Kathleen Funchion
Question:306. Deputy Kathleen Funchion asked the Minister for Social Protection if she will provide an update on the appeal by a charity (details supplied); and if she will make a statement on the matter. [8770/24]
View answerEU Funding
Questions (306)
Written answers
The European Social Fund Plus Managing Authority is the Department of Further and Higher Education, Research, Innovation and Science, which has responsibility for the implementation of the Employment, Inclusion, Skills and Training Programme in Ireland.
The specific objective of addressing material deprivation through food and basic material assistance through the European Social Fund Plus funding is managed by my Department on behalf of Department of Further and Higher Education, Research, Innovation and Science. This is a continuation of the Fund for European Aid to the Most Deprived Programme. The total value of European Social Fund plus funding allocated to support the most deprived until 2027 is €34 million. Currently, my Department is working with 151 charities nationwide in distributing the food element of the Programme.
Kilkenny Helping the Homeless applied to join the Programme on 19th September 2023. Following a review of the application, my Department advised that it was not possible to admit the organisation to the programme as there are seven other charities availing of European Social Fund plus Food product in the Kilkenny area and the department is therefore satisfied that there is sufficient support available in this area.
I would recommend that Kilkenny Helping the Homeless engages with these other charities in the Programme in order to ensure that any families who may require assistance and support may benefit from it.
I trust this clarifies the position.
Social Welfare Benefits
Questions (307)
Imelda Munster
Question:307. Deputy Imelda Munster asked the Minister for Social Protection the current position regarding the Irish sign language voucher scheme; and if she will make a statement on the matter. [8799/24]
View answerWritten answers
Section 9 of the Irish Sign Language (ISL) Act, 2017 assigns responsibility to the Minister for Social Protection to provide funds to facilitate users of ISL to access social, educational and cultural events and services (including medical) and other activities.
I assigned the implementation of this responsibility to the Citizens Information Board (CIB), the statutory body under the aegis of my Department, which in turn assigned delivery to its Service Delivery Company, the Sign Language Interpreting Service (SLIS).
Following a four-month pilot of a Voucher Scheme in 2021 by SLIS, supported by my Department and CIB, I was delighted to see the commencement of the Scheme on a permanent basis from 2nd October 2023. A funding allocation has been secured by my Department for the Scheme for 2024.
On 9th February last, my Department became aware that the Voucher Scheme was due to cease temporarily with effect from 20th February.
Following an urgent meeting requested and chaired by my Department on 13th February, with CIB and SLIS, all parties re-affirmed their respective commitments to the Voucher Scheme and recognised its vital role in supporting members of the Deaf community to fully participate in society. At that meeting, CIB and SLIS agreed a pathway forward to ensure the continued delivery of the Scheme past the 20th February.
A full joint statement from all three organisations issued on 15th February, accompanied by an ISL video version.
As previously stated, I am fully committed to the ISL Voucher Scheme now and into the future and I am happy that a pathway forward has been agreed.
Social Welfare Payments
Questions (308)
Joan Collins
Question:308. Deputy Joan Collins asked the Minister for Social Protection if she has investigated a scenario (details supplied) and how this can be resolved so that anyone in a similar situation can be automatically paid. [8899/24]
View answerWritten answers
My Department is committed to providing a quality service to all its customers. This includes ensuring that accurate decisions on entitlement are made as quickly as possible.
The January 2024 bonus was paid to over 1.2 million recipients of long-term social welfare, and the majority of these payments were automatically attached to recipients’ regular weekly payments.
The Department endeavours to pay the vast majority of bonus payments automatically, however a small number of complex cases require manual intervention by an officer to determine eligibility on a case-by-case basis. This most often occurs where a customer has moved between different types of social welfare payment. Any long-term Jobseeker’s Allowance recipient who believes they did not receive a bonus payment should contact their local Intreo Centre or Branch Office.
I hope this clarifies the position for the deputy.
Social Welfare Appeals
Questions (309)
John McGuinness
Question:309. Deputy John McGuinness asked the Minister for Social Protection if an application for a carer’s allowance (details supplied) will be considered in far greater detail on appeal, and if an oral hearing will be considered. [8909/24]
View answerWritten 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.
