Vol. 305 No. 3
asked the Minister for Social Welfare if he has any proposals to amend present legislation whereby school leavers eligible for unemployment assistance are denied a decent allowance, being assessed on residence in their parents' homes as part of their income; and if he will make a statement on the matter.
40.
asked the Minister for Social Welfare the proposals he has in respect of existing regulations which mean that an unemployed youth residing with his parents is, in effect, not entitled to unemployment benefit or assistance because the subsistence provided by the youth's parents is considered to be income.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 39 and 40 together.
Title to unemployment benefit is based on employment contributions and does not depend on the means of the claimant.
As regards unemployment assistance, the value of free or partly free board and lodging is one of the items which deciding officers and appeals officers are obliged by the law to take into account in the assessment of the means of applicants. This amount is deducted from the appropriate maximum rate of unemployment assistance and the applicant is paid any balance. While I have no proposals for amending existing legislation in the field of unemployment assistance, I am having certain aspects of the scheme in relation to the manner of assessment of means reviewed.
Is the Minister aware of a type of situation where a young man out of a job lives with his parents? I have a case in mind where the father is a widower. Is there not a case in such circumstances to exclude basic subsistence—food and shelter?
Not as the law stands. As the law stands the value of subsistence must be taken into account.
Does the Minister not see the possibility of young people in such circumstances being encouraged into what might be called fraudulent ways? All they would need to do is to give a false address or leave home and squat on premises. Then the Department would have to pay the money. Nobody wants that to happen.
I have no information in regard to what the Deputy has suggested. I do not know that there is any significant evasion. I have never heard any complaints that it exists. I agree there is fairly widespread resentment at the fact that young people living at home are assessed on the value of board and lodgings given to them. I am looking into that, but as the law stands the value of all benefits which a person derives has to be included by the deciding officer or the appeals officer.
Primarily I am not concerned with the evasion part of it because the primary question is the need of the young people concerned. Would the Minister look into it in the context of the social welfare legislation being prepared?
Many Deputies have come across such cases, which are fairly widespread. Unfortunately, in times of unemployment it is not an easy situation. You could have young persons living with wealthy parents——
The case I mentioned is one in which the father has £30 a week, out of which the son did not get a penny.
Would it not be much better to provide jobs than money of this kind? What would board and lodgings amount to in the case of an unemployed 20-year-old? How is the amount arrived at?
First of all it is decided by the deciding officer and on appeal by an appeals officer. Each case is decided on its merits in the circumstances of the case. There would be advantages and disadvantages if guidelines were laid down. If guidelines were laid down they would not allow flexibility to the deciding officer.
Does that mean the Minister is not in favour of rules?
In cases such as these I am in favour of allowing freedom to the deciding officer, the man on the spot. Only he is in a position to take into account all the circumstances.
