Social Welfare (Consolidation) Act, 1981
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Disqualifications. [1933 UA, s. 16 (6); 1935 UA, s.9; 1952, Sch. 6; 1977, s. 7 (2)] |
142.—(1) A person shall be disqualified for receiving unemployment assistance— | |
(a) while he is resident, whether temporarily or permanently, outside the State, or | ||
(b) while he is undergoing penal servitude, imprisonment or detention in legal custody, or | ||
(c) while he is an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or | ||
(d) while he is in receipt of or entitled to a blind pension under section 175 , or any disability benefit, maternity allowance or unemployment benefit under Part II . | ||
[1948, s. 35; 1967 MP, s. 15] | ||
(2) A person who loses his employment through his misconduct, or who voluntarily leaves his employment without just cause or who without good cause refuses or fails to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case shall be disqualified for receiving unemployment assistance for the period of three months or such shorter period (not being less than one week) as may be determined under this Chapter from the date when he so lost or left his employment or so refused or failed. | ||
[1933 UA, s. 16 (5); 1967 MP, s. 15 (a)] | ||
(3) (a) A person who loses employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop or other premises at which he was employed, shall be disqualified for receiving unemployment assistance so long as the stoppage of work continues, except in the case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation. | ||
(b) Paragraph (a) shall not apply to a person who— | ||
(i) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and | ||
(ii) 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. | ||
(4) Where separate branches of work which are commonly carried on as separate businesses in separate premises are in any case carried on in separate departments of the same premises, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory or workshop or separate premises, as the case may be. | ||
[1935 UA, s. 10] | ||
(5) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days. |