Operational Guidelines: Farm Assist

Description of Scheme

Farm Assist is a means-tested scheme for low-income farmers. It was introduced on 7 April, 1999.

Application Form

Farm Assist Application Form (FARM1)

Legislation

The main legislative provisions are contained in Chapter 11, Part 3 (Social Assistance) of the Social Welfare (Consolidation) Act, 2005. Means are assessed in accordance with the provisions of Part II of the Third Schedule to the Consolidation Act 2005.

Regulations

General provisions with regard to claims and payment are contained in the Social Welfare (Consolidated Payments Provisions) Regulations 142 of 2007. Provisions with regard to the award of credited contributions are contained in the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 to 2005.

Administration

The scheme is administered by staff at the Department's network of Intreo Centres and Branch Offices throughout the country.

Guidelines for staff on the operation of the Farm Assist are issued by the National Processing Team, Gandon House, Dublin 1.

Qualifying Conditions in Summary

The eligibility conditions for Farm Assist (FA) are:

A person must:

• be aged between 18 and 66 years, and
• be engaged in farming, and
• satisfy a means test

Qualifying Conditions in Detail

Aged 18 - 66

A person must be aged between 18 and 66 years. The onus is on the claimant to produce satisfactory verification of their date of birth. Acceptable forms of identity are the Public Services Card (PSC), a Current Valid Passport (a Current Valid National Identity Card is acceptable for EEA Nationals) or a Current Valid Driver's Licence or Current Learners Permit and a Standard Birth Certificate (not photocopy).

Also, if not already verified, dates of birth should be verified for all adult and child dependants using the Standard Birth Certificate.

Engaged in Farming

"Farmer" means a person engaged in farming

"Farming" means farming farmland in the State, including commonage, which is

• owned and used by the claimant for the purposes of husbandry

or

• leased and used by the claimant for the purposes of husbandry

If the claimant is farming land for the purposes of husbandry but does not own or lease that land, they will only be considered a farmer if the land does not form part of a larger holding.

"Husbandry" means working of the land with the object of extracting the traditional produce of the land. This includes the cultivation of crops or trees (forestry) and the keeping of livestock and poultry.

Deciding Officers must firstly satisfy themselves that the land in question is FARMLAND. Thereafter, the two key issues are TENURE (the conditions or period of holding land) and USAGE.

Tenure should be verified by reference to relevant source documentation, for example, Land Registry Office, lease agreement, etc. Ownership may include joint ownership.

Where the land is neither owned nor leased, Farm Assist may be payable only where the land used does not form part of a larger holding. This includes cases where the claimant is farming a holding in respect of which they have an intestacy share which has not been officially registered. It also includes situations where two or more siblings with an intestacy share in a farm jointly manage the same holding.

Where two or more persons farm what may originally have been a single unit but is now claimed to be made up of separate units, Deciding Officers must satisfy themselves that what was the original farm is now managed as two separate entities/businesses, for example, that the claimant has their own Herd Number.

In ALL CASES, the claimant must be working the land for the purposes of extracting the traditional produce of the land.

It is not sufficient for a person simply to own a farm of land. As outlined above, the legislation prescribes that the claimant themselves must be engaged in farming. A person who owns a farm of land, but leases, lets or rents out the entire holding, does not satisfy this condition and cannot, therefore, qualify for FA. If, however, the claimant is personally engaged in farming part of the holding and leases/lets/rents a portion of the farm to another person, they may qualify for a payment.

There is no minimum acreage requirement. Deciding Officers must, however, satisfy themselves that the land would reasonably be considered a farm, which is used by the claimant for the purposes of husbandry. Therefore, where a claimant resides in a dwelling on a large site, for example, one or two acres, and they have a large vegetable garden, it may be reasonable for the Deciding Officer to conclude that, while the claimant may be engaged in husbandry, the land does not constitute a farm of land and the person is not engaged in farming. Conversely, the claimant may be engaged in intensive farming on a small acreage, for example, pig or mushroom farming, which would satisfy the condition.

Means

To qualify for FA, a person must satisfy a means test. The person's weekly means must be below the rate of FA which would otherwise be payable to the person. Means are rounded to the nearest €1.00 (50c being rounded upwards).

