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Entitlement to assistance.
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[1992, s. 27(1); 1993, s. 25(2)]
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120.—(1) Subject to this Act, a person shall be entitled to unemployment assistance in respect of any day of unemployment in a continuous period of unemployment if—
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(a) he has attained the age of 18 years and has not attained pensionable age,
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(b) he proves unemployment in the prescribed manner,
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(c) he is capable of work,
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(d) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and, subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment,
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(e) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, physique, education, normal occupation, place of residence and family circumstances, and
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(f) he satisfies the conditions as to means specified for the purposes of this Chapter.
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[1992, s. 27(1)]
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(2) (a) A person shall not be entitled to unemployment assistance for the first 3 days of unemployment in any continuous period of unemployment.
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(b) No unemployment assistance shall be paid for any period less than 1 day.
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(c) For the purposes of this section, any period prior to the relevant date of application for unemployment assistance shall not be reckoned as, or as part of, a continuous period of unemployment.
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(d) Any period during which a person is disqualified for receiving unemployment assistance shall not be reckoned in the computation of any continuous period of unemployment of such person.
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[1992, s. 27(1)]
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(3) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 52 weeks shall be treated as one continuous period of unemployment, and references in this Chapter to being continuously unemployed or continuous unemployment shall be construed accordingly.
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[1992, s. 27(1)]
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(4) Sunday shall not be treated as a day of unemployment and shall be disregarded in computing any period of consecutive days.
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[1992, s. 27(1)]
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(5) Notwithstanding subsection (3), any period of continuous—
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(a) employment under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme,
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(b) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,
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(c) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,
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(d) attendance at a training course provided or approved by An Foras Áiseanna Saothair,
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(e) employment under a scheme administered by An Foras Áiseanna Saothair and known as Teamwork,
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(f) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,
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(g) participation in a scheme administered by the Minister for Education and known as the Vocational Training Opportunities Scheme, or
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(h) participation in, employment under or attendance at a prescribed scheme or course,
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shall be disregarded in treating, pursuant to subsection (3) of this section, any two continuous periods of unemployment not separated by more than 52 weeks as one continuous period of unemployment.
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[1992, s. 27(1)]
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(6) Regulations may make provision as to the days which are or are not to be treated for the purposes of unemployment assistance as days of unemployment.
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[1992, s. 27(1)]
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(7) Subsection (2) (a) shall not apply in relation to the payment of unemployment assistance to a person who ceased, not earlier than 52 weeks before the day in respect of which his application for unemployment assistance is made, to be entitled to unemployment benefit—
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(a) by reason of having, by virtue of section 46, exhausted his entitlement to such benefit, or
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(b) if the person is of or over 65 years of age, by reason of having failed to satisfy the contribution condition set out in section 43(1)(b).
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[1992, s. 27(1)]
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(8) The amount payable by way of unemployment assistance for any day of unemployment shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.
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