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Social Welfare Code

Dáil Éireann Debate, Tuesday - 11 July 2023

Tuesday, 11 July 2023

Questions (459)

Paul Murphy

Question:

459. Deputy Paul Murphy asked the Minister for Social Protection if she will provide clarity in relation to the operational guidelines for jobseeker's allowance and disability allowance as outlined on the gov.ie website, specifically the section titled entitlement pending disability allowance decision (details supplied); which of these scenarios applies if a person, while receiving jobseeker's allowance, has their disability allowance application refused and then decides to appeal the decision; if their jobseeker's allowance is stopped during the appeal process, necessitating an application for supplementary welfare allowance. [34120/23]

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Written answers

The Jobseeker's Allowance Operational Guidelines on www.gov.ie set out a person's entitlement to receive Jobseeker's Allowance in 2 scenarios:

A) Where a person applies for DA while in receipt of JA and B) Where a person applies for JA following  a DA Disallowance

With regard to scenario A) where  a person in receipt of Jobseeker’s Allowance makes an application for Disability Allowance, Jobseeker’s Allowance should continue to be paid until a decision, including an Appeal where applicable, is made on the Disability Allowance claim.

If the application for Disability Allowance is unsuccessful for failing to satisfy the medical eligibility criteria for receipt of Disability Allowance, payment of Jobseeker’s Allowance may continue, subject to all qualifying conditions being satisfied.

With regard to scenario B) where a person in receipt Disability Allowance is disallowed as they are deemed to no longer  satisfy the qualifying conditions including the medical criteria and they choose to appeal that decision, they are not entitled to receive Jobseeker's Allowance as they are deemed not to satisfy the qualifying conditions which include being capable of and available for full-time work.  Supplementary Welfare Allowance is the appropriate payment in this regard.  

Where a person in receipt of Disability Allowance is disallowed as they are deemed to no longer  satisfy the qualifying conditions and choose not to appeal that decision, they may be entitled to receive Jobseeker's Allowance providing that they satisfy all the qualifying conditions including being capable for and available for full-time work and genuinely seeking work.  

I trust this clarifies the matter for the Deputy.

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