A person may qualify for Jobseeker's Benefit in respect of any day of unemployment as set out in section 62(1), Chapter 12 of the Social Welfare Consolidation Act 2005 where they meet the conditions of the scheme. A day is not normally treated as a day of unemployment if the person is engaged in an occupation from which they derive any remuneration or profit, which would include being actively engaged in farming.
Section 62(9) of the Act specifically provides for Regulations which provide for the days which are not to be treated as days of unemployment. This sets out the circumstances where it is possible for a person to be engaged in employment on a given day and still satisfy the unemployment condition for that day.
A person may be eligible for Jobseeker's Benefit if the occupation could ordinarily have been followed by the person in addition to their usual employment and outside the ordinary working hours of that employment and the total remuneration or profit from any days of such occupation does not exceed €7,500 on an annual basis, or, €144 on a weekly basis. Or where they have at least 117 employment contributions paid in respect of the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day. This is referred to as subsidiary employment and could include occupations such as small-scale farming where these conditions are met. The relevant Regulation is Article 44 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S.I. 142 of 2007) (as amended). Specifically the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Subsidiary Employment) Regulations 2018 (S.I. No. 651 of 2018) provides for the maximum limits.
If the person is engaged in farming and where they may not have an entitlement to Jobseeker's Benefit or if they exhaust their entitlement, they may qualify for the means-tested Farm Assist scheme subject to satisfying the normal conditions for the payment.
I understand that the Deputy has provided details of a particular case which is being re-examined by the Department in view of the information provided. The Department can then advise of the specific position as regards Jobseeker's Benefit for this person's particular circumstances.
