Class S PRSI from ARF for JSB

I will appeal that decision tomorrow, but bearing in mind it took over 3 weeks for them to reply to my first request for the decision to be reconsidered, it may be a little while before I hear anything. However, again, sincere thanks for the advice and assistance
 
I was just about to update here, but in short, still waiting...! I sent three reminders after my appeal, the last of which said they had no record of my appeal. I then pointed them in the right direction, and they located it, confirming that it was being forwarded to the appropriate section for review and reply. That was a month ago now. I'll follow up with them again before the end of this week if I don't hear anything by then.
Many thanks again for the help, fingers crossed
 
Can I ask a question regarding above topic which focuses on self employed from the perspective of an Employed person. If you apply for job seekers benefit and you are refused because DSP deem you are self employed because you have an ARF is that correct. I have never been self employed at any stage over 38+ years. I have a small annuity pension and an ARF set up by small transfer values from 2 other previous pension schemes I was a member of. I recently completed a 13 week temporary Clerical Officer contract in the Civil Service. My understanding was that the 13 weeks requalified me for JSB. I know I would never qualify for Job Seekers Allowance as that is means tested but JSB is not. My application was rejected because DSP are deeming any withdrawals from my ARF are Self Employed income. I know that ARF Withdrawals/distributions are subject to Class S PRSI contributions because an ARF is an investment fund but I don't understand how I can suddenly be treated as self employed when I have never been self employed at any stage. I clearly have 13 weeks PRSI contributions from TCO contract and signed on for credits for the rest of the time so do not understand how they are now telling me I'm self employed because of ARF. Can anyone please clarify for me if this is correct or are DSP just being a bit heavy handed here. They turned me down for Jobseekers Benefit Self Employed even though I applied for Job Seekers Benefit. Thanks.
 
@Gramps

Have you at least 39 class A paid or credited contributions in year 2023 ?

If you have you should qualify for Jobseekers Benefit.
The information on this post from a pensions broker confirmed that this is the case.

Post in thread 'Post 95 public sector early retirement with an ARF.'

Post 95 public sector early retirement with an ARF.

You probably will. But there is more confusion added to this in an answer to a parliamentary question to Heather Humphreys where she stated that the 7500 euro per year limit does not apply if a person had at least 117 Prsi contributions in the previous 3 years before claiming the 65s benefit.
www.askaboutmoney.com

Contact DSP and state that your application is for Jobseekers Benefit and not Jobseekers Benefit Self employment.

There have been posts from people who have received Benefit payment 65 with ARFs in excess of 7.5k per year.

I am not sure if anyone has stated that they received Jobseekers benefit payment with an ARF, but this was stated by the DSP official...

"The issue around the ARF pensions existed only for entitlement to the Jobseeker’s Benefit (Self-Employed) scheme."

If your claim is still refused make an appeal
 
Last edited:
So, I was turned down again. The Class S PRSI contributions from my ARF are ongoing, so they deem that ARF to be my self-employment, and as the ARF has not stopped, my self-employment hasn't ceased. If I was to cease drawing down from the ARF, I would have to fully draw it down in one go and get a letter from the ARF provider to confirm this. I'm not doing that!

It's very frustrating dealing with them!! They're happy for you to pay PRSI, which will count towards your pension, but the same contributions are not allowed to be considered as "paid contributions" for JSB.
 
@Gettinolder

Sorry to hear your appeal was unsuccessful.

Did you get a written decision?

I’d love to know how they dealt with SI No 540 of 2022.

That Regulation expressly provides that any week where a person is a self-employed contributor solely in respect of reckonable income or reckonable emoluments arising from an ARF and that person -

(A) has sustained a loss of self-employment in their usual occupation, and

(B) the loss occurred not earlier than the first day of the second last complete calendar year before the year in which his or her application for JBSE is made,

shall be regarded as a week of unemployment.

Was there any explanation given as to why this regulation would not apply in your circumstances?
 
S class said:
A person who is self-employed and becomes unemployed may make a repeat claim for JBSE when that self-employment ends."
Click to expand...
This wording in the operational guidelines for JBSE definitely implies that a new loss of self employment must occur before a second claim for JBSE is awarded.

The appeal decision to refuse payment is probably because @Gettinolder did not actually become unemployed for a second time.
 
Last edited:
Read this section.

Claims

b) Repeat Claims




The self employment beyond the end of the first period of JBSE payments is the ARF.

It's only when "that self-employment" (the ARF) "ends" that qualification for a repeat claim is allowed.
 
Last edited:
Yeah that’s my point.

If having an ARF is considered self-employment, notwithstanding SI 540/2022, then the rest is moot
 
SI540/2022 regards an ARF as unemployment for the purposes of allowing payment of JBSE.

When the JBSE payments end the ARF is again considered as self employment.
 
You must log in or register to reply here.
Back
Top