Social Welfare Consolidation Act 2005

Conditions for receipt.

[1993 s43(1); 2005 (SW&P) s11(e)]

64.—(1) The contribution conditions for unemployment benefit are that the claimant—

(a) has qualifying contributions in respect of not less than 52 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed,

(b)  (i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or

(ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,

and

(c) has—

(i) prescribed reckonable weekly earnings, or

(ii) in the case of a person who qualifies for unemployment benefit by virtue of having paid optional contributions, prescribed reckonable weekly income,

in excess of a prescribed amount in the prescribed period.

[1993 s43(2); 2005 (SW&P) s26 & Sch 4]

(2) In the case of any claim for unemployment benefit where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “52”.

[2003 s9(3)(b)]

(3) In the case of any claim for unemployment benefit where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004 subsection (1)(a) shall be read as if “39” were substituted for “52”.

[1993 s43(3)]

(4) Where a person under 65 years of age has been entitled to payment of unemployment benefit in respect of any day or would but for section 62 (4), 68(1) or 68(6) have been so entitled then, in relation to unemployment benefit, the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1)(b)(i) or (ii), be regarded as continuing so long as the period of interruption of employment continues.

[1993 s43(4)]

(5) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

[1993 s43(5)]

(6) Subject to subsection (7), regulations may provide for entitling to unemployment benefit persons who would be entitled to that benefit but for the fact that the condition in subsection (1)(c) is not satisfied.

[1993 s43(6)]

(7) Regulations for the purposes of subsection (6) shall provide that benefit payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the condition in subsection (1)(c) is satisfied.

[1993 (No. 2) s13; 1999 s24(2)]

(8) The condition in subsection (1)(c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for unemployment benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.