# Entitled to Dole?



## mickeyg (27 Oct 2016)

My contract of 16 months is ending at the end of November. During this time my employer has been deducting tax, PRSI etc and everything has been paid and up to date. The 2 odd years before this contract started I was not employed (travelling) but other than that I would have been paying PRSI stamps for all of my working life - I am 58 now.
Post November I will be actively looking for further employment.
My wife is currently employed and earning a good salary.
Given these circumstances will I be able to claim any thing from social welfare??


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## moneybox (27 Oct 2016)

It's doubtful you will be entitled to anything as jobseekers benefit goes from previous two years employment. What you paid down through years is not relevant except for state pension purposes. You can make claim for jobseekers allowance but it will be means tested and partner's salary taken into account.  Even if you are turned down. you should  sign on for credits  as you have already lost two years contributions  due to your travelling.


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## Protocol (27 Oct 2016)

Rules for JSB:

http://www.welfare.ie/en/Pages/Jobseeker's-Benefit.aspx#l1f4da

*Rules*
To qualify for Jobseeker's Benefit you must be aged under 66 and:


Be unemployed (you must be fully unemployed or unemployed for at least 4 days out of 7)
Have had a substantial loss of employment and as a result be unemployed for at least 4 days out of 7
Be capable of work
Be available for and genuinely seeking work
Have enough social insurance (PRSI) contributions
You can read more about the conditions for getting a jobseeker's payment and about the employment services the Department of Social Protection offers to jobseekers. There are some exceptions to the rules for pregnant women around the time of birth.


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## Protocol (27 Oct 2016)

*Social insurance (PRSI) contributions*
To qualify for Jobseeker's Benefit, you must pay Class A, H or P PRSI contributions. Class A is the one paid by most private sector employees. Class H is paid by soldiers, reservists and temporary army nurses, who do not qualify for Jobseeker's Benefit until they have left the army. To qualify you need:


At least 104 weeks PRSI paid since you first started work
*And*


39 weeks PRSI paid or credited in the relevant tax year (a minimum of 13 weeks must be paid contributions***)
*Or*


26 weeks PRSI paid in the relevant tax year and 26 weeks PRSI paid in the tax year immediately before the relevant tax year.
***If you do not have 13 paid contributions in the relevant tax year, you must have paid 13 contributions in any of the following years:


The 2 tax years before the relevant tax year
The last complete tax year
The current tax year.
The relevant tax year is the second last complete tax year before the year in which your claim is made. So, for claims made in 2016, the relevant tax year is 2014.

There are a number of circumstances in which you can be awarded credited contributions. For example, pre-entry credits are given when you start employment for the first time in your working life. However, you can only qualify for Jobseeker's Benefit when you have actually paid 104 contributions. Credits are also awarded while you are getting certain social welfare payments, including Jobseeker's Benefit (provided it is for 6 days), Illness Benefit and, in some cases, Jobseeker's Allowance.

Contributions you have paid in other member states of the EU/EEA will be added to your Irish contributions. If you are applying for Jobseeker's Benefit and need the contributions paid in another EU/EEA country to help you qualify, then your last contribution must have been in Ireland.

Under the Social Welfare (Consolidation) Act 2005 employers are obliged to register all employees for PRSI. Read more in our document on your Employer's duty to pay social insurance.


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## Black Sheep (27 Oct 2016)

It appears Jobseekers Allowance (means tested) is unlikely as your wife has a good income.

Jobseekers Benefit is likely as you appear to satisfy the PRSI conditions

104 Contributions since starting work
13 + contributions in 2015 
13 + contributions in 2016


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## moneybox (27 Oct 2016)

Black Sheep said:


> It appears Jobseekers Allowance (means tested) is unlikely as your wife has a good income.
> 
> Jobseekers Benefit is likely as you appear to satisfy the PRSI conditions
> 
> ...



From reading the regulations, it appears the relevant tax year for the OP is 2014, a year when he wasnt contributing.


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## mickeyg (28 Oct 2016)

Actually Moneybox that was my interpretation too i.e. that I do not qualify as I did not have 39 weeks PRSI paid in the "relevant year" which is 2014.
Further question is there any flexibility or can they apply any flexibility  regarding relevant years etc. as it would appear I have just been unfortunate with the timings!


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## elcato (28 Oct 2016)

No flexibility with the jobseekers benefit but that's why they means test the allowance as that is effectively the same thing.


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## ppmeath (28 Oct 2016)

mickeyg said:


> Actually Moneybox that was my interpretation too i.e. that I do not qualify as I did not have 39 weeks PRSI paid in the "relevant year" which is 2014.
> Further question is there any flexibility or can they apply any flexibility  regarding relevant years etc. as it would appear I have just been unfortunate with the timings!



My reading is the same as Blacksheeps.

If you don't have the 39 weeks in 2014, then you must have 26 and 13 of them have to be paid, if you don't have them, then you need 13 paid in 2014 - which you don't have, then you have to have 13 in 2012, the last complete tax year *or the current year 2016. *



*"And*


39 weeks PRSI paid or credited in the relevant tax year (a minimum of 13 weeks must be paid contributions***)
*Or*


26 weeks PRSI paid in the relevant tax year and 26 weeks PRSI paid in the tax year immediately before the relevant tax year.
***If you do not have 13 paid contributions in the relevant tax year, you must have paid 13 contributions in any of the following years:


*The 2 tax years before the relevant tax year*
*The last complete tax year*
*The current tax year."*
As Blacksheep said - you have 104 since you started work and 13+ in 2015 and 13+ in 2016.


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## gipimann (28 Oct 2016)

The 104 +13+13 isn't enough to be eligible for Jobseekers Benefit.  The "39" contribution rule still applies.  

The rule states that there must be 39 weeks paid or credited in the relevant tax year, of which 13 must be paid.

In 2016, a person applying must have 39 contributions in 2014, of which 13 must be paid contributions.
If there were fewer than 13 weeks paid contributions in 2014, other years can be looked at to satisfy the paid contribution requirement, but there is still the overall requirement to have 39 contributions for 2014.

It would appear that the OP is not eligible for Jobseeker's Benefit.
The relevant tax year will change in January, so depending on the number of contributions paid in 2015, you may become eligible from January if you are still unemployed.


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