S.I. No. 651/2018 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Subsidiary Employment) Regulations 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2019.

I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social Protection (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 366 of 2017 )) and 62(9) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Subsidiary Employment) Regulations 2018.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2018 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2018.

Days not to be treated as days of unemployment

2. Article 44(1) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) is amended in subparagraph (b)(i) by the substitution of the following clause for clause (I):

“(I) the total remuneration or profit from any days of such occupation does not exceed €7,500 on an annual basis, or, €144 on a weekly basis, or”.

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GIVEN under my Official Seal,

21 December 2018.

REGINA DOHERTY,

Minister for Employment Affairs and Social Protection.

EXPLANATORY NOTE

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

Section 62 (9) of the Social Welfare Consolidation Act 2005 allows that Regulations may make provision as to the days which are or are not to be treated for the purposes of jobseeker’s benefit as days of unemployment.

These Regulations amend the current earnings limit of €12.70 per day for those with employment deemed to be subsidiary, allowing it to be averaged on a weekly or annual basis and to increase the rate allowed to €7,500 on an annual basis or €144 on a weekly basis.