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JOINT COMMITTEE ON SOCIAL PROTECTION debate -
Wednesday, 13 Oct 2010

Farm Assist and Self-Employed Sectors: Discussion with the Department of Social Protection

Members will recall that I listed the self-employed and the farm assist sectors as being of high priority for this committee and agreed to examine them in time. I am delighted the Minister for Social Protection has agreed to meet us today to discuss his Department's approach to this. On members' behalf I welcome the Minister, Deputy Éamon Ó Cuív, and his officials. The format of our meeting will involve a brief presentation by him, followed by questions and answers.

Members are reminded of the long-standing parliamentary practice, or long-standing rule of the Chair, to the effect that members should not comment on, criticise or make charges against a person outside the Houses or an official, either by name or in such a way as to make him or her identifiable. I now ask the Minister to commence his presentation.

I thank the Chairman and committee members for the invitation to discuss issues concerning farm assist and self-employed customers of the Department of Social Protection. The first time I came across the issue of means testing in the area of social welfare was in the 1970s when I went to work in Corr na Móna. Having grown up in Dublin I did not have much contact with self-employed social welfare. At the time I was somewhat taken aback when I discovered for someone with a small farm who could not make ends meet there was a 100% penalty on all his or her means. At that time it was even worse because own produce consumed and turf cut in the bog was included. The farmer would spend the year working and the Department would then have assessed the means, counted the potatoes and so on and took 100% of that away. Things have improved since then. I welcome the opportunity to have a thorough discussion on this policy.

I recognise that economic conditions have had a detrimental impact on self-employed people and their families and that many of these people now rely on the Department of Social Protection to assist them through these difficulties. I look forward to a constructive discussion with the committee and to sharing ideas with members.

Self-employed people can become unemployed if their business has to close. It may also be the case that, although the person continues to be self-employed, the amount of work they are getting has reduced so much that it no longer provides them with sufficient income. In these circumstances, a self-employed person may be entitled to jobseeker's allowance. The manner in which means are to be assessed is set out in Schedule 3 to the Social Welfare Consolidation Act 2005. In most such cases, a social welfare inspector will interview the claimant to ascertain his or her means.

Legislation provides that a person's income in the coming 12 months is the basis of his or her means. While the income from the previous 12 months is used to estimate the person's likely future income, it is not simply assumed that the same level of income will be generated in the succeeding year. An individual's particular situation and the prevailing economic environment can change from one year to the next and account is taken of the potential for significant downward or upward variations in income. Inspectors have been advised that they should apply their knowledge of local conditions to arrive at a fair assessment of a person's income from self-employment in the coming 12 months. If a claimant for a means-tested scheme has been self-employed but has ceased this self-employment and has no reasonable prospect of deriving any income from this source in the coming 12 months, he or she is not assessed with means from self-employment.

Staff in the Department have also been made aware that a self-employed customer should never be advised to deregister as self-employed as this would negatively impact on his or her chances of getting future self-employment. Even as late as last night I heard of someone who was advised to deregister which is not what we are instructing in the Department. In addition, the Department has compiled a handbook of typical questions that inspectors might find useful during the interview stage of certain investigations. These are intended to help an inspector arrive at an informed opinion of the actual trading position and the level of income of the business or enterprise. Where a self-employed person's situation changes after he or she has made an initial claim for jobseeker's allowance, he or she can apply to have his or her means reviewed. In addition, it is open to the individual, if he or she is dissatisfied with the means assessed, to make an appeal to the social welfare appeals office.

Self-employed people pay class S PRSI which does not cover them for receipt of jobseeker's benefit. If the person worked as an employee in the last four years, however, he or she may have paid enough PRSI at class A, H or P and should apply to the local social welfare local office for jobseeker's benefit, which is not means tested. A self-employed person may be entitled to jobseeker's benefit in respect of days of unemployment provided he or she satisfies the scheme conditions. The customer's level of commitment to the business for the days he or she is not working is taken into consideration. For example, if the person had to spend a day doing accounts or buying materials, this would be considered a day of employment. It is also important to remember that people who have urgent income support needs can apply for the means-tested supplementary welfare allowance and more than 95% of basic supplementary welfare allowance applications are decided on, and paid, within the week. I appreciate the need to ensure claimants who have been self-employed and whose income is significantly affected by the economic downturn receive their full and fair entitlements in a timely manner and I assure the committee that we are doing our best to achieve this.

The Department provides support for farmers on low incomes through the farm assist scheme which is a means-tested payment broadly similar to the jobseeker's allowance scheme. It features a more generous means test which takes account of the specific nature of farming and, unlike jobseeker's allowance, farmers claiming this payment do not need to be available for work outside of the farm to qualify. In recent years, changes have been made to farm assist which mean it is now easier for low-income farmers to qualify for support under the scheme. In particular, improvements in the method of assessing earnings from insurable employment were introduced in 2007 which provide gains for families claiming farm assist where either spouse is also in insurable employment. I am satisfied the scheme is working well to help farm families through these difficult times. The rise in the numbers of recipients, most of whom are in the west, demonstrates that the scheme is providing much needed assistance to rural families and their communities.

The PRSI system draws together a relationship between the employment or self-employment status and the rate of contribution payable and benefits or pensions receivable as a result of these contributions. In common with many social insurance systems throughout the world, the system is not actuarially based, although an actuarial review is required under the Social Welfare Act 1998 every five years, but the scheme is funded as a pay-as-you-go scheme. Today's contributors support both past and current contributors while also ensuring their own future security by building up entitlement to later benefits and pensions and paying into a mechanism that redistributes income over one's lifetime.

The 2005 actuarial review of the social insurance fund demonstrated that paying social insurance represents very good value for money in almost all circumstances. In particular, the fund favours the self-employed over the employed when both employer and employee contributions are included in respect of the employed person. This analysis demonstrates that, despite being eligible for a narrower range of benefits, self-employed persons gain relatively more from the social insurance fund than employees do. Any proposal to extend cover for short-term benefits to self-employed workers would have significant financial implications and would need to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI class S contribution.

I thank the committee members for their attention. I have highlighted particular aspects of these topics and would be happy to respond to any other related matters. I wish to draw in one other thread. When we established the rural social scheme, the community and society got the benefit of the 19.5 hours' work and, from the farmers' point of view, once they passed the means test they got the standard payment. That is a very attractive pay-off both for society and the applicant. In developing future processes, the idea of the means test being a gateway and a scheme as an option merits debate. The connection between farm assist, the rural social scheme, the low-income farmer, etc., has a very important role to play in this debate.

I am glad the Minister and his officials have come here today to discuss these two important issues. We have a very serious problem with the self-employed. We now have unemployed people aged 30 to 35 who up to now worked all their lives. The Minister and his Department have to find a way of allowing people to get jobseeker's allowance in these difficult times. A number of self-employed people who were not paying the full PRSI stamp are finding themselves in difficulty now. They may have property with negative equity, for example. One of the Department's big problems is that when people look for assistance, such as jobseeker's allowance, it assesses them on the basis of properties that may be in negative equity. I was contacted earlier this week by a person who has a negative equity property in Spain that he or she intends to hand back. The Department will not give that person jobseeker's allowance because of the property he or she owns. I will forward details of the case to the Minister.

