1. These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control F1[…]) Regulations 2007.

2. These Regulations come into operation on 29 March 2007.

3. In these Regulations, save where the context otherwise requires—

“academic year” means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;

“adopting parent” has the meaning assigned to it in section 58(1);

F2["adoptive leave" means adoptive leave under the Adoptive Leave Act 1995;]

“court” means a court to which either the Courts of Justice Acts 1924 to 1961, or the Courts (Supplemental Provisions) Acts 1961 to 2000 applies;

“Department” means the Department of Social and Family Affairs;

“Executive” means the Health Service Executive;

“governing contribution year” means the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed;

F2["health and safety leave" means health and safety leave under the Maternity Protection Act 1994;]

“health insurance contract” and “premium” have the meaning assigned to them in Section 2 of the Health Insurance Act 1994 (No. 16 of 1994);

F3["home” means a residential premises situated in the State which is owned and personally used and enjoyed by the person as his or her sole or main residence;]

“housing costs” means, for the purposes of one-parent family payment, rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the qualified parent is, for the time being, residing;

F3[“immediate family member” means, for the purposes of paragraph (i) of article 8(3), paragraph (i) of article 155 and paragraph (o) of article 174 of these Regulations:

(a) a spouse, civil partner, or cohabitant,

(b) a child, son-in-law or daughter-in-law,

(c) a parent, step-parent, mother-in-law or father-in-law,

(d) a brother, sister, step-brother, step-sister, brother-in-law or sister-in-law,

(e) a grandparent or grandchild,

(f) an aunt or uncle, or

(g) a nephew or niece;]

“institution of education” means—

(a) a school,

(b) a college,

(c) a university,

(d) any institution providing a course of instruction approved by the Minister for Education and Science or the Higher Education and Training Awards Council or C.E.R.T. Limited, or

(e) any other institution approved by the Minister;

“local office” means an office of the Department or other place appointed by the Minister as a local office for the purposes of the Principal Act;

“maternity leave” has the meaning assigned to it by section 47(5);

“Member State” means a Member State of the European Communities;

“Minister” means the Minster for Social and Family Affairs;

F4["national framework of qualifications" means the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999 (No. 26 of 1999);]

“the National Health Insurance Acts” means the National Health Insurance Acts 1911 to 1952;

F2["parental leave" means parental leave under the Parental Leave (Amendment) Act 2019;]

F5["parent’s leave" has the meaning assigned to it by section 5(1) of the Parent’s Leave and Benefit Act 2019 (No. 35 of 2019);]

F6[“paternity leave" has the meaning assigned to it by section 6(1) of the Paternity Leave and Benefit Act 2016 (No. 11 of 2016);]

F4["postgraduate course" means, for the purpose of Article 155(db), a course leading to a major higher education and training award at Level 10 (Doctoral Degree) on the national framework of qualifications, or equivalent awards;]

“prison” or “place of detention” means a place to which either the Prisons Acts 1826 to 1980, or the Criminal Justice Act 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State;

“reckonable earnings” has the meaning assigned in article 3 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996);

F3[“residential premises” means a building or part of a building used as a dwelling;]

“responsible authority” means any Court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been committed to a prison or to a place of detention;

“the Act of 1973” means the Social Welfare Act 1973 (No. 10 of 1973);

“the Act of 1994” means the Maternity Protection Act 1994 (No. 34 of 1994);

“the Principal Act” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005);

“the Regulations of 1996” means the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996);

“the Widows’ and Orphans’ Pensions Acts” means the Widows’ and Orphans’ Pensions Acts 1935 to 1952;

“Trade Union” has the meaning assigned to it by section 472C of the Taxes Consolidation Act 1997.

4. In these Regulations, save where the context otherwise requires—

(a) a reference to a Part, Chapter or section is to a Part, Chapter or section of the Principal Act,

(b) a reference to a Schedule is to a Schedule to these Regulations,

(c) a reference to an article is to an article of these Regulations,

(d) a reference to a sub-article is to a sub-article of the article in which the reference occurs,

(e) a reference to a paragraph is to a paragraph of the sub-article or article in which the reference occurs.

5. The Regulations specified in column (2) of Schedule 17 are hereby revoked to the extent specified in column (3) of the said Schedule.

6. Subject to sections 187 and 297, a person who is the spouse, civil partner or cohabitant of a claimant or beneficiary and is being wholly or mainly maintained by that claimant or beneficiary shall be specified to be a qualified adult in relation to that claimant or beneficiary for the purposes of section 2(2)(c) of the Principal Act if he or she is—

(a) in employment or self-employment, or

(b) entitled to or in receipt of F8[payment made to address the adverse economic effects of Covid-19 made by the Minister under section 202 and commonly known as the pandemic unemployment payment, Covid-19 pandemic unemployment payment under section 68L,] disablement benefit under section 75, death benefit under section 83, a payment under section 186A, guardian’s payment (contributory), guardian’s payment (non-contributory) and to no other benefit or assistance (other than supplementary welfare allowance).]

7. (1) Other than a person to whom sections F10[141, 149, 210 and 214] apply, a person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner or a cohabitant of that person where the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8, does not exceed €100.

(2) F11[Subject to sub-article (2A), in the case of] a person to whom sections F10[141, 149, 210 and 214] apply, a person, being one of a couple, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner or a cohabitant of that person.

F12[(2A) Sub-article (2) shall not apply where a person is entitled to or in receipt of jobseeker’s allowance, and their spouse, civil partner, or cohabitant is a participant under a scheme provided by the Minister and known as Community Employment, and their participation commences on or after 1 January 2023.]

(3) Other than a person to whom sections F10[141, 149, 210 and 214] apply, a person, being one of a married couple or of a civil partnership who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner where that spouse or civil partner is not a cohabitant of another person and the weekly income of that spouse or civil partner, calculated or estimated in accordance with article 8, does not exceed €100 and the first-mentioned person is contributing towards the maintenance of his or her spouse or civil partner by a weekly amount which is equal to or in excess of the amount set down in column (3) of Part 1 of Schedule 4 to the Principal Act.

(4) F13[Subject to sub-article (4A), in the case of] a person to whom sections F10[141, 149, 210 and 214] apply, a person, being one of a married couple or of a civil partnership who are not living together, shall be regarded as wholly or mainly maintaining his or her spouse or civil partner where the spouse or civil partner is not a cohabitant of another person and the first-mentioned person is contributing towards the maintenance of his or her spouse or civil partner by a weekly amount which is equal to or in excess of the amount set down in column (3) of Part 1 of Schedule 4 to the Principal Act.

F14[(4A) Sub-article (4) shall not apply where a person is entitled to or in receipt of jobseeker’s allowance, and their spouse, civil partner, or cohabitant is a participant under a scheme provided by the Minister and known as Community Employment, and their participation commences on or after 1 January 2023.]

(5) A person, being—

(a) a single person,

(b) a widow,

(c) a widower,

(d) a married person who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person’s spouse,

(e) a surviving civil partner, or

(f) a civil partner who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner,

shall be regarded as wholly or mainly maintaining another person where that other person, being over the age of 16 years and having the care of one or more than one qualified child of the first-mentioned person, resides with the first-mentioned person and his or her weekly income, calculated or estimated in accordance with article 8, does not exceed €100.

(6) In sub-articles (1) and (2) "couple" means—

(a) a married couple who are living together,

(b) both civil partners of a civil partnership who are living together, or

(c) both cohabitants.]

8. (1) For the purposes of article 7, weekly income shall, subject to this article, be calculated or estimated—

(a) insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of all such earnings received in the previous 2 months where such earnings are received at monthly intervals or in the previous 6 weeks where such earnings are received at weekly or fortnightly intervals,

(b) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the last complete income tax year by 52,

(c) insofar as it consists of income from property (other than property referred to in paragraph (d)) which is invested or otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, by reference to the weekly value of the property, calculated as follows—

(i) the first €20,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000,

(iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000,

(d) insofar as it consists of income from any other source (including rent or any other periodical payment receivable for the possession and use of property in all lands, tenements and hereditaments), by reference to the normal weekly amount of such income.

F15[(1A) In calculating or estimating weekly income under sub-article (1) for the purposes of the payment of an increase in—

(a) State pension (contributory) for a qualified adult payable under Chapter 15 of Part 2 of the Principal Act, or

(b) State pension (transition) for a qualified adult payable under Chapter 16 of Part 2 of the Principal Act,

if it appears that a person in respect of whom such an increase for a qualified adult is being claimed has directly or indirectly deprived himself or herself of any income or property in order that—

(i) an increase in that pension for a qualified adult would be paid in respect of that person, or

(ii) an increase in that pension for a qualified adult would be paid in respect of that person at a higher rate than that which should otherwise have been paid,

that income or the value of that property shall for the purposes of sub-article (1) be taken to be part of the weekly income.