As qualification for FA is based on the claimant's total means, a farmer may have income from a variety of sources, for example, other self employment, insurable employment, capital, etc., and still qualify for a payment. Means from all sources are added together to determine total weekly means.

Information relating to the assessment of Farm Assist means is listed below. See the Means Assessment Guidelines for additional information.

Farm Income or other self employment

Income from Self-employment engaged in by either/both the claimant and/or the spouse/civil partner/cohabitant, both on and off the farm, is assessable as means. A disregard for all costs necessarily incurred in carrying out the self employment is allowed, subject to the following:

(a) From Wednesday 8 March 2017, farm income and other income from off-farm self-employment or in the case of a fisherman, the net income derived from any form of self-employment, will be assessed at 70%. There are additional disregards of €254 for each of the first 2 children and €381 for the third and subsequent children.

The child disregards are applied first, then 70% of the balance assessed.

(b) From 3 April 2013 the net income is assessed at 100% and the income disregard for children was removed.

(c) From 1 January 2012 to 2 April 2013 85% (prior to 1/1/12 it was 70%) of the income less expenses incurred was assessed as means. An income disregard of €127 (was €254.00 prior to 1/1/12) per annum of the net income was disregarded for each of the first 2 qualified children and €190.50 (was €381.00 prior to 1/1/12) per annum is disregarded for each subsequent child.

Aggregation of income and expenses from self employment

The total income which may reasonably be expected to be received from all forms of self employment by the claimant and their spouse/civil partner/cohabitant, less the expenses necessarily incurred is assessable as means.

Direct Payment Scheme

Payments received under the Direct Payment Scheme - are assessed differently to other specified Department of Agriculture, Food and Marine payments, which attract disregards as laid down in legislation in the SWCA 2005 as amended.

Under the Direct Payment system, a farmer’s payment can be a combination of payment under four separate schemes.

• Basic Payment Scheme (BPS)
• Payment for Agricultural Practices beneficial for the Climate and the Environment (Greening Payment)
• Young Farmers Scheme (YFS)
• Aid for Protein Crops

Payments under the Direct Payment Scheme do not attract disregards. However, specified disregards apply to all income received under the following schemes:

(i) the Rural Environment Protection Scheme (REPS), the Agri-Environment Options Scheme (AEOS) and the Green, Low-Carbon, Agri-Environment Scheme (GLAS) administered by the Minister for Agriculture, Food and the Marine;

(ii) the National Parks and Wildlife Service Farm Plan Scheme (NPWS) Administered by the Minister for Arts, Heritage and the Gaeltacht,

(iii) Additional schemes and programmes from June 2022:

• Beef Exceptional Aid Measure
• Beef Data and Genomics Programme
• Beef Environmental Efficiency Plan (BEEP-S) as part of the Beef Sector Efficiency Programme
• Dairy Beef Calf Programme as part of the Beef Sector Efficiency Programme
• Results Based Environment Agri-Pilot Programme
• Sheep Welfare Scheme
• Afforestation Grant and Premium Scheme
• Ash Dieback Replanting Scheme
• Creation of Woodland on Public Lands Scheme
• Deer Tree Shelter and Deer/Hare Fencing Scheme
• Forestry Grants and Premium Schemes
• Forest Genetic Resources Reproductive Material Scheme
• Forest Road Scheme
• Forestry Knowledge Transfer Group Scheme
• Innovative Forestry Forest Technology: Central tyre inflation scheme module
• Native Woodland Conservation Scheme
• NeighbourWood Scheme
• Reconstitution and Underplanting Scheme (Ash Dieback)
• Woodland Improvement Scheme including Continuous Forestry Cover

Additional schemes from 1 April 2023:

• Sheep Improvement Scheme
• Agri-Climate Rural Environment Scheme (ACRES)
• Organic Farming Scheme
• Reconstitution of Woodland Scheme (Frost) 2022

These are assessed on an annual basis as follows:

From 1 January 2023:

• the first €5,000.00 is disregarded, then

Prior to January 2023:

• the first €2,540.00 was disregarded, then
• 50% of the balance is disregarded, then
• expenses necessarily incurred in the carrying out of the specified Scheme are disregarded, and
• the remainder is assessed as means.

