Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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49. To ask the Minister for Social Protection her views that persons who have earned through their contributions, an entitlement to a widow's-widower's contributory pension should not be denied the benefit of their entitlements because they are working on a community employment scheme, on which they continue making contributions; in the interests of justice and fairness her plans to remove the widow's-widower's contributory pension from section 39(1) of the Act; and if she will make a statement on the matter. [49724/14]

Kevin Humphreys (Dublin South East, Labour)
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A person of 25 years of age or over who is currently in receipt of Widows/Widowers Contributory or Non-Contributory Pension for a minimum of 12 months is eligible to participate on the Community Employment (CE) programme, as per the published eligibility criteria.

From 16 January 2012, newparticipants on CE schemes will not be able to simultaneously claim their original social welfare payment and a CE allowance, as per section 12 of the Social Welfare Act 2011. This measure affects those in receipt of the following payments commencing CE after that date:

- One Parent Family Payment

- Deserted Wife’s Benefit

- Widow(er)s Pension (Contributory or Non-Contributory)

- Illness Benefit

- Disability Allowance

- Invalidity Pension

- Blind Pension

These new CE participants will receive their payments directly via the CE scheme at a rate equivalent to their original social welfare payment (including any increase for a qualified adult and/or child dependants) plus an additional €20 CE participation payment. The person will not be financially disadvantaged by participating on CE.

New participants are defined as those persons who, with effect from 16 January 2012, have not been employed on a CE scheme in the 12 months prior to commencing the current CE placement.

There are no plans to amend the legislation in this regard.