Social Welfare Consolidation Act 2005

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Rates of assistance and effect of means on rates.

[1993 s121(1)]

142.—(1) Subject to this section and to sections 144 and 146, the rate (in this Chapter referred to as “the scheduled rate”) of unemployment assistance shall be—

(a) in the case of a person who—

(i) in any continuous period of unemployment, as read in accordance with section 141 (3), has been in receipt of unemployment benefit or unemployment assistance in respect of not less than 390 days of unemployment, or

(ii) immediately before the week of unemployment for which unemployment assistance is claimed, was in receipt of—

(I) one-parent family payment, but has ceased to be entitled to that allowance by virtue of no longer being regarded as a qualified parent within the meaning of section 172 (1), or

(II) carer's allowance, but has ceased to be entitled to that allowance by virtue of no longer being regarded as a carer within the meaning of section 179 (1),

the weekly rate set out in column (2) at reference 1(a) in Part 1 of Schedule 4 ,

(b) in any other case, the weekly rate set out in column (2) at reference 1(b) in Part 1 of Schedule 4 , increased by—

(i) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of assistance under this subparagraph in respect of more than one person, and

(ii) the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the claimant or beneficiary.

(2) (a) Subject to paragraph (b), unemployment assistance shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than €1, at the scheduled rate,

(ii) are equal to €1, at the scheduled rate reduced by €1, and

(iii) exceed €1, at the scheduled rate, reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.

(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no unemployment assistance shall be payable.

(3) Notwithstanding subsection (2)(a)(iii), where the sole means of a claimant for unemployment assistance, who is not one of a couple, are assessed under Rule 1(10) of Part 2 of Schedule 3 and where the rate of assistance payable to or in respect of the claimant, as calculated in accordance with subsection (2)(a)(iii), would be a weekly amount which is 10 cent or more, but less than €40, the claimant shall be entitled to payment of unemployment assistance at the weekly rate of €40.

(4) (a) In subsection (3) “couple” means a married couple who are living together or a man and a woman who are not married to each other but are cohabiting as husband and wife.

(b) For the purposes of Rule 1(10) of Part 2 of Schedule 3 when applied to subsection (3), “spouse” means each person of a couple in relation to the other.

(5) In the application of subsection (2) in the case of the persons or classes of persons that may be prescribed, regulations may provide for disregarding, in the manner that may be prescribed, any part of the weekly means of a claimant or beneficiary up to an amount not exceeding €2.50.

(6) The Minister may, notwithstanding regulations made under subsection (5) providing for weekly means of up to €2.50 in the case of certain persons or classes of persons to be disregarded, apply subsection (2) to those persons or classes of persons at any time.

(7) Regulations made under subsection (5) may apply to the whole State or to a specified part or parts of the State.