Written Answers Nos. 323 - 346
324. Deputy Mary Lou McDonald asked the Minister for Social Protection the reason her Department refused rent allowance and withdrew social welfare supports to a person (details supplied) in County Kildare. [44541/12]
View answerThe person concerned has not been refused rent supplement. A request for further information to support his application for rent supplement was sent to him on 4th May 2012 and a second request for the same information was sent on the 2nd July 2012. The Department has not received the required information to date. A decision will be made on his application when the information has been provided.
The Department has not withdrawn other income supports – the person is currently in receipt of a basic payment from the Department paid up to October 17th.
325. Deputy Pat Breen asked the Minister for Social Protection the reason payment of rent supplement has ceased in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [44599/12]
View answerPayment of supplementary welfare allowance (rent supplement) was disallowed by a Designated Person of the Department as the person concerned failed to provide up to date information as requested on two occasions by the Department.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th 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 4th September 2012 and the case has been 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.
326. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a person (details supplied) in Dublin 17 is being disallowed disability payment. [44609/12]
View answerThe person concerned applied for disability allowance on 14 September 2011. The medical evidence supplied with the claim was referred to one of the department’s medical assessors who was of the opinion, based on the information supplied, that the person concerned was not medically suitable for disability allowance. In addition, the person concerned was assessed with means in excess of the statutory limit for receipt of disability allowance. A letter issued to the person concerned on the 17 May 2012 refusing the allowance.
The person concerned subsequently appealed this decision to the Social Welfare Appeals Office. As part of the appeals process, all the medical evidence in this case will be reviewed and if the decision remains unchanged the relevant papers will be sent to the Social Welfare Appeals Office for a determination.
In order for the person to be considered eligible for disability allowance, the appeal must be successful on both grounds of refusal i.e. medical eligibility and means in excess of the statutory limit. The person concerned will be notified in writing by the Social Welfare Appeals Office when a decision has been made on her appeal.
327. Deputy Kevin Humphreys asked the Minister for Social Protection the yield on an annual basis from 2007 to 2011 from PRSI on rental income; the expected yield in 2012; and if she will make a statement on the matter. [44620/12]
View answer328. Deputy Kevin Humphreys asked the Minister for Social Protection the projected yield of PRSI on an annual basis if it was to all rental income, from both self employed and PAYE workers; and if she will make a statement on the matter. [44622/12]
View answer329. Deputy Kevin Humphreys asked the Minister for Social Protection if she has considered extending PRSI on to all unearned investment income such as income from rental property, dividends, other investments and deposit interest for employees; if she will consider having it deducted at source where applicable such as from the issuing company or bank; the projected yield from such a widening of the PRSI base; and if she will make a statement on the matter. [44623/12]
View answer330. Deputy Kevin Humphreys asked the Minister for Social Protection the yield on an annual basis from 2007 to 2011 from PRSI on dividend income; the expected yield in 2012; the increased projected yield on an annual basis if it was extended to dividend income from both self employed and PAYE workers; if she will consider introducing a withholding of PRSI at source before disbursement of dividends; and if she will make a statement on the matter. [44624/12]
View answer331. Deputy Kevin Humphreys asked the Minister for Social Protection the yield on an annual basis from 2007 to 2011 from PRSI on deposit interest income; the expected yield in 2012; the increased projected yield on an annual basis if PRSI was extended to deposit interest income from both self employed and PAYE workers; if she will consider introducing a withholding of PRSI at source before disbursement of interest on such personal accounts as applies to DIRT; and if she will make a statement on the matter. [44625/12]
View answer332. Deputy Kevin Humphreys asked the Minister for Social Protection if she will confirm that if a person was self-employed with an investment income of €10 million per annum made up from sources that included rental income, dividends from publicly traded shares and interest from bank savings, that they would be liable to PRSI of 4% on that income, but if they were to then become employed at the minimum wage through the PAYE system whilst continuing to earn €10 million of investment income that they would no longer be liable for PRSI on that investment income; and if she will make a statement on the matter. [44626/12]
View answerI propose to take Questions Nos. 327 to 332, inclusive, together.
All workers pay PRSI on their earnings from employment. If an employee has earned income from self-employment, PRSI as a self-employed contributor is also payable on the profits from that self-employed activity as well as from any other unearned income the individual may have. Similarly a self-employed contributor (who is not an employee) pays PRSI on both earned and unearned income. However if an employee has unearned income only, there is no PRSI charge on the unearned income. Unearned income includes rental and investment income as well as income from dividends, deposits and savings and from overseas investments.
It is difficult to estimate the projected annual yield if PRSI was extended to all sources of unearned income including income from rental property, dividends, other investments and deposit interest for both self-employed and PAYE workers who currently may not be liable to pay PRSI on these streams of income. Based on 2009 data it is estimated that the additional yield could be in the region of €20m, of which a substantial part refers to rental income.
The Revenue Commissioners act as the Department of Social Protection’s agent in the collection of PRSI. Any proposal to deduct at source or withhold PRSI to be charged on streams of income which are currently exempt from PRSI would have to be discussed with the Commissioners to determine the viability of that mechanism of collection.
It is not possible to furnish the annual yield from 2007 to 2011 and the projected yield in 2012, in respect of various categories of unearned income including rental income, dividend income and deposit interest income, as this information is not disaggregated from Class S income generally.
One of my key goals in the Department is to reform the system of social protection to put it on a sounder financial footing in the future. One of the matters I am most concerned about is the deficit in the Social Insurance Fund. It is my intention to widen the PRSI income base to make certain types of unearned income, such as those outlined above, liable to PRSI. Any proposal to bring additional sources of income within the base on which PRSI is charged would have to be considered taking account of all of the implications, including the potential for providing access to additional social insurance entitlements.