Many people in similar circumstances are looking for help. When they are refused, they need to have recourse to the appeals system. The Minister and I are aware that the appeals system is a disaster. Along with the officials in all sections of his Department, he needs to do something about the system. It is wrong and outrageous that so many people have to wait months to have their appeals dealt with. They are being deprived of their rights. Their appeals should be heard within two or three weeks, but they are having to wait for up to a year in some cases. It is not acceptable and it has to be dealt with.

Do the Minister and his Government colleagues have any proposals for rectifying the problems being encountered by self-employed people who did not pay full PRSI contributions? The time has come for the Department to find a way of ensuring that self-employed people pay the same PRSI as everybody else. There was a time when they made fewer payments, but they ended up with fewer entitlements. If such a situation ever arises again, we have to ensure these people are in the same boat as everybody else. I accept that self-employed people need the help they are seeking, but they have to remember that they were not paying the same class of stamp as everybody else. What are the Department's proposals for dealing with this issue? Can the Minister ensure these people pay the same PRSI as everybody else and therefore enjoy the same rights as everybody else? The situation they are in needs to be dealt with. I ask the Minister to deal with it.

Has the Minister met representatives of self-employed groups? If so, have such people made a case with regard to the difficulties in which they find themselves? I wish to ask the Minister and the Department about self-employed people who have no work. If they do not keep their pension rights alive, they will find themselves in difficulties. The scheme whereby people can make a voluntary contribution to the Department should be more widely advertised. I told a few people about it last week. Most people are not aware of it. Not only are such people unable to get jobseeker's allowance, but their pension rights are about to decrease in the years to come. That needs to be dealt with quickly.

I would like to speak about the farm assist scheme. The Minister was quite correct to say the rural social scheme has worked very well. People are happy to get 19 hours a week. There has been an increase in the number of people who are applying for farm assist payments. Perhaps the Minister can tell me how many people applied in 2010. How many of them were accepted and how many were refused? If the Minister cannot give me those figures today, he might send them on at a future stage. What is the average length of time it takes to deal with these applications?

I wish to highlight what has happened in the last two years to people involved in the milk sector. There was a time when we never thought those involved in the milk industry would be looking for farm assist. As a result of the decline in the price of their product in recent years, more and more people in the milk industry are having to apply for farm assist. The Minister might let me know how many of them have made applications and how many were refused. How long do they have to wait for decisions on their applications?

To be fair to the Department and the Minister, a generous discount is being provided in the case of farm assist, and rightly so. The nature of farming, as a business, means that people encounter difficulties. As the Minister said, there was a time when the rules were not very fair to farmers. We have got rid of that. The current system is not bad. It is working in so far as it supplements the income of farmers. To be fair to the Department, it allows for a generous discount when farmers make their applications. That is all I have to say for now.

I welcome the Minister and his officials. Since the start of the downturn, many of us have discovered that the social welfare system is not fit for purpose. That is underlined in the case of the self-employed. We have to consider that the nature of employment changed substantially during the boom years. Considerable numbers of people who had been employees were forced to become self-employed as a result of the unorthodox arrangements that were used by employers. I refer specifically to the many people working in the construction industry who had previously been employed by contractors but, during the boom years, were kept at arm's length by contractors who wished to avoid responsibility for welfare payments and pension entitlements. They were forced to deem themselves to be self-employed even though that was nonsense. We know they were not self-employed. That was the arrangement that was reached in many cases. The Government did not express any major concern about the matter at the time and it became a free-for-all.

I would like to mention some other cases that came to my attention. Truck drivers for various companies, who were employees by any standard, were forced during the boom years to become self-employed in order to facilitate employers who wanted to avoid their responsibilities. Again, it was nonsense. A huge cohort of people do not have a decent social welfare record even though they worked and paid tax over many years. The welfare system as it currently operates does not address that issue. It has not been modernised and reformed in a way that would make it as flexible as it needs to be. It could be argued that such flexibility would not be a good thing. The Minister needs to decide whether the Department will continue to tolerate the nonsense of forcing people to be self-employed.

I suggest that a decent society would ensure that everyone operates within the clean economy, pays his or her fair share of tax and makes a social insurance contribution. Regrettably, the Government has not taken such a position in recent years. As a result, our social welfare system is a mess that is costing many families dearly. In recent years, I have come across umpteen cases of people who were forced to deem themselves self-employed. They may have had a reasonable or good standard of income during the boom years, but now that the previous levels of work have dried up, they are being turned away when they look for assistance from the State. Having facilitated the casualisation of work, the Government has a responsibility to address this real problem.

Until quite recently, self-employed people whose partners are not working and have no incomes were encountering serious problems because social welfare officers were assessing them in the current year on the basis of the high incomes they may have had last year. I recognise that progress has been made in this regard since some of us brought it to the Minister's attention at this committee and in the Dáil. The Minister has mentioned that a new handbook, with guidelines for deciding officers, is being used. It would be helpful if we could get a copy of those guidelines. We would like to see them.

Self-employed people who have suffered drastic decreases in income, but whose spouses are working and getting some kind of income, are continuing to face problems because they are precluded from receiving any kind of assistance, by and large. It is a particular difficulty for people who have substantial financial commitments - they may be trying to pay off large mortgages, for example - and are caught in the trap that was created during the bubble. Not much help is available for such people, who find themselves in dire circumstances. That needs to be addressed.

The final point I would like to make about self-employed people is that it seems to be a case of all or nothing. One either gets a full week's work or one gets no work. There is no flexibility within the social welfare system to recognise that in many cases, a self-employed person can get a number of jobs. A self-employed person may get two or three days' work or three or four weeks' work at a time followed by a further period of unemployment. Why is family income supplement not available to self-employed persons who are able to secure a couple of days' work? People should be facilitated to take whatever work is available and supplement their income with family income supplement. Self-employed persons are not entitled to do so. Why is that the case? Given that family income supplement is an assistance payment, it should be made available to them.

In cases where a self-employed person's business is doing fine, why are so many restrictions imposed on his or her spouse? Why is the spouse, as well as the owner of the company, penalised in terms of social welfare entitlements?

What are the Minister's views on the reports yesterday concerning the introduction of a universal social charge of 7.5%? I have serious concerns about the use of the term "charge" rather than "contribution". In other words, the issue is no longer one of social welfare entitlement. A charge is different from a contribution. Concerns arise that the introduction of such a charge would ease the burden on the better-off. Such an approach would not be equitable. What is the Minister's view on the introduction of an across the board social charge? Does he intend to implement the ESRI proposals in this regard? I am aware that the ESRI was commissioned to examine this issue. Is such a charge being considered for the forthcoming budget? What is the justification for introducing a scheme which would shift the burden from the better-off to those on lower incomes? Is it proposed that a 7.5% charge would also apply to the self-employed? Is the Minister giving consideration to having a genuinely universal social welfare system which would provide universal entitlements to everyone who paid into a scheme? Given the topicality of the issue which is featuring prominently in the media, it is important that the Minister expresses his views on it.