I understand that the Social Welfare Appeals Office have contacted the Deputy in this matter and it has been explained that it is open to the person concerned to request a further review from the Department. If this review is again unsuccessful, the person concerned may request an appeal within 21 days from the date of the notification of the decision.
Social Welfare Eligibility
Questions (310)
Colm Burke
Question:310. Deputy Colm Burke asked the Minister for Social Protection if she will give due consideration to adding long Covid to the list of diseases for which workers who have the required number of PRSI contributions can claim occupational injuries benefit; and if she will make a statement on the matter. [8921/24]
View answerWritten answers
I recently published and laid a report before the Oireachtas entitled ‘Report on measures to include long COVID in the Occupational Injuries Benefit Regulations’. This report concluded that COVID-19 does not satisfy the criteria for recognition as an occupational illness under the Social Welfare Consolidation Act 2005. A copy of the report can be found at: www.gov.ie/en/publication/a4fbe-report-on-the-measures-to-include-long-covid-in-the-occupational-injuries-benefit-regulations-november-2023/
Specifically, presumptions about workplace transmission would not be sustainable on a general basis in the current environment where infection rates are low. The statutory criteria for occupational injuries benefit specify that the disease or injury was caused as a risk of the person’s occupation and is not a risk outside of that profession. Community transmission became dominant by the summer of 2020. Therefore, it has not been possible since then to establish with confidence a general assumption that the disease has been contracted through a person’s occupation and not through community transmission.
It is important to note that even if Ireland did recognise COVID-19 as an occupational disease, this would not encompass long COVID and would only apply to new claims for new cases of COVID-19. Thus, it would not benefit those who contracted COVID-19 during the pandemic.
In relation to employees in the health services who have not recovered from a COVID-19 infection, the report found that the Temporary Scheme of Paid Leave for Public Health Service Employees is the appropriate channel through which a targeted sectoral support should be considered.
My Department continues to provide a suite of income supports to those who cannot work due to illness and disability, including those who have not recovered following a COVID-19 related illness.
I trust this clarifies the position for the Deputy.
Social Welfare Benefits
Questions (311)
Aindrias Moynihan
Question:311. Deputy Aindrias Moynihan asked the Minister for Social Protection her plans to review the back to education allowance; and if she will make a statement on the matter. [9026/24]
View answerWritten answers
The Back to Education Allowance provides income support for jobseekers and others in receipt of certain social welfare payments who pursue courses of education at further and higher level. The focus of the scheme is to assist people to improve their qualifications and as a result improve their access to sustainable employment. There are currently some 3,500 people claiming the Back to Education Allowance and the Government has provided €35.73 million for the scheme in 2024.
Pathways to Work (2021-2025) is the overarching government's employment services and activation framework. To ensure that Government policy objectives remain relevant in the current labour market context, my Department expects to publish the mid-term review of the Pathways to Work Strategy later this quarter. This review has been informed by the Labour Markey Advisory Council, a public consultation process and engagement with key stakeholders.
As Back to Education Allowance will be considered within the wider context of the above review, there are no plans to review the scheme separately in its own right at this time.
I trust this clarifies the matter.
Social Welfare Appeals
Questions (312)
Pa Daly
Question:312. Deputy Pa Daly asked the Minister for Social Protection when a person (details supplied) can expect to receive a decision in regard to a carer’s allowance appeal in respect of their spouse; and if she will make a statement on the matter. [9065/24]
View answerWritten 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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 19th May 2023.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act, 2005 by an Appeals Officer in the light of new evidence or new facts.
The case in question is assigned to an Appeals Officer for a Section 317 review and is under consideration.
Social Welfare Payments
Questions (313)
James Lawless
Question:313. Deputy James Lawless asked the Minister for Social Protection to examine and comment on an issue regarding the household benefits package (details supplied); and if she will make a statement on the matter. [9136/24]
View answerWritten answers
The Household Benefits Package (HBP) comprises of the electricity or gas allowance, and the free television licence. Only one Household Benefits Package is payable per household.
- For those aged 70 or over, the HBP is not means tested and there is no requirement to be getting a qualifying payment.
- For those aged 66 years or over, the HBP may be payable to those who are getting a social welfare payment, or who satisfy a means test.
