Written answers

Tuesday, 25 November 2008

Department of Social and Family Affairs

Social Welfare Code

10:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 422: To ask the Minister for Social and Family Affairs the payments that are made to those in receipt of social welfare in respect of a bank holiday. [42395/08]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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Under the Organisation of Working Time Act for each of the nine public holidays in a year an employee is entitled to either: (a) a paid day off on the holiday; (b) a paid day off within a month; (c) an extra day's annual leave; (d) an extra day's pay, as the employer may decide. If the public holiday falls on a day on which the employee normally works, the employee is entitled to a paid day off in lieu of the day. If the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one fifth of his/her normal weekly wage in lieu of the day or to either (b) or (c) above as the employer may decide. If the employee is asked to work on the public holiday, the employee is entitled to (b) (c) or (d) above as the employer may decide.

Full-time employees are paid in respect of public holidays, there is no service requirement. Part time employees qualify for public holidays entitlement provided they have worked at least 40 hours during the five weeks ending on the day before a public holiday. If a part-time employee is claiming a jobseeker's payment for a period which includes a bank holiday for which they are not entitled to a payment from their employer, then they will be entitled to jobseeker's benefit or allowance for that day. If the Deputy wishes to supply me with details of the person concerned I will be happy to have their jobseeker's entitlement examined.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 423: To ask the Minister for Social and Family Affairs the financial implications of a voluntary redundancy for a person; the way such a payment affects their unemployment assistance payment; if there is a threshold on the amount of redundancy that is taken into account; if this payment is treated as means; and if she will make a statement on the matter. [42568/08]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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A person claiming jobseeker's benefit who is under age 55 will be disqualified for receiving benefit for up to nine weeks if they receive a redundancy payment of €50,000 or more. The period of disqualification applies on a sliding scale based on the amount of the redundancy payment as follows:

Amount of Redundancy Period of Disqualification
Weeks
50,000.00 – 55,0001
55,000.01 – 60,0002
60,000.01 – 65,0003
65,000.01 – 70,0004
70,000.01 – 75,0005
75,000.01 – 80,0006
80,000.01 – 85,0007
85,000.01 – 90,0008
90,000.01 and over9

If the person intends to use some of the redundancy payment to clear or reduce household debts which have accrued, this will reduce the amount taken into account in determining the period of disqualification. Similarly account will be taken of any expenditure the customer intends to incur in relation to any exceptional needs, for example building costs associated with making the home more accessible to a disabled family member.

In relation to jobseeker's allowance, redundancy payments are assessed as means in the same manner as any savings or investments as follows:

the first €20,000 is disregarded

amounts between €20,000 and €30,000 are assessed at €1 per €1,000

amounts between €30,000 and €40,000 are assessed at €2 per €1,000 and

any amount over €40,000 is assessed at €4 per €1,000

The weekly rate of jobseeker's allowance is reduced by the amount of the weekly means assessed against the customer.

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