Tony Gregory (Dublin Central, Independent)
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Question 576: To ask the Minister for Social and Family Affairs if he will review the decision to assess a person (details supplied) in Dublin 7 for entitlement to jobseeker's benefit; if their entitlement should be based on credits due for the last year they were employed in the interests of fairness; and if he will make a statement on the matter. [19959/07]

Martin Cullen (Waterford, Fianna Fail)
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In accordance with Social Welfare legislation the weekly rate of jobseeker's benefit payable is graduated according to the earnings of the claimant in the governing contribution year. The governing contribution year is the second last complete contribution year before the benefit year in which the claim is made. A claimant with no reckonable earnings in the governing contribution year is deemed to have average weekly earnings of less than €80.00 and qualifies for a reduced payment of jobseeker's benefit.

The person concerned claimed jobseeker's benefit on 27 June 2007 while awaiting a decision on her appeal against the disallowance of her illness benefit. As she has no reckonable earnings in the contribution year governing that claim, i.e. 2005, payment was made to her at the reduced personal rate of €83.50 per week, which is the appropriate maximum rate payable in her case. Where a claimant who qualifies for a graduated rate of jobseeker's benefit has an underlying entitlement to jobseeker's allowance at a higher rate of payment, it is open to him/her to opt to receive jobseeker's allowance in lieu of jobseeker's benefit.

If the person concerned wishes to have her entitlement to jobseeker's allowance examined she should advise her local office. Jobseeker's allowance is subject to a means test. It is open to the person concerned to contact the Community Welfare Officer at her local Health Centre regarding her possible entitlement to Supplementary Welfare Allowance.