- The HBP is also available to some people under the age of 66, who are getting certain qualifying social welfare payments.
The majority of those who qualify for the HBP do so as a result of being awarded a primary qualifying payment. When a primary qualifying payment is awarded to a customer, the award letter informs them of their possible entitlement to the HBP. For those who may qualify for the HBP without being in receipt of a qualifying payment, information is widely available; for example, online through the Government and Citizens Information websites and through the network of my Department's offices, and the Citizens Information Centres.
In relation to backdating of HBP applications, payments may be backdated for up to 6 months where an entitlement existed, and further where there are extenuating circumstances. It is open to customers to make an application for backdating of their entitlement. Each case will be considered individually. However, lack of knowledge in and of itself is not a circumstance where backdating beyond 6 months can be considered.
In the case of the person concerned and her spouse, both were written to by my Department in advance of their 66th birthdays, to advise them to apply for State Pension Contributory (SPC). In each of these letters, they were also advised that they could also make an application for the HBP. In addition, when the person concerned and her spouse were awarded their SPC payments in 2020 and 2019 respectively, the SPC award letters also included information on the availability of the HBP and where to get further information.
The Department has no record of an application form for HBP being received from the person concerned. An application form for HBP was received from their spouse on 27th March 2023. The spouse concerned was awarded HBP with effect from 27/9/2022, which included a 6 month backdate. In June 2023, it is also recorded that an officer of my Department spoke with this customer to advise him that he would not have had an entitlement to the HBP when he was 66 in 2019, as his spouse was still in employment.
I hope this clarifies the position for the Deputy.
Social Welfare Eligibility
Questions (314)
Bernard Durkan
Question:314. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [9142/24]
View answerWritten answers
Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.
An application for DCA in respect of their child was received by my Department from the person concerned on 25 January 2024.
As part of the decision process, their application was referred for the professional opinion of a departmental Medical Assessor (MA).
Following receipt of the departmental MA opinion, a decision was made on their application.
The person concerned was notified of this decision in writing on 23 February 2024.
I hope this clarifies the position for the Deputy.
Departmental Staff
Questions (315)
Holly Cairns
Question:315. Deputy Holly Cairns asked the Minister for Social Protection if she will consider allocating each application for carer's allowance to a specific staff member in the relevant section of her Department in order to prevent time-consuming repetition of providing information during the application process. [9170/24]
View answerWritten answers
Carer's Allowance 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.
The Department is committed to providing a quality service to all its customers, ensuring that applications are processed and decisions on entitlement are made as quickly as possible.
Operational processes, procedures, and the organisation of work are continually reviewed to ensure that processing capability is maximised, and repeated requests for information are minimised.
The information and evidence provided by the applicant is processed through the Department’s computer system. The system enables officers with an appropriate business need to work on all aspects of a Carer’s Allowance application and process it to decision as quickly as possible. Appropriate accessibility in this regard helps to reduce instances of information repetition. The Department’s primary objective is to put the customer at the centre of service delivery.
The desire to process applications quickly must be balanced with the competing demand to ensure that decisions are consistent, of high quality, and made in accordance with the legislative provisions, and the general principles of fair procedures and natural justice.
The Department understands the many pressures faced by customers and always seeks to ensure that claims are processed quickly and efficiently.
If there is a specific case that the Deputy would like examined, the Department would be glad to assist.
I hope this clarifies the position for the Deputy.
Social Welfare Eligibility
Questions (316)
Bríd Smith
Question:316. Deputy Bríd Smith asked the Minister for Social Protection in cases in which a worker is not under the provisions of the new statutory sick scheme for workers because they are deemed to be in an employer scheme which is more beneficial, if such workers now effectively have six waiting days before they can access social protection payments; if employers that operate such sick schemes have any legal obligation to pay a worker for days four, five and six under current legislation; and if she will make a statement on the matter. [9180/24]
View answerWritten answers
The Sick Leave Act 2022 introduced the concept of statutory sick leave. The Department of Enterprise, Trade and Employment has policy responsibility for statutory sick leave. In 2023, workers had an entitlement to 3 days statutory sick leave in a calendar year which, since 1 January 2024, has now increased to 5 days. Under the scheme, sick pay may be paid by an employer at 70% of a person’s normal pay, up to a maximum of €110 a day for the first 5 days of an absence due to illness.
