# leaving and job and claiming unempoyment benifit



## ice (19 Apr 2006)

Hi 

What is the situation with leaving your job voluntarily and then claiming unemployment benefit ?

I see from Oasis that you can be denied for up to 9 weeks if you a job left without reason.

Do they look for proof that you didn't leave voluntarily and would the fact that a job was not the right fit (lots of stress etc) be enough reason to leave ?


----------



## Berni (19 Apr 2006)

When you go to claim, you will be asked why you left.  You make your case then, and it will be up to the Deciding officer to set the period of disqualification, based on what you've told them.  
Bear in mind that they may contact your ex employer for their side of it, so its best to be honest.


----------



## ice (19 Apr 2006)

thanks for that berni...just wanted to know who it works


----------



## ClubMan (26 Apr 2006)

ice said:
			
		

> Do they look for proof that you didn't leave voluntarily and would the fact that a job was not the right fit (lots of stress etc) be enough reason to leave ?


If you had to cease employment due to medical advice then you may qualify for Disability Benefit/Allowance.


----------



## bond-007 (27 Apr 2006)

Berni said:
			
		

> When you go to claim, you will be asked why you left.  You make your case then, and it will be up to the Deciding officer to set the period of disqualification, based on what you've told them.
> Bear in mind that they may contact your ex employer for their side of it, so its best to be honest.


They will always contact the employer and *will always* side with them and they will disqualify for 9 weeks. Its then up to you to appeal your case, which takes 6 months to get to a hearing. 

The DSFA are not interested in why or your reasons for leaving, just the fact did you leave yourself or were you let go.


----------



## Murt10 (27 Apr 2006)

bond-007 said:
			
		

> They will always contact the employer and *will always* side with them and they will disqualify for 9 weeks. Its then up to you to appeal your case, which takes 6 months to get to a hearing.
> 
> The DSFA are not interested in why or your reasons for leaving, just the fact did you leave yourself or were you let go.





That's a bit OTT. They can disqualify you for UP to 9 weeks. They won't  necessarily side with your employer.There are just as many bad employers out there as bad employees. They will take into account your reasons for leaving. if someone is unable to continue work because of the stress involved this could be considered a good reason for leaving

Have a look at part 4 of the attached link.

http://www.welfare.ie/foi/ub_unempben.html


Murt


----------



## bond-007 (27 Apr 2006)

I speak from personal experiences Murt10. I spoke to the person in the dept about it and was told that they always take the employers word over a claimant (the employer will just lie anyways) and that you must appeal to get back the period of no benefit.


----------



## Kiddo (3 May 2006)

I left my job last week. I signed on today and was asked why I left. I told her why...job turned out not to be the job described in the interview and staying there would make it more difficult to move. She gave me a form to fill in to prove I am seeking work and she told me that I would get a letter letting me know when my money would be lodged to my account and when I next needed to sign on. 

Its my first time signing on since I was in college..about 15 years ago, so this is all pretty new to me. She didn't mention anything about 9 week disqualification. Am I safe to assume I will get my benefit straight away?


----------



## bond-007 (3 May 2006)

No. Your application has to be decided upon by a deciding officier before you will get anything. You will receive a written decision detailing how much you are entitled to and period of disqualication if any. They will now write to the employer for their side. The whole thing could take 5-6 weeks depending on how fast the employer is in writing back.

In the meantime get yourself to your local Community welfare officer to claim supplementry welfare allowance so you will have money until a decision is finally made.


----------



## c1aro (3 May 2006)

I finished work in recently (having been 19 years in same job).  I had been requesting part-time for the past year and was refused.  It was my decision to leave.  I did apply for one part-time job (which I didn't get) job spec sounded very similar to what I was doing but I kind of grew into my job without qualifications and new job would have been looking for them.  Have not gone for anything else as was a bit deflated.  Haven't approached SW yet - as reading some previous posts I didn't think I was entitled to anything as I had given up work voluntarily.

Some of my former workmates have said that I should be signing on regardless to keep up my stamps for pension purposes.  Have to say I don't understand this.  I would have thought having been working since 1979 that I would have accumulated enough stamps to ensure a government pension.  Can someone explain it to me. 

Also, I have heard if I don't return to work straight away (say take the rest of the Summer off or even longer, that I may be entitled to join back to work schemes run by Fas.  Is this true.  

Am at a bit of a crossroads at the moment and would like to know what options are open to me.

Thanks.


----------



## Kiddo (4 May 2006)

bond-007 said:
			
		

> In the meantime get yourself to your local Community welfare officer to claim supplementry welfare allowance so you will have money until a decision is finally made.


 
Thanks Bond, but having checked out the Oasis site the Supplementry welfare allowance is means tested. So based on my husbands earnings there's not a hope of me being entitled to anything. 

