Dáil Éireann debate -
Thursday, 21 Mar 1991

Vol. 406 No. 8

Written Answers. - Social Welfare Guidelines.

Tony Gregory

Question:

45 Mr. Gregory asked the Minister for Social Welfare if he will publish the guidelines, referred to by him recently on assessing availability for work, and other guidelines issued by him in interpretation of the Social Welfare Acts.

Minister for Social Welfare (Dr. Woods)

In relation to the question of availability for work and genuinely seeking work, these are statutory conditions. To receive unemployment benefit or assistance, a person must be available for and genuinely seeking but unable to find, suitable employment, having regard to age, sex, physique, education, normal occupation, place of residence and family circumstances. These conditions are a common feature of unemployment payment schemes in many countries.

The legislation provides also that the onus is on the individual claimants to prove that he or she is available for work. It is a question for the deciding officers and appeals officers to decide whether any claimant has shown that he or she fulfils the conditions having regard to the available evidence. It is thus simply not possible to have guidelines defining the circumstances when a person is available or not, the only guidelines that can be given are those aimed at ensuring that investigations are adequate and are conducted in a thorough and impartial manner.

All claimants are normally asked when making a claim for unemployment benefit or assistance to complete a questionnaire regarding their efforts to obtain employment. If 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, whether the claimant has a history of leaving employments frequently, without good cause.

On the basis of the replies given to questions such as these 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 evidence required in any case having regard to the individual circumstances of the claimant. These guidelines are internal documents and communications which relate to the day-to-day running of social welfare schemes. There are no plans to publish them.

Any person who is dissatisfied with the decision of a deciding officer has the right of appeal to the independent social welfare appeals office.