The Sick Leave Act 2022 also provides for employers to operate sick leave schemes which are, on the whole, more favourable to the employee than what would be provided in terms of statutory sick leave. The factors to be considered when deciding if an employer scheme is more favourable are set out in section 9(2) of the Act and include: the period of service required to access the employer scheme, any waiting days applied before sick leave is payable, the period for which sick leave is payable, the amount of sick leave that is payable and the reference period for the employer scheme. The Act provides that these schemes are in replacement of and not in addition to statutory sick leave.
In dealing with claims for illness benefit and injury benefit my Department treats statutory sick leave employees and employees covered by the more favourable arrangements (who are not on statutory sick leave) the same in terms of the effect on their illness benefit and injury benefit entitlements (the number of payable days on their claim). Illness benefit and injury benefit are not payable where the person is on either statutory sick leave or their employer’s scheme which is exempt from statutory sick leave because it offers better terms.
In 2024, illness benefit and injury benefit are generally paid from day 6 of the claim. Days 1-3 are covered by both illness benefit/injury benefit ‘waiting days’ and the first 3 statutory sick leave days (or equivalent recognition of the more favourable employer scheme). Days 4 and 5 are covered by the remainder of the 5 days statutory sick leave (or equivalent recognition of the more favourable employer scheme). However, should a person exhaust their allocation of 5 days in a calendar year and apply again for illness benefit or injury benefit within the same year they will be paid illness benefit or injury benefit from day 4 (having served the 3 waiting days).
These arrangements are provided for by amendments to the illness benefit and injury benefit provisions in the Social Welfare Consolidation Act 2005 that came into effect on 1 January 2024.
The question of legal obligations on employers in relation to sick pay schemes is a matter for the Minister for Enterprise, Trade and Employment.
I trust this clarifies the matter for the Deputy.
Social Welfare Appeals
Questions (317)
Robert Troy
Question:317. Deputy Robert Troy asked the Minister for Social Protection if she will ensure that an invalidity pension application for a person (details supplied) is approved on appeal. [9204/24]
View answerWritten 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 22nd February 2024. 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.
When these papers have been received from the Department, the case in question will be referred to an Appeals Officer 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.
Social Welfare Eligibility
Questions (318)
Willie O'Dea
Question:318. Deputy Willie O'Dea asked the Minister for Social Protection if she is aware that the fuel allowance means assessment includes income from the sale of a person’s own home even if they have downsized in retirement; if the Minister will change this rule to bring it in line with other social protection payments; and if she will make a statement on the matter. [9207/24]
View answerWritten 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 €382 million in 2024. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.
The criteria for Fuel Allowance are framed in order to direct the limited resources available to the Department in as targeted a manner as possible and ensures that the Fuel Allowance payment goes to 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.
The assessment of capital reflects an expectation that people with reasonable amounts of capital and property are in a position to use that capital, or to realise the value of the property, to support themselves without having to rely solely on a means-tested welfare payment. While savings are assessed in the means test, most social protection schemes have a general capital disregard meaning the full amount of the capital is not assessed. The amount of capital disregarded can also vary depending on the scheme.
The standard formula for assessing the value of capital for those aged over 70 for Fuel Allowance purposes is as follows: the first €50,000 is fully disregarded; the next €10,000 is assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.
A change in how means are assessed for Fuel Allowance purposes such as that proposed by the Deputy, would have to be considered in the context of budgetary negotiations, as well as having regard for the targeted nature of the scheme.
I hope this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (319)
John McGuinness
Question:319. Deputy John McGuinness asked the Minister for Social Protection if the further review agreed to by her Department has been completed in relation to a domiciliary care allowance application in the name of a person (details supplied), and if so, if the application was approved. [9210/24]
View answerWritten answers
Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16, who has a severe disability requiring continual or continuous care and attention substantially over and above the care and attention normally required by a child of the same age and the level of that disability is such that the child is likely to require this level of care and attention for at least 12 months.
