Working for Work : Chapter 1 : Social Welfare Payments

Jobseeker's Payments

The main social welfare payments for unemployed people are either Jobseeker's Benefit (JB) or Jobseeker's Allowance (JA). This section aims to make you familiar with rules you need to know in order to apply for and continue to receive these payments.

How to qualify for JB or JA

For all unemployment payments you must be:

• unemployed
• available for full-time work
• aged between 18 and 66
• genuinely seeking employment
• capable of full-time employment
• fully unemployed for at least 3 days in any period of 6 consecutive days

For Jobseeker's Benefit you must also -

• satisfy the PRSI contributions

For Jobseeker's Allowance you must also

• satisfy a means test
• satisfy the habitual residence conditions.

Genuinely Seeking Work (JB and JA)

In order to qualify for a jobseeker's payment you must prove that you are Genuinely Seeking Work. This means that you must be able to show that you are; -

• Willing to accept any reasonable offer of employment based on your skills, qualifications and experience
• Willing to accept any reasonable offer of training, re-training or education to improve your prospects of finding employment
• Able to show that you have, in the relevant period, taken reasonable steps which offer you the best prospects of getting employment. You will be expected to use all available services and supports to help you seek employment, see Chapter 3, and have proof of your jobseeking efforts.

Capable of Work (JB and JA)

In order to qualify for a jobseeker's payment you must prove that you are Capable of Work. For a day to be regarded as a day of unemployment the person claiming a Jobseekers payment must be capable of work on that day.

A person is considered to be capable of work if there is no evidence to the contrary (e.g. unless he/she states otherwise), or where, on request, he/she fails to produce a final medical certificate from their doctor following a period of illness.

Asylum Seekers (JB and JA)

Asylum Seekers do not have the right to work, and do not have entitlement to an unemployment payment, until their residency status is finalised and they have a valid Garda National Immigration Card.

Trade Disputes (JB and JA)

You cannot claim a jobseeker's payment if you are participating in a trade dispute, or strike, at your place of work. If you are refused JA or JB you have the right to take your case to the Social Welfare Tribunal - a special office that can review the situation surrounding the trade dispute and decide if the decision is correct.

If you are involved in a trade dispute your spouse/civil partner/cohabitant may be entitled to a Supplementary Welfare Allowance payment from the local Health Board for her/himself and any children you have under age 18, or between 18-22 years and in full-time education.

Working and Claiming a Jobseeker's Payment

 

i Please see chapter 4 for detailed information on working and claiming a Jobseekers payment.

 

Even if you work only one hour in a day you will be considered unavailable for work on that day. If you work overnight the day of employment is considered to be the day you do the most hours. The only exception to this is if you work Saturday into Sunday, or Sunday into Monday. In these cases Saturday and Monday would be counted as days of employment.

Remember: Sunday is not considered a day of employment, so if you work on a Sunday you will not lose a portion of your weekly Jobseekers payment for this day - other conditions apply, please see Chapter 4 for more information.

Jobseeker's Benefit (JB)

Jobseekers Benefit is a payment available to unemployed jobseekers who are out of work, have enough PRSI contributions (see following pages) to qualify for the payment and satisfy the 'Genuinely Seeking Work' conditions. Jobseekers Benefit is not 'means tested', so any income you have from savings or investments or property other than your own home will not affect your payment. Jobseeker's Benefit is not paid for the first 3 days you are unemployed.

You may qualify to receive an additional payment for your spouse/civil partner/cohabitant and any dependant children under the age of 18. If your partner is employed and earning between €100.01 and €310.00 per week you may receive a reduced payment for them. If they earn more than €310 you will not receive any payment for them.

 

Maximum Rates of Payment - Jobseeker's Benefit

Main Claimant: €188.00 Qualified Adult: €124.80 Each Qualified Child €29.80

 

Jobseeker's Benefit rates are graduated on earnings in the relevant tax year. Reduced rates may be payable - see Wage Band Limits and Relevant Tax Year in this chapter.

