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Operational Guidelines: Jobseeker's Allowance
From Department of Social Protection
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Jobseeker's Allowance (JA) is a means-tested payment made to people who are unemployed and
- who do not qualify for Jobseeker's Benefit,
- whose entitlement to Jobseeker's Benefit has expired
OR
- who do qualify for Jobseeker's Benefit (JB) but choose to claim Optional Jobseeker's Allowance
Information Leaflets
SW 126 Supports available to unemployed persons.
SW126: Supports available to people on a Jobseeker’s payment
There are a number of supports available for people on a jobseeker’s payment to assist them engage in employment, enterprise, training and education opportunities. A brief summary is set out in this document.
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Legislation
The main provisions relating to Jobseeker's Allowance are contained in Chapter 2 of Part III of the Social Welfare Consolidation Act, 2005, as amended.
Administration
Jobseeker's Allowance is administered by staff at the department's network of Intreo Centres/Branch Offices throughout the country.
All guidelines for staff on the operation of the JA scheme are issued by
Regional Support Unit
Address:
Gandon House, Amiens Street, Dublin 1, D01 A361
Qualifying Conditions in Summary
To qualify for Jobseeker's Allowance a person must:
- be habitually resident in the state
- be unemployed
- be over 18 and under pension age (66)
- be capable of work
- be available for work
- be genuinely seeking work
- satisfy the condition as to means
- prove unemployment in the prescribed manner
Qualifying Conditions in Detail
Condition: Habitually Resident
For further details on this condition please refer to separate guideline Habitual Residence Condition.
Condition: Unemployed
From 20th February 2013
Jobseeker's Allowance is payable in respect of any week of unemployment.
A person must be unemployed for 4 days within a 7 day period to be treated as a ‘period of unemployment’, which includes all days of the week (Sunday included).
This means that a person must be unemployed for 4 days in any consecutive 7 days in order to receive JA.
Prior to 20th February 2013
Jobseeker's Allowance was payable in respect of any week of unemployment. Any 3 days of unemployment within a period of 6 consecutive days was treated as a week of unemployment. Any two such weeks not separated by more than 52 weeks were treated as part of the same claim.
A person must, therefore, have been unemployed for at least 3 days in a period of 6 consecutive days in order to receive JA.
Sunday was not treated as a day of unemployment and was disregarded in computing any period of consecutive days.
Day of Unemployment
A day is not treated as a day of unemployment unless on that day the person is capable of, available for full-time work and genuinely seeking work. (See below).
A person is not regarded as unemployed in respect of any day on which s/he is working under a contract of employment (written or otherwise) or is in receipt of wages. For example, the following classes of persons would be considered to be not unemployed:
- permanent full-time teachers who receive payment in respect of school holidays
- a person who is voluntarily job-sharing
- a person who is on a career break (during the agreed period of the career break)
- a person who is on garden leave
- a person who has been suspended on full pay
- full-time nurses who are on a rest week following a week of night duty
- seamen whose contract limits them to 84 hours a fortnight and who have worked the full 84 hours in one week
- people who work the equivalent of full-time hours by way of intensive shifts
Person on Career Break
A person on a career break is considered to be "not unemployed" during the agreed period of the career break.
Where the agreed period of the career break has ended and the person has sought to return to work but cannot due to a lack of a vacancy, Jobseeker's Allowance may be considered subject to all other relevant conditions being satisfied. In such cases, the terms/duration of the career break and reason/s for postponing the resumption of employment should be verified with the employer before a decision is made.
Person on Garden Leave
Garden leave (or gardening leave) describes the practice of giving an employee notice but telling them to stay away from work during their notice period. The practice is often used to prevent employees working for the employer's competitors for a period of time.
Employees continue to receive their normal pay during garden leave and are covered by any contractual duties, such as confidentiality agreements, until their notice period expires.
The term can also be used when an employee is sent home whilst subject to disciplinary proceedings, when they are between projects, or where, as a result of publicity, their presence at work is considered counter-productive. The Tracey Temple affair is an instance of the latter case.
Suspension from Employment with Pay
An employee who is suspended from employment with pay is considered to be "not unemployed" within the meaning of the Social Welfare legislation, in that s/he is suspended from employment for a definite period and may be deemed to be under a contract of employment for the duration of the suspension.
Applications for Jobseeker's Allowance during this period of suspension should, therefore, be disallowed from receiving payment on the grounds of being "not unemployed" under Section 141(1)(a) of the Social Welfare Consolidation Act 2005.
Suspension from Employment without Pay
A person who is suspended from employment without pay is not considered to be in employment and is therefore regarded as unemployed for Social Welfare purposes. However, the reasons for the suspension from employment should be examined to establish the conditions under which s/he was suspended. It is important to note that the reasons for the suspension from employment should also be checked with the employer before a disqualification or a disallowance is imposed.
Disqualifications and Disallowances
Section 147(4) of the Social Welfare Consolidation Act, 2005 provides that a person may be disqualified from receipt of JA for up to 9 weeks where s/he has lost employment through his/her own misconduct. The duration of the disqualification is discretionary, although it may not exceed 9 weeks.
In addition, where an employee has been suspended from employment without pay, JA claims should be examined under the availability and GSW conditions rather than the "not unemployed" condition.
Payment may be allowed where all relevant statutory conditions are satisfied.
Persons who have been suspended from employment and who find themselves in financial difficulty may apply for assistance under the Supplementary Welfare Allowance scheme.
Revised qualification conditions for public holidays
The Organisation of Working Time Act 1997 provides all employees with a minimum legally enforceable entitlement to paid holidays and public holidays. It repeals the Holiday (Employees) Act, 1973 and Section 4 of the Worker Protection (Regular part-time Employees) Act 1991.
Pay for public holidays for employees
Full-Time Employees
Employees who work or are normally required to work on a public holiday are entitled to payment by the employer for the public holiday. Employees who are not normally required to work on a public holiday are entitled to one fifth of their normal weekly rate of remuneration from the employer for the public holiday.
A full-time employee, who ceases to be employed during the week ending on the day before a public holiday, is entitled to be paid by the employer for the public holiday if s/he has worked during the 4 weeks preceding that week.
Part-Time/Casual Employees
Casual or part-time employees must have worked at least 40 hours in the 5 weeks ending on the day before the public holiday to establish a statutory entitlement to pay in respect of a public holiday.
Part-time or casual workers are not entitled to Jobseeker's Benefit or Allowance in respect of paid public holidays.
NOTE: Good Friday is a bank holiday not a public holiday therefore employers are not legally required to pay in respect of that day. If the employer does pay in respect of Good Friday, JA/JB is not payable.
Entitlement to holiday pay is built up as a person works during the year. Therefore, a person who is let go on a temporary basis may have an underlying entitlement to holiday pay. JA is not payable in respect of any day for which a person receives holiday pay.
Holiday pay legislation provides that pay in respect of holidays is required to be paid in advance. However, it is also open to an employee to make an agreement with his/her employer not to receive accrued holiday pay at the time of a temporary lay-off where s/he wishes to take these paid entitlements at a later stage. In this type of situation the person is considered to be on a temporary lay-off and the number of days for which the holiday entitlement has accrued should not be deducted from the JA payment until the paid leave is taken.
Examples:
- a person from the education sector e.g. school warden etc. decides, with the employer's agreement, that s/he does not wish to receive holiday pay entitlements accrued at the Christmas/Easter etc lay-off periods, until the summer lay-off at the end of June. In such cases, the number of days for which the holiday entitlement has accrued should not be deducted from the JA payment until the person receives his/her holiday pay entitlements at the end of June
- in some cases, e.g. factory work, with the employer's agreement, the employee may decide not to take his/her accrued holiday pay entitlement at the time of a temporary lay-off because s/he intends to take holidays with pay from this employment at a later stage. In such cases, the number of days for which the holiday entitlement has accrued should not be deducted from the JA payment until the paid leave is taken
Holiday Pay Received on Return to Work
Certain employments have regular seasonal lay-offs where employees have an accrued holiday entitlement which is not actually paid during the period of the lay-off. For example, a temporary school employee who is laid off during the summer months may not be paid during this period, instead s/he is paid his/her accrued holiday pay entitlement at the end of the lay-off period.
If this situation occurs, the Intreo Centre/Branch Office should ensure that, before the end of this lay-off period, the number of days for which JA is paid is reduced by the number of days for which holiday pay has accrued. This is to ensure that a person does not receive JA and holiday pay in respect of the same period.
Temporary Lay-off
Employees who are laid off temporarily (i.e. where they expect to return to the same employment at a later date) are not entitled to JA in respect of any day for which they receive holiday pay. This applies even if there is no definite date of resumption of work.
Termination of Contract of Employment
Employees whose contract of employment has ended and who have received holiday pay are entitled to JA from the first day of unemployment, provided all other conditions are satisfied.
Additional Holiday Pay Entitlements for Part-Time Workers
Part-time workers may also have an entitlement to additional holiday pay under the provisions of the Protection of Employees (Part Time Work) Act, 2001. JA is not payable in respect of any day on which a person receives holiday pay.
Treatment of the Additional Holiday Pay Entitlement for JA Purposes
Any additional holiday pay entitlement received by an employee in respect of any part of the lay-off period should be treated in the same manner as the accrued holiday entitlement, when calculating entitlement to JA.
Calculation of Paid Holidays
Where a part-time employee is laid off and receives holiday pay from the employer, the number of days deducted from his/her JA claim should represent the number of working days which the holiday entitlement represents. Therefore the number of hours for which s/he has received holiday pay should be divided by the number of hours worked per day in order to determine the number of days for which JA is not payable.
Rounding of Days
When calculating the number of days for which holiday pay has been received, a part of a day should be rounded up to the nearest day, as appropriate.
- a person normally works 2 hours per day, and receives 30 hours holiday pay. As this has been accrued at 2 hours per day, the number of days for which JA is withheld = 30/2 = 15 days
- a person normally works 3 hours per day, and receives 40 hours holiday pay. 40/3 = 13.3 (rounded to 14)
Hours Varied Per Day
Where the number of hours worked per day varies, the total number of hours holiday pay should be divided by the average number of hours worked per day. In most cases, the average will be furnished by the employer. However where necessary, the 13 week period immediately prior to the date of claim, or a more representative period, may be used.
School-Related Employees
With effect from the commencement of the school year 2015/2016 the practice known as “rolled-up holiday pay” has ceased for casual and non-casual teachers and special needs assistants (substitute SNAs) at primary and post-primary level. Instead, casual and non-casual teachers and special needs assistants employed in recognised primary, secondary, community and comprehensive schools and Education and Training Boards (ETB’s) will be paid a separate payment in respect of holiday pay. Accumulated holiday pay will be paid at the end of the school terms at Christmas, Easter and Summer in respect of any holiday pay accumulated in the previous period.
Link to the Department of Education and Skills circular that sets out the new method of calculating and paying accumulated holiday pay of casual and non-casual primary and post primary teachers:
Link to the Department of Education and Skills circular that sets out the new method of calculating and paying accumulated holiday pay of special needs assistants (substitute SNAs):
There are nine public holidays:
New Year's Day
St. Patrick's Day
Easter Monday
First Monday in May
First Monday in June
First Monday in August
Last Monday in October
Christmas Day
St Stephen's Day
Persons engaging in Self-Employment
A self-employed person (including a farmer) may be entitled to JA provided s/he satisfies the normal qualifying conditions. Self-employed persons are assessed with the income (net profit) derived from the business/holding.
A scheme for self-employed artists on jobseekers allowance has been established on a permanent basis from 1 September 2019 and is open to professionals from a wide range of artistic disciplines. It is an initiative under the Creative Ireland Programme. A pilot scheme for professional writers who were members of the Irish Writers Centre and to professional visual artists who were members of Visual Arts Ireland, had been in place since 2017.
The artists on the scheme are exempt from participating in the normal labour market activation activities for a period of 12 months. All other scheme conditions apply, including the means test. To qualify an artist must be a member of one of the listed Professional Disciplines and Certifying Organisations and provide a certificate/declaration from their professional body as to their status as a professional artist.
| Artform | Professionals | Certifying Organisations |
| Visual Arts | Visual Artists | Visual Arts Ireland |
| Theatre | Actors, Costume Designers, Theatre Directors, Set Designers, Stage Designers | Actors Equity/SIPTU |
| Literature | Writers | Irish Writers Centre |
| Music | Musicians including traditional, popular, rock music | Musicians Union of Ireland/SIPTU |
| Dance | Dancers, Choreographers | Dance Ireland |
| Opera | Composers | Musicians Union of Ireland/SIPTU |
| Film | Actors, Screen Writers, Film Directors | Actors Equity/SIPTU, Writers Guild of Ireland, Screen Directors Guild of Ireland |
| Circus | Street Performers | Irish Street Arts, Circus & Spectacle network |
They must also be registered as self-employed with the Office of the Revenue Commissioners and at least 50% of income should be derived from work as a professional artist in the previous year.
- Sales of Artworks
- Sale of Books
- Royalties
- Bursaries and grant arising from status as an artist
- Book readings
- Appearance fees
- Lecture fees
- Sales of Artistic Editions
- Artist Fee on Commissioned Works
- Artist Fee on Exhibitions
- Artist Fee on Education & Outreach Programme
- Artistic Consultancy
- Artist Fee for Selection Panels
- Artists Fee for Artistic Advisory Panels
- Artistic Technical & Installation Support
- Art Awards & Prizes
- Artistic residencies
- Artist Fee on Design Consultants
From 20th February 2013
If a person works from one day into another, the day on which the longer number of hours are worked is treated as the day of employment, the other day is treated as a day of unemployment. If the hours of employment are equal for both days then the 2nd day is considered the day of employment, and the 1st day as a day of unemployment.
Prior to 20th February 2013
Special rules applied to determine which day was to be treated as a day of unemployment where a person was employed to work continuously from one day into another (so as to ensure that both days were not treated as days of employment or as days of unemployment). The general principle was: the day on which the shorter number of hours was worked was treated as a day of unemployment (for which JA is payable) and the other day was regarded as a day of employment (for which JA is not payable).
However, there were exceptions to this rule as follows:
- the shift started on a Saturday and extended into Sunday. Saturday was considered to be the day of employment regardless of the number of hours actually worked on the Saturday because Sunday was not counted as a day of unemployment.
