Written answers

Tuesday, 24 January 2023

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Chris AndrewsChris Andrews (Dublin Bay South, Sinn Fein)
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403. To ask the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; if the rules in relation to the invalidity pension will be changed; and if she will make a statement on the matter. [3164/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Invalidity Pension is an income support payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions. A person is regarded as being permanently incapable of work if:

- For the period of 1 year immediately before the date of application the person had been continuously incapable of work and a Deciding Officer or an Appeals Officer is satisfied that the person is likely to continue to be incapable of work for at least another year,

- A Deciding Officer or an Appeals Officer is satisfied that the likelihood is that the person will be incapable of work for life.

Partial Capacity Benefit allows a person who is in receipt of Invalidity Pension, but who is no longer permanently incapable of work, to enter or return to employment or self-employment and to continue to receive a partial or full payment. Following a medical assessment, if a person's restriction regarding their capacity for work is rated as moderate, severe or profound they can receive a Partial Capacity Benefit payment at 50%, 75% or 100% of their previous Invalidity Pension rate while they are in employment/self-employment.

The person concerned was in receipt of Partial Capacity Benefit from 20 February 2020 until 28 September 2022 and he reverted back to Invalidity Pension from 29 September 2022 as his employment had been terminated. If he wishes to move back into employment, he must contact the Partial Capacity Benefit section of my Department with the details of his proposed start date. His Invalidity Pension will then stop and he will move back to Partial Capacity Benefit.

Under the Roadmap for Social Inclusion and Pathways to Work strategies, my Department has committed to developing and consulting on a strawman proposal for the restructuring of long-term disability payments. Work is currently underway within my Department on the strawman, with a public consultation expected to be undertaken later this year. Any future proposals for reform of Partial Capacity Benefit will have to be considered in the context of the strawman process.

I trust this clarifies the matter for the Deputy.

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