In order to qualify for jobseeker’s benefit a person must satisfy certain conditions. The governing legislation sets out certain circumstances where it is possible for a person to be engaged in insurable employment or self-employment and still satisfy the unemployment condition. One of these circumstances is where the person has what is defined as ‘subsidiary employment’.
Subsidiary employments are employments that are considered secondary to the principal employment. To be considered as subsidiary employment under social welfare regulations the relevant employment should be in addition to the jobseeker’s usual employment. It must have been followed by them outside the ordinary working hours of their usual employment. The amount of earnings or profit from the occupation cannot exceed €12.70 per day. Where the level of eligible earnings or profit is in respect of a longer period, those earnings or profit must not on a daily average exceed €12.70 per day.
The jobseeker must also have a minimum of 117 PRSI contributions paid immediately preceding the date of the claim or in respect of the last 3 complete contribution years.
In general, it would be deemed appropriate to consider an occupation/employment as subsidiary where the above conditions are satisfied and where both employments were carried out concurrently for a period of 6 months immediately prior to the date of claim. In such circumstances it is possible for a person to be engaged in insurable employment or self-employment and still satisfy the unemployment condition.
Every case is decided based on the individual circumstances of the case but in order for individual to qualify for subsidiary employment the above conditions must be satisfied. Where a customer is not satisfied with the decision of a Deciding Officer this decision can be appealed to the Social Welfare Appeals Office.
