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Tuesday, 30 Apr 2024

Written Answers Nos. 416-437

Housing Schemes

Questions (416)

Eoin Ó Broin

Question:

416. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the average all in cost to the Exchequer for social housing acquisitions purchased in 2023 with a breakdown, by local authority with the number of acquisitions and the average cost in each local authority area. [19303/24]

View answer

Written answers

Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).

Social Housing is delivered through a range of local authority and Approved Housing Body (AHB) delivery programmes across the build acquisition and lease delivery streams.

For 2023, the Government agreed that there would be increased provision for social housing acquisitions and my Department provided funding for local authorities to acquire at least 1,500 social homes. The additional acquisitions have primarily focused on properties where a tenant is in receipt of social housing supports and has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter in March 2023, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023.

My Department publishes comprehensive programme level statistics on a quarterly basis on social and affordable housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority, including completed acquisitions. From 2023, this data includes a breakdown of acquisitions completed by each local authority where a Notice of Termination issued to a tenant and is available, for all local authorities, to the end of Quarter 4 2023 on the statistics page of my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/.

The table below reflects the average cost to the Exchequer for social housing acquisitions broken down by each local authority.

Acquisitions 2023

Local Authority

SHIP Average Cost

CAS Average Cost

CALF Average Cost

Carlow

€ 190,018.75

€ 200,666.67

Cavan

€ 244,687.50

Clare

€ 210,461.54

€ 208,899.00

Cork City

€ 249,934.15

€ 231,666.67

€ 80,387.60

Cork County

€ 236,488.42

DLR

€ 430,000.00

Donegal

Dublin City

€ 307,553.14

€ 261,689.60

€ 70,555.25

Fingal

€ 337,142.86

€ 373,567.04

€ 68,650.87

Galway City

€ 275,527.78

€ 149,166.67

Galway County

€ 246,428.57

Kerry

€ 208,000.00

€ 148,820.13

Kildare

€ 256,781.38

€ 257,272.73

€ 48,359.44

Kilkenny

€ 273,227.27

€ 192,461.54

Laois

€ 219,785.71

€ 166,333.33

Leitrim

€ 184,100.00

Limerick

€ 210,958.33

€ 222,964.47

€ 80,929.54

Longford

€ 158,600.00

Louth

€ 242,810.81

€ 164,250.00

€ 80,929.54

Mayo

€ 159,666.67

Meath

€ 261,490.00

€ 205,500.00

€ 47,914.56

Monaghan

€ 176,500.00

€ 117,000.00

Offaly

€ 191,545.45

€ 186,750.00

Roscommon

€ 191,571.43

Sligo

€ 176,250.00

€ 111,142.86

South Dublin

€ 331,181.82

€ 214,000.00

€ 67,010.51

Tipperary

€ 191,741.15

€ 143,596.77

Waterford

€ 199,738.10

€ 198,636.36

Westmeath

€ 221,771.43

€ 103,316.67

Wexford

€ 196,083.33

€ 134,555.56

Wicklow

€ 294,597.36

€ 281,444.44

€ 85,798.91

** The information above is calculated using the financial information available to the Department, however data is subject to revision as claims are received from local authorities and final accounts are finalised for the SHIP and CAS Acquisitions.

** The Average CALF Amount represents the average amount of CALF funding provided. (A maximum of 30%).

Turf Cutting

Questions (417)

Seán Canney

Question:

417. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if a bog owner with two plots on a designated bog can designate a second household that used the second bog plot to receive compensation as they have lost the right to cut turf on the bog but have not received any compensation; and if he will make a statement on the matter. [19327/24]

View answer

Written answers

The Cessation of Turf Cutting Compensation Scheme (CTCCS) was established in 2011 for domestic turf cutters affected by the cessation of turf cutting on designated raised bogs. It comprises a payment of €1,500 per annum, index-linked, for 15 years, or relocation, where feasible, to a non-designated bog. The index-linked rate of compensation for 2024 is €1,839.

One of the primary objectives of the introduction of the CTCCS is to compensate families for the lack of access to fuel for domestic home heating to households as a result of the cessation of turf cutting on designated raised bogs. As such, one compensation claim per individual household is permitted under the scheme regardless of the number of bog plots owned by the individual within any bog encompassed by the scheme.

