Rules

To get Jobseeker's Allowance you must:

• Be unemployed
• Be over 18 and under 66 years of age
• Be capable of work
• Be available for and genuinely seeking work
• Satisfy the means test
• Meet the Habitual Residence Condition

Unemployed

To get Jobseeker’s Allowance you must be unemployed. However, there are circumstances in which you can do some work and get Jobseeker’s Allowance. You can also take up to two weeks holiday in a year and continue to get your payment.

Part-time or casual work

If you get part-time or casual work (up to and including 3 days per week), you may still be paid a proportion of your Jobseeker's Allowance. However, you must show that you are trying to get full-time employment. If you have been getting long-term Jobseeker's Allowance (15 months or more) and you take up part-time work for less than 24 hours a week you may be eligible for the Part-time Job Incentive Scheme. This scheme allows you to take up part-time work and get a special weekly allowance instead of your jobseeker’s payment.

Reduced days at work

If your employer reduces your days at works to 3 days week or less, you may get Jobseeker's Allowance for the other days. You must meet the other conditions that apply to Jobseeker's Allowance, for example, you must satisfy a means test.

Lay off

A lay-off situation arises where your employer is unable to provide work for you, but believes this to be a temporary situation and tells you this before the work finishes. If you are laid off work you may get Jobseeker’s Allowance. You will not get Jobseeker’s Allowance for any day you are getting holiday pay.

Self-employment

If you are self-employed, you may be entitled to Jobseeker's Allowance, depending on your income from your business. Find out more about self-employment and unemployment. Self-employed farmers on a low income should apply for Farm Assist.

Voluntary work

You may be able to do voluntary work and continue to get Jobseeker's Allowance. You must continue to satisfy the conditions of the payment, which means that you must be available and looking for work. You must also get permission from a Deciding Officer at your Social Welfare Local Office. Find out more about voluntary work and social welfare payments.

On strike

If you are on strike, you will not be considered unemployed and will not get Jobseeker's Allowance. However, if you are out of work as a result of a strike, for example, you have been laid off because of the strike, you may get Jobseeker's Allowance. You may get Jobseeker's Allowance if you are "not participating in or directly interested in the trade dispute which caused the stoppage at work".

If you are on strike your family may get Supplementary Welfare Allowance.

Capable of work

You are capable of work unless you can produce medical evidence to prove that you are not able to work. If you have spent some time incapable of work you must produce a final medical certificate to prove that you are now fit for work.

If you are ill and incapable of work you may be entitled to Disability Allowance or Illness Benefit.

Available for and genuinely seeking work

You must be available for work and actively looking for work to qualify for Jobseeker's Allowance. You may be asked to show evidence that you are actively seeking work. For example, letters showing job applications or failure to get a job.

Unavailable for work

You can be regarded as not being available for work and not entitled to Jobseeker's Allowance if you put unreasonable restrictions on the following:

• The nature of the employment
• The hours of work
• The rate of pay
• The duration of the employment
• The location of the employment

If a Deciding Officer is of the opinion that you have placed unreasonable restrictions, you will be interviewed and given the opportunity to respond.

If you are looking after a sick or elderly person you may be entitled to Carer's Allowance.

Means test

Jobseeker's Allowance is a means-tested payment. Your means must be below a certain level to get Jobseeker’s Allowance. A means test looks at all your sources of income including your spouse’s, civil partner’s or cohabitant's. However, some income may not be taken into account. (A cohabitant is a person living in an intimate and committed relationship with a person of the same or opposite sex who is not that person’s spouse, civil partner, or a close relative.)

Your total household means is deducted from the maximum payment (usually this is the personal rate including any increases for adult and child dependants) to find the actual amount of Jobseeker’s Allowance you are entitled to. Find out more about the means test for Jobseeker’s Allowance.

If you are 24 years of age or under and you are living with a parent or a step-parent in the family home, some of your parents' income will also be taken into account in the assessment for Jobseeker's Allowance. The Department call this an assessment of the 'benefit and privilege' you get from living with your parents. Find out more about how living with your parents is assessed in the means test.

Your means are halved if your spouse/civil partner/cohabitant is:

• Getting a social welfare payment (except Child Benefit, Domiciliary Care Allowance, Disablement Pension, guardian's payment, Supplementary Welfare Allowance and half-rate Carer's Allowance)
• On a FÁS or VTOS course and getting an allowance in his or her own right

If your means are halved, you will not get an increase for a qualified adult but you will get a half-rate increase for each qualified child.

Spouse, civil partner or cohabitant working

If your spouse, civil partner or cohabitant works it can affect your Jobseeker's Allowance. Their earnings from insurable employment are assessed in the same way as your earnings from part-time or casual work. Find out more about work and Jobseeker’s Allowance.

Disqualification from Jobseeker's Allowance

You may be disqualified from getting Jobseeker's Allowance for 9 weeks if you:

• Left work voluntarily and without just cause
• Lost your job through misconduct
• Refused an offer of suitable alternative employment or suitable training

Suitable employment does not include employment in a job that is vacant because of a trade dispute. In addition, the employment must be suitable, having regard to your age, sex, physique, education, normal occupation, where you live, rate of pay offered and your family circumstances.

Reduction in payment

The Social Welfare Act 2010 provides that your payment can be reduced if you:

• Refuse an appropriate offer of training by an officer of the Department of Social Protection or FÁS
• Decline an intervention under the Employment Action Plan (EAP), do not attend EAP meetings with a FÁS officer under the EAP or drop out of the EAP process

Community Employment Schemes are not considered to be FÁS training opportunities.

If you are:

• Age 25 or over, your payment can be reduced to €144
• Age 22-24, your payment can be reduced to €111
• Age 18-22, your payment can be reduced to €75

Students

If you have just left school you cannot get Jobseeker's Allowance. To get Jobseeker's Allowance you must have been out of school for three months and you must be at least 18 years of age.

Short-term employment or training

The Department of Social Protection operates a fast-tracking system for people who sign off a jobseeker's payment to take up work for a short period (up to 4 weeks) or to go on a short training course (up to 8 weeks). This ensures that your payment is re-instated without delay. It is important that you inform your local social welfare office in advance that you are taking up work or training.