Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

311. To ask the Minister for Employment Affairs and Social Protection if she will review a case (details supplied); if she will provide advice on same; and if she will make a statement on the matter. [5504/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Illness benefit is a weekly payment that a person may get if they cannot work because they are sick or ill. To qualify for illness benefit a person must meet the scheme's qualifying conditions, in particular, that they have paid a specific number of social insurance contributions within relevant tax years under PRSI classes A, E, H or P.

The details supplied with the Deputy's question indicate that the person concerned has made voluntary contributions since 2018. Voluntary contributions ensure continuity of social insurance (for pension purposes only) during periods where former contributors are no longer insured as employed or self-employed persons and are not in receipt of credited employment contributions. They do not provide for entitlement for illness benefit.

From the supporting information provided it may be the case that this person is working for her husband's solicitors firm which operates under a sole trading status. Since 2014, certain spouses and civil partners of self-employed sole traders can pay PRSI and therefore establish entitlements to certain benefits in their own right. People affected by this change are people who work in their self-employed spouse or civil partner’s business doing similar or ancillary (supporting) tasks but who are not business partners or employees. The €5,000 income threshold applies to these spouses or civil partners in the same way as other self-employed people under PRSI class S. Once this threshold is met, such spouses or civil partners are covered for all the benefits under PRSI class S. These include State pension (contributory), widow's, widower's or surviving civil partner's pension (contributory), guardian’s payment (contributory), benefit for 65-year-olds, maternity, adoptive and paternity benefits, treatment benefits, invalidity pension, partial capacity benefit if in receipt of invalidity pension, jobseeker’s benefit (self-employed) and parent’s benefit. However, PRSI contributions under class S do not provide entitlement for illness benefit.

With regard to additional supports, my Department also provides an additional needs payment under the supplementary welfare allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

The payment is available to anyone who needs it and qualifies, whether the person is currently on a social welfare payment or in employment. The payment amount will depend on a person’s weekly household income, their outgoings and the type of assistance needed. Payments are made at the discretion of the local Community Welfare Officers administering the scheme, considering all the circumstances of the case.

I trust this clarifies the matter for the Deputy.

Neasa Hourigan (Dublin Central, Green Party)
Link to this: Individually | In context | Oireachtas source

312. To ask the Minister for Employment Affairs and Social Protection her plans to reassess the criteria around the duration a person can be in receipt of partial capacity benefit, in the case of both someone moving from illness benefit and someone moving from an invalidity pension; and if she will make a statement on the matter. [5541/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My Department provides income supports for those unable to work due to illness or disability, both social insurance and means tested schemes. There are a range of schemes available to people who make Pay Related Social Insurance (PRSI) contributions.

Invalidity Pension is a social insurance payment for people who are deemed permanently incapable of work due to a long-term illness or disability. Illness Benefit is the primary income support payment for people who are unable to attend work due to illness, and who have made the necessary PRSI contributions.

Partial Capacity Benefit is a scheme which extends the Illness Benefit and Invalidity Pension schemes to recognise and respond to the reality that some people in receipt of these payments have a capacity to engage in open market employment while continuing to need to receive some income support from the State. People in receipt of Invalidity Pension or Illness Benefit (the latter for a minimum of 26 weeks) who wish to return to work are eligible for Partial Capacity Benefit if their capacity for work is reduced as a result of their medical condition.

The personal rate of payment of Partial Capacity Benefit is based on a medical assessment of a person’s restriction regarding their capacity for work. After the medical assessment, if a person's disability is rated as moderate, severe or profound their payment continues at 50%, 75% or 100% per cent of their existing rate, respectively. If assessed as mild they will not qualify for Partial Capacity Benefit. The duration that a person can be in receipt of Partial Capacity Benefit is linked to the payment they moved from. For someone moving from Illness Benefit, the maximum duration is two years (less the 26 weeks required to be eligible). In the case of Invalidity Pension, a maximum duration of 3 years applies.

Partial Capacity Benefit has been designed so there are no restrictions or limits on earnings from employment or on the number of hours a person can work.

The Green Paper on Disability Reform addresses my department’s commitment under the Roadmap for Social Inclusion to develop and consult on proposals to restructure long-term disability payments and to simplify the system. Any changes to existing income or employment supports will be considered within the context of the Green Paper.

I encourage all those with an interest in disability supports to express their views in our public consultation by making a submission in writing or by video. It is essential that we hear from as many disabled people and representatives as possible. I have extended the consultation period until 15 March 2024 to ensure everyone has adequate time to make a submission.

I trust this clarifies the matter for the Deputy.