I propose to take Questions Nos. 173 and 174 together.
Penalty Rates are a legal provision within the Jobseeker schemes to ensure that the Department can achieve compliance with Government Activation Policy as stated in Pathways to Work. Activation measures include the requirement to attend group or individual meetings, and/or avail of suitable education, training or development opportunities, or specified employment programmes, which are considered appropriate to a person’s circumstances.
Legislation provides that sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer where recipients of jobseeker payments fail, without good cause, to comply with activation measures. Reduced rates are only applied where a jobseeker fails to engage as requested, and following at least two warnings, with the Department’s employment services.
Instructions in the application of penalty rates state that after a minimum of 21 calendar days (3 weeks) on a Penalty Rate, where the client continues to refuse, without good cause, to attend after further notice has been given, the activation 9-week disqualification from Jobseeker’s Benefit/Allowance will be applied.
Where an activation 9-week disqualification has been applied, and the client continues to fail to engage, without good cause, in the activation process, the question as to whether the person satisfies the basic conditions for entitlement to JA or JB arises, and their Jobseeker claim may be reviewed. During the 9 weeks, the disqualification may be lifted at any time if the person engages in the activation process.
If at the end of the 9-week disqualification period the client continues to fail to re-engage, the Penalty Rate must be reapplied for a further 21 calendar days (3 weeks) before a further 9-week disqualification can be applied. In all circumstances, advance written notice must be given. Legislation does not allow for any one period of disqualification to exceed 9 weeks or consecutive 9-week disqualifications.
The Jobseeker can appeal the Deciding Officer’s decision for reduced rate penalties and for a 9 week disqualification, through the Social Welfare Appeals Office (SWAO).
JobPath providers do not apply or recommend the application of a penalty rate of payment. They simply advise the Department if a jobseeker is failing to attend activation meetings. Officials in the Department then contact the Jobseeker and seek to arrange a meeting to discuss the matter directly with them. The application of penalty rates for all clients is entirely a matter for the Department and officials involved will take all relevant factors into account.
