Anne Rabbitte (Galway East, Fianna Fail)
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333. To ask the Minister for Education and Skills the status of an application (details supplied); and if she will make a statement on the matter. [45666/22]

Norma Foley (Kerry, Fianna Fail)
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In relation to the correspondence referred to by the Deputy, I can advise that the insurability decision in relation to this teacher’s employment was made by the SCOPE Section of the Department of Employment Affairs and Social Protection.

The Scope Section considers applications from persons who wish to have an employment considered in order to make sure that the correct class of PRSI is being applied for them.

The legislation in relation to the social insurance status of employees in public authority is set out in Section 14 of the Social Welfare (Consolidation) Act 2005 and in Article 83 of Statutory Instrument No. 312 of 1996.

The legislation prescribes that persons employed on or before 5th April 1995, in a capacity that was not permanent and pensionable, pay PRSI at Class A rate. However, persons who subsequently become employed under a public authority in a permanent and pensionable capacity, without a break in their service, pay Class D rate PRSI.

In the case of the teacher who is the subject of this question, the decision of SCOPE, was that the teacher was employed on an eligible part time contract from 01/08/1993 to 31/07/2000. She was admitted to the superannuation scheme on 01/08/1996. As there was no break in service during this time, PRSI Class D was applicable.

The teacher was appointed to a permanent whole time post on 14/08/2000. However, at that time, there had been a break in her service from 01/08/2000 to 14/08/2000, and as a result she became insurable at PRSI Class A.

The teacher concerned appealed this decision to the SCOPE Social Welfare Appeals office and provided additional information to them, at that time regarding the circumstances concerning this break in service. However, following consideration of this appeal, the original decision was upheld, as was set out in the appeal decision letter of 17/July/ 2014.

In circumstances where the Department of Employment Affairs and Social Protection revisits a decision in relation to an employee’s PRSI status, the Payroll Division of my Department will amend the persons PRSI class accordingly.

However, I must advise that officials in the Payroll Division of the Department of Education do not have discretion to unilaterally review or revisit such decisions.