Dáil Éireann Debate, Tuesday - 30 January 2024
373. Deputy Paul Murphy asked the Minister for Social Protection in relation to comments made by the Secretary General of her Department at the Public Accounts Committee (PAC) (details supplied), to correct the record with the PAC that sample/test cases were and are used to ensure that the same conclusion is reached in cases, contrary to the erroneous information given to the PAC. [3952/24]
View answerThere is no requirement to correct the record with the Public Accounts Committee and the suggestion by the Deputy that erroneous information was given to the PAC is unfounded. In fact, if the Deputy reads the transcripts of both meetings, he will see that the Secretary General and the Chief Appeals Officer were consistent in what they said. They both stated that decisions with respect to insurability of employment decisions are made through the application of criteria agreed with the Social Partners and published in the Code of Practice on Determining Employment Status.
As I have previously outlined to the Deputy these criteria were developed from a review of a number of sample or so-called ‘test cases’ in the 1990s. The examination of these cases, taking account of case law from the courts, allowed the identification of five criteria that could be used by Deciding Officers and Appeals Officers when making decisions in relation to the correct class of PRSI applying to a worker’s employment. The objective in doing this was to ensure consistency in decision making, something which I am sure the Deputy will accept is a necessary part of public administration.
The criteria identified from the examination of these cases formed the basis of the approach subsequently agreed with the Social Partners under the Programme for Prosperity and Fairness and set out in the Code of Practice on Determining Employment Status. These criteria are applied by Deciding Officers and Appeals Officers in my Department on each occasion that they assess the PRSI status of a worker’s employment. Employment status decisions are not made by the Department or the Social Welfare Appeals Office without an investigation having been carried out into the actual circumstances of the person's employment with each decision being based on the application of the five criteria to those circumstances.
I trust that this clarifies the matter.
