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Dáil Éireann debate -
Wednesday, 29 Jan 1986

Vol. 363 No. 5

Written Answers. - Social Welfare Regulations.

37.

asked the Minister for Social Welfare the regulations defining availability for work under the Social Welfare Acts; and the guidelines used by deciding officer and appeals officers in determining availability for work.

The conditions for receipt of unemployment benefit and unemployment assistance are set out at section 29 and 138 respectively of the Social Welfare (Consolidation) Act, 1981. One of the conditions common to both schemes is that a claimant must be available for work. The latter expression is not defined in the legislation or in statutory regulations.

The availability for employment of any claimant is a question which is decided by deciding officers and appeals officers. The criteria which they use are broadly whether a genuine desire and intention to obtain work is present, whether commitments exist which might limit the person's freedom to accept, or might prevent acceptance of, full time employment which would normally be suitable and whether restrictions are being imposed by the person on the kind, place or hours of employment acceptable, any of which would unreasonably diminish the person's prospects of obtaining work. The decisions on availability are made through the interpretation and application of any or all of these broad criteria in the light of, and in relation to, the whole facts and evidence available in each particular case.

In order to ensure that all questioning of claimants about their entitlement to unemployment benefit and assistance (including questions relating to whether a person fulfils the condition of being available for employment) is relevant and non-discriminatory, new guidelines in the matter are being prepared at present and will issue shortly to all staff concerned in the administration of the unemployment payment schemes.

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