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Dáil Éireann debate -
Thursday, 10 Dec 1970

Vol. 250 No. 5

Ceisteanna—Questions. Oral Answers. - Unemployment and Disability Benefit.

19.

asked the Minister for Social Welfare when legislation will be introduced to provide for a scheme of pay-related unemployment and disability benefit.

I am not yet in a position to say when legislative proposals in this matter will be ready.

May I take it that already it is well under way?

Yes. Do not commit me to a date.

No, but it is under way—within the next six or 12 months?

I would hope so.

20.

asked the Minister for Social Welfare if any instruction has been given to appeals officers in his Department not to allow appeals of young married women after the birth of their first baby who appeal against a decision to disallow their claims for unemployment benefit.

Appeals officers of my Department are statutory officers appointed under section 43 of the Social Welfare Act, 1952. No person instructs or has the right to instruct them as to what decisions they give in relation to any question that comes before them.

Surely the Minister knows he is sidestepping the question? If I may be allowed to put the question I asked in another way, is it not true that in almost 100 per cent of the cases where the young woman applies for unemployment benefit after the birth of the first baby, it is disallowed and if she appeals the appeals officer disallows it again whether or not she is available for employment? Should not the Minister do something about this?

We can provide case studies if the Minister wants them.

I have answered the question by saying I have given no such instructions. I went further and said that nobody has the right to give them instructions.

Are they employees of the Minister's Department?

Does the Minister say that he has not the right to give instructions or advice as to how his Department should be run by junior officers?

No. These are appeals officers who have a statutory function which they perform independently. Indeed, their function has been questioned in court and upheld by a High Court Judge.

Surely the Minister can say whether or not he has the right to set down the limits within which decisions are given? These people do not think them up out of their own heads. Would the Minister say if he has the right to say what categories can or cannot be disqualified?

The Deputy knows perfectly well that basic requirements for any benefit of the type he refers to are availability for employment, genuinely seeking it, and capability of doing it.

Question No. 21.

I am sorry to be persistent about this but I asked the Minister was he aware that in every case these persons are being disqualified by officers of his Department? Surely if he wants information he can just ask his colleagues on the benches beside him and they will tell him this happens all over the place. Will he consider speaking to these people and having the arrangement altered?

Question No. 21.

I want an answer.

There are quite a number of questions on the Order Paper.

The officers of my Department are acting within the regulations available to them.

Thank you.

May I ask the Minister is he aware of one case which I brought to his attention where after her baby was born one girl indicated that she was available for work but she is still being deprived of benefit?

I have a case like that.

Will the Minister investigate this as a matter of urgency?

I am not aware of the specific case in question but I am sure there are hundreds of cases where people plead that they are available when we are not satisfied that they are.

Offer them employment. That is the best way.

That would be very easy.

A Cheann Comhairle——

I am calling Question No. 21. There are a large number of questions on the Order Paper.

I want to give notice that, owing to the unsatisfactory nature of the Minister's reply I should like to raise the subject matter of Question No. 2 on the Adjournment.

The Chair will communicate with the Deputy.

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