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Tuesday, 17 Oct 2023

Written Answers Nos. 355-374

Fuel Poverty

Questions (355)

Bernard Durkan

Question:

355. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate eligibility for fuel allowance for a person (details supplied) who is in receipt of disability allowance; and if she will make a statement on the matter. [44790/23]

View answer

Written answers

Fuel Allowance is an administrative (non-statutory) scheme and is payable to people who satisfy the conditions of the scheme and who either live alone or only with certain qualified people.

The person concerned must complete a Fuel Allowance application form and submit it to the Department in order to have their eligibility assessed and a formal decision made.

To date, no application for fuel allowance has been received from the person concerned. An application form for fuel allowance issued to the person on 11 October 2023. Alternatively, a person can apply online through their MyGovID account. A deciding officer will then review their entitlement to the allowance.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (356)

Bernard Durkan

Question:

356. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate in the case of a person (details supplied) who has applied for a top-up on her EU-based pension and who requires additional assistance for her ongoing care; and if she will make a statement on the matter. [44799/23]

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Written answers

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the habitual residence condition, as a first step, it must be established that the person has an unconditional right of residence in the State, that does not preclude them from receipt of relevant social assistance payments.

It is not possible to apply discretion in relation to the application of the Habitual Residence Condition. Should the person be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit this evidence to the Department in order for their eligibility for state pension non-contributory to be considered.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (357)

Bernard Durkan

Question:

357. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for disability allowance in the case of a person (details supplied) whose appeal has been pending since November 2022; and if she will make a statement on the matter. [44867/23]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 25th January 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.

These papers were received on 24th April 2023 and the case was assigned to an Appeals Officer on 9th May 2023, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

The timeframe in which an appeal is processed can vary depending on the cases complexity, or if further clarification is required.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (358)

Paul Kehoe

Question:

358. Deputy Paul Kehoe asked the Minister for Social Protection if there are any plans to allow for an increased contributory pension qualified adult allowance payment for persons (details supplied); and if she will make a statement on the matter. [44882/23]

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Written answers

My Department provides income supports through contributory payments (which are based on a person's social insurance record) and means-tested social assistance payments.

A State pension (contributory) recipient can claim an increase on their pension in respect of a qualified adult where the eligibility conditions for this means-tested payment are satisfied.

An Increase for qualified adult (IQA) is payable at the maximum rate of payment where the means of the qualified adult are not more than €100 per week. Reduced rates are payable where means are over €100 and not more than €310 per week. No increase is payable where means are in excess of €310 per week.

A review of the rate payable can be undertaken where a reduced rate IQA is in payment, and the individual’s circumstances have changed. Although no additional allowances are paid to the qualified adult when their spouse or civil partner has moved to residential care, the payment of eligible allowances, such as fuel allowance will continue in payment.

It is open to the qualified adult to apply for a State Pension (contributory) in their own right. The rate awarded is based on their insurable record. Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equates to 10 years of full-rate insurable employment.

Both the Homemaker’s Scheme and Home Caring Periods can be used to improve a person’s rate of pension entitlement. However, a person must firstly satisfy the qualifying conditions for State pension (contributory) to avail of either of these schemes. In September 2022, I announced a series of landmark reforms to the State Pension system. The measures are in response to the Pensions Commission’s recommendations and represent the biggest ever structural reform of the Irish State Pension system.One of the most important reforms agreed by Government is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of paid contributions to long-term carers to cover gaps in their contribution record.

The Long-Term Carer's Contributions (LTCC) will be available to those who provided full time care for 20 years (1040 weeks) or more to an incapacitated dependent. The periods of care-giving do not need to be consecutive. I expect to bring the legislation required to introduce the LTCC before the Oireachtas soon, with the scheme being fully implemented from January 2024. My Department launched an online system for people to register for LTCC. This will facilitate the expeditious processing of LTCC upon enactment of the legislation.

