Written answers

Tuesday, 23 May 2023

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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458. To ask the Minister for Employment Affairs and Social Protection if partial capacity benefit will be approved immediately for a person (details supplied). [24196/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Partial Capacity Benefit (PCB) is a social welfare scheme which allows a person to return to work or self-employment (if they have reduced capacity to work) and continue to receive a payment from my Department. An applicant must have been in receipt of Illness Benefit (for a minimum of 6 months) or Invalidity Pension prior to being awarded PCB and returning to work. To qualify for PCB, an applicant may not commence work until they have received written approval from my Department to do so.

The person concerned applied for PCB on the 6 March 2023. While this individual expressed a likelihood to return to work, no formal date for the commencement of employment was provided to my Department. On 3 May 2023, their application for PCB was disallowed as our records indicated they commenced work and failed to notify my Department of a commencement date, contrary to a request under Section 188 of the Social Welfare Act. The person concerned was advised of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office.

On 9 May 2023, the person concerned requested a review and has stated they will provide additional evidence to substantiate their claim. Once this review is complete, they will be notified of the decision.

I trust this clarifies the matter for the Deputy.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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459. To ask the Minister for Employment Affairs and Social Protection the status of a payment application by a person (details supplied); and if she will make a statement on the matter. [24246/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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When the person concerned made an application for Illness Benefit, they stated on their application form that their most recent place of employment was in Sweden. In accordance with Article 11 of Regulation (EC) 883/2004, as amended, which stipulates that a person can only be socially insurable in one Member State, the application fell to be considered by the relevant authorities in Sweden.

The person concerned was advised that their claim has been transferred to the relevant authorities in Sweden for their consideration and relevant contact details were provided.

The person concerned is currently in receipt of assistance from my Department under the means-tested Supplementary Welfare Allowance scheme pending a determination of their claim by the Swedish authorities.

I trust this clarify the position for the Deputy.

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