James Lawless
Ceist:434. Deputy James Lawless asked the Minister for Social Protection if she will examine a case (details supplied); and if she will make a statement on the matter. [11026/23]
Amharc ar fhreagraTuesday, 7 March 2023
Ceisteanna (434)
Freagraí scríofa
The person concerned applied for Jobseekers Benefit (Self Employed) (JBSE) on the 12/01/2023 and requested that their claim be backdated to the 01/01/2023. No reason for late application was given. Their claim was disallowed on the basis that they were still engaged as a self employed contributor, their rental income had not ceased and therefore they had not ceased all self employment activities.
The entitlement conditions for JBSE include that a person satisfies the contribution conditions and is not engaged in employment or self employment.
A disallowance letter was issued to the person concerned on the 23/01/2023 and they were advised that they had until the 13/02/2023 to appeal the decision. As no appeal was received, the claim for JBSE was closed.
In relation to their possible application for Benefit Payment for over 65 (BP65) on reaching their 65th birthday, this scheme is based on JBSE legislation. The person concerned has stated that their rental income is ongoing, therefore their self employment will be deemed ongoing and he would not be considered as having ceased self employment for the purposes of qualifying for BP65.
However, as the person concerned has yet to reach their 65th birthday, this Department is not in a position to predict a future entitlement as circumstances may change in the future. The person concerned should submit and application for BP65 upon reaching the age of 65 and an official decision will be issued.