Vol. 396 No. 2
108 Proinsias De Rossa asked the Minister for Social Welfare , in respect of legislation passed under the aegis of his Department, which required (a) a ministerial order or (b) an order of the Oireachtas to implement (1) the entire Act or (2) any section of the Act, he will list any Act or section of an Act which has not yet been implemented; and the reason for any such non-implementation.
The following provisions of the Social Welfare Acts require ministerial order before they can be brought into force.
Section 28 of the Social Welfare Act, 1988, as amended by section 24 of the Social Welfare Act, 1989, provides for the introduction of a pre-retirement allowance. The necessary administrative arrangements are currently being finalised and the scheme will be introduced when they are completed.
Sections 12 and 13 of the Social Welfare Act, 1989 impose, inter alia, a liability on the spouse of a recipient of deserted wife's benefit, deserted husband's allowance or supplementary welfare allowance to contribute toward such payments. Arrangements for the implementation of the new provisions are being considered at present in the light of a detailed report on the matter which was prepared by my Department. These provisions will be brought into force as quickly as possible.
There are various other regulatory powers contained in the Social Welfare Acts which empower but do not require the Minister to amend or extend certain provisions of the Acts. These provisions are brought into effect as considered necessary from time to time.
110 Proinsias De Rossa asked the Minister for Social Welfare , in relation to social employment schemes and the understanding at the time of the inception of the scheme that there was no element of compulsion for those registered as unemployed to take part in the scheme, the reason persons who have declined to take part have had their unemployment benefit-assistance withdrawn; and if he will make a statement on the matter.
Under current legislation, an applicant for unemployment assistance and unemployment benefit must — at all times — be available for, capable of and genuinely seeking work, having regard to his/her age, sex, physique, education, normal occupation, place of residence and family circumstances.
A refusal by a claimant to participate in a social employment scheme would be approached by my Department in the same way as a refusal to accept an offer of other employment or training. Where the Department becomes aware that the claimant has not accepted any offer of suitable employment or training, and thus might not fulfil all the statutory conditions for receipt of unemployment assistance or unemployment benefit, the case is investigated and referred to a deciding officer if the facts so warrant. The deciding officer would have regard to all the circumstances of the case before arriving at a decision. In any such case, claimants are afforded every opportunity of putting their reasons to the deciding officer before a decision on entitlement is made.
Every refusal does not lead to a disqualification for receipt of unemployment assistance or unemployment benefit. There is a right of appeal in every case where the person is disqualified and is dissatisfied with the decision.
