asked the Minister for Social Welfare if his attention has been drawn to the fact that women with child dependants who are claiming unemployment benefit are required to supply the names and addresses of childminders in order to qualify for the benefit; his views on whether (a) this question is unnecessary as the women in having worked the previous day-week are clearly available for work and had adequate childminding arrangements and (b) as the same question is not asked of men with child dependants this question is in fact discriminatory; if his attention has been drawn to the fact that his predecessor gave instructions that discriminatory questions should not be asked of female applicants; if he will consider instructing both his Department and employment exchange offices to cease asking such questions forthwith; and if he will make a statement on the matter.
Written Answers. - Unemployment Benefit.
It is a statutory condition for entitlement to unemployment benefit that a claimant must be available for and genuinely seeking employment. The question of whether a claimant satisfies this condition is a matter for determination by a statutorily appointed deciding officer having regard to the circumstances of each case. When determining a case the deciding officer must be satisfied that there are no constraints on the claimant which prevent him or her being free to take up full-time work.
In determining whether or not a claimant with young children is available for and genuinely seeking work, one of the areas which must be examined is that of child care responsibilities. Each such case is considered on its merits, the basic criterion being whether or not the person is free to go to work. Before deciding such claims the deciding officer must be satisfied that suitable arrangements can be made for the care of the children in the event of a job offer arising. When questioning the claimant he or she is asked for the name and address of the person who will mind the children and also the distance that person resides from the claimant's home. These questions are necessary in order to make a decision on the claim.
Many married persons with young children are able to make child minding arrangements which allow both spouses to take up employment and such persons would satisfy the condition of being available for work. However, there are other cases where one or other spouse may not be available for work because he or she had decided to remain at home to look after the children. It is by no means uncommon for a parent to give up employment for the purpose of minding a child. In these circumstances, questions about the claimant's child minding arrangements are directly relevant in determining his or her entitlement to unemployment benefit.
All claimants, both male and female, are subject to the same line of inquiry. For instance, a male claimant with young children would have to be queried about child care arrangements where his wife was working in exactly the same way as would be the case if it were she who was claiming instead.
Comprehensive guidelines regarding the questioning of claimants in relation to the condition of being available for and genuinely seeking work were issued to all local offices in July 1986. Those guidelines were designed to assist officers of my Department in ensuring that, in investigating whether claimants for unemployment benefit or unemployment assistance are available for and genuinely seeking work they do not discriminate between claimants either directly or indirectly on grounds of sex, family or marital status.
The questions asked about child care arrangements are not in breach of the EC Directive on Equality of Treatment in that they are necessary and are applied in a non-discriminatory manner to both male and female claimants. Consequently there can be no question of instructing officers of my Department to cease asking them.
Because of the importance I place on ensuring that all staff at my Department's local offices are fully aware of the proper practices and procedures to be followed in questioning claimants, I arranged for the guidelines which first issued in 1986 to be re-issued.