JSA taking forever, so applied for SWA and not eligible?

Flimsy_Boat

Hello,

I am a mature student eligible for JSA (not the COVID unemployment payment). The online application took two months to be looked at, so I submitted a paper application 30 days ago. Apparently the paper application is now lost.

The online application finally went to pending status last week. As it is so recent, social welfare says 'wait for it to be processed.' That's fine, I'm waiting, but I am out of work and struggling badly. My job lined up for the summer is non-existent now. So I applied for supplementary welfare allowance while my jobseekers claim is 'pending.'

Social welfare rang to say as I am a full-time student during the year without any BTEA payments, I am not eligible for supplementary welfare. I said okay, thanks but what do I do now? Is there some kind of emergency payment I can apply for instead? The welfare officer spoke over me and basically said to "wait 2 days while they look into it but you are probably not eligible." I haven't a clue what they are doing, can anyone shed any light? Is there something else I can do while I wait indefinitely for my jobseekers claim to be processed? They aren't answering the phone at my local office during their limited opening hours (Cork). I'd be very thankful for any help!

splinter65

Are you available to take up full time employment immediately or will you be returning to full time education when 3rd level is open?

Flimsy_Boat

splinter65 wrote: »

Are you available to take up full time employment immediately or will you be returning to full time education when 3rd level is open?

Yes, immediate full time employment until September when college reopens.

It is my understanding that mature full time students are eligible over summer months. However my experience with the supplementary welfare side of things has shown there is a caveat - one must have already been on a scheme to be eligible.

lughildanach

Don't take their phone advice. Make a formal application for SWA, and insist on a written decision. Youwill often find that social welfare officials will give lazy advice over the phone or the counter, none of which they will admit giving later on. If they have to put it in writing, with their name on the letter, they are usually more careful, and can be appealed to the Appeals Office if necessary.

Mature students are not covered by the student disqualification outside of term time, and there is an exceptional circumstances clause in the SWA legislation that allows them to pay it even during term time, if you can make a case for it.

Flimsy_Boat

lughildanach wrote: »

Don't take their phone advice. Make a formal application for SWA, and insist on a written decision. Youwill often find that social welfare officials will give lazy advice over the phone or the counter, none of which they will admit giving later on. If they have to put it in writing, with their name on the letter, they are usually more careful, and can be appealed to the Appeals Office if necessary.

Mature students are not covered by the student disqualification outside of term time, and there is an exceptional circumstances clause in the SWA legislation that allows them to pay it even during term time, if you can make a case for it.

Thank you for your advice. I receieved a written denial for the reason that I am a student. I am now starting an appeal.

lughildanach

Flimsy_Boat wrote: »

Thank you for your advice. I receieved a written denial for the reason that I am a student. I am now starting an appeal.

For your reference, the disqualification of full-time students for SWA is found is section 190 of the Social Welfare Act 2005 http://www.irishstatutebook.ie/eli/2005/act/26/enacted/en/print#sec190

You will see that in this section, there is reference to section 148, which is the provisions regarding Jobseekers Allowance. Basically, it is saying that those full-time students who are disqualified for JSA are disqualified for SWA, although it is subject to any Regulations that are made.

On the face of it, section 148 disqualifies students during the break between academic years.

However, there is a further provision in the Social Welfare Regulations 2007 -http://www.irishstatutebook.ie/eli/2007/si/142/made/en/print

Check Regulation 121, which states that mature students are not included in the disqualification.

Just because the disqualification does not apply to you however does not mean you automatically will qualify. You will also have to show that you are available for full-time employment, although if you have no classes and are genuinely seeking work, then you should be able to meet those conditions.

Flimsy_Boat

lughildanach wrote: »

For your reference, the disqualification of full-time students for SWA is found is section 190 of the Social Welfare Act 2005 http://www.irishstatutebook.ie/eli/2005/act/26/enacted/en/print#sec190

You will see that in this section, there is reference to section 148, which is the provisions regarding Jobseekers Allowance. Basically, it is saying that those full-time students who are disqualified for JSA are disqualified for SWA, although it is subject to any Regulations that are made.

On the face of it, section 148 disqualifies students during the break between academic years.

However, there is a further provision in the Social Welfare Regulations 2007 -http://www.irishstatutebook.ie/eli/2007/si/142/made/en/print

Check Regulation 121, which states that mature students are not included in the disqualification.

Just because the disqualification does not apply to you however does not mean you automatically will qualify. You will also have to show that you are available for full-time employment, although if you have no classes and are genuinely seeking work, then you should be able to meet those conditions.

Your help has been so valuable! I have submitted the appeal citing these sections. Thank you.