Under the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1), the Government, having regard to the manifest and grave risk to human life and public health posed by the spread of Covid-19, extended the Social Welfare Acts to provide for entitlement to illness benefit for persons who have been diagnosed with, or are a probable source of, infection with Covid-19.
The rate of payment of the enhanced Illness Benefit payment in respect of COVID-19 is higher than the normal maximum personal rate for a limited period. The measures were designed to ensure that where a registered medical practitioner or a HSE medical officer diagnoses a person with COVID-19 or identifies him or her as a probable source of infection of COVID-19, the person concerned can comply with medical advice to isolate, while having their income protected. This is essential to limit and slow down the spread of the virus, to keep the number of people affected to a minimum, and to reduce a peak of cases which would cause extreme pressure on the health system.
The enhanced rate of Illness Benefit was brought in as a short-term public health measure and is not a long-term income support payment. It is payable for 2 weeks where a person is isolating as a probable source of infection of COVID-19 and for up to 10 weeks where a person has been diagnosed with COVID-19. Certification by a registered medical professional is required to support any claim for the special COVID-19 Illness payment. There are no waiting days in respect of the enhanced illness benefit payment. Only one contribution is required in the four weeks before the claim, thereby making the payment more accessible.
Where a medical practitioner advises a person to remain away from work because an underlying medical condition means they are unable to work safely, then the standard Illness Benefit payment may be made, subject to the conditions of the scheme being satisfied.
It should be noted that employers are asked to facilitate remote working where possible – in this situation people should remain on full pay from the employer. The Return to Work Safely Protocol provides that if an at-risk or vulnerable worker cannot work from home and must be in the workplace, employers must make sure that they are preferentially supported to maintain a physical distance of 2 metres.
From the outset of COVID-19, many employers will have taken the initiative, in line with subsequent requests from the Government, to be as flexible as possible in allowing staff time off where required. Employers have a general duty of care towards their workers and that care is often expressed in the form of negotiation, compromise and flexibility. Some of the options to be considered for workers with responsibilities that preclude them from working their normal hours in the normal, pre-COVID-19, manner may include:
- offering paid compassionate leave
- allowing employees to work from home
- altering shifts, so that employees can co-ordinate caring between themselves and partners, or another person
- allowing employees to take or rearrange annual leave
- allowing employees to rearrange parental leave
- allowing employees to take paid time off that can be worked back at a later time etc.
- allowing employees to take unpaid leave until they can return to work full or part-time.
In general, if people are struggling financially, they can apply for Supplementary Welfare Allowance which is a means-tested payment.
I trust this clarifies matters for the Deputy.