 

Duration of payment

• Jobseeker's Benefit is paid for a maximum of 12 months to new claimants who have 260 or more paid contributions since starting in insured employment.
• Jobseeker's Benefit is paid for a maximum of 9 months to claimants who have less than 260 paid contributions since starting in insured employment

If you exhaust your claim for Jobseekers Benefit, if you do not re-qualify for Jobseekers Benefit (see Re-qualifying for Jobseekers Benefit in this chapter) and you are unemployed and 'Genuinely Seeking Work' you can apply for Jobseekers Allowance. Jobseekers Allowance is a means tested payment and will take into consideration you and your spouse/civil partner/cohabitants savings, investments, property other than your own home and any income from employment/self-employment either you or your partner may have - see Jobseekers Allowance in this chapter for more information.

PRSI Requirements

To make a claim Jobseeker's Benefit you must have the following PRSI contributions:

• At least 104 paid contributions since you first started work, and - Have 39 paid or credited in the relevant tax year (of which at least 13 must be paid i ) or
• Have 26 paid contributions in the relevant tax year and 26 paid contributions in the year immediately preceding it

 

i If you do not have 13 paid contributions in the relevant tax year the following years can be used to meet the condition: The two tax years before the relevant tax year; the last complete tax year; the current tax year.

 

Once you qualify for a payment the amount you receive will be based on your average weekly gross earnings in the relevant tax/contribution year.

If you earned a gross weekly average of €300.00 per week in the relevant tax year and you satisfy all of the conditions, you will qualify for the maximum personal rate of Jobseeker's Benefit.

Wage Band Limits

Jobseeker's Benefit rates are graduated according to earnings in the relevant tax year. A reduced rate of Jobseeker's Benefit is payable if your average weekly earnings in the relevant tax year is under €300. To get your average weekly earnings in the relevant tax year, your gross yearly earnings are divided by the number of PRSI contributions you paid at class A, H, or P. The relevant tax year is 2 years before the year of your claim. For example, if you claim Jobseeker's Benefit in 2011 the relevant tax year is 2009.

 

Weekly payment for new claims in 2011 Average weekly Personal Rate Qualified Adult Each Child* earnings Less than €150 €84.50 €80.90 €29.80 €150 - €219.99 €121.40 €80.90 €29.80 €220 - €299.99 €147.30 €80.90 €29.80 €300 or more €188.00 €124.80 €29.80 *If you do not qualify for an increase for a qualified adult you may get a half-rate qualified child increase, if your spouse or partner has income of €400 or less per week.

 

If you were awarded credits only in the relevant tax year and had no earnings, you will receive the minimum rate of payment.

If you qualify for a reduced rate of Jobseeker's Benefit you can opt to do one of the following:

• Apply for optional Jobseeker's Allowance (JA), this payment is means tested so you may qualify for a higher payment.
• If your spouse/civil partner/cohabitant is receiving a social welfare payment it may be better to remain as a qualified adult on their claim.

Issues that may affect your claim

Depending on a variety of circumstances, your application for Jobseekers Benefit may take a number of weeks to be processed. While awaiting processing of your claim you may be able to make a claim for Supplementary Welfare Allowance from the Community Welfare Officer in your local Health Centre. This is a means tested payment and will take into consideration you and your spouse/civil partner/cohabitants savings, investments, property other than your own home and any income from employment/self-employment either you or your partner may have.

Any monies paid to you under these circumstances will be recovered from the Department of Social Protection by the HSE from any arrears accrued in the processing of your Jobseekers Benefit claim.

For more information contact the INOU on (01) 856 0088.

P45 issues

P45 not issued:

A P45 is a statement of your pay and the tax and PRSI deducted by your employer. You must be given your P45 if you lose your job or are made redundant. If you are not given a P45 when you leave your job you should first ask your employer for it. If the employer does not supply it you should contact your local tax office. Revenue will contact the employer and obtain your P45 for you. If you have started a new job, Revenue will send you a new tax credit certificate so you will not have to pay emergency tax in your new job.

If you have not been given your P45 and you think that your PRSI contributions have not been paid you should inform your local social welfare inspector by contacting your local social welfare office or the Scope section of the Department of Social Protection - telephone (01) 704 3000.

