Social Welfare (No. 2) Act, 1993

Unemployment benefit (conditions for receipt and duration of payment).

8.—The Principal Act is hereby amended by—

(a) the insertion after section 42 of the following section:

“Condition for receipt (optional contributors).

42A.—(1) It shall be a condition for the receipt of unemployment benefit in respect of any day by a person engaged in share fishing that—

(a) it is not a day on which he is engaged in share fishing and it is a day in respect of which he makes reasonable efforts to obtain such work, and

(b) there was no work on, or in connection with, the fishing vessel of which he is a member of the crew available for him on that day for the reason that—

(i) as a consequence of weather conditions, the fishing vessel could not reasonably have put to sea for the purposes of fishing, or

(ii) the fishing vessel was undergoing repairs or maintenance, not being repairs or maintenance constituting work within the meaning of subsection (2).

(2) For the purposes of subsection (1), work includes any work done to the fishing vessel or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of nets and gear or their preparation for fishing which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing vessel, or is likely to become so necessary in the near future, and which it is the duty of a person engaged in share fishing (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or the gross earnings of the working of the fishing vessel, but any other work done to the fishing vessel or its nets or gear, shall be disregarded.”,

(b) the substitution for paragraph (c) of section 43 (1) of the following paragraph:

“(c) that the claimant 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.”,


(c) the insertion after subsection (4) of section 46 of the following subsection:

“(4A) Notwithstanding the provisions of this Chapter, in the case of a person who satisfies the contribution conditions contained in section 43 by virtue of having paid optional contributions—

(a) where he has been entitled to unemployment benefit for 78 days in any benefit year he shall not thereafter be entitled to the said 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 commencement of a separate period of interruption of employment.”.