Working for Work : Chapter 1 : Social Welfare Payments

The Appeals System

The people who make decisions about your claim at the Department of Social Protection (DSP) are known as 'Deciding Officers'. If you are unhappy with a decision made on your claim you have a number of options in seeking to address and resolve the problem or issue.

Asking for a Review of a Decision

You have the right to ask the deciding officer to review their original decision, and receive a fair and unbiased review, if:

• You have new or additional information which was not available to you or the deciding officer at the time of the original decision, which if had been available at the time of the original decision you feel may have resulted in a different decision.
• The stated interpretation of the facts or information you provided which are contained in the deciding officers decision are 'subjectively' incorrect and need clarification
• The decision of the deciding officer is factually incorrect or inaccurate based on matter of fact.

The Deciding Officers must adhere to internal departmental guidelines and to legislation when making a decision on your claim. They must also act in a manner which applies due process, natural justice and fair procedure in reviewing the original decision. Copies of the department's guidelines are available on the Department's website (www.welfare.ie) in the Freedom of Information section. Where appropriate, you should always ask the original Deciding Officer to review their decision before making an official appeal to the Appeals Office.

If the review process is unsuccessful you may wish to consider making a formal appeal.

Social Welfare Appeals

The Social Welfare Appeals Office is an independent agency established to provide an appeals service to persons who are unhappy with decisions of:

Deciding Officers of the Department of Social Protection on questions relating to entitlement to social welfare payments and insurability of employment under the Social Welfare Acts, and

Officers of the Health Service Executive on questions relating to entitlement to certain Supplementary Welfare Allowances

The Office is headed by a Chief Appeals Officer and has its own Appeals Officers. An Appeals Officer is independent of the Department and will look at your claim to make sure that the decision has been made in a reasonable way and in accordance with the legislation. The 'Appeals Officer' can determine if your application for a payment, or any decision received, is appropriate, adheres to and is in keeping with the Department's guidelines and legislation.

Payment while Appealing a Decision

While waiting on an appeal hearing, or a decision, from the Appeals Office www.socialwelfareappeals.ie you may be entitled to a Supplementary Welfare Allowance (SWA) payment from the Community Welfare Officer in your local health centre. The type of payment and amount you receive will depend on your individual circumstances. Contact the INOU on (01) 856 0088 for further information.

How to make an Appeal

You should complete both sides of the appeal form and include a request to have an oral hearing. Appeals forms are available from your local Social Welfare office, and should be returned to: -

• Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, D'Olier Street, Dublin 2. Tel: (01) 671 8633.

Practical Steps in making your Appeal

If possible, contact the INOU for assistance before you lodge your appeal.

• Appeal within 21 days of receiving the Deciding Officer's decision.
• You can ask for your appeal to be held as an oral hearing, this is done by simply writing' I wish to have my appeal held as an oral hearing
• When going to an oral hearing, you can bring a friend or advice worker to provide support or help you present your case. You do not have to have a solicitor to represent you, but you can if you wish. Your local Resource Centre may be able to make the appeal on your behalf.
• Collect all evidence supporting your appeal and bring witnesses who can provide evidence.
• You should always keep copies of all the correspondence you have had with the Department and the Appeals Office - especially the original appeals form (both sides of it).
• You should request a copy of your Social Welfare file, and all the documentation relating to your case, from the Social Welfare Office that dealt with your claim. Ask for this in writing under the Freedom of Information Act when making the request. You are legally entitled to any information the Department has used in deciding your case.
• You should meet with your representative/advisor regularly to review and update your case. Write down everything that appears relevant. Get as much supporting evidence or material as possible - the more prepared you are for the appeal the better chance you have of winning it.
• You should normally hear the result of your appeal within 6 months of the hearing, although this could take longer depending on the number of appeals being dealt with by the Appeals Office.
• If new evidence becomes available after the appeal, you can ask for the case to be reviewed.
• If you lose your appeal you can still apply for the same payment in the future if your circumstances have changed since the appeal decision.
• If the appeal is unsuccessful you may be able to appeal to the Chief Appeals Officer or the Ombudsman

 

Please Note: You will not be able to take-up a place on a CE scheme, Community Services Programme, Back to Education Allowance or Back to Work Allowance while your claim is under appeal.

Last Updated: 31/08/2011 ^ back to top

Short Time Working Training Programme

The pilot Short Time Working Training Programme, administered by FÁS will provide two days training a week for 277 workers over a 52-week period. Under this scheme, workers who are on systematic short time working for 3-days a week and receiving social welfare payments for the two days they are not working will receive training for these two days.

Participants on this programme will continue to receive their existing social welfare entitlements from the Department of Social Protection. Contact your local FÁS office for more information.

Last Updated: 01/09/2011 ^ back to top

Social Assistance Payments

Generally speaking, people who have become ill, disabled, who act as a carer, are elderly, unemployed or are lone parents and do not have the necessary PRSI contributions can qualify for specific Social Assistance payments from the Department of Social Protection.

To qualify you must:

• prove you are eligible for a particular payment, e.g. a One-Parent Family Payment applicant must prove they are parenting alone
• pass a means test (subject to various disregards)
• satisfy the habitual residence condition
• satisfy the medical criteria, e.g. for Disability Allowance

The following are Social Assistance payments:

• Jobseeker's Allowance (JA)
• Pre-Retirement Allowance (PRA)
• One Parent Family Payment (OPFP)
• Disability Allowance (DA)
• Carer's Allowance (CA)
• Family Income Supplement (FIS)
• Fuel Allowance
• State Pension (Non-Contributory)
• Widows/Widowers Non-Contributory Pension
• Guardian's Payment (Non-Contributory)
• Blind Persons Pension
• Farm Assist

The Means Test

All social assistance payments are means-tested but the means test can differ depending on the type of payment you are applying for. The Department's rules on means testing are set out in its guidelines*, which are available at www.welfare.ie. If you are not happy with your means decision and feel you are being treated unreasonably, you have the right to appeal the decision to the Social Welfare Appeals Office (See Appeals later in this chapter)

 

 

The following income is taken into account for the means test:

• Cash income belonging to you or your spouse/civil partner/cohabitant
• Any property you have (other than your own home)
• Income from the Rent A Room Scheme (certain disregards apply)
• The value of any savings, investments, pension shares or land
• Any maintenance paid to you by an ex-spouse or partner
• Parental income if you are under 25 and living in your parents' home

a. Cash income

This includes income from you or your spouse/civil partner/cohabitant's employment, private pension, short-term letting on land owned.

Income not assessed for the means test

• payments from the Department of Social Protection
• income earned from the HSE as a home help
• the maintenance portion of a Local Authority Higher Education Grant
• Child Benefit from another EU member State
• Supplementary Welfare Allowance from the Health Service Executive
• Rent or Mortgage Interest Supplement
• income earned under certain schemes in Gaeltacht areas
• income from certain non-profit making charitable organisations
• income from the HIV Haemophilia Fund and the Hepatitis C Fund
• any amount received as a training allowance while undergoing a course of rehabilitation training by an organisation approved by the Minister for Health. -
• income from a Disability Pension or a Wound Pension under the Army Pension Acts 1923-1980 or a combination of allowances in so far as they do not exceed €104 per year (includes British War Pension from UK).
• compensation awards by the residential institutions redress board
• income from insurable seasonal employment if the seasonal employment has finished

Please contact the INOU on (01) 856 0088 for further information or details on any additional exceptions.

