You are here: Home >> Case Studies >> Unemployment Cases >> Jobseekers Allowance - Formerly Unemployment Assistance 

Jobseekers Allowance - Case 2

Question At Issue:

Genuinely Seeking Work.

Background:

The appellant’s claim to Unemployment Assistance was disallowed. A Deciding Officer determined that he was not genuinely seeking work. The appellant was granted refugee status by the Department of Justice, Equality and Law Reform under the terms of the 1951 United Nations Convention relating to the status of refugees, as amended by the 1967 New York Protocol, and as defined in the Refugee Act, 1996.

Oral Hearing:

The appellant was accompanied by a relative who acted as interpreter. An assessor from each of the employer’s and the employee’s panel was invited to attend, but neither was present. The appellant consented to the hearing proceeding in their absence.

The appellant stated that he was attending classes in order to improve his English. He gave the Appeals Officer a letter from a training/educational agency, confirming that he was attending full-time general English classes arranged by the agency with the approval of the Department of Education and Science.

The appellant reported that he was attending classes on five days per week, and that he considered he was making progress although it was a slow process. In his written submission of appeal, the appellant had indicated that he had missed some classes due to illness in his family, and the Appeals Officer asked about his current situation. He outlined the difficulties he had experienced, which were short-term in nature and arose following the birth of a baby. He reported that the problem had been resolved and that he had returned to his classes.

The Appeals Officer explained the qualifying conditions for receipt of Unemployment Assistance, and advised the appellant of the importance of continued attendance at classes in order to improve his English, and enhance his work prospects.

Consideration of the Appeals Officer:

The Appeals Officer noted the evidence concerning the appellant’s attendance at full time classes provided. She was satisfied that his participation in the training programme constituted a reasonable step which offered him the best prospects of obtaining employment, in line with the statutory qualifying condition for receipt of Unemployment Assistance. She concluded, therefore, that the appellant might be regarded as genuinely seeking work, and that his appeal should succeed

Outcome:

Appeal allowed.

End of Document