It is also open to the qualified adult to have their entitlement for State pension (non-contributory) examined, the maximum rate of which equates to 95% of the maximum rate of state pension (contributory).

If the Deputy has a specific case in mind, please send the details to my Department and my officials will look into it.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (359)

Paul Murphy

Question:

359. Deputy Paul Murphy asked the Minister for Social Protection her views that those aged 70 years and over in receipt of the household benefits package should be entitled to any lump sum payments provided to those who qualify for the fuel allowance; and if she will make a statement on the matter. [44886/23]

View answer

Written answers

The measures contained in the Budget are designed to support the most vulnerable in our society with the increased cost of living and it is for this reason that I announced that Fuel Allowance recipients would receive a €300 lump-sum payment in November.

The qualifying criteria for Fuel Allowance ensure that the payment is targeted at those who are more vulnerable to fuel poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

A person aged 70 or over may receive the Household Benefit package irrespective of their means or their household composition.

As part of the overall welfare Budget 2023 package a number of considerable reforms were made to the Fuel Allowance Scheme. These reforms ensured that more older people qualified for the Fuel Allowance payment.

The reforms included a new means threshold for those aged over 70 of €500 for a single person and €1,000 for a couple. The means threshold is based on gross income. In addition, for people aged 70 or over, the amount of capital (savings and investments) that is disregarded in the means test for Fuel Allowance was increase from €20,000 to €50,000. Savings over €50,000 are assessed on a proportionate basis only.

Finally, my Department provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (360)

Mairéad Farrell

Question:

360. Deputy Mairéad Farrell asked the Minister for Social Protection if she will publish the payment dates of all additional lump sum payments announced as part of budget 2024; and if she will make a statement on the matter. [44933/23]

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Written answers

In response to the ongoing cost of living pressures, I have secured a package of €2.3 billion for Social Protection measures as part of Budget 2024. This represents the largest Budget package for the Department of Social Protection in the history of the State and will help to support our pensioners, carers, people with disabilities, lone parents and families during this difficult period.

As part of this package, a wide range of lump-sum payments will be paid between in the coming months. In the second half of November the following lump sums will be paid:

• €400 to Working Family Payment recipients

• €400 to recipients of Disability Allowance, Blind Pension and Invalidity Pension

• €400 to recipients of the Carer’s Support Grant

• €200 to recipients of the Living Alone Allowance

• €300 to all Fuel Allowance recipients in 2023 and

• €100 for each child in respect of whom an Increase for a Qualified Child is in payment.

In early December there will be a double payment of Child Benefit and a 100% Christmas Bonus. At the end of January 2024 there will be another 100% double payment similar to the Christmas Bonus.

My Department is currently working on developing the IT systems to issue each of these payments and a timetable with the full schedule of dates for each payment will be published shortly.

State Pensions

Questions (361)

Robert Troy

Question:

361. Deputy Robert Troy asked the Minister for Social Protection if she will examine the reason a person in receipt of a partial contributory pension does not receive a full increase and only receives a pro rata increase; if she agrees that this leaves partial pension holders at a disadvantage in terms of cost-of-living increases. [44936/23]

View answer

Written answers

As announced in Budget 2024, the maximum rate for the State Pension (contributory) is set to rise by €12 to the new rate of €277.30 per week in January 2024. This was part of a range of targeted measures included in the budget to help older people with the cost of living. These include a Christmas bonus payment, a further bonus payment in January, a €200 lump sum payment for those in receipt of the Living Alone Increase and a €300 lump sum payment for those in receipt of the Fuel Allowance.

The State Pension (contributory) is a contributory pension based on the social insurance record of each recipient. Those who have 40 years worth of contributions, paid or credited, or have an average of 48 contributions for each year since they entered the social insurance system, receive the maximum rate payment. Those who do not qualify for the maximum rate payment receive a payment more closely aligned to their contributions.