(1B) Sub-article (1A) shall not apply to any assignment—

(a) which is an assignment to a child or children of the assignor, and

(b) which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) and of which the assignor is the owner and the occupier or the occupier only.

(1C) For the purposes of sub-article (1A), where the income or the value of the property taken to be part of a person’s means for the purposes of that sub-article has reduced since the date of calculation, the calculation may be revised, but such a revision shall not cause the income or the value of the property taken to be part of that person’s means to be increased.

(1D) For the purposes of sub-article (1B), ‘assignment’ includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.]

F16[(2) In calculating or estimating the weekly income under sub-article (1), any sums received by way of—

(a) disablement benefit under section 75,

(b) death benefit under section 83,

(c) guardian’s payment (contributory),

(d) guardian’s payment (non-contributory),

(e) a payment under section 186A,

(f) domiciliary care allowance,

(g) child benefit, F17[…]

(h) a payment from the Executive in respect of a child who is boarded out,

F18[(i) pandemic unemployment payment paid under section 202, or

(j) covid-19 pandemic unemployment payment under section 68L,]

shall be disregarded.]

F19[(3) In calculating or estimating the weekly income under sub-article (1), the following items shall be disregarded—

(a) any sums received from compensation awarded—

(i) by the Hepatitis C and HIV Compensation Tribunal,

(ii) by a court of competent jurisdiction to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin Anti-D, whole blood or other blood products,

(iii) by the Residential Institutions Redress Board,

(iv) in relation to disability caused by Thalidomide, or

(v) under the provisions of the Health (Repayment Scheme) Act 2006 to a relevant person within the meaning of that Act,

(b) any payment or payments made directly or indirectly by or on behalf of the Minister for Justice, Equality and Defence to a relevant individual, within the meaning of section 205A of the Taxes Consolidation Act 1997, which has or have been determined in accordance with the Magdalen Commission Report dated May 2013 on the establishment of an ex gratia scheme and related matters for the benefit of those women who were admitted to and worked in the Magdalen Laundries,

F20[(ba) any ex gratia payments—

(i) approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007,

(ii) made under the terms of the Lourdes Hospital Payment Scheme established by the Minister for Health, or

(iii) made under the terms of the Surgical Symphysiotomy ex gratia Scheme established by the Minister for Health and referred to as the Symphysiotomy Payment Scheme,]

F21[…]

F22[(bb) any ex gratia payments made under the Scheme of Compensation for Personal Injuries suffered at the Stardust, Artane on 14 February 1981,

F23[…]]

F24[(bc) any ex gratia payments made by the Minister for Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme,]

F25[(bd) any income derived from the scheme to compensate persons who suffered harm or injury while in the care of Kerry CAMHS in the period 1st July 2016 to 19th April 2021, as identified through the Maskey Report and who have been notified by the Child and Adolescent Mental Health Services,]

(c) any payment made by the Residential Institutions Statutory Fund F26[Board,]]

F27[F28[…]

(d) any payments administered under the aegis of the Minister for Education and Skills and known as the 1916 Bursary F29[Fund,]]

F30[F31[…]

F32[(da) any amount to a maximum of €7,000 per annum from payments made by Uversity and known as Higher Educational Scholarships for Adult Learners,]

F25[(db) any payments made under the Tusla Educational Support for Children in Care and Aftercare Bursary scheme,

(dc) any payments made from the KickStart Scholarship Fund administered by the Probation Service,]

(e) any payments made directly or indirectly by or on behalf of the Minister for Health under the package of support measures established in 2018 for women diagnosed with cervical cancer since F33[2008,]]

F34[(f) any payments made by Sport Ireland under the International Carding Scheme,

F35[…]

(g) any payments made by the Northern Ireland Victim and Survivor Service (VSS) in accordance with the Victims and Survivors (Northern Ireland) Order F36[2006,]]

F25[(ga) any income derived from the Troubles Permanent Disablement Payment Scheme in accordance with the Victims’ Payments Regulations 2020 (2020 No. 103) (Northern Ireland),]

F37[F38[…]

(h) any payments made by the Minister for Education and Skills as part of the School Transport Scheme for Children with Special Educational Needs in the form of the Special Transport F39[Grant,]]

F40[F41[…]

(i) Subject to F42[the cessation of this disregard on 17 March 2025, and] the conditions specified in subparagraphs (i), (ii) and (iii), any income arising to a person in respect of the lawful rental of living accommodation of a room, or rooms, in his or her home to another person or persons, where that other person, or persons have the use of the room or rooms for a period of not less than 28 consecutive days.

(i) The income disregard in this paragraph shall be subject to a maximum of €269.23 per week.

(ii) The income disregard in this paragraph shall apply only as long as the person or persons to whom the use of living accommodation of a room, or rooms have been made available, continue to use the room or rooms.

(iii) The income disregard in this paragraph shall not apply where the income arising to the person is received from an employee or an immediate family member of that F43[person,]]

F44[or

(j) any financial contribution paid by the Minister in accordance with section 8(1) of the Civil Law (Miscellaneous Provisions) Act 2022.]

(4) A deciding officer or appeals officer who, in any case, considers that the periods mentioned in sub-article (1) would not suffice in determining the amount of weekly income, may for the purposes of this article have regard to such other period which appears to the officer to be appropriate for that purpose.

9. Where a claimant or beneficiary of illness benefit, jobseeker’s benefit, F46[jobseeker’s benefit (self-employed),] injury benefit, or incapacity supplement under Part 2 of the Principal Act or jobseeker’s allowance, pre-retirement allowance, disability allowance or farm assist under Part 3 of the Principal Act would be entitled to an increase in respect of—

(a) his or her spouse,

(b) his or her civil partner, or

(c) a cohabitant of that claimant or beneficiary,

but for the fact that the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8—

(i) exceeds the limit prescribed in article 7, and

(ii) does not exceed the highest amount specified in column (1) of Schedule 1 to these Regulations,

an increase in that benefit, allowance, assistance or supplement, as the case may be, shall be paid at the weekly rate set out in column (2) of the said Schedule opposite the relevant band of income in column (1) that corresponds to the said weekly income.]

10. F48[Subject to articles 62, 62A, 62B, 65, 65A, 65B, 70A, 71 and 71A,] where a claimant or beneficiary of State pension (contributory) or State pension (transition) under Part 2 of the Principal Act would be entitled to an increase in respect of—

(a) his or her spouse,

(b) his or her civil partner, or

(c) a cohabitant of that claimant or beneficiary,

but for the fact that the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8—

(i) exceeds the limit prescribed in article 7, and

(ii) does not exceed the highest amount specified in column (1) of Schedule 2 or 3 to these Regulations, as appropriate,

an increase in pension shall be paid—

(I) in the case of a person to whom sections 109(18), 109(19) or 113 applies, and whose spouse, civil partner or cohabitant, as the case may be, has not attained pensionable age, at half the weekly rate set out in column (2) of Schedule 3 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income,

(II) in the case of any other claimant or beneficiary whose spouse, civil partner or cohabitant, as the case may be, has not attained pensionable age, at the weekly rate set out in column (2) of Schedule 3 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income,

(III) in the case of a person to whom sections 109(18), 109(19) or 113 applies, and whose spouse, civil partner or cohabitant, as the case may be, has attained pensionable age, at half the weekly rate set out in column (2) of Schedule 2 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income,

(IV) in the case of any other claimant or beneficiary whose spouse, civil partner or cohabitant, as the case may be, has attained pensionable age, at the weekly rate set out in column (2) of Schedule 2 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income.]

11. Where a claimant or beneficiary of invalidity pension under Part 2 of the Principal Act would be entitled to an increase in respect of—

(a) his or her spouse,

(b) his or her civil partner, or

(c) a cohabitant of that claimant or beneficiary,

but for the fact that the weekly income of that spouse, civil partner or cohabitant, as the case may be, calculated or estimated in accordance with article 8—

(i) exceeds the limit prescribed in article 7, and

(ii) does not exceed the highest amount specified in column (1) of Schedule 4 to these Regulations,

an increase in pension shall be paid—

(I) in the case of a claimant or beneficiary whose spouse, civil partner or cohabitant, as the case may be, has not attained pensionable age, at the weekly rate set out in column (2) of Schedule 4 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income, or

(II) in the case of a claimant or beneficiary whose spouse, civil partner or cohabitant, as the case may be, has attained pensionable age, at the weekly rate set out in column (3) of Schedule 4 opposite the relevant band of income in column (1) of that Schedule that corresponds to the said weekly income.]

12. (1) The weekly income prescribed for the purposes of sections 43(4), 56(4), 66(4), 76(4), 77A(3), 102(3), 112(3A), 117(3A) and 122(3A), as calculated or estimated in accordance with article 8, shall be €400.

