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Social Welfare Benefits Eligibility

Dáil Éireann Debate, Thursday - 27 March 2014

Thursday, 27 March 2014

Questions (99)

Paul Connaughton

Question:

99. Deputy Paul J. Connaughton asked the Minister for Social Protection the reason persons on community employment schemes cannot avail of a widower's pension, when if they were in other employment, they would be allowed to also receive their widower's pension; if exceptions can be made to this and if so, under what circumstances; and if she will make a statement on the matter. [14503/14]

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Written answers

Persons on Community Employment (CE) schemes cannot avail of widower's pension while simultaneously receiving CE payments as this constitutes a double payment of allowances, which is prohibited under social welfare legislation.

Under Section 12 of the Social Welfare Act 2011, a person is disqualified from receiving certain social welfare payments when commencing participation on CE on or after 16 January 2012. This disqualification does not apply to employment outside of CE.

Persons who were already engaged on CE, at the time this measure was introduced, can retain their widows/widowers pension until they have either exhausted their time on CE, or reached retirement age, or reached the final cut-off date (31 December 2014) for the receipt of simultaneous payment of CE allowances and their original social welfare payment, whichever occurs first.

The following revised reply was received on 1 December 2014:

Persons on Community Employment (CE) schemes cannot avail of widower's pension while simultaneously receiving CE payments as this constitutes a double payment of allowances, which is prohibited under social welfare legislation.

Under Section 12 of the Social Welfare Act 2011, a person is disqualified from receiving certain social welfare payments when commencing participation on CE on or after 16 January 2012. This disqualification does not apply to employment outside of CE.

Persons who were already engaged on CE at the time this measure was introduced can retain their widows/widowers pension until they have either exhausted their time on CE, or reached retirement age, or reached the final cut-off date (31 December 2014) for the receipt of simultaneous payment of CE allowances and their original social welfare payment, whichever occurs first.

Note: The last sentence should read “Persons who were already engaged on CE at the time this measure was introduced can retain their widows/widowers pension until they have either exhausted their time on CE, or reached retirement age, whichever occurs first.”

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