Income disregards

There are certain disregards allowed on income for example, If you make a claim for Jobseeker's Allowance and your spouse is working then their PRSI, pension payments and union subscriptions would be deducted from their gross earnings before the means test is done. There are a range of different income disregards for different types of payments. These are explained in Chapter 4.

Pensions:

The value of a pension fund is only assessable for means when a person has access to the pension fund. Any benefits in the form of a regular payment will be treated as income for means purposes. The value of any cash otherwise available from a pension fund will be assessed on the basis of the capital valuation of that fund. Where a Personal Retirement Bond or Buy-Out-Bond is held, a bond which offers a lump-sum payment at a specific point in time, the terms of this bond will determine what and when benefits are payable to the holder of the bond.

A person should provide details of the bond to the Department in order to prove that they do not have access to any of the benefits of the bond - i.e. cash income.

b. Property

The Department will assess the capital value of any property you or your spouse/civil partner/cohabitant own, including any second home, holiday home, unoccupied apartment, residential or commercial buildings in Ireland or abroad. The value of your own home will not be assessed.

Income from the Rent A Room scheme will be assessed, but certain disregards will apply. Contact the INOU on (01) 856 0088 for more information.

c. Investments, savings, shares or land

The capital value of any money you or your spouse/civil partner/cohabitant have in the bank or credit union, stocks, bonds or shares will also be assessed.

The method of assessing capital for entitlement to social assistance payments (except for Supplementary Welfare Allowance) is as follows:

 

Capital Weekly Means Assessed First €20,000 Disregarded Next €10,000 €1.00 per €1,000 Next €10,000 €2.00 per €1,000 Balance €4.00 per €1,000

 

NOTE: The disregard for Disability Allowance is €50,000

 

Example For someone claiming Jobseeker's Allowance the value of property, savings or capital is assessed in the following way: - Money in the credit union €25,000 - Assessable savings (€25,000 - €20,000) €5,000 - Total weekly means (€1.00 per €1,000 x 5) €5.00 per week - Deduction from payment €5.00 per week In this case, only €5,000 of the €25,000 in the credit union is assessable as means. The value of this €5,000 is €5.00 per week.

 

If you are of pension age of 66 or over and receiving any of the following payments:

• State Pension (Non-Contributory)
• Widow/er's Non-Contributory Pension
• Prisoner's Wife's Allowance (PWA)
• One Parent Family Payment (OPFP)

Up to €190,500 made on the sale of your main home will not be counted against your means-tested payment provided the sale is agreed after you reach 66 years of age.

If the Department know, or suspect, that you deliberately got rid of any money (without just cause, good reason or without acceptable documentary evidence) or property in order to qualify for a payment, you will be assessed with the value of the means. The Department's officials will ask you to provide documentation such as bank statements etc. for the means test. If you don't provide this documentation the Deciding Officer will not be able to make a decision on your claim.

d. Maintenance

If you are separated from your spouse/civil partner/cohabitant and receive maintenance from them, this will be assessed. However, for Jobseeker's Allowance, One Parent Family Payment and several other schemes, vouched housing costs up to a maximum of ?95.23 can be deducted from the maintenance payment and half the balance will be assessed as means.

e. Benefit and Privilege

In the means test for Jobseeker's Allowance and Supplementary Welfare Allowance payments, if you are under 24 years of age and under and living at home then your parents' income will be taken into account for the means test. This assessment is known as Benefit and Privilege and is assessed because there is a certain benefit from living in the family home.

Benefit and Privilege does not apply:

• To persons 25 years of age or over on JA living in their parents home -
• Where a son/daughter is claiming Jobseeker's Allowance and is living in their parents' home with a spouse or partner -
• If you return to the parental home having had an independent life-style elsewhere in Ireland or abroad for at least 3 years.

Assessing Benefit and Privilege:

The gross income of the parent/s you live with is taken minus certain disregards and then 34% of the balance is assessed

Income included for this assessment:

Income from insurable employment, self-employment, from all pensions, Rental income from property or land, Maintenance payments, Social Welfare Payments (few exceptions), Health Executive payments (few exceptions), FÁS Training Allowance and from Community Employment Schemes

The Department will allow the following deductions:

• Income tax (Including the Universal Social Charge)
• PRSI
• Health Insurance Contributions
• Superannuation / PRSA
• Union subscriptions
• Rent/Mortgage.

Additional Disregards

There is a further €600 disregard for a two parent family and €470 for a one-parent family. There is a €30 disregard for each child up to 18 years of age and for children over 18 years of age in full time education.

Deductions not allowed:

No deductions are allowed for travelling expenses, life assurance premiums, club subscriptions or saving schemes. In cases where parents have property other than the family home and that property is yielding an income, the net income of that property is asessed e.g. rental income less expenses such as mortgage repayments, insurance costs, repairs etc.

 

Example: John is 23 and claiming Jobseeker's Allowance, which would normally be €188.00. He lives with his parents and two school going siblings. His mother does not work and his father has net (after tax, etc.) earnings of €900 a week. Benefit and Privilege is calculated as follows: Income: €900.00 less Deductions: -- Personal allowances for a two parent family: €600.00 -- Sibling disregard: €60.00 -- Rent/mortgage payment: €120.00 Total Allowances per week €780 Means assessable (€900 minus €780) = €120.00 Means assessed (€120 x 34%) = €40.80 Jobseeker's Allowance: (€188.00 - €40.80) €147.20 Please note: If John was under 20 his Jobseeker's Allowance would only be €100 per week. Under this example the Benefit and Privilege rule would reduce his payment to €59.20. This also applies to new claimants aged 20-21. For those new claimants aged 22-24, the Jobseeker's Allowance is €144.00. Accordingly, after Benefit and Privilege is applied, their payment is €103.20

 

Benefit and Privilege does not apply to people claiming One-Parent Family Payment who are living in their parents' home.

If a person's only source of income is from their parents and means from parental income is so high that their payment would be less than €40, then they will receive a minimum payment of €40 per week.

 

Last Updated: 08/09/2011 ^ back to top

Tax and Social Welfare

Many Social Welfare payments are now treated as taxable income. This means that your Social Welfare payment will 'use up' your available tax credits.

Any additional income that you or your spouse may have, on top of your Social Welfare payment, will be subject to tax. Jobseeker's Allowance, Maternity Benefit, Child Benefit and Health Board payments are not treated as taxable income.

 

The main social welfare payments that are taxable are: -

Jobseeker's Benefit - One Parent Family Payment - Illness Benefit - Invalidity Pension - Blind Pension - Deserted Wife's Benefit - State Pension Contributory/ Non-Contributory - State Pension (Transition) - Guardian's Payment Contributory/ Non-Contributory - Carer's Allowance - Widow / Widowers Contributory/ Non-Contributory - Injury Benefit

 

i If you are claiming a taxable social welfare payment you must notify the tax office of any additional income either you or your partner/spouse have from earnings or other sources. The tax office will 'code-in' details of your social welfare payment and apply it to the tax charged on your other income. Any taxes due are not deducted from the social welfare payment; it is taken from your other income.