(2) Sub-article (1) shall not apply in the case of—

(a) any claim for carer’s benefit, State pension (transition) or invalidity pension which is made before 5 July 2012, and

(b) any claim for State pension (contributory) which is made before 6 July 2012.]

13. (1) In this article—

“benefit” or “assistance” means any such payments under Parts 2 or 3 (other than guardian’s payment (contributory), death benefit by way of orphan’s pension, guardian’s payment (non-contributory), one-parent family payment or supplementary welfare allowance);

“parent” means a parent or step-parent.

(2) The person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with this article.

(3) A qualified child shall, subject to sub-articles (4) to (11), be regarded as normally residing with his or her parents.

(4) A qualified child who is resident with one parent only, shall be regarded as normally residing with that parent and with no other person provided that, where that parent is a member of a household, that the parent so elects.

F51[(5) Notwithstanding that a qualified child does not reside with one of his or her parents, the qualified child may be regarded as normally residing with the parent who—

(a) has custody of the qualified child, and

(b) is contributing substantially to the maintenance of the qualified child.]

(6) Notwithstanding the provisions of sub-article (4), a qualified child resident with one parent who is living apart from the other parent and who is not claiming or in receipt of benefit or assistance shall be regarded as residing with the other parent if that other parent is contributing substantially to the child’s maintenance.

(7) If one parent dies, a qualified child shall be regarded as normally residing with the other parent provided that that parent is maintaining the child.

(8) Where the normal residence of a qualified child falls to be determined under sub-article (6) or (7), and the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child or failed to contribute substantially to the child’s maintenance, sub-article (6) or (7) shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with sub-article (9).

(9) A qualified child, whose normal residence does not fall to be determined under the foregoing sub-articles, shall be regarded as normally residing with the head of the household of which the child is normally a member and with no other person.

(10) A qualified child who is a refugee within the State from another country shall be regarded as normally residing with the head of the household of which the child is for the time being a member and with no other person.

(11) Where a qualified child is resident in an institution, the child shall be regarded as normally residing only with the person (if any) who contributes towards the cost of the child’s maintenance in the institution, and with whom the child would, under this article, be regarded as normally residing, if the child were not resident in an institution.

14. (1) Subject to sub-articles (2), (3) (4) and (5), for the purposes of F52[sections 2(3) and 178B(3)], F53[and for the purposes of Chapters 12 and 12A of Part 2,] a person shall be regarded as receiving full-time education while he or she is attending on a full-time basis a course of full-time instruction by day at an institution of education.

(2) For the purposes of sub-article (1), a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction—

(a) provided or approved by F54[An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS)] and in respect of which an allowance is payable, but excluding a course known as Youthreach,

(b) which forms part of an employment or work experience programme,

(c) which arises from employment,

(d) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or

(e) a course of training or instruction provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.

(3) For the purposes of sub-article (1), a person shall be regarded as continuing to receive full-time education—

(a) for periods during an academic year when that person is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and

(b) for the period immediately following the completion by that person of part of a cycle of education, where such part finishes between 1 May and 30 June in an academic year, up to and including the 3rd Sunday of the next following October or an earlier date if the beneficiary so elects.

(4) Sub-article (3)(b) shall not apply to a person who completes the final part of a cycle of education, other than the final part of a cycle approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission, and terminates his or her attendance at an institution of education.

(5) In this article “beneficiary” means a person in receipt of or entitled to an increase in any benefit or assistance in respect of a qualified child who is of or over the age of 18 years and under the age of 22 years.

(6) Subject to sub-articles (7) and (8), for the purposes of section 2(6), a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education while he or she is attending a full-time day course of study, instruction or training at an institution of education other than a course of study, training or instruction referred to in paragraphs (a) to (e) of sub-article (2).

(7) For the purposes of sub-article (6) a person shall be regarded as continuing to attend a full-time day course of study, instruction or training at an institution of education for periods immediately following the completion by that person of part of a cycle of second level education, where such part finishes on any date between 1 May and 30 June, up to and including the next following 1 September, except where a person completes the final part of a cycle of second level education or where that person terminates second level education.

(8) For the purposes of sub-article (7) “cycle of second level education” means a cycle of education approved by the Minister for Education and Science for the Leaving Certificate Examination of the State Examinations Commission.

F55[(9) This article shall not apply to a person who, but for sections 68A or 68K(2) would otherwise qualify for jobseeker’s benefit or jobseeker’s benefit (self-employed) from the date that person attains the age of 65 years where that person is a person—

(a) who, prior to that that date had commenced in full-time education or a course of study within the meaning of section 148(2), or

(b) who, on or after that date, commences full-time education or a course of study within the meaning of section 148.]

15. (1) Subject to F56[sub-articles (1A) and] (2), a person shall, for the purposes of F57[Chapters 12 and 12A] of Part 2 and Chapter 2 of Part 3, be regarded as being available for employment, if he or she can show to the satisfaction of the Minister, that he or she is willing and able, at once, to take up an offer of suitable full-time employment.

F58[(1A) For the purposes of sections 62(5)(a)(ii) and (iii) and 68C(2), a person who has attained the age of 65 years who would otherwise qualify for jobseeker’s benefit or jobseeker’s benefit (self-employed), shall be exempt from being required to be available for employment and genuinely seeking work, and this article shall not apply to such a person.]

(2) F59[Subject to sub-article (4), a person shall not be regarded] as being available for employment if he or she imposes unreasonable restrictions on—

(a) the nature of the employment,

(b) the hours of work,

(c) the rate of remuneration,

(d) the duration of the employment,

(e) the location of the employment, or

(f) other conditions of employment

he or she is prepared to accept.

(3) In determining what constitutes suitable full-time employment for the purposes of sub-article (1), regard shall be had to the following—

(a) the skills, qualifications and experience of the person concerned,

(b) the period for which the person has been unemployed, and

(c) the availability of employment vacancies within travelling distance of his or her residence.

F60[(4) For the purposes of sub-article (2)(e), employment as a retained fire fighter shall not be regarded as an unreasonable restriction where that person is available for—

(a) employment which is additional to his or her employment as a retained fire fighter and which would not necessitate cessation of the employment as a retained fire fighter, and/or

(b) alternative employment which would necessitate cessation of the employment as a retained fire fighter.]

16. (1) F61[Subject to sub-article (1A), for] the purposes of F62[Chapters 12 F63[, 12A and 12B]] of Part 2 and Chapter 2 of Part 3, a person shall be regarded as genuinely seeking employment if he or she can show, to the satisfaction of the Minister, that he or she has, in the relevant period, taken reasonable steps which offer him or her the best prospects of obtaining employment.

F64[(1A) This article shall not apply to a person who, but for sections 62(7) and 68C(2) would otherwise qualify for jobseeker’s benefit or jobseeker’s benefit (self-employed), where that person is a person who has attained the age of 65 years.]

(2) For the purpose of sub-article (1) “steps” shall include—

(a) applications for employment made to persons—

(i) who have advertised the availability of employment, or

(ii) who appear to be in a position to offer employment,

(b) seeking information on the availability of employment from—

(i) employers,

(ii) advertisements,

(iii) persons who have placed advertisements which indicate that employment is available, or

(iv) employment agencies,

(c) availing of reasonable opportunities for training which is suitable in his or her circumstances,

F65[(d) acting on advice given by an officer of the Minister or other placement service concerning the availability of employment, and]

(e) taking steps towards establishing F66[or re-establishing] himself or herself in self-employment.

(3) For the purpose of this article, the taking of one step on a single occasion during the relevant period shall not be sufficient unless taking that step on that occasion, in that period, is all that is reasonable for the person concerned to do.

(4) F67[Subject to sub-article (4A), in] determining for the purposes of this article whether, in a relevant period, a person has taken the steps which are reasonable in his or her case, regard shall be had to his or her circumstances, including in particular—

(a) his or her skills, qualifications and experience,

(b) the steps which he or she has taken previously to seek employment,

(c) the availability and location of vacancies for employment,

(d) the duration of his or her period of unemployment, and

(e) his or her family circumstances.

F68[(4A) In addition to the factors specified in sub-article (4) in the case of a person in receipt of Covid-19 pandemic unemployment payment, due regard shall also be had to the factors specified in paragraphs (a) and (b) of this sub-article in determining whether, in a relevant period, that person has taken steps which are reasonable in his or her case—

(a) his or her normal occupation immediately prior to the onset of Covid-19 was an occupation where, due to ongoing public health restrictions related to Covid-19, the opportunity to work in that occupation is temporarily curtailed and where that person has a reasonable expectation of employment in that occupation within a period of 12 months from the date on which they first claimed Covid-19 pandemic unemployment payment, or

(b) he or she has a reasonable expectation that he or she will return to their previous employment within 12 months of first claiming the Covid-19 pandemic unemployment payment.

