# Long term illness, reducing hours and disabilty benefit?



## McStuffins (4 Jan 2013)

I was diagnosed with MS in 2012 and have been working full time. However, it is becoming more difficult and I am considering reducing my hours to 3 days a week as I don't want to give up working completely. 

I currently earn approx 505 p.w. which I think is too high for me to claim any disability benefit? I am a single parent with one child. 

I guess I am just trying to figure out what is the best way to do things. I am gearing towards applying for the disability benefit before I reduce my hours but I also understand that my work has to be deemed "therapeutic" which I don't fully understand? (I work in an office)

I also am aware that there is a partial capacity benefit but this is only available if I have been on illness benefit for 6 months. I was on illness benefit on and off during the last year but it was for a max of 6 weeks at any one time and then a week or two here and there. 

Can anyone advise what I should be doing? 
Do I need to reduce my hours first and then claim? I'm worried about doing that in case I end up waiting weeks or perhaps being denied additional benefits because my work isn't "therapeutic".

Thanks for reading


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## gipimann (4 Jan 2013)

The only option for persons to claim Illness Benefit and work is the Partial Capacity Benefit (PCB) scheme.

There was an "exemption" system, which allowed persons to work and keep their illness benefit if the work was deemed to be of a rehabilitative nature, but that system has been replaced by PCB.

As you have said, you cannot claim PCB unless you are currently in receipt of Illness Benefit or Invalidity Pension and have been for 6 months.

If you are able to work part-time, you may be eligible for One Parent Family Payment (your full-time income is over the limit of €425 pw).

You may also be eligible for Family Income Supplement (provided you work over 19 hrs per week and earn under €506 pw).


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## McStuffins (4 Jan 2013)

gipimann said:


> The only option for persons to claim Illness Benefit and work is the Partial Capacity Benefit (PCB) scheme.
> 
> There was an "exemption" system, which allowed persons to work and keep their illness benefit if the work was deemed to be of a rehabilitative nature, but that system has been replaced by PCB.
> 
> ...



Unfortunately I cannot get OPFP as my child is 10 so I'm now ineligible. 
I currently get FIS at the minimum rate but if I decrease my hours to 3 days a week, my FIS will not go up until summer (renewal) and it will only bring up my income (3 days wages plus FIS) to €422 per week with no additional benefits (fuel allowance, household benefit package, travel pass, living alone increase).......

It just seems a bit stupid that they are trying to encourage people with disabilities to get back to work with the partial capacity benefit, while not also encouraging those who are working with a disability to actually stay in work ???

I'd have to give up work for 6 months and then apply. Seems like a fairly big oversight.


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## McStuffins (4 Jan 2013)

Is it possible to get disability payments and work? 



> If you are getting Disability Allowance or Blind Pension you can do rehabilitative work and keep your social welfare payment – with permission from the Department of Social Protection.


It seems from citizens info site that a person can earn and also get a disability benefit once my doctor classifies the work as rehabilitative. But again, what does that mean? 

And should I apply now and then if I get it, adjust it when I reduce my hours? Or reduce my hours and then apply?


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## gipimann (4 Jan 2013)

Don't confuse Disability Allowance (DA) and Illness Benefit - the former is means-tested, the latter is based on PRSI contributions.

The medical criteria for DA state that :



*Medical*

_be substantially restricted in undertaking suitable employment _
_The medical criteria which must be satisfied in order to qualify for Disability Allowance are:_
_The person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or may reasonably be expected to continue for a period of at least a year_
_and _
_As a result of the condition the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the person's age, experience and qualifications. _
_This would mean that the person's capacity to undertake or carry out work would be substantially less than that of a person without the specified Disability in question._
_The application form requires claimants to produce certified medical evidence which outlines various aspects of their medical condition. In all cases an assessment is made by Departmental Medical Assessors of the evidence submitted to determine the nature and extent of the disability and its effect on the person's capacity to work._

While not specifically stated, the above criteria implies that a person applying for DA is not currently employed.

Rehabilitative work isn't defined, but can be any type of work which enables a person on DA to re-enter the workforce. It is likely to be a different type of work to that which the person was doing prior to their illness or disability (e.g. a former factory worker who can no longer work on the factory floor might get a job in an office which could be considered rehabilitative) Whether work is considered rehabilitative is decided by the person's GP and the medical assessor of the Dept.

The exemption for DA recipients to work is for persons currently on DA who wish to re-enter the workforce - similar to PCB, it is not for persons currently in employment who wish to apply for DA.

Edit: I found some more information on the SW website:
If work is deemed to be rehabilitative, then there are income disregards which allow a person to keep more of their DA. If work isn't deemed to be rehabilitative, then all income is assessed as means. It does state "taking up employment" rather than "being in employment".

I suggest you contact the section of the Dept who can assist with your specific query.

Some links:
http://www.welfare.ie/EN/Publications/SW29/Pages/1WhatisDisabilityAllowance.aspx

http://www.welfare.ie/EN/OperationalGuidelines/Pages/disall.aspx


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## McStuffins (4 Jan 2013)

I'm not confusing them. I've gotten illness benefit before during a couple of bouts of sight loss which totally prohibited me from working. But that passes and in between those bouts, I'd like to be able to stay in employment. I can't work on illness benefit so I don't want to go on that full time because it would mean laving my job. 
I can't go on partial capacity benefit unless I give up my job for six months first. And if I do that I won't have a job to go back to. 

It just seems totally bizzare that everything is geared toward getting someone with a disability back to work......and ignoring the fact that developing a disability may restrict someones ability to work full time. 

I'll give them a call and see if they can shed any light on it. FIS is fine in theory but my last renewal took 17 weeks to be process so I wouldn't be able to rely on FIS to tide me over. I'd be left living on 300e a week while paying 150 in rent and 100 in childcare....... 

It's really a mess. I don't want to give up work. But I'm just not able for a 40 hour week anymore. By day 4 I'm barely able to function. I meet all the criteria for DA. I just can't understand how they expect someone who is working to try and stay in work.


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## alanya (10 Jan 2013)

Hiya, I have M.S too, I was diagnosed in 2007, I have had doors closed on front of me e.t.c, I know lots of ins and outs now related to m.s so if you need any help just ask

ken


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## McStuffins (23 Jan 2013)

Thanks Ken. I have decided for now just to reduce by one day a week as I can manage on that amount. I have applied for DA but god knows when I'll hear anything about that. 
I am currently getting FIS so will be able to claim for an increase in that in June when it comes due for renewal if I haven't heard anything back about DA.
Hopefully taking one day extra a week off will help improve things.


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## Alli Dalli (11 Oct 2015)

Hi, I am in a similar position and would love to know how you got on, even though I know it was a few years ago now.  I was diagnosed with RRMS in May and have been struggling with fatigue.  I have been trying to go into work but only managing about 4 hours a day and now, after 6 months, they need to review my contract which to date has been full time and they have been paying me full time.  I know I will have to go part time but I live alone and am quite scared of how I will survive financially.  I also work in an office but with the tiredness and increasing difficulty with balance and walking, I just don't know if I will ever work full time again.    How did it all work out for you in the end?  Alison


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