 

See Chapter 5 for information on Income Tax and Social Welfare.

Last Updated: 31/08/2011 ^ back to top

Jobseeker's Payments

The main social welfare payments for unemployed people are either Jobseeker's Benefit (JB) or Jobseeker's Allowance (JA). This section aims to make you familiar with rules you need to know in order to apply for and continue to receive these payments.

How to qualify for JB or JA

For all unemployment payments you must be:

• unemployed
• available for full-time work
• aged between 18 and 66
• genuinely seeking employment
• capable of full-time employment
• fully unemployed for at least 3 days in any period of 6 consecutive days

For Jobseeker's Benefit you must also -

• satisfy the PRSI contributions

For Jobseeker's Allowance you must also

• satisfy a means test
• satisfy the habitual residence conditions.

Genuinely Seeking Work (JB and JA)

In order to qualify for a jobseeker's payment you must prove that you are Genuinely Seeking Work. This means that you must be able to show that you are; -

• Willing to accept any reasonable offer of employment based on your skills, qualifications and experience
• Willing to accept any reasonable offer of training, re-training or education to improve your prospects of finding employment
• Able to show that you have, in the relevant period, taken reasonable steps which offer you the best prospects of getting employment. You will be expected to use all available services and supports to help you seek employment, see Chapter 3, and have proof of your jobseeking efforts.

Capable of Work (JB and JA)

In order to qualify for a jobseeker's payment you must prove that you are Capable of Work. For a day to be regarded as a day of unemployment the person claiming a Jobseekers payment must be capable of work on that day.

A person is considered to be capable of work if there is no evidence to the contrary (e.g. unless he/she states otherwise), or where, on request, he/she fails to produce a final medical certificate from their doctor following a period of illness.

Asylum Seekers (JB and JA)

Asylum Seekers do not have the right to work, and do not have entitlement to an unemployment payment, until their residency status is finalised and they have a valid Garda National Immigration Card.

Trade Disputes (JB and JA)

You cannot claim a jobseeker's payment if you are participating in a trade dispute, or strike, at your place of work. If you are refused JA or JB you have the right to take your case to the Social Welfare Tribunal - a special office that can review the situation surrounding the trade dispute and decide if the decision is correct.

If you are involved in a trade dispute your spouse/civil partner/cohabitant may be entitled to a Supplementary Welfare Allowance payment from the local Health Board for her/himself and any children you have under age 18, or between 18-22 years and in full-time education.

Working and Claiming a Jobseeker's Payment

 

i Please see chapter 4 for detailed information on working and claiming a Jobseekers payment.

 

Even if you work only one hour in a day you will be considered unavailable for work on that day. If you work overnight the day of employment is considered to be the day you do the most hours. The only exception to this is if you work Saturday into Sunday, or Sunday into Monday. In these cases Saturday and Monday would be counted as days of employment.

Remember: Sunday is not considered a day of employment, so if you work on a Sunday you will not lose a portion of your weekly Jobseekers payment for this day - other conditions apply, please see Chapter 4 for more information.

Jobseeker's Benefit (JB)

Jobseekers Benefit is a payment available to unemployed jobseekers who are out of work, have enough PRSI contributions (see following pages) to qualify for the payment and satisfy the 'Genuinely Seeking Work' conditions. Jobseekers Benefit is not 'means tested', so any income you have from savings or investments or property other than your own home will not affect your payment. Jobseeker's Benefit is not paid for the first 3 days you are unemployed.

You may qualify to receive an additional payment for your spouse/civil partner/cohabitant and any dependant children under the age of 18. If your partner is employed and earning between €100.01 and €310.00 per week you may receive a reduced payment for them. If they earn more than €310 you will not receive any payment for them.

 

Maximum Rates of Payment - Jobseeker's Benefit

Main Claimant: €188.00 Qualified Adult: €124.80 Each Qualified Child €29.80

 

Jobseeker's Benefit rates are graduated on earnings in the relevant tax year. Reduced rates may be payable - see Wage Band Limits and Relevant Tax Year in this chapter.

 

Duration of payment

• Jobseeker's Benefit is paid for a maximum of 12 months to new claimants who have 260 or more paid contributions since starting in insured employment.
• Jobseeker's Benefit is paid for a maximum of 9 months to claimants who have less than 260 paid contributions since starting in insured employment

If you exhaust your claim for Jobseekers Benefit, if you do not re-qualify for Jobseekers Benefit (see Re-qualifying for Jobseekers Benefit in this chapter) and you are unemployed and 'Genuinely Seeking Work' you can apply for Jobseekers Allowance. Jobseekers Allowance is a means tested payment and will take into consideration you and your spouse/civil partner/cohabitants savings, investments, property other than your own home and any income from employment/self-employment either you or your partner may have - see Jobseekers Allowance in this chapter for more information.

PRSI Requirements

To make a claim Jobseeker's Benefit you must have the following PRSI contributions:

• At least 104 paid contributions since you first started work, and - Have 39 paid or credited in the relevant tax year (of which at least 13 must be paid i ) or
• Have 26 paid contributions in the relevant tax year and 26 paid contributions in the year immediately preceding it

 

i If you do not have 13 paid contributions in the relevant tax year the following years can be used to meet the condition: The two tax years before the relevant tax year; the last complete tax year; the current tax year.

 

Once you qualify for a payment the amount you receive will be based on your average weekly gross earnings in the relevant tax/contribution year.

If you earned a gross weekly average of €300.00 per week in the relevant tax year and you satisfy all of the conditions, you will qualify for the maximum personal rate of Jobseeker's Benefit.

Wage Band Limits

Jobseeker's Benefit rates are graduated according to earnings in the relevant tax year. A reduced rate of Jobseeker's Benefit is payable if your average weekly earnings in the relevant tax year is under €300. To get your average weekly earnings in the relevant tax year, your gross yearly earnings are divided by the number of PRSI contributions you paid at class A, H, or P. The relevant tax year is 2 years before the year of your claim. For example, if you claim Jobseeker's Benefit in 2011 the relevant tax year is 2009.

 

Weekly payment for new claims in 2011 Average weekly Personal Rate Qualified Adult Each Child* earnings Less than €150 €84.50 €80.90 €29.80 €150 - €219.99 €121.40 €80.90 €29.80 €220 - €299.99 €147.30 €80.90 €29.80 €300 or more €188.00 €124.80 €29.80 *If you do not qualify for an increase for a qualified adult you may get a half-rate qualified child increase, if your spouse or partner has income of €400 or less per week.

 

If you were awarded credits only in the relevant tax year and had no earnings, you will receive the minimum rate of payment.

If you qualify for a reduced rate of Jobseeker's Benefit you can opt to do one of the following:

• Apply for optional Jobseeker's Allowance (JA), this payment is means tested so you may qualify for a higher payment.
• If your spouse/civil partner/cohabitant is receiving a social welfare payment it may be better to remain as a qualified adult on their claim.

