Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd February, 2021.

I, HEATHER HUMPHREYS, Minister for Social Protection, having regard to the continuing risks to public health arising from COVID-19 and the consequent impact on employers and employees, in exercise of the powers conferred on me by sections 4 (as adapted by the Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 447 of 2020 )) and 68P(1)(da) (inserted by section 7 of the Social Welfare Act 2020 (No. 30 of 2020)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), with the consent of the Minister for Public Expenditure and Reform, hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Covid-19 Pandemic Unemployment Payment – Self-Employment Income Limits) Regulations 2021.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2020 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021.

Covid-19 Pandemic Unemployment Payment – Self-Employment Income Limits

2. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) are amended by the insertion of the following article after 52J:

“Self-employment income limits.

52K. (1) In accordance with sections 68L(1)(b)(ii) and 68L(1)(ba) the Covid-19 Pandemic Unemployment Payment shall be payable to a person whose net earnings from self-employment, calculated in accordance with sub-article (2), does not exceed €960 in an eight week period.

(2) For the purposes of section 68P(1)(da), where a deciding officer or an appeals officer assesses the income of a person for Covid-19 Pandemic Unemployment Payment, the net earnings from self-employment shall be calculated or estimated insofar as it comprises income from any form of self-employment, by reference to the net amount of such income, calculated or estimated in relation to an eight week period which appears to the officer to be appropriate for that purpose.

(3) Where the net earnings from self-employment calculated in accordance with sub-article (2) exceeds €960 in an eight week period Covid-19 Pandemic Unemployment Payment shall not be payable.”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

GIVEN under my Official Seal,

21 January, 2021.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

28 January, 2021.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

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

These Regulations specify that a claimant of Covid-19 Pandemic Unemployment Payment can earn up to €960 over an eight week period, on a rolling basis, and continue to maintain their entitlement to their Covid-19 Pandemic Unemployment Payment claim.