Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 24: To ask the Minister for Social Protection the steps she will take to rectify the anomalous situation whereby the spouses of persons in receipt of disability allowance are not allowed to avail of community employment but rather they must apply for a separate payment in their own right and wait a year before they can qualify for a CE place, in view of the fact that no recognition of their period of unemployment is given if their spouse was claiming for them [6016/11]

Joan Burton (Dublin West, Labour)
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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.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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This is a strange situation because if the qualified adult dependent claimed in his or her own right, the State would probably incur greater costs in the longer term. I am trying to get recognition for qualified adult dependents. The number of people who would avail of opportunities for retraining or community employment is not large. I ask the Minister to investigate whether it is possible to change the rules on spousal swaps for those on disability allowances or qualified adult dependents who are stuck in this situation or at least alter the qualifying criteria for community employment schemes so that qualified spouses can take up places even where they have no time in their own right.

Joan Burton (Dublin West, Labour)
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Disability allowance is a means tested payment for people with specified disabilities whose incomes fall below certain limits and who are between 16 and 66 years of age. Eligibility is subject to a medical examination and a means test. Under the community employment eligibility criteria, adult dependents of persons in receipt of disability allowances are not considered eligible unless they qualify in their own right. This rationale is based on the fact that the eligibility of the disability claimant is specifically linked to his or her physical or other disability and, therefore, is not transferable under the other rules to a dependent spouse, partner or cohabitant.

The circumstances giving rise to eligibility for disability allowances are considered to be significantly different to those of persons in receipt of jobseeker's benefit, jobseeker's allowance and farm assist, in which regard swaps are facilitated. I undertake to review the matter and will ask my officials to examine it in the context of the announcements we hope to make in respect of the jobs budget.