I welcome the Minister. It is always good to have him and his officials before the joint committee. As he will be aware, members from all sides take the role of the committee seriously and are not afraid to speak out.

While I have an interest in the farm assist programme, unlike Deputy Ring and others, I cannot claim to have thousands of farmers in my constituency. There is, however, a small rural community in Tallaght which I look after to the best of my ability. I concur with the views expressed on the farm assist programme.

I wish to address a number of issues. Members have had a busy day so far. Representatives of the Carers Association of Ireland made a case for their members earlier and many of us will ramble across the street to meet the USI lobby in Buswells Hotel later. The next 55 days will be full of such events as we approach the budget. All Members, the Minister in particular, will be under pressure, but the Minister will secure the support of most members of the joint committee if he considers the issues we bring to his attention. He has many issues on his desk and today's lobby by the Carers Association of Ireland will give him one more to deal with.

The issue raised concerning the self-employed is very important. As Deputies Ring and Shortall noted, we are, to some extent, in uncharted waters, as far as the difficulties people are experiencing are concerned. The Minister has visited a number of constituencies in recent months, including Tallaght on two occasions. I suspect he will have heard throughout the country that a new group - the new poor - has emerged. Many self-employed persons suddenly find themselves particularly challenged. While everyone who loses a job faces challenges, the self-employed face particular problems when they lose their jobs. I hope the Department of Social Protection will embrace self-employed persons, although I accept that this is a big ask. Ministers are under severe pressure and the Minister for Social Protection is being told by all sides how he should spend his budget. It is fair, however, that members highlight the position of the self-employed, an increasing number of whom are attending my clinics. I am sure this increase is reflected at my colleagues' clinics also. While we want to support what the Minister is trying to achieve, self-employed persons have a strong case. I hope he will consider the issue in the caring manner in which he addresses many similar issues and produces a proposal to tackle the problem.

The local social welfare office must be somewhere where people who are in trouble will be welcomed and looked after. As members stated, the self-employed are encountering barriers not envisaged one or two years ago. We are in completely new territory. I am old enough to remember other recessions, but the current recession is completely different and requires an innovative approach by the Government and the Department. I hope the Minister will be facilitated in taking such an approach. If he wants members to kick down the door of the Minister for Finance, we will certainly do so.

Deputy O'Connor has made an interesting suggestion. However, the idea of breaking down a Minister's door on behalf of another is bizarre.

We would do so to support the Minister. When the Senator has an opportunity to be a humble backbench Government Deputy, she will find-----

The system should not work in that fashion. Self-employed persons and those who have paid class C PRSI contributions are the poor relations of the social welfare system. The Minister's view is bizarre. He argues that a person who has been in gainful employment for the past four years may be entitled to jobseeker's allowance. That is certainly not the case for the majority who have established their own businesses and always worked for themselves. The Minister's statement in that regard is daft because the majority of the self-employed, despite having worked hard, maintained their own businesses and employed others for years, are entitled to diddly-squat when they lose their job. In most cases the social welfare officer will trawl through their accounts which is demoralising and degrading. In addition, they are in negative equity on their properties and do not have money to put food on the table, light the fire or take care of their families. The bottom line is that were it not for the decency of some of the staff in social welfare offices, these individuals would not have anything. The Minister has stated individuals in this position are entitled to receive their full and fair entitlements in a timely manner and has assured the joint committee that he is doing what he can. Like Deputy Ring, I would like to know what he is doing to help them. As I stated, the self-employed have paid their taxes at the highest rate, made contributions for years and employed others in their companies. What is the Minister doing for them? The system must be changed to allow the self-employed to pay the PRSI at the same rate as everyone else in order that they can benefit in their hour of need. I commend the Minister on the farm assist initiative and ask him not to cut the half-rate carer's allowance. The carers are unsung heroes. They are saving the State so much money by keeping their relatives out of institutions. They are very good value for money.

Ba mhaith liom fáilte a chur roimh an Aire. The Minister is becoming known as the listening Minister. Apart from attending the committee to listen to our concerns, he is travelling around the country listening to the public. He attended a packed meeting in Kells in my constituency. It was one of the largest public meetings Kells has seen. The people felt after the meeting that they had been listened to and that their concerns were being heard. Some people were surprised that a Minister would listen in such a way. We are used to it here. It is great to see.

The issue of the formerly self-employed and now unemployed has been raised at this committee since the recession began, or since I was elected. The committee deserves some credit for pursuing the issue, particularly in respect of the calibration of the means test. What was happening was extremely unfair. Accounts from the preceding year were examined in respect of businesses that may well have completely collapsed. Although we have seen a few examples of this relatively recently, as mentioned by Deputy Shortall, and although the practice is probably continuing in a small number of cases, there has been a sea change. I am glad the Minister has produced the booklet for his inspectors who are interviewing and means testing formerly self-employed people.

I am worried, however, that the booklet has many questions in it. If inspectors were to look at every single question, they could take a very long time to deal with the issues. I am also concerned that the inspectors are being asked in some cases to question certified accounts. That is a job for the Revenue Commissioners in some cases. Are we placing too much responsibility on inspectors to carry out a task that may not be their job? It is a function of Revenue and the businesses' accountants. Is there potential for serious delay in that regard?

Deputy Shortall mentioned the topic referred to by the Minister in Kells, that is, the circumstances of an unemployed husband or wife whose spouse is still working and who has experienced a massive drop in income but usually qualifies for no support whatsoever. The Minister said in Kells he was considering this issue and that there were considerable financial constraints. It is all very well for us to request more help - we all want more help - but I understand the balancing act the Minister must do. This State is taking in €30 billion in taxes, spending €50 billion and borrowing the balance. Departments have a delicate balancing act to ensure that, as the Minister stated in Kells, the targets of support are the vulnerable, poor and weak. The Minister's commitment to the vulnerable, poor and weak was honest. I appreciated this at the meeting in Kells.

If, in carrying out the jobseeker's allowance means test, one were allowed to take into account mortgage payments on the family home, it would have a significant impact on a small number of people who have been extremely hard done by. I often wonder how the system works because I do not see it working consistently. Officers take into account the question of whether one has an investment property. If mortgage payments on the family home were taken into account, it would definitely take a lot of people out of hardship and reduce some of the pressure caused by the banks. I ask the Minister to consider that. I thank him for attending today.

I agree with the other speakers in that we are now facing the most difficult circumstances in living memory in this country. People are becoming unemployed who previously never thought of the prospect of being unemployed. They face two problems. First, their dignity and pride are taken from them and, second, they seem to be subjected to many tests that would not ordinarily be expected in their circumstances. Self-employed people, subcontractors, those operating on subcontractors' certificates or PAYE workers who have worked all their lives may find themselves not only out of work but also, at the age of 54, 55 or 56, begging for an entitlement. That should not be the case.

The appeals system riles me. Deputy Michael Ring was correct that cases seem to stay in the appeals process for six or seven months, and up to a year in some instances. Every possible clause is used to ensure one does not qualify for anything. This is happening on instruction from the Minister's office. I do not believe officials are doing it of their own accord. It is done on the basis of there being insufficient funds within the system to meet the payments. If there are insufficient funds in the social welfare budget, it is not the fault of potential recipients but of those who provided the budget in the first instance. I do not want to make a political point about this but there is a serious issue emerging.

