Written answers

Tuesday, 12 December 2023

Department of Employment Affairs and Social Protection

Social Welfare Code

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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473. To ask the Minister for Employment Affairs and Social Protection if she will set out the basis for the requirement of post-1995 gardaí that have retired to sign a declaration that they are available for work in order to draw down a social protection payment. [54717/23]

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail)
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498. To ask the Minister for Employment Affairs and Social Protection the measures that are being taken by her Department to address the discriminatory treatment faced by post-1995 members of An Garda Síochána in accessing their supplementary pensions, particularly concerning the requirement to declare themselves as jobseeker's and limitations imposed on holidays and part-time employment; and if she will make a statement on the matter. [55168/23]

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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502. To ask the Minister for Employment Affairs and Social Protection if, further to Parliamentary Question No. 208 of 20 September 2023, her attention has been drawn to an ongoing pension issue (details supplied); if she will engage with the Department of Public Expenditure, National Development Plan Delivery and Reform to address these issues; and if she will make a statement on the matter. [55249/23]

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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512. To ask the Minister for Employment Affairs and Social Protection if a matter in relation to pension payments for retired gardaí (details supplied) will be addressed; and if she will make a statement on the matter. [55411/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 473, 498, 502 and 512 together.

The terms and conditions of the Supplementary Pension available to retired public servants, including Gardaí, are determined under the rules of the occupational pension scheme, which is a matter for the Department of Public Expenditure, NDP Delivery and Reform. The Department of Social Protection has no role in determining that a retired public servant should apply for a social welfare payment.

Any person who is seeking employment may qualify for the social insurance contribution-based Jobseeker’s Benefit or the means-tested Jobseeker’s Allowance if they satisfy the qualifying conditions for these schemes. One of the statutory qualifying conditions for the jobseekers’ schemes is that a person must be available for and genuinely seeking full-time employment. The provisions are designed for universal applicability, regardless of the previous employment or profession. There are no plans to amend these schemes on a sectoral basis.

The provisions for Jobseeker's Benefit are provided in Chapter 12 Part 2 of the Social Welfare Consolidation Act 2005. Section 62 provides for entitlement to the benefit, which includes the requirement to prove unemployment and the legal basis for the requirement to make a declaration to that effect.

Officials from the Department of Public Expenditure, NDP Delivery and Reform are liaising with this Department regarding their processes.

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