# Exemption from Illness Benefit



## belinda45 (27 Sep 2009)

Please can anyone help: I have back injuries from a one time tough physical job where you had to work like a man (and Im not) to get anywhere. Im on Illness Benefit and was cracking up at home. Someone told me about exemption from this to work very part time or study. I applied and got one year exemption and went Studying. It was brilliant and the I am  a different person becausse of it. I got halfway through study and applied for a further year and am devestated to find I have been refused cos the Theraputic Benefit for me was exhausted. I am in bits and its looking black again for getting out there completely retrained and into the workforce again. I can appeal but is there much point or would I be better just accepting it?


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## Black Sheep (27 Sep 2009)

When in doubt always appeal. You have nothing and perhaps something to gain.
Make sure to state the benefits to your well-being.  After all that is the whole idea of the exemption so that you can retrain for a job that is suitable to your needs and capability.
The future benefits to you and the nation when you return to the workforce as a taxpayer again rather than a dependant.

A letter from your doctor highlighting the above might help


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## belinda45 (28 Sep 2009)

Thanks so much for that. I dont want anyone under the impression Im looking for something for nothing. I spent almost 25 years as a taxpayer and never claimed anything other than when the factory I worked in went on short time. Ill try anyway and going to my doctor today to get her to back up my claim.


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## annet (28 Sep 2009)

Definitely put in an appeal of the decision for illness benefit exemption.  Does the appeal go to the Appeals Office or is it an internal review that is undertaken by an officer in the IB section that is higher than the deciding officer – there’d be a fundamental differences in independence?  Was there any reason why you didn’t apply for Back to Education Allowance?  I would also approach citizen’s information to explore other options and benefit implications if you were to continue to participate in education were your appeal was unsuccessful.   

You have the right pursuant to Section 7 of the FOI Act 1997 and FOI Act 2003 to access all records in hard or electronic format on the processing of your application and the decision to refuse the IB exemption.  Also look for all other records that may exist.  These records will allow you to see where the department is coming from and how they made their decision.

I don’t know what type of course you were doing.  Who were the providers of the course? Was it in a recognised institution?  Was it specifically rehabilitative, vocational in nature, or general in education?  You could approach FAS and ask them what type of courses they provide and what they would recommend that would be of “therapeutic value” to you…. See what they come up with and then you could use it as part of your appeal.  

I would ask the Department what meaning and what expected outcomes do they apply to establish whether a course is of therapeutic value or not.  Is the therapeutic value of a course considered in terms of treatment and that which is purely curative?  Is it rehabilitative including vocational rehabilitative?  Is therapeutic value employment and labour market participation related? Or in addition to all of the above is therapeutic value also about the social interaction element and the benefits in physical, social and mental well-being.  

How did the DSFA establish that this course is not of therapeutic value to you – is this decision grounded in fact – did they interview or examine you – did they assess your physical or mental well-being resulting from participation – or did they ask for any reports from your GP or consultants?  Use all this information in the appeal.


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## belinda45 (28 Sep 2009)

Again thank you very much for your input. Im so grateful for this help as its the first time I have written a query and youre all so good. The Course I started was a Fetac Level 5 in Childcare as part of a FAS CE Scheme. I put everything into the Course and so far any results I have got back are Distinctions. I work 4 days a week in a Facility where we hold Parent and Toddler Groups and other Sessions for Children but as I have no qualifications I would not be able to continue working in these type of Facilities. I love what Im doing and its of enormous benefit to me with a view to mental well being as well.I have no idea how I was assessed as I got a Review Form to fill up and send back in August. I cannot see how they could deem the Theraputic Benefit was exhausted for me cos Im now in such a state about not being able to finish what I had started and worked so hard to achieve.


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## belinda45 (28 Sep 2009)

Sorry: about the Back to Education Allowance I didnt even know you could apply for that while on Illness Benefit. I really wanted to participate hands on with the Childcare while also learning. FAS seemed like a great idea at the time cos there was a Facility very near to me and it fitted in with my daughters school time as well. It was nice to be hands on as it also made me so sure this is what I would want to do.


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## annet (28 Sep 2009)

Sometimes this Department doesnt make much sense in relation to rationale and logical thinking!  Hardly like a childcare course is not going to have benefits and savings for the Dept in the long-term if it is re-training you!  Anyway, just put in the appeal but also go to citizens information and ask their advice.  Put in the FOI to clarify where they are coming from.  Keep copies of all correspondences with the Dept as well including an appeal.  I'd definately examine about Back to Education Allowance - I am almost certain you'd qualify if you are long-term - but check it out from citizens information to be sure.  Have you given up the course?


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## annet (28 Sep 2009)

Just re-read your post - did the Department refuse an extension for the CE scheme or was it the childcare course... cos the two are different?  It was more than likely the CE scheme from what you say.  CE schemes depending on your age are limited generally for one year - but I think if your over 30 or 35 yrs (not to certain exactly) they are limited to two years max.  You can attend a fulltime child-care course and qualify for BTEA while on long-term IB - check this out.


