Written answers

Tuesday, 4 July 2017

Department of Social Protection

Social Insurance

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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612. To ask the Minister for Social Protection if she will provide a report on the appeal by a company (details supplied) of the Scope findings regarding alleged abuse of RTC1s; and if she will make a statement on the matter. [31550/17]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The role of Scope insurability section in the Department of Social Protection is to make statutory decisions on insurability of employment under the Social Welfare Act. Employers, employees and the self-employed may apply to Scope for an investigation of an employment status and a determination of the correct class of PRSI. Scope insurability decisions are based on all available evidence, including a report from a social welfare inspector where appropriate, and the case law from previous court judgements.

Scope insurability decisions may be appealed to the Social Welfare Appeals Office by the employer, employee or self-employee. The office provides an independent, accessible and fair appeals service in a prompt and courteous manner.

Fourteen cases relating to the company referred to by the Deputy were registered in Scope insurability section in March 2015. These cases pertained to the time period from the end of May to September 2014.

Decisions issued from Scope insurability section in August 2015. The company referred to appealed the decisions for 13 of the 14 workers. Appeal decisions were issued in these cases in May 2017. The following is a summary of the decisions:

- 8 workers were deemed not to be employees of the company referred to;

- 2 workers were deemed to be self-employed;

- 1 worker was deemed to be an employee of the company for periods up to 24 July 2014 but not thereafter;

- 2 workers were deemed to be employees of the company for periods up to 24 July 2014 and employees of a different employer thereafter.

One worker lodged an appeal and an appeal decision issued in June 2016. He was deemed to be an employee, not of the company referred to, but of a different employer.

The Social Welfare Appeals Office operates independently of the Minister. Therefore, it would not be appropriate to comment on the outcome of individual appeals.

Finally, the deputy should note that the administration of RTC1s is a matter for Revenue.

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