Social Welfare Consolidation Act 2005
F914[Entitlement to jobseeker’s allowance in certain circumstances
148A.F915[(1) This section applies—
(a) to a person who, during the period for which jobseeker’s allowance is being claimed under this section—
(i) is not entitled to one-parent family payment, and
(ii) would be entitled to one-parent family payment but for the fact that the youngest child has attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1),
and
(b) where the youngest child, referred to in paragraph (a)(ii), has not attained the age of 14 years.]
(2) Subject to this section, a person to whom this section applies shall be entitled to jobseeker’s allowance in respect of any week of unemployment, as construed in accordance with subsection (4)(b), where that person makes a declaration in such manner as may be prescribed that he or she—
(a) is the parent, step-parent, adoptive parent or legal guardian of at least one child who has not attained the age of 14 years and who normally resides, in accordance with Article 128 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), with that person, and
(b) is not a cohabitant.
(3) Without prejudice to the generality of subsection (2), for the purposes of that subsection a person may make a declaration by means of an electronic communication, in such manner as may be prescribed.
(4) In the case of a person to whom this section applies, Chapter 2 of Part 3 shall be read as if—
(a) sections 141(1)(b), 141(1A), 141(2)(a), 141(3), 141(3A), 141(3B), 141(4)(b), 141(4)(c), 141(8), 147(4) and 148 do not apply,
(b) each period of 7 consecutive days were treated as a week of unemployment and any 2 such weeks not separated by more than 52 weeks shall be treated as one continuous period of unemployment and references in Chapter 2 of Part 3 to a week of unemployment, to being continuously unemployed or to continuous unemployment shall be read accordingly, and
(c) the reference to a day or days of unemployment in sections 141(3C), 141(4), 141(7) and 143 were to any day or days in a week of unemployment as construed in accordance with paragraph (b).
(5) F916[…]]
Annotations
Amendments:
F914
Inserted (4.07.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 10(2), commenced as per subs. (3).
F915
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 5(a), commenced on enactment.
F916
Deleted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 5(b), commenced on enactment.
Editorial Notes:
E1045
Power pursuant to subs. (2) and (3) exercised (4.07.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Jobseeker’s Allowance Transition) Regulations 2013 (S.I. No. 244 of 2013), art. 5—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 118A—in effect as per art. 3.
