Éamon Ó Cuív (Galway West, Fianna Fail)
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183. To ask the Tánaiste and Minister for Social Protection if she will examine the case of a person (details supplied) in Dublin 13 who has been out of work since mid-August 2015 and who has been refused a jobseeker's payment because of his previous salary; if the matter will be re-examined as the person is currently living on savings; and if she will make a statement on the matter. [37502/15]

Joan Burton (Dublin West, Labour)
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The person concerned applied for jobseeker’s allowance (JA) on 17 August 2015. While the client’s PRSI contribution record appears to be fully complete, the person concerned does not qualify for jobseeker’s benefit. To qualify for Jobseeker’s Benefit a person must satisfy certain PRSI contribution conditions:

- the person must have at least 104 class A, H and P contributions paid since he entered insurable employment and

- the person must have at least 39 reckonable contributions paid or credited in the Governing Contribution Year (GCY) and 13 of these contributions must be paid contributions or

- the person must have at least 26 reckonable contributions paid in both the Governing Contribution Year (GCY), which is 2013, and the year immediately preceding the GCY.

The GCY is the second last complete tax year before the year in which the claim is made. So, for claims made in 2015, the GCY is 2013.

In relation to Jobseekers Allowance (JA), the client’s claim was disallowed as his means are in excess of his entitlement.

In assessing means from self-employment, legislation provides for the assessment of 'all income in cash and any non-cash benefits which the person or his spouse may reasonably expect to receive during the succeeding year'. The means assessment guidelines state that where the income in the coming 12 months is not ascertainable otherwise, the income for the last 12 months should be taken as a guide, allowing for any factors which it is known will vary. Generally self-employed persons are assessed with their income in the past 12 months and a decision is given on that basis. However, each case is examined and treated on its merits.

The person concerned provided information on his savings and earnings, as required. The client’s assessable savings resulted in a calculation of total weekly means from capital of €390. This alone exceeds the person’s entitlement rate of €188.

In addition the client is a proprietary director of two companies. The two businesses generated earnings in 2014 and have the potential and reasonable expectation to generate the same over the course of 2015. Means from self-employment have been assessed at €1,277. This also exceeds the person’s entitlement rate of €188.

As these contribution conditions stated above also apply to illness benefit, the person concerned does not satisfy the contribution conditions to qualify for illness benefit. With regard to a potential entitlement to disability allowance (DA), a person must satisfy the conditions as to means.

The person concerned has appealed this decision. His claim has been reviewed in Kilbarrack Intreo Office but was unaltered. The Appeals Office will be in touch with the person concerned in due course. The person concerned may of course contract Kilbarrack Intreo Office to discuss his claim and his means assessment.