Written answers

Tuesday, 11 May 2021

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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529. To ask the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [23665/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15 April 2021. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing. Hearings are currently being conducted online or by telephone. Due to the current level of Covid-19 restrictions in-person oral appeal hearings have been suspended.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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530. To ask the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined. [23676/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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There are 3 categories of claimant who may qualify for Jobseeker’s Benefit while partially employed. They are short-time workers, casual workers and part-time workers. In order to classify a person as either a short-time, part-time or casual work employee, each case is examined on its merits having regard to the person’s employment history, any fluctuation in the number of days worked, the systematic pattern of the work days, the existence of a contract of employment and if the employee is in receipt of a set wage.

In this case, the customer is considered a part-time worker. He is not categorised as a short-time worker as the number of days worked is not systematic i.e. there is no clear repetitive pattern of employment, nor is he categorised as a casual worker given his circumstances including that he has assurance of repeat employment from the same employer. In order to requalify for jobseekers benefit when a claim exhausts benefit, a part-time worker has to satisfy the substantial loss of employment condition.

The duration of payment for Jobseeker’s Benefit is 9 months (234 Cumulative Total) for people with 260 or more PRSI contributions paid. It is paid for 6 months (156 Cumulative Total) for people with fewer than 260 PRSI contributions paid. The Department corresponds with the Jobseeker's Benefit recipient in advance of the expiry date of their claim and advises of the option to apply for the means tested Jobseeker's Allowance scheme. Jobseekers Allowance has no duration limit as long as a person meets the qualifying scheme conditions, including the means test.

This customer's cumulative total (of days of jobseeker's benefit) has been re-checked by my Department officials and his cumulative total is 185 days as of 28thApril 2021. His cumulative total of 156 days was reached on 1stMarch 2021 and any contributions paid after this date are reckonable for re-qualification purposes.

Photo of Claire KerraneClaire Kerrane (Roscommon-Galway, Sinn Fein)
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531. To ask the Minister for Employment Affairs and Social Protection if she will be encouraging employers to top up parent’s benefit in cases in which they are in a position to do so to assist in making it an option for parents which will result in more parents being able to take the time with their baby; and if she will make a statement on the matter. [23760/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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As provided for in Budget 2021, Parent’s Leave and Benefit have been extended from 2 weeks to 5 weeks for each parent. These additional weeks are available to parents in respect of children born or adopted on or after 1st November 2019. The period during which this leave can be taken has also been extended from 12 to 24 months so it can be taken up to a child's second birthday or within two years following adoption. These changes enhance the flexibility of these schemes to make it easier for parents to avail of them.

There are a number of factors that determine the take up of any scheme including, parental choice, whether the parent has sufficient PRSI contributions, whether they are self-employed and can take the time off from their business and if an employee, whether or not their employer would top up their wages.

Parent's Benefit is paid at a rate of €245 per week. A number of employers do top up their employee’s Parent’s Benefit in much the same way as they offer to top up Maternity and Paternity benefit. These arrangements are discretionary private contractual arrangements agreed between employers and workers and, as such, are outside the realm of Social Welfare legislation.

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