When the maximum rate is increased, those below the maximum rate receive the same proportionate increase. If pension recipients in receipt of a pension below maximum rate were to receive an increase of €12 per week, they would receive a greater proportionate increase than those at the maximum rate, who have contributed more to the social insurance fund from which the pension is paid.

The State Pension (non-contributory) is available for all residents over 66 years and may be paid at a rate equivalent to 95% of the State Pension (contributory). While the payment is means tested, significant disregards are available.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (362)

Michael Healy-Rae

Question:

362. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will review an overclaim on behalf of a person (detailed supplied); and if she will make a statement on the matter. [44937/23]

View answer

Written answers

The person concerned was assessed with an overpayment on their Invalidity Pension from 1 August 1999 to 24 October 2001. In addition to the collection of their invalidity pension, they were also in employment.

The claimant appealed the decision to the independent Social Welfare Appeals Office. The appeal was disallowed as it was determined that, even if someone else cashed the payments during the period involved, the claimant was responsible for the custody of their pension book and there was an onus on them to return the book to the Department when they commenced employment.

The current outstanding balance is €10,310.97. Recovery of the overpayment continues by the deduction of 15% of the claimant's weekly State pension, as provided for in legislation.

All information available in this case has been examined. In the absence of new information, the decision to raise the overpayment stands.

If the rate of recovery causes financial difficulty for the claimant at any time, it is open to them to contact the Debt Management Unit, Department of Social Protection, College Road, Sligo and request a review of the rate of recovery.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (363)

Danny Healy-Rae

Question:

363. Deputy Danny Healy-Rae asked the Minister for Social Protection for a clarification on a pension matter (details supplied); and if she will make a statement on the matter. [44940/23]

View answer

Written answers

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €412 million in 2023. The purpose of this payment is to assist these households with their energy costs.

Fuel Allowance operates as part of an overall system of social protection supports which provides assistance payments based on a system of means testing. The means test ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

By its nature, the means test takes account of the income a person or couple has in terms of cash, property - other than the family home - and capital. It does not take account of a person’s expenditure commitments or income tax circumstances.

In the case where one person (who is part of a married/cohabiting couple, or in a civil partnership) goes into a nursing home for longer than 13 weeks the means of the couple are divided by two and the single disregard is applied to the calculation.

Any decision to full disregard Nursing Home fees under the fair deal scheme would have budgetary implications and would have to be considered from an overall policy and budgetary context.

Finally, my Department provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

School Meals Programme

Questions (364)

Jackie Cahill

Question:

364. Deputy Jackie Cahill asked the Minister for Social Protection if the hot school meals programme can be extended to a school in Tipperary town (details supplied), considering the recent announcement as part of budget 2024, and the fact that this is the only school in the town at either primary or secondary level that currently does not have access to the programme; and if she will make a statement on the matter. [44956/23]

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Written answers

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations benefitting 300,000 children. The objective of the programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.

Budget 2023 provided €94.4 million for the programme. In February, the Government approved an additional €14.5m to allow access to the Hot School Meals scheme for all remaining DEIS schools from September 2023. Budget 2024 has increased the funding by an extra €42.5m.

Entry to the School Meals Scheme has been confined to DEIS schools in addition to schools identified by the Department of Education as having levels of concentrated disadvantage meaning that their students would benefit from access to the School Meals Programme. The school in question is a non DEIS school with no access to school meals programme funding.

Funding under the school meals programme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided. The Hot School Meals was introduced in 2019 and has been concentrated on primary schools.

Since my appointment as Minister for Social Protection, I have increased the number of schools with access to the Hot School Meal option from 37 to 1,100. I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years. In this regard, the roll out of the Hot School Meals to all remaining DEIS primary and Special schools began in September 2023, benefiting more than 60,000 children.

As part of significant plans to extend the Hot School Meals programme, all remaining primary schools were contacted and requested to submit an expression of interest form if their school is interested in commencing the provision of hot school meals. Expressions of interest forms were received from over 900 non-DEIS schools in respect of 150,000 children.

