Self-employed people can apply for the means-tested Jobseeker's Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Self-employed customers do not have to de-register as self-employed persons in order to claim Jobseeker's Allowance.
Legislation provides for the assessment of ‘all income in cash and any non-cash benefits which the person or his or her spouse may reasonably expect to receive during the succeeding year'. The means assessment guidelines state that where the income in the coming 12 months is not ascertainable otherwise, the income for the last 12 months should be taken as a guide, allowing for any factors which it is known will vary.
If the means of the family are equal to or in excess of the family rate payable on jobseeker's allowance then the claim is disallowed.
If a self-employed person's situation changes after they have made an initial claim for Jobseeker's Allowance, they can apply to have their means reviewed in the light of their changed circumstances. In addition it is open to the individual if he or she is dissatisfied with the means assessed to appeal to the Social Welfare Appeals Office.
My Department has a wide ranging programme to combat social welfare fraud and abuse. A new strategic fraud initiative was launched by me earlier this month. This initiative takes a revised and renewed approach to the challenges posed by social welfare fraud. The ambition is to ensure that the public have confidence and trust in this Government's response to combating fraud and abuse in the social welfare system. It is designed to ensure a targeted response to high risk sectors and to ensure an integrated approach to the prevention, deterrence and detection of social welfare abuse across the Department's services.
The emphasis of the Department's control activities is on direct intervention and engagement. High visibility operations by the Departments' Special Investigation Unit (SIU) are regularly and systematically undertaken. The effectiveness and cost-benefit of these operations and projects are continuously analysed and operational experience critically informs whether to continue, escalate, or terminate the specific projects. New control projects will be developed and introduced, where appropriate. In the context of self employed trades people who may be engaged in social welfare fraud specific activities being undertaken in the context of this plan include:
The active policing of the hidden economy sector where there is a prevalence of social welfare and abuse. Investigations are undertaken through Joint Investigation Units with the Office of the Revenue Commissioners.
Where intelligence or reliable reports are received about persons engaged in concurrent working and claiming or under declaration of income, reviews of eligibility are immediately undertaken.
A series of high visibility site visits and employer inspections are systematically conducted to detect incidences of social welfare fraud. These visits and inspections are undertaken in those sectors where the risk of fraud is most prevalent.
Multi agency checkpoints are undertaken with the Garda Traffic Unit and Revenue. Persons driving commercially taxed vehicles are interviewed as part of these projects.
A number of high visibility operations are being jointly conducted by SIU and local authority environmental officers to identify environmental offences and simultaneously detect incidences of social welfare fraud.
Reviews of persons employed on a casual basis and claiming jobseeker's payment are being undertaken. These are aimed at ensuring persons are not engaged in any incorrect certification or claiming of social welfare payments.
The Department has not at this juncture undertaken specific analysis of persons driving commercial vehicles.
