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Working full time temporarily while getting Partial Capacity Benefit

  • 05-08-2014 6:31pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I'm currently getting Partial Capacity Benefit (50%) and working part time (usually 20 - 25 hours a week).

    My boss is putting me under pressure to work full time for an as yet unspecified period of time to cover holidays and some departures from the company. Just wondering where I would stand in terms of Social Welfare. Are they likely to come down on me like a ton of bricks immediately or is there such a thing as a "grace period" be it official or unofficial that would be allowed. I'm finding it very hard to pin down an exact time frame for how long I'd be needed full time.

    I'm very reluctant to do it as if I did lose the PC benefit the chances of the company being able to make me full time permanently are fairly slim and I was fairly surprised to re-qualify for the PC benefit this year.

    I know technically there's no limits on the amount of hours you can work while getting PC benefit but at the same time, I'm sure Social Welfare wouldn't look too kindly on someone working full time for an extended period of time.


Comments

  • Registered Users, Registered Users 2 Posts: 56 ✭✭Redo22


    I'm currently getting Partial Capacity Benefit (50%) and working part time (usually 20 - 25 hours a week).

    My boss is putting me under pressure to work full time for an as yet unspecified period of time to cover holidays and some departures from the company. Just wondering where I would stand in terms of Social Welfare. Are they likely to come down on me like a ton of bricks immediately or is there such a thing as a "grace period" be it official or unofficial that would be allowed. I'm finding it very hard to pin down an exact time frame for how long I'd be needed full time.

    I'm very reluctant to do it as if I did lose the PC benefit the chances of the company being able to make me full time permanently are fairly slim and I was fairly surprised to re-qualify for the PC benefit this year.

    I know technically there's no limits on the amount of hours you can work while getting PC benefit but at the same time, I'm sure Social Welfare wouldn't look too kindly on someone working full time for an extended period of time.

    Sorry I don't know the answer to your question but how would the dept know how many hours you were actually working? I would say though don't feel under pressure by your boss- if you are on partial capacity benefit then you are deemed unable for fulltime work if I'm correct? He should pay attention to that!

    I'm currently applying for partial capacity benefit but only want 11-16 hours a week. Do you mind me asking how long your application took to process and if it was difficult to get? Quite worried about applying


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Redo22 wrote: »
    if you are on partial capacity benefit then you are deemed unable for fulltime work if I'm correct? He should pay attention to that!

    I'm currently applying for partial capacity benefit but only want 11-16 hours a week. Do you mind me asking how long your application took to process and if it was difficult to get? Quite worried about applying

    Originally I was on Illness Benefit following a 8-month illness and working part time under the old Rehabilitative Work Scheme. That only lasts for 2 years I think. After that, I just re-qualified automatically for Illness Benefit after 6 weeks. In 2012, the Rehabilitative Work scheme was stopped and then I had to apply for Partial Capacity Benefit.

    I was re-assessed back in February of this year and that took about 6 weeks to hear back.


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22




  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    This post has been deleted.


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Here is a link to that doc (I think it is the one you quote)

    https://www.welfare.ie/en/downloads/S.I.-340-of-2013.pdf


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  • Registered Users, Registered Users 2 Posts: 1,862 ✭✭✭Cushie Butterfield


    The Partial Capacity Benefit scheme recognises that people in receipt of Invalidity Pension or who have been receiving Illness Benefit for a minimum of 6 months may be unfit for the work they normally carry out but they may be capable or working at another occupation. The scheme is designed in particular to respond to the needs of people who currently have or have had an exemption to engage in rehabilitative employment & everyone else in receipt of these payments going forward.

    The limits on hours worked which applied under the previous 'exemption' arrangements do not apply to the Partial Capacity Benefit scheme. Unlike the old 'exemption' arrangements there is no requirement that the work a person does while on Partial Capacity Benefit has to be for rehabilitative or therapeutic purposes. So, if you qualify for Partial Capacity Benefit, there are no restrictions on the number of hours you work or on the income you may earn and you may continue to receive some or all of your Invalidity Pension or Illness Benefit payment, depending on the degree of your incapacity as determined by DSP medical assessors.

