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Dáil Éireann debate -
Tuesday, 18 Feb 1986

Vol. 363 No. 13

Written Answers. - Unemployment Benefit Regulations.

136.

asked the Minister for Social Welfare the reasons regulations have not been made relating to Section 29 (4) (a) of the Social Welfare (Consolidation) Act, 1981, concerning availability for work; whether Statutory Instrument No. 7 of 1953 has been amended to bring all monetary sums mentioned up to present day monetary values, in particular Section 7(b) (ii), if not, when it is intended to do so; if instructions or guidelines have been issued to deciding or appeals officers governing implementation of Section 7(b) (ii) of S. I. No. 7 of 1953 and, if so, if she will give these guidelines or instructions.

The purpose of the power to make regulations contained in Section 299(4)(a) of the Social Welfare (Consolidation) Act, 1981 is to enable regulations to be made which would allow a class or category of claimants for unemployment benefit, who would otherwise be regarded as not available for employment, to be deemed to be available for employment. Except in the case of nightworkers and claimants following a subsidiary occupation to whom Articles 7 and 8 of S.I. No. 7 of 1983 apply, it has not been found necessary to make regulations under Section 29 in relation to other classes or categories of claimants.

The limit on the amount of profit or remuneration for unemployment benefit claimants following a subsidiary occupation which was fixed at five shillings a day by Article 7(b)(ii) of S.I. No. 7 of 1953 was increased by amending regulations to 50p by S.I. No. 52 of 1965 which also introduced a contribution test as an alternative to the monetary condition; to £1 by S.I. No. 182 of 1974 and to £2 by S.I. No. 287 of 1980. It is not proposed to revise the figure further for the present. Deciding officers and appeals officers determine any cases arising where a claimant to unemployment benefit is following a subsidiary occupation by reference to the actual wording of Article (7)(b)(ii) of the regulations as revised. No instructions or guidelines have been issued to them about the interpretation or application of that article, which is quite specific.

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