Social Welfare Consolidation Act 2005

62B

F491[Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s benefit

62B. (1) Where—

(a) as a consequence of attendance for or submission to an assessment in accordance with section 62A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2).

(2) Where jobseeker’s benefit is paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) on account of a refusal or failure referred to in subsection (1)—

(a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in—

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to—

(a) comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

that person shall be disqualified for receiving jobseeker’s benefit for any period of such refusal or failure commencing on—

(i) the date specified in the notice under subsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks.

(4) Nothing in this section shall prevent the provisions of subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3)—

(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to—

(i) comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).]

Annotations

Amendments:

F491

Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 12(2), commenced on enactment.

Editorial Notes:

E502

Power pursuant to subs. (1)(a) and (2)(b) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 8—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 50A—in effect as per art. 2.

E503

Power pursuant to subs. (1)(a) and (2)(b) exercised (15.07.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Prescribed Activation Measures) Regulations 2013 (S.I. No. 259 of 2013), art. 2(a), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 50A.

E504

Previous affecting provision: power pursuant to subs. (1)(a) and (2)(b) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 50A(1)—in effect as per art. 2; substituted (1.11.2019) as per E-Note above.