Robert Molloy
Question:26 Mr. Molloy asked the Minister for Social Welfare the changes, if any, proposed in the special PRSI provisions applying to share fishermen; and if he will make a statement on the matter. [4036/97]
Written Answers. - Social Insurance for Share Fisherman.
I have had a review of the insurability position of share fishermen and women for social insurance carried out in the Department. Taking account of the working arrangements which apply to this group of workers, and the ruling of the European Court of Justice in the "Agegate" case, the legal advice available to the Department confirms that those persons who are employed under contract of service conditions are insurable at the ordinary class A rate and are eligible for all benefits. This situation applies under the present legislation and, therefore, amending legislation is not required.
Persons who are employed under contract for service conditions, such as self-employed persons or partners in the venture are insurable at class S i.e. the self-employed categories. The situation was explained to representatives of the fishing industry whom I met on 14 January last.
The new arrangements come into effect immediately and share fishermen who are not self-employed nor partners in the venture should apply to their local social welfare officer if they have a claim for unemployment assistance — unemployment benefit, disability benefit or occupational injuries benefit, and their claims will be processed as quickly as possible.
Because of the long and complex history of this issue, there are a number of issues with regard to eligibility which have to be resolved and a small number of cases may have to be referred for decision to the scope section of the Department which deals with insurability matters.
A working group in the Department examined these issues and an explanatory leaflet is being issued which includes guidelines about insurability of employment, registration for payment of PRSI and review by the Department of claims to benefit which may have been affected by the change in treatment regarding the rate of PRSI payable.
The leaflet will be issued this week to each such person paying class S contributions.
Any person who wishes to have a decision regarding the insurability of his or her employment should apply to the scope section at Marlborough Street, Dublin 1.