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Dáil Éireann debate -
Tuesday, 10 Nov 1970

Vol. 249 No. 6

Ceisteanna — Questions. Oral Answers. - Social Welfare Benefits.

17.

asked the Minister for Social Welfare when a decision will be made on the eligibility for social welfare benefits in respect of employees of a company (name supplied).

Eligibility for benefits under the Social Welfare Acts depends on the fulfilment of certain conditions, among which are the payment of employment contributions in respect of the contribution year governing the claim to benefit. In the case which is the subject of the Deputy's question, the company concerned, which is now in liquidation, had not paid employment contributions in respect of its employees for certain periods. Consequently, benefit claimed by those employees, which depended on the payment of contributions by the company in those periods, has been paid at reduced rates or refused.

Under the Social Welfare Acts, benefit so lost may be recovered by the claimant from his employer as a simple contract debt in any court of competent jurisdiction and where a claimant fails to take such action for recovery I may, if he so requests, do so on his behalf. As the company in this case is now in the hands of a receiver any such action is not practicable.

Where appropriate, unemployment assistance has been paid to those claimants to unemployment benefit whose claims were refused on contribution grounds.

With regard to the contributions due to the Social Insurance Fund by the company every effort is being made to obtain payment of those contributions from the official receiver.

Would the Minister specify the action he has taken with regard to recovery of moneys due by the company to the Social Insurance Fund?

From this particular company?

I notice that this goes back to last year before my time as Minister. The necessary claim has been submitted to the official receiver. The fact that it is due has been accepted by the company.

Can the Minister do any more to help?

I do not think I can. One has to depend on the liquidation of the assets.

The process of law is very slow when unfortunate workmen are looking for what is due to them. The Minister can do no more than he has done?

Not in this case at the moment.

Can the Minister state when amending legislation, which has been promised, will be brought in?

That is a separate question. Question No. 17 deals with a specific case.

In this case the Minister has stated that the process is slow because of the fact that the company involved is bankrupt. Is it not true that, even where ordinary individuals are concerned, it takes more than 12 months to deal with similar matters? Can the Minister state why this is so?

Sometimes the claimants take action themselves and on other occasions they request the Minister to take action for them.

Does the Minister contemplate amending legislation to speed up this process?

The only legislation I contemplate is the amendment of the regulations governing the payment of contributions. I should like to have this matter straightened out, and the amendments enforceable by the 1st January next, when cards are being exchanged for the new year.

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