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Dáil Éireann debate -
Wednesday, 16 Nov 1938

Vol. 73 No. 5

Ceisteanna—Questions. Oral Answers. - Disallowance of Unemployment Assistance.

asked the Minister for Industry and Commerce if he is aware that Peter Whelan, New Road, Portlaoighise, received a notice dated 26/10/1938 from the local unemployment office to the effect that unemployment assistance was disallowed on the grounds that he was not genuinely seeking work and was able to obtain suitable employment; and if he will have inquiries made to ascertain if the applicant was offered any work and to review generally the circumstances of the case.

The applications for unemployment assistance made by Peter Whelan of New Road, Portlaoighise, on the 27th July, 1938, and the 8th September, 1938, were refused on the ground that he did not satisfy the statutory condition requiring him to be genuinely seeking but unable to obtain employment suitable for him. These applications were fully considered by the court of referees and the applicant appeared before the court to support his case on two occasions. The court recommended that the applications be refused. These recommendations were accepted and given effect to by the unemployment assistance officer. The applicant was not offered work by my Department. I have had inquiries made into the case and I am satisfied that the applications were properly determined. If the applicant thinks that he is now in a position to satisfy the statutory conditions for the receipt of unemployment assistance it is open to him to make a fresh application.

Arising out of that reply, can the Parliamentary Secretary tell us what are the conditions, under the Act, put before the Court of Referees, other than that the person concerned is anxious to obtain work and has not been able to get it? What happens in these cases is that the person concerned is thrown back on the board of assistance. What other grounds can a man give except that he is looking for work and cannot obtain it?

The statutory conditions are as follows:—"That such holder is capable of work and is available for and genuinely seeking, but is unable to obtain, employment suitable for him, having regard to his age, sex, physique, education, normal occupation, place of residence, and family circumstances." If the applicant complies with these conditions, he will get unemployment assistance—not otherwise.

The point is that a man signs on every day or, perhaps, three days a week, and because he is not fortunate enough to get employment in the course of two or three years, it is held that he is not genuinely seeking employment. I think that is an unfair interpretation of the Act.

The Act in this case is being interpreted by the Court of Referees, and the man gets every chance to prove that he is genuinely seeking employment.

Where is he to get it? I think that is not a satisfactory reply.

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