Vol. 528 No. 2
29 Mr. M. Higgins asked the Minister for Social, Community and Family Affairs the number of appeals made to the chief appeals officer in the Social Welfare Appeals Office in 2000 on the basis of being found not to fulfil the genuinely seeking work criteria; the number of appeals made in each of the years 1998 and 1999; and if he will make a statement on the matter. [29702/00]
The number of appeals relating to unemployment payments received in the Social Welfare Appeals Office up to end-November 2000 was 4,996. The figures for 1999 and 1998 were 3,603 and 2,527 respectively.
The figures include cases disallowed for failure to satisfy any of the statutory conditions relating to entitlement. An exact figure is not readily available of the number of these appeals involving the issue mentioned by the Deputy but it is estimated that about 80% of the appeals would relate to the conditions of not being available for or genuinely seeking employment.
As is evident from the figures, an increasing number of people are availing of their statutory rights to appeal against decisions of deciding officers with which they are dissatisfied.
To be regarded as genuinely seeking work a person must show that he or she is taking reasonable steps to obtain suitable full-time work, including applying for and seeking information on jobs, and availing of suitable training opportunities. These requirements are set out in regulations. To ensure that they are applied consistently and uniformly detailed guidelines have been issued to the statutorily appointed deciding officers who decide unemployment claims, and appropriate training has been provided. The decisions advisory office of my Department also provides advice in respect of individual cases on a day-to-day basis.
In the current economic climate there are many employment opportunities available, both full and part-time, and many employers state that they are finding it difficult to fill vacancies. Deciding officers must have regard to this environment in reviewing and testing individuals' efforts to obtain full-time employment.
As the live register continues to fall, all persons in receipt of unemployment payments are having their claims reviewed on a more regular, systematic basis. Each case is decided in accordance with the regulations, having regard to what is reasonable in that particular case.
Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
Other Deputies present and I were invited by the Minister to the launch of a report from the family unit of the Department of Social, Community and Family Affairs tomorrow, entitled Flexible Working Patterns. It seeks to encourage people, perhaps women on home duties and others, to engage in the workforce, yet at the same time the doubling of the number of appeals shows clearly that he is targeting people in certain areas and in certain jobs. Cases which come to mind are lollipop ladies, people who work during the school—
A question, Deputy, please.
Seasonal workers in the tourism industry in places such as Kerry and lollipop ladies all over the country are being targeted and denied unemployment benefit. This was tried in the past and eventually the Department relented. In this era the Minister, in a mean-spirited way, is implementing a directive which goes against the booklet being launched tomorrow. This is total inconsistency and hypocrisy.
Will the Deputy be a hypocrite and turn up at the launch?
I always do.
I totally reject the connection which the Deputy makes between the two. In fact, the genesis of the guidelines under which the staff in my office, independently of me, make individual decisions came from my predecessor, Deputy De Rossa, who is now a member of the Deputy's party. He quite rightly put in place guidelines in relation to being available for and genuinely seeking employment. The purpose of these guidelines was to have uniformity throughout the country so that all the deciding officers and appeals officers were working off the same hymn sheet in relation to decisions. That was correct.
On a point of information. The regulations clearly state that—
Quotations are not in order during Question Time.
He talked about the President of the Labour Party and I want to respond.
It is not in order to quote during Question Time.
Genuinely seeking—
Is he the president for life? I thought he had relinquished the presidency.
It is not in order to quote during Question Time.
—but unable to obtain full-time employment—
If the Deputy reads the guidelines, he will understand them.
I have them – the Minister gave them to me the last day.
Those guidelines, as I said before I was interrupted, are available for anyone who has a query in relation to the way in which they are treated to see whether they are being implemented. The reality is that situations have changed fairly dramatically and there is work out there for people who may not want to work full-time.
Exactly – they have home duties or are carers.
There is an onus on the staff of my Department to ensure taxpayers' money does not go to people who are, in effect, not genuinely seeking work and not available for work. Those two criteria determine whether a person is entitled to benefits. Each case is determined on its merits and there is no segregation. I have received requests from various parties and groups to be treated differently from ordinary people, but I am not going to do that or say that a section of the community should be treated differently. I would not expect the Deputy to do that either.
