Róisín Shortall (Dublin North West, Labour)
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Question 956: To ask the Minister for Social and Family Affairs the specific section and sub-section or regulation which sets down the rules for the means testing of self-employed people and in particular, the rule relating to the calculation of means based on business accounts over the previous 12 month period. [1451/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Jobseeker's allowance is a means tested payment made to those who do not qualify for jobseeker's benefit which is based on PRSI contributions. The means test involves an assessment of the person's savings and investments, any property s/he may own, apart from the family home and any other income such as a pension from a former employer or from another country.

Generally, self-employed persons are assessed with their income in the past 12 months to determine their expected income in the following year. With the general downturn in the construction industry at the moment it is accepted that less work is available in that sector and that earnings in the previous 12 months may not be representative of expected earnings in the coming year. The social welfare inspector will take account of this fact in projecting future earnings.

The specific sections, subsections and regulations which set down the rules for the means testing of self-employed people for the purposes of jobseeker's allowance are listed.

Parts I and II of the Third Schedule of the Social Welfare Consolidation Act 2005;

Rules 1(2), 1(2)(ix)(I) and (II), 1(2)(x), 1(2)(xi), 1(2)(xii), 1(8), 1(9)(a) and (b) of Part II of the Third Schedule of the Social Welfare Consolidation Act 2005;

Chapter 6 of Part 3 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (SI 142 of 2007) as amended.