asked the Minister for Social Welfare the exact evidence which is required of an applicant for unemployment assistance or benefit that he or she is available for work.
Written Answers. - Social Welfare Benefits.
43.
One of the statutory conditions for the receipt of unemployment benefit and unemployment assistance is that a person must be available for and genuinely seeking, but unable to find, employment suitable to him or her having regard to his/her age, sex, physique, education, normal occupation, place of residence and family circumstances. The legislation provides also that the onus is on the individual claimants to prove that they are available for work. It does not, however, state what form such proof should take. It is accordingly a question for the deciding officers and appeals officers to decide whether any claimant has shown that he or she fulfils the condition having regard to the available evidence.
All claimants are asked when making a claim for unemployment benefit or assistance to complete a questionnaire regarding their efforts to obtain employment. Claimants may also be asked subsequently at any stage of their claim about this matter. In most cases, the replies given by claimants to this questionnaire will, when taken in conjunction with other evidence available regarding the claimant's employment history, be sufficient to satisfy the deciding officer that the person concerned is available for and genuinely seeking work. If, however, there is any element of doubt about the position, the deciding officer may seek further relevant information on such matters as the extent to which the claimant has made efforts to obtain employment since becoming unemployed; the type of work the claimant is seeking and the reasons for any restrictions which the claimant may be placing on the type of work he or she is available to do; whether there are domestic or other commitments or circumstances which limit the claimant's ability to accept full-time employment which would normally be regarded as suitable and whether the claimant has a history of leaving employments frequently, without good cause.
It is on the basis of the replies given that the deciding officer determines whether the person is or is not available for and genuinely seeking work. Each case has to be considered on its own merits and it is a matter for the deciding officer to decide the exact evidence required in any case having regard to the individual circumstances of the claimant.
Any person who is dissatisfied with the decision of a deciding officer has the right of appeal to an appeals officer.
44.
asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Kerry.
Payment of disability benefit to the person concerned was disallowed from 9 May 1988 following examination by a medical referee who expressed the opinion that he was capable of work. He did not appeal against the decision to disallow his claim but continued to submit medical certificates to the Department. Payment of benefit was restored for the period 2 December 1988 to 3 January 1989 while the person concerned was in hospital. He was referred for a further examination by a medical referee but failed to attend for this examination on 16 February last. No reason has been received for his failure to attend. If he wishes his case to be reviewed he should communicate with the Department.
45.
asked the Minister for Social Welfare when sickness benefit will be paid to a person (details supplied) in County Wexford.
Payment of disability benefit was authorised from 10 January 1989 to 10 February 1989, the day before the person concerned was certified fit to resume work, at the weekly rate of £66.45. Benefit has been withheld to offset the amount of supplementary welfare allowance paid by the health board to her.
46.
asked the Minister for Social Welfare if he will provide an invalidity pension book for a person (details supplied) in County Wexford.
The person concerned would appear to satisfy the medical and contribution conditions for invalidity pension. A claim form has been issued to him. On return of the completed form, a decision will be made on entitlement.