- the shift started on a Sunday and extended into Monday. Monday was considered to be the day of employment regardless of the number of hours actually worked on the Sunday.
Condition: Between 18 and 66 years of age
A person who satisfies all the other conditions may receive JA from his/her 18th birthday up to the day before his/her 66th birthday. JA may not be paid outside these dates.
Persons approaching pensionable age are advised to apply for a State (Contributory or Non-Contributory) Pension 3 months in advance of the relevant age limit.
Condition: Capable of Work
For a day to be regarded as a day of unemployment the person claiming JA must be capable of work on that day. A person is considered to be capable of work if there is no evidence to the contrary (e.g. unless he/she states otherwise), or where, on request, s/he fails to produce a final medical certificate following a period of illness.
JA Payable Pending Illness Benefit Appeal
When a person has been disallowed IB because s/he has been found "capable of work" following an examination by the Medical Assessor, it may be accepted that s/he fulfils the condition of being capable of work - notwithstanding any statement by the person that s/he does not consider him/herself to be capable of work. This is so even if the decision of the Medical Assessor is under appeal. JA may be paid pending the result of such appeal. Questions as to whether s/he satisfies the conditions as to availability for and genuinely seeking work are deferred in the interim.
In such cases the Deciding Officer should:
- ensure that the person satisfies the means condition for receipt of JA
- check that the person is not still in receipt of wages from the last employer (this may occur for example in permanent/pensionable jobs, or where the incapacity was due to an occupational injury)
- notify Illness Benefits Section that JA is in payment and confirm that the person has lodged an appeal
- advise the person that payment is authorised pending the result of the appeal only
- keep the claim under continuous review to ascertain the result of appeal. When the outcome of the appeal is known, the DO should, if the appeal has been successful, notify IB section of the amount of JA that has been paid during the overlapping period so that it will be treated as paid on account of the IB. If the appeal has not been successful, payment of JA may continue subject to the person satisfying the conditions of entitlement
JA Entitlement pending Disability Allowance (DA) Decision
a) Where a person applies for DA while in receipt of JA
Where a person applies for DA while in receipt of JA, the JA payment should continue pending the result of the DA claim (including appeal, where applicable).
NOTE: Disability Allowance may be disallowed on grounds of failing to satisfy the medical eligibility criteria for receipt of DA. This means that the DA section/MR do not declare that the claimant is fit for work, but that s/he has failed to satisfy the MR/Advisor that s/he is not ".substantially restricted..."
In such cases the Deciding Officer should:
- notify Disability Allowance Section that JA/JB is in payment and confirm that the person has lodged an application/appeal
- keep the claim under continuous review to ascertain the result of application/appeal
When the outcome is known, the DO should;
- if the application/appeal has been successful, notify the DA section of the amount of JA/JB that has been paid during the overlapping period so that it will be treated as paid on account of the DA
- if the application/appeal has not been successful, continue payment of JA/JB subject to all conditions being satisfied
b) Where a person applies for JA following DA Disallowance
- where the DA disallowance is not under appeal, the claim should be decided in the normal way, with due regard to the requirement to be capable of work, available for full-time work and genuinely seeking employment
- where the DA disallowance is under appeal, JA is not payable. Persons in this position whose means are insufficient to meet their needs and the needs of their adult or child dependant(s) should be advised to apply for Supplementary Welfare Allowance (SWA)
c) Pregnancy
Pregnancy is not an illness and in the absence of any complications of pregnancy or other illness, a pregnant woman (who may not be entitled to Maternity Benefit) satisfies the condition of being capable of work for the purpose of Jobseeker's Allowance throughout her pregnancy and in the period following the birth. She will also satisfy the availability condition unless there are other factors which could call her general availability for work into question. She must, however, continue to look for work throughout her pregnancy and in the period after the birth of her child in order to satisfy the condition of genuinely seeking work. On an administrative basis a woman will not normally be requested to prove that she is genuinely seeking work in the 4 weeks immediately before the expected date of birth of her child or in the 8 week period following the birth. She will not be required to attend at the Intreo Centre/Branch Office for signing purposes during this period provided she informs the Intreo Centre/Branch Office of her pregnancy.
Condition: Available for Work
A person must be available for work in order to qualify for and continue to receive Jobseeker's Allowance, i.e. be available for work in respect of each day for which s/he declares that s/he is unemployed. There must be no legal restriction on the person taking up employment (e.g. visa restrictions on taking up employment in the case of Non-EEA nationals). The onus is on the claimant to demonstrate that this condition is satisfied.
A person is regarded as available for employment if s/he is prepared to accept at once any offers of suitable employment.
While a person should be free to take up employment at once, a person may, in some circumstances require a day or two to make any necessary domestic arrangements.
It should generally be accepted that a person is available for employment, if
- s/he states that s/he is available for work
- s/he does all that is asked to show compliance with the availability condition
- there is no evidence to suggest the contrary
The person must be available for suitable full-time employment. In determining what constitutes "full-time" employment regard should be had to the normal working week (or normal working pattern) in the employment for which the person is holding him/herself available.
When deciding whether the person is available for suitable full-time employment, the Deciding Officer should take into account:
- the person's skills, qualifications and experience
- the length of time that the person has been unemployed and
- the availability of job vacancies in the locality
The Deciding Officer should have particular regard to the period of unemployment when deciding on availability. A person who has recently become unemployed (e.g. within the last 3 months) would be regarded as available where s/he is seeking to become re-employed in his/her usual employment, provided there is a reasonable prospect of this. However, if it was immediately obvious that there was no employment available within a specialised field in the local area, the person could be expected to broaden the search - either to a wider area or to other types of employment within a shorter period.
For example, a computer programmer who indicates that s/he will only work at programming may stand a reasonable chance of securing employment despite such a restriction. However, such a restriction would not be reasonable if the person still had no employment after 3 months on the Live Register.
If a person has not found employment within his/her chosen field or industry within a reasonable period (e.g. 3 months), and the person is not broadening the range of employment sought, the onus is on the person to demonstrate that s/he still has a reasonable chance of obtaining employment in that field despite failure to do so to date. For instance, in a situation where a person is promised permanent work in the near future on the basis that s/he must be free to take it up immediately, it may then be considered reasonable to refuse an offer of short term employment in the interim. Physical health may be a legitimate reason to restrict the range of work for which a person holds him/herself available. This is particularly so where physical build/health is a condition upon which an offer of work is dependent.
If there is any doubt about the person's availability, the Deciding Officer should seek further information from the person such as:
- the type of work which s/he is seeking and the reason(s) for any restrictions placed on the type of work which s/he is prepared or able to accept
- whether there are domestic or other commitments which limit his/her ability to accept a suitable job offer
Unreasonable Restrictions
A person may be regarded as not being available for work if s/he imposes unreasonable restrictions on:
- the nature of the employment
- the hours of work
- the rate of pay
- the duration of the employment
- the location of the employment, or
- any other conditions of employment which s/he is prepared to accept
In any case where a Deciding Officer is of the opinion that the person has placed unreasonable restrictions, s/he should be interviewed and given the opportunity to respond. In some cases, a person may demonstrate that the restrictions are not unreasonable and that s/he has a reasonable prospect of getting full-time employment despite such restrictions. For example, a person may be qualified as a baker, but may have ceased seeking work in that field upon developing dermatitis. Employment which would bring that person into contact with agents that trigger the condition would obviously not be suitable employment. Such a restriction on availability may, in the circumstances, be regarded as reasonable.
The following are some of the circumstances where a person may be considered NOT to be available for work:
- s/he is looking for a particular type of work only. As previously stated, after a period of unemployment, a person must be prepared to accept any employment for which s/he is qualified
- if a person is unwilling to accept an offer of suitable employment for which s/he holds him/herself available because s/he is unhappy with the going rate for the job this could be regarded as imposing unreasonable restrictions on his/her availability. Where a person has refused to take up employment because s/he is unhappy with the rate for the job, s/he should be interviewed by the Deciding Officer regarding the reasons for such refusal.
If for example, taking up such employment would leave a person in a worse financial position, taking into account the various other income supports available to him/her, then it may be reasonable not to accept an offer of such employment. However, weight should also be given to the longer term benefits that accrue to a person by virtue of being in employment.
- if a person states that s/he is unwilling to take up full-time work but is looking for part-time work only, e.g., 3 days per week or morning/evening work only, this could be regarded as an unreasonable restriction on his/her availability in terms of the hours of work s/he is prepared to accept.
It should be noted that this does not preclude a person from accepting part-time work in the absence of suitable full-time employment if the person demonstrates that s/he continues to be available for work in respect of the remaining days of unemployment
- it is expected that the person in part-time employment would continue to take steps which demonstrate that s/he is genuinely seeking full-time employment
- if s/he is only available during hours which are not typical of the employment sought, e.g. clerical office work in evenings only
- if s/he is unwilling to accept an offer of suitable employment for which s/he holds him/herself available because s/he is unhappy with the going rate for the job this could be regarded as imposing unreasonable restrictions on his/her availability. Where a person has refused to take up employment because s/he is unhappy with the rate for the job, s/he should be interviewed by the Deciding Officer regarding the reasons for such refusal
If for example, taking up such employment would leave a person in a worse financial position, taking into account the various other income supports available to him/her, then it may be reasonable not to accept an offer of such employment. However, weight should also be given to the longer term benefits that accrue to a person by virtue of being in employment,
- the person is unwilling to take up an offer of reasonable short-time employment e.g. relief work or employment under a short-term contract
- the person moves to a location where his/her prospects of getting suitable employment have been significantly reduced. In deciding whether a move to a location imposed unreasonable restrictions on availability for work, regard should be had to the reasons for the move. For example, people who relocate to be near family or relatives or under a resettlement programme would be regarded as indigenous residents
- the person is placing unreasonable restrictions on the distance which s/he is willing to travel to find work having regard to the availability of public/private transport
- s/he is placing unreasonable restrictions on his/her ability to take up work due to domestic commitments, e.g., caring for an elderly/sick relative or young children. If the person can show that s/he has made alternative domestic arrangements then s/he may be considered to be available for work
If another person has been nominated to assume these commitments, that person should not have domestic responsibilities of his/her own, live too far away or have no realistic means of travel to client's home. Deciding Officers should note the importance of applying this criterion to both men and women.
As a person has to be available to accept offers of employment, a refusal of an offer of suitable employment, training or placement may indicate that s/he is not satisfying this condition. The reasons for such refusal should be investigated.
There are legislative provisions specifying the circumstances in which a person may be deemed to be, or is exempted from the requirement to be, available for work:
Night workers
Where a person is employed to work continuously from one day through to another, the general rule is that the day on which the shorter number of hours is worked is treated as a day of unemployment. The person will also be deemed to be available for work on that day.
Rehabilitation training
A person will be deemed to be available for work on any day in respect of which s/he is participating in a course of rehabilitation training provided by an organisation approved by the Minister for Health for that purpose.
Part-Time firefighters
Retained firefighters are required, under contract of employment, to reside within 1.5 miles of the fire station and to commit to turning out to the fire station within 5 minutes. Such employment should not, in itself, be regarded as representing an unreasonable restriction on availability. However, retained firefighters must be available for additional part-time employment within the 1.5 mile area AND/OR for suitable alternative full-time employment beyond it.
In summary, while employment as a retained firefighter is not sufficient grounds for a disallowance on availability, this does not mean that persons so employed are exempt from availability criteria.
In terms of genuinely seeking work, the retained fire fighter should similarly be seeking employment additional to his/her employment as a retained fire fighter within the 1.5 mile area AND/OR should be seeking alternative full-time employment both within and beyond this area. In particular, a retained fire fighter should be required to provide substantial evidence that s/he is applying for and is genuinely prepared to accept full-time employment that would preclude employment as a retained fire fighter.
Courses of education, training or development
A person shall be deemed to be available for work while participating in a course of education, training or development approved by the Minister provided that
- s/he is at least 21 years of age
- s/he has been in receipt of JA/JB for at least 6 months (156 days)
- s/he has given prior notice of his/her intention to participate in the course
The course chosen must enhance the person's employment prospects. Courses must be approved by the department's Case Officers.
Once a person has been accepted on a course, s/he must notify the department by completing the BTEA application form (BTE1), which is available from Intreo Centres/Branch Offices. The completed form should be returned to the relevant Intreo Centre/Branch Office for verification of the conditions regarding age and duration on the Live Register. The form should then be forwarded by the Intreo Centre to a Case Officer for approval of the course. In determining whether participation in a course is likely to enhance the person's employment prospects, the Case Officer should have regard to the individual circumstances of the person concerned.
A broad range of courses may be approved - from personal development or basic education through to general training or the acquisition of specific job skills. Full-time day third level courses of education which are not:
- approved by the Department of Education and Science for Higher Education purposes, nor
- approved for European Structural Fund purposes, nor
- recognised by the National Council for Educational Awards
may not be approved for the purposes of this provision.
The following specific courses have been approved:
- the Horizon Project, which operates a Drug Rehabilitation Programme, and certain training courses for members of the travelling community
- the Access Project, which provides part‑time courses in the College of Industrial Relations
- short training courses provided by the Association for Personnel Services Overseas (APSO) in Ireland for the purposes of training for persons who are preparing to go abroad as volunteer development workers
- VTOS "Taster" courses
- Drug Rehabilitation Courses. A person participating in a recognised drug/alcohol rehabilitation programme may be deemed to be available for work
Persons participating in full-time courses who do not satisfy these conditions may be considered to be not available for employment.
Legislation provides that a person shall be disqualified from receipt of Jobseeker's Allowance while attending a course of study (including school/college holiday periods from 28th June 2011, Section 148 of the Social Welfare Consolidation Act 2005 as amended), and for the 3 month period after completing the Leaving Certificate or leaving second level education except in such circumstances as may be prescribed. The exceptions to this disqualification are:
a) persons aged between 18 and 20 years inclusive who:
- have been in receipt of JA for at least 6 months
- are participating in approved courses of education, training or development
and
- have not been enrolled in or attending an institute of education, for the purposes of completing a course of education or a course of instruction, within the 2 years immediately preceding the commencement of the course of study
b) With effect from the 20th of June 2016, Youthreach participants who complete their Junior Certificate/ Leaving Certificate or who leave 2nd level education early.
c) From 28th June 2011: Mature students i.e. persons over 23 years of age on or before 1st January in the year in which the course of study commences are exempt from the student disqualification for the period in between academic years only . The student disqualification applies during the academic year.
