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CHAPTER 9
Unemployment Benefit
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Entitlement to benefit.
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[1992, s. 28(1)]
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42.—(1) Subject to this Act, a person shall be entitled to unemployment benefit in respect of any day of unemployment (in this Part referred to as “a day of unemployment”) which forms part of a period of interruption of employment, if—
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(a) he is under pensionable age on the day for which the benefit is claimed,
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(b) he proves unemployment in the prescribed manner,
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(c) he satisfies the contribution conditions in section 43, and
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(d) he has sustained a substantial loss of employment in any period of 6 consecutive days.
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[1992, s. 28(1)]
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(2) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.
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[1981, s. 29(2)]
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(3) A person shall not be entitled to unemployment benefit for the first 3 days of any period of interruption of employment.
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[1981, s. 29(4); 1989, s. 28(1); 1993, s. 25(1)]
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(4) For the purposes of any provision of this Act relating to unemployment benefit—
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(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day—
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(i) he is capable of work,
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(ii) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and
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(iii) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, physique, education, normal occupation, place of residence and family circumstances,
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(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,
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(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,
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(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.
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[1986, s. 19(b); 1987, s. 11; 1990, s. 47(a)]
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(5) Notwithstanding anything contained in subsection (4), any period, not exceeding 1 year in duration, of—
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(a) employment under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme,
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(b) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,
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(c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,
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(d) attendance at a training course provided or approved of by An Foras Áiseanna Saothair,
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(e) employment under a scheme administered by An Foras Áiseanna Saothair and known as Teamwork,
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(f) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme, or
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(g) participation in a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme,
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shall be disregarded in treating, pursuant to subsection (4)(c), any two periods of interruption of employment not separated by more than 13 weeks as one period of interruption of employment.
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[1981, s. 29(5)]
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(6) 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.
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[1981, s. 29(6); 1987, s. 9(2)(a)]
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(7) The amount payable by way of benefit for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.
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[1983, s. 6(1); 1987, s. 9(2)(b)]
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(8) Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to unemployment benefit in any week shall be limited so that the total of the number of days in respect of which such benefit is paid and the number of days worked shall not exceed 5, and in such a case the amount payable by way of such benefit for any day of unemployment in that week shall, notwithstanding subsection (7), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.
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