Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 331: To ask the Minister for Social Protection further to Parliamentary Question No. 42 of 20 July 2011 to whom she envisages the new partial capacity scheme will apply; if she will publish and invite feedback on the draft regulations prior to their finalisation; and if she will bring the draft regulations before Dáil Éireann to allow for debate on their detail. [23166/11]

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 partial capacity benefit scheme will be open to people who are in receipt of invalidity pension or who have been in receipt of illness benefit for a minimum of six months. Participation in the scheme will be voluntary and the scheme is designed in particular to respond to the needs of people who currently seek to avail of 'exemptions' in order to take up employment opportunities.

The regulations which are currently in the course of preparation will elaborate on the detail of the operation of the scheme and will formally set out, for instance, the rates of payment which will apply to those who avail of the scheme and the medical criteria which may be taken into account by the Department's medical assessors in determining partial employment capacity. The normal process for introducing regulations will be followed for the partial capacity benefit regulations.

The development of the scheme has been the subject of regular consultation with stakeholders through the Department's disability consultative fora. The priority at this stage is to complete all the necessary steps, including the development of an appropriate IT platform, in order to ensure that the scheme will be introduced before the end of this year.