S.I. No. 408 of 2001

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 5) (EDUCATIONAL OPPORTUNITIES) REGULATIONS, 2001

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 9 of the section 37 of the Social Welfare Act, 2001 ) and 120 (as amended by section 30 of the Social Welfare Act, 1997 ( No. 10 of 1997 )) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) , hereby makes the following Regulations:

Citation and construction.

1. (1)   These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Educational Opportunities) Regulations, 2001.

(2)   These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2001 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2001.

Commencement.

2.   These Regulations shall come into operation on 1 September 2001.

Persons deemed to be available for employment.

3.   Article 73 of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (Educational Opportunities) Regulations, 1998 ( S.I. No. 54 of 1998 )) is amended by the substitution for sub-article (4) of the following sub-articles:

“(4)   In the case of a person who commences and continues to participate in an activity in a continuous period of unemployment and is aged 18 years or over and under 21 years and has, at the commencement of the activity, been in receipt of unemployment assistance, unemployment benefit or unemployment assistance and unemployment benefit, for a period of not less than 156 days and who has not been enrolled in or attending an institute of education, for the purposes of completing a course of education or a course of instruction, within the 2 years immediately preceding the commencement of the activity, he or she shall be deemed to be available for employment on any day in which he or she is participating in an activity:

Provided that he or she has given prior notice to the Minister of his or her intention to participate in that activity.

(5)   In this article “activity” means participation by a person in a course of education, training or development approved by the Minister.”.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

To mirror an improvement in qualification for the Back to Education Allowance and Educational, Training and Development option, these Regulations now provide for unemployed persons aged between 18 and 20 years to retain their entitlement to payment of Unemployment Benefit or Assistance while participating in an approved course of education, training or development in the following circumstances:-

-   where they have been in receipt of Unemployment Assistance or Unemployment Benefit for not less than 156 days, and

-   where they have been out of formal schooling for at least 2 years.