Social Welfare (Consolidation) Act, 1993

Entitlement to benefit.

[1992, s. 34(1)(a),(5); 1993, s. 38(2)]

79.—(1) Subject to this Act, a person who had reckonable earnings in the relevant income tax year shall be entitled to pay-related benefit in respect of any day which—

(a) is a day of unemployment which forms part of a period of interruption of employment and in respect of which the person is entitled to unemployment benefit and which is not earlier than the 19th day of unemployment in the period of interruption of employment, or

(b) is a day of incapacity for work which forms part of a period of interruption of employment in respect of incapacity for work which commenced before the 6th day of April, 1992, in respect of which the person is in receipt of disability benefit (or would be in receipt of disability benefit but for the fact that injury benefit is payable to the person).

[1992, s. 30]

(2) Notwithstanding subsection (1), a person engaged in—

(a) short-time employment, or

(b) employment in a period of interruption of employment, in which for the time being, a number of days is systematically worked in a period of 4 consecutive weeks, which is less than the number of days which was normal in the employment concerned prior to the reduction in the number of days of employment:

Provided that the number of days worked is equal to, or exceeds half of the number of days which would have been normally worked in that 4 week period,

shall not be entitled to pay-related benefit for any day in respect of which he is entitled to unemployment benefit.