Written answers

Tuesday, 5 October 2021

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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427. To ask the Minister for Employment Affairs and Social Protection her plans for jobs initiative scheme participants be included in the winter fuel scheme (details supplied.) [47466/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Fuel Allowance is a payment of €28.00 per week for 28 weeks (a total of €784 each year) from October to April, to over 370,000 low income households, at an estimated cost of €300 million in 2021. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.

The criteria for Fuel Allowance are framed in order to direct the limited resources available to the Department in as targeted a manner as possible. To qualify for fuel a person must be in receipt of a qualifying payment and satisfy all relevant qualifying conditions.

The Job Initiative Scheme programme provided full-time employment for people 35 years of age or over, who had been unemployed for 5 years or more. Since November 2004, there has been no recruitment to the Scheme. Since January 2004 participants on the Job Initiative Scheme could no longer retain their entitlement to Fuel Allowance while participating on the scheme. This decision was taken as the minimum rate of payment to participants on the scheme was significantly higher than the rate of qualifying Social Welfare payments.

The minimum rate of payment to a Job Initiative participant is still significantly higher than most Social Welfare primary payments, including payments such as Illness Benefit and Jobseeker's Benefit, which are also non qualifying payments for Fuel Allowance. Participants on the Job Initiative Scheme are also considered to be in full time employment and not in receipt of a Social Welfare support payment.

Under the Supplementary Welfare Allowance scheme a special heating supplement may be paid to assist people in certain circumstances. Exceptional needs payments may be made to help meet an essential, once-off cost which an applicant is unable to meet from his / her own resources.

I hope this clarifies the matter for the Deputy.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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428. To ask the Minister for Employment Affairs and Social Protection if long-Covid myalgic encephalomyelitis chronic fatigue syndrome will be added to the list of prescribed diseases for the occupational injuries benefit scheme; if long-Covid will be recognised as a disability for the purpose of disability allowance and the invalidity pension; and if she will make a statement on the matter. [47482/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department of Social Protection provides a suite of income supports for those who are unable to work due to an illness or disability. Entitlement to these supports is not contingent on the nature of the illness/disability but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work. My Department spent a total of €4.7 billion on illness, disability and caring payments in 2020.

My Department operates the Occupational Injuries Benefit Scheme which is a group of benefits for people injured or incapacitated by an accident at work or while travelling directly to or from work. The scheme also covers people who have contracted a disease as a result of the type of work they do. There are a number of benefits available and there are different conditions attached to each benefit. The benefits include: Injury Benefit, Disablement Benefit, Incapacity Supplement, Constant Attendance Allowance and the Medical Care Scheme.

Covid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005 as it does not meet the criteria laid down in the Act. Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that—

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occu­pations and not as a risk common to all persons, and

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reason­able certainty.

Illness Benefit is the primary income support payment for people who are unable to attend work due to illness of any type. Additional payments may also be made in respect of a qualified adult and qualifying children. It is payable for up to two years, based on the person’s continued eligibility. An enhanced Illness Benefit is payable for up to ten weeks for people diagnosed with Covid-19, subject to ongoing medical certification. In a case where a person continues to be ill with Covid-19 beyond ten weeks, standard Illness Benefit may be paid for an extended period, based on the person’s continued eligibility.

Invalidity Pension is a pension paid to people who are “permanently incapable of work” because of illness or disability. It is based on a claimant's social insurance contributions and medical condition and is not means tested.

Disability Allowance (DA) is a means-tested payment for people with a specified disability who are aged between 16 and 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

Apart from these income supports, my Department also provides means-tested supports under the Supplementary Welfare Allowance scheme for people who are ill but who do not qualify for other schemes. The Department may also make an Exceptional Needs Payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from their weekly income.

The Department regularly reviews its supports and payments schemes to ensure that they continue to meet their objectives. As set out above, a comprehensive set of income support payments is in place for those experiencing illness and disability, based on a person’s medical condition and either their social insurance contributions or means testing. It is generally the extent to which a particular illness or disability impairs or restricts a person’s capacity to work rather than the nature of the illness or disability that is taken into account when eligibility is being assessed.

I trust this clarifies the matter for the Deputy.

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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429. To ask the Minister for Employment Affairs and Social Protection if she will ensure that self-employed fishers who crew fishing vessels but who do not meet the current criteria can access the rural social scheme. [47505/21]

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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On clarification with the Deputy's office, the question refers to whether people that are employed as crew members on a fishing vessel, but who do not themselves hold the fishing licence for that vessel, can access the rural social scheme (RSS).

RSS is an income support initiative providing part-time employment opportunities for farmers or fishermen and fisherwomen in receipt of certain means-tested social welfare payments, and underemployed in their primary occupation.

To be eligible participate on RSS, a person must be aged 25 or over, in receipt of a qualifying social welfare payment satisfying the means test for receipt of Farm/Fish Assist, and meet the criteria for either a self-employed farmer or a fisherman/fisherwoman.

A person who is a self-employed fisherperson on a fishing boat, which has been entered in the Register ofFishing Boats, can be considered eligible to participate on RSS, provided that they meet all other eligibility criteria. Crew members on fishing vessels are not eligible to participate on RSS.

There are no plans to extend eligibility criteria at present, however the Department continually monitors all of its employment support programmes and intends to complete a review of RSS in 2022.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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430. To ask the Minister for Employment Affairs and Social Protection if she will address matters raised in correspondence (details supplied) in relation to retraining and upskilling; and if she will make a statement on the matter. [47514/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned was awarded a Jobseeker's Benefit payment with effect from 4/2/2021. She submitted an application for a Back to Education Allowance (BTEA) dated 1/9/21 to pursue a Post Graduate Diploma in Design Thinking for Sustainability. There are a number of qualifying criteria for receipt of BTEA for Third Level Option including that a person be in receipt of a qualifying payment and have been paid for a minimum of 9 months (234) days. Fully unemployed persons are not paid for a Sunday and a weekly payment constitutes 6 days from Monday to Saturday. Unfortunately the person concerned was not in receipt of a Jobseeker's payment for 234 days immediately prior to the start date of her chosen course on 13/9/2021. The person concerned has currently received 204 days Jobseeker's Benefit up to 29/9/2021.

Jobseekers awarded Statutory Redundancy under the Redundancy Payments Acts 1967 - 2012 have access to the BTEA Scheme immediately on being made redundant or within one year of the award of Statutory Redundancy. The Jobseeker must establish an entitlement to a relevant social welfare payment immediately prior to the commencement of an approved course of study. A Jobseeker who opts for voluntary/mandatory redundancy cannot be approved for BTEA under this provision. As the person concerned was not awarded Statutory Redundancy, she does not qualify for BTEA under this option.

The person concerned appealed the decision of the deciding officer. Following a review of her circumstances by a reviewing officer the decision remains unchanged.

It is open to the person concerned to contact the Activation service in Ballymun to discuss alternative educational opportunities available.The Activation service can be contacted at ActivationBallymun@welfare.ie

It is regretted that the person concerned found the BTEA information and guidelines available from my Department's website and from Ballymun Activation service unclear.

Student Universal Support Ireland is Ireland's national awarding authority for all higher and further education grants. Should the person concerned wish to pursue her course of study she can contact www.susi.iefor further information.

I trust this clarifies the matter.

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