Social Welfare Consolidation Act 2005
Duration of payment.
[1993 s46(1); 2003 s11(1)(a)]
67.—(1) A person who, in respect of any period of interruption of employment, has been entitled to F528[jobseeker’s benefit] for 156 days shall not thereafter, subject to subsection F529[(3), (3A), (3C), (4A) or (4C)], be entitled to that benefit for any day of unemployment (whether in the same or a subsequent period of interruption of employment) unless before that day he or she has requalified for benefit or unless, in the case of a person over 65 years of age F530[and under pensionable age], he or she has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the day for which F528[jobseeker’s benefit] is claimed.
[1993 s46(2)]
(2) Where a person entitled to F528[jobseeker’s benefit] for 156 days has exhausted his or her right to F528[jobseeker’s benefit]—
(a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to that benefit, and
(b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person, but, in a case where the period of interruption of employment in which the person exhausted his or her right to that benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.
[1993 s46(3); 2003 s11(1)(b)]
F531[(3) Subsection (1) shall, in respect of a person who is over the age of 18 years and who has qualifying contributions in respect of not less than 260 contribution weeks have effect as if ‘F532[234] days’ were substituted for ‘156 days’.]
F533[(3A) Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 156 days, have effect as if ‘390 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.
(3B) Where a person to whom section 64(1)(c)(ia)(I) applies is—
(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and
(b) the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1)(c)(ia)(II) began on or before 14 October 2008,
subsection (3) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.]
F534[(3C) Where subsection (3A) does not apply to a person and that person has—
(a) in any period of interruption of employment, qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and
(b) on 3 April 2013, been in receipt of jobseeker’s benefit for more than 156 days,
subsection (1) shall have effect as if ‘312 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.]
[2003 s11(1)(b)]
(4) F535[…]
F536[(4A) Subsection (1) shall, in respect of a person who, in any period of interruption of employment, has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and who has on 15 October 2008 been in receipt of jobseeker’s benefit for more than 78 days, have effect as if ‘312 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.
(4B) Where a person to whom section 64(1)(c)(ia)(I) applies is—
(a) in receipt of carer’s benefit or carer’s allowance on 15 October 2008, and
(b) the period of interruption of employment for the jobseeker’s benefit referred to in section 64(1)(c)(ia)(II) began on or before 14 October 2008,
subsection (4) shall not apply to the jobseeker’s benefit claim made immediately following the carer’s benefit or carer’s allowance for the remainder of such period of interruption of employment.]
F537[(4C) Where subsection (4A) does not apply to a person and that person has—
(a) in any period of interruption of employment, qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of unemployment, and
(b) on 3 April 2013, been in receipt of jobseeker’s benefit for more than 78 days,
subsection (1) shall have effect as if ‘234 days’ were substituted for ‘156 days’ for the remainder of such period of interruption of employment.]
[1993 s46(4); 2003 s11(1)]
(5) Where a person entitled to F528[jobseeker’s benefit] F538[for 234 days, 312 days or 390 days] has exhausted his or her right to that benefit—
(a) the person shall requalify for that benefit when he or she has qualifying contributions (other than optional contributions) in respect of 13 contribution weeks begun or ended since the 156th day for which he or she was entitled to that benefit, and
(b) on his or her requalifying for that benefit, F539[subsections (1) and (3)] as the case may be, shall again apply to him or her, but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after the exhaustion were distinct periods of interruption of employment.
[1993 (No.2) s8(c)]
(6) Notwithstanding this Chapter, in the case of a person who satisfies the contribution conditions contained in section 64 by virtue of having paid optional contributions—
(a) where he or she has been entitled to F528[jobseeker’s benefit] for 78 days in any benefit year he or she shall not thereafter be entitled to that benefit in respect of any day of unemployment in that benefit year, and
(b) the first day of unemployment in any benefit year shall be treated as the beginning of a separate period of interruption of employment.
[1993 s46(5)]
(7) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where the person would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.