(4B) (1) Where the circumstances specified in paragraph (a) of sub-article (4A) apply, a person shall not be required to seek employment outside of that occupation for the period during which they are in receipt of Covid-19 pandemic unemployment payment.

(2) Where the circumstances specified in paragraph (b) of sub-article (4A) apply, a person shall not be required to seek employment where he or she has a reasonable expectation of returning to their previous employment.]

(5) For the purposes of this article, “relevant period” means the period in respect of which the person concerned has made a declaration in accordance with articles 52 F69[, 52G] and F70[118, or as the case may be, the period in which Covid-19 pandemic unemployment payment is claimed in accordance with section 68L of the Act.]

17. The Minister shall pay such reasonable and necessary travelling and other expenses, as he or she may determine, which are incurred by a person who is required to attend for medical or other examination under—

(a) article 24(2),

(b) article 34(1),

(c) article 58(1),

(d) article 78(1),

(e) article 135(1), or

(f) article 171(1).

18. In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts into account under article 61(2) or article 69(2), every 2 such contributions under those Acts shall be reckoned as 3 contributions paid, with any odd contribution being reckoned as 2 contributions paid.

19. (1) Subject to sub-article (2), for the purposes of section 2(3)(b)(ii), (iii), (iv) and (v), any periods during which the applicant was previously entitled to or in receipt of a relevant payment may be taken into account in calculating the 156 days, provided that not more than 13 weeks has elapsed since the applicant’s last relevant payment.

(2) Periods referred to in sub-article (1) during which the applicant was entitled to or in receipt of a relevant payment will only be taken into account where successive periods are not separated by more than 13 weeks.

(3) In this article “relevant payment” has the meaning assigned to it by section 2(4).

20. (1) For the purposes of Chapter 8 of Part 2, and for no other purpose, a person who is not incapable of work shall, if it is so decided under the provisions of the Principal Act, be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day when—

(a) he or she is under medical care in respect of such a disease or disablement and it is certified by a registered medical practitioner that by reason of such disease or disablement he or she should abstain from work and he or she does not work, or

(b) he or she is a probable source of infection with a disease specified in regulations under the Health Act 1947 (No. 28 of 1947), to be an infectious disease and he or she abstains from work in pursuance of a written order or written advice of a registered medical practitioner.

(2) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does not work on that day shall be deemed to be so incapable throughout that day.

20A. For the purposes of Chapter 8 of Part 2, and for no other purpose, a day or days may be deemed to be a day or days of incapacity for work, and form part of a period of interruption of employment of a person, if it is a day or days falling immediately after the end date of a period of incapacity for work as determined in accordance with article 20.]

21. For the purposes of Chapter 8 of Part 2, F72[and subject to article 20A,] a day shall not be treated as a day of incapacity, for work if it is a day in respect of which a person—

(a) fails to prove to the satisfaction of the Minister that he or she is incapable of work, or

(b) is being paid by her employer in respect of health and safety leave in accordance with section 18(4) of the Act of 1994, or

(c) does any work other than work of the nature specified in articles 24(3) and (4).

22. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall be regarded, for the purposes of Chapter 8 of Part 2, as being, by virtue of such employment, employed—

(a) where the first day is a Monday, Tuesday, Wednesday, Thursday or Friday and the employment on the first day is longer than that on the second, or where the first day is a Saturday, he or she shall be regarded as being employed only on the first day, or

(b) in any other case, he or she shall be regarded as being employed only on the second day.

(2) Where by virtue of the provisions of sub-article (1), a person—

(a) is to be treated as having been employed on 1 day only of 2 days, and

(b) throughout that part of the other of those 2 days during which that person is incapable of work,

that person shall, for the purposes of Chapter 8 of Part 2, be deemed to be so incapable of work throughout that other of those 2 days.

(3) Where by virtue of the provisions of sub-article (1), a person—

(a) is to be treated as having been employed on the second day only of 2 days, and

(b) throughout the day immediately preceding the first of those 2 days is incapable of work,

that person shall, for the purposes of Chapter 8 of Part 2, be deemed to be so incapable of work throughout the first of those 2 days.

23. Notwithstanding anything contained in article 21, a person who, in respect of any period of interruption of employment, would have been entitled to illness benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall for the purposes of section 44 be treated as having been entitled to illness benefit for that day, 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 illness benefit for that day, to avoid the necessity of re-qualifying for benefit under the said section.

24. (1) A person shall be disqualified for receiving illness benefit for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she—

(a) has become incapable of work through his or her own misconduct,

(b) fails without good cause to attend for, or to submit himself or herself to, medical or other examination in accordance with sub-article (2),

(c) fails without good cause to—

(i) comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or to whom he or she attended for medical or other examination,

(ii) refrain from behaviour which is likely to hinder his or her recovery,

F73[(iii) see an officer of the Minister or a medical assessor and to answer any reasonable enquiries by any such officer or medical assessor relating to his or her claim for illness benefit.]

(2) (a) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to illness benefit to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.

(b) Notice of the time and place of the examination referred to in paragraph (a) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.

F74[(3) Notwithstanding section 46(1A), a person shall not be disqualified for receipt of illness benefit where that person, having become incapable of following his or her normal occupation and with the prior written permission of an officer of the Minister, undertakes a course of training for a specified period of time with a view to taking up some other occupation.

(3A) Notwithstanding section 46(1A), where a person has—

(a) received the prior written permission of an officer of the Minister, and

(b) is in receipt of illness benefit immediately before 13 February 2012 while also engaged in part-time work in the nature of rehabilitation or occupational therapy,

that person may continue to receive illness benefit for the unexpired portion of the period of time specified in that written permission which occurs on or after 13 February 2012, if that person continues, during the unexpired portion of such specified period, to satisfy the conditions for entitlement to illness benefit.]

(4) A person may engage in the following limited work without prior written permission or specified period of time

(a) light work for which no remuneration is, or would normally be, payable,

(b) work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,

(c) work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.

25. For the purpose of reckoning periods of interruption of employment, and for that purpose only, any day in respect of which a person is entitled to and is in receipt of maternity benefit shall be treated as a day of incapacity for work.

26. (1) For the purposes of section 41(1)(c)—

F75[(a) the prescribed period, other than in the case of a person to whom section 41(1)(c)(ia) applies, shall be the governing contribution year,

(aa) the prescribed period for section 41(1)(c)(ia) shall be—

(i) the governing contribution year, or

(ii) the governing contribution year applicable to the illness benefit claim referred to in clause (II) of section 41(1)(c)(ia),

whichever is the more favourable,]

(b) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and

(c) in the case of a claim where—

(i) the period of interruption of employment commenced before 29 December 2003, the prescribed amount shall be €88.87, and

F76[(ii) the period of interruption of employment commenced on or after 29 December 2003 and before 5 January 2009, the prescribed amount shall be €149.99, and

(iii) the period of interruption of employment commenced on or after 5 January 2009, the prescribed amount shall be €300.00.]

(2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than €32.00, as calculated in accordance with sub-article (1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.

(3) In the case of a claimant whose claim, by virtue of having been entitled to or in receipt of illness benefit or jobseeker’s 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, the provisions of this article shall not have the effect of reducing the rate of illness benefit payable below that to which he or she was previously entitled.

F77[(4). Where a claimant becomes entitled to illness benefit by virtue of solely having qualifying contributions under Chapter 6A of Part 2 of the Principal Act, that person shall satisfy the condition in sub-article (1)(c)(iii) to have weekly earnings or weekly income in excess of the prescribed amount of €300 in the governing contribution year, where the governing contribution year is 2021.]

27. Where a claimant would be entitled to illness benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for illness benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in article 26(1)(c), the following provisions shall apply—

(a) where, in the case of a claim to illness benefit where the period of interruption of employment commenced before 29 December 2003, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 5, there shall be entitlement to illness benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

F78[(b) where, in the case of a claim to illness benefit where the period of interruption of employment commenced on or after 29 December 2003 and before 5 January 2009, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6, there shall be entitlement to illness benefit payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(ba) where, in the case of a claim to illness benefit where the period of interruption of employment commenced on or after 5 January 2009, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6A, there shall be entitlement to illness benefit payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,]

(c) (i) any increase of illness benefit payable under section 43(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said F79[Schedules 5, 6 or 6A] as the case may be, and

(ii) any increase of illness benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule, and

(d) any increase of illness benefit in respect of a qualified child, payable under section 43(2), shall be the same as if the condition as respects the reckonable weekly earnings or reckonable weekly income had been fully satisfied.

