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Tuesday, 23 Oct 2012

Written Answers Nos. 307-328

Jobseeker's Allowance Appeals

Questions (307)

Seán Fleming

Question:

307. Deputy Sean Fleming asked the Minister for Social Protection when jobseeker's allowance will be granted in respect of a a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45646/12]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14th September 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 20th September 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.

Question No. 308 answered with Question No. 305.

Carer's Allowance Appeals

Questions (309)

Seán Kenny

Question:

309. Deputy Seán Kenny asked the Minister for Social Protection when a decision will issue on an appeal against the disallowance by a carer's allowance application in respect of a person (details supplied) in Dublin 9. [45684/12]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 31st 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. 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.

Carer's Allowance Delays

Questions (310)

Jerry Buttimer

Question:

310. Deputy Jerry Buttimer asked the Minister for Social Protection the reasons for the delays in processing applications for carer's allowance; the measures that are being implemented to reduce the time taken to process applications; and if she will make a statement on the matter. [45708/12]

View answer

Written answers

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 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 is being closely monitored and managed to ensure it achieves its objectives. A noted improvement was achieved in September where claims processed substantially exceeded claim intake. 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.

Carer's Allowance Applications

Questions (311)

Jim Daly

Question:

311. Deputy Jim Daly asked the Minister for Social Protection the position regarding a carer's allowance application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [45713/12]

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Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 16th February 2012. A decision on the application has been made and a letter issued on 22 October 2012 directly to the person concerned with notification of the outcome.

Social Welfare Code

Questions (312)

Pearse Doherty

Question:

312. Deputy Pearse Doherty asked the Minister for Social Protection if she will list what she considers to be core social welfare payments; if she will detail in tabular form the current rates for these core payments; and if she will make a statement on the matter. [45714/12]

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Written answers

When I used the term “core social welfare payments” recently, I was referring to those primary weekly payments that are intended to enable recipients to meet their basic day-to-day income needs. Such payments and the relevant weekly maximum rates of payment are outlined in the table below. The Department pays out a range of other payments on a weekly, monthly or less frequent basis. As these are paid, where appropriate, in addition to the income support payments detailed in the table, they are considered non-primary in nature.

Table: 2012 Weekly payment rates

Scheme

Weekly Rate

Pensioner Weekly Rates of Payment

Carer’s Allowance

239.00

Death Benefit Pension

234.70

State Pension (Contributory)/State Pension (Transition)/Invalidity Pension/Widow(er's), Surviving Civil Partner (Contributory) Pension/Deserted Wife's Benefit

230.30

State Pension (Non Contributory)

219.00

Incapacity Supplement

204.30

Working Age Weekly Rates of Payment

Death Benefit Pension

218.50

Maternity and Adoptive Benefit – Minimum Rate

217.80

Carer's Benefit /Constant Attendance Allowance

205.00

Carer’s Allowance

204.00

Invalidity Pension/Widow/er's/Surviving Civil Partner (Contributory) Pension/Deserted Wife's Benefit

193.50

Jobseeker's Benefit/Illness Benefit/Incapacity Supplement/

Health and Safety Benefit/Injury Benefit/Jobseeker's Allowance/

Pre-Retirement Allowance/Back To Education Allowance/

Back To Work Allowance/Widow(er's), Surviving Civil Partner (Non Contributory) Pension/Deserted Wife's Allowance/Disability Allowance/Blind Pension/Farm Assist/

One Parent Family Payment

188.00

Supplementary Welfare Allowance

186.00

Guardian’s Payment (Contributory and Non Contributory)

161.00

Carer's Allowance Applications

Questions (313)

Dara Calleary

Question:

313. Deputy Dara Calleary asked the Minister for Social Protection when a decision will be made on a carer's allowance application in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [45727/12]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on 8 March 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Employment Support Services

Questions (314, 315)

Dominic Hannigan

Question:

314. Deputy Dominic Hannigan asked the Minister for Social Protection when she expect the new INTREO service to open in Finglas, Dublin; the areas in Dublin and Meath it will serve; and if she will make a statement on the matter. [45728/12]

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Dominic Hannigan

Question:

315. Deputy Dominic Hannigan asked the Minister for Social Protection when she expect INTREO services to be open for areas in Meath not covered by the Finglas office, Dublin; and if she will make a statement on the matter. [45729/12]

View answer

Written answers

I propose to take Questions Nos. 314 and 315 together.

Preparations in relation to the provision of the Intreo service in Finglas are underway and aspects of the service will be introduced over a period of weeks with full implementation by the end of December, 2012. In relation to other areas of County Meath, it is expected that integrated services will be developed in the county during 2013, with an initial focus on the Navan area.

Carer's Allowance Applications

Questions (316)

Brendan Griffin

Question:

316. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a carer's allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [45734/12]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 20th April 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Question No. 317 answered with Question No. 305.