To be honest I reckon they will disallow Unemployment benefit for the full nine weeks too..if I'm even unemployed for that length of time. Just goes to show that paying a fortune in tax every year entitles you to nothing really


----------



## Kiddo (4 May 2006)

c1aro said:
			
		

> I finished work in recently (having been 19 years in same job). I had been requesting part-time for the past year and was refused. It was my decision to leave. I did apply for one part-time job (which I didn't get) job spec sounded very similar to what I was doing but I kind of grew into my job without qualifications and new job would have been looking for them. Have not gone for anything else as was a bit deflated. Haven't approached SW yet - as reading some previous posts I didn't think I was entitled to anything as I had given up work voluntarily.
> 
> Some of my former workmates have said that I should be signing on regardless to keep up my stamps for pension purposes. Have to say I don't understand this. I would have thought having been working since 1979 that I would have accumulated enough stamps to ensure a government pension. Can someone explain it to me.
> 
> ...


 
It was always my understanding that even though you might not be entitled to UB signing on keeps up your credits. http://www.inou.ie/download/pdf/welfarerts_leaflet_feb05.pdf

If I was you I would definatly sign on. I don't know anything about FAS but check out their website for more information

http://www.fas.ie/


----------



## dublady (4 May 2006)

Kiddo said:
			
		

> It was always my understanding that even though you might not be entitled to UB signing on keeps up your credits. http://www.inou.ie/download/pdf/welfarerts_leaflet_feb05.pdf


 
The INOU leaflet is incorrect. 

In order to be entitled to Unemployment Credits, a person must be available for full-time employment, capable of work and must also be genuinely seeking work. The additional requirement to be genuinely seeking work for the award of credits while unemployed is effective from 27 August 2003. This is taken from the welfare.ie website. 

http://www.welfare.ie/foi/creditsaward.html#4


----------



## colc1 (4 May 2006)

c1aro said:
			
		

> - as reading some previous posts I didn't think I was entitled to anything as I had given up work voluntarily.
> 
> Some of my former workmates have said that I should be signing on regardless to keep up my stamps for pension purposes.
> 
> ...


 
On your first point I was never asked a few years back whether I resigned or was let go by my job and I stil got UB though it took a good while to get it! (they always treated me with a lack of respect in this particular south dublin office and other people say the same!

2. I dont know about the stamps

3. I dont know either but I imagine you would only have to be out of work a few months at most to get on these schemes surely the Government wants you to work!


----------



## ClubMan (4 May 2006)

Kiddo said:
			
		

> Just goes to show that paying a fortune in tax every year entitles you to nothing really


Actually it's _PRSI _in this case and it does entitle you to certain benefits if you meet the relevant qualification criteria. If you don't and meet the means test criteria then you can qualify for certain welfare allowance rather than (_PRSI_ linked) benefit payments.


----------



## Kiddo (15 May 2006)

bond-007 said:
			
		

> They will always contact the employer and *will always* side with them and they will disqualify for 9 weeks. Its then up to you to appeal your case, which takes 6 months to get to a hearing.
> 
> The DSFA are not interested in why or your reasons for leaving, just the fact did you leave yourself or were you let go.


 
Just to update.. I received a letter from DFSA this morning. Full UB granted and no disqualification period in my case...and all done and dusted in less than two weeks.


----------



## bond-007 (15 May 2006)

Well done! 

I reckon you had a nice deciding officer that didn't bother contacting the employer.


----------



## ClubMan (15 May 2006)

Any chance they grant by default and then follow matters up with the employer?


----------



## bond-007 (15 May 2006)

I don't think so Clubman. In my case they left me for 6 weeks with no benefit before deciding my case. In the meantime I had to claim supplementry welfare allowance from the health board. 

In the end they decided to disqualify me for 6 weeks backdated to date of claim and pay fully thereafter. An appeal would have been pointless as if it was sucessful the amount involved would simply be lost to the health board as they recoup the SWA paid. As i was awarded no UB for those weeks on SWA the health board could not recoup anything.


----------



## Kiddo (15 May 2006)

bond-007 said:
			
		

> Well done!
> 
> I reckon you had a nice deciding officer that didn't bother contacting the employer.


 
Maybe so. I haven't heard from my previous employer and he's the type that would ring to say he sent the form back. My theory is they looked at how much I earn and realised that unemployement won't be a career choice for me...UB doesn't even cover my half of our mortgage


----------



## Kiddo (15 May 2006)

ClubMan said:
			
		

> Any chance they grant by default and then follow matters up with the employer?


 
I doubt it. The system, as Bond pointed out in an earlier posting, involves a means tested claim being made from the local Welfare officer while the DFSA deal with the claim.  They would hardly give it and then try to take it back. How would that work?


Looks like I





> meet the relevant qualification criteria.


----------

