Social Welfare Consolidation Act 2005
Conditions for receipt.
[1993 s43(1); 2005 (SW&P) s11(e)]
64.—(1) The contribution conditions for F494[jobseeker’s benefit] are that the claimant—
F495[(a) (i) has employment contributions or optional contributions paid in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed, or
(ii) has self-employment contributions paid in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed,]
(b) F496[(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or]
(ii) has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the day for which the benefit is claimed,
and
(c) has—
(i) F497[reckonable] weekly earnings, or
F498[(ia) F497[reckonable] weekly earnings, in the case of a person who immediately before the week of unemployment for which jobseeker’s benefit was claimed—
(I) was in receipt of carer’s benefit or carer’s allowance and,
(II) was in receipt of jobseeker’s benefit immediately before receiving a payment referred to in subparagraph (I),
or]
(ii) in the case of a person who qualifies for F494[jobseeker’s benefit] by virtue of having paid optional contributions, F497[reckonable] weekly income,
F497[in excess of €300 in the governing contribution year or has reckonable weekly earnings specified in paragraphs (a) to (c)of subsection (6) or, as the case may be, has reckonable weekly income specified in paragraphs (d) to (f) of subsection (6) in the periods specified in respect of those earnings or that income in those paragraphs].
[1993 s43(2); 2005 (SW&P) s26 & Sch 4]
(2) In the case of any claim for F494[jobseeker’s benefit] where the period of interruption of employment began before 6 April 1987, subsection (1)(a) shall be read as if “26” were substituted for “F499[104]”.
[2003 s9(3)(b)]
(3) In the case of any claim for F494[jobseeker’s benefit] where the period of interruption of employment began on or after 6 April 1987 and before 5 April 2004 subsection (1)(a) shall be read as if “39” were substituted for “F500[104]”.
F501[(3A) In the case of any claim for jobseeker’s benefit where the period of interruption of employment began on or after 5 April 2004 and before 1 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.]
[1993 s43(3)]
(4) Where a person under F502[70 years of age] has been entitled to payment of F494[jobseeker’s benefit] in respect of any day or would but for section 62(4), F503[68(1), 68(6) or 68(6A)] have been so entitled then, in relation to F494[jobseeker’s benefit], the benefit year which includes the first such day in every period of interruption of employment, which is, or is deemed to be, a separate period of interruption of employment, shall, for the purpose of the condition contained in subsection (1)(b)(i) or (ii), be regarded as continuing so long as the period of interruption of employment continues.
F504[(4A) Regulations may provide for entitling to jobseeker’s benefit, subject to the conditions that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the requirement, in subsection (1)(b)(i), that there must be qualifying contributions in respect of at least 13 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the day for which benefit is claimed, is not satisfied.]
[1993 s43(4)]
(5) Regulations may provide for modifications of the contribution conditions set out in subsection (1).
[1993 s43(5)]
F505[(6) For the purposes of the requirements of subsection (1)(c) relating to reckonable weekly earnings or, as the case may be, reckonable weekly income, a claimant—
(a) has reckonable weekly earnings—
(i) which do not exceed €44.43,
(ii) which exceed €44.43 but do not exceed €63.48, or
(iii) which exceed €63.48 but do not exceed €88.87,
in respect of a period of interruption of employment which commenced before 25 December 2003,
(b) has reckonable weekly earnings—
(i) which do not exceed €79.99,
(ii) which exceed €79.99 but do not exceed €124.99, or
(iii) which exceed €124.99 but do not exceed €149.00,
in respect of a period of interruption of employment which commenced on or after 25 December 2003 and before 5 January 2009,
(c) has reckonable weekly earnings—
(i) which do not exceed €149.99,
(ii) which exceed €149.99 but do not exceed €219.99, or
(iii) which exceed €219.99 but do not exceed €299.99,
in respect of a period of interruption of employment which commenced on or after 5 January 2009,
(d) has reckonable weekly income—
(i) which does not exceed €44.43,
(ii) which exceeds €44.43 but does not exceed €63.48, or
(iii) which exceeds €63.48 but does not exceed €88.87,
in respect of a period of interruption of employment which commenced before 25 December 2003,
(e) has reckonable weekly income—
(i) which does not exceed €79.99,
(ii) which exceeds €79.99 but does not exceed €124.99, or
(iii) which exceeds €124.99 but does not exceed €149.00,
in respect of a period of interruption of employment which commenced on or after 25 December 2003 and before 5 January 2009, or
(f) has reckonable weekly income—
(i) which does not exceed €149.99,
(ii) which exceeds €149.99 but does not exceed €219.99, or
(iii) which exceeds €219.99 but does not exceed €299.99,
in respect of a period of interruption of employment which commenced on or after 5 January 2009.]