Social Welfare Appeals Status

Questions (318)

Bernard Durkan

Question:

318. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 257 of 2 October 2012, if in the circumstances, arrangements will be made to hold an oral hearing in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45748/12]

View answer

Written answers

Further to my response to Parliamentary Questions 38093/12 of 18th September 2012 and 41229/12 of 2 October 2012, I am advised by the Social Welfare Appeals Office that there is no update to the information given previously. 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.

Carer's Allowance Applications

Questions (319)

Jim Daly

Question:

319. Deputy Jim Daly asked the Minister for Social Protection the position regarding a carer's application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [45750/12]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 8th November 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 August 2012 refusing the allowance. The person in question subsequently submitted further medical evidence for review on 21st September 2012 This medical evidence is awaiting medical assessment by a medical assessor. On completion of all the necessary investigations as part of this review, a decision will be made and the person in question will be contacted directly with the outcome.

Carer's Allowance Appeals

Questions (320)

Brian Walsh

Question:

320. Deputy Brian Walsh asked the Minister for Social Protection when an assessment will be carried out on a carer’s allowance appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [45751/12]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 17th 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. 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.

Illness Benefit Appeals

Questions (321)

Bernard Durkan

Question:

321. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the decision to refuse illness benefit on appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45769/12]

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Written answers

I 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. 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.

In light of additional evidence submitted 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.

Back to Education Allowance Appeals

Questions (322)

Bernard Durkan

Question:

322. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will reconsider a back to education allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45776/12]

View answer

Written answers

An application form, from the customer concerned, was received by the Back to School Clothing and Footwear Allowance section on the 27th of June 2012. The application was processed on the 18th of July 2012 and was disallowed as the person’s means exceed the income limit for their family size. The customer concerned requested a review of this decision. Their review was completed on the 14th of August and the original decision was upheld. As no further evidence has been provided this decision stands and the claim is now closed.

Question No. 323 answered with Question No. 305.
Question No. 324 answered with Question No. 301.

Appointments to State Boards

Questions (325, 326)

Gerry Adams

Question:

325. Deputy Gerry Adams asked the Minister for Social Protection if she will provide in tabular form all appointments to State boards under her ambit since the Government took office; when the person was appointed; if the position entitles the holder to remuneration and if so the amount in each case; if the appointment was made in accordance with new procedures whereby Departments has to invite expressions of interest from the public in vacancies on the boards under their aegis. [45810/12]

View answer

Gerry Adams

Question:

326. Deputy Gerry Adams asked the Minister for Social Protection the number of chairs of State boards that have been appointed since the Government came into office; if there is a remuneration for the position and if so the amount of same; if the appointee was required to go before Oireachtas Committees to discuss what they have to offer to the particular Board or Committee to which they are being appointed. [45826/12]

View answer

Written answers

I propose to take Questions Nos. 325 and 326 together.

There are three statutory bodies operating under the aegis of the Department of Social Protection. These are the Social Welfare Tribunal, the Citizens Information Board, the Pensions Board, and the Office of the Pensions Ombudsman.

Social Welfare Tribunal

The Social Welfare Tribunal consists of a Chairperson and four ordinary members, two of whom are appointed on the nomination of Irish Congress of Trade Unions (ICTU) and two on the nomination of Irish Business and Employers’ Confederation (IBEC). These appointments are for an initial period of a year with provision for renewal. One vacancy arose and was filled in the period in question and is now subject to renewal. That vacant position was not subject to new procedures as the positions of the four ordinary members are subject to nomination by ICTU and IBEC. Members do not receive an annual salary, instead they are paid fees for attending hearings or meetings and they may also qualify for Travel & Substance expenses if required. The details sought by the Deputy are as follows:

Member

Date of Appointment

Date of Expiry

Associated Fees

Appointments made in accordance with new procedures

Ms. Chris Rowland

24/10/2011

04/10/2012, subject to renewal

€136.71 per sitting day

€68.36 per meeting

Not publically advertised

The Citizens Information Board

I have made two appointments to the Citizens Information Board since coming into office. Mr. Eugene McErlean was appointed following a public request for expressions of interest from suitably qualified and experienced individuals which were advertised on the Department of Social Protection website in July 2011. The details sought by the Deputy are as follows:

Member

Date of Appointment

Date of Expiry

Associated Fees

Appointments made in accordance with new procedures

Mr. Eugene McErlean

07/09/2011

26/04/2014

€5,985 per annum

Yes

Ms. Fiona Ward

01/11/2011

31/08/2017

Nil – Ms. Ward is the Department of Social Protection representative on the Board

Not publically advertised

Pensions Board

I have made no appointments to the Pensions Board since coming into office. There are currently two vacancies on the Pensions Board. No decision has been made on advertising these vacancies, pending the completion of the Critical Review of the amalgamation of the regulatory function of the Pensions Board with the Financial Regulator, under the Public Service Reform programme.