The Minister stated:

Self-employed people can become unemployed if their business has to close down. It may also be the case that, although the person continues to be self-employed, the amount of work that they are getting has reduced so much that it no longer provides them with sufficient income.

I do not believe there is any great problem operating a scheme that way. It is simple. It is not complicated at all but sounds complicated if one reads that statement.

Some 15 or 20 years ago, the then Department of Social Welfare had perfected a system pertaining to self-employed people who could show that they had no work after two or three weeks or who could show they were in difficult circumstances. The business of referring to last year's accounts does not arise. Income derived from last year's work is gone. The income of a PAYE employee fully employed last year but not employed this year is gone. I cannot understand how any reference can ever be made to the previous year's employment unless the person concerned has a big stash in a bank and can afford to live on it. There is a simple mechanism to deal with that.

The Department is now using mechanisms to make it difficult for people to qualify for benefits. There is a series of appeals and appeals against appeals. There are also conflicting decisions on appeals. For example, an appeal decision by the HSE regarding qualification for supplementary welfare may result in the granting of the benefit whereas an appeal decision by the Department of Social Welfare on the same matter and under the same legislation may be totally different. I cannot understand that given the consolidation Act and social welfare Acts that apply are exactly the same. Different decisions are made because it suits.

With regard to decisions on habitual residency, the number of which decisions is increasing, I am dismayed at the way in which the system operates. I am not accusing the Minister or Department of being racist but must state there was clear evidence that the system was introduced in the first instance to ensure certain people would not qualify. That group now includes Irish citizens who would ordinarily qualify at any time on the basis of their having been born and raised in this country but who happened to be abroad for perhaps two years out of the past five or six years. They qualify for nothing any more.

I am not suggesting that people who are not Irish citizens, or those who were not Irish citizens until recently, do not have an entitlement because they do. The way we treat people of other nationalities may influence the way in which the many Irish people now going abroad will be treated.

There is no sense in saying we should not accommodate or take cognisance of people in these circumstances. Many times over recent years, we have been very quick to cite the circumstances of undocumented Irish in the United States and the reason they should be treated fairly. I agree they should be treated fairly but we cannot make fish of one and flesh of another. We must recognise, sooner or later, that the world outside sees what we do. We can no longer live in a bubble and pretend nobody compares us with others. Recent financial crises throughout Europe should clearly illustrate that.

I refer to one other issue, namely, people who are now unemployed who were previously self-employed or on C5s. If they became ill in the past three or four years they did not qualify for anything if a spouse worked. Even though they would have been the main breadwinner previously they do not qualify for supplementary welfare benefit or any social welfare payment because of the spouse's earnings. Those earnings are totally incapable of meeting the requirements in terms of a mortgage or whatever else the case might be. People can suffer from a stroke, heart condition or other health problem at any age.

I urge the Minister to examine those situations and to try to give such people an entitlement. They have worked, paid PRSI and tax at the high rate. Other members have already referred to the issue. The system is terribly unfair. It makes people scared in the first instance and then cynical to be treated in that fashion. In those circumstances it will not cost more to accommodate such people because ultimately what would happen is that the home of such a person would be repossessed or internal pressure in the family would cause a breakdown in the health of the spouse and then the State would have to pay for everything.

Prior to the previous budget I tabled a question to the then Minister for Social and Family Affairs asking that adequate redeployment of staff within the various Departments would take account of the needs emerging in the Department of Social and Family Affairs. It now appears that the number of staff employed there is totally insufficient to meet the requirements of the increased workload. Why in God's name could someone not have put two and two together and predicted a rush of unemployed people, more calls on the Department, more delays, arrears, backlogs, appeals and counter-appeals and make the necessary simple changes within the Department to accommodate those requirements? We are told there is a surplus of staff in other Departments.

I apologise for being late. I support what the previous speaker said about self-employed persons. We are depending on them in the future to reignite the flame and get back into business because they are entrepreneurs by nature. The last thing they want is to be unemployed and without funds. Most of them are proud people and it is difficult for them to look for social welfare. The current system is stacked against them, especially since it is based on the previous year's accounts. One might have a bumper year one year. As the previous speaker said, the position has totally changed for anyone who is unemployed this year who was employed last year. The situation is more frustrating for self-employed persons who have no work in spite of their best efforts to get it. It is difficult for them to have to apply for social welfare and then go through the appeals system. Some constituents with whom I deal have tried to get on courses to re-skill or up-skill but they discover they are the only course participants not getting an allowance to do the course, from perhaps a group of 30. Those people are trying to improve their skills and find work for themselves first and then to create employment for others. They should be nurtured rather than treated unfairly. We need them. They are the people who will get us out of the morass we are in. The way they are treated is very unfair.

The habitual residency clause is unfair on people who left this country to go abroad who have come home to care for their loved ones. They find they are disqualified. The clause might have been introduced for a different reason but it affects people who come home to keep their loved ones out of hospital by caring for them in the home and in the process save the country a fortune. It is unfortunate that they are treated in such a way. I hope the matter will be sorted out.

We had a discussion in the committee with the previous Minister about extra staff. I know how hard staff in the Department have been working for the past two years. If the Croke Park deal is worth anything it will ensure staff are reallocated to the Department of Social Protection to deal with people whose appeals have been outstanding for a long time. The situation is totally unjust. It is also demoralising and driving out enthusiasm and the spirit of enterprise from self-employed people. That will damage the fabric of society for all time. We should nurture it rather than damage it.

I thank the Chairman and members for the points they have made and for raising various issues. I will try to answer specific questions, but more importantly widen the debate to a policy context to which some members have alluded.

Deputy Ring's first question related to negative equity. When a property is being assessed it is done under normal capital rules, in other words the first €20,000 does not count and it is calculated on the basis of €10 per €1,000 after that and then it is €20 per €1,000. However, that is net of a mortgage on the property. Where the problem arises is that in some cases people mortgage their home to buy a second property and that mortgage cannot be taken into account for a property in Spain if the mortgage is secured on the primary residence. In that case under the present rules one cannot take the mortgage into account as an offset against a property in Spain, for example, or a property that one might own in this country. Where the mortgage is against the second property it is taken into account. Perhaps that is worthy of further debate but the problem is that if the mortgage is not on the property in question how does one establish that it was taken out for that property. I hope that explains at least the policy issue in that regard.

The next issue raised by Deputy Ring is the nub issue, namely, what one pays in and what one gets out. The biggest potential benefit we all get from PRSI is a widow's pension or a State pension. They are by far the most expensive schemes we pay for. Jobseeker's benefit is time limited and the numbers on illness and invalidity pension is small compared to the number benefitting and the length of time people spend on average on the State pension or widow's pension. The self employed pay 3% and the employer and employee pay 14.75%. One group is paying four times more than the other but it is not getting four times the benefit. It might appear at times because employees have jobseeker's benefit and illness benefit that they can have four times the benefit but actuarial studies have established that self-employed people enjoy greater gains for their contribution from the system in the long term than those who are employed. Therefore, if one were to level the playing pitch in terms of entitlements one would also have to level it in terms of contributions and not only look at the employee contribution but also the employer contribution. That issue is worthy of further consideration and debate.

