Written answers

Thursday, 2 March 2023

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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256. To ask the Minister for Employment Affairs and Social Protection the continued entitlement, if any, for an appropriate social welfare payment in the case of a person (details supplied); and if she will make a statement on the matter. [10783/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned is currently in receipt of Illness Benefit from my department.  Illness Benefit is a short-term scheme for people who cannot work due to illness and who satisfy the pay related social insurance (PRSI) contribution conditions.  It is paid for a maximum of 2 years or 624 payable days.

The person concerned is due to exhaust their entitlement to Illness Benefit from the 28March 2023.  A letter issued on the 28 December 2022 advising that their entitlement is due to end from this date and providing details of the options available to him when this transpires.  

Invalidity Pension (IP) is payable to an insured person who satisfies certain Pay Related Social Insurance (PRSI) contribution conditions and who is permanently incapable of work due to an illness or incapacity and for no other reason.

Claimants must have at least 260 (5 years) paid PRSI contributions (class A, E, H or S) since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their Invalidity Pension claim.

The relevant date is:

(a) any date after the completion of one year of continuous incapacity for work, or

(b) any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed

where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.

A qualifying condition for IP is that a person must be regarded as being permanently incapable of work. 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,

OR

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

To date there is no record of my department receiving a recent claim for IP from the person concerned.  It would appear he fulfils the contribution conditions for IP, but eligibility for the payment can only be established on receipt of a completed application form.  In this regard, he should submit an IP application form without delay and his entitlement can then be determined. 

I hope this clarifies the position for the Deputy.

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