Social Welfare Consolidation Act 2005
F841[Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s allowance
141B. (1) Where—
(a) as a consequence of attendance for or submission to an assessment in accordance with section 141A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—
(i) any scheme or programme of employment or work experience, or
(ii) a course of education, training or development,
which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and
(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,
the weekly rate of jobseeker’s allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section F842[142(1A) or, as the case may be, section 142A(1A)].
(2) Where jobseeker’s allowance is paid to a person at the weekly rate set out in section F842[142(1A) or, as the case may be, section 142A(1A)] on account of a refusal or failure referred to in subsection (1)—
(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or
(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—
(i) any scheme or programme of employment or work experience, or
(ii) a course of education, training or development,
which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.
(3) Where a person refuses or fails, without good cause, to—
(a) comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or
(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),
that person shall be disqualified for receiving jobseeker’s allowance for any period of such refusal or failure commencing on—
(i) the date specified in the notice under subsection (2)(a), or
(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),
as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks.
(4) Nothing in this section shall prevent the provisions of subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3)—
(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2)(a), or
(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),
as the case may be, and that person continues, without good cause, to refuse or fail to—
(i) comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or
(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).]
Annotations
Amendments:
F841
Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 13(2), commenced on enactment.
F842
Substituted (1.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 8(1)(b), commenced as per subs. (2).
Editorial Notes:
E1011
Power pursuant to subs. (1)(a) and (2)(b) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 120A(1) and (2) and amended sub-art. (3)—in effect as per art. 2.
E1012
Power pursuant to subs. (1)(a) and (2)(b) exercised (15.07.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Prescribed Activation Measures) Regulations 2013 (S.I. No. 259 of 2013), art. 2(b), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 120A; amended (6.10.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Prescribed Employment Schemes) Regulations 2014 (S.I. No. 440 of 2014), art. 3(b), in effect as per art. 2.
E1013
Previous affecting provision: power pursuant to subs. (1)(a) and (2)(b) exercised (6.10.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Prescribed Employment Schemes) Regulations 2014 (S.I. No. 440 of 2014), art. 3(b)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 120A(1)—in effect as per art. 2; substituted (1.11.2019) as per E-Note above.