This level of additional care and attention must be required to allow the child deal with the activities of daily living, in areas such as mobility, personal care, feeding / diet, communication, speech / language, sleeping, behavior, safety, sensory issues including any other additional needs. Eligibility for DCA is not based entirely on the child's disability / diagnosis but primarily on the impact of the disability, in terms of the associated level of care and attention required by the relevant child compared to a child of the same age without their disability / diagnosis.
For the purpose of DCA, it must be established in the decision and assessment process, or appeal process where applicable, that the level of additional care and attention required by the child meets the threshold outlined in legislation for eligibility for DCA, that is: continual or continuous care and attention substantially in excess of that normally required by a child of the same age, without their disability and likely to be required for at least 12 consecutive months.
An application for DCA in respect of their child was received by my Department, from the person concerned, on 23 March 2022. A Deciding Officer disallowed their claim as per decision dated 1 June 2022. Based on the information provided, including the supporting (medical) evidence that was provided by the person, the child was not considered to satisfy the conditions for DCA. The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in the decision process.
The applicant requested a review of the Deciding Officer's decision and also appealed the decision to the Social Welfare Appeals Office (SWAO). The SWAO operates independently of my Department and Appeals Officers are independent in their decision-making functions.
Following a review of their application in respect of the child concerned and all information and evidence available, including the further additional information and documentary evidence provided in support of their review request and appeal, a Deciding Officer decided not to revise the original decision, as per review decision dated 19 August 2022.
Further to the applicant's appeal to the independent SWAO, an Appeals Officer decided to disallow their appeal as per appeal decision dated 10 October 2022.
An Appeals Officer's decision is normally final and conclusive. However, an Appeals Officer's decision may be subject to review by an Appeals Officer, under Section 317 of the Social Welfare Consolidation Act 2005, where new facts, information or evidence is brought to notice since the appeal decision was made.
The person concerned requested a review of the Appeals Officer's decision under Section 317 of the Social Welfare Consolidation Act and provided further new additional information in their review request for re-consideration by the Appeals Officer.
Following a re-examination of their case under Section 317 of the Social Welfare Consolidation Act, including the further additional evidence provided by the person concerned in support of their review request, the Appeals Officer decided not to revise the appeal decision on the grounds that there was no additional information presented to render the original appeal decision erroneous, as per further appeal decision dated 12 September 2023.
Further to your request for the further review of eligibility for DCA in the applicant's case, by my Department, I confirm that the review was completed by a Deciding Officer.
Following a re-examination of their application, including all information and documentary evidence that was provided, in relation to their application of 23 March 2022, a Deciding Officer decided not to revise the original decision of 1 June 2022, as per further decision dated 21 December 2023.
The person concerned was notified of that further review decision in writing on 21 December 2023. The above decision notification also advised the applicant that new information must be submitted for consideration, should the applicant require their appeal case to be further reviewed by the SWAO.
I hope this clarifies the position for the Deputy.
Departmental Staff
Questions (320)
Alan Kelly
Question:320. Deputy Alan Kelly asked the Minister for Social Protection the number of WTE staff, by grade working in the special investigation unit of her Department as of 20 February 2024. [9259/24]
View answerWritten answers
The staffing numbers and grades in respect of the Special Investigations Unit (SIU) within the Department of Social Protection are outlined in the table below.
|
Grade |
No. of officers serving |
|
Principal |
1 |
|
Assistant Principal |
6 |
|
Higher Executive Officer |
53 |
|
Executive Officer |
33 |
|
Clerical Officer |
2 |
|
Total |
95 |
In addition to the above there are 25 members of An Garda Síochána seconded to the SIU.
Social Welfare Payments
Questions (321)
Brendan Griffin
Question:321. Deputy Brendan Griffin asked the Minister for Social Protection if a domiciliary care allowance award in respect of a person (details supplied) in County Kerry who was waiting for a HSE assessment will be backdated; and if she will make a statement on the matter. [9281/24]
View answerWritten answers
Where an application for Domiciliary Care Allowance (DCA) is successful, DCA is awarded with effect from the first of the month following receipt of the application. However, DCA applications may be backdated in cases where good cause for the delay in making the claim can be shown to the satisfaction of a Deciding Officer or Appeals Officer. This maximum permitted period is governed by legislation and cannot exceed 6 months.
