Job Seekers/Liquidation Query

[Bilzer19]

Hi,

I have recently been made redundant but have been retained by the liquidator on a part time basis in an advisory capicity. Most of this is done over the phone or by email answering any queries the liquidator might have.

I am also recieving Job Seekers Benifet. Although I am available for work should I advise the Social Welfare Office that I have a role and that I will be recieving a fee at some stage for the work I am doing and what effect will this have on my Job Seekers Benifet.

In addition to this I worked for the company for the last 2 week period but did not recieve any enumeration. My P45 was dated back to day I recieved my last wage, I therefore claimed Job Seekers Benifet back to this date. I also claimed the 2 weeks of unpaid work on my RP50 redundancy application. Have I proceeded correctly in this instance because in the event that I recieve payment for these 2 weeks from the insolveny fund, I will have recieved Job Seekers for this period also.

 

[Ildánach]

You should clarify with the liquidator the precise nature of your role. Is it as an employee? Is it on a self-employed basis? I would assume that it was as an employee, but you never know until you confirm this. And of course you will have to tell social welfare about this role, it may be that you are still employed and not entitled to a Jobseekers payment at all!!!!

As far as your RP50 is concerned, this is for redundancy, not for backpay. There is a separate claim for claiming backdated pay.

If the P45 was not accurate, and you have relied on this for making a social welfare claim, then you have not acted correct, as you were making a claim for a period when you were employed (even though you did not receive wages).

Social Welfare don't usually backdate claims for Jobseekers before the date of the claim (although they have the power to do this). Have you already got a decision on your claim? If so, then they will consider this an overpayment and ask for it back. If you go to them with teh information they are less likely to consider that you have committed a fraud, although this is also possible. If you haven't received a payment already you should let them know about your mistake.

Your action for those two weeks is of course against the employer for not paying you wages, not a social welfare claim. If your employer can't pay you, then you can make a claim to the Social Insurance Fund, the liquidator should keep you right.

What you probably should have done was to speak to your Community Welfare Officer about a payment for the weeks where you weren't getting paid, although its too late to do that now.