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Dáil Éireann debate -
Tuesday, 30 Apr 1985

Vol. 357 No. 10

Written Answers. - Unemployment Benefit: Retrospective Signing.

638.

asked the Minister for Social Welfare if arising from case No. 1, page 33, of the First Report of the Ombudsman, he will allow retrospective signing for purposes of unemployment benefit claims in similar cases.

The case referred to concerned a person who having been found capable of work and had his disability benefit stopped subsequently claimed unemployment benefit but was not then allowed to prove unemployment retrospectively from the date of disallowance for disability benefit. Following representations by the Ombudsman on his behalf, however, retrospective signing was allowed in his case.

Where a person is disallowed for disability benefit he is informed in the normal course that, if he is capable of and available for work, he should apply as soon as possible for unemployment benefit or assistance. If he makes a claim to unemployment benefit or unemployment assistance within a week or so of the issue of the disallowance notification he is allowed to prove unemployment retrospectively from the date of disallowance for disability benefit. Where, however, the delay in claiming is longer than a week, retrospection is not normally allowed unless the person concerned can show that special circumstances applied. In the case referred to it emerged in the course of the Ombudsman's investigations that special circumstances existed and retrospective signing was justified. It is not proposed to make any changes in the general arrangements for situations of this kind as present arrangements are considered reasonable.

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