Social Welfare Consolidation Act 2005
Disqualifications —attending a course of study.
[1993 s126(1)]
148.—(1) A person shall not be entitled to receive F908[jobseeker’s allowance] while attending a course of study, other than in the circumstances and subject to the conditions and for the periods that may be prescribed.
[1993 s126(2); 2005 (SW&P) s26 & Sch 4]
(2) In this section—
“academic year” means a period in which a course of study begins in one year and finishes in the following year and includes term vacations;
“a course of study” means F909[…] a full-time day course of study, instruction or training F910[which may take place over more than one academic year] at an institution of education;
“institution of education” means—
(a) a school,
(b) F911[…]
(c) F911[…]
F912[(d) a designated institution of higher education within the meaning of the Higher Education Authority Act 2022 that falls under paragraph (a) of section 53(1) of that Act,]
(e) F913[…]
(f) F911[…]
(g) F911[…]
F912[(h) any institution which is not an institution for the purposes of paragraph (a) or (d) and which is an ‘approved institution’ within the meaning of the Student Support Act 2011 and falls under paragraph (d), (e), (f) or (g) of section 7(1) of that Act, or]
(i) any other institution that may be prescribed.
[1993 s126(3)]
(3) For the purposes of this section, a person shall be regarded, subject to regulations made under subsection (1), as attending a course of study—
(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination of the Department of Education and Science, whichever is the later,
(b) for the duration of an academic year, or
(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following academic year.
Annotations
Amendments:
F908
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.
F909
Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(4)(a), commenced on enactment.
F910
Inserted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(4)(b), commenced on enactment.
F911
Deleted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.
F912
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.
F913
Deleted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 11, commenced on enactment.
Editorial Notes:
E1041
Power pursuant to subs. (1) exercised (20.06.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Exemption from Disqualification for Course of Study) Regulations 2016 (S.I. No. 327 of 2016), art. 3(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 121.
E1042
Previous affecting provision: power pursuant to subs. (1) exercised (28.06.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Jobseeker’s Payments) Regulations 2011 (S.I. No. 320 of 2011), art. 3(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 121; substituted (20.06.2016) as per E-Note above.
E1043
Previous affecting provision: power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 121, in effect as per art. 2; substituted (28.06.2011) as per E-Note above.
E1044
Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 74, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.