To qualify for the CTCCS scheme applicants must meet certain criteria including:

• Having a legal interest /ownership or turbary right in the designated bog since May 2010;

• Were cutting turf during the relevant 5 year qualifying period;

• The turbary is not exhausted

My Department would consider an application from the second household if the Cessation of Turf Cutting Compensation Scheme criteria are met. Further information on the scheme can be found on the National Parks and Wildlife Service website at the following link: www.npws.ie/peatlands-and-turf-cutting/turf-cutting-compensation-scheme

Additional bog plots not covered by CTCCS may qualify for the Protected Raised Bog Restoration Incentive Scheme (PRBRIS). This is a once off area based compensation scheme open to applications from property right holders who wish to have their lands included as part of the restoration scheme or where access is required for restoration works within a designated raised bog. More details on this scheme are also available on the National Parks and Wildlife Service website.

Question No. 418 answered with Question No. 391.

Departmental Expenditure

Questions (419)

Catherine Murphy

Question:

419. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will provide the amount of grant-aid returned and or surrendered to his Department, by local authority in 2022, 2023 and to date in 2024, to include the heading of which it was intended for. [19364/24]

View answer

Written answers

The funding system that applies to local authorities in Ireland is a complex one. Local authorities derive their income from a variety of sources including commercial rates, charges for goods and services and funding from Central Government including my Department but also other government departments and state agencies. Most of the funding from Central Government to local authorities must be used for specified services. These can be grouped into 5 broad programme categories: housing, transport, recreational, education and environment.

My Department has a wide and diverse business agenda, covering a broad range of functions, including local authority housing, voluntary housing, homeless services, estate regeneration, energy efficiency retrofitting, housing grants, rural water schemes, urban renewal/regeneration, and fire services.   In order to achieve its business objectives, my Department allocates significant resources to an extensive range of organisations, including local authorities, in the form of grant funding.  

Grant funding is provided primarily on the basis of vouched expenditure, as opposed to specific up front annual allocations. Such grant funding is provided once all necessary requirements as detailed in grant assistance schemes are met by the bodies/organisations concerned and where appropriate systems and procedures are in place to ensure the application of appropriate financial controls.  Accordingly, the circumstances of funding being returned to the Exchequer does not generally arise. 

However, some refunds were received to the Local Government Fund (LGF) in respect of the Covid Rates Waiver.  The Government provided support for local authorities via the LGF from 2020 through to Q1 2022, with €1.27bn (net of refunds) being provided for a rates waiver.  This took the form of a credit in lieu of rates, applied to ratepayer accounts by local authorities, and the value of which was subsequently recouped from this Department.  A number of authorities refunded a surplus in funding; €1.34m of which was returned to the Department in 2022 (€412k) and 2023 (€927k).

Emergency Accommodation

Questions (420)

Thomas Pringle

Question:

420. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 411 of 5 March 2024, if the technical working group has deemed suitable for progression under the emergency refurbishment (Ukraine) programme any of the properties that are currently subject to an open enforcement case by a local authority; and if he will make a statement on the matter. [19372/24]

View answer

Written answers

As set out in my reply to question number 411 of 5 March 2024, decisions on which properties are suitable for progression through the Emergency Refurbishment (Ukraine) programme are made by a Technical Working Group (TWG), which works under the auspices of the Accommodation Working Group. All properties offered are subject to inspection by the relevant local authority to ensure compliance, should they be deemed potentially suitable for progress through the programme.

My Department participates in the TWG. However, under Section 30 of the Planning and Development 2000 Act, as amended, as Minister for Housing, Local Government and Heritage, I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. Therefore, my Department does not hold information on planning enforcement cases and how any such case may relate to an offer in respect of the refurbishment programme. Any concerns regarding planning issues, fire certification or building control should be addressed to the relevant local authority.

Departmental Communications

Questions (421)

Steven Matthews

Question:

421. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to a matter (details supplied); the actions he will take to ensure that this anomaly is rectified; and if he will make a statement on the matter. [19377/24]

View answer

Written answers

Section 160 of the Local Government Act 2001 provides the Minister with the power to declare qualifications of such classes and descriptions as he or she thinks fit for a specified employment under a local authority or for such of the employments as belong to a specified class, description or grade.  Orders made under section 160 of the Local Government Act 2001 declaring qualifications for engineering roles in the local government sector are available on my Department's website at the following link: www.gov.ie/en/collection/c450a-engineering-services-in-local-authorities-qualifications/

The recruitment and filling of posts in the local authority sector is undertaken both by individual local authorities and the Public Appointments Service depending on the level and tenure of the post concerned.  Section 160(1)(c) of the Local Government Act 2001 provides that a person is not be appointed to any employment under a local authority for which qualifications are for the time being declared under section 160 unless he or she possesses those qualifications.

