Peadar Tóibín (Meath West, Aontú)
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125. To ask the Minister for Employment Affairs and Social Protection if she will examine the issue of the terms and conditions of applying for jobseeker's benefit online, which do not include the circumstances in which applicants who are still in employment but are making an application due to reduced hours of employment must declare that they are unemployed; if she will ensure that the terms and conditions will be adjusted in order that applicants who are on reduced hours of employment are not legally compromised by agreeing to such terms and conditions; and if she will make a statement on the matter. [26644/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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If a person wishes to avail of a Jobseeker’s payment they must complete the Declaration as part of their application stating that they satisfy all the conditions for the scheme including being unemployed, capable of, available for full-time work and genuinely seeking work.  The conditions for a jobseekers payment apply to all jobseekers regardless of their current employment status.  If a person is in casual or part-time employment they are deemed to be unemployed and are expected to continue to look for full-time work. 

On going reviews are carried out on all jobseeker’s claims, including those in casual or part-time employment, to ensure that a person continues to satisfy all the conditions for the scheme and s/he may be asked, from time to time, to produced evidence of their efforts to find suitable full-time employment.

All claims are decided on an individual basis by a Deciding Officer based on the circumstances of the person and all parts of the application process must be fully completed. 

I trust this clarifies the matter for the Deputy. 

Michael Healy-Rae (Kerry, Independent)
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126. To ask the Minister for Employment Affairs and Social Protection if he will advise on an illness benefit-matter (details supplied); and if she will make a statement on the matter. [26661/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Illness Benefit is the main income support provided by this department for those who cannot work due to illness of any kind.  The provisional outturn for Illness Benefit was €570.9 million in 2021.

Illness Benefit is a social insurance payment and in order to qualify, the person must have the required number of Pay Related Social Insurance contributions.  They must also provide a Certificate of Incapacity for Work.

The relevant tax year plays a part in determining eligibility for Illness Benefit and it also constitutes the basis of calculating the person’s rate of Illness Benefit.  

The relevant tax year is the second last complete tax year before the year in which the claim for Illness Benefit begins.  For example, the relevant tax year for an Illness Benefit claim that begins in 2022 is 2020.  

There are four rates of Illness Benefit payable, based on the average weekly earnings of the person in the relevant tax year.  A person can only get the full rate of Illness Benefit if they satisfy all eligibility requirements and their gross weekly earnings was determined as being €300 or more.  

Maternity Benefit is a social insurance payment payable to women who have the required number of social insurance contributions.  Contributions paid in Classes A, E and H count towards Maternity Benefit.  The benefit is payable for 26 weeks; however, it can be extended with 16 weeks of additional maternity leave.  While the person does not get Maternity Benefit for this period, they receive credited social insurance contributions for each week of unpaid leave. 

If a woman who was on Maternity Benefit in 2020 falls ill in 2022, her rate of Illness Benefit will be based on her average weekly earnings in 2020, the relevant tax year.  However, her average weekly earnings are only divided by paid contributions, and the time spent on the benefit should not impact her Illness Benefit rate. 

If her average weekly earnings from employment were €300 or more, she will receive the maximum rate of Illness Benefit.  If an Illness Benefit claim runs into a new calendar year, the claim will be checked to see if the claimant is eligible for a higher payment based on the updated relevant tax year.

I trust this clarifies the matter for the Deputy.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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One of the criteria to be satisfied in order to qualify for Partial Capacity Benefit is that the person must, at the time of application, be in receipt of Invalidity Pension or have been in receipt of Illness Benefit for a minimum of 6 months.

The person concerned is currently in receipt of Disability Allowance which is not a qualifying payment for Partial Capacity Benefit.

I trust this clarifies the position for the Deputy.