Social Welfare Consolidation Act 2005 section 359B

Discrimination on grounds of age in relation to employment schemes and other schemes and programmes

Section 359B allows the Minister to discriminate on the grounds of age when providing employment schemes, programmes, or assistance, where statistical evidence shows that a particular age group faces higher unemployment, lower participation, or longer durations of unemployment than the national average.

• The Minister may apply age-based criteria when providing, coordinating, funding, or supporting employment schemes and programmes.
• Age-based targeting is permitted only where CSO data from the Quarterly National Household Survey shows the relevant age group has a higher unemployment rate, lower participation rate, or longer average unemployment duration than the national figures.
• The Minister must review the operation, effectiveness, and impact of these provisions every two years (starting before 1 August 2016) and lay a written report before the Oireachtas.
• The Employment Equality Act 1998 (section 11) does not apply to the Minister's functions under this section, removing the usual prohibition on age discrimination in this specific context.