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Dáil Éireann debate -
Thursday, 14 Jun 1973

Vol. 266 No. 4

Ceisteanna—Questions. Oral Answers. - School Bus Drivers.

39.

asked the Minister for Social Welfare if he will reconsider the position of school bus drivers who are denied unemployment benefits for the six weeks of summer and two weeks at Easter and Christmas during which they are unemployed.

The title to unemployment benefit of any claimant is a matter for determination by a statutory deciding officer or, on appeal, by a statutory appeals officer, through the application of the relevant provisions of the Social Welfare Acts and Regulations to the facts and circumstances of each particular case. The decision of the appeals officer is final and I cannot interfere with it. I am aware that some claims from school bus drivers in respect of school holiday periods have been disallowed on the grounds that they have other regular occupations of a nature so substantial as to make them unavailable for employment other than for the part-time job of school bus driver. It will be appreciated that persons who already are self-employed in another occupation, such as farmers, shop-keepers, publicans, may be attracted to school bus driving as a second occupation by reason of its generally part-time nature. As the Deputy is no doubt aware, one of the fundamental conditions for receipt of unemployment benefit is that the claimant be available for employment. This condition has always been interpreted as meaning that a claimant must be available for full-time employment in the ordinary sense.

I have genuine cases of people who are employed at marts on one day a week and who are available for employment on the other days but there is none for them and they have been refused, on appeal, the unemployment benefit. This is very unfair. The Minister for Education recently stated in regard to schools, that everything should be dealt with on its merits and I believe that in a case such as this if there is something wrong with the law it should be changed.

The Chair would like to dissuade the Deputy from making long statements of this kind.

I should like to hear the views of the Parliamentary Secretary on this matter. This is happening all over the country. People are employed for one day a week at marts and are available for alternative employment but cannot get it, and they are refused unemployment benefit.

The Deputy has broadened the scope of the question extensively.

I do not think that my question is outside the scope of the question at present under debate.

A person employed as a school bus driver who has no other employment is surely entitled to unemployment benefit.

That is the type of person I am talking about.

If the person, or persons, referred to in the question meet the requirements of the Act, they will not be debarred from the benefits under that Act. If the Deputies have any particular cases in mind where people are full-time employed in this particular occupation if they will forward details concerning them to me I will have the matter investigated.

The interpretation of the Act appears to be the whole crux. I am not satisfied with the answer.

The Deputy must have been satisfied for years because this Act has been in operation for a long time.

I am not a Member of this House for years.

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