It is important that cases are reviewed annually.

Income from Leasing of Milk Quota

Income received from leasing a Milk Quota is assessable as cash income, that is, it is assessed on a euro for euro basis.

Insurable Employment

Where a farmer is also engaged in insurable employment (under a contract of service), the average assessable weekly earnings are calculated using the earnings in a representative period (usually the 13 weeks immediately prior to the date of claim).

Calculation of means from insurable employment

On 26/9/07 the manner in which means were assessed changed. They are assessed on gross earnings less deductions for PRSI, superannuation (including AVC's and PRSA's), the pension levy and union dues. Deductions in respect of income tax and Health Insurance premiums for example, VHI, BUPA, Hospital Saturday Fund and so on, are not disregarded).

Persons in receipt of Farm Assist receive a personal rate of payment and if they have a spouse/civil partner/cohabitant are paid a family rate (personal and full adult/child dependant rates). Means are calculated on assessable income less the relevant disregards, the balance is assessed at 60%. In the case of a couple, both are assessed in exactly the same manner, assessable income less the relevant disregards, 60% of the balance is assessed as means. A disregard of €20.00 per day up to a maximum of 3 days, €60.00, applies to both the customer and the spouse/civil partner/cohabitant if either/both are insurably employed, 60% of what remains is assessable as means.

NOTE: The FA payment is based on the persons average assessable weekly earnings, NOT average daily earnings. Therefore, a farmer who is also insurably employed will receive a set weekly rate of Farm Assist even if they work a different number of days each week.

Calculation of means - Spouse/Civil Partner/Cohabitant in Insurable Employment

The assessment of means for Farm Assist includes the assessment of a spouse/civil partner/cohabitant earnings from insurable employment.

Definition of Spouse/Civil Partner/Cohabitant

a) Married couples – the term ‘spouse’ refers to each person of a married couple.

b) Civil partners - A ‘civil partner’ is defined as “each person of a couple who are civil partners within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010”. The term ‘civil partner’ only applies to a person who has registered their civil partnership.

c) ‘Cohabitants’ refer to couples who are living together (both the same or opposite sex). The term ‘cohabitant’ is defined in the social welfare code in accordance with Section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010, which states that “... a cohabitant is one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship”.

Spouse/Civil Partner/Cohabitant Working from Home or in receipt of Illness Benefit

The €20.00 a day disregard applies (maximum €60.00) to a working spouse/civil partner/cohabitant where they have insurable earnings even if working from home, or if in receipt of insurable earnings while claiming Illness Benefit.

Spouse/Civil Partner/Cohabitant Working Abroad

Where a spouse/civil partner/cohabitant is working abroad in insurable employment (outside the Republic of Ireland), the €20.00 a day applies (maximum €60.00).

Employment as Home Help

From 1 January 2012 income from employment as a home help is assessed, for Farm Assist purposes, in the same manner as all other income from insurable employment irrespective of whether it is the claimant or their spouse/civil partner/cohabitant who is employed as a home help.

Capital (Investments and Savings)

Capital includes:

• cash in hand,
• money held on deposit (for example, in Savings/Current Accounts)
• the value of investments, stocks and shares (including Co Op shares),
• property which is, or is capable of being, invested or otherwise put to profitable use (but not being a farm of land owned/leased by the claimant/ spouse/civil partner/cohabitant).

Capital Assessment

All capital belonging to the claimant and/or their spouse/civil partner/cohabitant is assessed using the following formula (effective from 1 June 2005):

Amounts Less Than €1,000

The assessment only applies to units of €1,000. Therefore, all amounts should be rounded down to the nearest thousand Euro. Example: A claimant has capital to the value of €30,700. This is rounded down to €30,000. The first €20,000 is disregarded; the remaining €10,000 is assessed at the rate of €1.00 per €10,000. Capital means is €10.00.

Previous Formulae

27 October 2000 – 31 May 2005

The weekly value of capital was assessed as follows:

Amounts Less Than £1,000 (€1,269.74)

The assessment only applied to units of £1,000 (€1,269.74). Therefore, all amounts were rounded down to the nearest unit of £1,000 (€1,269.74).