My Department undertakes reviews of declared qualifications as necessary and has recently commenced a review of the suite of current engineering qualifications declared under section 160 of the Local Government Act 2001.

Vacant Properties

Questions (422)

Ivana Bacik

Question:

422. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he is aware of reports of a failure by a municipal district office (details supplied) to maintain vacant and derelict sites registers; and if he will make a statement on the matter. [19380/24]

View answer

Written answers

Local authorities are required to submit an annual return to my Department providing information on the implementation of the derelict site levy (under the provisions of the Derelict Sites Act 1990) and the vacant site levy (under the provisions of the Urban Regeneration and Housing Act 2015) in their functional areas. The most recent information provided by Cork County Council in this regard in respect of 2023 is provided in the attached tables. 

Under the provisions of the two Acts, local authorities are required to maintain a derelict sites register and a vacant site register in respect of properties deemed to be derelict sites and vacant sites in their respective functional areas. The registers are required to indicate the addresses of the sites listed and the name and address of their registered owners. Under both Acts, the registers are required to be kept at the offices of the local authority and be available for inspection at their offices during office hours. There is no legislative requirement for local authorities to publish their registers on their respective websites. Notwithstanding the foregoing, information in relation to the Derelict Site Register for Cork County Council is available at Derelict Sites & Dangerous Structures | Cork County Council (corkcoco.ie) while information on it's Vacant Site Register is available at cork-county-vacant-sites-register-updated-december-13th-2023.pdf (corkcoco.ie).

There is no legislative requirement for local authorities to provide information in the implementation of the two levies in respect of municipal district areas within their functional areas. Any requests for further information on the implementation of the two levies should be addressed to the local authority concerned.

A Co Cork Vacent Sites list

Question No. 423 answered with Question No. 391.

Housing Schemes

Questions (424)

Noel Grealish

Question:

424. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if he will consider allowing local authority houses acquired under the Part V planning process to be sold to tenants under the tenant incremental purchase scheme; and if he will make a statement on the matter. [19439/24]

View answer

Written answers

The Tenant (Incremental) Purchase Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the scheme. The scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014 and the Housing (Sale of Local Authority Houses) Regulations 2015, as amended by the Housing (Sale of Local Authority Houses) (Amendment) Regulations 2023.

The Regulations provide for a number of specified classes of houses to be excluded from sale, including those provided to local authorities under Part V of the Planning and Development Act 2000. The Part V provisions seek to promote social integration and secure mixed tenure, sustainable communities. Accordingly, Part V properties are excluded from the scheme to ensure the original policy goals of the legislation are not eroded over time and the properties remain available for people in need of social housing support. 

My Department monitors schemes such as this on an ongoing basis to ensure that they remain effective and sustainable, however, there are no plans to amend this aspect of the scheme at this time. 

Septic Tanks

Questions (425)

Marian Harkin

Question:

425. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage to clarify an issue in regard to septic tank grants (details supplied); and if he will make a statement on the matter. [19442/24]

View answer

Written answers

The policy of providing grant funding to households for work on Domestic Waste Water Treatment Systems (DWWTS), including septic tanks, arises from the need to address damage being done to water quality in sensitive areas in particular. 

The three different grants available are focused on the areas of greatest environmental priority and are available only in circumstances relating to risks to water quality and/or human health and the environment, and are not general in application. In November 2023, I announced significant improvements to the grants available which came into effect from 1 January 2024.  

However, the grants continue to be available only in circumstances relating to risks to water quality and/or human health and the environment. I have no plans to make further changes.

The Environmental Protection Agency (EPA) is required, under the Water Services Act 2007, to prepare a National Inspection Plan for the inspection and monitoring of DDWWTS. The local authorities are responsible for the implementation of the plan, in their area, on behalf of the EPA. The plan details the current minimum number of inspections required to be carried out nationally as 1,200 per annum. My Department provides funding to cover the reasonable staff costs, however the appointment of DWWTS inspectors is a matter for each local authority.

Housing Policy

Questions (426)

Claire Kerrane

Question:

426. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if consideration has been given to extending recent changes to the consideration of child maintenance as means for social welfare payments to the housing assistance payment, given the recognition that one parent families are at a higher risk of poverty; and if he will make a statement on the matter. [19447/24]

View answer

Written answers

In order to be eligible for the Housing Assistance Payment, a household must first qualify for social housing support and be placed on a housing list. Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy.

