Dáil Éireann Debate, Thursday - 18 October 2018
322. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if the onus is on a casual worker to get their employer to fill out the COE1 form; the steps a person should take in the instance that the employer does not comply with requests to fill out the form; and if she will make a statement on the matter. [42794/18]
View answerRecords of people who have commenced employment are forwarded by the Revenue Commissioners to my Department on an on-going basis. As part of its range of control activities, such records are matched against details of those who are in receipt of a social welfare payment.
If a match is found, my Department sends a Commencement of Employment enquiry form (COE1) to the relevant person. This form has two parts - part one is to be completed by the employer and part two by the person to whom the form is issued.
The purpose of this enquiry is to establish:
- If the person concerned has a continuing entitlement to a social welfare payment; and
- The relevant dates and other details of the employment.
Section 255(1) of the Social Welfare (Consolidation) Act 2005, as amended, imposes a requirement on the employer to provide information in writing in respect of any person who is or was in employment. On the rare occasion that an employer fails to provide the required information, the customer should return the incomplete form to her or his Intreo Office and explain the employer’s refusal to complete it.
Where a jobseeker’s has advised the Department that they are commencing employment in a part-time capacity, the employer will need to provide information to help determine, among other elements, the details of the employment and the means assessable from that employment (where applicable).
An employer who fails to comply with this requirement is guilty of an offence under Section 255(3) of the 2005 Act.
I trust that this clarifies the matter for the Deputy.
