g. signing off/transferring to another payment.
If no day is payable, then no days are added to the cumulative total of days.
Linking of JB claims
Claims for periods treated as one PIE under this rule are called linked claims.
Where a JB claim does not link to a previous claim
Where a claim links back to a previous JB claim
Where the claim links back to a different (not JB) claim
Where the person was paid Illness Benefit, Occupational Injury Benefit, Maternity Benefit, Health and Safety Benefit or Invalidity Pension, or was awarded an unemployment/disability credited contribution in the 26 week period immediately preceding the date of the JB claim:
JB Linking to JB through another DSP Scheme
JB may also link to an earlier JB claim through another Social Protection scheme. This may happen as long as there is not 26 weeks or more where the person was not in receipt of JB or one of the following schemes AND there is not more than 2 years separating the two JB claims.
The schemes covered by this provision are;
Where two JB claims link in this way
Periods disregarded for Linking Purposes
Periods on any of the following activities for up to 1 year are disregarded when determining the break between 2 JB claims. A person may have consecutive periods on different activities disregarded, once they do not spend more than one year on any one activity.
Periods of up to 2 years are disregarded when determining the break between 2 JB claims where the person was on VTOS.
Ineffective Days
See separate section on Qualifying Conditions .
From 21st February 2013 Sundays are treated as any other day in the week, as a day of employment or unemployment as appropriate, previously Sunday was excluded.
The JB week runs from Thursday to Wednesday. The following is an example of a claimant’s signing pattern over a consecutive 4 week period. This claimant will not receive payment of JB as the days of unemployment are ineffective days i.e. they do not satisfy the 4 in 7 rule.
Example from 21st February 2013 (Sunday included)
| T | F | S | S | M | T | W | |
| Week 1 | O | O | O | X | X | O | O |
| Week 2 | O | X | O | X | O | O | X |
| Week 3 | O | O | O | X | X | O | O |
| Week 4 | O | O | X | X | O | O | O |
X= day of unemployment
O= day of employment
Example prior to 21st February 2013 (Sunday excluded)
The JB week ran from Thursday to Wednesday. The following is an example of a person's signing pattern over a consecutive 4 week period. This claimant would not receive payment of JB as the days of unemployment are ineffective days i.e. they do not satisfy the 3 in 6 rule.
| T | F | S | M | T | W | |
| Week 1 | O | O | O | X | O | O |
| Week 2 | O | X | O | O | O | X |
| Week 3 | O | O | O | X | O | O |
| Week 4 | O | O | X | O | O | O |
X= day of unemployment
O= day of employment
Description of each course as follows:
SOLAS Training
SOLAS is responsible for the funding, planning and co-ordinating 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 Course Types:
Market Led Courses
Market-led courses are those that are primarily developed and offered to meet identified employer demand. Market led courses include specific skills day courses (both short and long duration courses), on line and blended specific skills courses and occupational skills development programmes.
Client Led Courses
Client-led courses are those that are primarily developed and offered to meet what the client wants. Client-led courses may include day courses (both short and long duration courses), on-line courses and evening courses.
Premarket Led Courses
Premarket-led courses are those that are primarily developed and offered to provide bridging or foundation type training coupled with some supports primarily to facilitate access by learners to a mainline market-led course. Premarket-led courses may include some, day courses (both short and long duration courses), on-line courses and evening courses.
Supported Training Courses
Supported-training courses are those that are primarily developed and offered to learners who require significant additional supports to access and undertake training as part of their agreed pathway to work. Supported-training courses are delivered through Community Training Centres, Specialist Training Providers and through Local Training Initiatives.
Community Employment
Community Employment is a DSP Programme that benefits both the Community and the participants. The projects are involved in areas such as Arts, Heritage, Community Recreation, Environmental, Community Advice and Support, Tourism, Sports, 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.
Part-time Job Incentive Scheme
See separate guideline on Part-time Job Incentive
European Voluntary Service Initiative
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.
Optional Jobseeker’s Allowance is not available to those between 66 and 70 years of age.
**Option of claiming Jobseeker's Allowance (JA) instead of Jobseeker's Benefit
(JB)**
Where a person is entitled to Jobseeker's Benefit (JB) he or she may choose to claim Jobseeker's Allowance (JA) instead provided he or she satisfies the JA means test. This is referred to as 'Optional JA'.