The onus is on all applicants to apply for DCA when they consider that the relevant child may meet the qualifying conditions for the allowance. It is also open to an applicant to subsequently request a review(s) of any decision and this right is not time limited. If requesting a review(s) of a Deciding Officer's decision, an applicant may forward any further new or additional information or documentary evidence, such as a diagnostic assessment report(s), that was not previously available with the initial application, for further consideration in the decision and assessment process.
An application for DCA in respect of a child of the person concerned was received by my Department in November 2023. Following a successful application, DCA was awarded and backdated 1 month, effective from 1 November 2023, as per decision dated 4 January 2024.
Backdating of payment (1 month) was allowed, as provided for under social welfare legislation, following consideration of the information provided by the person concerned relating to the good cause for not making an earlier claim. The relevant diagnostic assessment report in respect of the child concerned was completed/dated in October 2023.
The person concerned requested a review in relation to backdating on their application.
Following a review of all information provided in their application, including the additional information provided in support of their request for further backdating, a Deciding Officer decided not to revise the effective award date of 1 November 2023, as per review decision dated 8 February 2024.
On foot of your request relating to backdating of the DCA award, a review in relation to further backdating will now be undertaken by a Deciding Officer in this case, based on all available information and documentary evidence, including the additional information that has been provided for consideration.
Once a further review in relation to backdating is completed, the person concerned will be notified of the decision in writing.
I hope this clarifies the position for the Deputy.
Energy Prices
Questions (322)
Michael Healy-Rae
Question:322. Deputy Michael Healy-Rae asked the Minister for Social Protection her views on a matter (details supplied) relating to cancer patients; and if she will make a statement on the matter. [9344/24]
View answerWritten answers
The Household Benefits Package comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €294 million this year on the Household Benefits Package for over 521,000 customers.
People over the age of 70 receive the Household Benefits Package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. Likewise, the package is available to some people under the age of 66 who are in receipt of certain welfare type payments.
It is important to note that, in general, access to the Household Benefits Package for those aged under 66 is a secondary benefit linked to a person being in receipt of certain primary social protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit. As many illnesses or physical conditions have an impact ranging from mild to severe, entitlement to these social welfare schemes is not provided on the basis of a diagnosis but on the basis of the impact of that diagnosis on the individual concerned and in the case of Disability and Carer's allowance to an assessment of their means. In this way, resources can be targeted to people in most need.
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 €382 million in 2024. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.
The criteria for Fuel Allowance are framed in order to direct limited resources in as targeted a manner as possible. This ensures that the Fuel Allowance payment goes to 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.
Extending the eligibility of the Household Benefits Package and the Fuel Allowance to the cohort of people suggested would change the nature of the schemes, would require additional funding and would have to be considered in the context of overall budgetary negotiations.
My Department also provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have essential expenses, which they cannot meet from their own resources. This payment is available to people who face difficulties in paying fuel bills. To ensure that this payment is available to those that need it most, there is no provision to ensure automatic entitlement to an Additional Needs Payment for a person with any specific medical condition.
However, under the scheme, a Heating Supplement may be paid to assist people in certain circumstances that have exceptional heating costs due to ill health, infirmity or a medical condition and are unable to meet those costs out of household income. Heating supplement is not restricted to the fuel season and can be paid throughout the year.
Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.
I trust that this clarifies these issues for the Deputy.
Departmental Data
Questions (323)
Mairéad Farrell
Question:323. Deputy Mairéad Farrell asked the Minister for Social Protection the reason that persons in receipt of disability allowance must share their boarding pass with her Department in order to avail of their 14 day holiday entitlement; the length of time this information is held by her Department; what the information included in these travel documents is used for by her Department; and the legislative basis for requesting this information. [9372/24]
View answerWritten 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.
Disability Allowance is not payable for any period outside the State, under Section 249 of the Social Welfare Consolidation Act 2005. An exception is allowed for the first two weeks absent from state in any 12 month period.
Proof of travel arrangements is sought to establish the dates on which the person was out of the country. This ensures customers receive their full entitlement to DA. While a boarding pass for their trip would suffice as evidence, a copy of the travel Itinerary as proof of travel would also be accepted to ensure continued DA payments are in order.