    If you are assessed as having a profound restriction on your capacity for work, you continue to be paid your Invalidity Pension or Illness Benefit at the same rate as before. The maximum personal rate of these payments is currently €193.50 a week for Invalidity Pension and €188 a week for Illness Benefit. Increases for qualifying adults and children also apply.

    If you are assessed as having a severe restriction of your capacity to work, your payment would be €145.13 a week in the case of Invalidity Pension (a reduction of €48.37) or €141.00 a week in the case of Illness Benefit (a reduction of €47). Increases for qualified adults and children also apply

    If you are assessed as having a moderate restriction of your capacity to work, your payment would be €96.75 a week in the case of Invalidity Pension (a reduction of €96.75) or €94 a week in the case of Illness Benefit (a reduction of €94). Again, increases for qualified adults and children also apply.


    If you are assessed as having a mild restriction on your capacity to work, you would not qualify for Partial Capacity Benefit.


  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 1,862 ✭✭✭Cushie Butterfield


    leanbh wrote: »
    This post has been deleted.
    Do you have a link to an official DSP publication or document that states this, or for the information that you posted in post #5 above please?

    Wherever your information came from it refers to Disability Benefit, which doesn't exist any more. It's now called Illness Benefit & has been called that way before Partial Capacity Benefit was introduced. For that reason alone no official DSP document or publication would refer to Disability Benefit when referring to Partial Capacity Benefit. Even the Statutory Instrument that I've linked to below refers to Illness Benefit.

    Are you sure you're not referring to Disablement Benefit?
    leanbh wrote: »
    This post has been deleted.
    It is.

    ''There is no restriction on earnings or number of hours you can work.''
    http://www.welfare.ie/en/Pages/346_Partial-Capacity-Benefit.aspx

    Also see S.I. No. 43/2012 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Partial Capacity Benefit) Regulations 2012: http://www.irishstatutebook.ie/2012/en/si/0043.html


  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 1,862 ✭✭✭Cushie Butterfield


    No, it doesn't really help in the sense that the Statutory Instrument & Amendment linked to doesn't define the 'norm' as normal working hours. This is why I asked for a link to where you got the information that states:
    leanbh wrote:
    This post has been deleted.

    There is no reference to anyone being able to work or to normal working hours. All references are to restrictions on capacity for work in relation to the norm.

    The 'norm' defines a persons capacity for work compared to that of a person of the same age without that illness/medical condition (who doesn't have a reduced capacity)taking into account the degree to which that person's mental health/behaviour, memory/consciousness/seizures, balance/co-ordination, vision, hearing, continence, reaching, manual dexterity, lifting/carrying, bending/kneeling/squatting, sitting, standing, climbing stairs, walking etc restricts them in carrying out required or relevant duties. The degree to which the person is restricted (mild, moderate, severe, profound) is set against the 'norm' in the assessment. The link that the moderator provided doesn't state that a person who has been assessed as having a residual capacity for work which is not more than a half of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work actually equates to that person only being permitted to work 50% of normal working hours.

    The only mention of percentages in any of the DSP's operational guidelines is in relation to %age reduction of payments, not %age of working hours.

    If for example a person is assessed as having a severe reduced capacity & in their assessment their vision or reaching was assessed as severe , this does not mean that they only have 20/20 vision for twenty working hours per week or they can only reach for twenty hours per week & that these facilities suddenly become severe. Similary a person whose normal occupation is highly skilled may have a severe or profound incapacity to perform that job, but may be capable of performing a lesser skilled job.

    Of course illness claims are subject to review, & a person can lose their entitlement at any time, but it seems to be the case that you are privy to some information/operational guidelines that you either can't or aren't prepared to divulge. If this is for professional or data protection reasons that's fine but originally you stated that it's not correct that there are no restrictions on hours you can work & therefore the DSP website information is incorrect, & in a later post clarified that there were limits on the number of hours a person can work. You then stated that you presumed that the 'norm' is a five day week.

    What I'm asking is what leads you to presume (& preferrably a link to a source that confirms) that the 'norm' is a five day week in terms of qualifying for PCB & not a person's capacity for work as compared to that of a person of the same age without that illness/medical condition (who doesn't have a reduced capacity).

    Thanks in advance.


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  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    This post has been deleted.


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