[1993 s43(6)]
(7) F506[…]
[1993 (No. 2) s13; 1999 s24(2)]
(8) The condition in subsection (1)(c) F507[…] shall not apply in the case of a claim for F494[jobseeker’s benefit] made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
F508[(9) For the purposes of subsection (1)(c)—
(a) the reckonable weekly earnings referred to in subparagraphs (i) and (ia) of that subsection shall, subject to paragraph (b), be calculated as the total reckonable earnings in the governing contribution year increased by the amount of—
(i) a payment, if any, referred to in section 38, and
(ii) an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001,
divided by the number of qualifying contributions in that governing contribution year,
(b) without prejudice to paragraph (a), the governing contribution year, for the purposes of the calculation, in accordance with paragraph (a), of the reckonable weekly earnings referred to in subparagraph (ia) of subsection (1)(c) shall be—
(i) the governing contribution year, or
(ii) the governing contribution year that relates to the jobseeker’s benefit claim referred to in subsection (1)(c)(ia)(II),
whichever is the more favourable, and
(c) the reckonable weekly income referred to in subparagraph (ii) of that subsection shall be calculated as the total reckonable income in the governing contribution year increased by the amount of—
(i) a payment, if any, referred to in section 38, and
(ii) an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001,
divided by the number of qualifying contributions in that governing contribution year.
(10) In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of jobseeker’s benefit or illness benefit in respect of any day in the 13 week period preceding 4 January 1993, forms part of a period of interruption of employment which commenced prior to that date, nothing in this section shall be construed as reducing the rate of jobseeker’s benefit payable to him or her to a rate which is less than the rate to which he or she was entitled to before that date.
(11) In subsection (9), ‘Regulations of 2001’ means the Income Tax (Employments) (Consolidation) Regulations 2001 (S.I. No. 559 of 2001).]
Annotations
Amendments:
F494
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.
F495
Substituted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 3, S.I. No. 550 of 2019.
F496
Substituted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(1)(b), commenced as per subs. (3).
F497
Substituted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(2), S.I. No. 679 of 2010.
F498
Inserted (1.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 8, S.I. No. 219 of 2007.
F499
Substituted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(1)(c), commenced as per subs. (3).
F500
Substituted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(1)(d), commenced as per subs. (3).
F501
Inserted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(1)(e), commenced as per subs. (3).
F502
Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 40, commenced as per s. 1(3).
F503
Substituted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(3)(a), S.I. No. 679 of 2010.
F504
Inserted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(1)(f), commenced as per subs. (3).
F505
Substituted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(3)(b), S.I. No. 679 of 2010.
F506
Deleted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(3)(c), S.I. No. 679 of 2010.
F507
Deleted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(3)(d), S.I. No. 679 of 2010.
F508
Inserted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(3)(e), S.I. No. 679 of 2010.
Editorial Notes:
E505
Power pursuant to section exercised (31.03.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Jobseeker’s Pay-Related Benefit) Regulations 2024 (S.I. No. 635 of 2024), art. 4(a)—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 47(4)—in effect as per art. 2.
E506
Power pursuant to subs. (4A) exercised (31.03.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Jobseeker’s Pay-Related Benefit) Regulations 2024 (S.I. No. 635 of 2024), art. 4(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 48A—in effect as per art. 2.
E507
Power pursuant to subs. (4A) exercised (5.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Jobseeker’s Benefit) Regulations 2009 (S.I. No. 24 of 2009), art. 4, in effect as per art. 2, which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 48A.
E508
Previous affecting provision: subs. (1)(a) substituted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(1)(a), commenced as per subs. (3); substituted (1.11.2019) as per F-Note above.
E509
Previous affecting provision: power pursuant to subs. (1)(c) exercised (1.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), art. 7(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 47—in effect as per art. 2(a); rendered obsolete (30.12.2010) in consequence of amendment to subs. (1)(c) as per F-Note above.
E510
Previous affecting provision: power pursuant to subs. (6) exercised (31.12.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Increase Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), art. 6(a), 6(b), 6(c), 7(b), schs. 1, 2, 3 and 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6, 6A and 7—in effect as per art. 2(b); rendered obsolete (30.12.2010) in consequence of amendment to subs. (6)(c) as per F-Note above.
E511
Previous affecting provision: power pursuant to subs. (6) exercised (1.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), arts. 7(b) and 7(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 48—in effect as per art. 2(a); rendered obsolete (30.12.2010) in consequence of amendment to subs. (6) as per F-Note above.
