Decision not to pay Job Seeker's Benefit reversed

The complaint

One of the conditions for receipt of Jobseeker’s Benefit (JB) is that an applicant must have suffered a substantial loss of employment.

Ms A made a complaint to the Ombudsman regarding the Department of Social Protection’s refusal to allow her JB claim on the grounds that there had been no substantial loss of employment.  The Department’s decision was upheld by the Social Welfare Appeals Office (SWAO). 

Background to the complaint

Ms A had worked for her father's company since finishing school. In 2006/07 she took a year out to travel to Australia.  When she returned in November 2007 she resumed work in the same company on a 5.5 day week.

In May 2009 Ms A and other company employees were put on a three day week.  She applied for JB but was refused as she did not have sufficient contributions in 2007 to qualify for payment. Ms A was advised that she could reapply for JB in 2010.  When she reapplied she was refused because there was no change in her income from the previous year.  She accepted she did not have enough contributions to qualify for JB in 2009. She considered, however, that the Department's decision to refuse her JB application for 2010 was unreasonable.  In her view there had been a substantial loss of employment.  Her desired level of employment was a 5.5 day week.  She contacted the Ombudsman as she felt that if she was refused JB again she would have no option but to walk away from an already struggling family business.

My examination

The Ombudsman wrote to the SWAO and asked it to consider Ms A’s pattern of employment between November 2007 (when she was working full-time) and her initial claim in May 2009.  This showed that she had lost two days employment.  SWAO was asked if it would consider using this representative period for the purposes of deciding Ms A’s 2010 JB claim (which it is allowed to do under JB Guidelines.)

Outcome

SWAO reconsidered its decision.  SWAO was satisfied that the period from November 2007 to May 2009 showed a reduction in the number of days worked from 5.5 days to 3 and, therefore, fulfilled the substantial loss of employment condition.  As a result Ms A was awarded JB for two days per week.  She also received €8,118 arrears of JB.