asked the Minister for Social Welfare if he will amend the regulations in order that a person visiting Northern Ireland should not be regarded as absent from the State for the purposes of social welfare payments; and if he will make a statement on the recommendation of the Ombudsman in this regard.
Ceisteanna—Questions. Oral Answers. - Social Welfare Legislation.
9.
Under Social Welfare regulations social insurance pensions can be paid to recipients in Northern Ireland or anywhere abroad. Disability benefit can be paid for a period of temporary absence in Northern Ireland. Unemployment benefit is not generally payable in Northern Ireland except in very limited circumstances where the recipient was a member of the Defence Forces and previously had been resident in Northern Ireland. The export of unemployment benefit on a general basis to claimants in Northern Ireland would not be possible, given the arrangements which are necessary to administer and control payments under that scheme.
EC regulations on social security for migrant workers provide for the payment of benefits, including unemployment benefit under certain conditions to persons resident in other member states or going to another member state to look for employment.
The Ombudsman has expressed the opinion that a person visiting Northern Ireland should not be regarded as "absent from the State" for the purposes of social welfare payments. The particular case which gave rise to this recommendation was that of a recipient of unemployment benefit who went to Northern Ireland for a two week holiday. Under present arrangements it is possible for an unemployed person to take a two week holiday within this State without affecting his or her entitlement. I recently announced that I consider unemployed persons, particularly those who are long-term unemployed, should be able to go on visits abroad for a period of two weeks in a year and retain their entitlements in certain circumstances.
These new arrangements would operate in addition to the facility under which unemployed people representing Ireland at international sporting events will be allowed to continue to receive their unemployment payments. If it is necessary to extend the legislation to enable these things to be done, I will be prepared to do so.
May I seek clarification of all the Minister has said by asking him: is he going to amend the regulations to enable benefit be paid to a person on holidays in Northern Ireland?
The Deputy wants a very simple answer to something covered by very complex legislation. That is why it is not quite that simple to give the Deputy the simple answer he wants. For example, the words I have used are technically and legally correct. I am sure the Deputy is aware of the importance of that. It is possible to judge that a person is still available for work in certain circumstances. The flexibility within that has been extended but it is a matter under the existing legislation for the deciding officers and for the appeals officers to decide. I have said that I considered that the two weeks should be provided in the North as well as here and that would be a reasonable interpretation of what is intended in the Act. It has not been the interpretation previously. I believe that is a reasonable interpretation. If that is not accepted as an interpretation then it will be necessary to bring in legislation.
Who would accept or reject the Minister's interpretation?
The deciding officers would decide in individual cases in any event.
That is what I thought. Would the Minister not make appropriate regulations or take sufficient powers so that his interpretation becomes the norm?
That is what I am saying. If that is not accepted I will do that.
The law has to be implemented.
That is already proceeding but if there are difficulties we will bring in legislation.
It is clearly something that will need legislation or a change in the regulations as illustrated by the very remarkable incident in our own constituency where a group of unemployed people went to an unemployment conference in Germany sponsored by EC sources to discuss unemployment and were disallowed on the basis of not being available for work. Clearly this is something that should be addressed by way of legislation and I urge the Minister to do it.
I would hope that if I want to do something in a hurry here I will get the co-operation of the Whips and the House.
We will give the Minister all the help we can.