Louise O'Reilly (Dublin Fingal, Sinn Fein)
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4. To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that a company operating a State contract is refusing its employees access to the company sick pay scheme if they are in receipt of the enhanced illness benefit scheme; if his attention has been further drawn to a provision in the enhanced illness scheme which would mandate that requirement; and if he will make a statement on the matter. [1986/21]

Leo Varadkar (Dublin West, Fine Gael)
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My colleague the Minister for Social Protection who has responsibility for the enhanced illness benefit payment informs me that under the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1), the Government, having regard to the manifest and grave risk to human life and public health posed by the spread of Covid-19, extended the Social Welfare Acts to provide for entitlement to illness benefit for persons who have been diagnosed with, or are a probable source of infection with Covid-19.

The rate of payment of the enhanced Illness Benefit payment in respect of COVID-19 is higher than the normal maximum personal rate for a limited period.  The measures were designed to ensure that where a registered medical practitioner or a HSE medical officer diagnoses a person with COVID-19 or identifies him or her as a probable source of infection of COVID-19, the person concerned can comply with medical advice to isolate, while having their income protected.  This is essential to limit and slow down the spread of the virus, to keep the number of people affected to a minimum, and to reduce a peak of cases which would cause extreme pressure on the health system.

A person is not entitled to the enhanced illness benefit payment in respect of any day of incapacity for work where he or she is entitled to full wages, salary, or paid sick leave under a contract of employment, in respect of any such day. A person is entitled to a reduced rate or reductions in the rate of illness benefit in respect of any day of incapacity for work, where he or she is entitled to reduced wages, salary, or paid sick leave, for those same days, which is less than the rate of illness benefit to which he or she would otherwise be entitled.

There are no provisions under social welfare legislation which set out that a person does not have access to an occupational sick pay scheme in respect of any period of incapacity for which they are receiving illness benefit or enhanced illness benefit. Where an employee has access to an occupational sick pay scheme, scheme rules may require that the employee mandates illness benefit payments to the employer where sick pay has been provided to the employee. This arrangement is a matter between the employer and employee.