Budget 2024 provides for the extension of the Hot School Meals Programme to these 900 schools in 2024.

I trust this clarifies the matter.

Social Welfare Benefits

Questions (365)

Éamon Ó Cuív

Question:

365. Deputy Éamon Ó Cuív asked the Minister for Social Protection if a person (details supplied) has an entitlement to dental benefit based on his or her PRSI contributions; and if she will make a statement on the matter. [45004/23]

View answer

Written answers

The Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependant spouse/partner who have the required number of social insurance (PRSI) contributions.

The person concerned is entitled to treatment benefit based on his PRSI contributions.

A claim was received for the person concerned on 5 October 2023. The Department has made contact with the panelist that submitted the claim.

The submitted claim has been withdrawn. On receipt of a claim submitted correctly, the application will be reviewed again.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (366)

Alan Dillon

Question:

366. Deputy Alan Dillon asked the Minister for Social Protection if a child who has turned 18-years-old since May of this year, but will be in full-time education in 2024, will be entitled to the extension to the child benefit payment; and if she will make a statement on the matter. [45088/23]

View answer

Written answers

Child Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17 if they are in full-time education, full-time training or have a disability and cannot support themselves.

The extension of Child Benefit to 18-year-olds in full-time education is a significant change to the Child Benefit payment which will require significant technical and operational changes before implementation. For this reason, the change will take effect from September 2024. Where a child in full-time education turns 18 in the meantime, they will be covered by the extension from September 2024 until they turn 19.

I trust this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (367)

Kathleen Funchion

Question:

367. Deputy Kathleen Funchion asked the Minister for Social Protection the rationale that disallows those who qualified for State pension through the invalidity pension, to be entitled to a bonus for people on the invalidity pension; and if she will make a statement on the matter. [45110/23]

View answer

Written answers

As part of Budget 2024, the Social Protection budget, which is the largest in the history of the State, will assist families and vulnerable citizens through a mix of lump sum supports and increases to weekly payments.

The measures introduced include the provision of a one-off €400 Cost-of-Living lump sum, which will be paid in November 2023 to recipients of the Disability Allowance, Blind Pension, Invalidity Pension and the Carer's Support Grant. Recipients who are in receipt of one (or more) of these payments will qualify for the €400 payment.

Invalidity Pension is a weekly payment to people who cannot work because of a long-term illness or disability and who are covered by PRSI contributions. Currently, the maximum personal rate of Invalidity Pension is €225.50. It is a working aged payment paid to people between the ages of 18 and up to 66 years.

By contrast, the State Pension, whether Contributory or Non-Contributory, is not a working age payment. It is paid to those who have reached pensionable age 66. Currently, the maximum weekly personal rate of State Pension (Contributory) is €265.30.

Persons in receipt of a State Pension are not eligible for the one-off €400 Cost-of-Living lump sum announced in Budget 2024.

However, persons in receipt of the State Pension will receive the following:

• A €12 increase in the maximum weekly rate of all State pensions from January 2024. There will be proportionate increases for people getting a reduced rate;

• A €300 cost-of-living lump sum for those getting the Fuel Allowance, to be paid in November 2023;

• A €200 cost-of-living lump sum to people who are getting a Living Alone Increase, to be paid in November 2023;

• A Christmas Bonus to be paid in December 2023; and

• A January cost-of-living bonus for pensioners to be paid in 2024.

Any person experiencing financial hardship may seek financial assistance under the Supplementary Welfare Allowance Scheme, by way of an Exceptional Needs Payment or Urgent Needs Payment. This scheme does not have age criteria.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (368)

Bernard Durkan

Question:

368. Deputy Bernard J. Durkan asked the Minister for Social Protection when a payment will issue to a person (details supplied); and if she will make a statement on the matter. [45116/23]

View answer

Written answers

The Jobseeker's Benefit application for The Person Concerned has been processed and their claim for Jobseeker's Benefit has been awarded.