I can confirm that the information request is used solely to establish the customers eligibility for payment of DA during a 12 month period. Documents in respect of Disability Allowance applications and eligibility are retained for six years after termination of claim.
I trust this clarifies the matter for the Deputy.
Social Welfare Schemes
Questions (324)
Cathal Crowe
Question:324. Deputy Cathal Crowe asked the Minister for Social Protection if she will consider revising the long-term carers contribution scheme; and if she will make a statement on the matter. [9379/24]
View answerWritten answers
This Government acknowledges the important role that family carers play and is fully committed to supporting them in that role. Accordingly, The State Pension system currently gives significant recognition to those whose work history includes an extended period outside of paid employment, often to raise families or in a full-time caring role.
Despite these measures, some long-term carers of incapacitated dependants may still face barriers in accessing the State Pension (Contributory). This was recognised by the Pension Commission in its report which recommended that long-term carers should be given access to the State Pension (Contributory) and defined long-term caring as caring for more than 20 years. It was also recognised that long-term carers may for example have difficulty establishing the minimum number of 10 year’s paid contributions.
In September 2022, I announced a series of landmark reforms to the State Pension system in response to the recommendations from the Pensions Commission. This set of measures represents the biggest ever structural reform of the Irish State Pension system.
As the Deputy is aware, one of the key measures introduced from the 1st January 2024 is the introduction of long-term carer's contributions. Long-term carer's contributions can be awarded to a person who has cared for an incapacitated person for a period of 20 years or more. These contributions will be treated the same as paid contributions for State Pension (Contributory) entitlement only and can be used to satisfy the minimum 520 contributions condition.
My Department launched an online system for people to register for long term caring contributions. If a person has cared for less than 20 years (1040 weeks), the period will be registered and used for State Pension (Contributory) if/when they have additional periods which accumulate to 20 years or more. The care does not have to be provided for consecutive years. It can be a combination of any periods during the working life where a person was unable to be in paid employment for more than 18.5 hours per week due to caring responsibilities.
A person with less than 20 years caring may be entitled to avail of home caring periods or the homemakers scheme, subject to existing qualification conditions of having 520 paid contributions.
Also, under the new reform measures announced is the introduction of a flexible pension system in Ireland. Under this new system, from January 2024, people will still be able to retire at 66 and draw-down their pension in exactly the same way as they can today. In addition, there will be new flexibility for those reaching State Pension age, so that people may choose to defer their pension, work longer, and receive a higher pension payment, if they wish.
In the case of a person who reaches age 66 and does not have sufficient contributions to qualify for a full pension, they will now have the option to work for longer to build up additional entitlements.
If a person has less than 10 years PRSI reckonable paid contributions, they may be able to use this period of deferral to establish entitlement. A person will also have the option to continue working between age 66 and 70 and receive an actuarially based increase in their weekly payment rate, should they choose to defer their State Pension (Contributory).
Finally, the situation remains unchanged where a person reaches State Pension age and does not satisfy the conditions to qualify for State Pension (Contributory) or qualifies for less than the maximum rate, they may instead qualify for one of the following:
• The means-tested State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the State Pension (Contributory); or
• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate State Pension (Contributory) where their spouse has a contributory pension; or
• Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the SPC for the maximum personal rate for those aged 66 or over.
I hope this clarifies the matter for the Deputy.
Data Centres
Questions (325)
Cormac Devlin
Question:325. Deputy Cormac Devlin asked the Minister for Social Protection the location of the data centre or centres used by her Department; the reason it was chosen; the distance it is from her Department’s offices; if she will identify the centres used by each agency under her Department’s aegis; and the distance these data centres are to their offices; and if she will make a statement on the matter. [9393/24]
View answerWritten answers
Data stored by the department is stored electronically on our internal ICT (Information and Communications Technologies) systems located in secure, department owned and operated, data centres.
The Deputy will understand that it is not the practice, for sound operational and security reasons, to disclose the detail of these locations.