Period of Notice:

You may be entitled to notice if you are being let go from your job. This means that you are given notice that your job will end, and a date in the near future when this will come into effect. The length of notice you are entitled to, will depend, in the first instance, on your contract of employment and your statutory entitlement under employment law.

If you are not required to work your 'notice' period but are paid for the notice period you will not be 'officially' unemployed until the date your employment is terminated according to your P45. As such you would not be able to claim a Jobseekers Payment, either Benefit or Allowance, until the date of termination of employment as listed on your P45. See Your Rights at Work in Chapter 4 for details of statutory notice periods.

Jobseeker's Benefit and Europe

Living or Working in Northern Ireland

If you have been working in Northern Ireland, this is treated as working in another EU country. However, special rules also apply to cross-border workers who work in one EU country, and who return to their home country at least once a week. Contact the INOU on (01) 856 0088 for more information on cross-border workers entitlement to Jobseekers payments.

Payment while Jobseeking Abroad

If you are receiving Jobseeker's Benefit in Ireland and wish to go to another EU country to seek employment, you can transfer your payment for a maximum of 78 days to another EU country. You must be available for and genuinely seeking work in Ireland and receiving your JB payment in Ireland for a minimum of 4 weeks before you go. Ask your local Social Welfare Office about transferring JB at least a month before you intend travelling.

Social Insurance and Work in the European Union

If you worked in another EU country in the past your social insurance record from that country may help you qualify for Jobseeker's Benefit in Ireland. However, in order to transfer your record from abroad you must have paid at least one reckonable (class A, H or P) PRSI contribution in Ireland since last coming to Ireland.

Jobseeker's Benefit and Self-Employment

Self-employed people would not normally qualify for a Jobseekers Benefit payment. Paying class S PRSI as a self-employed person only covers a limited number of social insurance payments; Jobseekers Benefit is not one of them. If, however, you were an employee before becoming self employed you may have some entitlement to a Jobseekers Benefit payment - contact the INOU on (01) 856 0088 for more information.

Deregistering as Self-employed

If you have been self-employed and your business has had to close down or if the business has reduced so much that it no longer provides you with a sufficient income you may qualify for a Jobseekers Allowance payment.

You do not need to de-register as self-employed to get a social welfare payment.

Jobseeker's Benefit and Redundancy

Genuinely Seeking Work

Although being made redundant would normally mean that a person would have sufficient PRSI contributions to qualify for Jobseekers Benefit, applicants must also satisfy the Genuinely Seeking Work conditions. You are reasonably expected to be Genuinely Seeking Work immediately after your redundancy, there is no facility to take 'time out' or 'time off' from job seeking following a redundancy.

Statutory Redundancy and Jobseekers Benefit

Where a person has been made statutorily redundant, i.e. where an employee's job no longer exists and they are not replaced having worked for the same employer for 2 years or more and receive an RP50 form, they would normally have enough PRSI contributions to qualify for a Jobseekers Benefit payment. For more information contact the INOU on (01) 856 0088

Voluntary Redundancy and Jobseekers Benefit

A voluntary redundancy situation arises when an employer requires fewer workers and asks for employees to volunteer for redundancy. An employee who takes voluntary redundancy from their job will not be disqualified from claiming Jobseekers Benefit and will retain entitlement to their full term of Jobseekers Benefit. For more information contact the INOU on (01) 856 0088.

Re-qualifying for Jobseekers Benefit

If you have used up your entitlement to Jobseeker's Benefit, you may requalify for JB if you have paid 13 PRSI contributions at class A, H or P after you received at least 156 days on your JB claim and you satisfy the other conditions for Jobseeker's Benefit. In this instance you must have been in employment, and paying Class A PRSI, while in receipt of a Jobseekers Benefit payment.

Disqualification from payment

You can be disqualified from payment for a maximum of nine weeks at the beginning of your claim for the following reasons:

• If you leave your job, including employment schemes, without just cause or a good reason
• If you lose your job because of your own misconduct.
• If you are aged under 55 and accept a redundancy payment of over €50,000. The disqualification period can be from one week up to nine weeks, depending on the amount of redundancy you receive. Deductions are allowed for any arrears that you have to pay on your mortgage or utilities.

