Paul Kehoe
Question:644. Deputy Paul Kehoe asked the Minister for Social Protection the status of the partial capacity benefit for a person (details supplied); and if she will make a statement on the matter. [40309/23]
View answerWednesday, 20 September 2023
Questions (644)
Written answers
Partial Capacity Benefit is a scheme which extends the Illness Benefit and Invalidity Pension schemes to recognise and respond to the reality that some people in receipt of these payments have a capacity to engage in open market employment while continuing to need to receive some income support from the State.
People in receipt of Invalidity Pension or Illness Benefit (the latter for a minimum of 26 weeks) who wish to return to work are eligible for Partial Capacity Benefit if their capacity for work is reduced as a result of their medical condition.
The person concerned has been in receipt of Partial Capacity Benefit since 2017 with additional allowances for an increase for a qualified adult (IQA) and two qualified children. Their third child was born in July 2019. The person concerned did not apply to have a third child added to their claim until May 2023, when a reassessment form issued to them.
When the payment and allowances were reassessed in 2023, it transpired that this person no longer had an entitlement to the allowances for Qualified Adult/Children as information available to the Department indicates that his spouse is employed and has earnings above the statutory limit for receipt of IQA and IQC.
The person concerned also requested backdating of the Increase for a qualified child (IQC) allowance in respect of their third child.
The legislation provisions allow for backdating where throughout the period between theearlier date and date on which the claim is made:
• There was a good cause for the delay in making the claim.
• The failure to claim within the prescribed time arose as a result of information suppliedby staff of the Department to the person concerned or to his/her appointed agent.
• The delay arose because the person was so incapacitated by illness or infirmitybetween the date that the claim can be legally backdated to (maximum 6 months) tothe date of receipt of the claim to such an extent that the claimant could not have beenexpected to make a claim or appoint an agent to act on his/her behalf.
My Department reviewed the eligibility for backdating. However, the evidence submitted does not show throughout the period that the criteria for applying backdating had been met and, therefore, the request for backdating was disallowed. The person was advised of this on 30 June 2023 and 4 August 2023 along with their right to appeal to the independent Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.