Written answers

Thursday, 30 April 2009

Department of Social and Family Affairs

Social Welfare Code

5:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 24: To ask the Minister for Social and Family Affairs the proposals she has to change the definition of casual and short-term working. [16975/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The jobseekers schemes provide income support for people who are seeking their first job or have lost work and are seeking alternative employment. A fundamental qualifying condition for both the Jobseekers Benefit and Jobseekers Allowance is that a person must be available for full-time work.

When determining the classification of casual and short time workers each case must be examined on its own merits and, because of the variables necessarily involved in making a determination as to entitlement, payment rates and extent of entitlement are very much individual-specific.

Employment on a casual basis implies that the number of days worked will vary each week with the amount of work available. There will be no established pattern of days. This variety will also be reflected in the wages paid. Variations in hours or days worked must be due to the employer's requirements, as opposed to a work pattern chosen by the employee. In addition, there must be no guaranteed minimum hours or wages each week.

Short-time employment means employment in which, for the time being, a number of days is systematically worked in a working week which is less than the number of days which is normal in a working week in the employment concerned. Short- time work must be systematic, i.e., there must be a clear repetitive pattern of employment each week. The person must also work at least one day in each week that s/he would normally be working.

In the context of changing economic circumstances there are an increased number of people claiming Jobseekers Benefit and Assistance categorised as both systematic short-time and casual employees.

The application of the jobseekers payment scheme conditions to workers who are not employed on a full-time basis is being kept under review.

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