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Know Your Rights: Supports for people who are unable to work due to illness or disability

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Q. What Social Welfare (SW) supports are there for people who have to take time off work due to illness?

There are a number of illness related SW payments. If you have an accident at work or while travelling directly to or from work (on an unbroken journey) you would be eligible to apply for Injury Benefit if you are off for at least six days (not including Sunday or Public Holiday).
If you are working as an employee and have enough PRSI paid, you will generally go on to Illness Benefit first. This payment is not available to self-employed people. It is paid for a maximum of two years. Illness Benefit is not linked to your employer's policy on pay for sick leave. Whether your employer pays you or not while you are out sick from work, you should claim Illness Benefit from the first day of your illness.

Q. Does an employer have to pay sick pay if an employee is out sick?

In general, you have no legal right to be paid while you are on sick leave from work. Currently it is at the discretion of the employer whether or not sick pay is paid. Employees should check what it says in their contract of employment. This is due to change in 2022 and legislation will have to be enacted to bring in a legal entitlement to some paid sick leave.

Q. What changes are proposed in 2022?

Firstly, it is important to state that this is a draft scheme. Changes may take place before it is enacted. At present it is planned that the draft scheme will introduce:

Paid sick leave for up to three sick days in 2022. This is planned to increase to five days in 2023, seven days in 2024 and 10 days in 2025.
A rate of payment for statutory sick leave of 70% of normal wages to be paid by employers (up to a maximum €110 per day).
To be entitled to paid sick leave under the new scheme, you must be working for your employer for at least six months. You will also need to be certified by a GP as unfit to work.

Q. Can you get Illness Benefit and sick pay at the same time?

You can apply for Illness Benefit while you are also getting sick pay. But if your employer already provides sick pay, they will probably ask you to sign over any Illness Benefit payment to them for as long as the sick pay continues.

Q. What happens if someone is still unable to go back to work after two years or has a long-term illness?

Invalidity Pension is a weekly payment to people who cannot work because of a long-term illness or disability and are covered by social insurance (PRSI). At 66, you transfer automatically to the State Pension (Contributory) at the full rate. Invalidity Pension is taxable. You are entitled to a Free Travel Pass. You may also get extra social welfare benefits, for example, the Household Benefits Package. Invalidity Pension is also available to the self-employed who meet the PRSI requirements, which is a very positive development since 2017.

Q. What happens if you do not have enough PRSI contributions for Illness Benefit or Invalidity Pension?

In this situation, if you have a long-term illness or disability that has continued for at least one year or is expected to continue for at least one year and as a result you are substantially restricted from taking up suitable employment you would be applying for Disability Allowance. This is a means tested payment. If you have a short-term illness e.g. broke a bone and you do not qualify for Illness Benefit, your only option would be to apply for Supplementary Welfare Allowance which is a short-term emergency payment. This is also means tested.

Q. Is it different if somebody has to take sick leave due to COVID-19?

If a worker is told to self-isolate, restrict their movements or diagnosed with COVID-19, they can apply for a COVID-19 enhanced Illness Benefit payment of €350 per week. Both employees and self-employed people can qualify for the COVID-19 enhanced Illness Benefit. This payment remains in place until February 8, 2022.

Q. What happens to my annual leave when I am off sick?

If you become ill during your annual leave and get a medical certificate for the days you are ill, these sick days will not be counted as annual leave days. Instead, you can use the same number of days as annual leave at a later date. An employer cannot insist that you take annual leave on days you are off sick, if you have a medical certificate for those days. You can build up your annual leave entitlement while you are off sick, as long as you have a medical certificate. If you are on long-term sick leave and cannot take your annual leave due to illness, you can carry it over for up to 15 months after the end of the year it was earned. If you leave your job within these 15 months, you should get payment instead of the leave you did not take due to illness.

Q. If a situation arises where somebody has been off work and on an illness related Social Welfare payment but feels that they would like to go back to work but are unable to do so on a full-time basis due to their health issue - have they any options?

You have some options and these depend on which Social Welfare payment you are receiving. If you have been getting Illness Benefit (for a minimum of six 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 need to contact the Partial Capacity Benefit Section of the Department of Social Protection. They will send out an application form to you (forms are not currently available online). 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. You can apply for Partial Capacity Benefit before you start to look for work and any reduction (if applicable) to your personal rate is not applied until you start work.

Q. Is it different if you are getting Disability Allowance?

If you are receiving the means tested Disability Allowance (DA) and you start work, you need to notify the Department of Social Protection (DSP) and provide proof of your earnings. A wage slip, your contract of employment or a letter from your employer can be used as proof of your earnings. You can work and earn up to €140 a week (after paying PRSI, pension contributions and union dues) without your DA payment being affected. Amounts over this will impact on your Social Welfare payment. If you contact Citizens Information, we will go through the means test in detail with you and show how much you could expect to receive.

