Jim O'Keeffe (Cork South West, Fine Gael)
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Question 250: To ask the Minister for Social and Family Affairs the circumstances in which an exemption from rule five can be obtained by a person immediately after they are in receipt of disability benefit; and if such an exemption can be obtained without having to wait for the six month period, where there is strong medical evidence in support. [43236/06]

Séamus Brennan (Dublin South, Fianna Fail)
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A person who is paid Illness Benefit is required to comply with "Rules of Behaviour" specified in regulations. These "Rules of Behaviour" ensure that Illness Benefit is paid only to people who are unable to work because of illness or disability. The purpose of exemptions to the rules of behaviour is to allow a person to return to work on a part-time basis after a prolonged absence for rehabilitative and occupational therapeutive purposes with a view to equipping themselves to return to the workplace on a full-time basis.

I understand that the person to whom the Deputy refers wishes to seek an exemption to engage in part-time employment.

A customer who wishes to undertake part-time employment while claiming illness benefit must be in receipt of the benefit for at least six months before an application for an exemption can be considered. This is based on the advice of the Chief Medical Adviser that it is only after such a period that it would be apparent whether rehabilitation or work of a therapeutic nature would equip him/her to return to the work-place on a full-time basis.

The person concerned has only been in receipt of illness benefit since 13 November 2006 and therefore cannot be considered for an exemption from Rule 5 of the Rules of Behaviour to undertake part-time work at this time.