Social Welfare (Miscellaneous Provisions) Act 2008

Jobseeker’s benefit — amendment.

18.— (1) Section 64 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) in subsection (1) by substituting the following paragraph for paragraph (a):

“(a) has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed,”,

(b) in subsection (1)(b), by substituting the following subparagraph for subparagraph (i):

“(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or”,

(c) in subsection (2), by substituting “104” for “52”,

(d) in subsection (3), by substituting “104” for “52”,

(e) by inserting the following subsection after subsection (3):

“(3A) In the case of any claim for jobseeker’s benefit where the period of interruption of employment began on or after 5 April 2004 and before 1 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.”,

and

(f) by inserting the following subsection after subsection (4):

“(4A) Regulations may provide for entitling to jobseeker’s benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement, in subsection (1)(b)(i), that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which benefit is claimed, is not satisfied.”.

(2) Section 67 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) by substituting the following subsections for subsection (3):

“(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 ‘312 days’ were substituted for ‘156 days’.

(3A) Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 156 days, have effect as if ‘390 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.

(3B) Where a person to whom section 64(1)(c)(ia)(I) applies is—

(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and

(b) the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1)(c)(ia)(II) began on or before 14 October 2008,

subsection (3) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.”,

(b) by substituting the following subsections for subsection (4):

“(4) Subsection (1) shall, in respect of a person who is over the age of 18 years and has qualifying contributions in respect of less than 260 contribution weeks, have effect as if ‘234 days’ were substituted for ‘156 days’.

(4A) Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 78 days, have effect as if ‘312 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.

(4B) Where a person to whom section 64(1)(c)(ia)(I) applies is—

(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and

(b) the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1)(c)(ia)(II) began on or before 14 October 2008,

subsection (4) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.”,

and

(c) in subsection (5) by substituting “for 234 days, 312 days or 390 days” for “for 312 days or 390 days”.

(3) Subsection (1) shall come into operation on 1 January 2009.

(4) The amendment effected by subsection (1)(b) shall not apply in the case of a claim for jobseeker’s benefit where the period of interruption of employment commences before 1 January 2009.

(5) Subsection (2) shall be deemed to have come into operation with effect from 15 October 2008.