Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekerâs Benefit(Self-Employed)) Regulations 2019
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019.
(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019.
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paragraphs: These Regulations come into operation on 1 November 2019.
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paragraphs: In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).
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paragraphs: The Principal Regulations are amended by the insertion of the following Chapter after Chapter 5:
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.
(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 –
(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 12A of Part 2, be deemed to be so available for employment, throughout that other of those 2 days.
52C. Notwithstanding anything contained in article 52A, a person who, in respect of any period of interruption of employment, would have been entitled to jobseeker’s benefit (self-employed) for any week but for any delay or failure on his or her part to make or prosecute a claim, shall, for the purposes of section 68H be treated as having been entitled to jobseeker’s benefit (self-employed) for that week, 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 (self-employed) for that week, to avoid the necessity of requalifying for jobseeker’s benefit (self-employed) under the said section.
52D. (1) A person shall not be disqualified for receiving jobseeker’s benefit (self-employed) —