S.I. No. 375/1996:

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (UNEMPLOYMENT ASSISTANCE) REGULATIONS, 1996

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (UNEMPLOYMENT ASSISTANCE) REGULATIONS, 1996

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 (as amended by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)), 121A (inserted by section 22 of the Social Welfare Act, 1996 ) and 206 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1(6) (inserted by section 11 of the Social Welfare (No. 2) Act, 1995 (No. 23 of 1995)) and Rule 1(7) (inserted by section 22 of the Social Welfare Act, 1996 ) of Part I of the Third Schedule to the said Act hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance) Regulations, 1996.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996.

2. In these Regulations --

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ); and

"the Regulations of 1995" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) Regulations, 1995 ( S.I. No. 242 of 1995 ).

3. These Regulations shall come into operation on the 27th day of November, 1996.

4. The Principal Regulations are hereby amended by--

(a) the substitution in article 89 for sub-articles (3) and (4) of the following sub-articles:

"(3) For the purposes of Rule 1(7) of Part I of the Third Schedule to the Principal Act, the value of any money derived by a person engaged in insurable employment shall be sixty per cent. of the average weekly earnings from such employment which that person may reasonably expect to receive during the period for which the employment is expected to continue:

Provided always that in the case of a person who is not in receipt of an increase under section 121(1) (b) (ii) in respect of a qualified child, the average weekly earnings shall be first reduced by £10 for each day on which that person is so employed during the week in respect of which unemployment assistance is payable.

(4) For the purposes of sub-article (3), the average weekly earnings shall be determined by reference to the earnings actually received from insurable employment in the thirteen weeks preceding the date of claim for unemployment assistance or such other period which a deciding officer or an appeals officer considers appropriate having regard to the circumstances of the particular case.", and

(b) the substitution for sub-articles (1) and (2) of article 89A (inserted by article 4 of the Regulations of 1995) of the following sub-article:

"(1) For the purposes of Rule 1(6) of Part I of the Third Schedule to the Principal Act, the value of any moneys derived by a person engaged in insurable employment of a seasonal nature shall be the average weekly earnings from such employment, calculated in accordance with article 89(3) and 89(4), which that person may reasonably expect to receive during the period of seasonal employment.".

5. The Principal Regulations are hereby amended by the insertion in article 110 after sub-article (4) of the following sub-article:

"(4A) Notwithstanding section 120(1) where–

(i) the first 3 days of unemployment in a continuous period of unemployment are days in respect of which the provisions of section 120(2) (a) apply, unemployment assistance may be paid in respect of any subsequent days of unemployment following the third such day up to but not including the next following Wednesday,

(ii) the first day of unemployment for which unemployment assistance is claimed is a day of the week other than a Wednesday and is not a day to which the provisions of section 120 (2) (a) apply, unemployment assistance may be paid in respect of that day and any subsequent days of unemployment up to but not including the next following Wednesday,

(iii) a change in circumstances which affects the rate of unemployment assistance payable occurs on a day of the week other than a Wednesday, unemployment assistance shall be payable in respect of each day of unemployment in the week commencing on the previous Wednesday and the rate of assistance payable in respect of the day from which the change in circumstances occurs and any subsequent day of unemployment in the said week up to and including the next following Tuesday, shall be determined having regard to the change in circumstances,

(iv) the day in respect of which a person ceases to be entitled to unemployment assistance is a day other than a Wednesday, unemployment assistance may be paid in respect of any day of unemployment as and from the preceding Wednesday up to but not including the said day, and

(v) in any period commencing on a Wednesday and ending on the next following Tuesday a person is disqualified under any provision of the Principal Act from receiving unemployment assistance in respect of any day in that period, unemployment assistance may be paid in respect of any remaining days of unemployment in the said period in respect of which any such disqualification does not apply.".

GIVEN under the Official Seal of the Minister for Social Welfare this

26th day of November, 1996.

PROINSIAS DE ROSSA

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 28th

day of November, 1996

RUAIRI QUINN

Minister for Finance

EXPLANATORY NOTE

These Regulations prescribe the manner in which earnings from insurable employment are to be assessed for the purposes of entitlement to Unemployment Assistance and they also specify the method of determining average weekly earnings for this purpose. The Regulations come operation with effect from 27 November, 1996.