Social Welfare Benefits.

Dáil Éireann Debate, Tuesday - 23 March 2004

Tuesday, 23 March 2004

Questions (623)

Seán Crowe

Question:

620 Mr. Crowe asked the Minister for Social and Family Affairs the implications of lump sum holiday payments with regard to entitlement for unemployment benefit for lollipop ladies. [8631/04]

Written answers

Minister for Social and Family Affairs (Mary Coughlan)

Social welfare legislation provides for the payment of unemployment benefit in respect of days of unemployment. Any day on which a person either receives or has an entitlement to holiday pay is not regarded as a day of unemployment and a person has no entitlement to unemployment benefit in respect of that day. Unemployment benefit cannot be paid in respect of days on which there is an entitlement to holiday pay even where the payment is not made for some time following a period of lay-off.

People in seasonal, term or limited contract employment, including people in school related employment, who claim unemployment benefit must supply details of all holiday pay entitlements due during each temporary lay-off period. Full details of holiday pay entitlements must be provided in respect of each school vacation period in the case of lollipop ladies. This means that the level of entitlement, if any, can be determined. When the required details are provided, payment of any unemployment benefit entitlements is arranged in respect of days not covered by holiday pay, subject to the standard conditions for entitlement to employment benefit. Holiday pay made in lump sums, in some cases, does not affect the way unemployment benefit is calculated.

A person can only have an entitlement to unemployment benefit for any day of unemployment that forms part of a period of interruption of employment. In other words, where he or she is fully unemployed for a period of at least three days in any period of six consecutive days. In addition, payment of unemployment benefit is not made for the first three days of unemployment that are known as waiting days. Where a person had a recent claim in respect of certain schemes payment may be made from the first day of the claim.