Social Welfare Consolidation Act 2005

Chapter 3

Pre-Retirement Allowance

Entitlement to allowance.

[1998 s18]

149.—(1) Subject to this Act, an allowance (in this Chapter referred to as “pre-retirement allowance”) shall 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) whose weekly means, subject to subsection (4), do not exceed the amount of pre-retirement allowance (including any increases of that allowance) that would be payable to the person under this Chapter if that person had no means, and

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

(ii) being a separated spouse, has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or

(iii) immediately before the week in respect of which pre-retirement allowance is claimed, was in receipt of—

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

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

[1998 s18]

(2) (a) For the purposes of subsection (1)(c)(ii) and subject to section 3 (10) a person who is separated from his or her spouse, shall continue to be regarded as a separated spouse where the marriage has been dissolved, being a dissolution that is recognised as valid in the State.

(b) Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whom subsection (1)(c)(ii) applies, unless that person remarries or cohabits as husband and wife, in which case the allowance shall cease.

[1998 s18; 2005 (SW&P) s25 & Sch 3]

(3) (a) In this Chapter “weekly means” shall, subject to paragraph (b) and Rule 1(1) or (7) as the case may be of Part 2 of Schedule 3, be the yearly means divided by 52 and means shall be calculated in accordance with the Rules contained in Part 2 of Schedule 3.

(b) The amount calculated in accordance with paragraph (a) shall be rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

[1998 s18]

(4) Where the spouse of a claimant for pre-retirement allowance is not the claimant's qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297 , the means of the claimant shall be taken to be one-half of the means.

[2002 (MP) s6(2)]

(5) For the purposes of subsection (6), any 2 periods of retirement not separated by more than 52 weeks shall be treated as one continuous period of retirement.

[2002 (MP) s6(2)]

(6) Subsection (1)(c) shall not apply in the case of a claim to pre-retirement allowance made by a person in respect of a period of retirement which is a continuous period of retirement as read in accordance with subsection (5).