Róisín Shortall (Dublin North West, Social Democrats)
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896. To ask the Minister for Employment Affairs and Social Protection if financial supports are available for self-employed people with disabilities, similar to the wage subsidy scheme for people with disabilities; if not, if she plans to introduce such a scheme; if not, plans, the reason; and if she will make a statement on the matter. [56997/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department's disability-related schemes have been structured to support recipients to pursue employment opportunities, be that self-employment or insurable employment. There are a number of employment supports available.

The Partial Capacity Benefit scheme allows a person who is in receipt of Invalidity Pension or Illness Benefit to enter or return to employment or self-employment and 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, their payment continues at 50%, 75% or 100% of their previous payment respectively while in employment. Partial Capacity Benefit has also been designed so that there are no restrictions or limits on earnings or on the number of hours a person can work.

A person in receipt of Disability Allowance or Blind Pension who pursues employment or self-employment can avail of an income disregard of €165 per week. In addition, 50% of earnings between €165 and €375 are disregarded for the purpose of the means test.

The Back to Work Enterprise Allowance scheme has been designed to support persons, including persons with disabilities, to take up self-employment opportunities. It allows a person to retain 100% of their payment in year one and 75% in year two, including any increases for a qualified adult and qualified children in payment.

The Workplace Equipment Adaptation Grant is designed for a person with a disability who has been offered employment, is in employment or is self-employed, and requires a more accessible workplace or adapted equipment to do the job. S/he may be able to get a grant towards the costs of adapting premises or equipment. A maximum grant of €6,350 is available towards the cost of adaptations to premises or equipment. Applications in excess of this sum are considered on an individual basis up to a maximum of €9,523 if specialist training for assistive technology is required.

The Wage Subsidy Scheme is a support to encourage private sector employers to employ people with disabilities by means of a subsidy. The subsidy available is between €6.30 and €9.45 per hour depending on the number of employees supported by the scheme. The employment must be between 21 and 39 hours per week and satisfy all relevant employment legislation.

Under Budget 2024, I allocated an additional €3.7 million to expand this scheme in April 2024 by reducing the minimum required hours from 21 hours to 15 hours. My Department is undertaking a review of this scheme at present, and I expect to publish the report of the review in the coming months.

I trust this clarifies the matter for the Deputy.

Michael Creed (Cork North West, Fine Gael)
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897. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied), through paid and credited contributions, has an entitlement to the State pension (contributory), either at maximum or reduced rates; and if she will make a statement on the matter. [57017/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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An individual must have 520 full-rate paid contributions in order to qualify for standard State Pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment.

According to the records of my Department, the person concerned has a total of 297 full-rate contributions. Since their contributions fall short of the requisite 520 paid full-rate contributions, they do not qualify for State Pension (contributory).

The person concerned was awarded Home Caring Periods for the period 9 April 1983 to 8 December 2001. Home Caring Periods can be used to improve a persons rate of state pension (contributory). They cannot however be used to satisfy the requirement to have 520 full rate contributions.

In September 2022, I announced the introduction of State Pension provision for long-term carers by attributing the equivalent of paid contributions to cover gaps in their contribution record. These Long-Term Carer's Contributions are available to those who provided full time care to incapacitated dependents for 20 years or more (1040 weeks).

If the person concerned has been caring for incapacitated dependents for over 20 years, they may be awarded the equivalent of paid contributions to cover gaps in their contribution record in order to qualify for the State Pension Contributory. The periods of caregiving do not need to be consecutive. The quickest way to apply for Long-Term Carers Contributions is online at MyWelfare.ie.

Further information about the changes in State pension (contributory) and Long-Term Carers Contributions are available on the Government website at gov.ie/pensions.

Where a person reaches State Pension age and does not satisfy the conditions to qualify for State Pension (contributory) or qualifies for less than the maximum rate, they may instead qualify for one of the following:

- The means-tested State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the state pension contributory; or

- An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate State pension contributory pension where their spouse has a contributory pension; or

- Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the State pension contributory with allowances (notably the Living Alone Allowance) payable where applicable.

The person concerned applied for the State Pension (Non-Contributory) in October 2018. However, the application was withdrawn in November 2018. It is open to the person concerned to re-apply for the State Pension (Non-Contributory).

I hope this clarifies the position for the Deputy.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at a cost of almost €502 million in 2023. The purpose of this payment is to provide targeted assistance to households for their energy costs.

The criteria for fuel allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. To qualify for the fuel allowance payment, a person must satisfy all the qualifying criteria including a means test, the household composition criteria and be in receipt of a qualifying payment (if aged under 70). The full list of qualifying conditions can be found on gov.ie.

While to qualify for Fuel Allowance a household must satisfy a means test, in the case of households where all members are receiving qualifying non-contributory payments, then the means test is deemed satisfied, even if members of the household have additional earnings from employment.

However, if a member of the household is in receipt of a qualifying contributory payment or are aged over 70 and not in receipt of a Social Welfare payment, then a means test must be carried out. Not all income or means are included when assessing a household means for Fuel Allowance purposes. For example, when assessing capital means, the first €20,000 is disregarded for those under 70 and the first €50,000 for those aged 70 or older.

The weekly means threshold for those aged under 70 is €200 above the appropriate rate of State Pension (Contributory), while the allowable weekly means for those aged over 70 is €512 for a single person and €1,024 for a couple.

Where a person on a contributory Social Welfare payment resides with household members in receipt of non-contributory Social Welfare payments, income from the non-contributory payments is disregarded for the purpose of calculating entitlement to Fuel Allowance.

Any decision to amend the fuel allowance qualifying criteria in the manner outlined by the Deputy would represent a fundamental change to the nature of the scheme, which would result in significant additional budgetary requirements and, as such, it would have to be considered in an overall policy and budgetary context.

Finally, my Department provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Seán Sherlock (Cork East, Labour)
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900. To ask the Minister for Employment Affairs and Social Protection how a DCA appeals process could come back with a response that says "the evidence provided does not indicate that the level of additional support required is substantially in excess of that required by children of the same age without their disability" when all the medical reports for a person (details supplied) demonstrate a high level of care for their child and that the child's condition is recognised as one of the eligible conditions. [57048/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Appellant’s appeal of the Department’s decision to refuse her Domiciliary Care Allowance application was carefully considered by an Appeals Officer in accordance within the provisions of the Social Welfare Consolidation Act 2005, as amended (the "2005 Act") with guidance from the Medical Eligibility Guidelines for Domiciliary Care Allowance and they concluded, having regard to the totality of the evidence, that the Child in question did not meet the legislative threshold to be considered a ‘Qualified Child’ as per Section 1861(1) of the 2005 Act. The evidence presented and rationale for the Appeals Officer’s decision were set out in correspondence issued to the Appellant from the Social Welfare Appeals Office dated 23 November 2023.

The Deputy may be aware that an appeal outcome is final and conclusive as per Section 320 of the 2005 Act, however an Appellant may, subject to the relevant legislative provisions, request a review of an appeal outcome in light of new or additional evidence or if it is demonstrated that there was an error in fact or law with the original decision, as applicable.

I trust this clarifies the matter for the Deputy.