The next issue, which was alluded to by Deputy Durkan, is one that is near to my heart and I am willing to examine it. Under a self-employed system it is nearly impossible to establish short-term entitlements. How do we know a self-employed person is totally unemployed? In any case, what many self-employed people want to do is keep some self employment but they cannot live off it. Therefore, jobseeker's benefit does pose challenges if one introduced it universally. I have in mind a way that might be worth considering in dealing with that issue. Illness benefit in the short term is a challenge. I have enormous sympathy for the argument that invalidity pension should be available, again taking into account the fact that contributions need to be looked at. However, there is an argument to be made on a self-employed person who is permanently invalided. There are big risks involved all the time for the self-employed and it is worthy, at least, of serious consideration.

An issue was raised about the average time. I have visited local social welfare officers, Department offices and met front line staff. I make it my business to discuss the operation of the scheme with front line staff. We know that in some offices the jobseeker's benefit is down to six days turnaround, because it is fairly black and white. There is a number of contributions; one looks up the computer record and pays it. The average time for the self-employed is 10.71 weeks. That is partly due to delays with the investigations and the operation of my Department. From years of experience, however, no more than Deputy Ring there, I dealt with self-employed people even in the best of days, and farmers. It can, at times, involve considerable work to assist someone who has a very small operation to get all the bits of papers together, and to get all the information required to make a decision. Some cases have been brought to my attention, recently, and because of what went on in banks and so on there is some hairy information on file that warrants investigation. I know someone who was genuinely unemployed for years who managed to get a loan on a property, and the loan document stated that the person was earning a fantastic salary. Obviously, my Department had to check whether that was true and whether the previous payments made by this person were correct. One can be surprised what one discovers when one sees all the paperwork, and those cases are tricky. They take time and I wish there was some magic way of dealing with them.

On the issue of where we should go, we must take the whole thing in the round. I always believe one must hear two sides of an argument to get a solution to a problem. We have 8,883 people in receipt of the self-employed job seeker's allowance and 256 decisions pending. We have 172 on self-employed jobseeker's benefit - in other words, they had previously been employed as employees - and there are two decisions pending. There are 10,430 on farm assist, and 500 decisions pending. I shall return to that again.

On a wider issue, the problem with the Department as regards self-employed people with means is that if I say that we can assess a tradesman's income of €150, for instance, it is very hard for us to monitor that. If we question the individual doing some work, he or she can say "You told me that I could earn up to €150 per week". It is very hard to know whether he or she is earning €500 a week or €100 a week. We should recognise that there is an issue there that needs to be looked at.

It is particularly a problem with the farmer if he or she has no income deriving self-employment outside of farming. Certainly, in the west of Ireland 80% of the income comes from State payments. It is very easy to establish that all the other income from trading is probably taken up with expenses. Deputy Ring would agree with that. At least we have a good idea of what is going on from year to year.

I have often thought that self employed people should register for something like the rural social scheme, do the 19.5 hours and then be free to legitimately earn money for the year. It would facilitate best departmental control and satisfactory early decision making. At the end of the year he or she would make a tax return when we could see whether the individual was still entitled to self-employment income. If things picked up significantly, he or she would come off the scheme. If the position remained the same, he or she would stay on it. I know from my years of working with this problem that the advantage from the viewpoint of the self-employed person is that he or she has a guarantee for a year. Once the individual has done his or her time working, he or she is free to go off and do his or her thing in the evening, on a day off or whatever. This limits the black economy, and from society's viewpoint the advantage is that one can get the services of really highly skilled and motivated people.

Just on that, at the moment to get on a scheme one needs a social insurance record, and one is normally required to be in receipt of a payment. Is the Minister now suggesting, with the expansion of the schemes he has talked about recently, that people with no insurance records will be entitled to go on them?

Absolutely, but what I have always said is - as long as the individual is in receipt of jobseeker's allowance.

Many of these people might not be if the spouse has any type of income.

The spouse's income is a different issue and I can address that if the Deputy wants. It is slightly different because in most of the cases we are talking about here - the 8,000 cases - people are getting some payment. It took them ten weeks to get it. If it was a question of entitlement to jobseeker's allowance and a scheme place was available, the person would immediately go on the scheme. This would enable us to eliminate many appeals, and would solve this problem for a great many people.

The spouse's income problem for people on jobseeker's benefit - employees as well as the self-employed when they go on to jobseeker's allowance - is a valid issue, in addition to the one we are discussing. It has many implications for former employees as well, and if the Deputy wants I shall come back to that at the end. It is a very real issue.

The Deputy talked about people being forced into self-employment, and I share her concern up to a point. There is a scope section in the Department which decides these things. I am mindful of many people who are self-employed who did not have any of the characteristics of self-employment, and this is something we must continue to review, because it is a serious issue. I would not necessarily agree about truck drivers, because in my experience of running a community co-operative I leased and then sold the trucks to the operators. There were several very good reasons for doing that, but they were genuinely self-employed. One went on to buy a small service station and delicatessen. Another one, who started with one truck, has continued in business for many years and now owns three. He has built himself a nice little stable business.

That does not mean it is a good thing, just because the Minister is quoting a couple of examples.

No, I am not saying that.

There are many people who were taken off the books of companies where they had worked for years.

I am saying that sometimes there were legitimate reasons and people genuinely became self-employed. In the event, this was good for the concern involved as well as the employee. In other cases there is a question as to whether people are genuinely self-employed and whether, as the Deputy has said, it was a question of just literally dodging around for reasons of tax, insurance and so on. I agree with her scepticism in some cases, but not in others where from experience I know of legitimate reasons people became self-employed that had nothing to do with tax, PRSI, insurance, pensions or anything else like that. That situation has to be constantly monitored.

Who is constantly monitoring and looking at that?

I am, since I came into the Department, and it is an issue of grave concern to me, particularly in the building industry.

What is the Minister finding if he is monitoring the situation?

I shall come back, in time, with my findings and what I believe we can do, and what we can change.

I can foresee changes coming in the budget affecting people who work on a part-time basis. I know what the Minister is doing as regards people who can only get two or three days work per week and must look for social welfare. I can see major changes coming down the line for them. The Minister is saying that because people are working a day or two while drawing social welfare, there could still be more work available to them. However, that is not the case in many instances - and there is no work there for people.

I must interrupt here. I appeal to members to allow the Minister to continue. I shall endeavour to give each member as much time as possible, but I appeal to the committee to allow the Minister to continue, without interruption.

I assure the Deputies that I am trying to be as open as I can be about possible thought processes. I have not made any policy decisions, as yet, and neither has the Government. I take the role of the committee seriously. I see the committee affording elected members of the Oireachtas a means of exploring possible policy innovations and by our interaction and sharing of experience collectively devising better outcomes. I am not trying to give covert indications of where I am going.

