Peter Burke (Longford-Westmeath, Fine Gael)
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234. To ask the Minister for Employment Affairs and Social Protection if there are plans to extend illness benefit to the self-employed (details supplied). [9828/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Illness benefit is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance. Eligibility for illness benefit depends on the person’s PRSI record and class. The person must have made the required number of contributions under class A, E, H or P to qualify. In general, self-employed people make PRSI contributions at Class S which does not provide entitlement for illness benefit.

Illness benefit is funded by the Social Insurance Fund through PRSI contributions. The Fund is central to our social protection system and the Government needs to ensure that it can provide adequate and sustainable social insurance pensions and benefits for a growing and ageing population.

Self-employed people pay contributions to the Fund at a lower rate of 4%. This is 11 percentage points lower than the combined employer and employee contribution of 15.05% made in respect of employed contributors. However, self-employed contributors do have access to over 90% of benefits available to employed contributors. including;

• Adoptive Benefit;
• Guardian's Payment (Contributory);
• Invalidity Pension;
• Jobseeker's Benefit (Self-Employed);
• Maternity Benefit;
• Parent's Benefit;
• Partial Capacity Benefit (where in receipt of Invalidity Pension);
• Paternity Benefit;
• State Pension (Contributory);
• Benefit Payment for 65 year olds;
• Treatment Benefit; and
• Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension.

In circumstances where people are ill but do not qualify for illness benefit, my Department provides means tested supports under the supplementary welfare allowance scheme. An additional needs payment may also be available to people who have expenses that they cannot pay from their weekly income.

Any changes to the illness benefit scheme would need to be considered in an overall policy and budgetary context, including the contribution rates for self-employed contributors.

I trust this clarifies the matter for the Deputy.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy is aware, the Report of the Child Maintenance Review Group was published in November 2022 and the Government accepted the Group's recommendations regarding the social welfare system. These changes include decoupling child maintenance and social welfare and represent significant reforms, which will be of great benefit to lone parents. Amendments to both primary and secondary legislation as well as changes to some of the Department’s systems, application forms and processes are required.

Since late 2022 my Department has ceased applying the Liable Relative provisions to new claims for One-Parent Family Payment on an administrative basis. My Department also stopped applying the "efforts to seek maintenance" requirement on an administrative basis pending the required amendment to Regulations which I have since made.

Disregarding child maintenance payments in the means test for social welfare payments will mean that many lone parents currently on a reduced rate of payment will see their payment increase and some additional lone parents will qualify for a payment. It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents at a cost of approximately €10 million per year.

The rules in relation to the means test are set out in primary legislation. They are one of the provisions that determine whether a person qualifies for payment and the key factor in determining a person’s rate of payment. As such it would not be appropriate to amend those arrangements on an administrative basis.

I was delighted to publish the necessary primary legislation before Christmas and I am very pleased at how quickly we have been able to bring the Bill through the Houses of the Oireachtas. Once the Bill is enacted I intend to commence its provisions in early course.

I trust this clarifies the position for the Deputy.

Gerald Nash (Louth, Labour)
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236. To ask the Minister for Employment Affairs and Social Protection if she plans to change the legislation to allow for workers in receipt of widows/widowers pension to be in a position to qualify for illness benefit when they are unfit for work; and if she will make a statement on the matter. [9851/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Illness benefit is the main income support provided to those who cannot work due to illness of any kind and who are covered by social insurance.

Widow’s/widower’s/surviving civil partner’s pension (contributory) is a weekly social insurance payment to those who have lost their spouse or civil partner and are covered by social insurance.

There is a general principle of one person, one payment, which applies across the social welfare system. Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time, but, generally, they can receive only one payment. This principle is common to social security systems across the world.

As a general rule, people on widow’s/widower’s/surviving civil partner’s pension (contributory) cannot be in receipt of an overlapping second payment, for example illness benefit, at the same time. This does not affect the customer's entitlement to credited contributions, to maintain the continuity of their PRSI record, while they are unable to work due to illness.