Prior to 28th June 2011 the student disqualification did not apply to mature students.
Deciding Officers should note that the disqualification for attending a course of study is completely separate to the availability condition. As mature students are exempted from this disqualification (in between academic years only), they may be entitled to Jobseeker's Allowance during the summer holiday periods if they satisfy the availability condition in the normal way.
Persons who wish to pursue part-time courses under the Back to Education - Part-Time Option must demonstrate that their participation does not restrict reasonable availability for work.
Where a JA recipient is attending a part‑time course under the Back to Education - Part-Time Option on the understanding that the course will help to enhance his/her employment prospects, s/he should be encouraged to complete this course. It should be noted, however, that attendance on a part-time course under the Back to Education - Part-Time Option is allowed on the clear understanding that availability for/genuinely seeking work opportunities must take precedence over course attendance, should a conflict arise.
Jobseeker’s Payment payable during the summer period - Reinstatement of BTEA after summer holiday period
BTEA participants formerly in receipt of JA are not entitled to be paid BTEA during the summer months.
BTEA participants, based on the primary payment being Jobseekers Allowance, who are progressing to the next year of their course or who are progressing from second level to third level approved undergraduate qualifications or from undergraduate qualification to BTEA eligible postgraduate courses will have their BTEA reinstated from the commencement of the new academic year irrespective of whether they were in receipt of a jobseeker’s payment for the summer period.
The Back to Education Allowance is a non-statutory, stand alone scheme.
Voluntary Work
A jobseeker who engages in voluntary work within the State may continue to be entitled to a jobseekers payment provided that, while engaging in the voluntary work, they continue to satisfy the statutory conditions of being available for and genuinely seeking work.
Examples of voluntary work in which jobseekers may engage include
- helping the sick, elderly or persons with a disability
- assisting youth clubs, church groups, sports groups, cultural organisations, local residents’ associations
The groups involved may be nationally organised groups or local voluntary or community groups.
Aims of the Voluntary Work Option
The aim of the Voluntary Work Option is twofold, namely – to encourage voluntary organisations to involve jobseekers to the greatest extent possible in their existing activities by creating new opportunities for voluntary work and to inform jobseekers of their freedom to involve themselves in voluntary work and to encourage them to do so.
Applying for the Voluntary Work Option
The jobseeker or the voluntary organisation/group involved should request an application form VW 1 from the Intreo Centre/Branch Office. The completed application form should be sent to the Intreo Centre and a Deciding Officer will determine whether the claimant may take up the work in question without affecting entitlement to the jobseekers payment.
Decisions in relation to Voluntary Work
In considering an application, the Deciding Officer will determine whether the work concerned is voluntary within the meaning of the scheme and whether the jobseeker would continue to satisfy the statutory conditions for receiving the jobseekers payment. The Deciding Officer will need to be satisfied that the jobseeker is available to take up employment, if offered it, and that they are making genuine efforts to find work. This applies whether the voluntary work is full or part-time.
While it is not possible to lay down hard and fast rules as to what constitutes voluntary work the position should be clear in most cases. Factors to be taken into account will include:
- the type of work involved
- the aims and standing of the voluntary body
- the weekly hours worked
- amount of any payment received by way of out-of-pocket expenses
The voluntary work would normally involve only a few hours a day or a few days a week but full-time involvement in voluntary activities would not necessarily be ruled out. However, there should be no implication of Job Replacement or Cheap Labour. Any payment for the voluntary work should generally be limited to out-of-pocket expenses such as travelling expenses or meal allowances.
Condition: Genuinely Seeking Work
A day is not treated as a day of unemployment unless on that day the person is genuinely seeking work which is suitable for him/her, having regard to his/her age, education, physique, location and family circumstances.
To satisfy this condition, it is necessary for the person to demonstrate that s/he has taken some positive action and is making genuine efforts to secure employment. The person must show that s/he has taken reasonable steps to secure employment during the relevant period and provide examples of such steps. The relevant period is the period in respect of which the person concerned has made a declaration that s/he has been continuously unemployed since the date of his/her application for JA.
The steps which a person is required to take must:
- be reasonable in his/her case, and
- offer him/her the best prospects of securing employment
Steps which would indicate that a person is genuinely seeking work may include:
- making oral or written applications for work to employers or persons who have advertised job offers on behalf of an employer
- looking for information on the availability of employment from employers, advertisements, employment agencies and people who have placed advertisements indicating that employment is available
- availing of reasonable training opportunities suitable in his/her case
- acting on the advice given by a Case Officer the Local Employment Service (LES) or the contractor. A Deciding Officer should question a person on whether s/he has acted on the basis of that advice
- taking positive, well advised steps towards establishing him/herself in self-employment which would take the form of
- researching possible areas of self-employment, or
- preparing business plans for a self-employment project, or
- attending relevant "start your own business" courses, or
- seeking information, advice or guidance in relation to any of these steps
Regard may be had to any other steps which a person has taken - provided they offer the best chance of getting employment.
Taking one step on a single occasion in a relevant period may not be enough to satisfy this condition unless that is all that was reasonable for the person to do in that period.
Each action, such as
- reading the Situations Vacant columns in the newspaper; or
- reading the job advertisements in the Intreo Offices and using the Work and Training *Information System (WATIS) machine
- writing to an employer; or
- applying for a particular job vacancy
constitutes a single step to get employment. For example, checking the WATIS machine, writing to an employer and applying for a job vacancy in the same period would be taken as 3 steps to seek employment.
The steps which people are expected to take to seek work will vary from person to person and from one period to the next. In determining what are reasonable steps, the Deciding Officer should consider the nature and conditions of the employment sought and have regard to the individual circumstances of the person concerned in examining the steps taken to seek the type of employment in question.
What can be reasonably expected of a person may change during the course of a claim. For example, a person who checks the newspaper every day for 3 weeks may be unsuccessful in getting employment. S/he may be advised that this course of action may no longer be considered a sufficient approach to take, and that it would be reasonable to expect him/her to take additional steps - such as visiting employers' premises and enquiring about job vacancies.
Some people will have good chances of getting employment and will have many steps open to them in getting an offer of employment. They would not be required to take all the steps open to them, only those which are reasonable and offer them the best prospects of getting such an offer. Other people may have poor prospects of getting employment and only a few steps open to them. In their case it may be reasonable for them to take all these steps.
For example, a highly skilled person seeking a highly skilled job writing to a particular employer in that field may be the best step for such a person to take rather than simply checking the Situations Vacant column in the paper for such a job.
When deciding whether people have made genuine efforts, i.e. taken reasonable steps, to seek employment, the Deciding Officer should consider all the circumstances of the case. Particular matters which must be taken into account are:
- the person's skills, qualifications and work experience
- the period of unemployment
- the efforts made in previous weeks to seek employment
- the availability and location of job vacancies, and
- the person's family circumstances
A person's skills, qualifications and experience may affect both the type of employment being sought and the range of steps which s/he may reasonably be expected to take to seek such employment. For example, if a person is illiterate s/he cannot reasonably be expected to write to employers or read advertisements but may take other steps such as visiting or phoning employers.
Steps taken in previous weeks may affect the current efforts which a person may be expected to make to seek work. For example if a person has written to a number of employers and is awaiting replies, s/he cannot reasonably be expected to write to those employers again until a reasonable time has elapsed. However, this would not prevent a person from taking other appropriate steps to secure employment, e.g. checking advertisements, checking the WATIS machine or approaching other employers.
A person's family circumstances must also be taken into account. For example, such persons may need to make travelling arrangements in advance to visit prospective employers in view of their family circumstances. It may be unreasonable for a person with certain family responsibilities to seek work which involves a considerable amount of travelling time to and from work.
Conditions of entry to Ireland for EEA Nationals
The EU regulations that apply to the countries listed below are 883/2004 and 987/2009. Under these regulations citizens of these countries can travel to other member States to seek employment.
| Austria | Belgium | Bulgaria |
| Croatia | Cyprus | Czech Republic |
| Denmark | Estonia | Finland |
| France | Germany | Greece |
| Hungary | Iceland | Ireland |
| Italy | Latvia | Liechtenstein |
| Lithuania | Luxemburg | Malta |
| Norway | The Netherlands | Poland |
| Portugal | Romania | Slovakia |
| Slovenia | Spain | Sweden |
| Switzerland | the United Kingdom |
Romania and Bulgaria joined the European Union on 1st January 2007.
From 1st January 2012
Romanian/Bulgarian Nationals do not require a work permit when taking up employment.
Persons engaged in self-employment in this State are required to pay PRSI Class S contributions. They will have limited cover for Maternity Benefit, State and Widow(er)'s Pensions and Bereavement Grant.
Prior to 1st January 2012
Romanian/Bulgarian Nationals required a work permit in order to participate in the Irish labour market unless exempt.
The Treaties of Accession provided that Bulgarian/Romanian Nationals working legally in Ireland with a valid work permit for 12 consecutive months after 1st January 2006, were entitled to access the labour market without the need for a work permit. Such workers are covered by the Irish social insurance (PRSI) system and may, under EU Regulation 883/2004, qualify for Jobseeker's Benefit, on the basis of the social insurance contributions paid by him/her in Ireland and in his/her country of origin.
Romanian/ Bulgarian Nationals who were spouses/civil partners of fellow Romanian/ Bulgarian Nationals who wished to take up insurable employment did not require a work permit from 1st January 2010 if the other person of that couple had held a valid work permit.
Spouses/Civil Partners of Romanian/Bulgarian Nationals who came to Ireland on or after 1st January 2007 but before 1st January 2010 must have been living in the State with their Romanian/ Bulgarian ‘ worker spouse’ for 18 months or until 1st January 2010, whichever was earlier (a ‘worker spouse’ was a spouse/civil partner who held a valid work permit for 12 consecutive months and worked for a further 6 months).
Where a Romanian/Bulgarian couple were living legally in the State immediately before 1st January 2007 and one of the couple had held a valid work permit for 12 consecutive months immediately before the accession date, 1st January 2007, the other person of that couple did not require a work permit in order to take up insurable employment.
Bulgarian and Romanian Nationals who were self-employed did not require a work permit. Should a person who was self-employed have wished to take up insurable employment, they may have required a work permit.
NOTE 1: A person is regarded as being a citizen of one of the EEA member states if he or she is the holder of a valid passport of that country, irrespective of whether he or she was actually born in that country.
NOTE 2: Only holders of British passports which have the "EU logo" on the front cover have the right to enter Ireland without restriction. Holders of all other types of British passports should be referred to the Department of Justice to have their status in Ireland clarified.
Habitual residence cannot be determined simply by reference to a specific period of residence in a country. The length and continuity of a person's residence must be considered along with the other factors. The entitlement to Jobseeker's Allowance of all persons thus falls to be determined in accordance with the relevant standard criteria set out in the Social Welfare Acts, that a claimant be unemployed, capable of work, available for work, genuinely seeking work and whether means are less than the maximum rate payable.
EEA Nationals and availability
Where an EEA National can produce identification (passport, national identity card) confirming that he/she is from an EEA/EU country then attention should focus on the GSW aspect of entitlement.
(If there is any doubt as to whether the applicant is from another EEA/EU member state then form NEEA1 should be sent to the Immigration and Citizenship Division of the Department of Justice, 13-14 Burgh Quay, Dublin 2. The purpose of this form is to seek information on whether the person concerned is legally entitled to live in Ireland and free to take up employment in Ireland).
Habitual residence cannot be determined simply by reference to a specific period of residence in a country. The length and continuity of a person's residence must be considered along with the other factors. As stated above there is no minimum period of residence in Ireland required in order to qualify for Jobseeker's Allowance. However, it is reasonable for a Deciding Officer, when determining if the person concerned is available for work, to check the arrangements made by the claimant in relation to his/her residence in Ireland. Normally for this purpose it would be expected that the claimant would have established a permanent address:
- if resident in rented property to be in possession of a rent book (landlords are required by law to provide same to tenants)
- to have an account with a utility company
- to have contacted employment agencies or checked the WATIS machine
Generally speaking, addresses in hostels that provide accommodation for budget travellers should not be accepted as sufficient evidence for social welfare purposes that the person is resident and available for employment in Ireland.
Note: Persons who habitually reside in hostels for the homeless are in a different category and the above does not apply to them.
EEA Nationals and Genuinely Seeking Work
There are many difficulties faced by a person seeking employment outside their own country, e.g. unfamiliarity with local employment opportunities, differences in required educational and training standards and in most cases the need to have a good command of a second language.
Accordingly, special care should be taken to ensure that all EEA Nationals have genuinely come to Ireland with the intention of seeking employment as opposed to other motives such as travel, cultural, educational (improvement of English language skills), or to avail of social welfare payments not available in their state of origin or where jobseeker’s payments are paid at a higher rate in Ireland.
While an EEA National may be entitled to come and live in Ireland, it is reasonable to examine the circumstances surrounding his/her arrival in Ireland. Deciding Officers should therefore examine their previous employment history, educational qualifications (if any) (e.g. is applicant a full-time student?), and whether the decision to come to Ireland and the chosen place of residence in Ireland is consistent with a genuine search for work.
In certain circumstances it would be reasonable to take the view that a person who chooses to reside in an area where there are little or no obvious job opportunities for their particular job qualifications or where there is no means of travelling to work daily, is not genuinely looking for work.
Questions concerning Genuinely Seeking Work
To assist Deciding Officers in processing applications by EEA and Non-EEA Nationals, a list of questions that should be put to ALL EEA/Non-EEA national applicants has been drawn-up - form NEEA2. Given the need to address these issues fully, it is recommended that ALL EEA and Non-EEA applicants for Jobseeker's Allowance be scheduled for a desk interview by a Social Welfare Inspector.
Conditions of entry to Ireland for Non-EEA Nationals
Non-EEA Nationals are generally subject to much tighter regulations regarding their right to come to Ireland, to reside and to work in Ireland. In many cases it is necessary for Non-EEA Nationals to obtain visas authorising entry to Ireland. Such visas will generally state that the bearer is entitled to reside in Ireland for a specific period for the purposes of tourism, education, training etc. and will probably contain a prohibition on taking up work in Ireland without having first obtained a work permit from the Department of Jobs, Enterprise and Innovation. Where a visa is not necessary the conditions of entry will generally be entered on an official stamp in the person's passport.