Under the Policy, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities have discretion to decide to disregard income that is temporary, short-term or once-off in nature. However, with the exception of the specific payments listed in the Policy as being disregarded, all income from social insurance and social assistance payments, allowances and benefits, and maintenance payments received is assessable. There is no provision in the policy to deduct any other regular outgoings, such as maintenance paid in respect of family members, from gross household income for the purposes of the income threshold.

My Department is currently in the process of reviewing assessable and non assessable income under the Policy in order to ensure it continues to be appropriate. 

Departmental Schemes

Questions (427)

Matt Carthy

Question:

427. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage if he will review the funding scheme that provides funding for communal facilities at a level of €7,500 per unit of accommodation delivered under CAS, considering the current model of funding per unit discriminates against smaller developments (details supplied) despite the fact that the need for communal facility can be very evident in these instances; and if he will make a statement on the matter. [19451/24]

View answer

Written answers

The communal facilities grants scheme funded via the National Lottery, is for facilities to assist residents of supported housing delivered via the Capital Assistance Scheme. Facilities supported under the communal facilities grants scheme can include communal dining and kitchen areas, activity rooms, laundries, accommodation for therapy or treatment, or other facilities reasonably required to improve the residents’ living conditions.

Given its particular target of improving the living conditions of the residents of supported housing, it is not within the scope of the communal facilities grants scheme to fund facilities whose primary intention is for broader based community use, which may be the preferred outcome for the proposal referenced in the Question. At the same time, while the communal facilities grants scheme is for residents of supported housing, there is no barrier to such facilities being availed of by broader community interests.

My Department will be considering the levels of funding available under the communal facilities grants scheme as part of the Estimates process ahead of Budget 2025 later this year.

Heritage Projects

Questions (428, 430)

Eoin Ó Broin

Question:

428. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if his Department has plans to progress the proposal for a Liffey Valley park (details supplied); and if so, if he will outline the status of the project and a timeline for commencement. [19493/24]

View answer

Mark Ward

Question:

430. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage if he plans to designate the Liffey Valley region as a park or national park to preserve and protect its unique biodiversity and Georgian architecture (details supplied); and if he will make a statement on the matter. [19502/24]

View answer

Written answers

I propose to take Questions Nos. 428 and 430 together.

The National Parks and Wildlife Service (NPWS) of my Department is aware of the strategy document published in 2006 by several councils in relation to the creation of a Liffey Valley Park. The Steering Group for this strategy involved the OPW, Fingal County Council, Dublin City Council, Kildare County Council and South Dublin County Council.  The NPWS is not a member of this group, nor is it engaged in discussions with this group in relation to these proposals.

It should also be noted that, in general, while the NPWS occasionally purchases land for strategic and conservation purposes, details surrounding such matters are considered commercially sensitive and not normally released into the public domain.

Question No. 429 answered with Question No. 407.
Question No. 430 answered with Question No. 428.

Departmental Bodies

Questions (431, 432)

Neasa Hourigan

Question:

431. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage the average time in 2023 for Táilte Éireann to resolve applications to correct mapping errors; and if he will make a statement on the matter. [19535/24]

View answer

Neasa Hourigan

Question:

432. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage how many applications to resolve map errors are currently outstanding with Táilte Éireann; and of those, how many are listed as expedited by Táilte Éireann. [19536/24]

View answer

Written answers

I propose to take Questions Nos. 431 and 432 together.

Tailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provides a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.

In amending the Land Register, it is important to ensure that the integrity of the Register is maintained, that no party will suffer a financial loss as a result of the amendment, and that all affected parties are aware of the amendment. Tailte Éireann has advised that every request to investigate a potential error on the Land Register or Map results in a thorough investigation, necessitating retrieval of various Instruments and documents from Tailte Éireann archives and, at times, from the Land Commission archives. Any objections received from service of notice must also be taken into account and can lengthen the processing time significantly.

