Written answers

Wednesday, 30 March 2011

Department of Social Protection

Social Welfare Code

9:00 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 82: To ask the Minister for Social Protection her policy in relation to renewing extensions for permission to work or train (exemption) under the conditions of illness benefit; if she is supportive of persons obtaining this exemption where the work can be of benefit to the person; if she supports persons in these cases obtaining an initial renewal or a second renewal; if the decisions are based on current medical documentation and are these documents reviewed by a doctor in each case; the appeals mechanism that applies in respect of these exemptions; and if she will make a statement on the matter. [6083/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Illness Benefit is a short-term income support payment made to insured people who are unable to work due to illness or incapacity and who satisfy certain pay related social insurance (PRSI) conditions. It is a requirement of the scheme that a person must be incapable of work. However, for rehabilitative or occupational therapy purposes, customers, who have been in receipt of illness benefit for at least six months, may be granted permission to work part-time (not more than 20 hours per week) or to participate in a community employment (C.E.) scheme or FÁS training course. This permission is known as an exemption, the aim of which is to enable a person to return to the workplace on a full-time basis.

Applications for exemptions are considered by one of the Department's Medical Assessors (doctors) who considers the nature of the particular illness or incapacity, the treatment regime and prognosis. They assess the nature of the proposed employment or training and consider whether or not the proposed work or training is appropriate in light of the person's incapacity and how, in the context of rehabilitation/occupational therapy, it would progress a return to full-time work.

Approval for an exemption is granted for a specified period, depending on the circumstances of the case. If the employment or training is to continue beyond the period of the initial approval the person's continuing suitability for an exemption is reviewed. An exemption ceases if a point is reached at which it is considered by the Medical Assessor that the rehabilitative/occupational therapy benefits of the work or training have been exhausted. The stage at which this point is reached will depend on the circumstances of the case.

As the exemption process is administrative in nature decisions on new applications or further extensions of an exemption cannot be appealed to the Social Welfare Appeals Office. However, if a customer is dissatisfied with the decision they can request that their case be referred to the Department's Chief Medical Advisor or Deputy Chief Medical Advisor for review. Customers are further advised that they can provide any additional medical or other documentation in support of their case.

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