Residence certificate – GNIB card to Irish Residence Permit (IRP)
Non-EEA nationals who are resident in Ireland for more than 90 days are required to have a permission to stay and to register this permission at a Registration Office. Upon registration, their passport is endorsed with the relevant Stamp (eg Stamp 2 for students) and they are issued with a registration certificate.
The registration certificate up until now has been commonly known as the GNIB (Garda National Immigration Bureau) card. A new card was introduced on 11 December 2017, which is know as the Irish Residence Permit, or IRP. This card will be posted to claimants.
GNIB cards will remain valid until their expiry date, and will only be replaced with an IRP card if the holder’s registration is renewed. Holders of GNIB cards do not need to change their card for an IRP card while the GNIB card is still valid.
Non-EEA Nationals and Availability
Where a Non-EEA National applies for Jobseeker's Allowance the question of availability has to be examined in-depth.
All non-EEA nationals should be asked to produce their passport/visa which should be examined to see what conditions have been imposed regarding entry/residence in Ireland.
Where the applicant does not possess a visa and there is no official stamp in his/her passport, form NEEA1 should be sent for completion to the Immigration and Citizenship Division, Department of Justice, 13-14 Burgh Quay, Dublin 2.
As previously stated, the purpose of the form is to determine if the applicant is legally resident in Ireland and free to take up employment in Ireland. If the person is:
- not legally resident or
- legally resident but not free to accept employment in Ireland (due to a Department of Justice prohibition on taking up employment) it is reasonable to conclude that the person is not available for work in Ireland
Non-EEA Nationals and Genuinely Seeking Work
As stated above in the case of EEA nationals, special care should be taken to ensure that all Non-EEA Nationals have come to Ireland with the firm intention of seeking employment as opposed to other motives such as travel, cultural, educational (improvement of English language skills), or to avail of social welfare payments not available in their state of origin or where jobseeker’s payments are paid at a higher rate in Ireland.
Questions concerning Genuinely Seeking Work
Deciding Officers should follow the same procedure as with EEA nationals. Appropriate questions from those listed on form AL 2 should be put to all non-EEA applicants. Given the need to address the issues of availability and Genuinely Seeking Work fully, it is recommended that all Non-EEA applicants for Jobseeker's Allowance be scheduled for a desk interview by a Social Welfare Inspector.
NON-EEA Nationals who have previously worked in Ireland
Claims are sometimes received from non-EEA nationals who have been admitted to Ireland with valid work permits in order to gain work experience or training, particularly in the medical field. It appears that in relation to medical personnel there is a system of placements of up to 6 months duration in different hospitals and that in practice the Department of Jobs, Enterprise and Innovation renew the work permits of such persons on securing a further placement. Where such a person claims Jobseeker's Allowance after completing a work experience/training placement it should be generally accepted that there are no barriers concerning availability for employment.
In relation to other non-EEA nationals who have been previously employed in Ireland the position is less certain and offices are advised to contact the Departments of Justice, and Jobs, Enterprise and Innovation, to ascertain the position regarding residence and the issue of work permits respectively.
Direct Provision Accommodation
Direct Provision is the means by which the State seeks to meet its obligations to provide for the material needs of people seeking protection in the State. Protection seekers are offered accommodation under the system of direct provision operated by the Reception and Integration Agency (RIA) of the Department of Justice. Protection seekers living in Direct Provision receive a weekly Direct Provision Allowance. This allowance is a non-statutory payment administered by designated persons of the Department of Social Protection on behalf of the Department of Justice.
Persons seeking refugee or other status cannot meet the Habitual Residence Condition (HRC) and therefore cannot qualify for DSP means tested payments. Once a protection seeker is granted status they may apply for a DSP means tested payment appropriate to their circumstances. HRC is a condition for DSP means tested payments. Prior to 1 October 2020, persons who remained in Direct Provision for a period before moving into the community may have the value of the non-cash benefit taken into account in assessing their means under the scheme rules. Non-cash benefit is not assessible from 1 October 2020. See Habitual Residence Condition (HRC) guidelines and Direct Provision - Social Welfare entitlements of people in Direct Provision centres (or similar centres) guidelines.
Students
Where an EEA/Non-EEA national states that he/she is a student written proof (in English) should be sought from the claimant that his/her studies have ended. In many continental countries the school leaving age for third level students is higher than in Ireland.
Asylum Seeker who has been granted Refugee Status
Non-EEA Spouse/Civil Partner of an Irish or other EEA National
Non-EEA National with an Irish Born Child
Person who has been given temporary leave to remain in the State on Humanitarian Grounds
Payment of JA
Where a Non-EEA National claims JA and is:
- an asylum seeker who has been granted refugee status
or
- the spouse/civil partner of an Irish or other EEA National
or
- the parent of an Irish born child, the child must have been born before 1st January 2005 and application for consideration under the (IBC/05) scheme must have been made by 31st March 2005
or
- a person who has been given temporary leave to remain in the State on humanitarian grounds
a work permit is no longer required. S/he should have the following stamp, issued by the Department of Justice, on his/her Certificate of Registration, stating: "Permitted to remain in Ireland until.........."
Payment should not continue beyond the date the person is permitted to remain in the State.
Payment of IQA in respect of a spouse/civil partner who is a Non-EEA National
Entitlement to payment of an increase for a qualified adult (IQA) in respect of a Non-EEA spouse/civil partner of an Irish or other EEA National should be determined in exactly the same way as if the spouse/civil partner was an EEA national.
Payment of IQA in respect of a cohabitant who is a Non-EEA National (Cohabitation Case)
(a) Where the partner is an asylum seeker:
IQA is payable provided that the normal conditions for payment of an IQA are satisfied.
The claim should be kept under review to examine the outcome of the application for asylum.
(b) Where the cohabitant’s asylum application has been rejected:
- an adverse decision on an application for asylum may be appealed
- if an appeal fails, a Deportation Order is issued
- the applicant may then apply for a Judicial Review
The IQA remains payable during the period of the Judicial Review provided all other conditions for payment of an IQA continue to be satisfied. The claim should be kept under review to examine the outcome of the application for Judicial Review.
(c) Where a cohabitant has a restricted visa:
When a Non-EEA National enters the country for a specific period of time and for a specific purpose, e.g. on a student visa, s/he is obliged to show, before s/he is allowed to enter the State, that s/he has sufficient funds to support him/herself for the duration of the stay.
In a cohabitation case, an application for an IQA in respect of a person with a restricted visa should be referred to a SWI to establish the details of the cohabitant’s income. When it is established that the normal statutory conditions for payment of IQA are satisfied, IQA may be paid. The Department of Justice should be notified of the award of an IQA in this type of case. In addition, the IQA entitlement should be kept under review.
British citizens born outside the U.K
(British passport holders who were not born in the United Kingdom e.g. citizens of Malta, Gibraltar, Cyprus, Canada, Australia, New Zealand, India, Pakistan, Nigeria, South Africa and other former British colonies).
As there are a number of scenarios, all such cases should be referred to the Department of Justice for clarification regarding right of residence in Ireland.
Persons born in the Isle of Man or the Channel Islands do not benefit from the EEA/EU provisions relating to the free movement of persons and services.
Under the EEA/EU Regulations a person shall be regarded as a UK citizen if:
- s/he has a parent or grandparent who was born, adopted, naturalised or registered in the UK or
- s/he has at any time been resident in the UK for 5 years
Irish passport holders born abroad
Where a claimant who is the holder of an Irish Passport but was born and reared abroad (e.g. in the USA) and claims Jobseeker's Allowance, the Genuinely Seeking Work aspect should be thoroughly checked having regard to the fact that most such persons come to Ireland for holiday or cultural purposes rather than to seek employment.
New age travellers
This is a term often used by the media to describe persons categorised as seeking to live an alternative lifestyle. Any person who describes him/herself as such should not be treated any differently or more strictly than other claimants. As in the case of all EEA/Non-EEA nationals such persons are obliged to satisfy the same conditions of entitlement with regard to availability for work etc. as other applicants. Intreo Centres/Branch Offices are entitled to conduct whatever investigations are considered necessary to ensure that the statutory conditions are satisfied. Use should be made of the questionnaire (form AL 2) already referred to above.
Refusal or Failure to Engage with Activation Measures – Penalty Rates
Activation measures are separated into two categories:
- refusal or failure to attend activation meetings , (Section 141A),
- refusal or failure to participate in prescribed schemes, programmes or courses (Section 141B)
The Social Welfare Consolidation Act 2005 (as amended by the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013) provides for a reduction in payment where a person, following notice given by or on behalf of the Minister:
- refuses or fails, without good cause, to attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or
- refuses or fails, without good cause, to submit to an assessment of that person’s education, training or development needs
- refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in
- any scheme or programme of employment or work experience,
or
- a course of education, training or development, which is prescribed for the purposes of this section* and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances
where a request is made by or on behalf of the Minister to that person (as a consequence of attendance for or submission to an assessment at i) or ii) above) to participate in, agree to participate in or avail himself or herself of an opportunity of participating in a scheme, programme or course, as the case may be, at a) or b) above.
Prescribed Employment Programmes and Schemes and Courses of Education, Training and Development
- Community Employment
- a course of training or development provided by or on behalf of SOLAS
- a course of education, training or development provided by or on behalf of an Education and *Training Board (ETB) including VTOS
- such other course of education, training or development as may be approved by or on behalf of the Minister from time to time
Completion of Decision
It is very important that Deciding Officers give full details of the grounds and reasons for their decisions. Also, officers should be careful to distinguish between the decision (not available, not Genuinely Seeking Work or both) and the grounds for the decision. Please see examples below.
Decision - not available
Grounds for decision
The claimant does not have permission to reside in Ireland and accordingly cannot be considered to be freely available to take up employment in Ireland.
Decision - not available
Grounds for decision
The claimant while permitted to reside in Ireland is prohibited by terms of residence from taking up employment in Ireland and accordingly cannot be considered to be freely available to take up offers of employment in Ireland.
Decision - not genuinely seeking work
Grounds for decision
Having reviewed the investigating officer's report and the facts contained in the claimant's application form, I am not satisfied that the claimant is genuinely seeking work. Specifically I have had regard to the fact that (select reason(s) appropriate to each case):
- lack of credible efforts to seek work since arriving in Ireland
- the claimant's decision to live in an area where he/she will not be in a position to travel to work due to a lack of public transport (having no transport of their own)
- the claimant's decision to live in an area where there are no realistic work opportunities having regard to (select as appropriate) (i) the claimant's education, (ii) training, (iii) previous work experience etc
- admission that he/she came to Ireland to improve their knowledge of English rather than to seek employment
indicates that he/she is not genuinely interested in pursuing employment in Ireland.
Completion of the Previous History Code
It is clear from a printout of the names of persons classified under Previous History Code 1 - “Outside the State - Non National" - that this code has been incorrectly applied to many persons who in fact should have been classified under Code 2 “Outside the State - Returned Emigrants ". Please ensure that persons of IRISH origin returning home to Ireland are not classified under Code 1 and revise any such existing cases that come to light.
Condition: Proving Unemployment in the Prescribed Manner
It is a requirement that a person prove unemployment by attending at an Intreo Centre/ Branch Office (or other designated place) on a day and at a time that an officer of the Minister may direct for the purpose of making a written declaration that s/he has been continuously unemployed since last signing-on or that s/he expects to be unemployed for a future period.
(See also paragraph: Signing Arrangements)
Condition: Satisfy a Means Test
To qualify for JA, a person must satisfy the conditions as to means. The person's weekly means, calculated in accordance with legislative provisions, must be below the amount of JA which would otherwise be payable to the person. JA is not payable where the weekly means are equal to or exceed the family rate. Means are deducted from the family rate.
Means are rounded to the nearest €1.00, 50c (being rounded upwards).
(For details of what is assessable as means, and how means are calculated - See the following separate guidelines: JA PRETA Means Assessment Spouse / civil partner / cohabitant earnings )
Jobseeker’s Transitional Payment (JST)
The Jobseeker’s Transitional Payment is a provision under the Jobseeker’s Allowance scheme that is available to lone parents (both former OFP recipients and new lone parents), who are not co-habiting and have a youngest child aged 7 to 13 years inclusive. The payment is known as JST.
JST recipients are exempt from the JA conditions that require them to be available for, and genuinely seeking, full-time work. They are also exempt from the 4 in 7 rule and can work any work pattern and still receive a payment subject to a means test. They can also move into education and/or employment, including into part-time employment, and still receive payment, subject to a means test.
All JST recipients must engage with the department’s Intreo service.
JST claimants who are married and have recently separated, must be separated for 3 months before they can qualify for Jobseeker’s Transitional Payment. Unmarried persons may apply for JST from the first day they become a lone parent.
The holiday entitlement for JST claimants is 3 weeks in any calendar year.
Half-rate Adoptive Benefit, half-rate Carer’s Benefit, half-rate Health and Safety Benefit and half-rate Maternity Benefit are not payable with JST.
[Link to Jobseeker’s Transitional Payment Guideline: Jobseeker's Transitional Payment]
[Link to the One Parent Family Payment Guideline: One Parent Family Payment]
Fish Assist
Fish Assist is not a separate scheme, it is payable under Jobseeker’s Allowance. However as it is based on the Farm Assist scheme, a statutory scheme (Chapter 11 of the SWC Act 2005 as amended) it is regarded as a long term scheme from the first day of the claim.
Secondary Benefits, Fuel Allowance and Christmas Bonus may be payable from the start of the claim, subject to satisfying any conditions applicable to the benefit.
A fisherman means a person engaged in sea fishing as a self-employed person:
(a) on a fishing boat entered in the Register of Fishing Boats, or
(b) on a fishing boat that has a licence to fish for salmon
A self-employed fisherman may qualify for Jobseeker’s Allowance. To qualify for Jobseeker’s Allowance a person must be available for and genuinely seeking work and satisfy a means test. The means of a self-employed fisherman is based on their net income. The net income is gross income less expenses. Means that a self-employed fisherman may have from other sources of self-employment is assessed in the same way. Generally, in assessing the means of a self-employed person the level of earnings in the preceding 12 months is used to determine their expected income in the following year. However, where there is a substantial change in the level of income this is taken into account in determining the means.
