leaving job

greg4577

My wife returned to work after maternity leave at the start of December. But after having hassle with her manager before and now getting hassle again she is thinking of leaving work.
Would she be entitled to anything from the social welfare if she left work on her own accord?
(We have 2 children and I’m self-employed-working 6 days a week but not earning much….if that helps)

Thanks

Granger13

Disqualification from payment
You can be disqualified from payment for a maximum of nine weeks
at the beginning of your claim for the following reasons.
• If you leave your job including employment schemes, without just
cause or a good reason.
• If you lose your job because of your own misconduct.
• If you are aged under 55 and receive a redundancy payment over
50,000. The disqualification period can be from one week up to
a maximum of nine weeks, depending on the amount of
redundancy you receive. Deductions are allowed for any arrears
that you have to pay on your mortgage or utilities.

Jobseeker’s Benefit (JB)
• Jobseeker’s Benefit is paid for a maximum of 12 months to new
claimants who have 260 or more paid contributions since starting
in insured employment.
• Jobseeker’s Benefit is paid for a maximum of 9 months to
claimants who have less than 260 paid contributions since
starting in insured employment
To make a claim for Jobseeker’s Benefit you must have the following
PRSI contributions:
At least 104 paid contributions since you first started work, and
• Have 39 paid or credited in the relevant tax year (of which at least
13 must be paid * ) or
• Have 26 paid contributions in the relevant tax year and 26 paid
contributions in the year immediately preceding it
* If you do not have 13 paid contributions in the relevant tax year
the following years can be used to meet the condition: The two
tax years before the relevant tax year; the last complete tax year;
the current tax year.

Once you qualify for a payment the amount you receive will be
based on your average weekly gross earnings in the relevant
tax/contribution year.
If you earned a gross weekly average of €300.00 per week in the
relevant tax year and you satisfy all of the conditions, you will qualify
for the maximum personal rate of Jobseeker’s Benefit.

Wage Band Limits
Jobseeker’s Benefit rates are graduated according to earnings in the
relevant tax year. A reduced rate of Jobseeker’s Benefit is payable if
your average weekly earnings in the relevant tax year is under ?300.
To get your average weekly earnings in the relevant tax year, your
gross yearly earnings are divided by the number of PRSI contributions
you paid at class A, H, or P. The relevant tax year is 2 years before the
year of your claim.

The above is from the INOU Working for Work 17th Edition, This also gives examples of how it is caluculated.

There website is:

http://www.inou.ie/download/pdf/working_for_work_2010_final_version.pdf

Also here a few links which help explain entitlements

http://www.citizensinformation.ie/en/

http://www.welfare.ie/EN/Pages/default.aspx

tenchi-fan

if she is entitled to JSB... She will most likely be excluded from JSB for up to 2 months for walking out of a job, unless she can prove the circumstances under which she left (including copies of solicitors letters). After that the social welfare officer will consider whether she is genuinely available for work.

Given the presence of babies and children it becomes unlikely that she would have the time to jobsearch or to be available to accept a job if she was offered one. That's just my personal opinion. Maybe the welfare officer won't consider this fact.

Anyway, once her JSB runs out she probably won't be eligible for JSA as you are self-employed. You'd need to prove you were on scrapings of tin to get a favourable outcome in the means test.

greg4577

Ok so am I right to say that if she left work on her own accord she would get JSB after 9 weeks for 12 months? She doesn’t want to go down the road of solicitors and all that with her current employers

mrsbyrne

greg4577 wrote: »

Ok so am I right to say that if she left work on her own accord she would get JSB after 9 weeks for 12 months? She doesn’t want to go down the road of solicitors and all that with her current employers

no she would get JSB for 12 months less 9 weeks:( but she will only get the JSB at all if the deciding officer comes to the conclusion that she is available for full time work.

Granger13

Genuinely Seeking Work (JB and JA)
In order to qualify for a jobseeker’s payment you must prove that
you are Genuinely Seeking Work. This means that you must be able
to show that you are:

Willing to accept any reasonable offer of employment based onyour skills, qualifications and experience.

Willing to accept any reasonable offer of training, re-training or
education to improve your prospects of finding employment

Able to show that you have, in the relevant period, taken
reasonable steps which offer you the best prospects of getting
employment. You will be expected to use all available services
and supports to help you seek employment and have proof of your jobseeking efforts.

The above are the Department of Social Protections guidelines.

Its like a tick box system, if she ticks the abox boxes then she should be eligible for the JB, less the period for disqualifcation