Working for Work : Chapter 4 : Welfare to Work

Jobseekers Benefit and Qualified Adult is Working

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The spouse/civil partner/cohabitant of a person in receipt of a Jobseeker's payment is referred to as a Qualified Adult. A Qualified Adult may take up either full-time or part-time employment while their partner is in receipt of a Jobseeker's payment. A Qualified Adult is not subject to the genuinely seeking work condition that applies to the claimant. There is no restriction on the number of hours or days that a Qualified Adult may work. While the amount of hours/days the Qualified Adult works will not affect the Jobseeker's payment the amount of money the Qualified Adult earns may affect the family's rate of payment. -

  • Married couples and co-habiting couples are assessed in the same way by the Department of Social Protection. Married couples and co-habiting couples are treated differently by the Revenue Commissioners for tax purposes.

Jobseeker's Benefit and Qualified Adult Working

The rates of payment for Jobseeker's Benefit are linked to the claimant's average weekly earnings in employment. This also applies to the Qualified Adult payment on Jobseeker's Benefit. Where the main claimants average weekly earnings were: -

  • Less than €300 per week, the Qualified Adult payment is €80.90 per week
  • €300 or more per week, the Qualified Adult payment is €124.80 per week

Qualified Adult in Employment - (PRSI Class A employee)

If you are claiming Jobseeker's Benefit and your spouse/civil partner/cohabitant (Qualified Adult) works their gross earnings will be counted as follows (please note PRSI, pension payments and union subscriptions are not deducted from the gross): -

  • spouse/civil partner/cohabitant earns up to and including €100.00 a week - Jobseeker's Benefit Claimant will receive a full Qualified Adult payment
  • spouse/civil partner/cohabitant earns between €100.01 and €310.00 per week - Jobseeker's Benefit Claimant will receive a tapered* Qualified Adult rate in their payment.
  • Gross earnings over €310. A Qualified Adult payment is no longer payable.

Qualified Adult Self-employed - (PRSI Class S)

If you are claiming Jobseeker's Benefit and your spouse/civil partner/cohabitant (Qualified Adult) is engaged in Self-employment their earnings will be assessed as follows: -

  • Earnings are assessed as gross income less work related expenses over 12 months. -
  • Expected annual earnings from self-employment is divided by 52 to find your spouse/civil partner/cohabitants weekly means from self-employment. -
  • 'Drawings' taken from the business is not an allowable expense. -
  • If the 'drawings' from the business are greater than the level of income calculated, the 'drawings' are assessed as cash income.

There is no exhaustive list of all expenses allowed because expenses vary with the nature and extent of the self-employment. However a full list is available from the Department of Social Protection www.welfare.ie

The Department of Social Protection may request copies of your partner's audited business accounts for the most recent trading year in addition to other documentation. If you fail to provide this information your application for Jobseeker's Allowance cannot be processed.

Qualified Adult - Working 3 days Liz, a mother of two children, is a qualified adult on her partner Tom's Jobseeker's Allowance (JA) claim. Tom receives €372.40 JA on behalf of the family. Liz finds three days part-time insurable work. Her assessable earnings after the allowable deductions are €120. The family's new rate of JA is calculated as follows: Current Jobseeker's Allowance (JA) Family rate: €372.40 - Liz's earnings (3 days at €40 per day): €120.00 - 3 day disregard (€20 per day x 3 days): €60.00 - Liz's Assessable income after disregard: (€120 - €60) €60.00 - Assess 60% of net remainder (€60 assessed at 60%) €36.00 - New JA rate (€372.40 - €36 assessable earnings): €336.40 - Plus Liz's earnings €120.00 New Household Income: (reduced JA + net Wages) €456.40

 

Qualified Adult - Working 5 days John and Mary have two children and have a family JA rate of €372.40. Mary finds work over five days. Her assessable earnings after allowable deductions are €200. Their new JA rate is decided as follows. - Current Jobseeker's Allowance (JA) Family rate: €372.40 - Mary's earnings (5 days at €40 per day): €200.00 - Less disregard (only allowed for 3 days at €20 per day) €60.00 - Mary's Assessable income after disregard (€200 - €60): €140.00 - Assess 60% of remainder (€140 assessed at 60%) €84.00 - New JA rate (€372.40 - €84.00 assessable earnings) €288.40 - Plus Mary's earnings €200.00 New household income (reduced Jobseeker's Allowance + net Wages) €488.40

 

Family Income Supplement (FIS)

If your spouse/civil partner/cohabitant is working and you are claiming a Qualified Adult increase on your Jobseeker's payment for him/her your spouse/civil partner/cohabitant can opt to apply for FIS instead if the FIS payment is more than the Qualified Adult increase. However, people receiving Jobseeker's Allowance and working cannot claim FIS.