I have 30 years direct experience of working with small farmers and at the beginning was very shocked by the penal social welfare code. One of my great boasts in the 1980s was that by creating employment, even if it was not all the year round, I managed to get people from small farms out of the means testing system. They would have had sufficient contributions to entitle them to jobseeker's benefit.

I want to have an open debate and explore ideas that have never been explored to see if there is a better way of achieving the two aims of protecting the taxpayer's money from exploitation while giving those who are genuinely unemployed a much better regime. I must stop the unscrupulous person from misusing the provision for those who genuinely have no income. Deputy Ring has a great deal of experience in this area because Mayo has the highest number of farmers on farm assist. He would agree that farmers think the rural social scheme is great because once they give 19.5 hours they get the full rate of €216, and if they get an extra cow or get extra money from REPS, their income does not go down. My question is whether we should extend that type of approach. It gives a safeguard to the State and yet gets people away from the more objectionable features of the item by item means testing that drives them crazy.

The problem is that everybody agrees there should be more places, but there is no money for additional places. The Minister is talking about additional places but does not have a budget for them.

I will deal with that issue. I am working on that issue and hope to have an answer shortly. I am sure the Deputy would like to be surprised by what I do.

I would love to surprise the Deputy. We might both be happy.

The Minister is full of surprises.

Deputy Shortall also raised the "M" stamp, this applies to spouses and children of an employer and they do not pay a contribution. Recently a Deputy brought to my attention the case of an employee who worked in a shop and then married the employer. When she became pregnant, she could not avail of maternity benefit because maternity benefit is not covered under the "M" stamp, whereas if they had a child without the intermediate operation, she would have been entitled to maternity leave. That situation poses a good question. The reason for the "M" stamp is that there was a fear if spouses and children were entitled to an "A" stamp, that the self employed person would put all the family members on the books and it would be hard to monitor if they were working but they would be entitled to all the benefits of an "A" stamp. That must be re-examined. In relation to spouse's earning, the disregard is €20 per day for a maximum of three days and after that 60% of the balance is covered. In response to Deputy Charlie O'Connor, in County Mayo there are 1,652 farmers on farm assist payments but in County Dublin there are ten farmers on farm assist. I do not think we ever got one of them to go on a rural social scheme.

Should I canvass them?

The number of farmers on farm assist in County Kildare is 55. Senator McFadden raised the question about the "C" stamp. It is back to the issue of 14.75% against 3%. It is definitely worthy of debate and I am beginning to come to the conclusion that people are much more clued into the pay-out and pay-in, in other words one pays in to get a pay-out. Society needs to fully debate these issues. A related issue is the universal charge, which is at the core of the PRSI system. Under the PRSI system if one does not contribute, one does not get a payment and the social transfer means that those on high incomes only get the same benefit as those on low incomes. The idea of a pay related social insurance is based on contributions and that as one pays in, that increases ones entitlement to benefit from the system. In any changes to a universal social charge, it would be a big step for people who have made sufficient contributions to achieve rights to find that everybody had the same rights, even those who had not paid into the system. All issues must be examined in the context of a universal charge.

Why is the Minister now calling this a charge, instead of a contribution?.

A contribution or whatever.

It is being called a charge. That is moving from the principle of paying in and then getting a pay-out.

Nobody has made suggestions to me at this stage. All these issues are being examined from every angle.

The ESRI study was commissioned by the Government.

The ESRI will bring out a report but at the end of the day the Government will make a decision.

Members are asking the Minister for his view on the system.

The current system connects entitlement to contribution. That is a good system and it would be a very radical step to move away from the connection between paying a contribution and benefiting from a payment at the end. However, there are too many rates of PRSI, there are 36 different rates, and that is too complicated. People do not understand it and cannot read their own payslips.

My question is why has the Government moved away from the idea of a universal contribution and is now talking about a universal charge.

The Government has not moved away from the contribution system. In the discussions that have taken place, that issue is central to any change that one might make. As I indicated, it would be a significant leap to go from a contribution system to some system that did not have a contribution element to it, and those who paid in have certain entitlements. I cannot pre-empt what we might do in the budget, but I am aware of the issues the Deputy raised and I can assure her that they are a central part of the discussions. No matter what the ESRI or anybody else says, and it is useful to get outsiders to look at things, but only Government and ultimately the Oireachtas can decide to change the system. I am very conscious, as are those who sit on the committee of the importance of the pay in and pay out system. I assure the Deputy that issue will not be neglected in the examination.

Is the Minister saying he will stick with the principle of a universal social contribution rather than the charge idea that the ESRI seem to have come up with.

That issue is central to the discussion and it would be a huge leap to go from that system to a system of total disconnection.

I wonder about the way the Minister is thinking. Is he committed to maintaining the system as a contributory system?

We take collective decisions in Cabinet. To go from where we are to anywhere else would be an enormous leap. I cannot see it happening in the short term, because there would be major complexities.

All these issues have to be examined very carefully. On the other hand, there is an idea of simplifying our system from 36 rates of contribution and rationalising that. I have argued for this since I was a backbencher. I have argued for this when they kept making it more complicated and when I effectively was the person in charge of the payroll. Most people want an understandable, simple system. Some 95% of those working in our economy either pay the A contribution in one of its many variations, or pay an S contribution in one of its many variations. The other classes are actually quite small, but there are far too many.

The first question I asked when I came into the Department was about the previous year's accounts. We have reiterated time and again to our own inspectors that the core aspect is the income projection for this year. One might look at last year's account for historical reference. That is fair enough, but this year's account is the deciding factor. My effort has been to get decisions as quickly as possible. There has been a major growth in the number of applications to the Department, and a major growth in the number of appeals.

I have taken steps to expedite the appeals. We had discussed this on the social welfare Bill. This has been stabilised but I want to get it down. At our last meeting with the management committee I said I wanted to see if there is any way of reducing the number of appeals, through better methodologies and so on, and whether there is a way of fast-tracking some of the simpler appeals so people can get quicker answers. I am working with my officials every day to see how we can reduce the appeal time, in view of the fact that the number of appeals has gone up.

Many appeals are as a result of means testing. If assessment is related to the number of contributions made, then there is very little to appeal because the person either has made them or has not. The big numbers are in areas like medical assessment and means testing. The big question is how to find a way to reduce people's need to appeal and come up with a better answer through better information or looking at the rules. If somebody got on a farm assist today and got on a scheme tomorrow, he will not bother appealing because there is no point.

I will not take offence, although I could, at the Deputy's attempt to imply that I am instructing people to be awkward and to hold back decisions and so on. Nothing could be further from the truth. Since I have gone into the Department, every effort of mine has been to get decisions made quickly. We must operate within the law-----

Is the Minister saying that the decisions are being dealt with now in the same way as they were being dealt with three or four years ago? They are not.

I am not saying that. I often wonder if I speak English or some other language. There has been a huge explosion in the number of appeals, from 5,000 per year to around 20,000 this year. I came into the Department in April and we appointed more appeals officers. We are looking at streamlining the administrative systems. We are looking at the very simple requests and dealing with them summarily. We are sending back information to the deciding officers and asking them to look at them again to see if they will revise the decision. I am looking at every possible way to get the waiting time down.

The volume is growing and the backlog is increasing.

