Dáil Éireann Debate, Wednesday - 19 January 2022
1062. Deputy Holly Cairns asked the Minister for Social Protection the steps she is taking to ensure that PAYE and PRSI payments paid by or on behalf of undocumented workers can be counted towards social welfare payments; and if she will make a statement on the matter. [2619/22]
View answerWith limited exceptions, social welfare legislation provides that persons over the age of 16 and under the age of 66 who are employed under a contract of service or apprenticeship shall be employed contributors for the purposes of the Social Welfare Consolidation Act 2005 (as amended).
However, an employment contract which is deemed to be unlawful because the worker does not have a work permit or permission to be in the State, cannot be regarded as a contract of service for the purposes of the social insurance provisions of the Act. This position was underpinned by a recent Supreme Court judgment.
Regarding the steps being taken to support undocumented workers, I can advise the Deputy that following Government agreement, my colleague, the Minister for Justice, is establishing a scheme to regularise long-term undocumented persons in the State. One of the key benefits of this scheme will be that those whose status in the State is regularised will, accordingly, have an opportunity to work legally in the State and contribute to and benefit from the social insurance system in the future.
I trust that this clarifies the matter for the Deputy.