Prior to 27 September 2000

Where the application of the capital assessment on 27 September 2000 reduced the rate of Farm Assist below the amount payable immediately prior to 27 September 2000, the rate of payment was not reduced.

This provision did not apply where the amount of capital on which the assessment was based at 27 September 2000 was found to have increased.

The following formula was used to calculate the weekly value of capital.

(i) the first £2,000 (€2,539.48) was disregarded,

(ii) the next £20,000 (€25,394.76) was assessed at 7.5%, and

(iii) the balance over £22,000 (€27,934.24) was assessed at 15%.

Seasonal Employment

Where the person and/or spouse/civil partner/cohabitant is engaged in insurable employment on a seasonal basis, the earnings are assessed only during the actual period of employment.

Other Income

Other income, for example, income from an occupational pension, income from the letting/leasing of land, payments from ESB networks, payments for rights of way, land rental (turbines, masts etc.), income from artisan produce, contract rearing, operating feedlots) are assessed on a euro for euro basis.

Disqualifications

Legislation prescribes that a person shall be disqualified from receipt of Farm Assist in respect of any period where they are on:

• Back to Work Allowance (BTW), or
• Part Time Job Incentive (PTJI), or
• Community Employment (CE), or
• Rural Social Scheme (RSS), or
• Attending a full time course of study for the duration of the academic year, for the summer months in between academic years and for the 3 months after the person has completed the Leaving Certificate Examination or for the 3 months after the person leaves full-time second level education (whichever is the later).

Budget 2014 introduced changes for new participants on SOLAS Training Courses from 1 January 2014. New participants on courses from 1 January 2014 will NOT be paid the training allowance on top of their Social Welfare payment. They will continue to receive their Social Welfare entitlement from DSP while on a SOLAS training course. Where a training allowance is in payment before 1 January 2014, there will be no change, that is, the training allowance may continue to be paid on top of the Farm Assist.

Deducting Half/Full Means Assessment

Means are applied in full unless the spouse/civil partner/cohabitant is on a Social Welfare payment, HSE payment or on a full time SOLAS/ETB/VTOS course and is in receipt of a training allowance.

Non-assessable Income

Income received by the person or their spouse/civil partner/cohabitant from any of the following is not assessable for Farm Assist purposes:

(a) Social Welfare payments

(b) income from a bonus under a scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands for the making of special grants to parents/guardians resident in the Gaeltacht/Breac Gaeltacht of children attending primary schools,

(c) income from Sceim na bhFoghlaimeoiri Gaeilge, a scheme, in respect of a person who is temporarily resident with a qualified claimant, administered by the Minister for Arts, Heritage, Gaeltacht and the Islands. Any income received in respect of such a temporary resident is not assessable for Farm Assist.

(d) a disability/wound pension under the Army Pensions Acts, 1923 to 1980 (or combination of such) not exceeding €101.58 per year, paid to the claimant or the spouse/civil partner/cohabitant,

(e) any moneys received from a charitable organisation,

(f) training allowances while undergoing a course of rehabilitation training provided by an organisation approved by the Minister for Health and Children,

(g) an amount not exceeding €134.00 per year received in respect of work as an outworker under a charitable scheme,

(h) where the person or their spouse/civil partner/cohabitant is engaged on a seasonal basis in the occupation of fishing, half of the yearly income of €153.00 or less and one third of yearly income in excess of €153.00 but not exceeding €381.00 per year. Income in excess of €381.00 is fully assessable.

(i) payments by a health service executive in respect of a foster child,

(j) in such cases as may be prescribed, any monies received by way of a maintenance grant under a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

(k) any monies received by way of a mobility allowance payable under Section 61 of the Health Act, 1970,

(l) €1,270.00 per year from the harvesting of seaweed,

(m) payments by a health service executive in respect of the provision of accommodation for a child under Section 5 of the Child Care Act, 1991

(n) Compensation awards by the Compensation Tribunal established by the Minister for Health on 15/12/1995, the Hepatitis C Compensation Tribunal 1997, the Hepatitis C and HIV Compensation Tribunal 2002 or compensation awards by a court of competent jurisdiction to persons who have contracted Hepatitis C or HIV from contaminated blood products, together with subsequent income from the investment of that money.