Certain disregards apply to self-employed fishermen. The disregards are as follows:
Where a self-employed fisherman or his/her spouse/civil partner/cohabitant is engaged on a seasonal basis in the occupation of fishing, one half of so much of the income from such as does not exceed EUR 153.00 per year and one third of so much of the income as exceeds EUR153.00 per year but does not exceed EUR 381.00 per year:
(a) From Wednesday 8th March 2017, farm income and other income from off-farm self-employment or in the case of a fisherman, the gross income derived from any form of self-employment, will be assessed at 70%. There are additional disregards of €254 for each of the first 2 children and €381 for the third and subsequent children.
The child disregards are applied first, then 70% of the balance assessed.
(b) From 3rd April 2013 the net income is assessed at 100% and the income disregard for children was removed.
(c) From 1st January 2012 to 2nd April 2013 85% (prior to 1/1/12 it was 70%) of the income less expenses incurred was assessed as means. An income disregard of €127 (was €254.00 prior to 1/1/12) per annum of the net income was disregarded for each of the first 2 qualified children and €190.50 (was €381.00 prior to 1/1/12) per annum is disregarded for each subsequent child.
A disregard of €2,540 is allowed against any payments under the Rural Environment Protection Scheme (REPS), the Special Areas Conservation Scheme (SACS) or the Green, Low-Carbon, Agri-Environment Scheme (GLAS). The balance is halved and any expenses associated with the scheme are deducted.
Definition of Share fishing
A “person engaged in share fishing” means a self-employed contributor who is a member of the crew of a fishing vessel and whose principal means of livelihood is derived from a share in the profits or the gross earnings of the working of the vessel.
A fisherman can sign on if
- the boat could not be put to sea due to bad weather
- boat is undergoing repairs or maintenance work*
*Any day spent doing repair/maintenance work to ensure the boat is seaworthy does not count as a day of unemployment
Shared fishermen who are classified as self-employed and who are already paying PRSI at Class S may pay a Class P contribution. Persons who pay PRSI at Class P may qualify for Jobseeker’s Benefit (JB)
Disqualifications: General
A person may be disqualified from receipt of JA in certain circumstances. Any period during which a person is disqualified is not counted as part of the continuous period of unemployment.
Notification of Disqualification
A person who would otherwise be entitled to payment may be disqualified for the full period in the following circumstances:
- Inmate of an Institution
- Employment on a Community Employment Scheme
- A student (except a mature student in between academic years)
- Absent from the State
- Imprisonment
- Involvement in a trade dispute
Disqualification 9 weeks
A person who would otherwise be entitled to payment may be disqualified from receiving JA for such period as may be determined by a Deciding Officer, but in any case not exceeding 9 weeks, for any of the following reasons:
- refusal of offer of suitable employment
- loss of employment because of wilful misconduct
- leaving employment voluntarily without just cause
- refusal or Failure to Engage with Activation Measures where penalty rate applied
Refusal of offer of suitable employment
A disqualification of up to 9 weeks may be imposed if the Deciding Officer is satisfied that the claimant refused an offer of suitable employment. Each case is examined with regard to the particular circumstances that apply to it.
Lost Employment through his/her own Misconduct
A disqualification of up to 9 weeks may be imposed if the Deciding Officer is satisfied from the evidence before him/her that the reason the person lost his/her employment was due to his/her own misconduct and the misconduct was wilful and has directly caused the loss of the employment. The period of disqualification may only be imposed from the date that the person lost his/her employment.
(See separate guideline Revised decisions )
Examples of misconduct that may lead to disqualification could include:
- unexplained absence from work/bad time-keeping without a valid reason
- stealing from place of work
- wilfully disruptive/unreasonable behaviour at work
Occasionally, an employer may give a person the option of resigning rather than being dismissed for misconduct. Where a disqualification is considered appropriate in such a case, the ground of disqualification is "misconduct" rather than "leaving the job voluntarily".
Voluntarily Left Employment
A person may be disqualified from receiving JA for up to 9 weeks from the date of leaving employment if s/he has left it voluntarily without good cause.
'Good cause' is not defined it is for the Deciding Officer to apply a common sense meaning to the expression in considering the case. Factors that may be taken into account could include the circumstances surrounding any changes in working conditions, the financial situation of the firm; whether leaving the employment amounted to constructive dismissal (i.e. the person left the employment following harassment/abuse from the employer).
Refusal or Failure to Engage with Activation Measures where penalty rate applied
A 9-week Disqualification of Jobseeker’s Allowance or Benefit may be imposed in circumstances where a person who has already had his or her rate reduced (Penalty Rate) for a period of not less than 21 calendar days (3 weeks) and continues to refuse or fail, without good cause, to engage in Group Engagement, one-to-one meetings, suitable education, training or development opportunities or specified employment programmes and schemes.
Effective Date of Disqualification
Where any of the above disqualifications is imposed, the period must be calculated with reference to the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy (as the case may be) occurred.
Credits
Credited Contributions are awarded for the duration of the above disqualifications, subject to the conditions of being available for, capable of and genuinely seeking work being fulfilled.
Other Disqualifications
Inmate of an Institution
A person shall be disqualified from receipt of JA in respect of any period where s/he is detained in prison or a mental institution which is being maintained wholly or partly out of public moneys or by a local authority.
Employment in a Community Employment Scheme
A person is disqualified from JA for any period that s/he is participating in a Community Employment Scheme (CE). Credits are not awarded as PRSI contributions are payable. However, the period on CE is disregarded for linking purposes.
Student Disqualifications
A person is disqualified from receipt of JA for any days in which they are attending a full-time day course of study, instruction or training at one of the following institutions:
- a school
- a university
- a college of a university
- a Regional Technical College
- an Institute of Technology
- any institution to which the National Council for Educational Awards Act, 1979, applies
- any other institution to which the Local Authority (Higher Education Grants) Acts, 1968 to 1992 apply
- other institutions as may be prescribed by the Minister from time to time
Second level students
Second level students who complete Examinations
The 3 month disqualification period for receipt of JA commences on the day following the last examination. This date will vary from student to student. It is incorrect to apply a disqualification period with a common start and end date for all cases. E.g. 3 months from 26 June to 26 September.
This disqualification extends for 3 months after the person has completed the Leaving Certificate Examination or for 3 months after the person finally leaves full-time second level education (whichever is the later).
Students who do not sit Examinations
Students who leave second-level education without completing the Leaving Certificate are disqualified for 3 months from the date of leaving school. Written verification should be sought from the school confirming the date of cessation.
Repeat-year students
Students disqualified from receipt of JA for 3 months following completion of the Leaving Certificate, who resume studies or who repeat the examination the following year, are subject to disqualification in the repeat year.
Students studying abroad
Irish and other EEA/non-EEA students studying abroad who have just completed second level studies abroad are similarly subject to disqualification (for 3 months from the date of leaving school or completion of examinations).
BTEA Participants
BTEA participants who are second level students are not subject to the 3 month disqualification.
Third level students
(a) Students who have not completed their final year
Third level students who have not completed their final year at college are disqualified from receipt of JA during the academic term and for the duration of the summer vacation periods. This disqualification also applies to:
- Students pursuing Post Leaving Certificate courses of more than one year's duration
- Irish/EEA students returning from courses abroad; and
- Non-EEA third level students applying for JA in Ireland
(b) Students who sit exams, but state that they do not intend to return to college
Third level students between academic years who sit summer examinations but state that they do not intend to return to college in the autumn should be regarded as following a course of study up to the commencement of the next academic year. As such, they are subject to disqualification up to the commencement of the next academic year (in September/October, as appropriate).
(c) Students who leave college mid-year
Third level students who state that they do not intend to continue with their studies and leave before the completion of the academic year (without sitting summer examinations) may be regarded as no longer "attending a course of study". As a result they are not subject to this disqualification. Colleges should be requested to confirm that the student has left and does not intend to sit end of year examinations.
(d) Students completing theses/projects
The legislation provides for disqualification while attending a full-time day course of study. Third level students who have completed final examinations but are completing theses or projects cannot be regarded as still attending a full-time day course of study and, therefore, cannot be disqualified under this provision. Entitlement may, however, be considered under the availability condition, - Section 141 (4) (c) depending on the degree of commitment to the project/thesis.
(e) Postgraduate (research) students
Students pursuing a course at Postgraduate level by research only, who do not have fixed lectures or holidays but who work "at their own pace" until the thesis is submitted should have their entitlement examined. Each case should be examined on an individual basis to ensure that the general availability/GSW conditions are satisfied.
(f) Third level examination only students
It is considered inappropriate to disqualify students who are only registered to sit examinations (i.e. are not attending an Iinstitution of education). These are mostly repeat year students registered for examinations only but also include persons studying at night and those following Open University courses. Such persons are not disqualified from receipt of JA under Section 148 of the Social Welfare Act 2005. However, these students must continue to satisfy the availability/GSW conditions.
The exceptions to this disqualification are:
a) persons aged between 18 and 20 years inclusive who
- have been in receipt of JB for at least 6 months
- are participating in approved courses of education, training or development and
- have not been enrolled in or attending an institute of education, for the purposes of completing a course of education or a course of instruction, within the 2 years immediately preceding the commencement of the course of study
b) with effect from the 20th of June 2016, Youthreach participants who complete their Junior Certificate/ Leaving Certificate or who leave 2nd level education early
c) from 28th June 2011 - Mature students for example persons over 23 years of age on or before 1st January in the year in which the course of study commences are exempt from the student disqualification for the period in between academic years only. The student disqualification applies during the academic year
Prior to 28th June 2011 the student disqualification did not apply to mature students.
Deciding Officers should note that disqualification while attending a course of study is completely separate from the availability condition. As mature students are exempted from this disqualification, they may be entitled to Jobseeker's Allowance during the summer holiday periods if they satisfy the availability condition in the normal way.
Absence from the State
A person shall be disqualified from receiving JA while s/he is resident, whether temporarily or permanently, outside the State.
There are two exceptions to this disqualification:
Holidays Abroad
(a) A person may receive JA for 2 weeks holidays in any calendar year. These holidays may be taken abroad. S/he is required to inform the Intreo Centre/Branch Office 2 weeks in advance of his/her departure and to complete the form UP 30. All holiday payments should be made retrospectively. It is not necessary for persons to present themselves at the Office after their holidays in order for normal payments to resume and arrears due to be issued. If a person goes on holiday for longer than 2 weeks, s/he may be paid in respect of the first two weeks, but should be disqualified for any period abroad in excess of this.
Persons who have been approved for unpaid holiday leave outside of the standard periods i.e. are away for longer than 2 weeks, should be asked to attend upon their return. It should also be noted that offices retain the discretion to invite any person to return to the Office after their holiday period where it is considered that there is a valid reason for doing so.
International Sporting Events
(b) The disqualification shall not apply in respect of any period during which a person is representing Ireland at an international sporting event in an amateur capacity. There is no limit on the amount of time that a person may spend abroad engaged in such sporting activities, but only periods of actual competition are covered. Training abroad is not covered, except in respect of final preparation and acclimatisation immediately preceding the competition.
An international event in this context means a competition such as the Olympics, Special Olympics, Para-Olympics, World or European competitions where the participants are formally representing their countries. The mere presence of athletes from various countries does not make it an international event.
Form UP 30 must be completed 2 weeks in advance.
Imprisonment
A person is disqualified from receiving JA while s/he is undergoing penal servitude, imprisonment or detention in legal custody.
Involvement in a Trade Dispute
A person is disqualified from receiving JA if he/she has lost employment due to his/her direct interest or involvement in a trade dispute at his/her place of employment. The disqualification applies as long as the stoppage of work continues, except in a case where s/he has, during the stoppage of work, become bona fide employed elsewhere.
This provision does not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
Where separate departments exist or where branches of work are commonly carried on
- as separate businesses in separate premises, or
- at separate places
each of those departments are treated as a separate factory, workshop, farm or separate premises or place.
In these cases, if a lay-off occurs in one department of a company due to a stoppage of work in another department, persons who are employed in the department where the lay-offs occur but who are not participating in or directly involved in a trade dispute are not disqualified from receipt of Jobseeker's Allowance.
Procedure
In order to maintain a degree of consistency and because a strike in one place of employment may result in claims at several Intreo Centres or Social Welfare Branch Offices, when a person has lost work due to a trade dispute the claim should be notified to RSU Schemes Policy Section, even if that person is not directly involved in the dispute. When a number of similar claims are notified, a test case will be taken. However, each individual has the right to have their case examined and a separate decision made.
If a claim is made the following information should be obtained for the benefit of RSU Schemes Policy Section:
- name of the Personnel Manager dealing with the dispute for the employer
- name and contact details of the Trade Union official dealing with the dispute for the employees
- any information available regarding which unions are involved and which are not participating
If a disqualification is applied, this decision remains for the duration of the dispute, or until the person's situation changes.
Before a decision can be made on a claim, the Deciding Officer in RSU Schemes Policy Section contacts the employer and the union to obtain a background to the dispute and to establish all the facts of the case. The Deciding Officer will notify the Intreo Centres of the decision on the claim submitted.
Strike Credits
Credited contributions are awarded to the person for the entire duration of the dispute.
Social Welfare Tribunal
The purpose of the Tribunal is to deal with cases where entitlement to Jobseeker's Benefit or Allowance is refused by a Deciding Officer due to an involvement in a trade dispute. A person may apply to the Tribunal for adjudication on his/her claim.
(See also separate guideline SOCIAL WELFARE TRIBUNAL)
Late Claims
A claim may be back-dated for a maximum of 6 months where the person can prove to the satisfaction of the Deciding Officer or Appeals Officer that s/he satisfied the qualifying conditions throughout the period and that there was good cause for delay in making the claim.
Circumstances which may constitute 'good cause' for a delay in making a claim are not defined in legislation and Deciding Officers must decide each individual case on its merits.
In all cases, without exception, the maximum period that a claim may be back-dated in this way is 6 months.
See also separate guideline "Claims and Late Claims" on Late Claims.
Duration of Payment
JA is payable for as long as the qualifying conditions are satisfied.
Rates Structure
Jobseeker's Allowance rates are made up of a personal rate and increases for a Qualified Adult, and Qualified Child.