If a customer is getting a reduced rate of widow’s/widower’s/surviving civil partner’s pension (contributory), they may also get a reduced rate of illness benefit, so that the combined amount of both payments is not greater than the maximum rate of illness Benefit to which they would otherwise be entitled. Further exceptions to the one person, one payment rule and more information on the operations of the scheme are available at gov.ie.

With regard to additional supports, my Department also provides an additional needs payment under our supplementary welfare allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

The payment is available to anyone who needs it and qualifies, whether the person is currently on a social welfare payment or in employment. The payment amount will depend on a person’s weekly household income, their outgoings and the type of assistance needed. Payments are made at the discretion of the Community Welfare Officers administering the scheme, considering all the circumstances of the case.

My Department keeps its schemes and supports under review to make sure they continue to meet their objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context.

Bernard Durkan (Kildare North, Fine Gael)
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237. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) can obtain an appropriate allowance while supplementing any income from part-time work; and if she will make a statement on the matter. [9898/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department provides a range of income supports for people who are parenting alone including the One-Parent Family Payment.

One-Parent Family Payment (OPFP) is a payment for parents under 66 years who are parenting without the support of a partner and whose youngest child is under 7 years of age. This scheme includes an earnings disregard whereby the first €165 of weekly earnings are not assessed as part of the means test. In addition, 50% of earnings above €165 per week are also disregarded in the means test. If the person concerned is separated, divorced or no longer in a civil partnership, they must be living apart for three months.

The person can attend their local Social Welfare Branch Office in Maynooth to complete an OPFP application form. The application will be processed promptly, and the person will be advised of the outcome in writing.

The person concerned can also apply for a Working Family Payment (WFP). This is a weekly in-work support which provides an income top-up for employees with children on low earnings. Amongst other qualifying conditions the person must have at least 1 eligible child who normally resides with them and be working a minimum of 38 hours per fortnight in ongoing insurable employment. The quickest and easiest way for the person to apply for a WFP is online using the MyWelfare.ie service.

Information on all schemes and payments administered by my Department can be found at www.gov.ie.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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238. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) can qualify for domiciliary care allowance in respect of their son; and if she will make a statement on the matter. [9899/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child to deal with the activities of daily living, in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues, including any other additional needs.

While an assessment or diagnosis of a child's specific disability may assist the decision and assessment process in any individual case, eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the disability, in terms of the associated level of care and attention required by the child compared to a child of the same age. The decision process that applies in the consideration of whether a child meets the conditions for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.

The Deciding Officer has regard to the professional opinion of a departmental Medical Assessor in all cases.

An application for DCA in respect of their child was received by my Department from the person concerned on 10 January 2024. A Deciding Officer disallowed their claim as per decision dated 6 February 2024. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination also considered the supporting medical evidence that was provided by the person concerned in their application. The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in the decision process and a copy of this opinion was issued to the applicant for information, along with the decision notification.

As advised in the decision notification of 6 February 2024, it is open to the person concerned to request a review(s) of the Deciding Officer's decision and this right of review is not time limited. If requesting a review(s) of the Department's decision, the person concerned may forward any further new or additional information and/or documentary evidence if/when available for re-consideration, such as a diagnostic assessment report(s), medical professional report(s) or otherwise.

It is also open to the person concerned to appeal the decision directly to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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239. To ask the Minister for Employment Affairs and Social Protection the extent to which a person (details supplied) can qualify for carer's allowance; and if she will make a statement on the matter. [9901/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I confirm that an application for CA was received from the person concerned on 27 November 2023.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

It is a condition for receipt of CA that the applicant’s means are less than the statutory limit.

Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property, (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.

The application for CA was disallowed on the grounds that person concerned was engaged in employment for more than 18.5 hours per week and their means were determined to exceed the statutory limit.

The person concerned was notified on 19 January 2024 of this decision, the reason for it and of their right of review and appeal.

On foot of this parliamentary question, the file has been sent for review. If the person concerned has further evidence to support their request for a review, it should be submitted as soon as possible.

I hope this clarifies the position for the Deputy.