Tom Parlon (Laois-Offaly, Progressive Democrats)

I have been requested by the Minister for Social and Family Affairs, Deputy Coughlan, to deal with this matter on the Adjournment. I am glad of the opportunity to clarify the issue. The position is that school wardens employed by local authorities can — and do — obtain employment payments from the Department of Social and Family Affairs when they are out of work. Unemployment payments are made in these cases on exactly the same basis that applies to all other seasonal workers.

Social welfare legislation provides for the payment of unemployment benefit in respect of days of unemployment. Any day on which a person either receives or has an entitlement to holiday pay is not regarded as a day of unemployment and a person has no entitlement to unemployment benefit in respect of that day.

With the exception of people in school-related employment, people in seasonal, term or limited contract employment who claimed unemployment benefit, have always had to supply details of all holiday pay entitlements due during each temporary lay-off period. Unemployment benefit is not paid in respect of any day for which there is an entitlement to holiday pay.

These long-standing arrangements were extended to people in school-related employment in 2003, following the application of theProtection of Employees (Part-Time Work) Act 2001 in their case. The new procedures are designed to ensure that all persons on temporary lay-off from their employment are treated in a similar manner.

Full details of holiday pay entitlements must be provided in respect of each school vacation period, so that the level of entitlement, if any, can be determined. A person can only have an entitlement to unemployment benefit for any day of unemployment which forms part of a period of interruption of employment — that is, where he or she is fully unemployed for a period of at least three days in any period of six consecutive days. In addition, payment of unemployment benefit is not made for the first three days of unemployment, which are known as waiting days. However, where a person had a recent claim in respect of certain schemes, payment may be made from the first day of the claim.

The position is, therefore, that unemployment benefit is payable to people who are laid off from school-related employment, on the same basis that applies to people in all other seasonal, term or limited contract employment. The Department of Social and Family Affairs has requested the Department of the Environment, Heritage and Local Government to advise all local authorities of this change in procedure, which brings the treatment of school wardens into line with that of all other people in seasonal employment.

The Department of Social and Family Affairs has specifically asked that local authorities be advised of the implications for those school wardens who, by arrangement with some local authorities, receive their holiday pay entitlements by way of a lump sum payment at the end of the school year.