S.I. No. 137/1998 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Availability and Genuinely Seeking Employment Conditions) Regulations, 1998.

S.I. No. 137 of 1998.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 4) (AVAILABILITY AND GENUINELY SEEKING EMPLOYMENT CONDITIONS) REGULATIONS, 1998.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 and 42(4B) (inserted by section 30 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Availability and Genuinely Seeking Employment Conditions) Regulations, 1998.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998.

2 Definitions

2. In these Regulations "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994, ( S.I. No. 417 of 1994 ).

3 Unemployment benefit and assistance

3. The Principal Regulations are hereby amended by the insertion after article 8 of the following articles:

" Persons regarded as available for employment.

8A. (1) Subject to sub-article (2), a person shall, for the purposes of Chapter 9 of Part II and Chapter 2 of Part III, be regarded as being available for employment, if he or she can show to the satisfaction of the Minister, that he or she is willing and able, at once, to take up an offer of suitable full-time employment.

(2) A person shall not be regarded as being available for employment if he or she imposes unreasonable restrictions on—

(a) the nature of the employment,

(b) the hours of work,

(c) the rate of remuneration,

(d) the duration of the employment,

(e) the location of the employment, or

(f) other conditions of employment

he or she is prepared to accept.

(3) In determining what constitutes suitable full-time employment for the purposes of sub-article (1), regard shall be had to the following—

(a) the skills, qualifications and experience of the person concerned,

(b) the period for which the person has been unemployed, and

(c) the availability of employment vacancies within travelling distance from his or her residence.

Persons regarded as genuinely seeking employment.

8B. (1) For the purposes of Chapter 9 of Part II and Chapter 2 of Part III, a person shall be regarded as genuinely seeking employment if he or she can show, to the satisfaction of the Minister, that he or she has, in the relevant period, taken reasonable steps which offer him or her the best prospects of obtaining employment.

(2) For the purpose of sub-article (1) 'steps' shall include—

(a) applications for employment made to persons—

(i) who have advertised the availability of employment, or

(ii) who appear to be in a position to offer employment,

(b) seeking information on the availability of employment from—

(i) employers,

(ii) advertisements,

(iii) persons who have placed advertisements which indicate that employment is available, or

(iv) employment agencies,

(c) availing of reasonable opportunities for training which is suitable in his or her circumstances,

(d) acting on advice given by an officer of the Minister, An Foras Áiseanna Saothair or other placement service concerning the availability of employment, and

(e) taking steps towards establishing themselves in self-employment.

(3) For the purpose of this article, the taking of one step on a single occasion during the relevant period shall not be sufficient unless taking that step on that occasion, in that period, is all that is reasonable for the person concerned to do.

(4) In determining for the purposes of this article whether, in a relevant period, a person has taken the steps which are reasonable in his or her case, regard shall be had to his or her circumstances, including in particular—

(a) his or her skills, qualifications and experience,

(b) the steps which he or she has taken previously to seek employment,

(c) the availability and location of vacancies for employment,

(d) the duration of his or her period of unemployment, and

(e) his or her family circumstances.

(5) For the purposes of this article, 'relevant period' means the period in respect of which the person concerned has made a declaration in accordance with articles 34 and 70.".

4. The principal Regulations are hereby amended by the insertion in article 73 of the following sub-article:

"(5) The provisions of article 8A shall not apply to persons deemed to be available for employment under this article.".

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 30th day of April, 1998.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 1st day of May, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe detailed provisions on the requirements to be available for employment and to be genuinely seeking employment for the purposes of entitlement to Unemployment Benefit and Assistance.

In particular, they provide that a person will be regarded as being available for employment if s/he can show that s/he is willing and able at once to take up an offer of suitable full-time employment and does not impose unreasonable restrictions on the nature and terms and conditions of the employment.

A person will be regarded as genuinely seeking employment if s/he can demonstrate that s/he has taken reasonable steps which offer him or her the best prospects of obtaining employment. The steps set out in the Regulation provide for making applications for employment, seeking information on the availability of employment, availing of reasonable opportunities for training, acting on advice received concerning the availability of employment and taking steps towards establishing him/herself in self-employment.