335. Deputy Robert Troy asked the Minister for Social Protection when the Civil Registration Bill will be published and if it will be compulsory to include the father's name on the birth certificate as a result of this legislation. [44651/12]
View answerThe Law Reform Commission, in its report Legal Aspects of Family Relationships, makes recommendations relating to the conduct of family relationships, including compulsory joint registration of the birth of a child where the parents are not married to each other.
Any change of the current provisions requires careful consideration given the legal complexities involved.
This and other proposals contained in the report that are relevant to the Civil Registration Service are currently under active consideration and it is my intention to introduce legislation on this, and other aspects of civil registration, as early as possible in 2013.
337. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an application for rent supplement will be granted in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44655/12]
View answerThe person concerned has been awarded rent supplement and is in receipt of his full entitlement based on his household circumstances.
338. Deputy Mattie McGrath asked the Minister for Social Protection when a overpayment of PRSI contributions by a company (details supplied) in South Tipperary will be refunded; the reason for the delay in issuing such a refund; and if she will make a statement on the matter. [44662/12]
View answerThe determination of the employment status and therefore PRSI Class applicable to working directors has been the subject of challenge, court judgments and legal advices. As a result, the Department has been examining the matters that determine the insurability status of working directors, having regard to the recent judgments and advices. In the meantime, I regret that decisions are suspended.
This is a difficult and complicated aspect of PRSI insurability and it is vital that this matter be fully examined. It is not possible to say how the outcome will impact on individual cases.
339. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when fuel allowance will be granted in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44664/12]
View answerIn order to qualify for the national fuel scheme, applicants must satisfy a means assessment and be living alone or only with persons who satisfy specific criteria.
The person concerned is currently in receipt of invalidity pension. He applied for a fuel allowance on 20 September 2012 and was refused as his spouse is in receipt of illness benefit. Illness benefit is not regarded as a long term social welfare payment and consequently disqualifies the household for payment of the fuel allowance. The person in question was informed in writing of the decision by a deciding officer on 10 October 2012.
The spouse of the person concerned has appealed a decision to refuse her application for invalidity pension. If her appeal is successful, entitlement to a fuel allowance will be reassessed.
341. Deputy Robert Troy asked the Minister for Social Protection the timeframe for when rent supplements will be transferred from the Health Service Executive to the various local authorities. [44685/12]
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 rent supplement recipients for which the Government has provided €436 million for 2012.
The community welfare service and the community welfare officers administering supplementary welfare allowance, including rent supplement, formally transferred from the Health Service Executive to the Department with effect from 1 October 2011.
In March 2012, the Government approved in principle to transfer responsibility for the provision of rental assistance to persons with a long term housing need from the Department, currently provided through rent supplement, to housing authorities using a new Housing Assistance Payment (HAP). It is planned that pilot testing of HAP arrangements will commence during the second half of 2013 with general roll out and commencement of transfers from January 2014.
A multi-agency steering group has been established to develop proposals to give effect to this transfer. The group is chaired by the Department of the Environment, Community and Local Government and consists of representatives from the Departments of Social Protection; Public Expenditure and Reform; Office of the Revenue Commissioners; the County and City Managers Association, and the Housing Agency.
The new arrangements will achieve a key Government commitment of removing barriers to employment and at the same time returning rent supplement to its original purpose of a short-term income support.
342. Deputy Derek Nolan asked the Minister for Social Protection if the Labour Court recommendation that community employment scheme supervisors will be entitled to a pension at the age of 66 will be implemented; if not, the age at which CE supervisors will be entitled to a pension; and if she will make a statement on the matter. [44688/12]
View answerThe position in respect of this matter was set out in my reply to question numbers 99, 89 & 102 on 1st December 2011. The position regarding the making of pension provisions for CE supervisors and assistant supervisors remains unchanged.
344. Deputy Peter Mathews asked the Minister for Social Protection the reason a person (details supplied) in Dublin 16 was refused back to education allowance; and if she will make a statement on the matter. [44701/12]
View answerTo be eligible to receive back to education allowance a person must satisfy the qualifying criteria with regards to, inter alia, age and/or having been out of full time education for more than two years. With regard to this, the person concerned was refused back to education allowance on 6th September 2012 on the grounds that she was under 21 years of age at the time of commencement of the course, and had not been out of formal education for more than two years. The person concerned appealed this decision, and following a review, the decision was upheld.
345. Deputy John Perry asked the Minister for Social Protection when a decision will issue on an invalidity pension appeal in respect of a person (details supplied); and if she will make a statement on the matter. [44704/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 24th August 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. When received, 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.
346. Deputy John Perry asked the Minister for Social Protection when a decision will issue on a carer's allowance appeal in respect of a person (details supplied); and if she will make a statement on the matter. [44705/12]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 13th October 2011. This application was referred to one of the Department’s Medical Assessors who found that the caree in question was not medically eligible for carer’s allowance. A letter issued on the 20th April 2012 refusing the allowance. The person concerned appealed this decision to the Social Welfare Appeals Office and submitted further medical evidence in support of the appeal. This medical evidence was forwarded to the Department’s Medical Assessors for further consideration on the 17th July 2012. This medical evidence is awaiting medical assessment. If the opinion of the Medical Assessor is revised a decision will be made and the person in question will be contacted directly with the outcome. If the outcome remains unchanged a submission will be prepared and the file and papers will be forwarded to the Social Welfare Appeals Office for determination.
