Joan Burton (Dublin West, Labour)

The Deputy will be aware that an unemployed person who qualifies for the community employment programme under jobseeker's allowance, jobseeker's benefit or farm assist but who does not wish take up an offer may be able to transfer the eligibility to his or her spouse. In this regard, qualified adult dependants aged 25 and over of eligible persons may avail of the spousal swap option. This involves the person exchanging his or her community employment place with his or her dependant, who will inherit the age and entitlements of the eligible person. This ensures that there is no loss incurred in their relative entitlements as a result of the exchange.

Under the current means by which the eligibility criteria for community employment are implemented, the position outlined for spousal swaps differs for disability allowance. This relates to the intrinsic link between the disability payment and the claimant. It is also unlikely that any financial advantage would result for a claimant in receipt of disability allowance as the earnings disregard would not be applied to his or her spouse's income given that the rehabilitative nature of the employment can only apply to the claimant. Under community employment eligibility criteria it is a matter of policy that adult dependants of persons with a disability are not eligible unless they become eligible in their own right, as is also the case for all other eligible categories. This generally means a 12 month period in receipt of a qualifying payment.

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