asked the Minister for Social Welfare if he will specify the grounds on which unemployment benefit was refused to a person (details supplied) in County Tipperary; and if he is satisfied that the decision is in accordance with the conditions pertaining to availability.
Ceisteanna—Questions. Oral Answers. - Social Welfare Benefits.
11.
Entitlement to unemployment benefit is subject to the condition that a claimant must be unemployed and available for work. The person concerned claimed unemployment benefit on 9 July 1985 after having been in receipt of disability benefit from January 1979. She had been found capable for work by a medical referee on 11 June 1985 and had appealed against this decision but her appeal was disallowed.
On 7 November 1985 her claim to unemployment benefit was reviewed and a deciding officer held that she was not available for employment on and from that date. In reaching this decision the deciding officer considered that the person concerned did not satisfy the statutory conditions pertaining to availability as set down in the Social Welfare legislation. She appealed against the disallowance and attended an oral hearing of her case on 10 December 1985 but the appeals officer decided that she was not available for employment from 7 November 1985. She was notified of the decision of the appeals officer on 11 December 1985 and she ceased to sign the unemployment register from that date.
If she is at present unemployed and now considers herself available for employment, it is open to her to contact her local employment office and make a fresh claim to unemployment benefit.
This question was tabled because of one of a number of similar inquiries I have had in relation to this kind of operation by the Department of Social Welfare. Can the Minister explain exactly how the question of availability is defined by the Department?
In this case——
I mean generally.
The question relates to a specific case and in this case the appeals officer arranged an oral hearing at which the claimant attended. I am sure that all the evidence relevant to the case was available to the appeals officer and that his decision was reached in the light of that evidence.
I am asking the Minister if he is satisfied that the decision was made in accordance with the conditions pertaining to availability and to explain the Department's definition of availability. The woman concerned — and this is typical of the way in which thousands of women are being denied unemployment benefit or assistance — supplied evidence that her children were being cared for. She supplied also details of the number of places she had called to seeking work but yet the appeals officer decided that she was not available for work. I am asking the Minister what is regarded as availability for work?
The appeals officer's decision is a statutory one and is final in the absence of any new evidence.
The Minister is not answering the question as to what is meant by availability for work.
The Minister is not responsible for interpreting the law.
He is responsible for matters relating to social welfare. If that were not the case, the question would hardly have appeared on the Order Paper. Is the Minister satisfied that the decision was in accordance with the conditions pertaining to availability?
The Deputy is talking about a statutory function which is discharged by a statutory officer.
As I understand availability for work it means that one must be fit and seeking work. In the case in question the person provided specific evidence that she was seeking work. She provided evidence also to the effect that relatives were available to care for her children but despite that she was denied benefit on the basis of non-availability for work. Is it true that people are being denied unemployment benefit on the basis of unavailability because they are not trained or capable of carrying out the work available to them? In other words, if there are no jobs for cleaners in an area and their training and ability is in the area of cleaning, then they are classed as not being available for the work available. Something very strange is going on, particularly in relation to women who are being denied unemployment benefit, having paid contributions over the years, on the basis of unavailability. Something must be done to sort it out because it is no longer acceptable or satisfactory.
I had been trying to make progress but I did not succeed. I was trying to get the rules obeyed and, if I do not show good example myself, I cannot expect others to do it. It is now 3.30 p.m. and I must move to questions nominated for priority. Question No. 29.