2,847 new applications were received by the dedicated Register and Mapping Review Unit in Tailte Éireann in 2023. However, there were a number of applications on hand at the start of January 2023 which has contributed to the delays in processing same. 2,969 cases were completed in 2023 of which 1,486 found that there were no errors in registration.  Tailte Éireann has advised that currently, there are 538 applications pending in the Register and Mapping Review Unit where an issue has been identified with the Registry map. There are 1,549 cases pending review in relation to possible issues with the Registry map, of which 25 have been identified as Expedite cases. The requests are being processed in date order from the date of first notification of the potential error.  It is understood that Tailte Éireann is in the process of adopting new procedures to improve the processing times for map investigations and are confident that waiting times will decrease as a result.

It is important to note that in all cases, sufficient evidence of the error must be provided in order for Tailte Éireann to investigate. It is recommended that the registered owner of the property, or their solicitor, request a copy of previous Instruments to ascertain where the possible error may have originated. The registered owner, or their solicitor, should then forward the written request to investigate by email to QAexternal@tailte.ie or by post to Tailte Éireann, Chancery Street, Dublin 7, Ireland, D07 T652. 

Every effort is made to expedite applications where valid grounds exist, and where sufficient evidence of the error has been provided. Further information in relation to specific cases may be obtained by Oireachtas members by contacting the dedicated e-mail address in respect of Tailte Éireann at oireachtas@tailte.ie.

Question No. 432 answered with Question No. 431.

Departmental Bodies

Questions (433)

Neasa Hourigan

Question:

433. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage if, given the demand for housing, Táilte Éireann prioritises applications related to habitable properties; and if he will make a statement on the matter. [19537/24]

View answer

Written answers

Tailte Éireann is an independent Government agency under the aegis of my Department.  Tailte Éireann provides a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.

Applications lodged with Tailte Éireann for registration on the National Land Register are, in the main, processed in date of lodgement order  in line with Rule 58(1) of the Land Registration Rules, 2012. The Land Register provides details of title to property in Ireland based on registered Folios. The information relating to the ownership of the Folio, and any burdens on the property, is recorded on the Register. However, the Register does not indicate whether the Folio includes a building of any kind or, where a building exists, if it is commercial or residential property.

It is understood that Tailte Éireann is therefore not in a position to put in place processes which provide priority of processing based on whether the property contains a house which is in habitable condition. It is important to note that any delays in registering applications lodged with Tailte Éireann should, in the main, have no effect on the provision of housing. Registration of the legal effect of a property transfer occurs as the final part of the conveyancing process once the property has already been transferred to the new owners.  

Lodging parties may contact Tailte Éireann in relation to a specific case by email at info@tailte.ie. Further information in relation to specific cases may be obtained by Oireachtas members by contacting the dedicated e-mail address in respect of Tailte Éireann at oireachtas@tailte.ie

General Register Office

Questions (434)

Richard Bruton

Question:

434. Deputy Richard Bruton asked the Minister for Social Protection if she is aware that the research room for the general records is now only open one day a week, down from five, which is considerably hampering research; and if she will consider arrangements to make it more accessible. [19415/24]

View answer

Written answers

The research room is based in Werburgh Street, Dublin and is operated by staff from the General Register Office and operates under the aegis of my Department.

Prior to Covid-19 the office opened 5 days a week. The enforced closure of the office to the public during Covid highlighted an issue around access to the records held in the research room. Access to the indexes used for research purposes required that members of the public had to travel to Dublin and share access with other users. Additionally, the indexes were not fully up to date and nor could they be digitally searched or queried. The service was not used extensively by members of the public and there was significant costs to the Department in opening and maintaining the building 5 days a week.

A new method to access the records was introduced during Covid that allowed members of the public to email their research request to the staff of the GRO. Staff have access to digitalized records and indexes within the Department's internal registration computer system which allowed them to provide a more accurate, faster and more complete search for the customer. This new system has improved the service that is offered by the research room and has been welcomed by users.

To cater for persons who do wish to attend in person, the office remains open to members of the public each Tuesday in addition to the provision of the email service. The service has also recently expanded the opening hours on Tuesdays and is no longer closed for lunch.

The GRO have engaged with both professional and individual researches over the use of the service and have received positive feedback in relation to the new opening hours and the continued use of the email service.

I trust this clarifies the matter for the Deputy

Departmental Correspondence

Questions (435)

Fergus O'Dowd

Question:

435. Deputy Fergus O'Dowd asked the Minister for Social Protection if she will respond to concerns raised in correspondence (details supplied); and if she will make a statement on the matter. [18733/24]

View answer

Written answers

The Deputy will appreciate that I cannot comment or intervene on the pension arrangements applying to a particular pension scheme.