28. Where a claimant would be entitled to illness benefit but for the fact that he or she does not satisfy the requirement contained in section 41(1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he or she shall be entitled to benefit if he or she—

(a) has qualifying contributions in respect of at least 13 contribution weeks in either of the 2 contribution years preceding the governing contribution year or in a subsequent contribution year,

(b) was immediately before claiming illness benefit in receipt of jobseeker’s allowance and was a person to whom section 142(1)(a) applied, or

(c) was immediately before claiming illness benefit in receipt of—

(i) pre-retirement allowance, or

(ii) invalidity pension, or

(d) was, immediately before claiming illness benefit—

(i) in receipt of carer’s benefit or carer’s allowance,

(ii) a prescribed relative within the meaning of section 179 and in respect of whom an allowance is payable,

(iii) providing full-time care to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance.

28A. (1) For the purposes of section 46A(1)(b), a person shall be regarded as having a profound restriction on his or her capacity for work where that person has a residual capacity for work which is not more than a quarter of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.

(2) In assessing whether a person has a profound restriction on his or her capacity for work for the purposes of section 46A(1)(b), a deciding officer shall have regard to any one or more of the following—

(a) the opinion of a medical assessor,

(b) medical evidence furnished by a registered medical practitioner,

(c) the claimant’s own assessment of his or her capacity for work, or

(d) any other relevant material evidence.]

28B. (1) For the purposes of section 46A(4), a person shall be regarded as having a mild restriction on his or her capacity for work where that person has a capacity for work which is not materially different to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.

(2) In assessing whether a person has a mild restriction on his or her capacity for work for the purposes of section 46A(4), a deciding officer shall have regard to any one or more of the following—

(a) the opinion of a medical assessor,

(b) medical evidence furnished by a registered medical practitioner,

(c) the claimant’s own assessment of his or her capacity for work, or

(d) any other relevant material evidence.]

28C. (1) Where a person would be entitled to partial capacity benefit but for the fact that he or she does not satisfy the requirement specified in section 46A(1)(b) that he or she has a profound restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, he or she shall be entitled to partial capacity benefit where he or she has—

(a) a severe restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, or

(b) a moderate restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.

(2) For the purposes of sub-article (1)(a), a person shall be regarded as having a severe restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work where that person—

(a) has a residual capacity for work which is not more than a half of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, and

(b) has not been assessed as having a profound restriction on his or her capacity for work.

(3) For the purposes of sub-article (1)(b), a person shall be regarded as having a moderate restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work where that person—

(a) has a residual capacity for work which is not more than four fifths of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, and

(b) has not been assessed as having a profound or a severe restriction on his or her capacity for work.

(4) In assessing whether a person has a severe or moderate restriction on his or her capacity for work for the purposes of this article, a deciding officer shall have regard to any one or more of the following—

(a) the opinion of a medical assessor,

(b) medical evidence furnished by a registered medical practitioner,

(c) the claimant’s own assessment of his or her capacity for work, or

(d) any other relevant material evidence.

(5) Where a person qualifies for partial capacity benefit under this article, benefit shall be paid in accordance with Schedule 7A.]

28D. (1) In the case of a person to whom section 46A(1)(c)(ii) applies, not being a person to whom section 46C(3)(a)(ii) applies—

(a) where that person has been assessed as having the same restriction on his or her capacity for work as had been assessed in relation to the period of entitlement to partial capacity benefit immediately before the date of exhaustion of the previous period of entitlement, partial capacity benefit shall be paid at the same rate as had been paid immediately before the exhaustion of that period of entitlement to benefit,

(b) where that person has been assessed as having a different restriction on his or her capacity for work from that which had been assessed in relation to the period of entitlement to partial capacity benefit immediately before the date of exhaustion of the previous period of entitlement, partial capacity benefit shall be paid at the rate of benefit that would have been paid immediately before the exhaustion of the previous period of entitlement to benefit in accordance with—

(i) the revised restriction on that person’s capacity for work, and

(ii) that person’s other circumstances.

(2) Notwithstanding sub-article (1)—

(a) any change in circumstances that would have resulted in a variation in the rate of illness benefit, invalidity pension or partial capacity benefit payable, if that person had continued receiving the said benefit or pension, or

(b) any general variation in the weekly rates of benefits, pensions, allowances or supplements under the Principal Act,

shall have similar effect in relation to the rate of partial capacity benefit payable in accordance with this article.]

28E. (1) The rate of partial capacity benefit shall be determined in accordance with this article in the case of a person who, having initially qualified for partial capacity benefit by virtue of section 46A(1)(c)(i)(I), subsequently continues to qualify for partial capacity benefit by virtue of being deemed to satisfy the qualifying conditions for invalidity pension in accordance with section 46C(3)(b).

(2) The rate of partial capacity benefit payable in accordance with this article shall be the rate of invalidity pension that would have been appropriate to that person’s circumstances at the time that person is deemed to have satisfied the qualifying conditions for invalidity pension, reduced, where appropriate, in accordance with article 28C.

(3) Notwithstanding sub-article (2)

(a) any subsequent change in circumstances that would have resulted in a variation in the rate of invalidity pension or partial capacity benefit payable, if that person had continued receiving the said benefit or pension, or

(b) any general variation in the weekly rates of benefits, pensions, allowances or supplements under the Principal Act,

shall have similar effect in relation to the rate of partial capacity benefit payable in accordance with this article.]

28F. Where a person qualifies for partial capacity benefit by virtue of article 28D, the maximum period for which that benefit shall be paid shall be—

(a) 104 weeks in the case of a person F87[who has] a severe restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, and

(b) 52 weeks in the case of a person F87[who has] a moderate restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.]

28G. (1) A person shall be disqualified for receiving partial capacity benefit for such period not exceeding 9 weeks if he or she fails without good cause to—

(a) attend for, or submit to, any medical or other examination in accordance with sub-article (2),

(b) comply with any medical advice and instructions provided by a registered medical practitioner relating to his or her incapacity,

F89[(c) see an officer of the Minister or a medical assessor and to answer any reasonable enquiries by any such officer or medical assessor relating to his or her claim for partial capacity benefit.]

(2) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to partial capacity benefit to submit himself or herself to medical or other examination at such time and place as may be specified in the notice.

(3) Notice of the time and place of the examination referred to in sub-article (2) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination.]

28H. F91[…]]

28I. In this Chapter—

"medical officer of health" has the same meaning as it has in the Health Act 1947;

"Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations.]

28J. For the purpose of Chapter 8 of Part 2, and for no other purpose, a person who is not incapable of work shall, if it is so decided under the provisions of the Principal Act, be deemed to be incapable of work by reason of a specified infectious disease by virtue of—

(a) being certified in accordance with article 28Q by a registered medical practitioner as being a person who is a probable source of infection of Covid-19,

(b) having been notified by a medical officer of health that he or she is a probable source of infection of Covid-19, or

(c) being a person in respect of whom an order under section 38A(1) of the Health Act 1947 is in force.]

28K. Where a claimant is a person to whom section 40(7) applies and who would be entitled to illness benefit but for the fact that he or she does not satisfy the contribution conditions contained in section 41(1), he or she shall be entitled to benefit if, immediately before claiming illness benefit, he or she—

(a) is an employed contributor who—

(i) has qualifying contributions in respect of not less than 1 contribution week in the 4 weeks immediately before claiming illness benefit, and

(ii) has not engaged in employment since the date of his or her claim for illness benefit,

or

(b) is a self-employed contributor, or has verified that he or she was self-employed immediately before claiming illness benefit by making a declaration, in such form as the Minister may determine or consider appropriate having regard to the circumstances, whether in writing, by means of an electronic communication or in another manner, that he or she—

(i) was engaged in self-employment immediately before claiming illness benefit,

(ii) has not engaged in self-employment since the date of his or her claim for illness benefit, and

(iii) will have reckonable income in the current contribution year and will be liable for the payment of a self-employment contribution under section 21.]

28L. Where a claimant is a person to whom section 40(7) applies and has claimed illness benefit he or she must—

(a) not be carrying out his or her employment or self-employment,

(b) be following medical advice, and

(c) be following relevant guidelines set out by the Executive in relation to the specified infectious disease.]

28M. Where a claimant is entitled to illness benefit in respect of any day of incapacity arising from their being a person to whom subsection 40(7) applies, he or she—

(a) shall not be entitled to benefit in respect of any day of incapacity for work, if he or she is entitled to full wages, salary, or paid sick leave under a contract of employment, in respect of any such day, and

(b) shall be entitled to a reduced rate or reductions in the rate of illness benefit in respect of any day of incapacity for work, if he or she is entitled to reduced wages, salary, or paid sick leave, for those same days, which is less than the rate of illness benefit to which he or she would otherwise be entitled.]

28N. Where a claim for illness benefit is made by an employed contributor in respect of any day of incapacity arising from being a person to whom subsection 40(7) applies, his or her employer shall, on being so required by an officer of the Minister, furnish to the Minister the following information relating to the employee—

(a) the nature of his or her employment,

(b) the total amount of paid sick leave paid to the employee from his or her employment with the employer in respect of any period,

(c) the total number of hours worked by the employee in that employment in any period, and

(d) any other relevant information that may be required by the said officer.]

