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Social Welfare Code

Dáil Éireann Debate, Wednesday - 28 September 2022

Wednesday, 28 September 2022

Questions (198)

Claire Kerrane

Question:

198. Deputy Claire Kerrane asked the Minister for Social Protection the reason self-employed individuals who are in receipt of disability-related social welfare supports are subject to an annual review of income that is based on six months of the year and may not be reflective of their annual income; the reason this assessment of self-employed recipients of disability-related supports differs from annual levies of other self-employed individuals, which are usually at the end of a year; and if she will make a statement on the matter. [47472/22]

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Written answers

My Department provides a number of income supports for those unable to work due to illness or disability. These include insurance-based schemes, based on Pay Related Social Insurance (PRSI) contributions, and means-tested social assistance schemes.  

The primary disability related social assistance scheme is the Disability Allowance, which is a means-tested payment for people with a specified disability who are aged between 16 and 66.  In addition to the means test, in order to be eligible, the disability must be expected to last for at least one year.  The allowance is also subject to a medical assessment and a habitual residency requirement.  

At the end of June 2022, there were 156,000 recipients of Disability Allowance, including some 14,750 persons in employment / self –employment while receiving a payment under the scheme.

The other smaller disability related scheme is the Blind Pension, which is a means tested payment paid to blind people and certain people with low vision, aged between 18 and 66, who are habitually resident in the State.  

At the end of June 2022, there were 1,014 recipients of the Blind pension, including some 50 persons in employment/self –employment while receiving a payment under the scheme.

Both the Disability Allowance and the Blind Pension are structured to support recipients to avail of employment opportunities, be that self-employment or insurable employment. When an individual commences employment, they can avail of an income disregard of €140 per week. In addition, 50% of earnings between €140 and €375, are also disregarded for the purpose of the means test. 

When a customer informs the Department of a commencement of self-employment, a review will not be undertaken for a period of 12 months after the commencement of self-employment.  The Department writes out to the client informing them of this procedure and advising them to keep all receipts etc. as an Officer of the Department will be reviewing earnings in 12 months’ time.  

The onus is on customers to inform the Department of any changes in their circumstances. This is provided for in legislation and recipients of the Disability Allowance and Blind pension sign a declaration to this effect when they make their application for the scheme.  An example of a change in circumstances includes where a claimant takes up employment or self-employment.

When income from employment or self-employment is being assessed it is divided by 52 to ascertain a person’s weekly means. The means assessment is intended to reflect the income the person may reasonably be expected to receive during the coming 12 months. Where this is not ascertainable otherwise, the income for the last 12 months can be taken as a guide, allowing for any factors which it is known will vary.  Assessing a person’s income in this manner takes account of the fact that some people’s income may be irregular, and they will earn more during some periods than others.

It is important to note that reviews of Disability Allowance and Blind Pension payments are carried out where a claimant requests same, for example where a person is self-employed and experiences a change in their income and/or if s/he feels their payment, under a scheme, needs to be adjusted. 

It would be rare that a review would be undertaken or requested after six months.

Separately, the Department also has an important control function, under which systematic, periodic reviews are carried out to confirm that all eligibility conditions (such as household means, medical and habitual residency requirements) continue to be fulfilled and that no disqualifications from receiving such payments have arisen and to avoid situations where overpayments are made.  As above, in this context Officers, when reviewing means as one part of the eligibility requirements, take into account that some people’s income may vary (for both persons in self-employment and those in insurable employment) and that they may earn more during some periods than others.

I trust that this clarifies the matter for the Deputy.

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