Introduction This chapter will analyse the Irish social welfare system in the context of protecting the rights of people with disabilities. It will set out the supports available for people with disabilities within the social welfare system. Furthermore, it will provide a brief overview of the development of the Irish welfare state throughout the late 19th to early 21st century while undertaking a comparative analysis of the Irish social welfare system and international social welfare systems in the context of disability support. The chapter will examine areas for reform regarding disability-specific social welfare supports, and how the system might better vindicate the rights of people with disabilities looking to the future of social protection. Overview of Irish Social Welfare Supports The social welfare system in Ireland provides a complex variety of direct and indirect payments to help people with disabilities and their carers to manage the costs of living. The Disability Allowance, the Blind Pension and the Carer’s Allowance are social ‘assistance’ payments offered irrespective of Pay Related Social Insurance (PRSI) contributions.317 There are also social ‘insurance’ schemes, payment of which is contingent on PRSI contribution, including the Partial Capacity Benefit, Disablement Benefit, and the Carer’s Benefit. A range of other schemes provide additional support for costs including health and housing.318 The Disability Allowance is a weekly payment of a maximum of €208,319 with an increased payment available for dependent children, and any spouse, civil partner, or cohabitant with an income below a certain threshold. To be eligible for the disability allowance, a person must be ‘substantially restricted’ from working in employment which would be otherwise suitable for a person of their age, qualifications and experience, as a result of an injury, disease, or disability (physical or mental) lasting or expected to last for at least one year. They must also be habitually resident in Ireland, be over 16, and satisfy a means test.320 The first €140 of a person’s weekly income is not included in the means test, 50% of income from €140-350 is included, and 100% of any income over €350 a week is included.321 This €350 cap will be
317 Department of Social Protection, Statistical Information On Social Welfare Services Annual Report 2020 (DPS, 2020) <file:///Users/muireanncarton/Downloads/152643_d6371436-0518-471e-9674-a2b6a92739a2.pdf> accessed 7 January 2022. 318 Disability Federation of Ireland, Budget 2022 Key Measures (DFI, 2021) <https://www.disabilityfederation.ie/assets/files/pdf/budget_2022_key_measures.pdf> accessed 7 January 2022. 319 Social Welfare Consolidation Act 2005, s 211. 320 Social Welfare Consolidation Act 2005, s 210. 321 Social Welfare Consolidation Act 2005, s 211.
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