There is a lot of information here - so if someone would like more information they can call a member of the local Citizens Information team in Kerry on 0761 07 7860, email tralee@citinfo.ie, or log on to www.citizensinformation.ie for further information.

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Patient transfer to new hospital to begin on Monday

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Patient transfer to new hospital to begin on Monday



Following several false starts and long delays, the phased transfer of patients and residents to the new state-of-the-art Killarney Community Nursing Unit on Lewis Road is set to begin on Monday, August 10.



A major stumbling block regarding staff transfers and safe staffing levels was resolved following negotiations under the auspices of the Workplace Relations Commission (WRC).

With an agreement reached between the HSE and representative unions, including the INMO, SIPTU, and Fórsa, at long last, staff and residents are prepared to move into the new facility.

Welcoming the breakthrough, Councillor Marie Moloney expressed cautious optimism:

“It’s good news that an agreement has been reached with the staff and that transfer of residents and patients can finally take place to the Community Nursing Unit. So many families have been waiting for so long to see their loved ones transfer to this beautiful new facility. Let’s hope there will be no further delays.”

HSE National Director and Integrated Health Area Manager for Kerry, Julie O’Neill, confirmed that the agreement enables the facility to open safely on a phased basis:

“I welcome the agreement reached at the Workplace Relations Commission, enabling us to proceed with the opening of our new Community Nursing Unit in Killarney. I would like to thank everyone involved in reaching this agreement and acknowledge the constructive engagement of all parties.”

Fianna Fáil TD for Kerry and member of the Oireachtas Joint Committee on Health, Michael Cahill TD, also welcomed the news:

“This is very welcome news for older people and their families across Kerry. The new Killarney Community Nursing Unit has been eagerly awaited and I am delighted that agreement has now been reached to allow its phased opening from August 10. I know the delays have been a source of frustration for many families but today’s announcement provides certainty that residents will soon begin moving into this modern, purpose-built facility.”

Deputy Cahill acknowledged the efforts of all parties involved in negotiations, noting:

“I want to thank the HSE, the Workplace Relations Commission and the representative unions, the INMO, SIPTU and Fórsa for their constructive engagement in reaching this agreement. Ensuring safe staffing is essential, and I am pleased that a solution has now been found.”

He added:

“As a member of the Oireachtas Joint Committee on Health, I will continue to work to ensure Kerry receives the healthcare investment and staffing it deserves. The opening of this new unit is a major step forward for residential care in our county, and I look forward to seeing residents welcomed through its doors from August 10.”

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Call for plaque at historical burial site

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Call for plaque at historical burial site


Local history enthusiast Anthony Kerrigan has formally written to Kerry County Council proposing the installation of a commemorative plaque or historical marker at the unmarked Moyeightragh Burial Ground in Killarney, and is calling on Killarney Advertiser readers to back the initiative.

The ancient site is said to be in the vicinity of of Lewis Road and Fitzgerald stadium


The sacred site, registered under Monument Record KE066-068002, sits in the vicinity of Lewis Road and the Fitzgerald Stadium footprint. In his letter to council officials, Kerrigan explained how the landmark faded from view over generations.
“Historical mapping shows that this ancient burial ground was progressively built over and divided following the construction of Lewis Road in the 1850s and subsequent urban developments,” Kerrigan wrote. “While the site is completely invisible on the surface today, it remains a designated archaeological monument where subsurface human remains are protected in situ.”
Kerrigan highlighted that recent discoveries underscore the risk of the location being forgotten entirely, noting how the displacement of significant artefact, such as the 18th-century Margaret Shea grave ledger uncovered nearby during Park Road archaeological testing in 201, illustrates how vulnerable the memory of the site is to the passage of time.
Advocating for a permanent marker near the site, Kerrigan explained the cultural importance of recognising those buried there.
“As a matter of community respect, civic pride, and historical preservation, I believe a modest, non-invasive plaque or information board should be placed nearby,” he stated. He noted that such a marker would serve to honour past generations of Killarney citizens, educate visitors about the town’s shifting landscape, and prevent the total erasure of the designated heritage asset from local consciousness.
Kerrigan pointed out that the proposal aligns directly with the core objectives of the Department’s Community Monuments Fund regarding the enhancement and public accessibility of archaeological monuments. He expressed a desire to coordinate with the Council’s Heritage Office, the Burial Grounds Section, and local history groups like the Kerry Archaeological and Historical Society to ensure appropriate text and placement.

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