Dáil Éireann Debate, Tuesday - 17 October 2017
546. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) who was previously employed in County Donegal was not paid jobseeker's benefit; and if she will make a statement on the matter. [43620/17]
View answerEntitlement to Jobseeker’s Benefit (JB) is based on PRSI contributions paid by the customer.
The main provisions relating to JB are contained in Chapter 12 of Part II of the Social Welfare (Consolidation) Act, 2005, and Chapter 5 of Part 2 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (S.I. No. 142 of 2007) as amended. Article 65 of the regulations refers to a separate class of workers called `frontier workers'. Article 1 (f) defines a frontier worker as any employed or self-employed person who works in the territory of a Member State and lives in the territory of another Member State to which s/he returns as a rule daily or at least once a week.
Article 65 provides that where such a worker becomes partially unemployed (e.g. part-time workers), the State in which that person is normally employed is responsible for paying unemployment benefits. However, where a frontier worker becomes fully unemployed, the State in which s/he is resident will be responsible for paying the benefit.
As the person concerned is a frontier worker, who is fully unemployed, they should apply for benefit from the Member State where they reside. Any contributions made by the person concerned in this State will be taken into consideration when determining entitlement to unemployment security benefits in that jurisdiction.