My Department has no role in setting the level of pension increases received by members of occupational pension schemes, irrespective of whether those schemes operate in the public or private sector. Pension increases for occupational pensions are a matter for the scheme trustees to whom enquiries should be addressed.

As the Deputy will be aware, scheme trustees have duties and responsibilities under trust law, under the Pensions Act 1990, as amended, and under other relevant legislation. The duties of pension scheme trustees include administering the scheme in accordance with the law and the terms of the trust deed and scheme rules as well as ensuring compliance with the requirements that apply to these schemes. Trustees have a fiduciary duty to act in the best financial interest of all scheme members, whether active, deferred or retired, and must serve all beneficiaries of the scheme impartially.

The Private Members’ Bill on Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021 is primarily focused on amending industrial relations-related legislation. As such, the Department of Enterprise, Trade and Employment, which has overall policy responsibility for such matters, is the lead Department for addressing these issues. As a Private Members Bill, it is a matter for the sponsoring deputies to progress the Bill.

Finally, issues relating to the application of the pensions levy are a matter for the Minister for Finance.

I hope this clarifies matters for the Deputy.

Social Welfare Payments

Questions (436)

Paul McAuliffe

Question:

436. Deputy Paul McAuliffe asked the Minister for Social Protection if she will carry out a review of a disability allowance for a person (details supplied). [18762/24]

View answer

Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

I confirm that my department received an application for DA from this person on 21 December 2023.

After reviewing the provided evidence with this application, their application was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 21 March 2024.

Subsequent to a representation made by the Deputy, including additional medical documentation, on 22 April 2024, a review of the initial decision was conducted. The original decision was upheld, and the applicant was notified on 24 April 2024.

This person has the options to reapply for DA, request a further review of the decision of 24 April 2024, or to appeal to the Social Welfare Appeals Office (SWAO).

I trust this clarifies the matter for the Deputy.

Carer's Leave

Questions (437)

James Lawless

Question:

437. Deputy James Lawless asked the Minister for Social Protection to examine the current criteria regarding carers leave/benefits (details supplied); and if she will make a statement on the matter. [18784/24]

View answer

Written answers

The main income supports to carers provided by the Department of Social Protection are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending on these payments is expected to amount to over €1.7 billion this year.

The Carer’s Leave Act 2001 allows employees to leave work temporarily to provide full-time care and attention for someone who needs it. The minimum statutory entitlement is 13 weeks, with a maximum of 104 weeks in respect of any one care recipient. An employee must have completed at least 12 months continuous service with their employer before being entitled to Carers’ Leave. Responsibility for Carers' Leave, in addition to other forms of family and flexible leave, is a matter for the Minister for Children, Equality, Disability, Integration and Youth.

Carer’s Leave from employment is unpaid but a person's job will be kept open for when they return.

During this period of leave from employment a person may qualify for either the social insurance based Carer's Benefit payment or the social assistance based Carer's Allowance payment. It is important to note that a person can take Carers' Leave even where a person does not qualify for these payments.

Carer's Benefit is a payment made to insured people who leave the workforce to care for someone in need of full-time care and attention. It is payable for a maximum period of 104 weeks for each person being cared for. It can be taken in one block or in separate periods as long as the combined total does not exceed 104 weeks. A person may be eligible providing they meet the qualifying conditions, including whether they have sufficient PRSI contributions, as follows:-

• Have at least 156 contributions paid at any time since first starting work (entering into the social insurance PRSI system).

They must also have:

• 39 contributions paid in the relevant tax year, or

• 39 contributions paid in the 12-month period before the start of Carer's Benefit, or

• 26 contributions paid in the relevant tax year and 26 contributions paid in the year before that.

In circumstances where the Carer's Benefit entitlement exhausts, after the maximum 104 weeks of payment in respect of the same caree, the carer can apply for the means-tested Carer's Allowance payment.

It should be noted that not all those claiming Carer’s Benefit opt to remain in payment for the full 104 weeks. The average average total number of weeks used by recipients per year from 2020 to 2023 was 71 weeks. Furthermore the payment is complemented by the Carer's Leave Act 2001, which allows employees to leave their employment temporarily to provide full-time care up to a maximum of 104 weeks. In this regard I do not consider it necessary to extend the maximum duration of the payment.

Finally the Carer's Benefit payment is made on the basis of the applicant themselves satisfying the qualifying conditions of that scheme.

I trust that this clarifies the issue for the Deputy.

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