Written Answers Nos. 255-274
256. Deputy Luke 'Ming' Flanagan asked the Minister for Jobs; Enterprise and Innovation if he will list all the current positions, where the appointment was made by his Department held by retired senior civil servants; and if he will make a statement on the matter. [42669/12]
View answerSince my appointment as Minister, I have not appointed any senior retired civil servants to any position within my Department or to any position within any of the State Agencies under the aegis of my Department.
257. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason an oral hearing was not granted in respect of an application for supplementary welfare allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41229/12]
View answerThe legislation provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in this case as it was considered that an oral hearing of the person concerned was not warranted.
258. Deputy Bernard J. Durkan asked the Minister for Social Protection in respect of an application for disability allowance in the case of a person (details supplied) in County Kildare, the reason a letter was sent to the applicant on 13 September 2012 stating that their application had been refused, despite a letter being issued from her office on 11 September 2012 stating that the application would be considered in due course; if she will review this case; and if she will make a statement on the matter. [41230/12]
View answerThe person concerned applied for disability allowance on 4 July 2012. The medical evidence supplied with her application was referred to one of the department’s medical assessors who was of the opinion, based on the information supplied, that she was not medically suitable for disability allowance. The deciding officer accepted this opinion and the claim was refused and the person was notified in writing of this decision on 13 September 2012.
If the person concerned wishes to have the decision reviewed she should submit further medical evidence and her claim will be reviewed.
Your previous Parliamentary Question (38076/12) on this lady was received on the 4 September 2012 and due to the time lapse between the Question being tabled and actually answered a decision on the application concerned had been made.
259. Deputy Finian McGrath asked the Minister for Social Protection the position regarding rent supplement in respect of a person (details supplied) in Dublin 5. [41246/12]
View answerIn order for the person concerned to establish if an entitlement to Rent Supplement exists, he should lodge an application. He should also be assessed by a local authority as having a housing need. Although he did apply for Rent Supplement in September 2011, further necessary documentation which was requested was never submitted by him.
260. Deputy Michelle Mulherin asked the Minister for Social Protection the reason financial brokers are excluded from participating as advisers in providing free independent financial advice for borrowers in mortgage distress under the Mortgage Arrears Information and Advice Service; the criteria used to decide that only accountants could offer such advice; if she will consider including financial brokers who have the appropriate knowledge and experience to the service; and if she will make a statement on the matter. [41276/12]
View answer284. Deputy Paul J. Connaughton asked the Minister for Social Protection if financial advisers will be allowed to administer advice under the mortgage advice scheme; and if she will make a statement on the matter. [41505/12]
View answer291. Deputy Éamon Ó Cuív asked the Minister for Social Protection the reason for her proposal that the new advisory service for mortgage holders in difficulty is to be confined to accountants; the reason financial brokers regulated by the Central Bank of Ireland are not included; and if she will make a statement on the matter. [41709/12]
View answer303. Deputy Robert Troy asked the Minister for Social Protection if she will reverse the decision that has been made to confine the new advisory role for mortgage holders in difficulty to accountants; and if she will make a statement on the matter. [41848/12]
View answer307. Deputy Michael Creed asked the Minister for Social Protection the reason she is excluding mortgage brokers from acting on behalf of distressed mortgage holders in the new advisory service; her views on whether this profession which is regulated by the Central Bank of Ireland and is already undertaking this role in a private capacity, is adequately qualified and appropriately regulated to merit inclusion in this advisory service; and if she will make a statement on the matter. [41892/12]
View answerI propose to take Questions Nos. 260, 284, 291, 303 and 307 together.
I recently announced a three-phased approach to establishing a comprehensive Mortgage Arrears Information and Advice Service to provide the necessary supports to assist people in mortgage distress. The approach differentiates between mortgage information and mortgage advice. The first two involve the enhancement of the website www.keepingyourhome.ie and the establishment of a Mortgage Arrears Information Helpline within the Citizens Information Board both of which focus on the provision of comprehensive mortgage arrears information in particular to people in arrears or pre-arrears.
The third element of the service is the provision of independent financial advice to mortgage holders who are being presented with long term mortgage resolution proposals by their lenders. This advice will be provided by a panel of accountants drawn from members of the main recognised accountancy institutes in Ireland who have agreed to participate and support this independent service.
When a lender is proposing longer-term mortgage resolutions, the lender will advise the borrower to obtain independent financial advice on the proposed arrangement and that, if the borrower wishes to avail of this option, that the lender will pay €250 to an accountant of the borrower’s choosing for the provision of this advice.
An operating protocol for the provision of this advice has been agreed between the main recognised accountancy bodies and the lenders. The general scope of the advice will be limited to the borrower’s principal private residence.
