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Social Welfare Code.

Dáil Éireann Debate, Tuesday - 25 May 2004

Tuesday, 25 May 2004

Questions (386)

Jan O'Sullivan

Question:

406 Ms O’Sullivan asked the Minister for Social and Family Affairs if it is permissible for taxi drivers to sign on the unemployment register for the days of the week on which it is unprofitable for them to ply their trade; and if she will make a statement on the matter. [15670/04]

View answer

Written answers

In general, persons engaged in self employment, including taxi-drivers, may not claim unemployment assistance specifically in respect of the days of the week on which it is unprofitable for them to ply their trade. However, they may claim unemployment assistance provided they satisfy a means test under which their income is assessed on an annual basis. In assessing means, account is taken of the net income which the person may reasonably expect to receive in the next year, after all expenses necessarily incurred in carrying out the business are deducted. Account is also taken of any loss of income due to prevailing conditions. This ensures that the assessment accurately reflects the current situation. Persons who are in self employment paying class S contributions do not qualify for unemployment benefit.

However, if a person works for up to three days per week only, unemployment benefit may be payable for the remainder of the week provided that all the usual qualifying conditions are satisfied and that appropriate social insurance contributions have been paid at class A,H or P. In applying the legislation, deciding officers do not treat taxi drivers any differently from any other unemployment benefit or assistance claimant. If an applicant for unemployment assistance or unemployment benefit is unhappy with the decision of a deciding officer, he/she may appeal the decision to the social welfare appeals office.

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