Written answers

Tuesday, 7 March 2023

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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450. To ask the Minister for Employment Affairs and Social Protection the provision that has been made for self-employed persons who were paying an S1 contribution prior to Covid restrictions in 2020 and when they applied for maternity benefit in 2022, where the reckonable year is 2020 and have found their application denied owing to insufficient PRSI contributions in the reckonable year; if she will consider this matter; and if she will make a statement on the matter. [11528/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Maternity Benefit is paid by the Department of Social Protection to women who have a certain number of paid PRSI contributions on their social insurance record and who are in insurable employment up to the first day of their maternity leave.

A self-employed individual who applied for and was awarded the Pandemic Unemployment Payment in 2020 would subsequently be allocated with a full 52 S class contributions upon submitting their returns for the year in question. This is the case even if the returns are nil.

The applicant referred to in this situation has sufficient contributions in the relevant tax year 2020 (52 S class). However, the applicant is also required to fulfill the other eligibility requirements.

In addition to having met the PRSI contributions for the tax year relevant to her claim, the applicant must also be in insurable employment that is covered by the Maternity Protection Act, 1994 immediately before the first day of maternity leave. The last day of insurable employment must be within 16 weeks of the end of the week in which the baby is due. Unfortunately, the person does not meet this condition.

In her application, the person declared she is unemployed. We issued a request for her to confirm the date her self-employment ended and she replied confirming it ended in June 2022. Her expected due date was 06/12/22.

Maternity Benefit is paid to a person who takes maternity leave from work. As the person was not in insurable employment within 16 weeks of the end of the week in which her baby was due, her claim was disallowed.

In support of this decision, the deciding officer relied on the Maternity Protection Acts, 1994 and 2004, Chapter 9 of Part II of Social Welfare (Consolidation) Act, 2005, and Chapter 2 of Part II of Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (as amended).

We would advise the person to contact her local Intreo Office or Community Welfare Office in order to determine what other supports are available to her while she is not engaged in employment.

I trust this clarifies the position.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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451. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question Nos. 313 and 314 of 27 September 2022, her plans to extend the free travel scheme to persons with an epilepsy diagnosis; and if she will make a statement on the matter. [11548/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. There are over one million customers with direct eligibility. The estimated expenditure on free travel in 2023 is €95 million.

It is important to note that, in general, access to a free travel pass for those aged under 66 is a secondary benefit linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit. As many illnesses or physical conditions have an impact ranging from mild to severe, entitlement to these social welfare schemes is not provided on the basis of a diagnosis but on the basis of the impact of that diagnosis on the individual concerned and in the case of Disability and Carer's allowance to an assessment of their means. In this way, resources can be targeted to people in most need.

I am aware of an ongoing campaign by Epilepsy Ireland. I fully recognise the issues and difficulties that can arise due to a person being diagnosed with epilepsy and who is unable to drive as a result of their condition.

Following a meeting with representatives of Epilepsy Ireland to discuss its proposal in detail, I asked my Department officials to examine the issues raised in relation to access to the Free Travel scheme.

My officials advise me that they are currently finalising the report and I expect to receive it shortly. I will carefully consider its contents and any recommendations that it may contain.

I hope this clarifies the matter for the Deputy.

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