Written Answers Nos. 323-333
323. Deputy Peter Mathews asked the Minister for Social Protection when a decision on an appeal for invalidity pension will issue in respect of a person (details supplied)in Dublin 16; and if she will make a statement on the matter. [42701/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3 July 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 case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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.
324. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the reason a person (details supplied) in County Cavan has had their payments cut off; the way these payments can be reinstated; and if she will make a statement on the matter. [42716/12]
View answerThe person concerned applied for disability allowance on 6 February 2012 and her application was disallowed on 27 August 2012 as she was deemed, based upon the supporting information supplied, not to be habitually resident in the State. The person subsequently forwarded further documentary evidence in support of her application. The application is with a deciding officer who will review the person’s application in the light of this new information. The person in question will be notified directly in writing of the outcome.
326. Deputy Terence Flanagan asked the Minister for Social Protection if she will respond to the following query regarding free travel in respect of a person (details supplied) in Dublin 5; and if she will make a statement on the matter. [42743/12]
View answerThe free travel scheme is currently available to all people living in the State aged 66 years or over, to carers and to people who are in receipt of certain disability type payments. There are currently in excess of 740,000 customers eligible for free travel and when spousal and companion passes are taken into account, there are over 1.1 million customers with some free travel eligibility.
The cost of the free travel scheme has risen substantially over the last 10 years from €45.8 million for almost 608,000 customers in 2001 to over €75 million for 726,000 customers in 2011. My Department also provides some funding for the rural transport programme. In line with the Government decision, expenditure on this scheme has been frozen since 2010.
There are considerable challenges ahead to protect, as far as possible, the key income supports provided by my Department which impact in some way on the lives of almost every person in the State. As part of the deliberative process for the budget, my Department will analyse all schemes, and in so far as possible, the distributive and poverty impact of possible welfare changes. These impacts will be taken into account in arriving at the final decisions on the Budget to ensure that the scarce resources are targeted at those most in need.
To help ensure the future sustainability of the free travel scheme, a review is being carried out by officials from my Department, the Department of Transport, Tourism and Sport, the Department of Public Expenditure and Reform and the National Transport Authority. The review is in the early stages.
327. Deputy Denis Naughten asked the Minister for Social Protection the date on which she plans to introduce legislation in line with the paragraph 4.12 of the Report on Family Relationships by the Law Reform Commission regarding statutory declarations by mothers regarding the father of their child; and if she will make a statement on the matter. [42749/12]
View answerUnder current legislation, section 46 of the Status of Children Act 1987 provides for a legal presumption that a man in a subsisting marriage (or in a marriage that subsisted up to ten months before the birth of a child) is the father of all children of that marriage.
Under the provisions of section 22(3) of the Civil Registration Act 2004, a woman who is in a subsisting marriage can rebut the presumption of paternity by providing to the registrar of births either: a statutory declaration of the person or each person to whom the mother was married at some time during the period of 10 months prior to the birth that he is not the father of the child, or a statutory declaration of the mother that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity or a deed of separation, or a court order (such as a Guardianship Order or a Declaration of Parentage) which names another man as the father of the child.
Paragraph 4.12 of the Report on Family Relationships by the Law Reform Commission contains a recommendation that a statutory declaration, made by the mother of a child and accompanied by evidence, to the effect that she has had no contact with her husband within 10 months of the birth of her child, and that he is not the child’s father, should be sufficient to rebut the legal presumption that he is the father of all children of the marriage.
This and other proposals contained in the report that are relevant to the Civil Registration Service are currently under active consideration. I expect to be in a position to introduce legislation on this, and other aspects of civil registration, early in 2013.
328. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if her attention has been drawn to the fact that a person (details supplied) in Dublin 8 is unable to access any community welfare payments while awaiting their claim for jobseeker's allowance [42799/12]
View answerThe application for supplementary welfare allowance for the person concerned has been approved and is in payment with effect from 27 September 2012.
329. Deputy Terence Flanagan asked the Minister for Social Protection the position regarding social protection entitlements in respect of a person (details supplied); and if she will make a statement on the matter. [42843/12]
View answerThe person concerned is in receipt of the maximum personal rate of jobseeker's benefit. Depending on the extent of part-time work her husband does he may be entitled to claim in his own right for a part payment or she may be able to claim for him as a dependent in certain circumstances. They should contact their Social Welfare Local Office providing details of his part-time employment in order to establish whether or not they qualify for a social welfare payment. In relation to the rent payable it can also then be established whether or not the household circumstances meet the eligibility criteria for Rent Supplement.
330. Deputy Niall Collins asked the Minister for Social Protection the position regarding a domiciliary care allowance appeal in respect of a person (details supplied). [42845/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 February 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 the 17 September 2012 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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.
331. Deputy Noel Harrington asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [42849/12]
View answerAn application for carer’s allowance was received from the person concerned on the 3 October 2011. The medical assessment has been completed. The application is currently with a social welfare investigative officer for assessment of the level of care being provided and confirmation that all the conditions for receipt of carer’s allowance are satisfied. Once the investigative officer has completed and submitted the report a deciding officer will make 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.
332. Deputy Regina Doherty asked the Minister for Social Protection the number of applications that have been processed for a refund of the health levy for the years 2008, 2009, 2010 and 2011; and if she will make a statement on the matter. [42853/12]
View answerThe number of applications that have been processed for a refund of the health contribution for the years 2008, 2009, 2010 and 2011 are as follows: 2008, 5,472; 2009, 5,496; 2010, 6,870; and 2011, 5,1701. There are approximately 67,000 health contribution refund applications on hands awaiting processing. The Health Contribution was included in the Universal Social Charge (USC) with effect from 1 January 2011 and no Health Contribution refunds arise after that date.
333. Deputy Patrick Nulty asked the Minister for Social Protection if she will publish the findings of the advisory group on tax and social welfare commissioned by her Department. [42854/12]
View answerCreating jobs and tackling poverty are two of the key challenges that Ireland now faces. It is essential that our tax and social protection systems play their part in addressing these challenges. To this end, and in line with commitments contained in the programme for Government, I established an advisory group on tax and social welfare last year, with the aim of harnessing expert opinion and experience to examine a number of specific issues. These include making cost-effective proposals for improving employment incentives and achieving better poverty outcomes, particularly child poverty outcomes.
The group’s overall method of working is based on producing modular reports on the priority areas identified in the terms of reference. Where possible, the aim is to provide recommendations that can be acted upon in time for the annual budget, estimates and legislative cycle and to allow the Government to best address its commitments under the EU-IMF programme of financial support. Decisions in respect of publishing reports of the group will be made at the appropriate time. The group’s terms of reference provide for a range of issues to be considered.
The group commenced its work programme by prioritising the area of family and child income supports taking into account the considerable level of analysis that has already taken place in relation to family and child income supports. I am currently considering the report of the group’s examination of this issue and intended to publish this report in due course. The report is therefore not yet in the public domain.
