Social Welfare (Consolidation) Act, 1993

Duration of payment.

[1985 (No. 2), s. 6(a)]

46.—(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), 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 has requalified for benefit or unless, in the case of a person over 65 years of age, he has qualifying contributions in respect of not less than 156 contribution weeks in the period between his entry into insurance and the day for which unemployment benefit is claimed.

[1981, s. 34(2)]

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

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

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

[1985 (No. 2), s. 6(b)]

(3) Subsection (1) shall, in respect of a person who is over the age of 18 years, have effect as if “390 days” were substituted for “156 days”.

[1981, s. 34(4); 1991, s. 49(1)]

(4) Where a person entitled to unemployment benefit for 390 days has exhausted his right to that benefit—

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

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

[1981, s. 34(9)]

(5) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim:

Provided that a person shall not be so treated where he shows that he 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.

[1989, s. 14(2)]

(6) For the purposes of this section, any day in respect of which a person receives unemployment assistance while he is entitled to unemployment benefit shall be treated as though it were a day in respect of which unemployment benefit was paid.

[1992, s. 31(1)]

(7) For the purposes of this section, any period in respect of which a person is disqualified for receiving unemployment benefit by virtue of subsection (4) of section 47 shall be treated as though it were a period in respect of which unemployment benefit was paid.

[1991, s. 49(2)]

(8) Where, in any period of interruption of employment, a person was in receipt of unemployment benefit on the 11th day of April, 1991 for more than 155 days, subsection (4)(a) shall be construed as if a reference to “since the 156th day for which he was entitled to that benefit” was substituted for the reference to “since the last day for which he was entitled to that benefit”.