The advisory framework has commenced with practising accountants because they already operate within a regulatory regime which includes qualitative oversight by their regulating bodies and in these circumstances it was possible to establish the advisory framework for people with mortgage distress within a relatively short timeframe.
There is nothing to inhibit other financial intermediaries from continuing to give advice on mortgages as requested by borrowers. While the advisory framework will be monitored on an on-going basis, it is not intended to conduct a formal review of the scheme before the due date of 2013. At this time, other interested parties who meet the criteria in terms of qualifications, experience, independence, professional indemnity insurance, etc., may be considered for inclusion.
The accountancy bodies have notified their members about the new service and a panel is available on a county by county basis on the website www.keepingyourhome.ie.
261. Deputy Catherine Murphy asked the Minister for Social Protection if there has been a change in policy in 2012 in respect of housing applicants who have been approved for rent assistance and where the social housing needs assessment has post dated the commencement of the tenancy, sometimes by months; if a change has been made to refuse to pay arrears; and if she will make a statement on the matter. [41295/12]
View answerThe purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are currently approximately 90,000 persons in receipt of rent supplement, for which the Government has provided €436m in 2012.
To qualify for rent supplement a person must be residing in private rented accommodation or accommodation for homeless persons or in an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out within the 12 months preceding the date of claim and the person is deemed by a local authority to be eligible for and in need of social housing support. In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by a housing authority.
Only when the person has been assessed as being eligible for and in need of social housing support, does the person become eligible for consideration for rent supplement. Rent supplement is not payable while a housing needs assessment is being undertaken. There has been no policy change to the eligibility criteria in 2012.
262. Deputy Gerry Adams asked the Minister for Social Protection if she will provide an update on a carer's allowance application in respect of a person (details supplied) in County Louth; and if she will make a statement on the matter. [41297/12]
View answerI confirm that the department is in receipt of an application for carer’s allowance from the person in question. The medical assessment has been completed and the application is awaiting examination by a deciding officer for a means assessment and a full decision. The application will be processed as quickly as possible and when a decision is made the person concerned will be notified directly of the outcome.
263. Deputy Gerry Adams asked the Minister for Social Protection if she will provide clarification on the requirements which must be met in order to qualify for qualified child dependent, with specific regard to whether or not the applicant must be in receipt of child benefit payment to qualify; if so, the steps that must be undertaken by an applicant to transfer payment of same from one parent to another; and if she will make a statement on the matter. [41299/12]
View answerQualified child increase (QCIs) are paid as child-related supplements to most weekly social welfare payments. QCIs are paid as supplements to weekly social welfare benefits and allowances in recognition of the need for greater incomes among benefit-dependent households with dependent children. The current full rate of payment is €29.80 per week per dependent child having increased in recent years after a considerable period of being frozen in value. The estimated expenditure on qualified child increase in 2012 is around €675 million.
QCI payments do not of themselves constitute a specific social welfare scheme and entitlement to the appropriate primary adult payment must be established in the first instance.
Social welfare payments consist of a personal rate with increases for qualified adults and children depending on the household composition. In order to be regarded as a qualified child the child must be ordinarily resident in the State (except where EU rules provide otherwise), not be in legal custody, satisfy the age condition attaching to the particular payment and normally reside with the claimant. Where children continue in full-time education, payment of the QCI can continue up to 22 years of age or up to the end of the academic year in which the child reaches 22 in the case of long-term payments as well as short-term payments that have been in payment for at least 156 days. A full rate QCI is payable where a qualified adult increase is also awarded or for those claimants who are parenting alone. A reduced rate QCI is payable for children in cases where the claimant’s spouse/partner’s income exceeds a certain limit. The upper income limit is currently set at €400 a week.
Child benefit is a universal payment that assists parents with the cost of raising children and it contributes towards alleviating child poverty. The estimated expenditure on child benefit for 2012 is around €2 billion. Child benefit payment is non means-tested and non-taxable and is payable to the parents or guardians of children. There is no specific requirement for an applicant to be in receipt of child benefit payment in order to qualify for payment of a qualified child increase.
In cases where the circumstances so warrant, arrangements may be made for a qualified adult, or another person, to receive a specified amount of a social welfare payment, including the amount payable as a qualified child increase, on behalf of the claimant, most usually where it is likely that the amount of benefit payable would not otherwise be used for the subsistence of the family unit. Details in relation to calculating a split payment are included in DSP operational guidelines available on the DSP website at this address http://www.welfare.ie/EN/OperationalGuidelines/Pages/seppayments.aspx .