28O. The weekly rate of benefit to be paid for the purposes of section 40(11) shall be the rate of Illness Benefit as set out in Column 2 of Part 1 of Schedule 2, increased F100[to €350.]]

28P. For the purpose of section F102[40(7)] the prescribed period shall be—

(a) a maximum of ten weeks in the case of a person to whom section 40(7)(a)(i) applies, and

(b) F103[a maximum of] two weeks in the case of any other person to whom section 40(7) applies.]

28Q. (1) For the purposes of section 40(7)(a) the prescribed manner for certification of the nature and extent of a relevant person’s incapacity by a medical practitioner shall be in the form for the time being approved by the Minister.

(2) For the purposes of sections 40(7)(b) and 40(7)(d) the prescribed manner for notification by a medical officer of health that a relevant person is a probable source of infection of a specified infectious disease shall be in the form for the time being approved by the Minister.

(3) For the purposes of section 40(7)(c) the prescribed manner for notification by a person who declares they are a probable source of infection of a specified infectious disease shall be in the form for the time being approved by the Minister.]

28R. A person may be disqualified from receiving illness benefit in respect of absences from employment arising from their being a person to whom section 40(7) applies where—

(a) the person fails without good cause to comply with instructions relating to the infectious disease issued by a registered medical practitioner or the Executive, or

(b) the person engages in employment, self-employment or training.]

29. (1) The expected week of confinement to be specified in any certificate pursuant to section 47(1)(a) shall not be more than 16 weeks after the week in which the certificate is given.

(2) Where in respect of a claim to maternity benefit it is certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that a woman has been confined, and no such certificate as is referred to in paragraph (a) of section 47(1) has been given, the said paragraph shall for the purpose of that claim, be modified and shall apply as if the said paragraph required that it had been certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that the woman concerned had been confined.

(3) In the case of a woman to whom sub-article (2) applies, maternity benefit shall, subject to article 35, be payable for such 24 week period as may be determined by a deciding officer.

30. (1) Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to the postponement of maternity leave under the provisions of sections 14B or 16B (as inserted by sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Act of 1994.

(2) Subject to sub-article (3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed maternity leave under the provisions of sections 14B or 16B of the Act of 1994.

(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to maternity leave, maternity benefit shall be paid—

(a) in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and

(b) for the duration of the remaining period of maternity benefit to which that person is entitled, subject to a maximum of 12 weeks.

(4) The maximum period for which maternity benefit may be postponed under the provisions of this article is 6 months.

31. (1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to maternity benefit where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied.

(b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.

(2) (a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to maternity benefit in respect of any claim made in the benefit year in which the person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 48 are not satisfied.

(b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the first day of maternity leave.

32. (1) The income tax year prescribed for the purposes of section 49 shall be the second last complete income tax year before the beginning of the benefit year in which the first day of maternity leave occurs.

(2) The amount prescribed for the purposes of F106[section 49(1)(a)(iii)] shall be F107[€217.80].

33. For the purposes of section 49(2), the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of a woman in any income tax year shall be calculated as her total reckonable earnings, reckonable emoluments and reckonable income for that income tax year, divided by the number of employment contributions and self-employment contributions in the said income tax year, up to a maximum of F108[€327.50].

34. (1) Where any question arises as to the validity of a certificate by virtue of which a woman claims or is entitled to maternity benefit, she shall, unless the confinement has already occurred, on receipt of not less than 3 days notice in writing given by an officer of the Minister, submit herself to medical examination at such time and place as may be specified in the notice with a view to obtaining a further certificate.

(2) Notice of the time and place of the medical examination referred to in sub-article (1) shall also be sent to the registered medical practitioner (if any) who is attending the woman required to submit herself to such examination.

35. F109[(1) Subject to sub-article (2), a woman shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the woman engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 to the Principal Act or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1 to the said Act.

(2) A disqualification referred to in sub-article (1) shall—

(a) commence not earlier than the first day on which the woman engages in any employment referred to in sub-article (1),

(b) not apply for the day on which the confinement occurs where a woman engages in such employment before the confinement, and

(c) cease, for any day after the confinement where the woman no longer engages in said employment.]

(3) Subject to sub-article (4), a person shall be disqualified for receiving maternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the person fails without good cause to attend for or to submit herself to medical examination in accordance with article 34(1).

(4) A disqualification referred to in sub-article (3) shall—

(a) commence not earlier than the day on which the failure occurs,

(b) not apply for the day on which the confinement occurs in the event of the person being confined after such failure, and

(c) cease, for any day after the confinement where the person submits herself to medical examination in accordance with article 34(1).

36. (1) For the purposes of section 53(1)(b)—

(a) the prescribed period shall be the second last complete contribution year before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed,

(b) subject to sub-article (2), the prescribed reckonable weekly earnings shall be calculated as the total reckonable earnings in the prescribed period divided by the number of qualifying contributions in the said period, and

(c) in the case of a claim where—

F110[(i) the period of health and safety leave commenced on or after 29 December 2003 and before 5 January 2009, the prescribed amount shall be €149.99, and

(ii) the period of health and safety leave commenced on or after 5 January 2009, the prescribed amount shall be €300.00.]

(2) In the case of a claimant whose reckonable earnings, if any, are less than €32.00, as calculated in accordance with sub-article (1), she shall be deemed to have reckonable weekly earnings of €32.00.

37. Where a claimant would be entitled to benefit but for the fact that her reckonable weekly earnings do not exceed the amount prescribed in article 36(1)(c), the following provisions shall apply—

F111[(a) where, in the case of a claim to health and safety benefit where the period of interruption of employment commenced on or after 29 December 2003 and before 5 January 2009, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6, there shall be entitlement to health and safety benefit payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

(b) where, in the case of a claim to health and safety benefit where the period of interruption of employment commenced on or after 5 January 2009, the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6A, there shall be entitlement to health and safety benefit payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,]

(c) any increase of health and safety benefit in respect of a qualified adult, payable under section 56(1) shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said F112[Schedules 6 or 6A] as the case may be, and

(d) any increase of health and safety benefit in respect of a qualified child, payable under section 56(2) shall be the same as if the condition regarding reckonable weekly earnings had been fully satisfied.

38. In this Chapter “relevant day” has the meaning assigned to it by section 59(2).

39. (1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to adoptive benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 are not satisfied.

(b) For the purposes of paragraph (a) the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.

(2) (a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to adoptive benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 59 are not satisfied.

(b) For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.

40. (1) The income tax year prescribed for the purposes of section 60 shall be the second last complete income tax year before the beginning of the benefit year in which the relevant day occurs.

(2) The amount prescribed for the purposes of F113[section 60(1)(a)(iii)] shall be the amount specified in article 32(2).

41. For the purposes of section 60(2) the average amount of reckonable weekly earnings, reckonable weekly emoluments and reckonable weekly income of an adopting parent in any income tax year shall be calculated as that parent’s total reckonable earnings, reckonable emoluments and reckonable income for that income tax year divided by the number of employment contributions or self-employment contributions in the said income tax year, up to the amount specified in article 33.

F114[42. (1) Subject to sub-article (2), an adopting parent shall be disqualified for receiving adoptive benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the adopting parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 to the Principal Act or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1 to the said Act.

(2) A disqualification referred to in sub-article (1) shall commence not earlier than the first day on which the adopting parent engages in any employment referred to in sub-article (1).]

43. (1) Subject to this article, a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may postpone the payment of adoptive benefit where the claimant is an employed contributor and it is certified by that person’s employer that the claimant is entitled to the postponement of adoptive leave under the provisions of section 11C (as inserted by section 9 of the Adoptive Leave Act 2005 (No. 25 of 2005)) of the Adoptive Leave Act 1995.

(2) Subject to sub-article (3), a claimant, upon written request to the Minister, in the form for the time being approved by the Minister, may be entitled to resume the payment of adoptive benefit where the claimant is an employed contributor and it is certified by that person's employer that the claimant is entitled to resume postponed adoptive leave under the provisions of section 11C of the Adoptive Leave Act 1995.

(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to adoptive leave, adoptive benefit shall be paid—

(a) in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and

(b) for the duration of the remaining period of adoptive benefit to which that person is entitled.

43A. In this Chapter—

"expected week of confinement" has the meaning assigned to it by section 47(1)(a);

"relevant day" has the meaning assigned to it by section 61A(1);

"relevant parent" has the same meaning as it has in section 61A(1);

"surviving parent" has the meaning assigned to it by section 61A(1).]

43B. (1) The expected week of confinement to be specified in any certificate pursuant to section 61B(1)(b)(ii)(I) shall not be more than 16 weeks after the week in which the certificate is given.

