Disability Payment

Tevenie

Hi, I have a 'what if' question that I can't seem to find an answer to, I was hoping someone here could help me.

I have a progressive disease that may make me disabled in the future. I am Irish, have worked here for the last 15 years and before that 15 years in London. I have paid all my stamps in those times.

I would like to go and work in Europe for a few years but I am concerned that if I were to become disabled and want to return home that I won't be eligible for disability payment.

I am guessing that if I work in Europe for a set period of time that I will become eligible for a payment in the country of residence, but if it takes (say) five years to build up the payments then what if I become disabled and want to come home before that?

With any luck it wont happen but before I take the risk I'd like to know exactly what level of risk I am taking.

Can anyone tell me what the position here would be.

Thanks.

myappeal

Hi Tevenie,

Can you clarify a few points in support of your question?

- are you currently working?
- is your condition a 'recognized' degenerative condition?
- when you say 'may make you disabled in the future' do you mean it will prevent you from undertaking your primary type/nature of employment or will it be such that renders you incapable (permanently or otherwise) of 'any' type of employment?

As you can imagine, there are various levels of disability and these are treated differently by the Department of Social Protection (DSP) for any determination of eligibility for an Illness Benefit/Disability or Invalidity Pension. Also remember, rules can change. So anything that applies now, and in the next 2 or 3 years, could change in the longer term.

Paying 'stamps' does not automatically qualify a person for anything these days... stamps make you eligible to apply, you still have to meet other qualification conditions as well.

One final point, and its a really big one for eligibility for a Disability payment from Social Welfare, the inability to undertake 'any' work vs an inability to work in your chosen field are not the same - being unfit for you primary/chosen field will not automatically qualify a person for a Disability payment.

Regards

Tevenie

Hi, thanks for your reply.

I am currently working, yes.
My condition is Multiple Sclerosis, so yes, a recognised degenerative condition.
I have partially lost the sight in one eye, not enough for it to impair my daily life but each attack leaves me a little worse. I am concerned that eventually I wont be able to drive.

I work in an office and am having discomfort looking at a screen all day. Not enough to stop me working but enough to scare me into wondering what may happen.

I appreciate your point about 'any' work, I guess that if I were partially blind/in a wheelchair I could still work at something? I don't know to be honest. Hopefully it wont come to that. In the meantime I want to make the best of the time I have...

myappeal

Hi Tevenie,

Not trying to scare you here.... but the control of Disability payments in Ireland has changed somewhat substantively.

The Social Welfare disability payments are made on the basis that a person is effectively unfit for any type of work. If a medical exam can show that you can 'function' in any work environment - this could be construed as fit for work, and you may have to make an individual case based on your individual capacity. Simply having a condition may not apply a 'blanket' set of restrictions as the ability/capacity with an automatic entitlement to a payment.

Equally, consideration is given to other factors such as general health and safety in the workplace, a persons insurability in the workplace and the nature of ongoing incapacity a degenerative condition causes.

Realistically DSP are not as difficult as some people would believe. They accept and realize that many medical conditions, while allowing for some 'work', effectively rule a person out from employment.

The major issue at the point of application tends to be the provision or medical evidence and additional information.

Many people think that simply sending in doctors letter/specialists reports are enough.... very often its not.

If a person can send in information about their previous employment, work history and identify how the condition has restricted their ability to engage in this type of employment, and employment generally, this adds weight to the application.

Claiming that you are unfit for work while driving a car, caring for children, attending education (part-time or full-time), being active in hobbies etc. etc. i.e. leading a 'normal' life can be seen as a capacity to engage in work.

If all else fails, and you application is unsuccessful, you can appeal that refusal. At that stage you will have a much better opportunity to make a full and complete case to the Appeals Office.

Keep an eye on the DSP and Citizens Information website for changes/updates to the Disability payments schemes over time.

Regards,

Tevenie

Thanks for all your help and time.

What I am really trying to establish though, is that if I were to go and work in say Spain for a few years, find myself disabled and want to come home, will I have ruled myself out of getting help here. I understand that there are a whole bunch of other questions, but I can cross those particular bridges if I ever get to them.

At present I am not claiming anything and have no intention of claiming, I just want to have considered the worst case scenario before I do anything.

myappeal

Hi Tevenie,

Generally speaking the answer is yes, reckonable social insurance contributions paid in Ireland and EU countries can be combined for access to PRSI (stamps) based 'benefit' payments in Ireland

So work in Ireland, then Spain, will add your PRSI stamps together and 'may/should' qualify you for an Illness/Disability payment.

Regards,

Tevenie

That's great, thanks so much for taking the time to answer my questions.

myappeal

Hi Tevenie,

No problem...

Hope everything works out for you.

Regards,

notharrypotter

myappeal wrote: »

Hi Tevenie,

Generally speaking the answer is yes, reckonable social insurance contributions paid in Ireland and EU countries can be combined for access to PRSI (stamps) based 'benefit' payments in Ireland

So work in Ireland, then Spain, will add your PRSI stamps together and 'may/should' qualify you for an Illness/Disability payment.

Regards,

Slight thread hijack.

Hi Myappeal.
Curious.

In connection with "benefit" not "assistance".
Is there any requirement to have worked in Ireland since your return?
i.e. Work pattern Ireland/UK/Germany/Spain.
Last paid an insurable contribution in Spain.
Last insurance contribution in Ireland was in the last year before the reckonable contribution year.

myappeal

Hi notharrypotter,

For Jobseekers Allowance you are not required to have engaged in paid employment in the state in order to apply for/qualify for JA. It is a means tested payment, based on your efforts to seek work, and not related to any prsi paid in any employment.

Jobseekers Benefit is different, To qualify for Jobseeker's Benefit, you must pay Class A prsi. To qualify you need:

At least 104 weeks PRSI paid since you first started work
And

39 weeks PRSI paid or credited in the relevant tax year (a minimum of 13 weeks must be paid contributions*)
Or

26 weeks PRSI paid in the relevant tax year and 26 weeks PRSI paid in the tax year immediately before the relevant tax year.
*If you do not have 13 paid contributions in the relevant tax year, you must have paid 13 contributions in any of the following years:

The 2 tax years before the relevant tax year
The last complete tax year
The current tax year.
The relevant tax year is the second last complete tax year before the year in which your claim is made. So, for claims made in 2016, the relevant tax year is 2014.

Hope this helps.

Regards