Written Answers. - Unemployment Assistance for Women.
John Browne
Question:
30
Mr. Browne (Carlow-Kilkenny)
asked the
Minister for Social Welfare
there is a definite policy of eliminating women from qualifying for unemployment assistance with the excuse that they are not available for work; and if he will make a statement on the matter.
I would like to assure the Deputy there is no such policy of discriminating against women on availability grounds. Claims for unemployment payments by women and married women in particular are treated no differently from claims generally.
I will outline for the Deputy the conditions that have to be satisfied by all applicants.
It is a statutory condition for the receipt of unemployment benefit and unemployment assistance that 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 schemes world-wide.
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 normally asked when making a claim for unemployment benefit or assistance to complete a questionnaire regarding their availability to take up and efforts to find full time 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 questionnnaire 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,
—whether the claimant has a history of leaving employments frequently, without good cause.
It is on the basis of the replies given to questions such as these 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.
I am fully aware that the area of child care responsibilities can be a difficult and sensitive issue. Staff in local offices are periodically reminded that the utmost care must be taken to ensure that any questions asked are relevant and that the purpose of the questions should be explained so that the claimants will understand why they are necessary. Officers are also advised of the need to ensure that all claimants, both male and female, are subject to the same line of inquiry. For instance a male claimant with young children would have to be queried about child care arrangements where his wife was working in exactly the same way as would be the case if it were she who was claiming instead. This approach is designed to ensure that, in questioning claimants, there is no discrimination on grounds of sex, family or marital status.
Claims are decided by locally-based deciding officers and any person who is dissatisfied has the right of appeal to the Social Welfare Office.
In summary, my Department operates a clear policy of non-discrimination and where the wording of any statutory provisions underpinning the social welfare schemes is considered to be capable of being misconstrued or discriminatory, it is my policy to have it modified appropriately at the earliest opportunity.
