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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 4

Unemployment Benefit

Title to benefit.

[1952, s. 15]

29. —(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Act referred to as a day of unemployment) which forms part of a period of interruption of employment if—

(a) he is under pensionable age on the day for which the benefit is claimed, and

(b) he satisfies the contribution conditions in section 30 .

[1980, s. 17]

(2) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.

[1974 (No. 2), s. 10]

(3) Subject to section 125 , payment of unemployment benefit shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(4) For the purposes of any provision of this Act relating to unemployment benefit—

(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day he is not incapable of work and is, or is deemed in accordance with regulations to be, available for employment,

(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,

(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,

(d) Sunday or such other day in each week as may be prescribed shall not be treated as a day of unemployment or of incapacity for work and shall be disregarded in computing any period of consecutive days.

(5) Regulations may make provision (subject to subsection (4)) as to the days which are or are not to be treated for the purposes of unemployment benefit as days of unemployment or of incapacity for work.

(6) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate.

Conditions for receipt.

[1952, Sch. 4; 1974 (No. 3), s. 3; 1978 AM, ss. 13 (1), 14 (2); S.I. No. 156 of 1956]

30. —(1) The contribution conditions for unemployment benefit are—

(a) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in the period between his entry into insurance and the day for which the benefit is claimed, and

(b) that the claimant has qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed.

(2) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for the provisions of section 29 (2), 35 (1) or 35 (3) have been so entitled then, as respects unemployment benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1) (b), be regarded as continuing so long as the period of interruption of employment continues.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1) but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28]

(4) Subject to subsection (5), regulations may provide for entitling to unemployment benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit in respect of a qualified child shall be the same as if that condition had been fully satisfied.

Rates of benefit.

[1952, s. 14]

31. —Subject to this Act, the weekly rates of unemployment benefit shall be as set out in column (2) of Part I of the Second Schedule opposite reference 1 (A) in column (1).

Increases for adult and child dependants.

[1952, s. 26; 1980, s. 19]

32. —(1) The weekly rate of unemployment benefit shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[1952, s. 27; 1960 AM, s. 9; 1976, s. 18]

(2) The weekly rate of unemployment benefit shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

Reduced rates of benefit.

[1967 MP, s. 5]

33. —(1) Subject to subsection (2), the weekly rates of unemployment benefit, including any increases for dependants payable by virtue of section 32 , shall be at the reduced rates set out at reference I (B) of Part I of the Second Schedule after the 156th day for which the beneficiary has been entitled to that benefit.

[1978 AM, s. 13 (4)]

(2) Subsection (1) does not apply in relation to—

(a) a person over 65 years of age who has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which benefit is claimed, or

[1978 AM, s. 14 (2)]

(b) a person who has qualifying contributions in respect of not less than 280 contribution weeks in the period of 7 complete contribution years immediately preceding the day in respect of which unemployment benefit is claimed and the portion (if any) of the contribution year then current ending on that day.

Duration of payment.

[1952, s. 16; 1967 MP, s. 5; 1978 AM, s. 13]

34. —(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsections (3) and (6), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.

(2) Where a person entitled to unemployment benefit for 156 days has exhausted his right to unemployment benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to that benefit, and

(b) on his requalifying therefor, subsection (1) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to that benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.

[1976, s. 11]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “390 days” were substituted for “156 days”.

(4) Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit—

(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which he was entitled to that benefit, and

(b) on his requalifying therefor, subsections (1) and (3) shall again apply to him, but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(5) Where in the period of interruption of employment a person who is over the age of 18 years and is not a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband) has exhausted his right to 312 days' unemployment benefit within the period of 78 days ending on 5th April, 1976, he shall be entitled to unemployment benefit in respect of each day, up to a maximum of 78 days, of unemployment occurring after that date up to the 394th day of unemployment in that period of interruption of employment.

[1979, s. 22]

(6) Subsection (1) shall, in respect of a married woman (other than a married woman living apart from and unable to obtain any financial assistance from her husband or entitled to an increase of benefit for a child or husband), have effect as if “312 days” were substituted for “156 days”.

(7) Where a woman entitled to unemployment benefit for 312 days has exhausted her right to that benefit—

(a) she shall requalify therefor when she has qualifying contributions in respect of 13 contribution weeks begun or ended since the 156th day for which she was entitled to that benefit, and

(b) on her so requalifying, subsections (1) and (6) shall again apply to her but, in a case where the period of interruption of employment in which she exhausted her right to such benefit continues after her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

(8) Where in a period of interruption of employment a woman referred to in subsection (6) has exhausted her right to 156 days' unemployment benefit within the period of 156 days ending on 31st March, 1979, she shall be entitled to such benefit in respect of each day, up to a maximum of 156 days, of unemployment after that date up to the 315th day of unemployment in that period of interruption of employment.

[1952, s. 16]

(9) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim or give a notice, subject to the proviso that a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

Disqualifications.

[1952, s. 17]

35. —(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:

[1967 MP, s. 8]

Provided that the foregoing provisions of this subsection shall not apply to a person who—

(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(2) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

(3) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Act if he—

(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, or

(b) has refused an offer of suitable employment, or

[1967 MP, s. 8]

(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case, or

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

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

(4) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.

(5) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is—

(a) employment in a situation vacant in consequence of a stop-page of work due to a trade dispute, or

(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or

(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.

(6) In this section “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.