asked the Minister for Social Welfare why a person (name supplied) in County Kerry was refused unemployment benefit from 15th July to 4th September, 1977, because of his refusal to give details of his income from agricultural activities, in view of the fact that he has been an insured worker for a period in excess of six years, and was not obliged to give such details in respect of previous periods of unemployment.
Written Answers. - Unemployment Benefit.
264.
The claim for unemployment benefit by the person concerned was disallowed by a deciding officer of my Department on the ground that by failing to supply necessary information requested in connection with his claim, he had not made his claim in the manner prescribed by the Social Welfare Acts and Regulations.
To be entitled to unemployment benefit a claimant must be unemployed and available for employment. The claimant in this case is the owner of a holding and the information sought was required to establish the level of his activities on his farm, to enable the deciding officer to determine if the claimant could be regarded as unemployed and available for work.
A deciding officer is obliged as part of his duty to establish that a claimant for unemployment benefit satisfies the conditions for entitlement to benefit and to make whatever inquiries are necessary in this regard.
265.
asked the Minister for Social Welfare why the unemployment benefit claim of a person (name supplied) in County Kerry from 2nd July to 14th July, 1977, was disallowed by an appeals officer on the grounds that this period represented holidays, since this man was laid off on the afternoon of 1st July, 1977, and his employer, CIE, did not pay an insurance stamp during this time, which is obligatory for holiday periods; and if he considers that the worker concerned has suffered hardship.
The claim for unemployment benefit made by the person concerned was disallowed by an appeals officer of my Department in respect of the period from 2nd to 14th July, 1977, on the ground that the claimant was not unemployed as this was a period in respect of which payment was made to the claimant by CIE in respect of annual leave. This was in accordance with the usual practice whereby benefit is not payable in respect of periods for which annual leave is also paid in cases where the claimant is due to recommence work with the same employer or can reasonably be expected to do so within a short period.
The decision of an appeals officer is final in the absence of new facts or fresh evidence.