Dáil Éireann debate -
Wednesday, 28 Nov 2001

Vol. 545 No. 2

Written Answers. - Social Welfare Code.

Jim O'Keeffe

Question:

134 Mr. J. O'Keeffe asked the Minister for Social, Community and Family Affairs if he has had consultations arising from the High Court decision in October 2001 to classify share fishermen as self-employed; his views on the need to put in place specific measures tailored to meet the needs of the industry; and if he will make a statement on the matter. [30087/01]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

The employment status of share fishermen for social insurance purposes has been considered by the High Court, hearing two appeals on a question of law under section 271 of the Social Welfare Consolidation Act, 1993 against a determination of the chief appeals officer of the social welfare appeals office. A judgment in this matter was delivered on 2 October last. The High Court held that share fishermen who offer their services to boat owners and skippers in the manner which is customary in the industry do so as self-employed co-venturers or partners with boat owners or skippers and are not employed under a contract of service.

Accordingly, share fishermen engaged in the customary manner are insurable under class S as self-employed persons. However, they may enhance their PRSI cover by availing of an optional scheme of social insurance – class P – which was introduced in 1994.

This scheme gives share fishermen the option, on the payment of an additional contribution, of enhancing their social insurance cover over and above that available to other self employed persons. Payment of the additional contribution provides limited cover for disability benefit and unemployment benefit as well as full cover for treatment benefits.

My Department will give detailed consideration to the decision of the High Court in this matter. When this process is completed I will bring forward such proposals as are deemed necessary in the context of the social insurance needs of those who are engaged in the industry.

Liam Aylward

Question:

135 Mr. Aylward asked the Minister for Social, Community and Family Affairs if he will consider including persons in receipt of pre-retirement scheme for the free schemes available from his Department; and if he will make a statement on the matter. [30088/01]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

In general, the free schemes are available to people aged 66 or over, people with disabilities and carers who are in receipt of certain social welfare payments and who are either living alone, or who otherwise satisfy the living alone condition.

The free schemes share a common set of objectives in the area of social inclusion. These are to provide assistance to those living alone by targeting them with specific benefit providing both income and social inclusion gains; to support older people and people with disabilities in their wish to remain in the community as opposed to institutional care; and to support Government policy which seeks to acknowledge the value of older people in society.

The many demands to extend the free schemes to other groups, have been examined using the above objectives as the criteria for decision. In this regard, it is noted that people under age 66 years, including those in receipt of pre-retirement allowance, may experience social exclusion but they are not necessarily groups in need of community care support nor do they experience the same physical risks of isolation as older people and people with disabilities. Accordingly, they would not be regarded as an appropriate group for free schemes eligibility.

However, the current arrangements for the free schemes will be kept under review in the context of the forthcoming budget.