S.I. No. 327 of 2016


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S.I. No. 327 of 2016

 

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 1) (EXEMPTION FROM DISQUALIFICATION FOR COURSE OF STUDY) REGULATIONS 2016

 

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal
interpretation.)
Sections 68A and 148 of the Social Welfare Consolidation Act 2005 provide
that, subject to exceptions to be provided for by regulation, a person is disqualified
from Jobseeker’s Benefit or Jobseeker’s Allowance while that person is
attending a course of study. In respect of second level education, a person is
regarded as attending a course of study for a period of three months immediately
following the completion or leaving by that person of second level
education.
Articles 47A and 121 of the Social Welfare (Consolidated Claims, Payments
and Control) Regulations 2007 (S.I. No. 142 of 2007) currently provide for two
exceptions to the disqualification from Jobseeker’s Benefit or Jobseeker’s
Allowance in accordance with sections 68A and 148 of the Social Welfare Consolidation
Act 2005 while a person is attending a course of study. These exceptions
apply to—
— mature students in respect of the interval between the end of one
academic year and the beginning of the next, and
— long-term unemployed persons under the age of 21 years who engage in
certain approved educational, training or development activities.
Currently, participants on the Department of Education and Skills’ Youthreach
programme who return to second chance education (i.e. undertake a Junior
Certificate or Leaving Certificate course on a Youthreach programme) are
not exempt from the three month disqualification for Jobseeker’s Benefit or
Jobseeker’s Allowance following the completion or the leaving by that person
of that second chance education.
These Regulations replace articles 47A and 121 to provide for a third exception
to the disqualification for Jobseeker’s Benefit or Jobseeker’s Allowance
while a person is attending a course of study. The three month disqualification
that currently applies to Youthreach participants will now no longer apply.
The Regulations also update the references to relevant statutes and regulations
as respects the application of the existing exemption for mature students.
Last modified:24/06/2016