asked the Minister for Social Welfare if it is correct that, following receipt of maternity benefit, many young married women are refused unemployment benefit on the grounds that they are not available for employment when they are in fact seeking employment.
Ceisteanna—Questions. Oral Answers. - Unemployment Benefit.
31.
The question of availability for work arises on every claim to unemployment benefit and is determined on the particular circumstances of each case. The Deputy is no doubt aware that the determination is a matter for deciding officers and appeals officers in the discharge of their statutory functions under the Social Welfare Acts. Statistics are not kept by my Department, either in general or by reference to any particular class or classes of claimant, of the number of claims to unemployment benefit which are allowed or disallowed by deciding officers or appeals officers on any particular ground.
Is the Minister aware that there is an increasing number of women who have registered at the employment exchange following the birth of their babies and who have stated that they are fit for work and they are being rejected and there is no appeal against this? Would a doctor's certificate to the effect that a woman is fully fit and capable of returning to work be accepted? I brought this question up with the Minister before Christmas.
That would not be the only qualification required. There is the question of availability for work.
Is the Minister aware that it is a standing rule of deciding officers that a person who has been working before the birth of a baby and has applied for unemployment benefit following the birth of the baby is always disqualified? Is the Minister not aware of this? Has this matter not been brought to his notice? If he is not aware of it he should ask his Parliamentary Secretary because he has got numerous letters on this point. Would the Minister answer one question: has a ruling been made by the Department to the effect that this rule is to be followed by deciding officers?
No. No such ruling has been made. Each case is decided on its merits.
No, it is not.
It is not.
We are still very confused and puzzled about this matter. There does appear to be a difference between what is standard practice and the Minister's statement that there is no rule. Will the Minister, therefore, state whether there is any kind of guideline or general policy or governing idea in his Department regarding this or have they simply not thought about it at all? What is the position?
I answered the question but you will not accept it.
Availability.
There is no ruling about mothers——
A guideline?
——but it is pretty obvious that to satisfy the conditions required to qualify may be difficult in these cases. I would venture to say that where they can prove that they are available for employment——
The onus is on them?
Yes.
If a woman applies for unemployment benefit and in answer to the question which she is always asked: "Who will mind the baby?" she says that her mother-in-law or her mother or some other member of her family has arranged to mind the baby, should that not be accepted? In every case the deciding officer decides that it is not acceptable. Maybe we will introduce a system to tie the baby on her back and agree to let her go to work that way.
Or put it in an institution.
It is a stupid rule and it is a rule.
A Cheann Comhairle, in view of the unsatisfactory nature of the reply I propose to raise this matter on the Adjournment.
No, let him reply.
The Chair will communicate with the Deputy.