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## belinda45 (28 Sep 2009)

annet the FAS CE Scheme incorporates the Childcare Course. It is part of the placement. the Committee who use the CE Scheme also run the Childcare Course so they go hand in hand as part of a placement. It is very confusing. Youd think you had 2 bosses. The Refusal was for me to take part in the CE Scheme but I havent got the letter of Refusal yet as I was told this over the phone. I have not given up the Study as Im not due to finish this CE Scheme until Friday but FAS wont renew my contract until I get permission from DFSA to continue. I have no idea as to why they refused me permission to continue as it seems such a waste to let me only do half of the Qualification. Ta again for taking the time to tell me all of this Im very grateful.You have at least given me hope that maybe I didnt waste a whole year but then again the time I spent outside the home was of great benefit to me


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## annet (28 Sep 2009)

Check daycourses.com and also nightcourses.com or the childcare bureau to get a list of courses in childcare.  Education never goes to waste - you can generally claim credits for what you've done so far and then when you get another course wherever it may be just continue.  

If you are unsuccessful in the appeal - you may consider doing some general voluntary work for a couple of hours... until you get the right childcare course.... and then claim BTEA.  Volunteering ireland is one good website.  Maybe another long-shot is that you could do some voluntary work in childcare for a couple of hours per week - and there's no harm in asking your previous employer if there's any way that they'd facilitate you to continue with the course if you done some voluntary work for them.  If you are doing any type of voluntary work though you will need to get prior approval from the DSFA - and you would also have to get approval to do the p/t course - but I'd make it clear to the DSFA that its imperative for your own mental well-being!  Also look into voluntary work in other community childcare providers.


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## belinda45 (29 Sep 2009)

thanks that was what I was going to ask my supervisor in the Setting if I could do that. It would hold my position if my Appeal does come through and even if not it might be a way to continue Studying. Thanks annet Ill let you know how things pan out


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## Welfarite (30 Sep 2009)

Did your entitlement for Illness Benfit (why are you calling it Therapeutic Benefit, BTW?) ran out due to PRSI qualifying conditions rather than medical referee reasons? This is very important going forward with this.


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## belinda45 (30 Sep 2009)

hi there unless i stated something in the wrong way i didnt refer to illness benefit as theraputic benefit. What i said was the reason given for not getting an exemption from illness benefit was because the theraputic benefit from the previous 12 months i had spent studying was exhausted for me and its now under review


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## Welfarite (30 Sep 2009)

There is no such benefit payable that's called Therapeutic Benefit. What exactly was the name of the SW benefit/allowance payment you were on. Why exactly did it stop? Perhaps you are on Illness Benefit?


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## belinda45 (30 Sep 2009)

The  payment I have been on* is* Illness Benefit and in order to retrain to go back into the workforce I applied for and got an exemption from Illness Benefit in September 2008. that year is complete on Friday and Dept of Social and Family Affairs said they would be reviewing the exemption in August. I filled out the forms they sent me and they wrote back to me to say I was refused a further exemption because the Theraputic Benefits were exhausted. This meant that the theraputic benefits of me having an exemption from Illness Benefit for the past year have been exhausted and in their opinion it would not benefit me any further to continue studying. the reason I am appealing this is because I have only half the Modules done for the Qualification I was studying and I would like to finish it.


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## belinda45 (30 Sep 2009)

welfarite what does BTW stand for and also when I refer to Theraputic benefit i do not mean benefit as in money or assistance i mean it as DFSA meant it as in of benefit to ones wellbeing or mental health


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## Welfarite (1 Oct 2009)

Ah, all a bit clearer now! So you're still in receipt of IB? If so, have a look at the Back to Education Scheme conditions (2 years on IB to qualify). The other point is that you can't normally get it if you're not commencing year 1 of a course but you could plead your case due to the circumstances of how you did year one. 

(BTW= by the way)


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## belinda45 (1 Oct 2009)

thanks a lot welfarite for the advice. Review gone in to DFSA so fingers crossed but i should definitely have looked into back to education. Hopefully all will go well and one will be on the road to being employed again.


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## belinda45 (23 Oct 2009)

to all who took time to help me out on this question a huge thanks particularly annet just to say i got my letter today and my appeal was successful and im allowed to continue with my course and training. Its made my day!!!!!!!


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## annet (23 Oct 2009)

That's good to hear.


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## Martin68 (22 Nov 2009)

belinda45 said:


> to all who took time to help me out on this question a huge thanks particularly annet just to say i got my letter today and my appeal was successful and im allowed to continue with my course and training. Its made my day!!!!!!!


I have only just seen this post --But I am glad that things worked out for you.Nice to hear a happy ending for a change --Best of luck in what you do


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## Sue Ellen (22 Nov 2009)

belinda45 said:


> to all who took time to help me out on this question a huge thanks particularly annet just to say i got my letter today and my appeal was successful and im allowed to continue with my course and training. Its made my day!!!!!!!



Congrats, best of luck with your course.


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