S.I. No. 320/2011 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Jobseeker's Payments) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st July, 2011.

The Minister for Social Protection, in exercise of the powers conferred on her by sections 4 , 68A (inserted by section 7 of the Social Welfare (Miscellaneous Provisions) Act 2010 (No. 28 of 2010)) and 148 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Jobseeker’s Payments) Regulations 2011.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2011 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2011.

Definitions.

2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).

Exemption from disqualification for course of study.

3. The Principal Regulations are amended—

(a) by inserting the following article after article 47:

“Exemption from disqualification for course of study.

47A. A person shall not be disqualified for receiving jobseeker’s benefit in accordance with section 68A—

(a) while attending a course of study within the meaning of section 68A(3)(c), where the person is a mature student within the meaning of section 1 of the Local Authorities (Higher Education Grants) Act 1968 (No. 24 of 1968) (as amended by section 2 of the Local Authorities (Higher Education Grants) Act 1992 (No. 19 of 1992)), or

(b) while attending a course of study within the meaning of section 68A, where the person is participating in an activity within the meaning of article 120(4).”,

and

(b) by substituting the following article for article 121:

“Exemption from disqualification for course of study.

121. A person shall not be disqualified for receiving jobseeker’s allowance in accordance with section 148—

(a) while attending a course of study within the meaning of section 148(3)(c), where that person is a mature student within the meaning of section 1 of the Local Authorities (Higher Education Grants) Act 1968 (No. 24 of 1968) (as amended by section 2 of the Local Authorities (Higher Education Grants) Act 1992 (No. 19 of 1992)), or

(b) while attending a course of study within the meaning of section 148, where that person is participating in an activity within the meaning of article 120(4).”.

GIVEN under the Official Seal of the Minister for Social Protection,

28 June 2011.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 7 of the Social Welfare (Miscellaneous Provisions) Act 2010 amended the qualifying conditions for Jobseeker’s Benefit to provide for a disqualification for receipt of this payment in the case of people engaged in full-time education.

These Regulations provide that the disqualification for receipt of Jobseeker’s Benefit will not apply in the case of mature students during the period between two academic years, generally the summer months. During this period a mature student can apply for Jobseeker’s Benefit subject to satisfying the standard qualifying conditions including that of being available for full-time work.

These Regulations also provide that the disqualification for receipt of Jobseeker’s Benefit or Allowance will not apply to recipients aged between age 18 and 21 years who are deemed to be available for work while attending certain approved courses of education.