A decision letter has issued today, the 12th of October 2023, advising that their payment will be available to them on the 24th of October 2023 in their nominated bank account.

Social Welfare Payments

Questions (369)

Mary Lou McDonald

Question:

369. Deputy Mary Lou McDonald asked the Minister for Social Protection to confirm the current total number of recipients of fuel allowance payments living in the constituency of Dublin central. [45149/23]

View answer

Written answers

The Fuel Allowance scheme is a means tested payment to assist pensioners and other long-term social welfare dependent householders with their winter heating costs. The payment is a contribution towards heating costs. The payment is made over the winter season at the weekly rate of €33.00 or, if preferred, by way of two instalments. Only one Fuel Allowance is payable per household. Those who qualify for the payment do not need to reapply annually.

The Department is not in a position to report on specific constituencies. Records indicate that the number of Fuel Allowance recipients per Dublin City area are as outlined in the following table:

Dublin City Area

Number of Fuel Recipients*

Dublin 1

2,459

Dublin 2

1,095

Dublin 3

1,903

Dublin 4

1,242

Dublin 5

3,763

Dublin 6/6W

2,074

Dublin 7

4,111

Dublin 8

4,648

Dublin 9

3,171

Dublin 10

2,721

Dublin 11

6,473

Dublin 12

5,359

Dublin 13

2,770

Dublin 14

1,428

Dublin 15

5,014

Dublin 16

1,928

Dublin 17

1,946

Dublin 18

1,367

Dublin 20

714

Dublin 22

3,955

Dublin 24

7,988

* Fuel Allowance recipients on Community Employment Schemes, Rural Social Schemes and TÚS are not included.

It should be noted that the number of Fuel Allowance recipients fluctuates as people join and exit the scheme, as their circumstances change.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (370)

Willie O'Dea

Question:

370. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made in respect of a carer's allowance application for a person (details supplied); and if she will make a statement on the matter. [45192/23]

View answer

Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that, as a result, they require that level of care.

An application for CA was received from the person concerned on 6 July 2023.

It is a condition for receipt of CA that the person being cared for must have such disability that they require full-time care and attention. This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

The evidence submitted in support of the application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 1 August 2023 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested a review of this decision and submitted additional evidence in support of their application.

Following this review, the decision remained unchanged.

The person concerned was notified on 1 September 2023 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested a further review of this decision and submitted additional evidence in support of their application.

Additional information in relation to the person’s review was requested by a deciding officer on 12 October 2023.

Once the information is received, the review will be processed without delay and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (371)

Michael Healy-Rae

Question:

371. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [45238/23]

View answer

Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability requiring continual or continuous care and attention in the home, substantially in excess of the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 consecutive months. This level of care and attention must be required to allow the child deal with the activities of daily living.

Eligibility for DCA is not based entirely on the disability or diagnosis, but rather on the impact of the disability in terms of the level of care and attention required by the child. To qualify for DCA, it must be established that the level of care and attention required by the relevant child is substantially in excess of that normally required by children of a similar age and likely to be required for at least 12 months, as provided for in the governing legislation.

An application for DCA in respect of their child was received from the person concerned on 20 December 2021.

A deciding officer disallowed their claim, as per decision dated 25 March 2022. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination also considered the supporting medical evidence that was provided by the person concerned.

The applicant requested a review of the above decision. Following a review of their application, including the further medical evidence that was provided in support of the review, a deciding officer decided that a revision of the original decision was not warranted as per review decision dated 31 May 2022.

A new application was received from this person in respect of the child concerned on 4 October 2022.

This application was disallowed by a deciding officer as per decision dated 7 December 2022, as it was considered that the child did not satisfy the conditions for DCA at that time, based on the information provided in their application, including the supporting medical evidence that was provided.