(o) Compensation awards by way of the Residential Institutions Redress Board established under Section 3 of the Residential Institutions Redress Act, 2002 (No. 13 of 2002),together with subsequent income from the investment of that money.

(p) Compensation awards to persons who have a disability caused by Thalidomide together with subsequent income from the investment of that money.

(q) A statutory rental disregard of up to €269.23 per week (€14,000 per year) has been introduced and applies from the 12 July 2022 in respect of rental income from renting out a room(s) in your home to someone who is not an employee or an immediate family member. See Means Assessment Guidelines for more details.

The rental disregard of €269.23 per week (€14,000 per year) also applies where an increase for a qualified adult is paid. See Increase for a Qualified Adult Guidelines for more details.

Payment of Increase for Qualified Adult Allowance (IQA)

A full increase for a qualified adult is payable except where the spouse/civil partner/cohabitant is in receipt of a Social Welfare payment/HSE payment or is in receipt of a training allowance in respect of a SOLAS/ETB/VTOS course.

A person who has a spouse/civil partner/cohabitant are paid a family rate (personal and full adult/child dependant rates). A disregard of €20.00 per day up to a maximum of 3 days, €60.00, applies to both the person and the spouse/civil partner/cohabitant if either/both are insurably employed, 60% of what remains is assessable as means (Assessable income less the relevant disregards, the balance is assessed at 60% as means). In the case of a couple, both of the couple are assessed in exactly the same manner, assessable income less the relevant disregards, and 60% of the balance is assessed as means.

Child Support Payment (previously known as Increase for a Qualified Child)

From 26 September 2007 a full Child Support Payment is payable except for cases where the spouse/civil partner/cohabitant is in receipt of a Social Welfare payment/HSE payment or is in receipt of a training allowance in respect of a SOLAS/VTOS course. In such cases only half Child Support Payment is payable.

Receipt of Guardians Payment (Contributory) or (Non-Contributory) in respect of a child does not disqualify a guardian from receiving any other social welfare payment to which they may be entitled.

Child Support Payment is not payable on any social welfare payment, in respect of a child for whom Guardian’s Payment (Contributory) or (Non-Contributory) is in payment. Where a customer in receipt of Guardians Payment has an additional child(ren) in respect of whom they are not in receipt of Guardians Payment, an Child Support Payment may be payable in respect of that child(ren) so long as the Child Support Payment conditions are satisfied.

See Child Support Payment Guidelines for further details.

Benefit & Privilege

Parental income (Benefit and Privilege) is NOT assessable as means for Farm Assist claimants who reside with their parents.

Maximum Payments (Max Pay) & Limitations

Max Pay

A Max Pay is where one of a couple is claiming a means-tested payment, Jobseeker’s Allowance (JA) or Farm Assist (FA), and the other is claiming a benefit/pension payment (See list below). It is a ceiling on the total amount which may be paid to a couple. To calculate the Max Pay for a couple, calculate what each would qualify for if they claimed for the family. As the family rate may differ for each of the couple it is important to calculate what each would receive if they claimed for the family. If each of the couple claims separately, they may not receive the Maximum Payment.

Insurance based payments:

• Jobseeker’s Benefit
• Jobseeker’s Benefit (Self-employed)
• Illness Benefit
• Injury Benefit
• Invalidity Pension
• Partial Capacity Benefit
• Disablement Pension (when paid with Illness Benefit or Unemployability Supplement)
• State Pension (Con)

Max Pay Example 1

One person of the couple is claiming FA and has no means assessed against him/her, the other person of the couple is claiming JB, this claimant is fully unemployed. The couple cannot be paid more than the highest family rate.

JB Claim

FA Claim

Maximum Amount Payable for the family is €406.00. If each claimed separately, they would receive the following.

JB Claim

FA Claim

€244.00 + €244.00 = €488.00.

This is greater than the Max Pay. Therefore, the means assessed payment must be reduced so that the Max Pay of the couple (€406.00 in this case) is not exceeded.