Issues that may affect your claim

Depending on a variety of circumstances, your application for Jobseekers Benefit may take a number of weeks to be processed. While awaiting processing of your claim you may be able to make a claim for Supplementary Welfare Allowance from the Community Welfare Officer in your local Health Centre. This is a means tested payment and will take into consideration you and your spouse/civil partner/cohabitants savings, investments, property other than your own home and any income from employment/self-employment either you or your partner may have.

Any monies paid to you under these circumstances will be recovered from the Department of Social Protection by the HSE from any arrears accrued in the processing of your Jobseekers Benefit claim.

For more information contact the INOU on (01) 856 0088.

P45 issues

P45 not issued:

A P45 is a statement of your pay and the tax and PRSI deducted by your employer. You must be given your P45 if you lose your job or are made redundant. If you are not given a P45 when you leave your job you should first ask your employer for it. If the employer does not supply it you should contact your local tax office. Revenue will contact the employer and obtain your P45 for you. If you have started a new job, Revenue will send you a new tax credit certificate so you will not have to pay emergency tax in your new job.

If you have not been given your P45 and you think that your PRSI contributions have not been paid you should inform your local social welfare inspector by contacting your local social welfare office or the Scope section of the Department of Social Protection - telephone (01) 704 3000.

Period of Notice:

You may be entitled to notice if you are being let go from your job. This means that you are given notice that your job will end, and a date in the near future when this will come into effect. The length of notice you are entitled to, will depend, in the first instance, on your contract of employment and your statutory entitlement under employment law.

If you are not required to work your 'notice' period but are paid for the notice period you will not be 'officially' unemployed until the date your employment is terminated according to your P45. As such you would not be able to claim a Jobseekers Payment, either Benefit or Allowance, until the date of termination of employment as listed on your P45. See Your Rights at Work in Chapter 4 for details of statutory notice periods.

Jobseeker's Benefit and Europe

Living or Working in Northern Ireland

If you have been working in Northern Ireland, this is treated as working in another EU country. However, special rules also apply to cross-border workers who work in one EU country, and who return to their home country at least once a week. Contact the INOU on (01) 856 0088 for more information on cross-border workers entitlement to Jobseekers payments.

Payment while Jobseeking Abroad

If you are receiving Jobseeker's Benefit in Ireland and wish to go to another EU country to seek employment, you can transfer your payment for a maximum of 78 days to another EU country. You must be available for and genuinely seeking work in Ireland and receiving your JB payment in Ireland for a minimum of 4 weeks before you go. Ask your local Social Welfare Office about transferring JB at least a month before you intend travelling.

Social Insurance and Work in the European Union

If you worked in another EU country in the past your social insurance record from that country may help you qualify for Jobseeker's Benefit in Ireland. However, in order to transfer your record from abroad you must have paid at least one reckonable (class A, H or P) PRSI contribution in Ireland since last coming to Ireland.

Jobseeker's Benefit and Self-Employment

Self-employed people would not normally qualify for a Jobseekers Benefit payment. Paying class S PRSI as a self-employed person only covers a limited number of social insurance payments; Jobseekers Benefit is not one of them. If, however, you were an employee before becoming self employed you may have some entitlement to a Jobseekers Benefit payment - contact the INOU on (01) 856 0088 for more information.

Deregistering as Self-employed

If you have been self-employed and your business has had to close down or if the business has reduced so much that it no longer provides you with a sufficient income you may qualify for a Jobseekers Allowance payment.

You do not need to de-register as self-employed to get a social welfare payment.

Jobseeker's Benefit and Redundancy

Genuinely Seeking Work

Although being made redundant would normally mean that a person would have sufficient PRSI contributions to qualify for Jobseekers Benefit, applicants must also satisfy the Genuinely Seeking Work conditions. You are reasonably expected to be Genuinely Seeking Work immediately after your redundancy, there is no facility to take 'time out' or 'time off' from job seeking following a redundancy.

Statutory Redundancy and Jobseekers Benefit

Where a person has been made statutorily redundant, i.e. where an employee's job no longer exists and they are not replaced having worked for the same employer for 2 years or more and receive an RP50 form, they would normally have enough PRSI contributions to qualify for a Jobseekers Benefit payment. For more information contact the INOU on (01) 856 0088

Voluntary Redundancy and Jobseekers Benefit

A voluntary redundancy situation arises when an employer requires fewer workers and asks for employees to volunteer for redundancy. An employee who takes voluntary redundancy from their job will not be disqualified from claiming Jobseekers Benefit and will retain entitlement to their full term of Jobseekers Benefit. For more information contact the INOU on (01) 856 0088.

Re-qualifying for Jobseekers Benefit

If you have used up your entitlement to Jobseeker's Benefit, you may requalify for JB if you have paid 13 PRSI contributions at class A, H or P after you received at least 156 days on your JB claim and you satisfy the other conditions for Jobseeker's Benefit. In this instance you must have been in employment, and paying Class A PRSI, while in receipt of a Jobseekers Benefit payment.

Disqualification from payment

You can be disqualified from payment for a maximum of nine weeks at the beginning of your claim for the following reasons:

• If you leave your job, including employment schemes, without just cause or a good reason
• If you lose your job because of your own misconduct.
• If you are aged under 55 and accept a redundancy payment of over €50,000. The disqualification period can be from one week up to nine weeks, depending on the amount of redundancy you receive. Deductions are allowed for any arrears that you have to pay on your mortgage or utilities.

Not Genuinely Seeking Work (GSW)

Persons in receipt of Jobseekers Benefit are required to satisfy the 'Genuinely Seek Work' (GSW) conditions in order to continue to qualify for the payment. People in receipt of Jobseekers Benefit can be called for interview by the Department of Social Protection to determine if they are meeting the GSW requirements in accordance with the department's guidelines. If the Department form the opinion that you are not Genuinely Seeking Work your claim can be refused and payment can be stopped. If this happens you can appeal this decision and seek a Supplementary Welfare Allowance payment (SWA) while making your appeal. Please contact the INOU on (01) 856 0088 for information and assistance. Refusing Employment or Training If you refuse an offer of employment, education or training without just cause or good reason the Department of Social Protection may refuse your claim and stop payment of your Jobseekers Benefit payment. Please contact the INOU on (01) 856 0088 for information.

Jobseeker's Allowance

Jobseekers Allowance is a payment available to unemployed jobseekers who are out of work, who do not have enough PRSI contributions to qualify for Jobseekers Benefit and who satisfy the 'Genuinely Seeking Work' conditions. Jobseekers Allowance is 'means tested', so any income you have from savings or investments or property other than your own home may affect your payment. You may qualify to receive an additional payment for your spouse/civil partner/cohabitant (Qualified Adult) and any dependant children under the age of 18. If the Qualified Adult works, €60 is disregarded and 60% of the balance is assessed as income and is deducted from the family rate of payment. This process is fully explained in Chapter 4.

 

Maximum Rates of Payment - Jobseeker's Allowance Main Claimant: €188.00 Qualified Adult: €124.80 Each Qualified Child €29.80 Jobseeker's Allowance may be affected by any additional income from employment, self-employment, savings, investments, pensions and property other than your own home.