The person concerned subsequently provided further additional information for consideration.

Following a review of their application, including all evidence available at the time of the above decision dated 7 December 2022, including the above further additional information that was subsequently provided by the applicant, a deciding officer decided not to revise the above decision, as per review decision dated 4 January 2023.

A further new application was received from the applicant in respect of the child concerned, on 26 July 2023, including supporting documentary evidence.

This further application was disallowed as per decision dated 12 September 2023 as the information, including the supporting documentary evidence provided, did not indicate that the level of care and attention required by the child concerned is substantially in excess of that required by a child of the same age without their disability and likely to be required for at least 12 consecutive months, as provided for in the qualifying conditions for the scheme.

It should be noted that the deciding officer(s) also had regard to the professional opinion of a Departmental Medical Assessor in the decision(s) process, a copy of which was issued to the person concerned for information, along with the decision notification dated 12 September 2023.

As advised in the decision notification dated 12 September 2023, it is open to the person concerned to request a review of this decision by a deciding officer and/or appeal the decision directly to the independent Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (372)

Róisín Shortall

Question:

372. Deputy Róisín Shortall asked the Minister for Social Protection if her attention has been drawn to a disability allowance appeal (details supplied); the reason for the delay in an appeal decision being made; and if she will make a statement on the matter. [45255/23]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 15th June 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.

These papers were received on 17th July 2023 and the case was assigned to an Appeals Officer on 26th July 2023, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Data Protection

Questions (373)

Peadar Tóibín

Question:

373. Deputy Peadar Tóibín asked the Minister for Social Protection , further to Parliamentary Question No. 415 of 3 October, if she will provide detail on the nature of the data breaches suffered by her Department; the severity of the breaches; if all individuals whose information was compromised were notified of the breach; if the Data Protection Commission was notified of all data breaches; and if she will make a statement on the matter. [45343/23]

View answer

Written answers

The vast majority of data breaches which arise in my Department occur for three reasons; because correspondence issues to the wrong address (because it has been either addressed incorrectly or delivered to the wrong address), or because an email is sent to the wrong recipient, or because personal data relating to a data subject is mistakenly included in correspondence sent to another person.

With the exception of one high risk data breach, they are either low risk, medium risk, or are unlikely to be a risk to the rights and freedoms of the affected data subject.

Data subjects are not notified in respect of every data breach. This is because the General Data Protection Regulation (GDPR) provides that data subjects need only be notified in cases where a breach has been assessed as representing a high risk to their rights and freedoms. My Department does notify data subjects in some cases where it deems it appropriate to do so, even if the breach is not considered a high risk.

Neither is the Data Protection Commission notified of all data breaches. The GDPR provides that the DPC does not need to be notified where a breach is unlikely to be a risk to the rights and freedoms of data subjects.

My Department takes its data protection obligations very seriously and has in place a set of data protection policies, standards, procedures and guidelines governing the use of its computer systems and customer data. These policies, procedures and guidelines are kept under constant review and are updated as appropriate.

Citizenship Applications

Questions (374)

Alan Kelly

Question:

374. Deputy Alan Kelly asked the Minister for Justice if the Government will consider giving a person (details supplied) honorary Irish citizenship in appreciation for his work on the Irish peace process. [44976/23]

View answer

Written answers

The Constitution does not permit titles of honour or nobility to be conferred on any person by the State.

The Irish Nationality and Citizenship Act 1956 provides that the President, on the advice of the Government, may grant Irish Citizenship as a token of honour to a person or to the child or grandchild of a person who has done honour or rendered distinguished service to the nation. It has, due to its exceptional nature, been bestowed on a very limited number of people.

A Government decision to advise the President to grant honorary citizenship would require a member of the Government to submit a memorandum setting out a case as to why the exceptional honour should be granted. Because of the exceptional nature of the award, proposals or applications other than on foot of such submissions are not accepted.

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