The application of the guidelines allows for the investigation of specific circumstances and if the Deputy wishes to have a particular case considered, he can arrange to have it brought to the attention of my Department for consideration.
264. Deputy John O'Mahony asked the Minister for Social Protection when a decision will be made on an appeal for home help in respect of a person (details supplied) in County Roscommon; the reason this case has been refused; and if she will make a statement on the matter. [41303/12]
View answerThis application for carer’s allowance was disallowed by the appeals office on 30th August 2012. Further information has been submitted with this parliamentary question and therefore the file is being sent to the appeals office on 27th September 2012 along with all new additional information. Once an appeals officer has made a decision on the claim, the person in question will be notified directly with the outcome.
265. Deputy Catherine Murphy asked the Minister for Social Protection if consideration is being given to add any additional categories to the job activation initiatives including those who are available for work but not entitled to a payment that will give them access to internship's or other upskilling opportunities; and if she will make a statement on the matter. [41307/12]
View answerGiven the scale of the unemployment crisis, the key objective of activation policy and labour market initiatives is to keep those in receipt of a live jobseeker’s claim close to the labour market and prevent the drift into long-term unemployment. This policy objective prioritises scarce resources to those in receipt of a live claim so as to increase their chances of gaining employment thereby ensuring a reduction in Exchequer costs over time.
For the reasons outlined above, the JobBridge national internship scheme, in common with most labour market programmes, is currently open only to those in receipt of certain welfare payments. However, all aspects of the scheme including eligibility criteria will be reviewed following the forthcoming independent evaluation of the scheme.
Unemployed persons not in receipt of payments may be eligible to avail of up-skilling opportunities, for example through FÁS training, but are not eligible to receive a training allowance while undertaking such training.
266. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an application for invalidity pension will be determined in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41310/12]
View answerInvalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.
This department received a claim for invalidity pension for the person concerned. The medical evidence provided by the claimant in support of her claim was examined by a medical assessor who was of the opinion that the person concerned is not eligible for invalidity pension as she does not satisfy the medical criteria. The application for invalidity pension was, accordingly, disallowed by a deciding officer. The applicant was notified of this decision and the reason for it.
The person concerned subsequently submitted further medical evidence in support of her claim. This evidence has been forwarded to a different medical assessor for evaluation and a decision will issue to the person concerned once the review is completed.
267. Deputy John Perry asked the Minister for Social Protection the position regarding a domiciliary care allowance appeal in respect of a person (detailed supplied); and if she will make a statement on the matter. [41312/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16th April 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 16th August 2012 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
268. Deputy Catherine Murphy asked the Minister for Social Protection in situations where a candidate does not fulfil the eligibility criteria for back to education allowance, if there is any flexibility to use previous periods of unemployment; if any change is being considered to the guidelines; and if she will make a statement on the matter. [41316/12]
View answerThe back to education allowance (BTEA) scheme is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling eligible people on certain social welfare payments to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held.
A person wishing to pursue a course of study under the back to education allowance scheme will have to satisfy a number of conditions such as being a certain age, in receipt of a prescribed social welfare payment for a specified time period, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications among others.
Currently the period for which a person is required to be on a qualifying social welfare payment, such as jobseekers, before assessing the third level option is 9 months (234 days) and 3 months (78 days) for second level option. Periods spent on relevant social welfare payments or on jobseekers/illness benefit credits, that are not broken by more than 12 months (52 weeks), can be used in determining if an applicant satisfies the qualifying period criteria. Persons in receipt of a statutory redundancy payment may be in a position to access back to education more quickly. They can access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study and progressing in qualifications.
My Department is currently reviewing a wide range of activation supports available to DSP customers, including BTEA, and it is my intention to canvass the views of stakeholders as part of the implementation process resulting from the review.
269. Deputy Billy Kelleher asked the Minister for Social Protection the number of persons that have been awarded assistance in the County Cork area following the recent flooding; if she will provide a breakdown by affected areas; and if she will make a statement on the matter. [41323/12]
View answerDepartment officials provided immediate support to households affected by the Cork floods through the issue of exceptional and urgent needs payments. Most of these payments were made in respect of a household’s immediate needs such as clothing, food, bedding and emergency accommodation needs. The Government announced the extension of the humanitarian assistance scheme, to further assist affected householders in Cork. This scheme, which is means tested, is available to people whose homes were damaged in the flooding and who are not in a position to meet costs for essential needs, household items and in some instances structural repair as a result of the flooding damage.
To-date, 97 customers have received assistance throughout the affected areas in county Cork at a total cost of approximately €105,000. A breakdown of the customers per affected area is provided in the following tabular statement.
