Social Welfare (Consolidation) Act, 1993

CHAPTER 3

Pre-Retirement Allowance

Entitlement to allowance.

[1988, s. 28(1)(b); 1993, s. 38(2); S.I. No. 76 of 1990 , As. 5, 6]

127.—(1) Subject to this Act an allowance (in this Chapter referred to as “pre-retirement allowance”) shall, subject to regulations, be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) who has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days for any continuous period of unemployment in the immediately preceding period as construed in accordance with section 120(3),

(c) whose weekly means, subject to subsection (2), calculated in accordance with the Rules contained in Part I of the Third Schedule do not exceed the amount of pre-retirement allowance set out in column (2) in Part I of the Fourth Schedule , increased by so much of the amount set out in the said Part as would be payable to him if he had an adult or child dependant.

[1988, s. 28(1)(b); S.I. No. 76 of 1990 , As. 5, 6]

(2) Where the spouse of a claimant for pre-retirement allowance is not his adult dependant, the means of the claimant shall be taken to be one-half the means calculated in accordance with the Rules contained in Part I of the Third Schedule .