Written answers

Tuesday, 9 February 2010

Department of Social and Family Affairs

Employment Support Services

9:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 447: To ask the Minister for Social and Family Affairs the assistance available to self-employed persons who are struggling yet wish to continue in self-employment due to future contract plans; and if she will make a statement on the matter. [6301/10]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The supplementary welfare allowance (SWA) scheme is administered on behalf of the department by the community welfare division of the Health Service Executive (HSE). A person may qualify for basic supplementary welfare allowance

if s/he is living in the State;

satisfies a means test;

has applied for any other benefit or allowances s/he may be entitled to, for example, one-parent family payment, jobseeker's allowance;

has registered for work with FÁS if s/he are of working age;

satisfies the habitual residence condition (HRC).

A person will not normally qualify for Supplementary Welfare Allowance if they are:

in full time education;

in full time work , that is working for more than 30 hours per week;

involved in a trade dispute.

Claims under the Supplementary Welfare Allowance (SWA) scheme, which includes the Mortgage Interest Supplement Scheme, are dealt with by the Community Welfare Service of the Health Service Executive. Each claim under the SWA scheme is decided by the Community Welfare Officer based on the particular circumstances of each case. A person who is not satisfied with the decision of the Community Welfare Officer can appeal the decision to the HSE Appeals Office. The person, if not satisfied with the decision of the HSE Appeals Office may make a further appeal to the Social Welfare Appeals Office in most instances.

In relation to jobseekers allowance a self-employed person is not required to cease trading before they can qualify for jobseekers allowance. A self-employed person can apply for Jobseekers Allowance if their business ceases or if their income falls as a result of a downturn in demand for their services. Jobseekers allowance is a means-tested payment and any person who satisfies the means test and the other conditions of entitlement will qualify for a payment. As with claims under the Supplementary Welfare Allowance scheme it is open to an individual, if he or she is dissatisfied with a decision made on their jobseekers allowance claim to appeal the decision. In the case of jobseekers allowance claims, the appeal can be made to the Social Welfare Appeals Office.

Family income supplement (FIS) is designed to provide income support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were unemployed and claiming other social welfare payments. Self employed people do not qualify for FIS. Any extension of FIS to other categories of persons such as self-employed persons would have to be considered in a budgetary context. There are no plans for such an extension in present circumstances.

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