Social Welfare Consolidation Act 2005

Entitlement to payment.

[1996 s7(1), 22 & Sch C; 1997 s7]

234

234.—(1) Subject to this Act, a continued payment for qualified children (in this Part referred to as a “continued payment”) shall be payable out of moneys provided by the Oireachtas to a person—

(a) (i) other than a person who is engaged in short-time employment, who—

(I) has been in receipt of F1288[jobseekers benefit], F1289[jobseekers allowance], or F1288[jobseekers benefit] and F1289[jobseekers allowance] in respect of not less than 312 days of unemployment in—

(A) a period of interruption of employment, within the meaning of section 62(5)(c), where the person is in receipt of F1288[jobseekers benefit], or

(B) a continuous period of unemployment, within the meaning of section 141(3), where the person is in receipt of F1289[jobseekers allowance],

in the immediately preceding period, and

(II) is in receipt of F1288[jobseekers benefit] or F1289[jobseekers allowance] which includes an increase in respect of at least one qualified child who normally resides with the person and is not a person to whom section 66(3), 146 or 297 (as the case may require) applies,

or

(ii) who is engaged in employment under a F1290[scheme provided by the Minister and known as Community Employment] and who, if he or she were in receipt of F1288[jobseekers benefit] or F1289[jobseekers allowance] would be entitled to an increase in respect of at least one qualified child who normally resides with the person and would not be a person to whom section 66(3), 146 or 297 (as the case may require) applies,

and

(b) who, in the case of a person to whom paragraph (a)(i) or (ii) applies, ceases, by virtue of having become engaged in employment which is expected to continue for a minimum of 4 weeks, to be entitled to F1288[jobseekers benefit] or F1289[jobseekers allowance] or ceases to be engaged in Community Employment.

F1291[(1A) Notwithstanding the provisions of this Part, a continued payment shall not be payable to a person for any period on or after the enactment of the Social Welfare (Miscellaneous Provisions) Act 2015.]

[1996 s7(1); 1997 s7]

(2) In this Part, “employment” means insurable employment or insurable self-employment, other than—

(a) employment under a F1290[scheme provided by the Minister and known as Community Employment],

(b) employment under any scheme which is F1290[provided by the Minister], other than a scheme known as the Jobs Initiatives Scheme, or

(c) employment of a seasonal nature.

Annotations

Amendments:

F1288

Substituted (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.

F1289

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.

F1290

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.

F1291

Inserted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 7, commenced on enactment.