[1993 s46(6); 1996 s22(4)]
(8) F540[Subject to section 141(3C), for the purposes of this section,] where a person receives F541[jobseeker’s allowance] in respect of any week of unemployment, within the meaning of section 141(3), which includes any day in respect of which that person is entitled to F528[jobseeker’s benefit], any day of unemployment in that week shall be treated as though it were a day in respect of which F528[jobseeker’s benefit] was paid.
F542[(8A) For the purposes of this section, where a person receives jobseeker’s benefit (self-employed) in respect of any week of unemployment, and that person is entitled to jobseeker’s benefit in respect of that week, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.]
F543[(8B) For the purposes of this section, where a person receives jobseeker’s pay-related benefit in respect of any full week of unemployment, that week shall be treated as though it were 6 days in respect of which jobseeker’s benefit was paid.]
[1993 s46(7)]
(9) For the purposes of this section, any period in respect of which a person is disqualified for receiving F528[jobseeker’s benefit] by virtue of section 68(6) F544[or 68(6A)] shall be treated as though it were a period in respect of which F528[jobseeker’s benefit] was paid.
F545[(10) For the purposes of this section, where a person receives a payment in respect of a scheme administered by the Minister and known as the Short Term Enterprise Allowance Scheme in respect of any week of unemployment, which includes any day in respect of which that person is entitled to jobseeker’s benefit, any day of unemployment in that week shall be treated as though it were a day in respect of which jobseeker’s benefit was paid.]
F546[(11) Where a person is in receipt of jobseeker’s benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she—
(a) was born on or after 1 January 1958, and
(b) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.]
Annotations
Amendments:
F528
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.
F529
Substituted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 12(1)(a), commenced as per subs. (2).
F530
Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 41(a), commenced as per s. 1(3).
F531
Substituted (17.12.2008 with retrospective effect from 15.10.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(2)(a), commenced as per subs. (5).
F532
Substituted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 12(1)(b), commenced as per subs. (2).
F533
Inserted (17.12.2008 with retrospective effect from 15.10.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(2)(a), commenced as per subs. (5).
F534
Inserted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 12(1)(c), commenced as per subs. (2).
F535
Deleted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 12(1)(d), commenced as per subs. (2).
F536
Inserted (17.12.2008 with retrospective effect from 15.10.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(2)(b), commenced as per subs. (5).
F537
Inserted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 12(1)(e), commenced as per subs. (2).
F538
Substituted (17.12.2008 with retrospective effect from 15.10.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(2)(c), commenced as per subs. (5).
F539
Substituted (3.04.2013) by Social Welfare Act 2012 (43/2012), s. 12(1)(f), commenced as per subs. (2).
F540
Substituted (20.02.2013) by Social Welfare Act 2012 (43/2012), s. 16(2), S.I. No. 61 of 2013.
F541
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.
F542
Inserted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 4, S.I. No. 550 of 2019.
F543
Inserted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 11, S.I. No. 499 of 2024.
F544
Inserted (30.12.2010) by Social Welfare Act 2010 (34/2010), s. 7(8), S.I. No. 679 of 2010.
F545
Inserted (29.04.2009) by Social Welfare And Pensions Act 2009 (10/2009), s. 5(b), commenced on enactment.
F546
Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 41(b), commenced as per s. 1(3).
Editorial Notes:
E587
Power pursuant to subs. (11)(b) exercised (1.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 13) (Notifications Where Claimant Wishes For Certain Payments To Continue After Attaining Pensionable Age) Regulations 2023 (S.I. No. 689 of 2023), art. 4—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 198A—in effect as per art. 3.
E588
Power pursuant to subs. (7) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 46, in effect as per art. 2.
E589
Previous affecting provision: subs. (4) substituted (17.12.2008 with retrospective effect from 15.10.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 18(2)(b), commenced as per subs. (5); deleted (3.04.2013) as per F-Note above.
E590
Previous affecting provision: subs. (9) amended by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 18(8), not commenced; repealed (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 10, S.I. No. 679 of 2010.
E591
Previous affecting provision: power pursuant to statutory precursor of subs. (7) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 28, in effect as per art. 2; 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.