The decision to avail of this provision should be made by the claimant. All relevant facts should be considered, including a possible entitlement to a higher rate of payment where the customer is entitled to Graduated Rate of JB and entitlement to Secondary Benefits.
There is no limit to the number of times a person may choose to opt for JA during the course of a JB claim.
Legislation provides that any day in respect of which a person receives JA, while having an entitlement to JB, shall be treated as though it were a day in respect of which JB was paid [Section 67(8) of SW (Consolidation) Act, 2005]. Thus, each day on which he or she receives Optional JA is counted as part of the JB entitlement. These claimants (with the exception of those aged 65) will require 13 contributions paid after 156 CT days to re-qualify for JB.
Where a person opts for payment of JA in lieu of JB, the following procedures should be applied:
*The JB claim should also be authorised. The cumulative total of days in respect of which optional JA is paid is counted for JB purposes, as the JA is paid on account of JB.
Break in Claim
Where Optional JA is in payment, care should be taken with repeat claims to ensure that entitlement to JB still exists. The linking period for Optional JA is the same as for JB, i.e. 26 weeks.
JB pending Optional JA
JB may be paid while awaiting a decision on JA entitlement, e.g. awaiting a means decision. When the JA claim is decided, payment of Optional JA may be authorised from the date of application. Payment should be adjusted to offset the amount of JB paid on account of the Optional JA.
Cumulative Total of days claimed
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 234/156 days, of JB. JB entitlement is thus exhausted when the claimant has been paid Optional JA for 234/156 days. To re-qualify for JB a claimant will require 13 paid contributions from the 157th day of the JB claim.
Reverting back to JB
The claimant may revert back from JA to JB at any time during the optional period, i.e. until 234/156 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.
Carer's Allowance
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 will also be eligible for a Free Travel Pass and may qualify for the Household Benefits.
A Person may not receive Jobseeker's Benefit/Allowance, Back to Work Allowance or Working Family Payment and half-rate Carer's Allowance but they may be a qualified adult on these payments and receive half-rate Carer's Allowance.
Neither personal rate JB nor an Increase for Qualified Adult is 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:
A person who is in receipt of WFP may not be claimed as a Qualified Adult on their spouse/civil partner/cohabitant JB claim.
Jobseeker's Benefit is not payable where the OFP recipient is also in receipt of Blind Pension.
Exceptions to the Overlapping Rules
There are exceptions to the overlapping provisions in relation to JB.
Blind Pension
JB may be paid to a person who is also in receipt of Blind Pension.
Disablement Benefit/Pension
JB 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 -
Guardian's Payment
JB 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 (i.e. the guardian) is, at the same time, also in receipt of either –
or
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, an Child Support Payment may be payable in respect of that child(ren) so long as the Child Support Payment conditions are satisfied.
Half Rate JB
The half-rate payments ceased for new applicants for Jobseeker Benefit customers from Thursday, 2nd February 2012.
There are 2 exceptions:
Half the personal Rate of JB may have been paid to a person who at the same time was in receipt of either:
Provided that no increase in respect of child dependants was payable on the JB claim.
Where the other pension or allowance was payable at a reduced rate, the amount of JB payable was increased to make up for this reduction. The aggregate of the two payments is equal to the full amount of the pension or allowance (with no reductions) plus half the rate of the JB payable.
Note: The total amount payable in such cases, could not exceed the maximum rate of JB applicable to the case (i.e., the rate of JB that would have been payable to the claimant, including any increase in respect of child dependants, if he or she were claiming JB alone).
From 2nd February 2012 , there is a new provision of partial Jobseeker's Benefit in some cases.
Where a person is in receipt of a reduced rate Widow/er’s Pension, Surviving Civil Partner’s Pension or One-Parent Family Payment (e.g. due to means or reduced contributions), Jobseeker’s Benefit (JB) may be payable. The JB payment, combined with the other payment, must not exceed the maximum rate payable on JB for the family circumstances of the claimant.
Credits
Claimants who do not qualify for payment of JB should be advised to sign for Jobseeker’s Credits provided that they satisfy the normal conditions.
Jobseeker’s Credits are not available to those between 66 and 70 years of age.
