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Disqualifications.
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[1992, s. 27(1)]
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125.—(1) A person shall be disqualified for receiving unemployment assistance while he is—
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(a) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority,
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(b) entitled to or in receipt of unemployment benefit under Part II, or
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(c) employed during any week under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.
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[1992, s. 27(1)]
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(2) Notwithstanding subsection (1), regulations may provide, subject to such conditions as may be prescribed, that a person who is entitled to or in receipt of unemployment benefit under Part II shall not be disqualified for receiving unemployment assistance:
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Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.
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[1992, s. 27(1)]
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(3) 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 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:
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Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
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[1992, s. 27(1)]
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(4) 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 of the same premises or at the same place, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
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[1992, s. 27(1)]
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(5) A person shall be disqualified for receiving unemployment assistance for such period as may be determined by a deciding officer, but in any case not exceeding 9 weeks, if he—
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(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause,
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(b) has refused an offer of suitable employment,
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(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair as suitable in his case, or
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(d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,
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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.
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[1992, s. 27(1)]
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(6) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.
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[1992, s. 27(1)]
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(7) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.
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