The legal rights organisation FLAC has said the Government's rules on Pandemic Unemployment Payment (PUP) claimants and travelling abroad are not legal.
Chief Executive of the organisation, Eilis Barry said she has written to Minister for Social Protection, Heather Humphreys to outline that there is no clear legal basis to sanction those claiming the payment, for holidaying abroad.
In a statement, Ms Barry said FLAC had been contacted by a number of individuals and NGOs in relation to the issue.
She said their legal team, led by FLAC's Managing Solicitor, Sinead Lucey, had examined the relevant legislative provisions including a departmental circular allowing the suspension of certain social welfare payments in circumstances where a claimant leaves the state.
Ms Barry said their assessment of the department's policy, based on the circular was that while the legislation may allow for the suspension in relation to Jobseekers' benefit, it did not allow the department sweeping powers to suspend or close other payments including the Covid PUP.
She said any decision by the department to suspend those other payments to Irish residents who take holidays abroad, would be open to challenge she said.
Ms Barry also said the department's policy also implied that those self-isolating after returning from abroad were not entitled to payments because they were not available for work.
She said it was questionable whether such an obligation existed in relation to the Covid PUP.
And she said it was doubtful that all social welfare claimants who followed the advice to self-isolate could automatically be deemed not to be seeking work or to be unavailable for work.
She said FLAC wanted the Minister to withdraw the circular immediately, suspend the policy and ensure claimants were not sanctioned financially in relation to holidays outside the State.
FLAC also want any claimants already penalised by this rule to have their claim reinstated and backdated as a matter of urgency.
