John Browne (Wexford, Fianna Fail)
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Question 102: To ask the Minister for Social Protection when she will sign into law the approval for persons with long-term disabilities to do work and retain social welfare benefits when it is medically advantageous to them. [8706/11]

Joan Burton (Dublin West, Labour)
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The legislative basis which provides for the introduction of the partial capacity benefit scheme is contained in the Social Welfare (Miscellaneous Provisions) Act, 2010, which was enacted by the Oireachtas in December 2010. The specific provision is subject to a Commencement Order.

The introduction of the partial capacity benefit scheme will mark a key development of the social welfare system. The scheme recognises that the current structure of the welfare system, which categorises people as 'fit to work' or 'unfit to work', does not reflect the reality for many existing welfare customers. It will provide an opportunity for people with disabilities, and assessed to have an employment capacity which is restricted when compared to the norm, to avail of employment opportunities while continuing to receive an income support payment.

A programme of work is currently underway to cater for the new scheme. This includes the preparation of Regulations, as required by legislation, to cover, amongst other things, the medical protocols which will determine eligibility for the scheme; the rates of payment; the development of the necessary medical criteria against which partial employment capacity will be assessed; and the development of the necessary processes and information technology systems to process claims. Every effort is being made to complete these necessary steps as soon as possible in order to allow for the formal introduction of the scheme at the earliest possible date.