We will deal with more appeals this year than ever. The Deputy is right that the volume is growing. I am now trying to deal with that issue. The Deputy was in this Department and he understands some of the-----

There is a vast difference between the Minister is dealing with them now and the way they were dealt with then. There were not so many people on appeal that time.

The percentage has not changed. What has changed is the total number of people interacting with the system.

The appeals officers reversed 30% to 40% of decisions made by community welfare officers, by the Minister's officials. Does that not mean that the Minister's officials are getting this wrong? A huge number of appeals have been reversed in favour of the person appealing. There must be something wrong in the Department.

The number of appeals is small when compared to the number of decisions. I was told that the reason many succeed is that when they go to appeal, the person provides much better information than he or she did the first time. If the person had given that information to the initial investigating officer, he or she would have got the decision that the appeals officer-----

I was advising a couple last week on an appeal for their daughter's disability allowance. I advised them to provide much greater information to the appeals officer. However, nobody told them to provide that information at the outset. That is a very important point, but it is not on the form. The form they had included a list of boxes to tick about the level of learning disability. Other people who applied at the same time under similar criteria got their disability allowance, so this couple were completely at a loss as to why they were refused. I said to them to put this extra information on the form, but nobody from the Department of Social Protection said this to them.

I accept the frustration of the Deputies on this issue. I will sit down with the senior management of the Department and I will see if we can forestall appeals by doing exactly what the Deputy is suggesting. A common case would be where somebody with a medical condition applies for illness benefit. Department officials rarely dispute the medical evidence of the objective illness, but they dispute whether the person is fit for work for which he or she is qualified. There is a difference between the two that might be subtle but is fundamental to the law.

It is not. For example, if a person has a serious illness, then that person will not be fit to go back to the workplace for a while. There have been countless cases where people went back into the workforce and there was a serious deterioration in their health. In some cases, such people passed away. It should not be beyond the comprehension of those assessing the cases and those making decisions to address that situation.

That is a very clear-cut case and I doubt it should go on appeal. Perhaps I get a different clientele into my office. I often see people who suffer from chronic conditions, and it is true to say that what determines their ability to work is very dependent on their qualification and the type of work that suits them. I have met people who, depending on the occupation for which they are qualified, would or would not be capable of continuing work. To improve the system, create greater interaction, reduce appeals and reduce the heartbreak for people involved, it is very important to explain to them what is stated in the law passed by the Oireachtas. The more information given, the more likely people are to understand how it based and make their case long before it gets to an appeal.

I understand completely that the Department must have all of the information. However, last week I saw the consultant and GP reports submitted to the Department for a particular case where a man suffering from severe bipolar depression and on medication was refused illness benefit. It is as if the Department disputed the medical evidence from the GP and the consultant.

This is outrageous.

We can blame the Department in some cases, but the Minister's point is very valid in the context of what Senator McFadden stated. What is the law and what are the legal requirements for the scheme? In many cases, I find that letters from eminent consultants do not measure up as they do not specify how the conditions relate to what the law requires under the social welfare code. I always tell people to return to their doctors; of course, it should not be our job to do so.

One thing that would help forestall appeals with regard to carer's allowance would be for applicants to keep a diary of what they do in a day. I tell applicants to do so. It will provide information on the medical condition of the person being cared for and on the fact that the person needs full-time care or attention. A diary showing the extent of the full-time care and attention would be useful for social welfare inspectors and the deciding officer making the decision. I do not think the Department asks for it but I always send in one with forms.

This is exactly-----

I have to agree. I have telephoned doctors to state they gave a very good report but the person involved had been refused carer's allowance. The doctors state that they are medical personnel and not pencil pushers like some of the people looking for ways not to pay it. This is correct. A doctor's job is to be a doctor and civil servants look for ways of not paying it. This has to change because doctors are frustrated with what happens to medical reports. People with serious illnesses do not receive allowances or benefits because somebody does not tick the right box.

My point is different-----

I tabled a question to see what qualifications the medical people had. Everybody was quite upset with me for tabling that question. I often wonder whether the Department has vets and not doctors.

This is a great debate.

Allow the Minister to finish.

The Deputy is articulating many points which I have articulated. However, in total support of what Deputy Byrne stated, I have to say that with regard to illness benefit, the question asked in the form, and the question that is germane, is whether the person is fit to work. In many cases a doctor describes the medical condition but will not include a medical opinion on whether he or she thinks the person is fit for the work for which they are qualified. This is very important. I have often pointed out that if somebody whose only qualification was to be a road worker was in a wheelchair, he or she would not be fit to work. However, if that person worked in an office or was a professor in a university, he or she would be fit to work-----

I must interrupt the Minister to state that is not an accurate assessment. There is ample evidence to show that two people affected by the same illness can react differently because of their mental attitude and ability to cope. I totally disagree with the notion that if one of them was able to work, then the other should be able to do so too. This issue was dealt with many years ago and has been resurrected. I have seen situations where it was suggested that a person who had major surgery for a form of cancer, which most people will agree is a serious illness, should return to work. I would ask the person whether he or she was fit for the strain and stress of returning to work or being forced back to work and the answer would be "No".

I gave a very extreme example to try to illustrate the fact that it is not as simple as considering a medical condition. A doctor is meant to find out in what the person involved is skilled and able to do, whether it is physical work, such as a roofer or scaffolder, or if it is office work and then give his or her medical opinion on whether the person is fit for work. I have found that in many of the cases I have seen the doctors leave out the last part. Similarly with carers, sometimes doctors give a long description of the medical condition but do not state that the person needs full-time care and attention. This does not happen in every case.

It would be much easier if each side could see the mote in the other's eye. I am looking at the total picture to see whether we can improve matters in the Department, make it more interactive and obtain quicker, more consistent outcomes. The chief medical officer has done a huge amount of work trying to standardise all of this. I have sat down and gone through it in absolute detail and I have promised the committee that I will do so again. However, we would be foolish to think that even if the Department did it perfectly it would eliminate appeals. If the people submitting information on means tests or from medical practitioners do not provide us with the required information in the first place there will be appeals, and I will say no more on the subject. If both sides worked together to reduce these issues, we might get some results.

The habitual residence clause, HRC, issue was also raised. I cannot legally differentiate between an Irish citizen and a citizen of any other European Union country. If one compares us to other European countries, particularly the most recently joined member states, from Lithuania to Latvia to Rumania to Bulgaria, our social welfare rates are more than what well-paid working people receive there. Therefore, we have to have an HRC as otherwise we would be open to social welfare shopping.

Let me finish. I listened to everybody.

Allow the Minister to finish, please.

I will finish my point and committee members can come back to me through the Chairman.

We cannot eliminate the HRC. If we do so, it will be open sesame and we will have a tsunami that we cannot afford.

We have to recognise that under European Union law, an Irish person coming home from Britain has to be treated exactly the same as a Pole, Lithuanian, Slovakian or anybody else coming here in the same circumstances. If we do not do so, we are open to challenge. I hear what people say about carers and I think I know what is causing the problem. Mary or Pat returns from Britain to look after Mammy or Daddy because they are ill and need care. The Department asks them what is their long-term intention and they state it is to return to Britain if and when their parents pass away. The problem with this scenario is that the person's main permanent centre of interest is not Ireland.