 

Duration of payment:

Jobseekers Allowance is paid up to the age of 66 as long as you continue to satisfy the qualifying criteria - that you are fully unemployed or unemployed at least 3 out of 6 days, that you are fit, able and available for work, that you are Genuinely Seeking Work, that you are willing to accept any reasonable offer of training, re-training, education or work experience and that you continue to satisfy the means test.

Jobseeker's Allowance - under 25 years of age

There are differing rates of payments for persons claiming Jobseeker's Allowance who are under the age of 25.

Full-Rate Payment - under 25

The full rate payment of Jobseeker's Allowance will be paid to claimants under 25 who are: -

• Participating in a full-time Youthreach course for early school leavers -
• Participating in a full-time course in a Senior Traveller Centre -
• Participating in a full-time FÁS training course -
• Qualifies for the Back to Education Allowance to pursue a full-time second level course or a Post Leaving Cert course. (To qualify for the BTEA you must have been out of formal education for at least 2 years and been in receipt of a jobseekers payment for at least 3 months.)

The full rate of €188.00 is payable only for the duration of the course e.g. where a person under 25 years has completed a FÁS course he/she will return to the appropriate rate of Jobseekers Allowance.

There are reduced rates of JA (see below) for people under 25. But the full rate of Jobseeker's Allowance will be paid to those under 25 years of age in the following circumstances:

People who WILL NOT be affected by this change are:

• Those with dependent children (Qualified Child on JA payment)
• Those who qualify for Jobseeker's Benefit or whose Jobseeker's Benefit payment has exhausted and they are transferring from Jobseeker's Benefit to Jobseeker's Allowance
• Those who sign off Jobseeker's Allowance because they found work and, having lost their job, makes a repeat claim within 12 months. -
• Those leaving the care of the Health Service Executive at age 18. e.g. those in foster homes or HSE care facilities or who were under HSE care within the last 12 months before they reached 18. -
• Those who were 20/22 before the 30th of April/December 2009 and whose payment commenced prior to the 30th April/December 2009.

 

Jobseeker's Allowance maximum weekly rates for people aged 25 and over New and Existing Personal Increase for a Increase for a Claimants Rate Qualified Adult Qualified Child Maximum Rate €188 €124.80 €29.80

 

Jobseeker's Allowance maximum weekly rates for people under 25 years of age New and Existing Personal Increase for a Increase for a Claimants Rate Qualified Adult Qualified Child (Maximum Rate) 18-19 €100.00 €100.00 -- 20-21 €100.00 €100.00 -- 22-24 €144.00 €124.80

 

Issues that may affect your claim

Processing times for Jobseekers Allowance claims

Depending on a variety of circumstances, your application for Jobseekers Allowance may take a number of weeks to be processed. While awaiting the processing of your claim you may be able to make a claim for Supplementary Welfare Allowance from the Community Welfare Officer in your local Health Centre. This is a means tested payment and will take into consideration you and your spouse/civil partner/cohabitants savings, investments, property other than your own home and any income from employment/self-employment either you or your partner may have.

Any monies paid to you under these circumstances will be recovered from the Department of Social Protection by the HSE from any arrears accrued in the processing of your Jobseekers Allowance claim. For more information contact the INOU on (01) 856 0088.

Jobseeker's Allowance and Europe

Payment while Jobseeking Abroad

Unlike Jobseekers Benefit, you cannot claim a Jobseekers Allowance payment if you wish to go to another EU country to look for work. You must be resident in the country to claim Jobseekers Allowance.

Habitual Residence Condition

As of 1st May 2004, a person, must satisfy Habitual Residence conditions in order to qualify for Jobseeker's Allowance and Supplementary Welfare Allowance payments, regardless of your nationality. Generally an applicant who has been present in Ireland for 2 years or more, works here and has a settled intention to remain in Ireland and make it his/her permanent home may satisfy the habitual residence condition.

Persons who have lived in other parts of the Common Travel for two years or more and then move to Ireland with the intention of settling here may satisfy the habitual residence condition.

PLEASE NOTE: Section 246 of the Social Welfare Consolidation Act 2005 provides that: "it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date." The presumption in Section 246 (1) does not mean that an applicant is automatically considered to be habitually resident in the State because he or she has been here (or in another part of the Common Travel Area) for 2 years or more.

 

 

Refusal of a payment on Habitual Residence conditions can be appealed to the Social Welfare Appeals Office. Contact the INOU on (01) 856 0088.

 

As of the 5th May 2005, EEA citizens and Swiss nationals who are employed or self-employed in Ireland, paying PRSI or who are claiming jobseeker's benefit at the time they make a claim for One-Parent Family Payment will automatically satisfy the Habitual Residence criteria.

 

Disqualification from payment -

Not Genuinely Seeking Work (GSW)

Persons in receipt of Jobseekers Allowance are required to satisfy the 'Genuinely Seek Work' (GSW) conditions in order to continue to qualify for the payment. People in receipt of Jobseekers Allowance can be called for interview by the Department of Social Protection to determine if they are meeting the GSW requirements in accordance with the department's guidelines. If the Department form the opinion that you are not Genuinely Seeking Work your claim can be refused and payment can be stopped. If this happens you can appeal this decision and seek a Supplementary Welfare Allowance payment (SWA) while making your appeal. Please contact the INOU on (01) 856 0088 for information and assistance. - Failure to disclose information Persons in receipt of Jobseekers Allowance are required to advise the Department of Social Protection of any change to their circumstances, particularly those in relation to their availability for work or means i.e. savings, investments, property and partners income. Failure to disclose such information could result in a Jobseekers Payment being suspended or disqualified. If this happens you may be able to appeal this decision please contact the INOU on (01) 856 0088 for information. -

Refusing Employment or Training

If you refuse an offer of employment, education or training without just cause or good reason the Department of Social Protection may refuse your claim, may reduce your payment or may stop your Jobseeker's Benefit/Jobseeker's Allowance payment completely. If this happens you may be able to appeal this decision please contact the INOU on (01) 856 0088 for information.

How to apply for Jobseeker's Benefit or Jobseeker's Allowance

When applying for a Jobseeker's payment the following checklist will help you in making your claim:

1. Apply as soon as you can when you finish work, i.e. the first day you are unemployed. The first three days of every new claim are called waiting days and you do not receive payment for these days. If you are applying for a means tested payment you will be asked for your own and your spouse/civil partner/cohabitant's recent bank statements and/or payslips and any other documentation that relate to your means.

2. You will need to bring your passport or driver's licence as proof of your identity. You may also need proof of your address if the address the Department has on their system is different to your current address eg. a household bill (gas, ESB etc.), bank statement or tax document.

3. Bring your P45 or a letter from your employer stating the last day you worked. (See also P45 issues on page 18) - this applies to both Jobseeker's Benefit and Jobseeker's Allowance.

4. On the application form you will be asked about the type of work you are looking for, what times you are available for work and the efforts you have made in seeking work. Be as accurate as possible in your answers and always think through the implications of what you are saying. You must show that you are looking for full-time work and that you are willing to accept any reasonable offer of employment based on your skills, qualifications and experience. You must also show that you are willing to look at different types of work (see Genuinely Seeking Work in this Chapter). If you are in payment, your claim will be reviewed by the office from time to time so you should keep details of any e-mails or letters from employers and jobs that you have applied for.

