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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Partial Capacity Benefit is a social welfare scheme which allows you to return to work or self-employment if you have reduced capacity to work as a consequence of your illness or disability and to continue to receive a payment from the Department of Social Protection (DSP).
How do I qualify for Partial Capacity Benefit?
If you are currently getting Illness Benefit (for a minimum of 6 months) or Invalidity Pension and wish to return to work, you may qualify for Partial Capacity Benefit if your capacity for work is reduced by your medical condition. You will qualify for Partial Capacity Benefit if your restriction on capacity for work is assessed as moderate, severe, or profound. If it is assessed as mild you will not qualify.
There is no requirement that the work a person does while on Partial Capacity Benefit has to be for rehabilitative or therapeutic purposes.
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I am in receipt of Invalidity Pension & thinking of doing voluntary work. Must I apply for Partial Capacity Benefit?
No, you do not have to transfer onto the Partial Capacity Scheme if you wish to do voluntary work.
How long can I get Partial Capacity Benefit?
If you are coming from Invalidity Pension, your Partial Capacity Benefit will continue for a maximum of 3 years (156 weeks). However, you can apply for PCB again.
You will be reassessed to find out if you qualify. If you are coming from Illness Benefit, your Partial Capacity Benefit payment will continue to the end of your entitlement to Illness Benefit.
If I transfer to Partial Capacity Benefit and start work but become ill again what are my options?
When you are getting Partial Capacity Benefit and you are unable to work for a period of time due to illness, you should contact the Partial Capacity Section and let them know about your situation
For short periods of illness (up to 8 weeks at a time), you can stay on Partial Capacity Benefit, but your weekly rate can be increased to the full Illness Benefit or Invalidity Pension personal rate.
For longer periods of illness (greater than 8 weeks), DSP will reassess your Partial Capacity Benefit claim and you may return to your Illness Benefit or Invalidity Pension. If you become able for work again you can contact DSP about going back onto Partial Capacity Benefit.
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What is the rate of Partial Capacity Benefit?
Partial Capacity Benefit is made up of a personal rate for you and may include increases for your qualified adult and qualified children.
The personal rate of payment is based on the assessment of your restriction on capacity for work, whether you were in receipt of Illness Benefit or Invalidity Pension and your current rate of payment.
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Do I keep my entitlement to secondary benefits if I transfer to Partial Capacity Benefit?
If you were getting Invalidity Pension and were entitled to Free Travel or Island Allowance, you can keep these if you qualify for Partial Capacity Benefit. You cannot keep your Fuel Allowance.
You can also keep the Household Benefits Package but it will be means-tested after the first 2 years and annually after that. The means test has a weekly income limit.
This limit is the maximum rate of State Pension (Contributory) for your circumstances (this includes any dependents you may have) plus €120. Your weekly income limit is then compared to your weekly means in a means test.
If you were getting Invalidity Pension and a Living Alone Allowance (LAA) with your Invalidity Pension (or you start to live alone while you are getting PCB), your rate of PCB will be calculated on the basis of your Invalidity Pension and your LAA.
So, for example, if your restriction on capacity for work is severe, your PCB payment will be 75% of your IP and LAA payment.
You should check with the Department of Social Protection to see how your Rent Supplement may be affected by your participation in the Partial Capacity Scheme.
How do I apply for Partial Capacity Benefit?
You complete a Partial Capacity Benefit form, which you can get from the Department of Social Protection or from your local Citizens Information Centre. A Medical Assessor will assess the restriction on your capacity for work.
This may require you to attend a medical assessment. You should include all appropriate medical evidence with your application. If you qualify for Partial Capacity Benefit, you are not required to send in medical certificates.
When should I apply?
You must apply for Partial Capacity Benefit (PCB) within 21 days of starting work. You can apply for Partial Capacity Benefit before you get a job. You must start work within 13 weeks of making your application.
Partial Capacity Benefit is not paid to people over 66. You should apply for a State Pension at least 3 months before your 66th birthday.
What are my options, if I apply for PCB and my application is unsuccessful?
You can appeal a decision on your claim for Partial Capacity Benefit to the independent Social Welfare Appeals Office. You should appeal within 21 days of getting the decision. If you need advice or assistance with your appeal, you should contact your local Citizens Information Centre for advocacy support.
• If you need further information about any of the issues raised here or you have other questions, you can call a member of the local Citizens Information Service in Kerry.
Tralee Tel; 0818 07 7860 Email: tralee@citinfo.ie
Killarney Tel: 0818 07 7820 Email: Killarney@citinfo.ie
Caherciveen Tel: 0818 07 7780 Email: caherciveen@citinfo.ie
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