Written answers

Tuesday, 19 October 2010

Department of Social and Family Affairs

Social Welfare Code

9:00 am

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 385: To ask the Minister for Social Protection the guidelines in place regarding a situation where a jobseeker refuses employment that would yield the same or lower net income than the net income enjoyed on welfare. [37327/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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In order to qualify for a jobseeker's payment, a person must satisfy certain conditions which include being available for and genuinely seeking work. If a customer fails or refuses to take up a reasonable offer of employment, he or she may be disqualified for payment for up to nine weeks.

In determining whether steps taken to seek employment have been reasonable, the Deciding Officer considers all the circumstances of the case including the nature and conditions of the employment sought, the individual circumstances of the customer and the local economic environment. Particular matters which must be taken into account are the person's skills, qualification and work experience, the period of unemployment, the efforts made in previous weeks to seek employment, the availability and location of job vacancies, and the person's family circumstances. While these conditions relate to the efforts made by customers to seek employment, they are also applied in determining whether a person has been made an offer of suitable employment.

There are a number of supports in place to assist people to move into employment. For example, the part-time job incentive scheme allows people who are long-term unemployed to take up part-time employment for less than 24 hours per week and receive a special weekly income supplement called the part-time job allowance. Participants in this scheme are expected to continue to make efforts to find full-time work.

Family income supplement (FIS) is a weekly tax-free payment for families at work on low pay. Persons on FIS may also qualify for the smokeless fuel payment and the back to school clothing and footwear allowance.

Revenue Job Assist is an additional tax allowance for people in Ireland who have been unemployed for 12 months or more and who are now returning to employment. An extra tax allowance can be claimed for each qualifying child. The tax allowance can be claimed for 3 tax years and may begin with either the tax year in which the employment commences or the following tax year.

In addition, various payments or supplements can be made to people in employment under the supplementary welfare allowance scheme, subject to certain conditions.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 387: To ask the Minister for Social Protection if he will provide information on the precise arrangements pertaining to welfare claimants who take up a community employment scheme; the welfare payments that are allowed to be retained in such a scenario and those that are not; and to provide details of any publications where the rules are set out in full [37354/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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If a person takes up a position on a community employment scheme, it can impact on his or her social welfare entitlement in different ways, as the conditions for receipt of social welfare payments vary across the schemes.

>Jobseeker's Allowance/Benefit

To qualify for jobseeker's allowance/benefit, a person must be unemployed, available for and genuinely seeking work. A person is disqualified from receiving jobseeker's allowance or benefit while employed under the community employment scheme.

>Farm Assist

A person is disqualified from receiving farm assist while employed under the community employment scheme.

>One Parent Family Payment

A person on a one parent family payment can take up employment on a community employment scheme and retain the one parent family payment. However, the income from the employment is subject to a means assessment. If the weekly income from employment is greater than the prescribed limit, currently €425 per week, the claim is disallowed. However, if the income from the employment is less than the prescribed limit, the weekly means from employment are assessed as follows: gross weekly income is calculated (less disregards for superannuation/PRSA contributions, PRSI, the income levy, and trade union subscriptions). A disregard of €146.50 is then applied and half of the balance is assessed as means. The means that are applicable are deducted from the one parent family payment that applies in each case. However, if the means of the customer are greater than the family rate, the claim is disallowed.

>Invalidity Pension

If a person is receiving invalidity pension, he or she must apply for an exemption to go on a community employment scheme. All first-time requests for exemptions to commence a community employment scheme are granted automatically. In all other cases, the application, together with a recommendation from the customer's doctor, and details of the proposed training/work are forwarded to a medical assessor of the department. The application is assessed and if the CE scheme is considered to have a rehabilitative or therapeutic benefit it may be allowed. If the person is granted an exemption, he/she may work on the scheme for less than 20 hours per week. He/she cannot commence a community employment scheme until an exemption is approved by the Department. The person retains their invalidity pension and any secondary benefits (except fuel allowance which is means tested) for the duration of the scheme.

>Disablement Benefit

Disablement benefit recipients can continue working or attending a community employment scheme while in receipt of that payment.

>Incapacity Supplement

If a person is in receipt of incapacity supplement, they must apply for an exemption to go on a community employment scheme. The application for an exemption is assessed under the same terms and conditions as for invalidity pension and, if granted, they will retain their incapacity supplement.

>Illness Benefit

It is possible for a person who is in receipt of Illness Benefit for at least six months to apply for permission to work on a part-time basis (including on a Community Employment scheme) or to attend a training course. This exemption is given for rehabilitative or occupational therapy purposes. If a person is approved for an exemption, he/she retains the full Illness Benefit payment.

>Disability Allowance

People in receipt of disability allowance, if approved by FÁS for participation on a community employment scheme, can retain their disability allowance payment subject to a means assessment. For the means assessment, the customer can avail of the earnings disregard in terms of the assessment of means from income for disability allowance purposes from employment of a rehabilitative nature, i.e., first €120 is not assessed and half the earnings between €120 and €350 is assessed.

>Widow/er's Contributory Pension/Deserted Wife's Benefit

Widow/er's Contributory Pension is payable while the customer is on a community employment scheme provided the person is under 66 years of age. People over age 66 cannot participate in the community employment scheme.

>Widows Non-Contributory Pension/Deserted Wife's Allowance

The first €100 of net weekly earnings from employment is disregarded. Net earnings are gross earnings less PRSI, Superannuation/PRSA contributions and union subscriptions.

>State Pension (Contributory) and State Pension (Non-Contributory)

People over 66 years of age cannot participate in the community employment scheme.

State Pension (Transition)

The State Pension (Transition) is paid to people aged 65 who have retired from work and who have enough social insurance contributions. A person cannot be employed on a community employment scheme and continue to receive State Pension (Transition).

Blind Person's Pension

The first €120 of net weekly earnings from employment of a rehabilitative nature is disregarded, together with half of any additional earnings up to €350 per week. Net earnings are gross earnings less PRSI, Superannuation/PRSA contributions and union subscriptions.

Carers Allowance/Benefit

Carer's Allowance/Benefit is not payable to a person if they are on a community scheme. The full rules covering eligibility conditions for receipt of all schemes are outlined on the department's website - www.welfare.ie.

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