One Parent Family Payment and casual work

tweety2126

Hi
I have been in receipt of OPFP for a couple of years now and I have been working part time covering sick leave and annual leave (normally approx 8 weeks per year). I was fortunate enough to have work continuously for the last 6 months exactly covering someone on sick leave. SW knew my employment status and said that I would be means tested and that I would be reveiwed on a yearly basis in order to calculate the means. Recently my payment was under reveiw and I sent in my last 4 payslips. I received a letter today saying my payment has been disallowed because I earned over €425. I also owe them over €3000 in overpayments. I have had no work in the last few weeks at all and I have no work lined up in the coming weeks/months.
Is there anything I can do? I have no income whatsoever at the moment and will be paying SW €10 per week. I also have 2 small children to raise.
Like I said, this is only casual/part-time work and I have no upcoming work. Can SW do this?

Lugh Ildanach

If your means have changed, then ask for a reassessment/review based on the new circumstances. If unsuccessful you could appeal the decision. Alternatively you could submit a new application based on your new circumstances.

While your application is under consideration or under appeal, you can apply to the Community Welfare Officer for Supplementary Welfare Allowance, which is only 2 Euro less than OPFP payment (although without any disregards for income from employment or maintenance)

eastbono

tweety2126 wrote: »

Hi
I have been in receipt of OPFP for a couple of years now and I have been working part time covering sick leave and annual leave (normally approx 8 weeks per year). I was fortunate enough to have work continuously for the last 6 months exactly covering someone on sick leave. SW knew my employment status and said that I would be means tested and that I would be reveiwed on a yearly basis in order to calculate the means. Recently my payment was under reveiw and I sent in my last 4 payslips. I received a letter today saying my payment has been disallowed because I earned over €425. I also owe them over €3000 in overpayments. I have had no work in the last few weeks at all and I have no work lined up in the coming weeks/months.
Is there anything I can do? I have no income whatsoever at the moment and will be paying SW €10 per week. I also have 2 small children to raise.
Like I said, this is only casual/part-time work and I have no upcoming work. Can SW do this?

You say sw were aware of your employment status... i presume they were aware of you 8 weeks a year work not of your continuous work for 6 months... the onus was on you to let them know that you were covering someone on sick leave . The reason you were only being reviewed on a yearly basis was because of your 8 weeks a year work. Did you notify them that you had 6 months work. What time scale did you work from Oct to Apr...etc. If your work has now ceased get back onto them as normally if you only work for 6 months your earnings would be averaged over 12 months but at the end of they day you should have notified them that you were in continious employment for 6 months. BTW fair play to you for getting working for 6 months when jobs are so scarce.

mrsbyrne

when did SW last review your employment status?did you not know at the time of the review that you would be getting 6 months continuous work?as lug and eastbono have already pointed out you will have to go down the reapplying/appeal/SWA route.:( its such a pity you did not let them know you had improved circumstances. yes, you would have lost your OPFP, but depending on how much over the €425 it was you may have qualified for a FIS payment instead.
http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/family_income_supplement.html
im also wondering if you were in steady employment for the last number of years, albeit on a part-time basis, would you actually be entitled to jobseekers benefit?
http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/unemployed_people/jobseekers_benefit.html
do east bono or lugh or any other luminaries think its worth a look?:o
sorry, but as others have said it was your responsibility to let them know that you were working full time. its a tough spot for you to be in now with two kids. i hope it works out for you.

eastbono

Hi Mrs Byrne
OP would not have qualified for FIS as it appears she was working only 8 weeks out of the year. To quality for FIS you would have to be in continuous employment of over 19 hrs per week. That is my understanding of FIS.

OP may have been able to apply for JSB depending on the number of contributions she had paid in the GCY and also total number of contributions overall. When in receipt of OPF you are only entitled to half rate JSB.

mrsbyrne

thanks eastbono
should have made myself clearer, would she not have qualified for FIS when she got the 6 months work that has now apparently disqualified her from OPFP?if she had informed OPFP that she was going to have 6 months work earning in excess of €425 per week, i thought maybe she would have got FIS if she fulfilled the other criteria. or maybe the employer couldn't have guaranteed her the necessary 3 months. I suppose its pointless surmising now when shes entitled to neither. im great for telling people what they could've had:rolleyes:
looking back at the OP it doesnt look as if she would make the PRSI for the JSB either. Pity.

eastbono

mrsbyrne wrote: »

thanks eastbono
should have made myself clearer, would she not have qualified for FIS when she got the 6 months work that has now apparently disqualified her from OPFP?if she had informed OPFP that she was going to have 6 months work earning in excess of €425 per week, i thought maybe she would have got FIS if she fulfilled the other criteria. or maybe the employer couldn't have guaranteed her the necessary 3 months. I suppose its pointless surmising now when shes entitled to neither. im great for telling people what they could've had:rolleyes:
looking back at the OP it doesnt look as if she would make the PRSI for the JSB either. Pity.

Your right she could have applied for FIS while working for the 6 month period.
OP can now re-apply for OPF as she is no longer over the earning threshold. When her new claim is processed she will probably be asked to pay perhaps €10 per week off her overpayment.

tweety2126

Hindsight is a wonderfull thing! If I had known it would result in 6 months work, then of course of would have informed them. It was on a week to week basis. SW told mr they would reveiw my means each year. I really don't want to go down the appeal route. The last time I appealed, it took 18 months and I won my appeal. What should be my course of action next?

eastbono

Re-apply for OFP as you are no longer in employment and while you are waiting for it to be processed go to your community welfare officer and apply for supplemenary welfare allowance.

tweety2126

Thank you for all your advice. Can I just go to SW and re-apply or is there a waiting period, as my case is still open and awaiting an appeal? Thanks again.

eastbono

tweety2126 wrote: »

Thank you for all your advice. Can I just go to SW and re-apply or is there a waiting period, as my case is still open and awaiting an appeal? Thanks again.

Why is there an appeal... I am presuming you are appealing the decision that you were overpaid. Go to your local sw office and tell them the facts that you are no longer in employment... I cant see why they would not put it into payment and await for the appeal on the overpayment. If your claim is still open or they re-open it, go to your community welfare officer and apply for supplementary welfare allowance while your opf is being processed.

tweety2126

I am not appealing the overpayment. If I was paid too much and I owe it then that is fair enough. I was disallowed because my earnings were over €425 for the 6 months. In the letter, it stated I could appeal that decision. I am going to ring them in the morning and maybe I will know more then.
Thanks again

eastbono

You are now unemployed so you should re-apply for OPF and it should be approved. Go to your sw office and apply for OPF.. once this is up and pending on the system you will be able to go to your community welfare officer and apply for supplementary welfare allowance and hopefully have some money to live on until your OPF is approved.