The EU Regulations apply to 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 i.e. 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.
From this date all Romanian/Bulgarian Nationals have a right to reside in the State.
From 1st January 2012
Romanian/Bulgarian Nationals do not require a work permit when taking up employment.
Persons engaged in self-employment in this State are required to pay PRSI Class S contributions. They will have limited cover for Maternity Benefit, State and Widow(er)'s/Surviving Civil Partner’s Pensions and Bereavement Grant.
The Treaties of Accession provided that Bulgarian/Romanian Nationals working legally in Ireland with a valid work permit for 12 consecutive months after 1st January 2006, were entitled to access the labour market without the need for a work permit. Such workers are covered by the Irish social insurance (PRSI) system and may, under EU Regulation 883/2004, qualify for Jobseeker's Benefit, on the basis of the social insurance contributions paid by him or her in Ireland and in his or her country of origin.
Previous to 1st January 2012
Romanian/Bulgarian Nationals required a work permit in order to participate in the Irish labour market unless exempt.
The Treaties of Accession provided that Bulgarian/Romanian Nationals working legally in Ireland with a valid work permit for 12 consecutive months after 1st January 2006, were entitled to access the labour market without the need for a work permit. Such workers are covered by the Irish social insurance (PRSI) system and may, under EU Regulation 883/2004, qualify for Jobseeker's Benefit, on the basis of the social insurance contributions paid by him or her in Ireland and in his or her country of origin.
Romanian/ Bulgarian Nationals who were spouses/civil partners of fellow Romanian/ Bulgarian Nationals and who wished to take up insurable employment, did not require a work permit from 1st January 2010 if the other person of that couple had held a valid work permit.
Spouses/Civil Partners of Romanian/Bulgarian Nationals who came to Ireland on or after 1st January 2007 but before 1st January 2010, must have been living in the State with their Romanian/ Bulgarian ‘worker spouse’ for 18 months or until 1st January 2010, whichever was earlier (a ‘worker spouse’ is a spouse /civil partner who held a valid work permit for 12 consecutive months and worked for a further 6 months).
Where a Romanian/Bulgarian couple were living legally in the State immediately before 1st January 2007 and one of the couple had held a valid work permit for 12 consecutive months immediately before the accession date, 1st January 2007, the other person of that couple did not require a work permit in order to take up insurable employment.
Bulgarian and Romanian Nationals who were self-employed did not require a work permit. Should a person who was self-employed wish to take up insurable employment they may have required a work permit.
NOTE 1: A person is regarded as being a citizen of one of the EEA member states if he or she is the holder of a valid passport of that country, irrespective of whether he or she was actually born in that country.
NOTE 2: Only holders of British passports which have the "EU logo" on the front cover have the right to enter Ireland without restriction. Holders of all other types of British passports should be referred to the Department of Justice and Equality to have their status in Ireland clarified.
Airline Workers
Up until 28th June 2012 flight crew or cabin crew were generally insured in the country in which the registered office of their airline was situated, provided a significant amount of work was not conducted in their State of Residence. This meant that a lot of aircrew, particularly those employed by Ryanair, were insured in Ireland. From 28th June 2012 EU legislation was changed and airline crew are now insured in the country in which they have their designated “home base”.
**Aggregation of Social Insurance Records *Article 6 of EU Regulation 883/2004**
This article allows for a period of social insurance (PRSI) in one member state to be credited to a worker in another member state so as to allow that worker to qualify for JB in that second country.
Overlapping Benefits-Article 10
This regulation deals with the possibility of a person qualifying for Benefit in more than one European country based on the same period of social insurance because of article 6.
**Transfer of Benefit *Article 64**
Under this Article a person who is fully unemployed and has been in receipt of JB in one of the European countries for at least 4 weeks, may transfer this benefit to one of the other European countries for 13 weeks, (78 days) provided the person is seeking employment in that country. The person registers as unemployed in the country to which he or she travels and the competent institution pays the benefit to the person while he or she is seeking employment in that country.