€244.00 + €244.00 = €488.00. The amount of €488.00 less the Max Pay of €406.00 is €82.00, therefore the FA (means-tested payment) is reduced by €82.00, €244.00 - €82.00 = €162.00. In this case, the JB claimant receives €244.00, and the FA claimant receives €162.00, a total of €406.00, which is the Max Pay.

Max Pay Example 2

One person of the couple is claiming FA, this claimant has no means assessed against them and the other person of the couple is claiming JB, this claimant is fully unemployed. In this case the JB claimant qualifies for a reduced personal rate of JB.

JB Claim

FA Claim

Maximum Amount Payable for the family is €406.00.If each claimed separately, they would receive the following.

JB Claim

FA Claim

€109.50 + €244.00 = €353.50.

In this case, if the couple claim separately, they will not receive the Maximum Amount Payable.They will receive a total of €353.50. It is more beneficial financially if the FA claimant claims for the family.

Limitations

A Limitation is where a couple are both claiming a means-tested payment (for example,) Jobseeker’s Allowance (JA), Farm Assist (FA) etc. To calculate the Limitation Rate that applies to a couple, calculate what each of the couple would qualify for if they claimed for the family. As the family rate may differ for each of the couple, it is important to calculate what each would receive if they claimed for the family. If each of the couple claims separately, they each receive half of the family rate that applies to them so long as they would qualify for that amount in their own right.

If each of the couple qualifies for the same family rate of payment, each receive half the family rate.

If each of the couple claim separately and each qualify for a different family rate, neither of the couple can receive a payment greater than they would qualify for in their own right.

Limitation Example 1

One person of the couple is claiming FA and the other person of the couple is claiming JA. They have no means assessed against them.

JA Claim

FA Claim

In this case, each receive half of the family rate that applies to them, €406.00/2 = €203.00. Each receives €203.00.

Limitation Example 2

One person of the couple is 21 years of age and qualifies for €153.70 on JA. The other person of the couple qualifies for €232.00 on FA. They have no means assessed against them.

JA Claim

FA Claim

If they claim separately:

JA customer receives half of the family rate €153.70 (€153.70 + 153.70 = €307.40/2 = €153.70)

FA customer receives half of the family rate €203.00 (€244.00 + €162.00 = €406.00/2 = €203.00)

In this case, the JA customer receives €153.70, and the FA customer receives €203.00.

€153.70 + €203.00 = €356.70, which is less than the family rate of €406.00. It is more beneficial financially if the FA customer claims for the family.

JB Qualification

A person cannot receive Jobseeker’s Benefit and Farm Assist in respect of the same period. If a claimant has an underlying entitlement to both, they may only claim one payment. The claimant should be informed of the differences between both schemes (that is,)

• the comparative weekly rates of payment (that is, full/graduated rate of JB in respect of days of unemployment viz Farm Assist less means),
• entitlement to Secondary Benefits (Fuel and Christmas Bonus) on Farm Assist
• entitlement to payment of Child Support Payment in respect of school going child/ren over 18 on Farm Assist,
• unemployment, availability, genuinely seeking work, substantial loss of employment, etc. conditions for receipt of JB and requirement to sign on.
• taxable status: JB is taxable, Farm Assist is not.

NOTE: A person may choose to alternate between Farm Assist and Jobseeker’s Benefit.

Duration of Payment

FA is payable for as long as the qualifying conditions are satisfied.

Rates Structure

The rate of payment consists of a personal rate (payable in respect of the person), with increases payable in respect of a qualified adult/child(ren). If means are assessed, they are deducted from the weekly Farm Assist payment.

Education and Training

Periods spent on Farm Assist count towards qualification for:

• SOLAS Training Courses
• Community Employment Scheme (CE)
• Back to Work Allowance (BTW)
• Rural Social Scheme (RSS)
• Back to Education Allowance (BTEA) excluding VTOS courses.

NOTE: Any number of Farm Assist claims may be combined to satisfy the duration of receipt of a relevant social welfare payment, provided that each Farm Assist claim is within 52 weeks of a previous claim.

A person in receipt of Farm Assist may qualify for a Back to Education Allowance (BTEA) without first switching back to a jobseeker's payment.

