Social Welfare Consolidation Act 2005

Disqualifications.

[1993 s125(1); 2005 (SW&P) s13(b)]

147

147.—(1) A person shall be disqualified for receiving F900[jobseekers allowance] while he or she is—

(a) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority,

(b) employed during any week under a F901[scheme provided by the Minister and known as Community Employment], or

(c) employed during any week under a F902[scheme provided by the Minister] and known as the Rural Social Scheme.

[1993 s125(3)]

(2) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he or she was employed shall be disqualified for receiving F900[jobseekers allowance] so long as the stoppage of work continues, except in the case where the person has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he or she usually follows or has become regularly engaged in some other occupation but this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

[1993 s125(4)]

(3) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments of the same premises or at the same place, each of those departments, for the purposes of subsection (2), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

[1993 s125(5)]

(4) A person shall be disqualified for receiving F900[jobseekers allowance] for the period that may be determined by a deciding officer, but in any case not exceeding 9 weeks, where the person—

(a) has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause,

F903[(b) has refused an offer of suitable employment,]

(c) F904[]

(d) has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment,

and the period of disqualification shall begin on the day on which the loss or leaving of employment, refusal, failure or neglect, as the case may be, occurred.

F905[(4A) F906[]]

[1993 s125(6)]

(5) For the purpose of this section, employment is not deemed to be suitable employment in the case of any person where it is employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.

[1993 s125(7)]

F907[(6) Jobseeker’s allowance shall not be payable in respect of the same day or days as any of the following benefits:

(a) jobseeker’s benefit;

(b) jobseeker’s benefit (self-employed);

(c) jobseeker’s pay-related benefit.]

Annotations

Amendments:

F900

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.

F901

Substituted (1.01.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 29(2) and sch. 1, S.I. No. 703 of 2011.

F902

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 10, commenced on enactment.

F903

Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 13(6)(a), commenced on enactment.

F904

Deleted (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 8(5)(a), S.I. No. 679 of 2010.

F905

Inserted (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 8(5)(b), S.I. No. 679 of 2010.

F906

Deleted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 13(6)(b), commenced on enactment.

F907

Substituted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 10, S.I. No. 499 of 2024.

Editorial Notes:

E1036

Previous affecting provision: subs. (6) amended (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 9, S.I. No. 550 of 2019; substituted (31.03.2025) as per F-Note above.

E1037

Previous affecting provision: subs. (4)(b) deleted (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 8(5)(a), S.I. No. 679 of 2010; new subs. (4)(b) inserted (28.06.2013) as per F-Note above.

E1038

Previous affecting provision: subs. (6) 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 (1.11.2019) as per E-Note above.

E1039

Previous affecting provision: subs. (6) 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.

E1040

Previous affecting provision: subs. (4) amended and subs. (4A) inserted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 19(5), not commenced; repealed (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 10, S.I. No. 679 of 2010.