Not Genuinely Seeking Work (GSW)

Persons in receipt of Jobseekers Benefit are required to satisfy the 'Genuinely Seek Work' (GSW) conditions in order to continue to qualify for the payment. People in receipt of Jobseekers Benefit can be called for interview by the Department of Social Protection to determine if they are meeting the GSW requirements in accordance with the department's guidelines. If the Department form the opinion that you are not Genuinely Seeking Work your claim can be refused and payment can be stopped. If this happens you can appeal this decision and seek a Supplementary Welfare Allowance payment (SWA) while making your appeal. Please contact the INOU on (01) 856 0088 for information and assistance. Refusing Employment or Training If you refuse an offer of employment, education or training without just cause or good reason the Department of Social Protection may refuse your claim and stop payment of your Jobseekers Benefit payment. Please contact the INOU on (01) 856 0088 for information.

Jobseeker's Allowance

Jobseekers Allowance is a payment available to unemployed jobseekers who are out of work, who do not have enough PRSI contributions to qualify for Jobseekers Benefit and who satisfy the 'Genuinely Seeking Work' conditions. Jobseekers Allowance is 'means tested', so any income you have from savings or investments or property other than your own home may affect your payment. You may qualify to receive an additional payment for your spouse/civil partner/cohabitant (Qualified Adult) and any dependant children under the age of 18. If the Qualified Adult works, €60 is disregarded and 60% of the balance is assessed as income and is deducted from the family rate of payment. This process is fully explained in Chapter 4.

 

Maximum Rates of Payment - Jobseeker's Allowance Main Claimant: €188.00 Qualified Adult: €124.80 Each Qualified Child €29.80 Jobseeker's Allowance may be affected by any additional income from employment, self-employment, savings, investments, pensions and property other than your own home.

 

Duration of payment:

Jobseekers Allowance is paid up to the age of 66 as long as you continue to satisfy the qualifying criteria - that you are fully unemployed or unemployed at least 3 out of 6 days, that you are fit, able and available for work, that you are Genuinely Seeking Work, that you are willing to accept any reasonable offer of training, re-training, education or work experience and that you continue to satisfy the means test.

Jobseeker's Allowance - under 25 years of age

There are differing rates of payments for persons claiming Jobseeker's Allowance who are under the age of 25.

Full-Rate Payment - under 25

The full rate payment of Jobseeker's Allowance will be paid to claimants under 25 who are: -

• Participating in a full-time Youthreach course for early school leavers -
• Participating in a full-time course in a Senior Traveller Centre -
• Participating in a full-time FÁS training course -
• Qualifies for the Back to Education Allowance to pursue a full-time second level course or a Post Leaving Cert course. (To qualify for the BTEA you must have been out of formal education for at least 2 years and been in receipt of a jobseekers payment for at least 3 months.)

The full rate of €188.00 is payable only for the duration of the course e.g. where a person under 25 years has completed a FÁS course he/she will return to the appropriate rate of Jobseekers Allowance.

There are reduced rates of JA (see below) for people under 25. But the full rate of Jobseeker's Allowance will be paid to those under 25 years of age in the following circumstances:

People who WILL NOT be affected by this change are:

• Those with dependent children (Qualified Child on JA payment)
• Those who qualify for Jobseeker's Benefit or whose Jobseeker's Benefit payment has exhausted and they are transferring from Jobseeker's Benefit to Jobseeker's Allowance
• Those who sign off Jobseeker's Allowance because they found work and, having lost their job, makes a repeat claim within 12 months. -
• Those leaving the care of the Health Service Executive at age 18. e.g. those in foster homes or HSE care facilities or who were under HSE care within the last 12 months before they reached 18. -
• Those who were 20/22 before the 30th of April/December 2009 and whose payment commenced prior to the 30th April/December 2009.