It is not under the law. Were I to say that it was, any European from any country who came to Ireland to care for two years for anyone who was entitled to full-term care and attention would be able to claim carer's allowance. This would apply to anyone who could find someone to care for.

No, it is not true.

Deputy, please.

I apologise once more to the Chairman.

This is a fine line but I must be careful about equality under European law. If the Deputy can either approach me privately or across the floor of the House with a suggestion as to how I can get through the eye of this needle in a better way than is being done at present, I will be all ears. I am trying to outline that some people suggest to me consistently that Irish people should be treated differently. I am sorry but I cannot legally do that.

I apologise to the Chairman for my late arrival. As someone who is no longer a member of this joint committee, I thank the Chairman for his past co-operation. As the person who asked for the Minister to be invited before the joint committee to discuss the issue of the farm assist payment and the general position regarding appeals, the situation in respect of the latter is outrageous. I know of people who lodged appeals as long ago as last summer but whose cases still have not been dealt with. I also know of people who have been dealt with and the drop in farm income, which now is being sanctioned by Teagasc at a minimum of 40%, is being completely ignored. Farm accounts are being ignored and the position is desperate. The Minister should re-examine this issue to ascertain what can be done because some farm families are in desperation.

As for the discussion regarding appeals on health issues, I was unfortunately obliged to be involved in such an appeal last Monday. Given that it took place so recently, I cannot say much about it as it still is in process. However, when medical people make statements about people's health, the least they should do is examine them. I saw all the papers pertaining to the aforementioned case from the doctors, consultants and personnel at departmental level and there was such a difference as to be unbelievable. The mother and daughter concerned, who had been present at one of the medicals, were with me at the time and could not believe what had been written on paper because the person had not been examined. That is all I wished to say.

Unless there are further questions, I will ask the Minister to conclude.

I have one question for the Minister. The issue of habitual residence will be on the joint committee's agenda in two weeks' time at my request. I understand the Minister may not be available because of the budget.

While I would very much like to be present, it may not be possible.

I refer to the legislation enacted when the Tánaiste, Deputy Coughlan, was Minister for Social and Family Affairs. Its purpose was to deal with the consequences of the accession to the European Union of the new member states. At the time of its enactment, it was made clear that under no circumstances would Irish citizens be affected by the legislation. Moreover, this is on the Official Report of the Dáil because I asked this question myself. However, that is what is happening now. Why was the rule changed? The European countries were allowed in, together with the island of Jersey. Why have the rules pertaining to habitual residency changed within the last 12 months?

I understand the social welfare system must be protected in respect of people coming from Northern Ireland and elsewhere but this is having a negative effect on our citizens. One cannot tell Irish citizens that they are not Irish citizens merely because they moved to England for two years before returning. Such people have records and I refer to the case I encountered yesterday about which I contacted the Department of Social Protection. This person concerned has stamps and will qualify for a pension at a later stage. Although such people may have been away for seven or eight years, they had worked here for 30 years before then. When they return they are being told that because of the habitual residency law, their absence for the last two years means they do not qualify. This is happening.

What the Deputy will find-----

Deputy Ring, this will be the subject of the meeting to be held by the joint committee. Before the Minister concludes, I ask members to remain because the joint committee must deal with correspondence.

The Chairman should note I have an urgent matter to raise in private session.

May I conclude? I understand there will be a debate on habitual residency. However, in response to Deputy Ring, I will not comment on a particular case regarding which I have not seen the circumstances. As outlined by the Deputy, there should be no difficulty if the person concerned is back permanently and Ireland is his or her centre of interest.. However, I invariably find that the problems that arise in habitual residency condition, HRC, cases are twofold. The first is when there has been an unofficial family break-up. In other words, half the family remains abroad while the other half has returned to Ireland without recourse to divorce or legal separation. Therefore, it is extremely difficult to make a call on such cases.

As I noted earlier, the second circumstance appears to be the one that is causing grief and I believe that were people aware of what is the problem, they might have the solution in their own hands. I refer to cases in which people state that they have only returned temporarily and I have seen people get into trouble on that basis. Like any member present, I wish to do everything to facilitate our own people but I must do so in a manner that is consistent with European law.

I have one final comment to make in respect of HRC. The former Deputy, Dr. Jerry Cowley, approached me on behalf of St. Brendan's Village and the Safe-Home programme, about which issues had arisen. We met them and told them that if they could provide certain documentation and could certify that as far as the Safe-Home programme was concerned, the people involved were returning home permanently to participate in that programme, the Department then would be able to take this into account in the HRC decision. Former Deputy, Dr. Cowley, left the meeting happy at the outcome. He will be back. I hope it will not be-----

Deputy Gilmore hopes he will be back.

Not only is the Minister an adjudicator, he also is a soothsayer.

Dr. Cowley came to an arrangement with the Department in June, which now has been put in place. I met him at the Famine commemoration and he wrote to me to the effect that he was satisfied that the Department had, within the law, dealt with it in a very humane and practical manner. If the joint committee can come forward with similar ways of staying within the European law while dealing with such hard cases, I will be all ears.

I welcome the debate on the self-employed. The joint committee should interact to ascertain whether there are better ways to make sure the system is not open to abuse, while simultaneously providing much better services to those who genuinely need the Department's services in a much more timely manner. I for one believe that hugely improved systems can be put in place within the Department but I would like to include this joint committee in my deliberations. I hope that I can always appear before it to discuss possibilities, rather than always merely announcing policy, in order that I can involve members in policy formation, which I understand was the original purpose for which such joint committees were set up.

I again thank the Minister and his officials for taking the time-----

I ask the Chairman to indulge me for a moment. Deputy Mattie McGrath asked a question about getting on courses. The answer is that if one can get the €1 jobseeker's allowance, one is through the gate. If one cannot, a problem arises that is part of a wider issue I must consider.

As for mortgages, I am considering the reform of the mortgage interest supplement and I intend to get rid of the rule that if an applicant or his or her spouse works for more than 30 hours a week, one is out. We must ensure that this scheme is more amenable to people because I believe it provides much greater value for money than does rent allowance. It provides much better social outcomes because it helps people to retain their houses. However, I also must note that one problem we have in respect of mortgages is that it appears as though some people, particularly in the self-employed sector, were given mortgages on the basis of incomes they never had. Therefore, when one is trying to establish the fall in income, one encounters a problem because those concerned never had the income for which the mortgage was given in the first place.

The revelations that now appear to be coming out of the woodwork regarding what went on in banks in respect of documentation is quite frightening. While I am dealing with the mortgage interest supplement issue, I will not do so through the means-tested jobseeker's allowance. Rather, it will be dealt with as an entitlement to the mortgage interest supplement in itself.

I thank the Minister and his officials for attending this meeting. We have had an interesting discussion. I appeal to members to wait for a few minutes so that we can deal with correspondence. Is it agreed to go into private session? Agreed.

The joint committee went into private session at 12.50 p.m. and adjourned at 1.15 p.m. until 11 a.m. on Wednesday, 27 October 2010.
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