Thomas Byrne (Meath East, Fianna Fail)
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Question 849: To ask the Minister for Social and Family Affairs the procedures and checks carried out by her Department to ensure that a person who is in receipt of jobseeker's allowance is not working at the same time; and the conditions whereby jobseeker's allowance is awarded to a person who voluntarily leaves paid employment. [38421/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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When a person makes a claim for jobseekers' payment they sign a declaration stating among other things that they are unemployed, available for work and unable to find suitable work. On an on-going basis throughout their claim they will sign a similar declaration to confirm that they continue to satisfy the conditions of the jobseeker's schemes. The majority of claimants do this on a monthly basis.

During the life of the claim a number of checks and reviews are carried out to ensure compliance with scheme conditions. This year over 100,000 jobseeker claims have been reviewed up to the end of September.

When a person commences or recommences employment the Department receives data from Revenue which is compared with the jobseekers' files to determine whether any claimant has continued to claim a jobseekers' payment beyond the date of employment. Where such cases are identified, the customer will be contacted and any overpayment will be assessed.

Within the Department there is a Special Investigation Unit (SIU) comprising some 88 inspectors who are engaged on a full-time basis on work related to the control of fraud and abuse of the social welfare system. After a period of 3 months on the Live Register, all claimants are referred for interview with a FÁS Placement Officer under the Employment Action Plan (EAP) process. Those referred will be offered any appropriate training or work opportunities. Those who do not engage with the process are subject to interview in the local office at which time their entitlement to continued payment is reviewed.

There are over 82,000 claimants on a reduced working week who are entitled to receive a jobseekers' payment for the days that they are not working. Furthermore where a person is self-employed and claiming a jobseeker's allowance payment, they can get a payment for a full week, provided any income from their self-employment has been assessed as means. A person who voluntarily leaves work may be disqualified for receiving jobseekers' allowance, for up to 9 weeks from date of leaving employment, if they have left the employment without good cause.

Factors that may be taken into account by a deciding officer in deciding whether to impose a disqualification include the circumstances surrounding any changes in working conditions; the financial situation of the firm; whether leaving the employment may have amounted to constructive dismissal (i.e. the person left the employment following harassment/abuse from the employer). The claimant would also have to show that they were making genuine efforts to find alternative employment.

Questions Nos. 850 and 851 answered with Question No. 844.