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AI Summary of 149. Entitlement to allowance.

Subject to the Act, pre-retirement allowance is payable for a period of retirement to a person who: has attained the age specified by regulations but not pensionable age; whose weekly means, subject to subsection (4), do not exceed the allowance payable if the person had no means; and who meets one of the conditions in subsection (1)(c): (i) at least 390 days’ receipt of jobseeker’s benefit or allowance in a continuous period in the immediately preceding period (as read with s141(3)); (ii) as a separated spouse, no remunerative employment or self‑employment in the prescribed preceding period; (iia) as a civil partner not living with the other partner, the same employment restriction; or (iii) immediately before the claim week, ceased to be entitled to one‑parent family payment or carer’s allowance for the reasons specified in ss172(1) and 179(1).

Subsection (2) treats dissolved marriages and civil partnerships recognised in the State as continuing separation for entitlement and discontinues payment on marriage, new civil partnership or cohabitation. Weekly means equal yearly means divided by 52 with specified rounding; where the claimant’s partner is a Part 6 recipient or falls within specified categories the claimant’s means may be taken as one‑half, with transitional rules in ss4A–4C governing applicable calculation. Two retirement periods within 52 weeks are treated as continuous; ss7–9 allow prescription to end entitlement for periods beginning on or after a prescribed date, with exceptions for continuous periods begun earlier and specified carer recipients.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 9 of 9

149. Entitlement to allowance.

(1) Subject to this Act, an allowance (in this Chapter referred to as "pre-retirement allowance") shall be payable in respect of any period of retirement to a person -

(a) who has attained the age specified by regulations but has not attained pensionable age,

(b) whose weekly means, subject to subsection (4), do not exceed the amount of pre-retirement allowance (including any increases of that allowance) that would be payable to the person under this Chapter if that person had no means, and

(c)

(i) who has been in receipt of jobseeker's benefit or jobseeker's allowance in respect of not less than 390 days of unemployment in any continuous period of unemployment in the immediately preceding period as read in accordance with section 141 (3),

(ii) being a separated spouse, has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or

(iia) being a civil partner who is not living with the other civil partner of the civil partnership and who has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or