Catherine Murphy (Kildare North, Social Democrats)
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172. To ask the Minister for Employment Affairs and Social Protection if a person that completes a 52 week programme for jobpath that has failed to find employment can be referred back to the jobpath programme for a further 52 weeks; and if she will make a statement on the matter. [3552/18]

Regina Doherty (Meath East, Fine Gael)
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All Jobseekers on the live register must be capable of available for and actively seeking full time employment, they are also required to engage with the Department’s activation services. The Social Welfare (Consolidated) Act 2005, as amended, specifies that participation in activation meetings is mandatory.

JobPath is provided for long term unemployed jobseekers only and those referred are chosen by means of a random selection process. Protocols for selection currently preclude the selection of anyone who has already completed 52 weeks on the JobPath programme within the previous four months.

If, at the end of this four month period the jobseeker is not engaged with one of the other activation supports and services, they then become eligible for selection for a second referral to the JobPath service.

Jobseekers who are referred for a second time will have already achieved progress during their previous engagement, their personal advisor will assist them to agree a new personal progression plan which will build further on that progress with the aim of moving from jobseeker’s support to sustainable employment.

I trust this clarifies matters for the Deputy.

Catherine Murphy (Kildare North, Social Democrats)
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173. To ask the Minister for Employment Affairs and Social Protection if a person that had been placed under sanction for non-compliance with the Jobpath programme can be served with consecutive sanctions; if a person under sanction can be immediately sanctioned after serving a previous sanction; if not, if there is an appeal process or sanction notice that must be issued first; and if she will make a statement on the matter. [3554/18]

Catherine Murphy (Kildare North, Social Democrats)
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174. To ask the Minister for Employment Affairs and Social Protection if she will publish the policy and guidelines for the issuing of sanctions regarding jobpath; and if she will make a statement on the matter. [3562/18]

Regina Doherty (Meath East, Fine Gael)
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I propose to take Questions Nos. 173 and 174 together.

Penalty Rates are a legal provision within the Jobseeker schemes to ensure that the Department can achieve compliance with Government Activation Policy as stated in Pathways to Work. Activation measures include the requirement to attend group or individual meetings, and/or avail of suitable education, training or development opportunities, or specified employment programmes, which are considered appropriate to a person’s circumstances.

Legislation provides that sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer where recipients of jobseeker payments fail, without good cause, to comply with activation measures. Reduced rates are only applied where a jobseeker fails to engage as requested, and following at least two warnings, with the Department’s employment services.

Instructions in the application of penalty rates state that after a minimum of 21 calendar days (3 weeks) on a Penalty Rate, where the client continues to refuse, without good cause, to attend after further notice has been given, the activation 9-week disqualification from Jobseeker’s Benefit/Allowance will be applied.

Where an activation 9-week disqualification has been applied, and the client continues to fail to engage, without good cause, in the activation process, the question as to whether the person satisfies the basic conditions for entitlement to JA or JB arises, and their Jobseeker claim may be reviewed. During the 9 weeks, the disqualification may be lifted at any time if the person engages in the activation process.

If at the end of the 9-week disqualification period the client continues to fail to re-engage, the Penalty Rate must be reapplied for a further 21 calendar days (3 weeks) before a further 9-week disqualification can be applied. In all circumstances, advance written notice must be given. Legislation does not allow for any one period of disqualification to exceed 9 weeks orconsecutive 9-week disqualifications.

The Jobseeker can appeal the Deciding Officer’s decision for reduced rate penalties and for a 9 week disqualification, through the Social Welfare Appeals Office (SWAO).

JobPath providers do not apply or recommend the application of a penalty rate of payment. They simply advise the Department if a jobseeker is failing to attend activation meetings. Officials in the Department then contact the Jobseeker and seek to arrange a meeting to discuss the matter directly with them. The application of penalty rates for all clients is entirely a matter for the Department and officials involved will take all relevant factors into account.