(2) Where in respect of a claim to paternity benefit it is certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that a woman has been confined, and no such certificate as is referred to in clause (I) of section 61B(1)(b)(ii) has been given, the said clause shall for the purpose of that claim, be modified and shall apply as if the said clause required that it had been certified by a registered medical practitioner or otherwise to the satisfaction of an officer of the Minister that the woman concerned had been confined.

(3) In the case of a person to whom sub-article (2) applies, paternity benefit shall, subject to article 43D, be payable for such 2 week period as may be determined by a deciding officer.]

43C. (1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to paternity benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 61C are not satisfied.

(b) For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.

(2) (a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to paternity benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 61C are not satisfied.

(b) For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.]

43D. (1) Subject to sub-article (2), a relevant parent or a surviving parent, as the case may be, shall be disqualified for receiving paternity benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the relevant parent or surviving parent, as the case may be, engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 to the Principal Act or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1 to the said Act.

(2) A disqualification referred to in sub-article (1) shall commence not earlier than the first day on which the relevant parent or surviving parent, as the case may be, engages in any employment referred to in sub-article (1).]

43E. For the purposes of section 61B(9), the payment of paternity benefit may be postponed to the date of confinement and shall be payable within the period specified in section 61B(7)(b)(ii).]

43F. For the purposes of section 61B(10), the maximum period for which the payment of paternity benefit may be postponed is 6 months.]

43G. In this Chapter—

"Act of 2019" means the Parent’s Leave and Benefit Act 2019;

"period of parent’s leave" means the period of parent’s leave to which the relevant parent or surviving parent is entitled under Part 2 of the Parent’s Leave and Benefit Act 2019, being a continuous period of 2 consecutive weeks or periods consisting of not less than one week beginning, as the case may be

(a) on or after the day of placement of the child, and ending not later than 52 weeks after the day of placement of the child, or

(b) on or after the date of birth of the child and ending not later than 52 weeks after the date of birth of the child;

"relevant day" has the meaning assigned to it by section 61F(1);

"relevant parent" has the meaning assigned to it by section 61F(1);

"surviving parent" has the meaning assigned to it by section 61F(1).]

43H. (1) (a) Subject to paragraph (b), a volunteer development worker shall be entitled to parent’s benefit where that person would otherwise qualify therefor but for the fact that the contribution conditions in section 61H are not satisfied.

(b) For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.

(2) (a) Subject to paragraph (b), a person who ceases to be a volunteer development worker shall be entitled to parent’s benefit in respect of any claim made in the benefit year in which that person returns to the State from a developing country or in the next succeeding benefit year where the person would otherwise qualify therefor but for the fact that the contribution conditions in section 61H are not satisfied.

(b) For the purposes of paragraph (a), the claimant must have qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the person’s entry into insurance and ending immediately before the relevant day.]

43I. (1) Subject to sub-article (2), a relevant parent or a surviving parent, as the case may be, shall be disqualified for receiving parent’s benefit for such period as may be determined by a deciding officer if, during the period for which the benefit is payable, the relevant parent or surviving parent, as the case may be, engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 to the Principal Act or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1 to the said Act.

(2) A disqualification referred to in sub-article (1) shall commence not earlier than the first day on which the relevant parent or surviving parent, as the case may be, engages in any employment referred to in sub-article (1).]

43J. (1) For the purposes of section 61G(12), the maximum period for which parent’s benefit may be postponed is 6 months.]

43K. (1) Where, by virtue of the application of section 61G(15), a relevant parent cannot receive his or her parent’s benefit within the period of parent’s leave, the period of parent’s leave in which parent’s benefit may be paid shall be postponed by a maximum period of 12 weeks.

(2) Where, by virtue of the application of paragraph (a) of section 61G(16), a relevant parent has his or her leave postposed in accordance with section 7(3)(a) of the Act of 2019, the period of parent’s leave in which parent’s benefit may be paid shall be postponed by a maximum period of 6 weeks.

(3) Where, by virtue of the application of paragraph (b) of section 61G(16), a relevant parent has his or her leave postponed in accordance with section 13 of the Act of 2019, the period of parent’s leave in which parent’s benefit may be paid shall be postponed by a period equivalent to the period of postponement concerned, subject to such postponement not exceeding a period of 12 weeks.]

44. (1) For the purposes of Chapter 12 of Part 2, a day shall not be treated as a day of unemployment if it is a day in respect of which a person—

(a) fails to prove to the satisfaction of the Minister that he or she is unemployed, capable of work and available for employment, or

F128[(b) follows any occupation from which he or she derives any remuneration or profit, unless such occupation—

(i) could ordinarily have been followed by him or her in addition to his or her usual employment and outside the ordinary working hours of that employment and—

F129[(I) the total remuneration or profit from any days of such occupation does not exceed €7,500 on an annual basis, or, €144 on a weekly basis, or]

(II) not less than 117 employment contributions have been paid in respect of him or her in respect of the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day,

or

(ii) constitutes employment as a retained fire fighter.]

(2) Where the provisions of sub-paragraph (1)(b)(ii) are satisfied as respects any day they shall continue to be regarded as satisfied in respect of any subsequent day which is in the same period of interruption of employment.

(3) For the purposes of Chapter 12 of Part 2 and notwithstanding the provisions of sub-article (1)(b), any day on which a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) shall be treated as a day of unemployment and the person shall be deemed to be available for employment on any such day.

45. F130[(1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall, for the purposes of jobseeker’s benefit, be regarded as being employed by virtue of that employment—

(a) only on the first day where the employment on the first day is longer than that on the second day and in that case that first day shall not be treated as a day of unemployment, and

(b) only on the second day in any other circumstances, and in that case that second day shall not be treated as a day of unemployment.]

(2) Where by virtue of the provisions of sub-article (1), a person—

(a) is to be treated as having been employed on 1 day only of 2 days, and

(b) throughout that part of the other of those 2 days during which that person is not employed, or is deemed in accordance with regulations to be available for employment,

that person shall, for the purposes of Chapter 12 of Part 2, be deemed to be so available for employment, throughout that other of those 2 days.

46. Notwithstanding anything contained in article 44, a person who, in respect of any period of interruption of employment, would have been entitled to jobseeker’s benefit for any day but for any delay or failure on his or her part to make or prosecute a claim, shall, for the purposes of section 67 be treated as having been entitled to jobseeker’s benefit for that day, 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 jobseeker’s benefit for that day, to avoid the necessity of requalifying for jobseeker’s benefit under the said section.

47. (1) F131[Subject to article 52HA, for] the purposes of section 64(1)(c)—

F132[(a) the prescribed period, other than in the case of a person to whom section 64(1)(c)(ia) applies, shall be the governing contribution year,

(aa) the prescribed period for section 64(1)(c)(ia) shall be—

(i) the governing contribution year, or

(ii) the governing contribution year applicable to the jobseeker's benefit claim referred to in clause (II) of section 64(1)(c)(ia),

whichever is the more favourable,]

(b) subject to sub-article (2), the prescribed reckonable weekly earnings or, in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, shall be calculated as the total reckonable earnings or total reckonable income, as the case may be, in the prescribed period divided by the number of qualifying contributions in the said period, and

(c) in the case of a claim where—

(i) the period of interruption of employment commenced before 25 December 2003, the prescribed amount shall be €88.87, and

F133[(ii) the period of interruption of employment commenced on or after 25 December 2003 and before 1 January 2009, the prescribed amount shall be €149.99, and]

F134[(iii) the period of interruption of employment commenced on or after 1 January 2009, the prescribed amount shall be €300.00]

(2) In the case of a claimant whose reckonable weekly earnings or reckonable weekly income, as the case may be, if any, are less than €32.00, as calculated in accordance with sub-article (1)(b), he or she shall be deemed to have reckonable weekly earnings or reckonable weekly income of €32.00.

(3) 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, the provisions of this article shall not have the effect of reducing the rate of jobseeker’s benefit payable below that to which he or she was previously entitled.

47A. (1) A person shall not be disqualified for receiving jobseeker’s benefit—

(a) in accordance with section 68A(3)(a) while participating in a course provided or approved by an education and training board specified in Schedule 2 to the Education and Training Boards Act 2013 (No. 11 of 2013) and known as Youthreach,

(b) in accordance with section 68A(3)(c) while attending a course of study, where that person is a mature student, or

(c) in accordance with section 68A, where that person is participating in an activity within the meaning of article 120 and article 120(4) applies to that person.

(2) In this article—

“approved course”, “approved higher education course” and “approved post-leaving certificate course” shall be construed in accordance with section 8 of the Student Support Act 2011 (No. 4 of 2011) and Regulation 4 of the Student Support Regulations 2015 (S.I. No. 154 of 2015);

“course of study” has the meaning given to it in section 148;

“mature student” means a student who on 1 January—

(a) in the year of entry for the first time to an approved post-leaving certificate course,

(b) in the year of entry for the first time to an approved higher education course (other than a course known for the time being as a post-leaving certificate course), or

(c) in the year of re-entry to an approved course,

is at least 23 years old.]