 

Jobseeker's Allowance maximum weekly rates for people aged 25 and over New and Existing Personal Increase for a Increase for a Claimants Rate Qualified Adult Qualified Child Maximum Rate €188 €124.80 €29.80

 

Jobseeker's Allowance maximum weekly rates for people under 25 years of age New and Existing Personal Increase for a Increase for a Claimants Rate Qualified Adult Qualified Child (Maximum Rate) 18-19 €100.00 €100.00 -- 20-21 €100.00 €100.00 -- 22-24 €144.00 €124.80

 

Issues that may affect your claim

Processing times for Jobseekers Allowance claims

Depending on a variety of circumstances, your application for Jobseekers Allowance may take a number of weeks to be processed. While awaiting the processing of your claim you may be able to make a claim for Supplementary Welfare Allowance from the Community Welfare Officer in your local Health Centre. This is a means tested payment and will take into consideration you and your spouse/civil partner/cohabitants savings, investments, property other than your own home and any income from employment/self-employment either you or your partner may have.

Any monies paid to you under these circumstances will be recovered from the Department of Social Protection by the HSE from any arrears accrued in the processing of your Jobseekers Allowance claim. For more information contact the INOU on (01) 856 0088.

Jobseeker's Allowance and Europe

Payment while Jobseeking Abroad

Unlike Jobseekers Benefit, you cannot claim a Jobseekers Allowance payment if you wish to go to another EU country to look for work. You must be resident in the country to claim Jobseekers Allowance.

Habitual Residence Condition

As of 1st May 2004, a person, must satisfy Habitual Residence conditions in order to qualify for Jobseeker's Allowance and Supplementary Welfare Allowance payments, regardless of your nationality. Generally an applicant who has been present in Ireland for 2 years or more, works here and has a settled intention to remain in Ireland and make it his/her permanent home may satisfy the habitual residence condition.

Persons who have lived in other parts of the Common Travel for two years or more and then move to Ireland with the intention of settling here may satisfy the habitual residence condition.

PLEASE NOTE: Section 246 of the Social Welfare Consolidation Act 2005 provides that: "it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date." The presumption in Section 246 (1) does not mean that an applicant is automatically considered to be habitually resident in the State because he or she has been here (or in another part of the Common Travel Area) for 2 years or more.

 

 

Refusal of a payment on Habitual Residence conditions can be appealed to the Social Welfare Appeals Office. Contact the INOU on (01) 856 0088.

 

As of the 5th May 2005, EEA citizens and Swiss nationals who are employed or self-employed in Ireland, paying PRSI or who are claiming jobseeker's benefit at the time they make a claim for One-Parent Family Payment will automatically satisfy the Habitual Residence criteria.

 

Disqualification from payment -

Not Genuinely Seeking Work (GSW)

Persons in receipt of Jobseekers Allowance are required to satisfy the 'Genuinely Seek Work' (GSW) conditions in order to continue to qualify for the payment. People in receipt of Jobseekers Allowance can be called for interview by the Department of Social Protection to determine if they are meeting the GSW requirements in accordance with the department's guidelines. If the Department form the opinion that you are not Genuinely Seeking Work your claim can be refused and payment can be stopped. If this happens you can appeal this decision and seek a Supplementary Welfare Allowance payment (SWA) while making your appeal. Please contact the INOU on (01) 856 0088 for information and assistance. - Failure to disclose information Persons in receipt of Jobseekers Allowance are required to advise the Department of Social Protection of any change to their circumstances, particularly those in relation to their availability for work or means i.e. savings, investments, property and partners income. Failure to disclose such information could result in a Jobseekers Payment being suspended or disqualified. If this happens you may be able to appeal this decision please contact the INOU on (01) 856 0088 for information. -

Refusing Employment or Training

If you refuse an offer of employment, education or training without just cause or good reason the Department of Social Protection may refuse your claim, may reduce your payment or may stop your Jobseeker's Benefit/Jobseeker's Allowance payment completely. If this happens you may be able to appeal this decision please contact the INOU on (01) 856 0088 for information.

How to apply for Jobseeker's Benefit or Jobseeker's Allowance

When applying for a Jobseeker's payment the following checklist will help you in making your claim:

1. Apply as soon as you can when you finish work, i.e. the first day you are unemployed. The first three days of every new claim are called waiting days and you do not receive payment for these days. If you are applying for a means tested payment you will be asked for your own and your spouse/civil partner/cohabitant's recent bank statements and/or payslips and any other documentation that relate to your means.

