John Halligan (Waterford, Independent)
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To ask the Minister for Social Protection the position regarding leeway in the means testing of jobseeker's allowance (details supplied). [41398/12]

Joan Burton (Dublin West, Labour)
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Jobseeker's Allowance is a means tested social assistance scheme operated by my Department. For means test purposes, account is taken of the income and assets of both the claimant and his or her spouse/partner including the earnings of the spouse. Where a spouse/partner has earnings from employment, earnings less PRSI contributions, pension contributions and trade union subscriptions are assessed as means. I understand that, in the case, the means assessed are derived from the spouse’s earnings from employment.

In the case of jobseeker’s allowance, a disregard of €20 per day is applied to the earnings for each day worked subject to a to a maximum of €60 per week and the balance is assessed at 60% where a person’s means are derived from their spouse / partner’s insurable employment. When determining the assessable income from employment, the average weekly earnings, are determined by reference to the earnings received in the 13 weeks preceding the date of claim or such other period the deciding officer may consider appropriate having regard to the circumstances of the case. There is no provision for discretion where a person’s means exceed the threshold appropriate for that family. However, if the claimant’s spouse/partner’s earnings have decreased (even to a very limited extent) since the original assessment, the claimant should contact the local office and seek to have his or means re-assessed.