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Gnáthamharc

Social Welfare Benefits.

Dáil Éireann Debate, Thursday - 28 October 2004

Thursday, 28 October 2004

Ceisteanna (263)

Jan O'Sullivan

Ceist:

263 Ms O’Sullivan asked the Minister for Social and Family Affairs if it is possible to grant retrospective payments to workers in cases in which it becomes apparent that there was no reasonable expectation of a returning to full-time employment in cases in which the workers were in receipt of systematic short-term payments rather than casual payments; and if he will make a statement on the matter. [26751/04]

Amharc ar fhreagra

Freagraí scríofa

Social welfare legislation provides that a person is regarded as being engaged in systematic short-time working where his or her full-time working week is reduced by his or her employer due to a downturn in business and where there is a clear repetitive pattern of employment each week. The number of days of benefit payable each week to a systematic short-time worker is limited to ensure that the total number of days paid and the number of days worked do not exceed five.

Similarly, the criteria for classification as a casual worker are also set out in legislation. A person who is not classified as either a casual worker or a systematic short-time worker is considered to be a part-time worker for unemployment benefit purposes.

Where it comes to light that a systematic short-time arrangement no longer applies, it is open to the deciding officer to re-classify the claimant as either a part-time or casual employee, and to revise the unemployment benefit claim accordingly. The date from which the revision is effective depends on the circumstances of the individual case in accordance with the criteria set out in legislation. Where a person is dissatisfied with a decision made by a deciding officer, he or she may appeal the decision to the social welfare appeals office.

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