This case featured in the Ombudsman's Annual Report for 2012
Background
Jobseeker’s Benefit may be transferred to another European Economic Area (EEA) member state for up to 13 weeks, if a person is looking for work there. A person is required to register within a week with the employment services of the country where they have relocated. Another stipulation is that the person must take a ‘Form U2’ to the social services of the country they are travelling to. The ‘Form U2’ is completed by the local Irish Social Welfare office.
A man was in receipt of Jobseeker’s Benefit when his wife was offered a choice of jobs in Guernsey (Channel Islands) or Luxembourg. At the time they were both unemployed with two young children and were deciding which job to take. The man called into his local Social Welfare office to enquire about payment of his Jobseeker’s Benefit and was advised that he would continue to receive 13 weeks’ payment whether he moved to Guernsey or Luxembourg. This was also confirmed by the Social Welfare Client Eligibility Services. The family decided to move to Guernsey on the understanding that the Jobseeker’s Benefit would continue to be paid.
However, Guernsey is not part of the EEA (neither is it part of the EU or the UK). Therefore, this arrangement does not apply to Irish people moving to Guernsey. Irish people moving to Luxembourg do qualify.
The ‘Form U2’ was completed by the Department of Social Protection and given to the man. When he presented the form to the Social Security Office in Guernsey, that Office referred the matter back to the Department of Social Protection advising that it could not process the payment. At this stage, it was too late for the family to re-locate back to Ireland. In the meantime, this young family had no income until such time as the mother received her first pay packet - six weeks after arriving in Guernsey, which was two weeks before Christmas.
The Department wrote to the man informing him that an error was made in the completion of the form. The Department apologised for any inconvenience but informed the complainant that it would not be in a position to make a payment of Jobseekers Benefit while he was resident in Guernsey. As the man was unhappy with the Department’s response he made a complaint to me.
Examination
From my examination of the case, it was clear that, prior to deciding to relocate his family to either Guernsey or Luxembourg, the man was given the wrong advice from two different and authoritative sources in the Department of Social Protection. In addition, the ‘Form U2’ stated that:
“The holder is entitled to unemployment benefit from the office issuing this document from 9 November 2011 to 7 February 2012 or for a maximum of 78 days.”
It was clear to me that the man and his family had suffered as a result of relying on the information which was given to him - both verbally and in writing. I was satisfied that the man had acted in good faith in re-locating his family to Guernsey, rather than Luxembourg, in the assured belief that he would receive Jobseeker’s Benefit. Accordingly, I asked the Department to review the handling of the case and to consider the question of redress.
Outcome
I am pleased to say that the Department reviewed the case and apologised. The Department also offered an ex-gratia payment of €1,000 to the man by way of redress. This offer was acceptable to the family.