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Social Welfare Code

Dáil Éireann Debate, Tuesday - 1 June 2021

Tuesday, 1 June 2021

Questions (467)

Michael Moynihan

Question:

467. Deputy Michael Moynihan asked the Minister for Social Protection the process for a person to claim a jobseeker’s payment in which they are laid off for one day at a time over a period of months with very little notice in circumstances in which the person is working shift work on a 3 day 12 hour shift pattern and 1 day off represents a third of their working week; and if she will make a statement on the matter. [29852/21]

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Written answers

Customers are entitled to apply for a Jobseekers' payment while on reduced hours.  Entitlement to a Jobseekers' payment is subject to the normal qualifying conditions as set out in the Social Welfare Consolidation Act, including Section 62.  There are 3 categories of claimant who may qualify for Jobseeker’s Benefit while partially employed - short-time workers, part-time workers and casual workers.

Short-Time Work Support is a form of Jobseeker's Benefit and is an income support payment for people who have been temporarily placed on a shorter working week by their employer i.e. where for the time being the number of days systematically worked in a working week is less than the number of days normally worked.  Short-Time Work must be systematic and show a clear repetitive pattern of employment.  Employees must also work at least 1 day in each week that would normally have been worked.

A person who works on a part-time basis and is employed for a set number of days each week and knows the days on which they will be employed may receive a jobseeker's payment as a part-time worker. 

People who are classified as casual workers are normally employed for periods of less than a week, they do not know the number of days or the days of the week on which they will be employed as this varies with the level of activity in the employer’s business there is no set roster in place for the period.  In addition, on the termination of each period of employment the person has no assurance of being re-employed with the same employer.

Jobseekers payment are made in respect of days of unemployment and are not based on the number of hours per day or the shift pattern normally worked by the claimant.

When the person concerned is laid off they should contact their local Intreo office and make a claim for a Jobseeker payment.  

I trust this clarifies the matter for the Deputy.  

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