Outgoing cases from Ireland
A person in receipt of Irish JB may transfer the JB claim to one of the European countries for up to 13 weeks (78 days). The [form U2] is completed in the Intreo Centre or Branch Office with details of transfer dates etc. and given to the person transferring their benefit. The person takes this form to the social services office of the country to which they are travelling
Incoming cases from another European country
Nationals of other European countries may transfer their benefit into Ireland. The rate payable to such persons is the rate that they are entitled to in their home country converted into EURO. These claimants should provide a copy of the [form U2] from their home country and this form should be sent to EU Records section for conversion/translation (where necessary).
**Special Case *JA Pending Action Under Article 6 or 64**
If there is likely to be an undue delay in the processing of incoming article 6 or 64 cases, the person should be advised to claim JA in the interim.
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 he or she 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.
Transfer from another EU country
Where a person qualifies for JB due to an aggregation of two social insurance records, and has been paid a foreign JB within 26 weeks of becoming entitled to Irish JB, the period paid on the foreign JB should be deducted from their 234 days or 156 days on Irish JB i.e. the foreign JB "links" to the Irish JB.
For Example;
A person has received 90 days of British JB and then comes to Ireland. He or she receives a further 24 days of British JB on a transfer of benefit (see "Transfer of benefit"). He or she then finds work for a week, and pays one A1 contribution. He or she now qualifies for an aggregation of social insurance record (see "Aggregation of records"), and on that basis qualifies for Irish JB.
The number of days already paid on the British claim (90 + 24, or 114) is deducted from 234 (156) days maximum entitlement, leaving a net Irish entitlement of 120 days or 42 days as appropriate.
**Frontier Workers *Article 65 Cases**
Article 65 of the regulations refers to a separate class of workers called `frontier workers'. Article 1 (f) defines a frontier worker as any employed or self-employed person who works in the territory of a Member State and lives in the territory of another Member State to which he or she returns as a rule daily or at least once a week.
Article 65 provides that where such a worker becomes partially unemployed (e.g. part-time workers), the state in which that person is normally employed is responsible for paying Jobseeker's Benefit. However, where a frontier worker becomes fully unemployed, the state in which he or she is resident will be responsible for paying the benefit.
A frontier worker who resides in Ireland does not require any Irish contribution to qualify under Irish legislation if he or she becomes fully unemployed.
Enquiries regarding the identification and processing of claims from frontier workers should be directed to EU Records section.
Cross Border Workers
Under EU regulations a cross border worker is a person who works in one State but resides in another but does not return daily or at least once a week, he or she returns less frequently.
Cross border workers who are fully unemployed have a choice regarding the country in which they make an application for JB. They can claim in:
or
Seamen
A seaman is employed under the legislation of the country whose flag the ship is flying. An EU National working on a ship of another EU country is therefore treated as a frontier worker. An EU national (not resident in Ireland, and not working on an Irish boat) who becomes fully unemployed and decides to settle in Ireland would be treated as a migrant worker transferring to Ireland.
Methods of Payment
Jobseeker’s Benefit 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.
Maintenance
Stop dates are inserted in the computer system for appropriate dates e.g. person reaches pension age, or a dependent child reaches 18 years of age.
If a cheque payment is lost or is not received by a person, he or she 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 JB occur as a result of two payment instruments being cashed by him or her in respect of the same period, the overpayment will be recovered at the earliest possible opportunity.
Signing Arrangements
It is for the Intreo Centre or Branch Office 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 or her signing day and has still failed to sign by the next payment run date, payment is suspended.
If the person contacts the Intreo Centre or Branch Office he or she is questioned as to why he or she didn't attend on the appointed day.
Where a Deciding Officer is satisfied that the person still satisfies the statutory conditions for Jobseeker's Benefit, 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.
Proving unemployment in the prescribed manner
It is a requirement that a person proves unemployment by attending their Intreo Centre or 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 he or she has been continuously unemployed since last signing-on or that he or she expects to be unemployed for a future period.
See paragraph above on "Signing Arrangements".
Certification
Evidence of efforts to find work must be submitted by the person to the Deciding Officer when requested on a periodic basis. Such evidence would include responses to job applications, results of interviews, and list of employers that have been contacted regarding employment.
A person who is working part of the week and claiming JB for the days that he or she is unemployed is required to submit weekly dockets certified by his or her employer stating the days that he or she was employed in a specified 7 day period.