A family rate less means applies from 26 September 2007. The family rate is based on a personal rate, a full qualified adult rate and full child dependant allowance rate less means. A disregard of €20.00 a day for each day worked by the claimant up to a maximum of 3 days each week applies (max. €60.00 a week).
SAVER CLAUSE September 2007
If the claimant was in receipt of a higher payment on the 26th September 2007 than he/she would be entitled to under the new assessment a saver should be applied. However, should the claimant sign off for more than 4 consecutive weeks the saver will no longer apply.
Special provisions apply to a claimant who breaks his/her claim in the period between 29 August 2007 and 24 October 2007. S/he may benefit from the saver even if s/he breaks his/her claim more than once or for more than 4 weeks within that period. The deciding factor here is whether s/he has entitlement in respect of at least a day in both the four weeks prior and the four weeks post 26 September.
Rates of payment are set out in the information booklet SW19.
In all cases where a payment is being made for a week or part of a week, the rate calculated is rounded to the nearest 10 cents.
Persons who are no longer entitled to Carer’s Allowance or One-Parent Family Payment and who immediately claim Jobseeker's Allowance do not have to serve waiting days on the JA claim. The eligibility condition for secondary benefits i.e. Fuel, Christmas Bonus etc. is examined in each case.
Maximum rate of Jobseeker’s Allowance that applies to customers aged 18 – 25 years (inclusive)
From 15th January 2014 the reduced Jobseeker’s Allowance rate of €100 per week applies to claimants aged 18 to 24 years, it applies to both new and existing claimants. For claimants aged 25 years the rate of €144 per week applies. Existing claimants (on 15th January 2014) aged 22- 24 years who were in receipt of €144 remain on that rate. Existing claimants (on 15th January 2014) aged 25 years who were in receipt of €188 remain on that rate.
Rates from 20th March 2019
| Maximum personal rate aged 26 or over | €203.00 |
| Increase for qualified adult | €134.00 |
| Maximum personal rate aged 25 | €157.80 |
| Increase for qualified adult | €134.70 |
| Maximum personal rate aged 18-24 | €112.70 |
| Increase for qualified adult | €112.70 |
Rate of Jobseeker’s Allowance that applied to customers aged 25
From week beginning 6th January 2020, the age-related payment rates will only apply to customers under 25 years. Customers aged 25 years are entitled to receive the maximum personal rate of Jobseeker’s Allowance.
Rates from week beginning 6th January 2020
Maximum personal rate aged 25 €203.00
Increase for qualified adult €134.70
Maximum personal rate aged 18-24 €112.70
Increase for qualified adult €112.70
Customer’s under 25 living independently:
A person aged between 18-24 years inclusive who is living independently and in receipt of State supports (Rent Supplement, Housing Assistance Payment (HAP) Rent Accommodation Scheme (RAS) and Local Authority Differential Rent) will receive the full-rate of Jobseeker’s Allowance.
Customer’s under 25 no longer living independently:
A person aged between 18 -24 years inclusive who returns to live in the family home after living independently will receive the appropriate age-related payment of Jobseeker’s Allowance, i.e. €112.70, until they reach 25 years.
The reduced rate does not apply in the following circumstances:
- if a claimant has a qualified child dependant
- if a claimant has a qualified adult and a qualified child dependant
- claimants who reached 22 to 25 years of age prior to 15th January 2014 and whose personal rate had already increased to €144/€188, as applicable
- persons transferring directly from Disability Allowance to Jobseeker’s Allowance
- if claim is linked to an earlier claim
- claimants who qualify for the Back to Education Allowance full-time second level course or post Leaving Cert course
- people aged 18 to 25 participating in a full-time SOLAS training course
- persons leaving HSE care - A reduced rate does not apply to persons between 18 and 25 years (from 1st January 2019) who were in the care of the HSE for any period during the 12 months before they reached 18 years
Ex-HSE customers and Budget 2019
From 1st January 2019, JA customers aged 25 who were in the care of the HSE at any time during the 12 months before they reached 18 years, are exempt from the JA reduced age-related rates.
Ex HSE customers and Budget 2014
From 15th January 2014 ex-HSE customers who claim JA will not be subject to a reduced JA rate if they are between 18 and 24 years (inclusive). However, when they reach 25 years they are subject to the reduced rate for persons aged 25 years.
An existing ex- HSE customer on 15th January 2014 (aged 25 years) who was in receipt of €188 (prior to Budget 2014) remained on that rate of Jobseeker’s Allowance.
Increases for a Qualified Adult and Qualified Child
Definition of Spouse/Civil Partner/Cohabitant
- married couples – the term ‘spouse’ refers to each person of a married couple
- civil partners - A ‘civil partner’ is defined as “each person of a couple who are civil partners within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010”. The term ‘civil partner’ only applies to a person who has registered their civil partnership
- ‘cohabitants’ refers to a couple who are living together (both the same or opposite sex). The term ‘cohabitant’ is defined in the social welfare code in accordance with Section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010, which states that “... a cohabitant is one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other”
See separate guidelines on "INCREASES"
Maximum Amount Payable to a Couple/Limitation of Payment to a Couple, where both qualify for a Means Assessed Payment
Note: Limitations do not apply to JA customers from the ages of 18-24 unless they qualify for the full personal rate.
A limitation is applied to the total amount a couple can receive where both are claiming a means-tested payment. Where both members of a couple are claiming any (or a combination) of the following:
- Jobseeker's Allowance (JA)
- Farm Assist (FA)
their combined payments cannot exceed the amount which would be payable if only one person made a claim. Where each qualify for a different rate of payment, the higher of the two amounts is the maximum amount which can be paid to the household. The couple will not necessarily receive this amount; it simply means that their combined payments cannot exceed this amount.
Each of the couple is entitled to be paid one-half of the amount (including any increases where appropriate) which would be payable to him or her if only one of them was being paid.
There are, therefore, two steps which should be followed to determine the actual entitlement of each member of the couple:
(1) establishing the maximum amount which can be paid to the couple, and
(2) establishing the amount to be paid to each person
Step 1
Establish the maximum amount which can be paid to the couple
This is done by calculating how much each would receive if only one of them made a claim. These may be different amounts, e.g. because of the way in which means are assessed or because only one of them may qualify for an increase in respect of a qualified adult or qualified child. Where this is the case, the higher of these two payments is the maximum amount which may be paid to the couple.
Note: In calculating the amount which would be paid to either of the couple if only one of them made a claim:
- an Increase (full or reduced) in respect of a Qualified Adult (IQA) should not be used unless the claimant would actually qualify for such an increase
- full-rate Increase for a Qualified Child (IQC) or ½-rate IQC should be used as appropriate to the individual circumstances
- full or ½ means should be assessed as appropriate to the individual circumstances
Step 2
Establish the amount to be paid to each of the couple when both make a claim (the combined total of which cannot exceed the maximum amount payable).
This is calculated by halving the amount which would be paid to each of them if they both had claims (as per Step 1). See examples below.
If each person qualifies for the same family rate of payment, each receives half that family rate.
Example 1
Both of the couple are claiming JA. They are both 26 years of age or over, and have no means assessed against them.
Rates from 20 March 2019
| JA Claim: Claimant 1 | JA Claim: Claimant 2 | |
| Personal rate | €203.00 | €203.00 |
| QA | €134.70 | €134.70 |
| Total | €337.70 | €337.70 |
In this case each receive half the family rate that applies to them, €168.85
(€337.70 divided by 2).
Example 2
One of the couple is 26 and qualifies for €203.00 on JA. The other person is 21 and qualifies for €112.70 on JA. They have no means assessed against them.
| JA Claim: Claimant 1 | JA Claim: Claimant 2 | |
| Personal rate | €203.00 | €112.70 |
No limitation applies. If they claim individually, each will receive the personal rate that applies to them.
It would be financially more beneficial for Claimant 1 (aged 26) to claim for the couple as the total that they would qualify for would be €337.70 (€203.00 + €134.70).
But if each were to claim separately the total that they would qualify for would be €315.70 (€203 + €112.70).
Maximum Amount Payable to a Couple and Limitation of Payment where one is in receipt of JA and the other is in receipt of one of the payments listed below
Where one member of a couple is claiming JA and the other is in receipt of one of the following payments:
- Illness Benefit
- Partial Capacity Benefit
- Disablement Pension (when paid with IB or Incapacity Supplement)
- Occupational Injury Benefit
- Invalidity Pension
- State Pension (non-contributory)
- State Pension (contributory)
- Jobseeker's Benefit
their combined payments cannot exceed the amount which would be payable if only one person made a claim. Where each would qualify for a different rate of payment, the higher of the two amounts is the maximum amount which can be paid to the household. The couple will not necessarily receive this amount; it simply means that their combined payments cannot exceed this amount.
Where the combined payments would exceed this maximum amount, the JA payment must be reduced by the amount of the excess (i.e. the JA payment is LIMITED to the difference between the MAXIMUM AMOUNT PAYABLE and the amount of the other payment).
There are, therefore, two steps which should be followed to determine the actual entitlement of each member of the couple:
- establishing the maximum amount which can be paid to the couple, and
- establishing the amount to be paid to each person.
Step 1: Establish the maximum amount which can be paid to the couple
This is done by calculating how much each would receive if only one of them made a claim. These may be different amounts e.g. because one qualifies for a standard rate of JB while the other only qualifies for a reduced rate of JA, or because only one qualifies for an increase in respect of a qualified adult or qualified child. Where this is the case, the higher of these two payments shall be the maximum amount which may be paid to the couple.
Note: In calculating the amount which would be paid to either of the couple if only one of them made a claim:
- an Increase (full or reduced) in respect of a Qualified Adult (IQA) should not be used unless the claimant would actually have an entitlement to such an increase
- full-rate Increase for a Qualified Child (IQC) or ½-rate IQC should be used as appropriate to the individual circumstances
- full or ½ means should be assessed as appropriate to the individual circumstances
Step 2: Establish the amount to be paid to each of the couple when both make a claim (the combined total of which cannot exceed the maximum amount payable)
Where each of the couple make a claim in their own right, no IQA is payable on either claim. If there are qualified children, neither can claim full-rate IQC, although both may qualify for half-rate IQC.
If their combined payments exceed the MAXIMUM AMOUNT PAYABLE to the couple, the JA payment must be reduced by the amount of the excess.
Example 1
One of the couple is claiming JA and has no means assessed against him/her.
The other person is claiming JB and is fully unemployed.
Rates from 20th March 2019
| JB Claimant | JA Claimant | |
| Personal rate | €203.00 | €203.00 |
| QA | €134.70 | €134.70 |
| Total | €337.70 | €337.70 |
The Maximum Amount Payable to the couple is €337.70. If each claimed separately, the JB customer would receive €203.00. As the maximum amount payable to the couple is €337.70, the JA Personal Rate must be reduced.
| JB Claimant | JA Claimant |
| €203.00 | €134.70 |
The means-tested payment must be reduced so that the Maximum Amount Payable to the couple is not exceeded.
€337.70 - €203.00 = €134.70. Therefore the JA (means-tested payment) must be reduced to €134.70.
JB claimant receives €203.00 and the JA claimant receives €134.70, a total of €337.70, which is the Maximum Amount Payable to the couple.
Example 2
One of the couple is claiming JA and has no means assessed against him/her.
The other person is claiming JB and is fully unemployed. JB claimant only qualifies for a reduced personal rate of JB.
Rates from 20th March 2019
| JB Claimant | JA Claimant | |
| Personal rate | €91.10 | €203.00 |
| QA | €87.20 | €134.70 |
| Total | €178.30 | €337.70 |
Maximum Amount Payable for the family is €337.70. If each claimed separately the JB customer would receive the following.
| JB Claimant | JA Claimant | |
| Personal rate | €91.10 | €203.00 |
€91.10 + €203.00 = €294.10
If the couple claim separately they will not receive the maximum amount payable. They will receive a total of €294.10. It is financially more beneficial if the JA claimant claims for the family.
Saver clause (Claims Pre-07 April 1999)
1.Where one of above limitations would apply, but the JA/PRETA claim is linked back to a claim made prior to 07 April 1999, (for an explanation of linked JA claims, please read the paragraph entitled "Continuous Periods of Unemployment (CPU) and Linking"), the maximum payment and limitation should be calculated using the following formulae:
Maximum Amount Payable to a Couple and Limitation of Payment to Each, where both are entitled to JA, PRETA, or FA
Where both members of a couple are claiming any (or a combination) of the following:
- Jobseeker's Allowance (JA)
- Farm Assist (FA)
- Pre-Retirement Allowance (PRETA)
each of the couple will be paid an amount of JA or PRETA which will equal one half of the amount that they would qualify for if they were claiming JA, or PRETA with their partner as their Qualified Adult.
It does not matter that the spouse/civil partner/cohabitant involved would not normally be admitted as a Qualified Adult. In establishing the limitation rate, the full personal rate plus the qualified adult increase plus full increase for a qualified child less full means are used (i.e. means are not halved as a qualified adult is deemed to be in payment).
Saver clause Continued (Claims Pre-07 April 1999)
JA Limitation Where Another SW Payment is made to Spouse/Civil Partner/Cohabitant
Where one member of a couple is claiming JA and the other is in receipt of one of the following payments:
- Illness Benefit
- Disablement Pension (when paid with IB or Incapacity Supplement)
- Occupational Injury Benefit
- Invalidity Pension
- State Pension (non-contributory)
- State Pension (contributory)
- Jobseeker's Benefit
the total amount payable to the household cannot exceed the amount which would be payable if the spouse/civil partner/cohabitant on assistance or benefit/pension claimed the other as an adult dependant, whichever is the higher.
Where both are claiming (each receive half-rate IQC) and the combined payments exceed the maximum payable, the amount of JA payable to the spouse/civil partner/cohabitant is reduced by the amount of the excess.
The limitation is established by calculating the greater amount which would be payable if one spouse/civil partner/cohabitant was claiming for the other.
The amount payable to each spouse/civil partner/cohabitant is then established and the amount which is payable on the Benefit/Pension is deducted from the limitation amount. The balance is the amount which is payable to the spouse/civil partner/cohabitant on JA (provided it is less than the JA Personal Rate plus half rate IQC less ½ means).
