Written Answers Nos. 295-314
295. Deputy Jack Wall asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41730/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15 March 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 3rd July 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.
297. Deputy Dominic Hannigan asked the Minister for Social Protection the reason financial brokers were excluded from the recently announced advisory service for mortgage holders; if there will be a review prior to the June 2013 review; if not, will there be an opportunity for an evaluation of a small number of cases to ensure that the service is working and does not need any additional professions to be included; and if she will make a statement on the matter. [41745/12]
View answerI 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 June 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.
298. Deputy Dominic Hannigan asked the Minister for Social Protection if the Professional Insurance Brokers Association were consulted at any point prior to the launching of the new advisory service for mortgage holders; and if she will make a statement on the matter. [41746/12]
View answerI 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.
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.
The Professional Insurance Brokers Association was not consulted in advance of these arrangements. There is nothing to inhibit their associates, or other financial intermediaries, from continuing to give advice on mortgages as requested by borrowers. The advisory framework will be monitored on an on-going basis and it is intended to review the operation of the framework in June 2013 at which point 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.
300. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on an application for carer's allowance; and if she will make a statement on the matter. [41749/12]
View answerI confirm that the department is in receipt of an application for carer’s allowance from the person in question. 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
301. Deputy Peter Mathews asked the Minister for Social Protection her plans to address the delays in processing carer's allowance applications; and if she will make a statement on the matter. [41815/12]
View answerThe Department is committed to delivering the best possible service to its customers. Currently the average time taken to award a carer’s allowance application is 28 weeks.
I acknowledge that the time taken to process carer’s allowance claims at present is not satisfactory but I am satisfied that the Department is taking appropriate action to resolve the situation.
Carer’s allowance section has recently completed a major service delivery modernisation project to improve the efficiency with which it processes applications from clients for carer’s allowance. The project involved the development of IT functionality and associated business process re-organisation. Full deployment of the new system for Carer’s Allowance was completed in June 2012.
Following the completion of the modernisation project, an in-depth business process improvement (BPI) project commenced for the carer’s allowance scheme. This project focused on optimising output and customer service and the reduction of backlogs. The outcome of the review is the division of work into two streams. One concentrates on dealing with new claim intake and processes these without delay and the other on the backlog which is ring-fenced with a clear and targeted plan for its elimination. Implementation of the plan commenced on Monday 3 September and will be closely monitored and managed to ensure it achieves its objectives. However, it will take a number of months before the backlog is reduced to an acceptable level. The allocation of available resources to this task continues to be monitored.
302. Deputy Finian McGrath asked the Minister for Social Protection the position regarding jobseeker's allowance in respect of a person (details supplied) in Dublin 5. [41827/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23rd July 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 23rd August 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.
304. Deputy Eric Byrne asked the Minister for Social Protection the procedures in place for parents of school going children who are offered a place on the TÚS scheme, but, cannot take up the offer of a place due to the fact that they cannot afford or source within their own family adequate childcare cover; if this will impact their entitlement to a Department of Social Protection payment; and if she will make a statement on the matter. [41860/12]
View answerTús is a community work placement initiative which aims to provide work opportunities to persons who have been unemployed and in receipt of a jobseeker’s payment for at least 12 months and are currently in receipt of jobseeker’s allowance.
To qualify for a jobseeker’s payment, a person must satisfy certain conditions which includes being available for full-time work. Individual circumstances, including childcare arrangements, may affect a customer’s ability to satisfy these conditions and could have an impact on the customer’s continued entitlement to payment, if they affect availability for work or result in a refusal of a suitable offer of training.
Implementing Bodies will make every effort to ensure that the work placement arranged for a Tús participant is suitable and, insofar as it is possible meets the needs of the individual, giving them the opportunity to work the required hours (19½ hours per week) around their childcare needs.
It should also be noted that Tús participants continue to be eligible for the Community Childcare Subvention Programme, which is available from the Department of Children and Youth Affairs.
305. Deputy Mary Lou McDonald asked the Minister for Social Protection the reason an appeal for disability allowances was refused in respect of a person (details supplied) [41888/12]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The reason for the refusal of the appeal was outlined in the decision letter which issued to the person concerned on 16 August 2012.
Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.
Following the submission of further correspondence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of his appeal has been finalised.
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.
308. Deputy Robert Dowds asked the Minister for Social Protection the circumstances in which a person in receipt of supplementary welfare allowance, who has no other household income, is eligible for fuel allowance. [41895/12]
View answerThere are approximately 1,000 customers in receipt of supplementary welfare allowance (SWA) and fuel allowance.
Customers in receipt of SWA for 15 months or over are eligible for the fuel allowance. The means test for the fuel allowance is automatically satisfied in these cases. To qualify for the allowance, an applicant or any member of their household must be unable to provide for their heating needs from their own resources. In addition, the applicant must reside alone or with a specified person(s) which includes a dependent spouse, civil partner or cohabitant and/or dependent children. Only one fuel allowance is payable per household.
309. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding illness benefit/disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41918/12]
View answerA decision has been made in this case and I regret to inform you that the appeal has been disallowed.
The Appeals officer has expressed the opinion that person concerned was not incapable of any or all employment as prescribed for the purpose of entitlement to illness benefit from 19th October 2011 onwards.
A note on the reasons for the Appeals officer’s decision is outlined below.
“In this case the person concerned had previously been diagnosed with a medical condition which required careful and on-going attention in order to alleviate any possible adverse effects. It was nonetheless concluded by qualified medical assessors, following two medical examinations, and on review of all case details that the person concerned did not meet the prescribed medical criteria for continued entitlement to illness benefit.”
The person concerned was notified of this decision by letter from the Social Welfare Appeals Office on 10th September 2012.
There has been no application for disability allowance made by the person concerned to date.
310. Deputy Peadar Tóibín asked the Minister for Social Protection the social welfare supports available for a former self employed citizen who is sinking into poverty. [41919/12]
View answerThe Department of Social Protection operates a range of schemes which are designed to provide financial support for people in need. These schemes are designed to cover particular contingencies such as unemployment, illness old age etc. and the choice of scheme depends on the individual's particular circumstances.
If a person of working age has no has no income from employment, they may be entitled to a jobseeker payment. To avail of this scheme the customer must be unemployed, available for work and satisfy a means test. Applications for this scheme can be made through the local Social Welfare Office.
It is also important to remember that people who have urgent income support needs can apply for the means tested supplementary welfare allowance.
311. Deputy James Bannon asked the Minister for Social Protection the position regarding an application for disability allowance in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [41934/12]
View answerI confirm that an application for disability allowance has been received from the person concerned. The application has been referred to a social welfare investigator for a means investigation. A decision on the person’s entitlement to disability allowance will be made on receipt of the social welfare investigator’s report and the person will be notified directly of the outcome
312. Deputy James Bannon asked the Minister for Social Protection the position regarding an application for disability allowance in respect of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [41936/12]
View answerFollowing her successful medical appeal, weekly means (if any) will be determined and a final decision on her application will be issued in writing to the person concerned.
313. Deputy Thomas P. Broughan asked the Minister for Social Protection if she will consider legislation to impose rent control on residential properties in view of the fact that using limits on rent supplement is a blunt mechanism and impacts harshly on some families in need of housing; and if he will make a statement on the matter. [41940/12]
View answerThe State plays a major role in the private rental market through the rent supplement scheme. As the Department currently funds approximately 30% of the private rented sector it is essential that State support for rents are kept under review and reflect current market conditions. There are approximately 90,000 persons in receipt of rent supplement for which the Government has provided €436 million in 2012.
Revised maximum rent limits came into force on 1 January 2012 and are in place until June 2013. These limits were set after an analysis of the most up to date market data available. The emphasis of the rent limit review was to ensure that maximum value for money for tenants and the taxpayer was achieved whilst at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation.
All new rent supplement applications are subject to the revised limits and as existing claims came up for review or when an existing lease expires, are assessed using the new limits. Approximately 37,300 rent supplement claims have been awarded in 2012, representing over 41% of total claims in payment, indicating that accommodation can be secured within the existing rent limits. Department officials dealing with rent supplement tenants will continue to ensure that their accommodation needs are met; there will no incidence of homelessness due to these changes.
It is essential that rents are allowed to stabilise from a natural balance of supply and demand, rather than as a result of a rent control funded by the taxpayer. The Department will continue to monitor rent levels throughout the country but at this stage I have no plans to alter the current approach, in terms of introducing legislation to impose rent controls on residential properties.
314. Deputy Jim Daly asked the Minister for Social Protection the reason a weekly payment from a payment protection insurance policy to a person out of work due to ill health does not qualify for income disregard noting if the person was well enough to work and earned the exact same amount from employment it would qualify for income disregard; and if she will make a statement on the matter. [41946/12]
View answerThere are a number of means tested, social assistance scheme operated by my Department. For means test purposes, account is taken of the income, including any income from employment, and the assets of both the claimant and his or her spouse/partner. The manner in which income of various types is taken into account is designed to encourage people to take up work.
Where a claimant or his or her spouse or partner is in employment, a range of earnings disregards and tapering assessment arrangements apply to social assistance payments such as disability allowance, jobseeker’s allowance and one-parent family payment. For example, in the case of jobseeker’s allowance, farm assist and disability allowance a disregard of €20 per day is applied to the earnings for each day worked subject to a to a maximum of €60 per week and the balance is assessed at 60% where a person’s means are derived from their spouse / partner’s insurable employment. In the case of disability allowance, a disregard of €120 per week applies and earnings between €120 and €350 are assessed at 50%. The purpose of these disregards is to encourage people to enter or re-enter the workforce.
Other forms of income, e.g. income from an occupational pension are assessed in full. This includes income from income continuance/illness protection plans where the payment is made directly to the former worker.
