Dáil Éireann Debate, Tuesday - 17 May 2022
506. Deputy Claire Kerrane asked the Minister for Social Protection the consideration that has been given to the provision of pension and maternity leave benefits for women farmers; and if she will make a statement on the matter. [24636/22]
Amharc ar fhreagraCurrently, self-employed social insurance contributors, including men and women farmers, can qualify for a wide range of benefits, including the State Pension (Contributory) and Maternity/Paternity Benefit.
Since 2014, following amendments to the relevant provisions of the Social Welfare Consolidation Act 2005 to transpose EU Directive 2010/41/EU on the application of equal treatment between men and women engaged in self-employment activity, the spouse or civil partner of a self-employed person can benefit from social protection in accordance with the qualifying criteria set in national law.
The amendments mean that liability for social insurance contributions has been extended to the spouses and civil partners of self-employed contributors who are not formal business partners or employees, where they perform the same, or ancillary tasks. The liability of spouses and civil partners to make self-employment contributions is subject to the established provisions that apply to all self-employed contributors, including the requirement to declare reckonable annual income of at least €5,000.
While these provisions act to facilitate the spouse or civil partner of a self-employed contributor to become a self-employed contributor, I can also advise the Deputy that children within farming families that are aged over 16 years, can also become self-employed contributors within a family business partnership model. This arrangement applies where at least two family members operate a business in partnership, including farming, and where they share profits of the business or farm. In that circumstance, each business partner is insurable as a self-employed contributor in their own right, provided that each partner reaches the annual reckonable income threshold of €5,000. It is important that all farm partnerships are registered on the Register of Farm Partnerships that is maintained by the Department of Agriculture, Food, and the Marine.
While my Department keeps all matters under review, I am satisfied that the current legislative provisions concerning family employment and social insurance coverage achieves the necessary balance between establishing a formal and uniform system while acknowledging the informal and varied practicalities inherent in family operated enterprises, including farming.
I trust that this clarifies the matter for the Deputy.