NOTE: This 'saver clause' applies even if the claim was not subject to a limitation prior to 7 April 1999.
Entitlement where a person or spouse/civil partner/cohabitant is on an Educational/Training Programme
(a) CLAIMANT on Course of Education/Training and Development (Part-time or Full-time)
JA is not payable where a person is in receipt of an allowance in respect of any full-time or part-time course of education, training or development (including a course run by SOLAS or Education and Training Boards). S/he does not continue to satisfy the conditions for receipt of an unemployment payment on the grounds that s/he is not considered to be available for full-time work.
Where the claimant is not in receipt of an allowance, the claim should be examined to determine if s/he qualifies for continued payment of JA under the Education, Training and Development (ET&D) option or the Part-Time Education Option (PTEO) - see Back to Education Guidelines for more details. (Payments received for expenses necessarily incurred, e.g. travel and meal expenses are disregarded for means purposes).
(b) Spouse/ Civil partner/ Cohabitant
Spouse/Civil Partner/Cohabitant on a SOLAS or Education and Training Boards Course
Where the spouse/civil partner/cohabitant of a JA claimant is in receipt of an allowance in respect of a SOLAS or Educational and Training Board course, s/he is not considered to be a qualified adult dependant. SOLAS/Education and Training Boards are responsible for paying the spouse/civil partner/cohabitant (and an increase for qualified children if applicable).
All training allowances received by the spouse/civil partner/cohabitant are disregarded in the assessment of means.
Spouse/Civil Partner/Cohabitant on other Training/Educational Courses
Where a spouse/civil partner/cohabitant is participating in a full-time or part-time course which is not administered by SOLAS or Educational and Training Boards, the full increase for a qualified adult (IQA) is payable.
All training allowances received by the spouse/civil partner/cohabitant are disregarded in the assessment of means.
NOTE 1: A Qualified Adult Increase (IQA/RIQA) is not payable where the spouse/civil partner/cohabitant is in receipt of a Social Welfare payment in his/her own right, e.g. Back to Education Allowance.
NOTE 2: Payments received by a spouse/civil partner/cohabitant in respect of expenses necessarily incurred in attending a course of education or training, e.g. travel and meal expenses, are disregarded when calculating total gross weekly income.
Payment for a Week of Unemployment
From 20th February 2013
JA is payable for a week of unemployment. A week of unemployment is a period of at least 4 days of unemployment in a designated period of 7 consecutive days. This `JA week' runs from Wednesday to Tuesday including Sundays.
To be paid JA for any week,
- there must be 4 days of unemployment in that week (i.e. the 4 in 7 rule), OR
- if there are two JA weeks in a row where the 4 in 7 rule is not satisfied, but there are 4 days of unemployment in 7 consecutive days, JA may be paid for the second week
Note: In such cases, the person has no entitlement to JA for the 1st week. This does not apply in the exceptional circumstances where JA is paid in respect of days of unemployment - see below.
Example: The week runs from Wednesday to Tuesday (Sundays are included). This is an example of a person's signing pattern over a consecutive 6 week period. The person will receive payment for the weeks indicated as weeks of unemployment.
Example From 20th February 2013
| W | T | F | S | S | M | T | ||
| Week 1 | X | X | X | X | O | O | O | A week of unemployment |
| Week 2 | O | O | O | O | X | X | X | Not a week of unemployment |
| Week 3 | X | O | O | O | O | O | O | A week of unemployment |
| Week 4 | O | X | X | O | O | X | X | A week of unemployment |
| Week 5 | X | O | O | O | O | X | X | Not a week of unemployment |
| Week 6 | O | O | O | X | X | O | O | A week of unemployment |
X' = day of unemployment
'O' = day of employment
Prior to 20th February 2013
JA was payable for a week of unemployment. A week of unemployment is a period of at least 3 days of unemployment in a designated period of 6 consecutive days. This `JA week' ran from Wednesday to Tuesday (excluding Sundays).
To be paid JA for any week,
- there must have been 3 days of unemployment in that week (i.e. the 3 in 6 rule), OR
- if there were two JA weeks in a row where the 3 in 6 rule is not satisfied, but there was 3 days of unemployment in 6 consecutive days, JA may be paid for the second week
Note: In such cases, the person has no entitlement to JA for the 1st week. This does not apply in the exceptional circumstances where JA is paid in respect of days of unemployment - see below.
Example: The week ran from Wednesday to Tuesday (Sundays were excluded). This is an example of a person's signing pattern over a consecutive 6 week period. The person will receive payment for the weeks indicated as weeks of unemployment.
Example Prior to 20th February 2013
| W | T | F | S | S | M | T | ||
| Week 1 | X | X | X | O | O | O | A week of unemployment | |
| Week 2 | O | O | O | O | X | X | Not a week of unemployment | |
| Week 3 | X | O | O | O | O | O | A week of unemployment | |
| Week 4 | O | X | X | O | O | X | A week of unemployment | |
| Week 5 | X | O | O | O | O | X | Not a week of unemployment | |
| Week 6 | O | O | O | X | X | O | A week of unemployment |
`X' = day of unemployment
'O' = day of employment
Payment for Days of Unemployment – Special Circumstances
In the following specified circumstances JA will be payable for days of unemployment, instead of a week.
Where the first 3 days of unemployment are "waiting days" (see below) JA will be paid for the remaining days of unemployment in the JA week.
Where a person is disqualified for part of a JA week, JA may be paid for any remaining days of unemployment in that week. This includes cases where a person transfers from Jobseeker's Benefit after 234 days (previously 312 days on JB) and makes a claim for JA.
Where a person makes a repeat claim mid-week, JA may be paid for the days of unemployment in that week. (A repeat claim is a linked claim where waiting days are not served - see below).
Where a person returns to work mid-week the remaining days of unemployment are payable.
The following are examples of repeat claims:
- a person is employed for 4 or more consecutive days and makes a repeat claim when that employment ends, or
- an the case of a person who is normally a part-time or casual worker a repeat claim is taken after twelve weeks full-time work
(Where a casual/part-time claimant works 4 or more days per week for a period of less than 4 weeks, s/he should be paid on a weekly basis from the week on which s/he again satisfies the 4 in 7 rule.)
Continuous Periods of Unemployment (CPU) and Linking
The duration of a person's JA claim is recorded in terms of days of unemployment. This cumulative total (CT) is the total number of days of unemployment paid on JA in one continuous period of unemployment.
JA claims are made up of continuous periods of unemployment (CPU). These are periods of at least 4 days of unemployment, whether consecutive or not, within a period of seven consecutive days. Any two such periods not separated by more than 52 weeks shall be considered the same continuous period of unemployment - this is known as linking the claims. Where two claims are linked the cumulative total number of days is carried from the first claim to the second.
Waiting Days
A person is not entitled to JA for the first 3 days of a separate CPU. These 3 days are called waiting days.
Waiting days are not applied where a person:
- makes a repeat claim for JA within 52 weeks of a previous JA claim
- exhausts his/her entitlement to JB and subsequently claims JA (within a 52 week period)
- reaches 65 and does not satisfy the qualifying conditions for receipt of "Extended JB" i.e. Jobseeker's Benefit payable up to and including 66th birthday
Periods of Disregard for Linking Purposes
Any periods spent on the following schemes are disregarded when determining the break between two JA claims. E.g. a person may go to a SOLAS training scheme from JA for a period (no matter how long) and may resume their JA as if s/he had never been away. In these cases no waiting days are served and the CT is continued from the previous claim. The following activities are disregarded when linking two JA claims:
These courses are
- CE (formally SES, Enterprise Allowance and Teamwork)
- Alternance Scheme
- SOLAS training
- European Voluntary Service Initiative
- Part-Time Job Incentive Scheme
- VTOS
- Prescribed Scheme or course
Community Employment is a Department of Social Protection funded Programme that benefits both the Community and the participants. The projects are involved in areas such as Arts, Community Recreation, Environmental, Community Advice and Support, Schools, Tourism, Health and Welfare Services. It provides valuable part-time work opportunities and training/development options and assists a person into a job and/or further education and training.
Alternance/Return to Work Courses
These courses, which are run by SOLAS (formerly FÁS), are for people who have been out of the work place for a long time - e.g. women who have spent the last number of years working in the home. The courses concentrate on personal development and skills training.
SOLAS Training
SOLAS is responsible for the funding, planning and co-ordinating the of a wide range of training and further education programmes in Ireland.
Education and Training Boards (ETBs) are responsible for the delivery of Further Education and Training programmes.
European Voluntary Service Initiative
The European Commission and its partners in the Member States have successfully collected a large number of hosting projects willing to receive young volunteers. The action is open to all young people aged 18-25 years. Young volunteers will have the opportunity to spend between 6-12 months getting to know another country, another culture and another language, by taking part in a project which contributes to the well-being of a local community. Volunteers will be able to broaden their horizons and improve their chances of starting out in life.
Part-Time Job Incentive Scheme
See separate guideline PART-TIME JOB INCENTIVE SCHEME
VTOS courses
Secondary Benefits
National Fuel Scheme
A National Fuel Allowance (NFA) is payable for the duration of the fuel season to JA persons who satisfy the following conditions. The person must:
- be in receipt of long-term rate of Jobseeker's Allowance
- live alone or only with a dependent spouse/civil partner/cohabitant who is in receipt of a qualifying payment in their own right or a qualified adult on the claimant’s claim or child(ren) (child up to 18 years, or until age 22 if in full-time education) or with another eligible recipient
AND
must not have
- access to his/her own turf (except where s/he has a turf bank and can show that the cost of saving the turf was in excess of £130 (€165.07) for the period from mid-October to mid-April)
- heating supplied at low cost by a Local Authority
- Payment of the National Fuel Allowance is limited to one per household
Carer's Allowance
From 27 September 2007 a person who is claiming a Social Welfare Payment (other than Carer's Allowance or Carer's Benefit) or being claimed for as a Qualified Adult and who is providing full time care to another person may now apply for Carer's Allowance and retain their current payment in full. If they satisfy the conditions for Carer's Allowance it will be awarded at 50% of the personal rate they would qualify for if they were not in receipt of any other payment. They may also be eligible for Household Benefits and a Free Travel Pass.
- a person may not receive Jobseeker's Benefit/Allowance, Back to Work Allowance or Family Income Supplement and half-rate Carer's Allowance but they may be a qualified adult on these payments and receive half-rate Carer's Allowance
See "Carer's Allowance" guideline for more information.
Overlapping Provisions
Personal rate JA or an Increase for Qualified Adult is not payable to (or in respect of) a person at the same time as most other social welfare payments. (See separate guideline "Overlapping Payments" for full details)
For example, Working Family Payment (WFP) is not payable with:
- Jobseeker's Benefit
- Jobseeker's Allowance
in respect of the same person for the same period.
A person who is in receipt of WFP may not be claimed as a Qualified Adult on their spouse/civil partner/cohabitant's JA claim.
Option of Claiming Jobseeker's Allowance (JA) instead of Jobseeker's Benefit (JB)
Where a person is entitled to Jobseeker's Benefit (JB) s/he may choose to claim Jobseeker's Allowance (JA) instead provided s/he satisfies the JA means test. This is referred to as 'Optional JA'.
JB may be paid while awaiting a decision on JA entitlement. When the Optional JA claim is decided, payment of JA may be authorised from the date of application. In such cases, payment will be adjusted to offset the amount of JB paid on account of Optional JA. The decision to opt for JA in lieu of JB may be made at any time during the JB claim.
Cumulative Total of days claimed
Any day in respect of which a person receives JA while entitled to JB shall be treated as though it were a day in respect of which JB was paid [Section 67 (8) of the Social Welfare (Consolidation) Act, 2005]. This means that each day in respect of which Optional JA is paid counts as a day towards a claimant's entitlement to 234 days (was 312 days) JB. JB entitlement is thus exhausted when the claimant has been paid Optional JA for 234 days (was 312 days). To re-qualify for JB a claimant will require 13 paid contributions from the 157th day of the JB claim.
Reverting back to JB
The claimant may revert back from JA to JB at any time during the optional period, i.e. until 234 days (was 312 days) are exhausted. There is no limit on the number of times a person may avail of this option during the course of a JB claim.
Exceptions to the Overlapping Rules
There are a number of exceptions to the overlapping provisions in relation to JA, including:
Disablement Benefit/Pension
JA may be paid to a person, or in respect of a person who is in receipt of Disablement Benefit/Pension at the same time, but
- where an increase on account of unemployability is paid with the Disablement Pension, JA is not payable at the same time
- where an increase in respect of a constant attendance allowance is paid with the Disablement Pension, JA is not payable at the same time
Guardian's Payment
JA may be paid to, or in respect of, a person in receipt of a Guardian's Payment (Contributory or Non-contributory, including Death Benefit by way of Guardian's Payment), except where the person who is in receipt of the Guardian's Payment (i.e. the guardian) is, at the same time, also in receipt of either
- Blind Pension
- Death Benefit by way of widows pension, widower's pension or parent's pension
- Survivor's Pension
- Deserted Wife's Benefit
- Widow's (non-contributory) Pension
- One Parent Family Payment
JA and Back To Work Allowance (BTWA)
Where a person claims JA and states that his/her spouse/civil partner/cohabitant is in receipt of BTWA
- the BTWA of the spouse/civil partner/cohabitant is reduced from 75% of the couple’s rate to 75% of the personal rate plus half-rate increase for Qualified Child (if applicable)
- the claimant will be assessed with means on the basis of their spouse/civil partner/cohabitant's earnings on BTWA
Where both of a couple are in receipt of JA/JB and one claims BTWA
- the person on the BTWA will get 75% of the personal rate plus half-rate increase for Qualified Child (if applicable)
- the other spouse/civil partner/cohabitant on JA is entitled to the personal rate of JA plus half-rate increase for Qualified Child (if applicable)
Where a son/daughter of a person on BTWA claims JA
In these cases, the value of free board and lodgings is assessed as means by reference to the earned parental income; account is taken of the BTWA payments to the parent.
EEA/EU Regulations
There are agreements concerning JB entitlement among the following European countries:
| Austria | Liechtenstein | Belgium |
| Lithuania | Bulgaria | Luxembourg |
| Croatia | Malta | Cyprus |
| Norway | Czech Republic | Poland |
| Denmark | Portugal | Estonia |
| Romania | Finland | Slovakia |
| France | Slovenia | Germany |
| Spain | Greece | Sweden |
| Hungary | Switzerland | Iceland |
| The Netherlands | Ireland | United Kingdom |
| Italy | Latvia |
The EU regulations that apply to the countries listed above are 883/2004 and 987/2009.
