Dáil Éireann Debate, Wednesday - 26 September 2018
81. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection her views on the growth in the use of sanctions by her Department against social welfare claimants on foot of their interaction with JobPath providers; if a review mechanism prior to the enactment of such sanctions will be considered; and if she will make a statement on the matter. [38854/18]
Amharc ar fhreagraMy Department is committed, under the Pathways to Work Strategy to incentivise the take-up of activation opportunities. Penalty rates were introduced as a means of encouraging jobseekers to engage with activation measures and co-operate with efforts of the Department to assist them in securing employment. Penalty rate sanctions can only be invoked in relation to failure to comply with the Department’s activation measures. 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.
Social Welfare legislation provides that sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer of the Department of Employment Affairs and Social Protection, where jobseekers referred for activation 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. The penalty rate is lifted as soon as the jobseeker engages in the process. If dissatisfied with the Deciding Officer’s decision to impose a sanction, the Jobseeker can appeal that decision to the Social Welfare Appeals Office (SWAO).
The majority of jobseekers engage with the activation process having been invited for the first time. Some, however, fail to engage, without good cause. Following a verbal warning and a rescheduling of an appointment, this number falls significantly and only a small proportion of jobseekers have a penalty rate applied.
It is important to note that year on year since the introduction of the INTREO/Activation model there has been a steady increase in the numbers of jobseekers engaging with the Department’s Activation services. The Department’s capacity to deliver the activation service has increased considerably from 2011 to date which coincides with the increase in the number of penalty rates applied.
Approximately 1,500 jobseekers (1%) would have a penalty rate applied at any given time. This number needs to be viewed in the context of circa 150,000 Jobseekers who are engaged with either the Department's internal activation process via the Intreo Service or the external activation process i.e. JobPath and the Local Employment Services at a given time.
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.
