Brian O'Shea (Waterford, Labour)
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Question 251: To ask the Minister for Social Protection further to Parliamentary Question No. 203 of 19 May 2010, his views on further observations from a person (details supplied) in County Wicklow. [24126/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Under section 18 of the Social Welfare (Miscellaneous Provisions) Act, 2008 which came into effect on December 17th, 2008, changes were introduced relating to the duration of the jobseeker's benefit payment. Firstly, the duration of the benefit for payable to people with 260 or more paid social insurance contributions was reduced from 15 to 12 months, for (then) current claimants with less than six months duration on the scheme, as well as all new claimants. Similarly, where the claimant had less than 260 contributions the maximum duration of benefit was reduced from 12 to 9 months for people in receipt for less than three months, as well as all new claimants.

On this basis reductions in claim durations were subsequently applied entirely in accordance with the law as passed by the Oireachtas. Accordingly, in regard to this matter, no actions were "taken without proper authority", within the meaning of section 4(2)(b)(i) of the Ombudsman Act 1980.

More generally, I would point out that it is well established that the doctrine of legitimate expectation cannot overcome a statutory bar and that it cannot be invoked to prevent the enactment of legislation by the Oireachtas or the implementation of legislation by the executive.