Dáil Éireann díospóireacht -
Tuesday, 12 Feb 2002

Vol. 548 No. 2

Written Answers. - Social Welfare Benefits.

Sean Fleming

Ceist:

336 Mr. Fleming asked the Minister for Social, Community and Family Affairs the rules and procedures whereby a person in receipt of unemployment assistance can have the payment stopped; if evidence is required to support such a decision or whether suspicion by an official is adequate grounds for discontinuing payment; and if he will make a statement on the matter. [4584/02]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

To be entitled to unemployment assistance a person must satisfy a means test and demonstrate that he or she is capable of, available for and genuinely seeking, but unable to obtain, suitable employment. Decisions regarding entitlement to unemployment assistance are made by a deciding officer. Deciding officers are statutorily appointed under section 246 of the Social Welfare (Consolidation) Act, 1993, and are independent in the execution of their function. Each decision is made on the particular merits of the case, having regard to the information supplied by the claimant and, where appropriate, the report of the social welfare inspector. Inspectors operate under a strict code of practice which sets out the manner in which they are required to deal with the public. They are instructed to take account of individual rights and entitlements while carrying out inquiries and investigations, to exercise their powers with courtesy and discernment and not to exceed those powers. Claimants are required to furnish the inspector with any information and – or documentation deemed relevant to the claim. Inspectors, having examined the information and supporting documentation, will, if necessary, seek further clarification of any gaps and inconsistencies identified. Claimants are provided with an opportunity to respond and furnish further supporting evidence.

As part of the claim process, the claimant is advised of any statement or allegation that affects the claim, of which he or she may be unaware and upon which a discontinuance of payment or unfavourable decision may be based. This is done to provide the claimant with an opportunity to comment before the claim is referred for formal decision, in accordance with the principles of natural justice that entitle a person to know the source and content of any evidence in his or her case. Having made a decision on a claim, the deciding officer advises the claimant of the means assessed and the rate awarded. Where the claim is disallowed or payment is disqualified, the claimant is notified in writing of the decision, together with reasons for the disallowance or disqualification, and advised that the decision may be reviewed in the light of any new evidence the claimant may adduce, or may be appealed to the independent social welfare appeals office. I am satisfied that this process fully safeguards the rights of the individual in that claims are investigated and decided fairly and independently; there are adequate provisions built into the process to ensure that claimants are made fully aware of all the information on which the decision was based; reasons are given for the decision; and there is a right of review or appeal as appropriate.