Any person continuing to experience hardship as a result of the floods in Cork should contact their local department representative administering the supplementary allowance scheme who may be able to offer assistance.
Number of Individuals who received assistance in Cork 2012 following flooding:
|
Location |
No. of Individuals |
|
Blackpool |
28 |
|
Ballyvolane |
16 |
|
Glanmire |
25 |
|
Clonakilty |
14 |
|
Commons Road |
2 |
|
Douglas |
3 |
|
Gurranabraher |
2 |
|
Inishannon |
2 |
|
Kilnap |
2 |
|
Rathcormac |
1 |
|
Dripsey |
1 |
|
Farranree |
1 |
|
Total |
97 |
270. Deputy Bernard J. Durkan asked the Minister for Social Protection if half rate carer's allowance will be backdated to December 2011 in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41324/12]
View answerAn application for Carer’s Allowance was received from the person in question on the 31st May 2012. Arrears payments for Carer’s Allowance are backdated to the date the application was received. All arrears due to this person have issued dating back to the date the Carer’s Allowance application was received.
The person in question made an application for the One Parent Family scheme in December 2011 so therefore she was due arrears dating back to December for that particular scheme.
271. Deputy Jerry Buttimer asked the Minister for Social Protection if the 1980 EU Insolvency Directive is applicable to a person (details supplied) in County Cork; and if she will make a statement on the matter. [41357/12]
View answer273. Deputy Jerry Buttimer asked the Minister for Social Protection if she will outline the pension entitlements of a person (details supplied) in County Cork; if the 1980 EU Insolvency Directive is applicable to the person; and if she will make a statement on the matter. [41368/12]
View answerI propose to take Questions Nos. 271 and 273 together.
The purpose of the Insolvency Payments Scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act, 1984, which, in turn, derives from EU Council Directive 987/80, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. The employer referred to in this instance does not meet the definition of insolvency for the purposes of the scheme.
The entitlements covered by the scheme include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice & Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal (EAT), Rights Commissioners, etc., are also covered by the Scheme.
The scheme does not cover pension entitlements but it does cover pension contributions which had been deducted from employees and not paid into the pension scheme and employer contributions due to the pension scheme where these contributions fall within a period of 12 months prior to the date of insolvency.
Occupational pension schemes in Ireland are normally established under Trust Law and have a set of guidelines called a trust deed which sets out the rules that govern how the scheme is operated. The pension entitlements of all members of the scheme will be set out in the trust deed. A mandatory entitlement to preserved benefit was introduced in the Pensions Act 1990 which came into force on the 1 January 1991. Unfortunately in this case the person’s employment terminated before the Pensions Act came into force and is not covered by the provisions of the Act.
The trustees of the pension scheme will be able to inform the person concerned as to what benefit, if any, he is entitled to under the rules of the scheme. If the person has difficulty in ascertaining who the trustees of the scheme are, he should contact the Pensions Board who will be able to provide assistance.
272. Deputy Noel Harrington asked the Minister for Social Protection the position regarding an appeal for respite care grants for 2011 and 2012 in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [41367/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5th September 2012. 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 received, the appeal 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 required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
274. Deputy Thomas P. Broughan asked the Minister for Social Protection if it is anticipated that all free travel passes will contain photo ID in view of the security concerns raised by some senior citizens; and if she will make a statement on the matter. [41377/12]
View answerThe estimated cost of the Free Travel Scheme in 2012 is €77 million for 745,466 registered customers. In addition when companion passes are taken into account there are an estimated €1.2 million people with an entitlement to free travel.
A new public services card (PSC) has been designed to replace other cards within the public sector such as the free travel pass and the social services card of my Department and to make it easy for providers of public services to verify the identity of customers. The PSC will be used by Government departments and agencies to meet their own business needs for identity authentication. It is intended that this will include transport operators supporting the free travel scheme. The PSC will include photo identification and signature and will encompass other security features which will considerably reduce the potential for forging cards and fraudulent use.
The roll out of the card has commenced and the Department is currently running a pilot registration process involving a cohort of pensioners who already have given data to the Department in connection with their application for an All-Ireland Free Travel Pass, including their photograph. The Department has written to this group requesting their permission to use this data to register them for the free travel variant of the public services card and asking them for their answers to a number of security questions. These questions will allow their identity to be verified in the event that they have to contact a helpdesk for assistance. This is in line with industry best practice and serves as reassurance to customers against identity theft.
You will appreciate that this is a significant project to implement, however, and will have to be carried out in phases over the next few years having regard to the resources available. It is hoped to be in a position to commence the issue of the free travel variant of the PSC, specifically designed for our customers who have entitlement to free travel, during 2013.