Drug and Alcohol Testing
Questions (326)
Catherine Murphy
Question:326. Deputy Catherine Murphy asked the Minister for Justice the number of learner drivers who were detected drink driving each year, from 2020 to date in 2024; the number convicted in court for this offence; the number who were issued with a fixed penalty notice for drink driving; the number who paid the FCPN within the time limit, by county, in tabular form; and if she will make a statement on the matter. [9367/24]
View answerWritten answers
Road traffic enforcement is an integral part of the day to day duties of all frontline Gardaí. On average 25% of roads policing enforcement and 75% of drug/drink driving checks are carried out by regular members.
The budgetary provision for the recruitment of 800 - 1000 new Gardaí this year will both increase the number of frontline Gardaí and allow for the expansion of specialist units, including Roads Policing, as deemed necessary by the Garda Commissioner.
I have been advised by the Garda authorities that the below table provides a yearly breakdown of the number of incidents of drink driving that were marked 'Detected' or 'Resulted in Proceedings' where the suspected offender was identified as a learner driver each year from 2020-2024*.
|
2020 |
2021 |
2022 |
2023 |
2024* |
|
148 |
171 |
216 |
196 |
19 |
Below is a yearly breakdown per Garda region of the number of incidents of drink driving that were marked 'Detected' or 'Resulted in Proceedings' where the suspected offender was identified as a learner driver each year from 2020-2023.
|
Regions |
2020 |
2021 |
2022 |
2023 |
|
Dublin Region |
39 |
39 |
45 |
47 |
|
Eastern Region (NEW) |
40 |
47 |
65 |
53 |
|
North Western Region |
30 |
35 |
47 |
37 |
|
Southern Region (NEW) |
39 |
50 |
59 |
59 |
|
Grand Total |
148 |
171 |
216 |
196 |
* 2024 figures are for the period 1 January 2024 to 25 February 2024 inclusive.
For data protection reasons, figures less than 10 cannot be reported on, and it is for this reason that figures have been given per Garda Region rather than per Garda Division. It is also for this reason that the 2024 figures have not been broken down further as each Region had a figure of less than 10.
Figures are based on incidents reported between 1 January 2020 to 25 February 2024, inclusive. All information contained in this report is based upon operational data from the PULSE system as was available on 26 February 2024 and is liable to change.
With relation to Fixed Charge Notices (FCNs), there are a number of drink-driving FCN offences that set a lower alcohol limit for “specified drivers”. “Specified drivers” refer to a number of categories of drivers, one of which are learner drivers.
However, I am advised that the Garda authorities are not in a position to extract out the specific FCNs that were issued to the learner driver subset of these “specified drivers”.
Additionally, as the Deputy will be aware, management of the courts, along with related operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and through the separation of powers in the Constitution.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
Legislative Measures
Questions (327, 328)
Aengus Ó Snodaigh
Question:327. Deputy Aengus Ó Snodaigh asked the Minister for Justice when the draft Bill to give effect to one of the central recommendations of the working group to examine the disregard of convictions related to consensual sexual activity between men (details supplied) will be published; and if she will make a statement on the matter. [8680/24]
View answerAengus Ó Snodaigh
Question:328. Deputy Aengus Ó Snodaigh asked the Minister for Justice the work that has been carried out by her departmental officials along with other Departments to deliver on promised Government legislation, namely, a central recommendation by the working group to examine the disregard of convictions related to consensual sexual activity between men (details supplied); and if she will make a statement on the matter. [8681/24]
View answerWritten answers
I propose to take Questions Nos. 327 and 328 together.
The Victorian-era laws that were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation. I am deeply conscious that people who were criminalised by these laws, and their families, are hopeful that a disregard scheme can be put in place in the near future and I want to reassure them that I am absolutely committed to doing so.
As the Deputy will be aware, in June 2023 I published the final report of the working group that I appointed to examine this issue. The report contains 95 recommendations on the operation of such a scheme, covering matters such as the offences that should be included, the eligibility standards for a disregard, the procedures for applications, decisions and appeals, and how to address cases where there may be insufficient records to determine whether an offence is eligible for a disregard.
My Department is carefully examining the report with a view to developing proposals for a statutory scheme which is legally and procedurally robust, fair and accessible. In recent months I advised the House that I aim to publish the relevant Heads of a Bill in 2024 and that fully remains my intention.