Foilsiú
Operational Guidelines: Partial Capacity Benefit
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ireland / United Kingdom Social Security arrangements from 1 January 2021.
The European Union and the United Kingdom agreed a Trade and Cooperation Agreement which contains a Protocol on Social Security to take effect from 1 January 2021. The Protocol provides for a wide range of social security issues into the future. On the 31 December 2020, the Convention on Social Security agreed between Ireland and the United Kingdom was commenced. Together these Agreements ensure, that all existing social security arrangements for Irish and UK citizens are maintained into the future. Ireland as an EU Member State, will extend on a unilateral basis the advantages of the Convention to Union citizens, as required.
For Brexit-related information see:
For information on social welfare entitlements see:
Partial Capacity Benefit is a payment made to insured people after a Medical Assessor assesses their restriction on their capacity for work.
Leaflet: Partial Capacity Benefit SW 132 Partial Capacity Benefit
Department Website: www.gov.ie/dsp
Chapter 8A of Part 2 of the Social Welfare Consolidation Act 2005 (as amended)
Chapter 1A of Part 2 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (as amended)
Deals with all claims for Partial Capacity Benefit.
To qualify for Partial Capacity Benefit, the day immediately before the day for which the benefit is claimed, a customer needs to be in receipt of either:
or
A Medical Assessor of the department will assess the restriction on their capacity for work. This may require them to make themselves available for an assessment with the Departments medical assessor. They should include all appropriate medical evidence with their application. They will qualify for Partial Capacity Benefit if the restriction on their capacity for work is assessed as moderate, severe, or profound. If it is assessed as mild, a person will not qualify for payment of Partial Capacity Benefit. If they qualify for Partial Capacity Benefit, they will not be required to send in medical certificates.
A person must apply for Partial Capacity Benefit within 21 days of commencing employment. Any application received where employment commenced more than 21 days ago will be disallowed.
A person must commence employment within 13 Weeks of applying for Partial Capacity Benefit. Should they not commence employment, the PCB claim will be closed, and a new application will be required.
Partial Capacity Benefit payment in the case of a customer coming from Illness Benefit will last as long as the recipient has an underlying entitlement to payment of Illness Benefit. In the case of a customer coming from Invalidity Pension, payment will last for a maximum duration of 156 weeks or until they reach age 66.
The conditions for payment of an increase for a qualified adult and/Child Support Payment remain the same as those that applied to the Illness Benefit or Invalidity Pension claim.
A customer may be disqualified from receiving Partial Capacity Benefit for a period of up to
9 weeks if the customer fails without good cause to comply with such requirements as:
A person who receives disablement benefit may qualify for PCB if they are in receipt of one of the above qualifying schemes, have some capacity to work and satisfy the PRSI and medical conditions. However, if you are in receipt of an incapacity supplement as part of your disablement pension you will not qualify for PCB.
Depending on your circumstances, some or all of your Partial Capacity Benefit payment maybe liable to income tax. Tax is not charged on increases paid for any dependent children. The department pays Partial Capacity Benefit without deducting tax. The department does, however, notify Revenue of the taxable amount of Partial Capacity Benefit to be taken into account for income tax purposes. This means you do not have to do anything for the correct tax to be paid. Information about the taxation of social welfare payments is available from Revenue and on the Jobs and Pensions page of the Revenue website www.revenue.ie. PRSI and USC are not charged on Partial Capacity Benefit payments.
Claims for Partial Capacity Benefit are made on form PCB 1.
The claim form should be submitted to:
No medical certificates are required for Partial Capacity Benefit.
All claims to Partial Capacity Benefit are examined by a Deciding Officer.
If a Deciding Officer disallows a claim to Partial Capacity Benefit, the customer will be
informed of all the reasons that the claim to Benefit is being disallowed.
A customer who is not satisfied with the decision of the Deciding Officer on their claim may
appeal the decision to the independent Social Welfare Appeals Office within 21 days of the
date of the decision. In advance of an appeal the customer can seek a review of the decision
by another Deciding Officer.
Partial Capacity Benefit is paid weekly on a Thursday. Sunday is not counted for payment purposes
Payment is made by Electronic Funds Transfer (EFT) directly into the customer's bank account, an An Post account, building society account (not a mortgage account) or an account in a credit union which offers the facility for Electronic Funds Transfer (EFT). PCB is not paid into an employer's bank account.
Claims are reviewed periodically to ensured continued entitlement. Things that may be reviewed include; continued medical eligibility, review of earnings for spouse/partner, qualified child reaches 18 years of age, and so on.
During the course of a claim to Partial Capacity Benefit, a customer may be asked make themselves available for a medical assessment by a Medical Assessor
The opinion of the Medical Assessor following this assessment is submitted to a Deciding Officer for consideration regarding the customer's continued entitlement. In any case where payment of Partial Capacity Benefit is disallowed, the customer is notified of the decision and advised of their right to appeal against the decision.
Overall, a customer going to an EEA Member State is entitled to be treated as if they never left the State, regardless of the reason for leaving the State.
A customer who wishes to go to a non- EEA country for health reasons, may be entitled to Partial Capacity Benefit for the duration of their absence. While each case is treated on its own merits, a decision would take into account factors such as duration of claim at time application is received, nature of incapacity and likely period to be spent abroad.
In any event the customer must notify the department in advance of departure and is paid for the period of absence on their return.
Any change in circumstances should be notified to the department immediately.
"Where a person has been disallowed Partial Capacity Benefit and appeals that decision, credits are awarded up to the end of the week following that in which the Appeal Officer's decision issued to them."
Special arrangements can be made, where necessary, to ensure that the spouse and the children of a customer get a portion of the weekly payment paid directly to them. Where a customer claims a qualified adult increase in respect of a spouse or partner who is not living with them, each case will be dealt with on an individual basis as details of maintenance payments and income may be required.
Social Welfare Consolidation Act 2005, Section 335 and S.I. 142 of 2007 Articles 242 - 249
The aforementioned regulations provide for a Code of Practice on the Recovery of Overpayments. The Code specifies the circumstances in which this department may or may not pursue repayment of monies by a customer who was overpaid benefit.
In advance of an overpayment being assessed, the department applies the principle of natural justice and advises the customer how the overpayment has arisen and inviting them to submit comments before a formal decision on the overpayment is made.
Fourteen days are allowed for a reply to be received. Where there is no reply or the reply does not alter the case, the overpayment is formally assessed against the customer. A decision letter is issued to inform the customer of the amount of the overpayment and the intended level and method of recovery, giving the right of appeal.
Details of the overpayment and the recovery method as determined by the Deciding Officer
are recorded with the claim.
When deciding on the level of recovery, regard is had to the financial and family circumstances of the customer. The Deciding Officer does not normally reduce the customer's weekly payment below the Supplementary Welfare Allowance (SWA) level as it is accepted by the department that customers are entitled to a minimum level of income.
However, where the customer's spouse has other income (for example, from employment or other social welfare payments) then the SWA level does not have to be applied.
Where the customer lodges an appeal to the Social Welfare Appeals Office (within 21 days) against the decision to set up an overpayment, the Deciding Officer suspends further recovery action until the appeal has been decided. If a late appeal is accepted after 21 days has elapsed and the recovery procedure is already in place then the recovery continues pending the outcome of the appeal.
The date of receipt of an appeal relating to Partial Capacity Benefit by an authority, institution or tribunal in another Member State of the EEA which should have been submitted
to the Social Welfare Appeals Office is treated as the date of receipt of an appeal by the latter. The authority, institution