E512
Previous affecting provision: power pursuant to subs. (6) exercised (25.12.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), art. 6(a), 6(b), 7(g), schs. 1, 2, and 10—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6 and 7—in effect as per art. 2(b); substituted (31.12.2009) as per E-Note above.
E513
Previous affecting provision: power pursuant to subs. (6) exercised (18.12.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Graduated Rates) Regulations 2008 (S.I. No. 604 of 2008), art. 4 and sch. 1—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 6A—in effect as per art. 2(b); substituted (31.12.2009) as per E-Note above.
E514
Previous affecting provision: power pursuant to subs. (6) exercised (27.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 7(a), 7(b), 8(g), schs. 1, 2, and 10—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 5, 6 and 7—in effect as per art. 2(b); substituted (25.12.2008) as per E-Note above.
E515
Previous affecting provision: power pursuant to subs. (1)(c) exercised (1.05.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Illness, Jobseeker’s, Maternity, Adoptive and Deserted Wife’s Benefit) Regulations 2007 (S.I. No. 222 of 2007), art. 4(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 47—in effect as per art. 2(a); rendered obsolete (30.12.2010) in consequence of amendment to subs. (1)(c) as per F-Note above.
E516
Previous affecting provision: power pursuant to subs. (1)(c) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 47, in effect as per art. 2; rendered obsolete (30.12.2010) in consequence of amendment to subs. (1)(c) as per F-Note above.
E517
Previous affecting provision: power pursuant to subs. (6) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 48 and schs. 5 to 7, in effect as per art. 2; schs. 5 to 7 substituted (27.12.2007) as per E-Note above; art. 48 rendered obsolete (30.12.2010) in consequence of amendment to subs. (6) as per F-Note above.
E518
Previous affecting provision: subs. (1), (4), (6) to (8) amended and subs. (9) to (11) inserted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), ss. 18(2) and (3), not commenced; repealed (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 10, S.I. No. 679 of 2010.
E519
Previous affecting provision: power pursuant to subs. (6) exercised (28.12.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 8(a), 8(b), 9(g), schs. 1, 2 and 13—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. 1, 2 and 13—in effect as per art. 2(b); 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.
E520
Previous affecting provision: power pursuant to subs. (1)(c) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 9—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 29—in effect as per art. 2; 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.
E521
Previous affecting provision: power pursuant to subs. (6) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 6(d), 25(a), 25(b), 25(d), schs. 1, 2 and 13—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 30, deleted B, BA and Q, and inserted schs. 1, 2 and 13—in effect as per art. 2; schs. 1, 2 and 13 substituted (28.12.2006) as per E-Note above; art. 30 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.
E522
Previous affecting provision: subs. (6) amended (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; substituted (30.12.2010) as per F-Note above.
E523
Previous affecting provision: power pursuant to subs. (6) exercised (4.05.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 9(i) and sch. 9—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), sch. Q—in effect as per art. 2(b); sch. Q deleted (1.11.2006) as per E-Note above.
E524
Previous affecting provision: power pursuant to subs. (6) exercised (29.12.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), arts. 6(a), 6(b), 7(k), schs. 1, 2 and 22—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. B, BA and Q— in effect as per art. 2(b); sch. Q substituted (4.05.2006) as per E-Note above; schs. B and BA deleted (1.11.2006) as per E-Note above
E525
Previous affecting provision: application of section modified (16.12.2004) by Social Welfare (Transitional Arrangements) (Alignment of Income Tax Year with Calendar Year) (No. 1) Regulations 2004 (S.I. No. 848 of 2004), art. 3(1); continued in force (1.12.2005) by s. 362(2) as if made under this Act; applied only as regards the period 3.01.2005 to 1.01.2006.
E526
Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (25.12.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 8) (Graduated Rates) Regulations 2003 (S.I. No. 725 of 2003), art. 4(1)(f) and 5—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 30 and sch. B, inserted sch. BA and adopted existing sch. Q—in effect as per art. 2(a); schs. B, BA and Q substituted (30.12.2004) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), arts. 6(a), 6(b), 7(k), sch. 1, 2 and 22, in effect as per art. 2(b); continued in force (1.12.2005) by s. 362(2) as if made under this Act; schs. B, BA and Q substituted (29.12.2005) as per E-Note above; art. 30 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.
E527
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(c) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 29, in effect as per art. 2; amended (25.12.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 8) (Graduated Rates) Regulations 2003 (S.I. No. 725 of 2003), art. 4(1)(e), in effect as per art. 2(a); 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.