S.I. No. 24/2009 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Jobseeker’s Benefit) Regulations, 2009

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S.I. No. 24 of 2009
SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (JOBSEEKER’S BENEFIT) REGULATIONS, 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th February, 2009.
The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 ) and 64 (as amended by section 8 of the Social Welfare and Pensions Act 2007 (No. 8 of 2007)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:
Citation and construction.
1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Jobseeker’s Benefit) Regulations 2009.
(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2009.
Commencement.
2. These Regulations come into operation on 5 January 2009.
Definitions.
3. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 );
Contribution conditions — jobseeker’s benefit.
4. The Principal Regulations are amended by the insertion after Article 48 of the following article:
“Contribution conditions — jobseeker’s benefit.
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.”.
GIVEN under the Official Seal of the Minister for Social and Family Affairs,
5 January 2009
MARY HANAFIN.
Minister for Social and Family Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
One of the qualifying conditions for entitlement for jobseeker’s benefit is that the claimant has 13 qualifying contributions in the governing contribution year. These Regulations provide that a person who fails to satisfy this condition will qualify if he/she has 13 paid contributions in either of the two contribution years preceding the governing contribution year or in a subsequent contribution year. This provision will come into operation on the 5 January 2009.

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