The areas of the UK that are not members of the EU are not covered by EU regulations i.e. Isle of Man and the Channel Islands. These are covered by the Ireland UK Bilateral Agreement.
Romania and Bulgaria joined the European Union on 1 January 2007.
These agreements are contained in EEA/EU regulation 883/2004 . For a JB claim to be covered by these regulations the claimant must be a national of one of the above countries or a stateless person (refugee) who is permanently resident in one of the above countries. There are 3 main articles in regulation 883/2004 that refer to JB, article 6, 64 and 65 . (See JB guideline for details)
Special Category - JA Pending Action Under Article 6
If there is likely to be an undue delay in the processing of the JB claim awaiting EU record in another EU country, the person should be advised to claim JA pending a decision on his/her JB claim.
This JA claim is subject to all the normal conditions for receipt of JA. When the person's JB entitlement is subsequently established, any JA paid should be treated as paid on account of JB.
If the person's entitlement to JB is lower than the JA entitlement s/he may continue to receive JA in lieu of JB. In such cases, the JA is treated as paid on account of JB, and that JB is recovered from the person's home country.
Claims
A person makes a claim to JA by completing the claim form UP 1 at the nearest or most convenient Intreo Centre/Branch Office . The form must be signed by the person in verification of the contents or, if unable to sign, his/her mark must be made.
A person must provide the following information when completing the form UP1:
- his/her own personal details and those in respect of spouse/civil partner/cohabitant
- details of availability/work efforts
- details of spouse/civil partner/cohabitant’s income in order to determine if a Qualified Adult *Dependant Increase would be payable
- Qualified Children details
Repeat Claims
A person who is employed for 4 or more consecutive days and becomes unemployed, may make a repeat claim for JA when that employment ends.
Where a person re-applies for JA within 52 weeks of a previous JA claim, s/he is entitled to receive the same rate of JA that was previously in payment subject to any change of circumstances and budgetary increases.
These are termed as repeat claims.
Proof of Identity
A person claiming JA must prove his/her identity by showing the following documentation:
Public Services Card (PSC) if issued. The issuing of the PSC is being rolled out nationally.
OR
Photographic identification - Current Valid Passport
Alternatively a Current Valid National Identity Card is acceptable for EEA Nationals
OR
Current Valid Driver's Licence or Current Learners Permit and Standard Birth Certificate (not photocopy)
The following items are not accepted as proof of identity:
- Short Version of Birth Certificate
- Baptismal Certificate
- Bills or Personal Letters
- Photo Copies of Certificates or Documents
- Savings Accounts recently opened
Persons are advised that no claim can be decided until identity has been proven.
Public Services Card (PSC) - Legislative Requirements for identity authentication
A claimant who fails or refuses to engage with the authentication of his or her identity e.g attend appointments, supply the relevant documents etc. may be disqualified from receipt of payment (Section 241 (1) (for new and repeat claims) and Section 247C(2) (for existing claims) of the Social Welfare Consolidation Act 2005, as amended).
Proof of address
When a person makes a claim, the address given by the claimant is accepted and there is no requirement to provide further documentary evidence. This applies to claimants at Safe Level 2 and those not at Safe Level 2.
However, if there is a reasonable doubt in a Deciding Officer’s mind, they should request that the claimant produces evidence of address. This could arise because of the claimant’s history with the Department, any unusual address changes or any overpayments resulting from address changes etc.
In any case where it is necessary to seek evidence of a claimant's address, acceptable documents include, but are not limited to, the following:
- Recent bills from utility companies e.g. Electricity, Telephone (Landline or Mobile), Gas, Cable Television, Waste Charges etc.
- Recent statements/correspondence from Banks, Building Societies, Credit Unions, Credit *Card Companies or other financial institutions
- Recent letters addressed to the claimant from Insurance Companies, Local Authorities, *Government Departments or the Revenue Commissioners
- Local Authority Rent book, Mortgage or leasing agreement
- Any other form of evidence considered by the Deciding Officer to be appropriate in the particular circumstances
Note: a recent document is one issued within the preceding 2 months.
If a claimant cannot supply any of the above documents, it will be sufficient for them to provide utility bills in the name of the parent, spouse/civil partner/cohabitant.
If necessary, a means review should be carried out if the Deciding Officer feels that the circumstances merit it. The reason for the review should be clearly recorded.
Documentation
The onus is on the claimant to prove entitlement to JA and to produce any evidence reasonably required. Where JA is already in payment, the person is obliged to produce any supplementary information required (e.g. to prove continuing entitlement) and to notify any change of circumstances (e.g. spouse/civil partner/cohabitant becoming employed).
Investigation of Claims
Where the person's last employment has terminated within 9 weeks of the date of claim, a form UP20 should issue to the employer to confirm the dates of employment and to establish the reason why the employment terminated. Follow-up action may be needed in some cases e.g. contacting an employer who has not completed the form UP20, or querying information furnished.
The means condition is investigated by reference to the documentation supplied by the person, and where considered necessary further enquiries are made by a Social Welfare Inspector (SWI). The report by the SWI is sent to the Deciding Officer who determines the level of the person's means based on all of the evidence available.
Cases where Means are Decided by the Deciding Officer
The completed application form UP1 is checked to establish if the claimant's source of means are derived from one of the following categories:
- Parents/Spouse/Civil Partner/Cohabitant on a Social Welfare payment
- Parents/Spouse/Civil Partner/Cohabitant in employment
excluding self-employment.
Parents/Spouse/Civil Partner/Cohabitant on SW Payment
Where the parents/spouse/civil partner/cohabitant of a claimant are in receipt of a Social Welfare payment and there are no other means, a decision may be made by a Deciding Officer without referring the application to a SWI for investigation.
Parents/Spouse /Civil Partner/Cohabitant in Employment
Where the parents/spouse/civil partner/cohabitant of a claimant are in employment, the means may be decided without referral to the SWI. This applies at the fresh and repeat claim stage or in the event of an adult dependant claiming a Social Welfare payment or taking up employment with a resulting review of the claimant's means.
Confirmation of earnings are requested from the claimant i.e. parents' or spouse/civil partner/cohabitant's payslip(s) plus other documentation such as Bank or Post Office deposit book(s) personal to the claimant. A means decision is applied by the Deciding Officer on the basis of the information supplied by the claimant.
See MEANS ASSESSMENT Guidelines re self/employment
Payment of SWA Pending Determination of Entitlement
A person whose means are insufficient to meet his/her needs, or the needs of dependants, may be entitled to payment under the Supplementary Welfare Allowance (SWA) scheme. Substitute or interim payments are not paid automatically. Such payments are only awarded where a person has no means to meet their immediate needs pending payment from another source, for example, where they are awaiting determination of an application for a Social Welfare or Health Service Executive (HSE) payment. Any interim payment, which is awarded pending the determination or payment of a Social Welfare or HSE payment, is fully recoverable from the arrears once the other payment is awarded.
Decisions
Decisions regarding a person's entitlement to JA are, in all cases, made by a Deciding Officer. Details of the means assessed and of the rate awarded are advised to the claimant.
With regard to an application for Jobseeker's Allowance, the principles of Natural Justice require that a person must be informed of any statement or allegation affecting the claim of which s/he was not aware and upon which a suspension of payment or unfavourable decision may be based. This provides the person with an opportunity to refute or comment before the case is referred for formal decision. A person is entitled to know the source of any evidence adverse to his/her case. The Natural Justice provisions pertain to fresh and repeat claims as well as to claim reviews.
Each decision by a Deciding Officer is made on the particular merits of the case, having regard to its individual circumstances. A Deciding Officer exercises discretion and applies flexibility where provided for and appropriate.
A Deciding Officer may, at any time, revise any decision of a Deciding Officer or an Appeals Officer if it appears to him/her that there has been any relevant change of circumstances or of new facts which have been brought to notice since the original decision was made.
Disallowances
Where a claim is disallowed or payment is disqualified, the person is notified in writing of the decision on a form which gives the reason for the disallowance/disqualification.
Appeals
If a person is dissatisfied with any decision made by a Deciding Officer with regard to their entitlement to JA, s/he may appeal that decision to an Appeals Officer.
Concurrent Working and Signing Cases
Complaints of concurrent working and signing by Jobseeker's Allowance applicants are dealt with in two ways. Those relating clearly to self-employment are referred via the Intreo Centres/Branch Offices, to Social Welfare Inspectors for a review of means. All others relating to concurrent working under a contract of service are referred to Special Investigation Unit (SIU) Section.
All complaints whether received at Intreo Centre/Branch Office level or directly by SIU, are checked to confirm the subject of the complaint is or was claiming during the relevant period.
Following the investigation by a Social Welfare Inspector, a report detailing the investigation is returned to the Intreo Centre specifying the days on which the person allegedly worked and in respect of which he/she should be disallowed. The report will also contain the employer's response and record of days worked. The person has the right to appeal his/her case to an Appeals Officer, following receipt of notification of a disallowance on Jobseeker's Allowance.
Recommendations as to whether a person should be prosecuted are made by a Social Welfare Inspector or Area Manager. Where a Deciding Officer imposes a disallowance in a fraud case which contains a recommendation for prosecution, s/he refers the file to Central Prosecutions Section.
Overlaps of Weeks of Insurable Employment and Credits
There are cases where the number of weeks employment and the number of credits which are recorded from weeks of unemployment exceed 52. This will indicate that the person was concurrently working and signing. These cases are also referred to a Social Welfare Inspector (SWI) for investigation.
Natural Justice requires that the person understands the procedure that is taking place, that his/her entitlement is under review, the evidence on which the revised decision is based, and is given the opportunity to comment on any evidence not personally supplied and have their reply recorded.
Methods of Payment
JA is paid weekly in arrears by way of Electronic Information Transfer (EIT) and collected in a post office, by cheque or by Electronic Fund Transfer (EFT) directly into the person's bank account.
See separate guideline on PAYMENT METHODS
Decisions on the choice of payment method are administrative. Most payments are made by EIT. Payment may be made by cheque in special circumstances e.g. if it is a more suitable payment method for the person and the facility is available.
Casual workers are paid by EFT/cheque.
Maintenance
Stop dates are inserted in the computer system for appropriate dates e.g. person reaches pension age, or a dependent child reaches 18 or 22 years of age.
If a cheque payment is lost or is not received by the person, s/he is required to complete a statement to that effect. A replacement payment will follow on foot of this. An agreement is also signed by the person in these cases that, should an overpayment of JA occur as a result of two payments being cashed by him/her in respect of the same period, the overpayment will be recovered at the earliest possible opportunity.
Signing Arrangements
It is for the Intreo Centre to decide how often the person must sign a declaration of unemployment, where and at what times. A person may be disallowed for failure to sign on.
Persons who receive payment by way of Postdraft are reminded of their signing day on their post office receipt.
Where a person fails to sign on his/her signing day and has still failed to sign by the end of the following day, payment is suspended. If the person contacts the Branch Office or Intreo Centre s/he is questioned as to why s/he didn't attend on the appointed day.
Where a Deciding Officer is satisfied that the person still satisfies the statutory conditions for Jobseeker's Allowance, the payment suspension is removed and payment will issue. If there is any change in the payment amount, the unemployment pattern is amended before the payment issues.
Regular failure to attend on the appointed signing day may result in loss of payment.
Certification
Evidence of efforts to find work must be submitted by the person to the Deciding Officer when requested. Such evidence would include responses to job applications, results of interviews, and a list of employers that have been contacted regarding employment.
People who are working part of the week and claiming JA for the days that they are unemployed are required to submit weekly dockets certified by their employers stating the days that they were employed in a specified 7 day period.
Review
A person’s entitlement to JA is reviewed on a continuing basis to ensure that s/he continues to satisfy the conditions of entitlement. (See paragraphs above in relation to the Availability and GSW conditions).
A review may be carried out where doubt arises about the fulfilment of any of the conditions: e.g. failure on the part of a person to produce sufficient evidence of genuinely seeking work, failure to prove unemployment in the prescribed manner, refusal or failure to attend activation meetings, refusal or failure to participate in prescribed schemes, programmes or courses.
The means of the person may be reviewed from time to time at the discretion of management, having regard to current work priorities and resources. The person may him/herself request a review of his or her means at any time.
Suspension
Where it appears that a question has arisen or may arise as to whether the conditions for receipt of JA are or were fulfilled, or whether a decision should be revised, payment of JA may be suspended in whole or in part until the question has been decided. This question could arise, for instance, pending investigation of a refusal by a person of an offer of suitable employment.
Credits
A credit is awarded for every 6 days of declared unemployment in a contribution year, whether these days are consecutive or not. However, days of unemployment in a contribution week in which a PRSI contribution is paid cannot be used for this purpose.
Week on/week off
Persons who work week on/week off may receive a credit for each week of proved unemployment regardless of the contribution week. Where a person was on week on/week off during the GCY, the DO should ensure that the correct number of credits have been awarded.
(See also separate guideline on [external-link Credits Award | CREDITS AWARD ]
Not everyone who is entitled to JA will qualify for credits. Each case is examined by a Deciding Officer to determine whether the contribution conditions are fulfilled.
Schedule of forms used for JA decisions
Current List
Please consult the RSU Forms section on the Regional Support Unit site for current JA forms used in Intreo Centres and Branch Offices. Only the current versions listed are to be used, all other versions are obsolete and therefore should not be used.
AGE
Over 18 years?
Under 66 years?
ID verified?
Unemployed?
Shift Work
Holiday Pay
Subsidiary Occupation/Employment
Statutory conditions met for receipt of JA?
Habitually resident?
Means test satisfied
Available
Capable
GSW
Proved unemployment in prescribed manner
4 in 7 rule satisfied
Disqualification?
Voluntarily left employment
Misconduct
Absent from State
Trade dispute
C.E., R.S.S.
Refusal of employment
Rate payable
IQA (income of Qualified Adult )?
IQC (qualified child, normal residence)?
Full / half rate IQC?
Claim linked?
Waiting days?
Reduced by disqualification period?