Review
A person's entitlement to JB is reviewed on a continuing basis to ensure that he or she continues to satisfy the conditions of entitlement.
A review may be carried out where doubt arises about fulfilment of any of the conditions e.g. failure on the part of a person to produce sufficient evidence of genuinely seeking work, failure to prove unemployment in the prescribed manner, refusal to participate in a SOLAS training scheme or in Community Employment etc.
Suspension of payment
Where it appears that a question has arisen or may arise as to whether the conditions for receipt of JB are or were fulfilled, or whether a decision should be revised, payment of JB 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.
Credited Contributions are not available to those between 66 and 70 years of age.
What are credits?
A credit is awarded for every 6 days of declared unemployment in a contribution year, whether these day 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.
Credited Contributions are awarded for the duration of disqualifications, subject to the conditions of being available for, capable of and genuinely seeking work, being fulfilled.
Credited contributions may be awarded under a number of conditions to persons who have entered insurance. These credits may be used to satisfy the second contribution condition for JB.
In order to be awarded JB credits, a person must:
Credits are awarded for:
Calculating Credits
The number of contributions to be credited to a person in any contribution year is one sixth of the total number of days of incapacity or of proved unemployment, or of both, as the case may be, in the Governing Contribution Year. However, days of unemployment in a contribution week in which a PRSI contribution is paid cannot be used for this purpose.
See also separate guideline on Credits Award
Strike Credits
Credited contributions are awarded to the person for the entire duration of the dispute.
Overlaps of Weeks of Insurable Employment and Credits
There are cases where the P60 return 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 referred to a Social Welfare Inspector (SWI) for investigation.
Natural Justice requires that the person understands the procedure that is taking place, that his or her entitlement is under review and in the case of a revised decision, the evidence on which the revised decision is based. He or she must be given the opportunity to comment on any evidence not personally supplied and have their reply recorded.
Special Award of Credits Week on / Week off
C
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 contribution conditions are fulfilled and the correct number of credits are awarded.
See also separate guideline on Credits Award
Pre-Entry Credits (PECs)
Persons, who have paid PRSI (class A, H, or P) for the first time between the start of the relevant GCY and the date of the claim, are entitled to credited contributions in order to satisfy the 2nd contribution condition for JB. These are called PEC’s.
When it is confirmed that 104 contributions, (52 prior to the 5th January 2009) have been paid, PEC's are awarded from the beginning of the contribution year in which the person started work up to the actual date of entry (DOE) into employment together with the 2 previous contribution years.
Example:
Customer starts work for the first time on the 5 September 2011, makes a JB claim in October 2013.
Pre entry Credits can be awarded from :
1/1/2011 to 4/9/2011 (2011 Contribution year) and for 2010 and 2009 Contribution years
| Year | Credits |
| 2011 | 35 Pecs |
| 2010 | 52 Pecs |
| 2009 | 52 Pecs |
Student Credits
Student credits are awarded where the claimant was a full-time student during the relevant GCY and had contributions paid prior to attending college or during the period spent at college. The conditions for the award of student credits are as follows:
Example:
Customer was a student from Sept 2007 – 17 June 2011 and re–entered at class A1 on 16 April 2012. Customer made a claim for J.B. on 25 June 2012.
Person’s record when student credits are awarded
| Year | Credits |
| 2010 | 20A1 + 32 Student Credits |
| 2011 | 12A1 + 40 Student Credits |
| 2012 | --- +15 Student Credits |
Student credits are awarded from the beginning of the contribution year up to the date the person re-enters insurable employment, and for the previous two complete tax years. Student credits may be awarded once only.
Jobseeker's Benefit has been reckonable as income for income tax purposes since 6 April 1994. The department pays Jobseeker's Benefit directly to claimants without any deduction for tax.
The treatment of social welfare short-term payments as income for income tax purposes is essentially a matter of equity. It ensures that one person does not pay less tax than another person simply because the first person's income includes a social welfare payment and the second person's income does not.
Since the introduction of the method of taxing short-term social welfare benefit payments, a number of improvements have been made to ease the position of those most adversely affected through a combination of general income tax improvements and specific measures to target families with children.
The following improvements in the method of taxing Jobseeker's Benefit were announced in the 1995 Budget and have been continued in subsequent Budgets: