Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Question 123: To ask the Minister for Social and Family Affairs if he will report on the criteria which guide the denial of benefit of unemployment assistance to persons particularly the phrase not actively seeking work; and if he will report on the guidelines concerning the proofs needed by his Department from clients. [5909/05]

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

Social welfare legislation provides that, in order to be entitled to unemployment benefit or unemployment assistance, a person must prove, inter alia, that he or she is available for and genuinely seeking work.

Unemployment benefit and assistance claimants are expected to demonstrate that they have taken reasonable steps to secure suitable full-time employment and to provide examples of such steps. A person who fails to satisfy the deciding officer that he or she is available for full-time employment and genuinely seeking work is not entitled to an unemployment payment. In applying the legislation, deciding officers have regard to local conditions including job vacancies in the locality and the extent to which a claimant has sought to take advantage of available labour market opportunities.

The steps which people might be expected to take to seek employment will vary with the circumstances but could include, for example making oral or written applications for work to employers or persons who have advertised job offers on behalf of an employer; seeking information on the availability of employment from employers, advertisements, employment agencies and people who have placed advertisements indicating that employment is available; availing of reasonable training opportunities suitable in their case; acting on the advice given by a departmental facilitator, a FÁS adviser or other placement agency such as the local employment service, LES.

The system is based on the exercise of judgement by the deciding officer or, as appropriate, the appeals officer, as to whether a claimant meets the conditions of entitlement. The Department has a programme of training for deciding officers on the carrying out of their responsibilities and on the application of the legislation. Each case is decided on its own merits within the framework of the relevant social welfare legislation.

The onus is on the claimant to show that he or she satisfies the conditions of being available for and genuinely seeking work on an ongoing basis. I am satisfied that the requirement to be available for full-time employment and to be genuinely seeking work is operated in a reasonable manner so as to ensure that only those who are genuinely seeking employment qualify for payment.

Under social welfare legislation decisions in relation to individual cases are made by statutorily appointed deciding officers and appeals officers. Where a person is dissatisfied with a decision made by a deciding officer to refuse him or her an unemployment payment, the decision may be appealed to the social welfare appeals office.