48. F136[Subject to article 52HA, where] a claimant would be entitled to jobseeker’s benefit but for the fact that the amount of his or her reckonable weekly earnings or, in the case of a person who qualifies for jobseeker’s benefit by virtue of having paid optional contributions, reckonable weekly income, does not exceed the amount prescribed in sub-article 47(1)(c), the following provisions shall apply—

(a) in the case of a claim to jobseeker’s benefit where the period of interruption of employment commenced before 25 December 2003 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 5, there shall be entitlement to jobseeker’s benefit, payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

F137[(b) in the case of a claim for jobseeker’s benefit where the period of interruption of employment commenced on or after 25 December 2003 and before 1 January 2009 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6, there shall be entitlement to jobseeker’s benefit payable at the weekly rate shown opposite that group of amounts in column (2) of the said Schedule,

(ba) in the case of a claim for jobseeker’s benefit where the period of interruption of employment commenced on or after 1 January 2009 and the amount of reckonable weekly earnings or reckonable weekly income, as the case may be, is an amount included in one of the groups of amounts specified in column (1) of Schedule 6A, there shall be entitlement to jobseeker’s benefit payable at the weekly rate shown opposite that group of amounts in column (2) of the said Schedule,]

(c) (i) any increase of jobseeker’s benefit payable under section 66(1), in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, does not exceed the limit prescribed in article 7, shall be at the weekly rate shown opposite to that group of amounts in column (3) of the said F138[Schedules 5, 6 or 6A] as the case may be, and

(ii) any increase of jobseeker’s benefit payable under section 297, in respect of a qualified adult, whose weekly income, calculated or estimated in accordance with article 8, is an amount specified in column (1) of Schedule 7, shall be payable at the weekly rate shown opposite to that group of amounts in column (2) of the said Schedule,

and

(d) any increase of jobseeker’s benefit in respect of a qualified child, payable under section 66(2), shall be the same as if the condition as to the reckonable weekly earnings or reckonable weekly income had been fully satisfied.

48A. Where a claimant would be entitled to jobseeker’s benefit but for the fact that he or she does not satisfy the requirement contained in section 64(1)(b) that there must be qualifying contributions in respect of at least 13 contribution weeks in the governing contribution year, he or she shall be entitled to benefit if he or she—

(a) has qualifying contributions in respect of at least 13 contribution weeks in either of the 2 contribution years preceding the governing contribution year or in a subsequent contribution year,

(b) was immediately before claiming jobseeker’s benefit in receipt of jobseeker’s allowance and was a person to whom section 142(1)(a) applied, or

(c) was immediately before claiming jobseeker’s benefit in receipt of—

(i) pre-retirement allowance, or

(ii) invalidity pension, or

(d) was, immediately before claiming joseeker’s benefit—

(i) in receipt of carer’s benefit or carer’s allowance,

(ii) a prescribed relative within the meaning of section 179 and in respect of whom an allowance is payable,

(iii) providing full-time care to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance.]

48B. Where a claimant becomes entitled to jobseeker’s benefit by virtue of solely having qualifying contributions under Chapter 6A of Part 2 of the Principal Act, that person shall satisfy the condition in section 64(1)(c) to have weekly earnings or weekly income in excess of €300 in the governing contribution year, where the governing contribution year is 2021.]

49. Where a claimant’s reckonable earnings or reckonable income are reduced as a consequence of the loss of employment a claimant shall be regarded, for the purposes of section 62(1)(d), as having sustained a substantial loss of employment in any period of F141[7 consecutive days] as an officer of the Minister may determine, where he or she has lost 1 day of insurable employment.

50. The amount prescribed for the purposes of section 68(6)(e) shall be €50,000.

50A. F143[(1) The following schemes and programmes of employment and work experience are prescribed for the purposes of section 62B—

(a) the scheme provided by the Minister and known as Community Employment, and

(b) such other scheme or programme of employment or work experience as may be approved by or on behalf of the Minister from time to time.]

F143[(2) The following courses of training and development are prescribed for the purposes of section 62B—

(a) a course of training or development provided by or on behalf of An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS),

(b) a course of training or development provided by or on behalf of an education and training board specified in Schedule 2 to the Education and Training Boards Act 2013,

or

(c) such other course of training or development as may be approved by or on behalf of the Minister from time to time.]

(3) The following courses of education are prescribed for the purposes of section 62B—

F143[(a) a course of education provided by or on behalf of an education and training board specified in Schedule 2 to the Education and Training Boards Act 2013,]

or

(b) such other course of education as may be approved by or on behalf of the Minister from time to time.]

51. (1) A person shall be regarded, for the purposes of section 62(1)(d), as being engaged in casual employment where—

(a) he or she is normally employed for periods of less than a week,

(b) the number of days and the days of the week on which he or she is employed in each period varies with the level of activity in the employer’s business, and

(c) on the termination of each period of employment he or she has no assurance of being re-employed with the same employer.

(2) In determining, for the purposes of sub-article (1), whether a person is engaged in casual employment account shall be taken of his or her employment in the 6 months immediately preceding the first day of his or her claim for jobseeker’s benefit.

(3) Where a deciding officer or appeals officer considers that the period referred to in sub-article (2) is not appropriate to determine whether a person is engaged in casual employment, he or she may have regard to such other period which appears to him or her to be appropriate for that purpose.

52. (1) A person shall prove unemployment for the purposes of subsections (1)(b) and (1A) of section 62 by—

(a) attending at an office of the Minister at such time as the Minister may direct for the purpose of making—

(i) a written declaration in such form as the Minister may determine, or

(ii) where the Minister considers it appropriate, a declaration by means of an electronic communication by way of the transmission of a signature in electronic form,

or

(b) making a declaration in such other manner as the Minister may consider appropriate having regard to the circumstances, including by way of an electronic communication transmitted by means of the internet,

that he or she has been—

(I) continuously unemployed since the date of his or her claim for jobseeker’s benefit, or

(II) unemployed or expects to be unemployed during each day in respect of which jobseeker’s benefit is claimed.]

F145[(2) Article 52(1)(a) shall not apply to a person who has attained the age of 65 years, and who would otherwise, but for this article, qualify for jobseeker’s benefit.]

52A. (1) Subject to sub-article (2), section 62(4) shall not apply from 19 March 2020 until the date specified in sub-article (2).

(2) This article shall cease to have effect on 9 May 2020.]

52A. (1) For the purposes of Chapter 12A of Part 2, a week shall not be treated as a week of unemployment if it is a week in respect of which a person—

(a) fails to prove to the satisfaction of the Minister that he or she is not engaged in self-employment, is capable of work and is available for employment, or

(b) follows any occupation from which he or she derives any remuneration or profit, unless such occupation—

(i) could ordinarily have been followed by him or her in addition to his or her usual employment and outside the ordinary working hours of that employment and—

(I) the total remuneration or profit from any week of such occupation does not exceed €144, or where the remuneration or profit is in respect of a period longer than a week, such remuneration or profit does not on the weekly average exceed that amount, or

(II) not less than 117 employment contributions have been paid in respect of him or her in respect of the period of 3 years immediately preceding that week or in respect of the last 3 complete contribution years immediately preceding that week,

or

(ii) constitutes employment as a retained fire fighter.

F149[(1A) For the purposes of this article and Chapter 12A of Part 2, and notwithstanding the provisions of sub-article (1)(a), any week, where a person is a self-employed contributor solely in respect of reckonable income or reckonable emoluments arising from an approved retirement fund, as defined by section 784A of the Taxes Consolidation Act 1997, and that person—

(i) has sustained the loss of self-employment in their usual occupation, and

(ii) the loss occurred not earlier than the first day of the second last complete calendar year before the year in which his or her application for jobseeker’s benefit (self-employed) is made,

shall be regarded as a week of unemployment.]

(2) Where the provisions of sub-paragraph (1)(b)(ii) are satisfied in respect of any week they shall continue to be regarded as satisfied in respect of any subsequent week which forms part of the same claim.

(3) For the purposes of Chapter 12A of Part 2 and notwithstanding the provisions of sub-article (1)(b), any week where a person is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health and Children for the purposes of the provision of such training) shall be treated as a week of unemployment and the person shall be deemed to be available for employment in any such week.]

52B. (1) Where a person is employed to work continuously from a time on any day until a time on the next following day, that person shall, for the purposes of jobseeker’s benefit (self-employed), be regarded as being employed by virtue of that employment—

(a) only on the first day where the employment on the first day is longer than that on the second day and in that case that first day shall not be treated as a day of unemployment, and

(b) only on the second day in any other circumstances, and in that case that second day shall not be treated as a day of unemployment.

(2) Where by virtue of the provisions of sub-article (1), a person—