To qualify for BTEA from Farm Assist, a person must have been in receipt of it for:

• 3 months (78 days) for Second Level Option (SLO),
• 9 months (234 days) for Third Level Option (TLO) AND
• Case Officer has considered and recommended the application for new applicants

Entitlement where a person or spouse/civil partner/cohabitant is on an Educational/Training Programme (SOLAS/ETB)

Person on Farm Assist and on a Course of Education/Training and Development (Part time or Full time)

Budget 2014 introduced changes for new participants on SOLAS Training Courses from 1 January 2014. New participants on courses from 1 January 2014 will NOT be paid the training allowance on top of their Social Welfare payment. They will continue to receive their Social Welfare entitlement from DSP while on a SOLAS training course. Where a training allowance is in payment before 1 January 2014, there will be no change, that is, the training allowance may continue to be paid in addition to Farm Assist.

Spouse/Civil Partner/Cohabitant on Course of Education/Training and Development (Part time or Full time)

Spouse/Civil Partner/Cohabitant on SOLAS/ETB/VTOS Course

Where the spouse/civil partner/cohabitant of a person on Farm Assist is in receipt of an allowance in respect of a full time SOLAS/ETB/VTOS course, they are not considered to be a qualified adult dependant.

The Training Authority/ETB is responsible for paying the spouse/civil partner/cohabitant a personal rate plus half rate Child Support Payment, if applicable, for the duration of the course. If a Limitation/Max Pay rate is in payment, the spouse/civil partner/cohabitant will continue to receive that rate on the relevant course.

All training allowances received by the spouse/civil partner/cohabitant are disregarded in the assessment of means.

Spouse/Civil Partner/Cohabitant on other Training/Educational Courses

Where a spouse/civil partner/cohabitant is participating in a full time or part time course which is not administered by SOLAS or an ETB, the full increase for a qualified adult (IQA) is payable.

All training allowances received by the spouse/civil partner/cohabitant are disregarded in the assessment of means.

NOTE 1: A Qualified Adult Increase (IQA) is not payable where the spouse/civil partner/cohabitant is in receipt of a Social Welfare payment in their own right, for example, Back to Education Allowance.

NOTE 2: Payments received by a spouse/civil partner/cohabitant in respect of expenses necessarily incurred in attending a course of education or training, for example, travel and meal expenses, are disregarded when calculating total gross weekly income.

Secondary Benefits

As Farm Assist is a long term scheme, Secondary Benefits may be payable from the start of the claim. Claimants wishing to apply for the Fuel Allowance should be issued with the relevant application form, FA1.

Carer's Allowance

From 27 September 2007, a person who is claiming certain Social Welfare Payments (exceptions listed below) who is providing full-time care to another person, may apply for Carer's Allowance and retain their current payment in full. If they satisfy the conditions for Carer's Allowance, it will be awarded at 50% of the personal rate providing they are not in receipt of any other payment. They will also be eligible for a Free Travel Pass and may qualify for Household Benefits. A Farm Assist claimant working less than 18.5 hours per week providing full-time care to another person, may qualify for Carer’s Allowance.

• Jobseeker's Benefit
• Carer's Benefit
• Jobseeker's Allowance
• Back to Work Allowance
• Working Family Payment

If the spouse/civil partner/cohabitant of a claimant on a Social Welfare payment qualifies for Carer’s Allowance, it will be awarded at half the personal rate and the IQA will continue to be paid for the Carer.

See "Carer's Allowance" guideline for more information.

Overlapping Provisions

Farm Assist is not payable to a person who is in receipt of any other Social Welfare payment except Child Benefit, or certain payments under the Supplementary Welfare Allowance scheme. An Increase for a Qualified Adult (IQA) is not payable if the qualified adult is in receipt of any Social Welfare payment except Disablement Pension, Guardian's Payment (Non Contributory) or certain payments under the Supplementary Welfare Allowance scheme.

Farm Assist Customer who reaches 66 years

Under section 159 of SW Consolidation Act 2005, where a person in receipt of Farm Assist immediately prior to becoming entitled to the State Pension Non- Contributory, is entitled to a higher rate of Farm Assist than they would receive on State Pension Non-Contributory, they will receive the higher amount on the Non-Contributory Pension.