5. While you are waiting for a decision on your Jobseeker's claim, and if your income is not enough to meet your needs, you can apply for a means tested Supplementary Welfare Allowance (SWA) payment. Applications for SWA payments should be made to the Community Welfare Officer at your local Health Centre. -

• If you are refused an SWA payment you should apply to the Community Welfare Officer (CWO), in your local health centre, for a Basic Weekly Payment. Also, under the legislation governing the scheme, the HSE may make a single payment to meet an exceptional need to people on Social Welfare or HSE payments. This is a once-off payment to meet an unforeseen or special need that cannot be met from a person's basic income. Assistance in the form of an Urgent Needs Payment (UNP) can be also made to persons who would not normally be entitled to SWA,to assist, for example in cases of flood damage with immediate needs such as food, clothing, fuel, household goods and perhaps shelter. Contact the INOU on (01) 856 0088 for information and assistance.

6. If you are in receipt of full-rate One-Parent Family Payment, Widow's or Widower's Pension or Deserted Wife's Benefit you can still claim Jobseeker's Benefit (if you have the right number of contributions and satisfy the normal Jobseeker's Benefit qualification conditions). In this case you would receive half the personal rate of Jobseeker's Benefit along with your other payment. You will be required to satisfy all of the conditions of Jobseeker's Benefit to qualify for this payment.

Your unemployment payment can be stopped if: -

• You refuse a suitable job offer, including Community Employment or a suitable offer of training, re-training or education. -
• You are suspected/convicted of fraud in relation to a Social Welfare payment.

When receiving your JB/JA, there are three things to remember:

1. You must be genuinely seeking and available for full-time work and able to provide proof of your efforts to find work. Always keep records of your job seeking efforts. You will be asked to show proof of your efforts to find work to the Department from time to time. You should keep a scrapbook, folder or copy where you can keep records of job seeking - for example job advertisements from newspapers, lists of telephone calls you made and copies of letters you sent to employers.

2. You must inform the Department of any change in your circumstances. They may ask you questions to make sure you are in the same circumstances as when you first signed-on. Be aware of this and be able to answer any questions they may ask you. Always make sure that you tell the Department if you do any of the following:

• Take up paid employment of any sort. -
• Take up voluntary work. -
• Find employment on a government or FÁS employment programme/ training scheme. -
• Claim and receive any other benefit or assistance. -
• Return to education. -
• Leave the country. -
• Have any changes in your family circumstances that may affect your payment, i.e. if a dependant child moves out of the family home or if your partner takes up employment. -
• If you are, for whatever reason, unable to take up employment.

If your circumstances change for the worse you may be entitled to some additional assistance - always check it out and ask your local Social Welfare office to review your claim.

3. If the Department overpays you in error or because of a change in your circumstances, you will be asked to repay it. You are entitled to negotiate with the Department as to how you should repay the money and agree an affordable repayment plan - however, you cannot be left with less to live on than the current rate of Supplementary Welfare Allowance. Ask for the Code of Practice on overpayments.

 

Remember: In some cases it is possible to work, or go back to school/college and continue signing-on for Jobseeker's Allowance/ Benefit, see Chapter 4 and Chapter 6.

Last Updated: 08/09/2011 ^ back to top

Social Insurance Payments

People in employment, and self-employment, make Pay Related Social Insurance (PRSI) contributions which are deducted from their wages each week. These payments, or 'stamps' as they are traditionally known, are a means for people to insure themselves through the State, against any event that may cause them to be out of the workforce.

The Department of Social Protection keep a record of all social insurance payments, both paid and credited, under your Personal Public Service (PPS) number. Your PPS number is very important, so keep it safe, as you will need it when you are dealing with the Department.

Classes of Social Insurance Contributions

There are a total of 11 types of PRSI 'classes' in the Social Welfare system. Generally speaking, however, there are usually two main types of Social Insurance 'classes' relevant to people who are employed or self-employed:

PRSI Class A

This class of contribution covers employees under the age of 66 in industrial, commercial and service-type employment who have reckonable pay of ?38 or more per week from all employments as well as Public Servants recruited from 6 April 1995. Participants on Community Employment pay class A8 or A9 PRSI, but this still counts as a full Class A PRSI contribution. Participants on FÁS Training Courses do not pay PRSI contributions, but receive credited contributions for the duration of the training course.

Social Insurance Payments - Class A

 

PRSI Class S - This applies to self-employed people including certain company directors, people in business on their own account and people with income from investments and rents. It only covers a limited number of social insurance payments.

 

Social Insurance Payments - Class S

For information on the full range of PRSI Classes visit the Department of Social Protection website www.welfare.ie

Claiming a Social Insurance Payment

Qualifying for a payment

In order to qualify for a Social Welfare payment using your social insurance record you will need:

• A specific number of paid PRSI contributions from the time you first started working.
• A specific number of paid or credited PRSI contributions in the relevant tax year, also known as the Governing Contribution Year.
• To satisfy the conditions of the particular payment e.g. for Illness Benefit you must produce medical certificates, for Jobseeker's Benefit you must prove you are genuinely seeking work.

 

 

Relevant Tax Year/Governing Contribution Year

In order to qualify for a social insurance payment you must have the required number of PRSI contributions in the Relevant Tax Year/Governing Contribution Year (GCY). For all Social Insurance payments (benefit payments), except Invalidity Pension, the Relevant Tax Year/Governing Contribution Year is two years before the year in which you make your claim.

Benefit Year

Benefit Year	Contribution/Tax Year
1st Monday in January 2011	1st Jan. 2009 - 31st Dec 2009
1st Monday in January 2012	1st Jan. 2010 - 31st Dec 2010
1st Monday in January 2013	1st Jan. 2011 - 31st Dec 2011

 

Invalidity Pension:

The Relevant Tax Year/Governing Contribution Year for Invalidity Pension is the year before the benefit year. So, for example, claims made in 2011 will use 2010 as the Relevant Tax Year/Governing Contribution Year.

Types of Social Insurance Contributions

Credited PRSI Contributions

Credits or credited contributions are social insurance contributions given to qualified persons who are unable to continue making paid PRSI contributions in circumstances such as unemployment and illness. Their purpose is to help protect the social insurance entitlements of people during periods when they may not be able to make paid contributions. Credits can be very important to continue your PRSI record for future entitlement to some short term payments and pensions.

If, at any stage since starting work, you have no PRSI contributions paid or credited for two full tax years in a row, you cannot get credits until you return to work and pay PRSI contributions for at least 26 weeks. If contributions are paid at PRSI Classes S, J, K or M for 26 weeks then this would not count for the purposes of getting credits.

Voluntary PRSI Contributions

Voluntary Contributions are Pay Related Social Insurance (PRSI) contributions you can opt to pay if you are between the age of 16 and 66 and are no longer covered by compulsory PRSI by way of insurable employment, self-employment or credited contributions. Payment of Voluntary Contributions can help maintain or improve your contributory pension entitlements. They do not provide cover for any short term benefits such as Jobseekers, Illness, Maternity or Treatment Benefit.

You may choose to pay voluntary contributions, provided you meet certain conditions if you:

• are no longer covered by a PRSI scheme on a compulsory basis in Ireland,
• are no longer covered by a PRSI scheme on a compulsory or voluntary basis in any other EU country,
• are under age 66,
• satisfy qualifying conditions.

