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Rights of People with Disabilities

Dáil Éireann Debate, Wednesday - 13 July 2022

Wednesday, 13 July 2022

Questions (383, 384)

Gary Gannon

Question:

383. Deputy Gary Gannon asked the Minister for Social Protection if she will examine regulations that exclude persons with disabilities from entering into self-employment; and if she will make a statement on the matter. [38779/22]

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Gary Gannon

Question:

384. Deputy Gary Gannon asked the Minister for Social Protection if she will make the blind pension, disability allowance and or the invalidity pension a secure support for disabled persons in self-employment which would level the playing field with non-disabled persons. [38780/22]

View answer

Written answers

I propose to take Questions Nos. 383 and 384 together.

My Department provides income supports for those unable to work due to illness or disability. There is a range of schemes available to people who make Pay Related Social Insurance (PRSI) contributions. Entitlement to such schemes is dependent on the individual's social insurance contribution record, the class of social insurance paid as well as satisfying other qualification criteria. Illness Benefit and Invalidity Pension are two such non means tested income supports.

The Partial Capacity Benefit scheme allows a person who is in receipt of Invalidity Pension or Illness Benefit (the latter for 26 weeks) to enter or return to employment or self-employment and continue to receive a partial or full payment. Following a medical assessment, if a person's restriction regarding their capacity for work is rated as moderate, severe or profound their payment continues at 50%, 75% or 100% of their previous payment while in employment. Partial Capacity Benefit has also been designed so there are no restrictions/limits on earnings from employment or on the number of hours a person can work.

A person who has an insufficient PRSI contribution record may apply for the appropriate means-tested social assistance scheme. Disability Allowance and Blind Pension are two such schemes, which are also subject to a medical assessment and habitual residency requirement.

Both Disability Allowance and Blind Pension have been designed to support recipients to pursue employment opportunities, be that self-employment or insurable employment. When a person commences employment, an income disregard of €140 per week is applied. In addition, 50% of earnings between €140 and €375 are also disregarded for the purpose of the means test.

The Back to Work Enterprise Allowance scheme has been designed to support persons, including persons with disabilities, to become self-employed. It allows a person to retain 100% of their payment in year one and 75% in year two. This includes any increases for a qualified adult, and qualified children in payment.

It is worth noting, that under the Roadmap for Social Inclusion and Pathways to Work strategies, the Department has committed to developing and consulting on a ‘strawman’ proposal for the restructuring of long-term disability payments to - simplify the system, remove inconsistencies/anomalies, recognise the continuum of disability and to support employment. Work is currently underway within the Department, with a public consultation process to commence in due course.

Question No. 384 answered with Question No. 383.
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