Jobseeker’s Pay-Related Benefit

Where a spouse/civil partner or cohabitant is in receipt of Jobseeker's Pay-Related Benefit, the rate of Jobseeker’s Pay-Related Benefit is treated as means from another Social Welfare payment on the Farm Assist claim. The person in receipt of Farm Assist will receive the full personal rate applicable to the scheme, and half rate child support payment for each qualified child, where applicable, and half means from the Jobseeker’s Pay-Related Benefit payment will be added to the Farm Assist claim.

Where the combined household payment falls below the family rate of Farm Assist as a result of this assessment, the Farm Assist will be increased accordingly, taking account of other household means. This ensures that where lower rates of Jobseeker’s Pay-Related Benefit are in payment, that a minimum family rate of payment is maintained.

Farm Assist claims will be reviewed every 13 weeks in line with the rate changes of Jobseeker’s Pay-Related Benefit.

Claims

A claim for Farm Assist should be made on the form FARM1. Applications can be made in person or by post.

Documentation

The person must supply all documentation deemed necessary to support the application for Farm Assist.

Late Claims

An application for Farm Assist is effective from date of application. However, a claim may be backdated for up to 6 months where "good cause" is shown for the delay in making the claim, provided the person can prove to the satisfaction of the Deciding Officer or Appeals Officer that they satisfied the qualifying conditions for receipt of payment during that period.

See guideline on "Claims and Late Claims" for more information.

Investigation of Claims

Claims should be referred to a Social Welfare Inspector for completion of the MRF and IN 93. The completed forms are then passed to a Deciding Officer for a decision.

Decisions

Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act, 2005.

A written notification of award (FARM 5) issues to the person. Where the customer does not qualify for a payment, a written notification is issued to the person.

Appeals

A person who is dissatisfied with the Deciding Officer's decision, for example, claim disallowed or awarded a reduced rate allowance, may appeal the decision. The appeal should be made, in writing, to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, Dublin 2, within 21 days of notification of the Deciding Officer's decision, stating the grounds of appeal. The Appeals Officer can decide the matter summarily or may deal with the case by way of an oral hearing.

Method of Payment

A person has an option of two payment methods

(i) directly into a Bank or Building Society account (not a mortgage account)

or

(ii) at a Post Office of the persons choice.

Annual Review

The Declaration Form, FARM12, will issue to the person on an annual basis requiring them to declare that they have an ongoing entitlement to Farm Assist. The person will be required to declare any change in their family circumstances, inclusive of means, which may affect their entitlement to Farm Assist.

Change in Personal Details

Any change in the personal details of the person, including any change of income, should be notified to the persons Intreo Centre/Branch Office. Such changes may affect the persons entitlement(s).

Change in Dependency Details

A person is required to inform their Intreo Centre /Branch Office of any change in their spouse/civil partner/cohabitant’s status, or any change in the circumstances of the children. Weekly means should be reviewed accordingly.

Credits

Credited contributions are only awarded to persons who were in receipt of a credit as a Smallholder on Jobseeker’s Allowance prior to the introduction of Farm Assist in April 1999. See PRSI for Self-employed Guidelines.

Farm Assist was introduced on 7 April 1999. From 1 January 2007, under the terms of Section 12 of the Social Welfare Act 2006, Farm Assist customers are required to pay a Class S PRSI contribution if their income is above the relevant threshold.

If a person’s income is below the threshold where they have no liability to pay a Class S contribution, that person may apply to become a voluntary contributor. See: SW8 - Guide to Voluntary Contributions.

Linking

Periods spent on Farm Assist do not link claims as Farm Assist is employment. For example, if a person transfers from Jobseeker's Benefit (JB) to Farm Assist (FA) for more than 26 weeks, any subsequent JB claim will not link with the previous JB claim but will constitute the start of a new Period of Interruption of Employment (PIE). Similarly, if a person transfers from Jobseeker’s Allowance (JA) to Farm Assist (FA) for more than 52 weeks, any subsequent JA claim will not link with the previous JA claim but will constitute a new Continuous Period of Unemployment.

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