To become a voluntary contributor you must have paid at least 260 weeks PRSI in either employment or self-employment and apply within 12 months of the end of the contribution year during which you last paid compulsory insurance or you were last awarded a credited contribution and agree to pay voluntary contributions from the start of the contribution week that follows the week in which you leave compulsory insurance.

You can pay voluntary contributions as a lump sum before the end of a contribution year or by an instalment every three or six months during a contribution year. There are three different rates of voluntary contributions - High, Low and Special rate. Please contact the INOU for more information - (01) 856 0088.

Credits

Homemaker's Scheme

From 6 April 1994, if you have left the workforce for a long period of time to care for a child/ren under 12 years if age, you may be entitled to homemaker's credits for this period. You must have paid a PRSI contribution that would cover you for the State Pension (Contributory) and satisfy all scheme conditions.

Leaving Work due to Illness

If you are unfit for work because of illness, injury or disability, you may be entitled to 'credits'. 'Credits' are normally awarded automatically, if you are getting Illness Benefit, Invalidity Pension or Occupational Injury Benefit. If you work in the Public Service and pay PRSI at class B, C or D and you have to give up work because of ill-health, you can maintain your social insurance record by sending in medical certificates once a year. Contact the INOU for more information.

Pre-entry credits

are credited to a person's record when they first start paying PRSI.

Student credits

are awarded when a person re-enters full-time insurable employment after finishing school/college, subject to certain conditions.

The number of PRSI contributions required, both paid and credited, will vary according to the type of social insurance payment you apply for. Some social insurance payments only last for a fixed period - most are subject to tax (see Chapter 5).

Social insurance payments are not means tested for the person claiming. This means that your social insurance payment will not be affected by any savings or property that you may have. However, if you want to claim an increase for an adult or child dependant, your spouse/civil partner/cohabitant's means will determine whether or not you qualify for an increased payment.

Check with your local Social Welfare Office or the Department's Information Service, Tel: 1890 66 22 44, to see if you have the right amount of paid and credited contributions to qualify for different payments. Remember to have your PPS number ready when you make the call.

Last Updated: 08/09/2011 ^ back to top

The Department of Social Protection (DSP)

The Department of Social Protection (DSP) administers and manages the delivery of statutory and non-statutory social and family schemes and services in Ireland. Its main responsibility is to promote a caring society through income and other support services, enabling active participation in society, promoting social inclusion and supporting families. Social welfare payments can be summarised under four broad headings:

 

1. Social Insurance Payments

2. Social Assistance Payments

3. Health Board Payments

4. Universal Payments

 

1. Social Insurance Payments -

Jobseeker's Benefit (JB) - Illness Benefit (IB) - Occupational Injuries Benefit (OIB) - Maternity Benefit - Adoptive Benefit - Health and Safety Benefit - Invalidity Pension (IP) - State Pension (Transition) - State Contributory Pension - Widows/Widower's / Surviving Civil Partner's Contributory Pension - Treatment Benefit - Bereavement Grant - Guardian's Payment (Contributory) - Carer's Benefit

 

2. Social Assistance Payments -

Jobseeker's Allowance (JA) - Pre-Retirement Allowance (PRA) - One-Parent Family Payment (OPFP) - Disability Allowance (DA) - Carer's Allowance - Family Income Supplement (FIS) - Fuel Allowance - State Pension (Non-Contributory) - Widows/Widowers (Non-Contributory) Pension - Guardian's Payment (Non-Contributory) - Blind Person's Pension - Farm Assist

 

3. Health Service Executive Supports -

Supplementary Welfare Allowance (SWA) - Maternity Grant - Dental/Optical Scheme for Medical Card Holders - Medical Cards - Infectious Disease Maintenance Allowance

 

4. Universal Supports -

Child Benefit - Free Travel (aged 66 and over)

 

You have a legal right to receive these payments if you can meet the qualifying conditions and, where necessary, satisfy a means test.

Contact the INOU for more information on the payments listed. They will help you determine if you qualify for any of these payments and assist you in applying for them.

 

 

Last Updated: 05/10/2011 ^ back to top

Introduction

The Social Welfare system in Ireland has become more complex and complicated. In our work with affiliates and members of the public the INOU has found that many people are not aware of the full range of payments and supports available through the Department of Social Protection and the Health Service Executive (HSE). As a result many people do not access payments to which they may be entitled.

In this chapter we provide basic information about Social Welfare Payments - what payments are available, what your rights are, what you may be entitled to and how to get them, with more in-depth information about specific payments and issues in later chapters.

Last Updated: 21/07/2011 ^ back to top

Your Family and Social Welfare

The Irish Social Welfare system is organised around the family. If you qualify for a social welfare payment you get a payment for yourself, which is called the 'personal rate' of payment. You may also get extra payments for adult and child dependants - called Qualified Adult and Qualified Child payments.

Qualified Adult Dependant

A qualified adult is usually your spouse/civil partner/cohabitant. You can get an allowance for your spouse/civil partner/cohabitant once they are mainly or fully supported by you.

Benefit payments:

If your Qualified Adult is earning €310.00 gross (before tax) or less per week, they will be regarded as a qualified adult for payment. If a spouse/civil partner/cohabitant earns less than €100 gross per week then you are entitled to a full Qualified Adult increase. If they earn between €100.00 and €310.00 gross (before tax) per week a reduced qualified adult payment will be given. This applies to certain benefit payments only. -

Allowance Payments:

Allowance payments are means tested, and income from Qualified Adult is assessed. See Chapter 4 for more information.

You cannot claim for your spouse/civil partner/cohabitant as a qualified adult if they are: claiming a social welfare payment* or taking part in a non-craft full-time FÁS course or designated vocational training courses.

 

 

Individual Claims:

If a couple are living together and one person is claiming a social welfare payment it does not mean that the other person has to be a qualified adult. Each person can make a claim in their own right as long as they each satisfy the conditions of the scheme. However, when the couple's individual payments are added together the total amount cannot be more than the family rate entitlement due if only one person claimed for the family. For example, Jobseeker's Allowance allows both partners to sign-on as individuals if they are both Genuinely Seeking Work - see Genuinely Seeking Work in this chapter. Although the couple will not end up with any more money, they may have more options open to them if they are both registered as unemployed.

Separate Payments:

If you are a qualified adult and you feel that your spouse/civil partner/cohabitant is not making sufficient contribution towards your maintenance you can ask at the local Social Welfare office for "separate payments". The personal rate and qualified adult rate will be added together and then split evenly between you and your spouse/civil partner/cohabitant. The full rate of any Qualified Child payments on the claim may be given in full to one of the couple.

 

 

Qualified Child Dependants

You can also claim a payment for your child dependants. If you qualify for an adult dependant increase and your spouse/civil partner/cohabitant earns up to €310 you may qualify for a full child dependant increase. If your spouse/civil partner/cohabitant earns between €310 and €400, you may qualify for half the child dependant increase. There is no upper limit on the amount of earnings a Qualified Adult may have on Invalidity Pension. This applies to Jobseeker's Benefit, Occupational Injury Benefit and Disability Benefit (Incapacity Supplement). If you are the only adult in the family you will receive a full rate of payment for your child.

