Social Welfare Consolidation Act 2005

Duration of payment.

[1993 s46(1); 2003 s11(1)(a)]

67.—(1) A person who, in respect of any period of interruption of employment, has been entitled to unemployment benefit for 156 days shall not thereafter, subject to subsection (3) or (4), be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he or she has requalified for benefit or unless, in the case of a person over 65 years of age, he or she has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which unemployment benefit is claimed.

[1993 s46(2)]

(2) Where a person entitled to unemployment benefit for 156 days has exhausted his or her right to unemployment benefit—

(a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to that benefit, and

(b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person, but, in a case where the period of interruption of employment in which the person exhausted his or her right to that benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.

[1993 s46(3); 2003 s11(1)(b)]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of not less than 260 contribution weeks, have effect as if “390 days” were substituted for “156 days”.

[2003 s11(1)(b)]

(4) Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of less than 260 contribution weeks, have effect as if “312 days” were substituted for “156 days”.

[1993 s46(4); 2003 s11(1)]

(5) Where a person entitled to unemployment benefit for 312 days or 390 days has exhausted his or her right to that benefit—

(a) the person shall requalify for that benefit when he or she has qualifying contributions (other than optional contributions) in respect of 13 contribution weeks begun or ended since the 156th day for which he or she was entitled to that benefit, and

(b) on his or her requalifying for that benefit, subsections (1), (3) and (4) as the case may be, shall again apply to him or her, but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.

[1993 (No.2) s8(c)]

(6) Notwithstanding this Chapter, in the case of a person who satisfies the contribution conditions contained in section 64 by virtue of having paid optional contributions—

(a) where he or she has been entitled to unemployment benefit for 78 days in any benefit year he or she shall not thereafter be entitled to that benefit in respect of any day of unemployment in that benefit year, and

(b) the first day of unemployment in any benefit year shall be treated as the beginning of a separate period of interruption of employment.

[1993 s46(5)]

(7) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where the person would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1993 s46(6); 1996 s22(4)]

(8) For the purpose of this section, where a person receives unemployment assistance in respect of any week of unemployment, within the meaning of section 141 (3), which includes any day in respect of which that person is entitled to unemployment benefit, any day of unemployment in that week shall be treated as though it were a day in respect of which unemployment benefit was paid.

[1993 s46(7)]

(9) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of section 68 (6) shall be treated as though it were a period in respect of which unemployment benefit was paid.