149.—(1) Subject to this Act, an allowance (in this Chapter referred to as “pre-retirement allowance”) shall be payable in respect of any period of retirement to a person—

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) whose weekly means, subject to subsection (4), do not exceed the amount of pre-retirement allowance (including any increases of that allowance) that would be payable to the person under this Chapter if that person had no means, and

(c) (i) who has been in receipt of F917[jobseeker’s benefit] or F918[jobseeker’s allowance] in respect of not less than 390 days of unemployment in any continuous period of unemployment in the immediately preceding period as read in accordance with section 141(3),

(ii) being a separated spouse, has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or

F919[(iia) being a civil partner who is not living with the other civil partner of the civil partnership and who has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or]

(iii) immediately before the week in respect of which pre-retirement allowance is claimed, was in receipt of—

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

[1998 s18]

(2) (a) For the purposes of subsection (1)(c)(ii) and subject to section 3(10) a person who is separated from his or her spouse, shall continue to be regarded as a separated spouse where the marriage has been dissolved, being a dissolution that is recognised as valid in the State.

F920[(aa) For the purposes of subsection (1)(c)(iia) and subject to section 3(10), a civil partner who is not living with his or her civil partner shall continue to be regarded as such where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.]

F921[(b) Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whom subsection (1)(c)(ii) or subsection (1)(c)(iia) applies, unless that person marries, remarries, enters into a civil partnership or a new civil partnership or is a cohabitant.]

[1998 s18; 2005 (SW&P) s25 & Sch 3]

(3) (a) In this Chapter “weekly means” shall, subject to paragraph (b) and Rule 1(1) or (7) as the case may be of Part 2 of Schedule 3, be the yearly means divided by 52 and means shall be calculated in accordance with the Rules contained in Part 2 of Schedule 3.

(b) The amount calculated in accordance with paragraph (a) shall be rounded up to the nearest €1 where it is a multiple of 50 cent but not also a multiple of €1 and shall be rounded to the nearest €1 where it is not a multiple of 50 cent or €1.

F922[(3A) Where the spouse F923[, civil partner or cohabitant] of a claimant for pre-retirement allowance is a spouse F923[, civil partner or cohabitant] referred to in Part 6, and is in receipt of a payment under Part 6, the means of the claimant shall be taken to be one-half the means.]

[1998 s18]

F924[(4) Subject to subsection (4A), where the spouse F923[, civil partner or cohabitant] of a claimant for pre-retirement allowance is a spouse F923[, civil partner or cohabitant] referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), the means of the claimant shall be taken to be one-half the means.]

F925[(4A) Notwithstanding subsection (4), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of pre-retirement allowance in respect of any day of retirement and the spouse of the claimant for pre-retirement allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (4), whichever is the more favourable.

(4B) Where the means of a claimant are calculated at any time in accordance with subsection (4A) and are subsequently calculated in accordance with subsection (4), subsection (4A) shall no longer apply to the claimant.

(4C) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (4A) ceases to be entitled to or in receipt of pre-retirement allowance, subsection (4) shall apply to any subsequent claims.]

[2002 (MP) s6(2)]

(5) For the purposes of F926[subsections (6) and (8)], any 2 periods of retirement not separated by more than 52 weeks shall be treated as one continuous period of retirement.

[2002 (MP) s6(2)]

(6) Subsection (1)(c) shall not apply in the case of a claim to pre-retirement allowance made by a person in respect of a period of retirement which is a continuous period of retirement as read in accordance with subsection (5).

F927[(7) Notwithstanding the provisions of this Chapter and subject to F928[subsections (8) and (9)], pre-retirement allowance shall not be payable to a person in respect of any period of retirement which begins on or after such date as may be prescribed.

(8) Subsection (7) shall not apply where a continuous period of retirement, as read in accordance with subsection (5), began before the date prescribed for the purposes of subsection (7).]

F929[(9) Subsection (7) shall not apply to a person who—

(a) was in receipt of carer’s allowance immediately before the date prescribed for the purposes of subsection (7), and

(b) was in receipt of pre-retirement allowance immediately before receiving carer’s allowance.]