2. You will need to bring your passport or driver's licence as proof of your identity. You may also need proof of your address if the address the Department has on their system is different to your current address eg. a household bill (gas, ESB etc.), bank statement or tax document.

3. Bring your P45 or a letter from your employer stating the last day you worked. (See also P45 issues on page 18) - this applies to both Jobseeker's Benefit and Jobseeker's Allowance.

4. On the application form you will be asked about the type of work you are looking for, what times you are available for work and the efforts you have made in seeking work. Be as accurate as possible in your answers and always think through the implications of what you are saying. You must show that you are looking for full-time work and that you are willing to accept any reasonable offer of employment based on your skills, qualifications and experience. You must also show that you are willing to look at different types of work (see Genuinely Seeking Work in this Chapter). If you are in payment, your claim will be reviewed by the office from time to time so you should keep details of any e-mails or letters from employers and jobs that you have applied for.

5. While you are waiting for a decision on your Jobseeker's claim, and if your income is not enough to meet your needs, you can apply for a means tested Supplementary Welfare Allowance (SWA) payment. Applications for SWA payments should be made to the Community Welfare Officer at your local Health Centre. -

• If you are refused an SWA payment you should apply to the Community Welfare Officer (CWO), in your local health centre, for a Basic Weekly Payment. Also, under the legislation governing the scheme, the HSE may make a single payment to meet an exceptional need to people on Social Welfare or HSE payments. This is a once-off payment to meet an unforeseen or special need that cannot be met from a person's basic income. Assistance in the form of an Urgent Needs Payment (UNP) can be also made to persons who would not normally be entitled to SWA,to assist, for example in cases of flood damage with immediate needs such as food, clothing, fuel, household goods and perhaps shelter. Contact the INOU on (01) 856 0088 for information and assistance.

6. If you are in receipt of full-rate One-Parent Family Payment, Widow's or Widower's Pension or Deserted Wife's Benefit you can still claim Jobseeker's Benefit (if you have the right number of contributions and satisfy the normal Jobseeker's Benefit qualification conditions). In this case you would receive half the personal rate of Jobseeker's Benefit along with your other payment. You will be required to satisfy all of the conditions of Jobseeker's Benefit to qualify for this payment.

Your unemployment payment can be stopped if: -

• You refuse a suitable job offer, including Community Employment or a suitable offer of training, re-training or education. -
• You are suspected/convicted of fraud in relation to a Social Welfare payment.

When receiving your JB/JA, there are three things to remember:

1. You must be genuinely seeking and available for full-time work and able to provide proof of your efforts to find work. Always keep records of your job seeking efforts. You will be asked to show proof of your efforts to find work to the Department from time to time. You should keep a scrapbook, folder or copy where you can keep records of job seeking - for example job advertisements from newspapers, lists of telephone calls you made and copies of letters you sent to employers.

2. You must inform the Department of any change in your circumstances. They may ask you questions to make sure you are in the same circumstances as when you first signed-on. Be aware of this and be able to answer any questions they may ask you. Always make sure that you tell the Department if you do any of the following:

• Take up paid employment of any sort. -
• Take up voluntary work. -
• Find employment on a government or FÁS employment programme/ training scheme. -
• Claim and receive any other benefit or assistance. -
• Return to education. -
• Leave the country. -
• Have any changes in your family circumstances that may affect your payment, i.e. if a dependant child moves out of the family home or if your partner takes up employment. -
• If you are, for whatever reason, unable to take up employment.

If your circumstances change for the worse you may be entitled to some additional assistance - always check it out and ask your local Social Welfare office to review your claim.

3. If the Department overpays you in error or because of a change in your circumstances, you will be asked to repay it. You are entitled to negotiate with the Department as to how you should repay the money and agree an affordable repayment plan - however, you cannot be left with less to live on than the current rate of Supplementary Welfare Allowance. Ask for the Code of Practice on overpayments.

 

Remember: In some cases it is possible to work, or go back to school/college and continue signing-on for Jobseeker's Allowance/ Benefit, see Chapter 4 and Chapter 6.

Last Updated: 08/09/2011 ^ back to top