You can only claim for a Qualified Child dependant until they reach the age of 18 years if you are in receipt of: -

• Jobseeker's Allowance
• Jobseeker's Benefit
• Illness Benefit - Supplementary Welfare Allowance (SWA)

Child Dependants in Education:

You can apply for a Qualified Child payment for a child between 18 and 22 in full-time education, up to the end of the academic year in which they reach the age of 22. This applies to the following payments: -

• Long-term Jobseeker's Allowance (after 15 months)
• Deserted Wife's Benefit, or
• Any other long-term Social Welfare payment
• Short-term payments, after six months* receiving the payment

* The six month period may be reduced in cases where you received a previous qualifying Social Welfare payment.

 

Child Dependants - One Parent Families:

The Social Welfare (Miscellaneous Provisions) Act, 2010, which was enacted on 21 July 2010, provided for significant reforms to the One-Parent Family Payment (OPFP). These changes came into effect on 27 April 2011.

Under these new rules new claimants will only be paid for Child Dependants up to the age of 14. There will be no change for existing customers to their OFP entitlement for the years 2011 and 2012, provided that they continue to satisfy the conditions of payment. The age limit for receipt of payment will then reduce on an annual basis, to age 14 in 2016, as follows:

• From January 2013, payment will stop when the youngest child reaches 17 years of age. If the child is in full-time education, and aged between 17 and 22 years, payment will continue until the end of the 2012-2013 academic year.
• From January 2014, payment will stop when the youngest child reaches 16 years of age.
• From January 2015, payment will stop when the youngest child reaches 15 years of age.
• From January 2016 and beyond, payment will stop when the youngest child reaches 14 years of age.

School Leavers:

Young people who have just left school cannot sign-on for three months. In this case a family that is dependent on Social Welfare is entitled to continue to claim a Qualified Child payment until the young person can sign-on in their own right.

Last Updated: 08/09/2011 ^ back to top

The National Employment Action Plan (NEAP)

All unemployed people who reach the three-month threshold of unemployment should be referred from the Department of Social Protection (DSP) to FÁS to undertake an interview to assist them to identify a personal path to help them re-enter the labour market.

Through the interview process, the referral can be offered one of four options:

• A job
• A place on a training/education scheme
• A place on an employment scheme, work experience programme, high supports process etc.
• Referral to the Local Employment Service for more intensive guidance or counselling.

People who are registered with the Local Employment Service (LES) have the option of staying with LES.

If you are called for interview and have any questions or concerns about the process please contact the INOU on (01) 856 0088 for information.

The Interview Process under the NEAP:

• DSP will write to each person under the age of 65 on the live register advising them of a date and time for a scheduled interview with FÁS.
• If you don't turn up for interview, FÁS will inform the DSP. The DSP can respond by calling the unemployed person for interview at the Social Welfare office. If you cannot give a reasonable explanation for not turning up for the FÁS interview, your Social Welfare payment may be affected.
• If you go to the interview but do not take up the option proposed and drop out of the process, FÁS will inform the DSP through regular tracking reports and you may be recalled for an interview.

The Department of Social Protection (DSP) should never terminate your welfare payment simply as a result of your failure to attend a FÁS interview or your failure to take up one of the four options. The DSP must interview you themselves to establish your reasons.

Local Employment Service (LES)

• If you are having difficulty in finding work, you may be referred to the Local Employment Service for jobseeking advice and assistance.
• If you do not register with the LES, or drop out of LES mediation, the DSP will be informed. The DSP may call you for interview about your claim and your efforts to seek work.

As part of the increased activation role of the Department of Social Protection and a re-invigoration of the NEAP process a new community work placement scheme, Tús (see Chapter 4) will be rolled out with a maximum of 5,000 places. Unemployed people who are eligible for the scheme will be identified and contacted by their local social welfare office and offered a place. If the unemployed person takes the place their name will then be referred to their local development company who in turn will try and match up the person with a suitable job registered with them by local community and voluntary organisations.

If you experience any problems during the National Employment Action Plan (NEAP) process, please contact the INOU on (01) 856 0088 for assistance.

Breaking Your Claim

Holidays

Everyone in receipt of a jobseeker's payment is entitled to two weeks holidays per calendar year. You must inform the local exchange of when you plan to take holidays at least two weeks in advance. You will not receive your two weeks payment until after you return. -

Training Courses and Education

If you are in receipt of Jobseeker's Benefit and you take up an approved course of training or education, your 'claim' will be frozen at the point you enter the course. You will be able to claim the remaining period of entitlement to Jobseeker's Benefit, subject to satisfying the qualifying criteria, after the course is over. There are conditions/qualifications on this if the course is longer than one year.

For example, if you were in receipt of Jobseeker's Benefit for 6 months and qualified for an approved course of training or education your claim for Jobseekers Benefit would stop when you start the course. When you finish the course, you can continue your claim for Jobseeker's Benefit for the remaining 6 months of the maximum 12.

Collecting Your Payment

All new applications for Jobseeker's Benefit or Jobseeker's Allowance are paid through the Post Office. The payment is made using your Social Services 'swipe' card. You will be required to sign a receipt acknowledging you have received the payment and that you still meet the terms and conditions of that payment.

You must bring valid photographic identification with you to collect your payment. Staff working in the Post Office may ask to see your photo ID before giving you your payment.

The following is considered as valid photographic identification (photo ID): Driving licence, Passport, GNIB card (Garda National Immigration Bureau). EU/EEA nationals may use a National Identity Card.

As a general rule, the option of having your JA/JB payment paid into your bank account after 6 months is no longer available. However, a payment can only be changed from a post office payment to a bank account if there are particular circumstances preventing you from collecting your payment in the post office. This change is at the discretion of your local Social Welfare office.

What to do if your payment is stopped

On occasion Jobseeker's payments, or other Social Welfare payments, may be stopped at the point of payment in the post office, without receipt of prior notice or reason. If this happens you should:

• Confirm with the person in the post office that the payment has been officially stopped. Please note, the post office staff will not be able to make any other payment to you or provide any additional information about why your claim was stopped.
• Contact the relevant section in the Department of Social Protection (telephone: (01) 704 3000) to enquire why your payment has been stopped, ask if any letters informing you of the stoppage of payment were sent out to you and, if you did not receive such letter/notice, ask for a decision or reason in writing to be sent to you immediately. Depending on the reason given, you may need to seek to have a decision reviewed or to lodge an appeal to the Social Welfare Appeals Office - see Social Welfare Appeals at the end of this chapter.
• Apply to the Community Welfare Officer in the local Health Centre for an Exceptional or Urgent Needs payment (these are means tested) while you are attempting to resolve the issue. If it appears that the matter may take more than a week to resolve you may need to apply for a regular weekly Supplementary Welfare Allowance (SWA) payment from the Community Welfare Officer.
• Contact the INOU for information and assistance if your payment has been stopped or if you are having difficulties accessing a Supplementary Welfare Allowance payment from the Community Welfare Officer - telephone: (01) 856 0088 or through our website on www.inou.ie

Last Updated: 31/08/2011 ^ back to top