Jack Wall (Kildare South, Labour)
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Question 337: To ask the Minister for Social Protection if a person has an appeal lodged with the appeals office for invalidity pension is it longer possible for them to make a claim for jobseeker's allowance while they are awaiting a decision on their invalidity pension appeal; and if she will make a statement on the matter. [26535/12]

Joan Burton (Dublin West, Labour)
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Any person who has an appeal lodged on an Invalidity Pension claim is entitled to make a claim for Jobseeker's Benefit or Jobseeker's Assistance pending the appeal decision. It should be borne in mind, however, that the primary focus of the Invalidity and Jobseeker's schemes is fundamentally different and as a result they have different qualification conditions. Invalidity Pension is a payment focused towards people who are permanently incapable of work because of an illness or incapacity. To qualify for payment, the person concerned must satisfy both the medical and social insurance (PRSI) conditions of the scheme. Jobseeker payments are focused towards unemployed persons and to qualify for payment the person concerned must be capable of work and genuinely seeking employment. They must also satisfy other eligibility criteria such as a minimum level of social insurance (PRSI) conditions in the case of Jobseeker's Benefit and a maximum level of means in the case of Jobseeker's Assistance. A critical factor in these circumstances is whether the person concerned is capable of work. If the person has had their application for Invalidity Pension disallowed on the grounds that they were considered by a Medical Assessor to be not permanently incapable of work, they would automatically be considered as fulfilling the 'capability' condition of the Jobseeker schemes. In addition to a possible entitlement to a Jobseeker Payment, a person who is disallowed Invalidity Pension may, have an entitlement to Illness benefit or Disability allowance. They can also apply for a Supplementary Welfare Allowance payment if they urgently need income support.