Social Welfare Consolidation Act 2005

Rates of assistance and effect of means on rates.

[1993 s121(1)]

142

142.—(1) Subject to this section and to F844[sections F845[142A, 144] and 146,] the rate (in this Chapter referred to as “the scheduled rate”) of F846[jobseekers allowance] shall be—

[1995 s16]

(a) in the case of a person who—

(i) in any continuous period of unemployment, as read in accordance with section 141(3), has been in receipt of F847[jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay-related benefit] in respect of not less than 390 days of unemployment, or

(ii) immediately before the week of unemployment for which F846[jobseekers allowance] is claimed, was in receipt of—

(I) one-parent family payment, but has ceased to be entitled to that allowance by virtue of no longer being regarded as a qualified parent within the meaning of section 172(1), or

F848[(IA) widows (non-contributory) pension, widowers (non-contributory) pension or surviving civil partners (non-contributory) pension, but has ceased to be entitled to that pension by virtue of no longer being regarded as a widow, widower or surviving civil partner within the meaning of section 162(1), or]

(II) carer's allowance, but has ceased to be entitled to that allowance by virtue of no longer being regarded as a carer within the meaning of section 179(1),

the weekly rate set out in column (2) at reference 1(a) in Part 1 of Schedule 4, F849[increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and increased by the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child F850[who has not attained the age of 12 years who normally resides with the claimant or beneficiary, or as the case may be, increased by the appropriate amount set out in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary, or]]

(b) in any other case, the weekly rate set out in column (2) at reference 1(b) in Part 1 of Schedule 4, increased by—

(i) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of F851[allowance] under this subparagraph in respect of more than one person, and

F852[(ii) the appropriate amount set out

(I) in column (4) of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(II) in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.]

F853[(1A) Subject to this Act and notwithstanding subsection (1), in the case of a person to whom F854[subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B] refers, the scheduled rate of jobseekers allowance shall be reduced and accordingly shall be the weekly rate as set out in column (2) at reference 1(b) of Part 1 of Schedule 4 which shall be reduced in each week by F855[90], increased by

(a) the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this paragraph in respect of more than one person, and

F856[(b) the appropriate amount set out

(i) in column (4) of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(ii) in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.]]

[1993 s121(2); 2001 s37(3)(a)]

(2) (a) Subject to paragraph (b), F846[jobseekers allowance] shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than €1, at the scheduled rate,

(ii) are equal to €1, at the scheduled rate reduced by €1, and

(iii) exceed €1, at the scheduled rate, reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.

(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no F846[jobseekers allowance] shall be payable.

[1993 s121(3); 2005 (SW&P) s25 & Sch 3]

(3) Notwithstanding F857[subsection (2)(a)(iii) and section 142A(a)(iii),] where the sole means of a claimant for F846[jobseekers allowance], who is not one of a couple, are assessed under Rule 1(10) of Part 2 of Schedule 3 and where the rate of F851[allowance] payable to or in respect of the claimant, as calculated in accordance with subsection (2)(a)(iii), F858[section 142A(2)(a)(iii) or section 142B(2)(a)(iii)] would be a weekly amount which is 10 cent or more, but less than €40, the claimant shall be entitled to payment of F846[jobseekers allowance] at the weekly rate of €40.

[1993 s121(4)]

F859[(4) In subsection (3), couple means

(a) a married couple who are living together,

(b) both civil partners of a civil partnership who are living together, or

(c) both cohabitants.]

[1993 s121(4); 2005 (SW&P) s25 & Sch 3]

[1993 s121(5); 2001 s37 & Sch F]

(5) F860[]

[1993 s121(6); 2001 s37 & Sch F]

(6) F860[]

[1993 s121(7)]

(7) F860[]

Annotations

Amendments:

F844

Substituted (29.04.2009) by Social Welfare And Pensions Act 2009 (10/2009), s. 6(b), commenced on enactment.

F845

Substituted (1.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 8(1)(c)(i), commenced as per subs. (2).

F846

Substituted (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006.

F847

Substituted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 8, S.I. No. 499 of 2024.

F848

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 17(e), commenced on enactment.

F849

Inserted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 10(1), commenced on enactment.

F850

Substituted (20.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 14(a), S.I. No. 116 of 2019.

F851

Substituted (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 5, S.I. No. 334 of 2006.

F852

Substituted (20.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 14(b), S.I. No. 116 of 2019.

F853

Inserted (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 8(2), S.I. No. 679 of 2010.

F854

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 13(3), commenced on enactment.

F855

Substituted (28.10.2024) by Social Welfare Act 2024 (36/2024), s. 15(1)(e), commenced on enactment.

F856

Substituted (20.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 14(c), S.I. No. 116 of 2019.

F857

Substituted (1.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 8(1)(c)(ii), commenced as per subs. (2).

F858

Inserted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 10(2)(b), commenced on enactment.

F859

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 19(2)(b), S.I. No. 673 of 2010.

F860

Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 10(3)(b), commenced on enactment.

Editorial Notes:

E1014

Previous affecting provision: subs. (1)(a)(ii)(IA) substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 19(2)(a), S.I. No. 673 of 2010; substituted (21.07.2025) as per F-Note above.

E1015

Previous affecting provision: subs. (1A) inserted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 19(2), not commenced; repealed (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 10, S.I. No. 679 of 2010.

E1016

Previous affecting provision: subs. (3) amended (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 10(2)(a), commenced on enactment; substituted (1.01.2020) as per F-Note above.

E1017

Previous affecting provision: subs. (4)(b) deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 10(3)(a), commenced on enactment; substituted (1.01.2011) as per F-Note above.

E1018

Previous affecting provision: subs. (1) amended (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 6(a), commenced on enactment; substituted (1.01.2020) as per F-Note above.

E1019

Previous affecting provision: subs. (1)(b)(i) amended by Social Welfare and Pensions Act 2007 (8/2007), s. 9(b), not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(a), commenced on enactment.

E1020

Previous affecting provision: subs. (1)(a)(ii)(IA) inserted (4.07.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 20, S.I. No. 256 of 2007; substituted (1.01.2011) as per F-Note above.

E1021

Previous affecting provision: subs. (1)(a)(i) amended (5.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 6, S.I. No. 334 of 2006; substituted (31.03.2025) as per F-Note above.

E1022

Previous affecting provision: subs. (1)(a)(i) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; substituted (31.03.2025) as per F-Note above.

E1023

Previous affecting provision: subs. (1) amended by Social Welfare Consolidation Act 2005 (26/2005), s. 364 and sch. 6 para. 2, not commenced; repealed (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 21(a), commenced on enactment.

E1024

Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (2.1.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 71, in effect as per art. 2; amended (26.12.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 3(a); continued in force (1.12.2005) by s. 362(2) as if made under this Act; deleted (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 13, in effect as per art. 2.