Options for Qualified Adults (QA's)

There are a number of additional options available to the Qualified Adults of persons in receipt of Jobseeker's payments. If a spouse or partner is receiving a Qualified Adult payment on a Jobseeker's payment claim the Qualified Adult is not subject to the Genuinely Seeking Work condition and there is no restriction on the number of hours/days worked by the Qualified Adult. -

  • Both partners claiming Jobseeker's Allowance (JA)
  • Claiming Jobseeker's Allowance (JA) when spouse/civil partner/cohabitant working
  • Claiming Jobseeker's Benefit (JB) and Jobseeker's Allowance (JA)
  • Separate Payments - equitable access -
  • Spousal Swap - Access to other schemes

Income from any employment may affect their partner's Jobseeker's Allowance payment, but would not affect their partner's payment if they are receiving a Jobseeker's Benefit (JB) payment.

Jobseeker's Allowance (JA) - Both Adults claiming JA

While it is normally the case that only one partner claims the full rate Jobseeker's Allowance for the household, this does not prevent the Qualified Adult from applying for their own Jobseeker's Allowance payment and establishing their own entitlement to training, education and employment options now or in the future.

While both adults may seek to claim a Jobseeker's Allowance payment in their own right, they will not receive two full rates of payment. Instead they will each receive half of the family rate (€312.80 at 50% = €156.40 each) plus half rate for each Qualified Child (€29.80 ÷ 2) = €14.90 each.

In this instance each person will have to satisfy the conditions of Jobseeker's Allowance in their own right. Both claimants must be available for, capable of, and genuinely seeking full-time work. Both claimants must be able to provide proof of their jobseeking efforts to the satisfaction of the Department. Income from any employment may affect both Jobseeker's Allowance payments.

Claiming Jobseeker's Allowance where spouse/civil partner/cohabitant is working

If your spouse/civil partner/cohabitant is working, or self-employed, you may be able to claim Jobseeker's Allowance in your own right. Your application will be subject to the standard means test and you must satisfy all the conditions of the payment, including the Genuinely Seeking Work (GSW) criteria, see Chapter 1 for details. A spouse/civil partner/cohabitant's earnings from employment on a Community Employment (CE) Scheme are assessed in the same way as any other earnings from insurable employment.

The Department of Social Protection may request copies of your partner's audited business accounts for the most recent trading year in addition to other documentation. If you fail to provide this information your application for Jobseeker's Allowance cannot be processed.

The example below outlines how entitlement to Jobseeker's Allowance is calculated where means are assessed when a spouse/civil partner/cohabitant is working or in self-employment.

 

Claiming JA when spouse/civil partner/cohabitant is working John and Mary are a couple with two children. John is working for four days per week in insurable employment, his assessable earnings after allowable deductions are €260.00. Mary applies for Jobseeker's Allowance. The family's rate of JA is calculated as follows. Jobseeker's Allowance (Family Rate) €312.80 John's net earnings from employment €260.00 John's Earnings disregard (€20 per day x max limit 3 days) €60.00 John's Assessable Earnings €200.00 Assessed at 60% €120.00 Mary's Jobseeker's Allowance (€312.80 - €120.00) €192.80 Mary's new JA rate €192.80 Plus John's net earnings from employment €260.00 New Total Household income* €452.80

*In this example John could apply for FIS, where his Jobseeker's payment would be €205.20.

Jobseeker's Benefit and Jobseeker's Allowance

The Qualified Adult of a claimant on Jobseeker's Benefit may seek to make a claim for Jobseeker's Allowance in their own right. Any entitlement to a Jobseeker's Allowance will be subject to a means test, application of the Genuinely Seeking Work criteria, in addition to other standard qualifying conditions.

The total amount payable to the family unit in this instance will only be equal to the maximum amount payable for the family size under the Jobseeker's Benefit payment. They will not receive two full rates of payment. If the Qualified Adult establishes an entitlement to Jobseeker's Allowance payment the maximum they will receive is €124.80 and half rate payment for each Qualified Child (€14.90)

Any income from any employment may affect both claims for Jobseeker's Benefit and Jobseeker's Allowance, see information on Jobseeker's Benefit/Jobseeker's Allowance in this chapter.

Separate Payments - Equitable Access

Where a couple are residing in the same house, but there is not equitable access to or sharing of the Social Welfare payment, an application can be made to the Department of Social Protection to issue separate payments.

A Qualified Adult can request a separate payment which would be equal to half the family rate. In the best interest of the family, the Qualified Adult can also request that they receive the full Child Dependant increase on their payment. A qualified adult may also qualify for certain education and training programmes based on the spouse/civil partner/cohabitant's claim

Last Updated: 31/08/2011 ^ back to top