Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 465: To ask the Minister for Social and Family Affairs the entitlements and benefits a person has, who is now in a position where they are unable to work due to a long-standing medical condition and where they would have paid PAYE for approximately 15 years before embarking upon self employment for the past six to seven years; and if she will make a statement on the matter. [37542/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

A person who is self employed normally pays a PRSI Class S contribution rate. This entitles such a person to limited benefits such as Widow's or Widowers Contributory Pension, Guardians Payment (Contributory), State Pension (Contributory), Maternity Benefit, Adoptive Benefit and a Bereavement Grant. From the information provided the person concerned may have an entitlement to Disability Allowance as the person has a long-standing medical condition. Disability Allowance is a weekly allowance paid to people with a specified disability who are aged 16 or over and under age 66.

This disability must be expected to last for at least one year and is subject to a medical examination, a means test and a habitual residency test. If the Deputy provides details of the person concerned, a Disability Allowance application form will be forwarded to the person. The application form can also be downloaded from the Department's website at www.welfare.ie. When the completed form is received the person's entitlement to Disability Allowance will be investigated and the person will be notified of the decision in due course. If the person satisfies the conditions for receipt of Disability Allowance they will have an entitlement to Free Travel. They may, subject to certain conditions, also have an entitlement to a Free Fuel allowance, a Living Alone allowance, a Television Licence and an Electricity and Telephone allowance. It is open to the person concerned to contact his local Community Welfare Officer in the Health Service Executive, if the person is currently without an income, and the Officer will examine the person's entitlement to a Supplementary Welfare Payment. If the person is subsequently awarded a Disability Allowance the payment of Supplementary Welfare Allowance, if awarded, will cease.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 466: To ask the Minister for Social and Family Affairs if her Department will consider an application from a person (details supplied) in Dublin 22 for guardian's payment; and if she will make a statement on the matter. [37545/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The Guardians' payment schemes allow for the provision of a weekly allowance to a guardian of a child who has either been orphaned or whose parents have abandoned and failed to provide for the child. The person concerned applied for a Guardian's Contributory Payment in May this year. As the evidence supplied did not support abandonment of the child by her mother, it was decided that she was not entitled to this payment and the decision was notified to the applicant earlier this month.

A parent's committal to prison alone is not considered a sufficient qualifying criterion to satisfy the legislative definition of orphan. Each case is decided based on the individual circumstances. Factors such as the length of incarceration, the previous and continuing level of contact with the child and the level of the parents' involvement in the welfare of the child are among the factors taken into account in determining if the legislative provision relating to abandonment and failure to provide is satisfied. This case is currently the subject of an appeal to the Social Welfare Appeals Office. Where a child whose parent has been incarcerated is cared for by a person who is in receipt of a social welfare payment (other than a Guardian's payment), an increase for a qualified child may be payable for the child. An application form for an increase for a qualified child will issue shortly.