The Chairpersons of these Boards were all in place before I came into office in March 2011 and therefore, the matter of newly appointed chairpersons appearing before the relevant Oireachtas Committee has not arisen in the case of bodies operating under the aegis of the Department of Social Protection.

Mortgage Interest Supplement Eligibility

Questions (327)

Aengus Ó Snodaigh

Question:

327. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if he will outline the rules and regulations associated with the mortgage interest supplement and in particular the way the reasonable housing costs figure is reached and the other factors that are taken into account when determining if an applicant is granted the payment or not. [45830/12]

View answer

Written answers

Mortgage interest supplement (MIS) provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. There are currently approximately 16,000 mortgage interest supplement recipients for which the Government has provided €51 million for in 2012.

The amount of MIS payable is the difference between the actual mortgage interest and the customer’s contribution to mortgage interest, provided that the difference between the two is a reasonable amount to meet the customer’s residential needs. Under the rules governing mortgage interest supplement, it is a condition of entitlement that the amount of the mortgage interest payable by the claimant does not exceed what the Department’s representative considers reasonable to meet his or her residential needs.

Departmental guidelines state that in determining what is considered reasonable to meet a customer’s residential needs regard should be made to the appropriate maximum rent limits applicable to the family composition and location of the residence. Under the rules governing entitlement to the scheme a person may be entitled to a supplement towards the amount of mortgage interest payable in respect of his or her residence provided that:

- the supplementary welfare allowance means test is satisfied

- the applicant has at the time of application engaged with their mortgage lender in order to meet their mortgage repayment obligations, and has entered into and complied with an alternative repayment arrangement for a period of not less than 12 months

- the loan agreement was entered into at a time when, in the opinion of the Department’s representative, the person was in a position to meet the repayments

- the residence in respect of which the loan is payable, is not offered for sale

- only the portion of the loan that relates to the essential purchase, repair or maintenance of the property is taken into account

- the applicant is habitually resident in the State

- the amount of the mortgage interest payable by the claimant does not exceed such amount as the Department’s representative considers reasonable to meet his or her residential and other needs

- it is reasonable to award a supplement having regard to the amount of any arrears outstanding on the loan. In exceptional circumstances, the Department’s representative may award a supplement where the amount of mortgage interest payable by a person exceeds such amount as the Department’s representative considers reasonable to meet his or her residential and other needs. Such supplement is payable for a maximum of 12 months from the date of the claim.

- the applicant or their spouse/civil partner/cohabitant is not engaged in full time employment, defined as more than 29 hours a week (subject to exceptions)

- the applicant is not; involved in a trade dispute/engaged in full time education (subject to exceptions)/unlawfully in the State/admitted to an institution for a period of in excess of 13 weeks

- the applicant has not made; an application for asylum under the Refugee Act, 1996 and such application is awaiting final decision by the Minister for Justice and Equality or an application under the Aliens Act, 1935 to remain in the State and such application has not been determined

Full details on the scheme are available on the Department’s website at www.welfare.ie.

Social Welfare Code

Questions (328)

Paul Connaughton

Question:

328. Deputy Paul J. Connaughton asked the Minister for Social Protection the way she plans to address the anomaly whereby self-employed persons who find themselves unemployed, having paid large sums in taxes and paid into social insurance funds, are better protected as the economic crash of recent years has shown up huge inadequacies in the current system and caused much difficulties for families of self-employed persons who find themselves with little or no income and large outgoings; and if she will make a statement on the matter. [45832/12]

View answer

Written answers

Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). Ordinary employees who have access to the full range of social insurance benefits pay Class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. (For employees earning less than €356 per week, the rate of employer’s PRSI is 4.25%).

Last year I established the Advisory Group on Tax and Social Welfare to meet the commitment made in the Programme for Government. The Advisory Group will, inter alia, examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable.

The Advisory 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. The Group has been considering the issue of social insurance coverage for the self-employed and will submit its report once its examination of the various questions has been completed.

The third Actuarial Review of the Social Insurance Fund, as at 31 December 2010, was completed by consultants KPMG in June 2012 and laid before each House of the Oireachtas on 24 August 2012. The Review covers a 55 year period from 2011–2066 and builds on the findings of the 2000 and 2005 Actuarial Reviews of the Fund.

One of the issues examined in the 2010 Review was the long-term cost implications to the Social Insurance Fund (SIF) and the break-even contributions rates required to provide invalidity pensions to the self-employed and to provide jobseeker’s benefit for self-employed workers. The report found that the effective annual rate of contribution, or the required contribution as a percentage of salary, needed to provide the core full-rate State pension (contributory), which is the benefit currently available to self-employed contributors, is approximately 15%. This compares favourably with the 4% rate currently paid by the self-employed. An incremental increase in contribution rates from approximately 15% to 16% would be required if jobseeker’s benefit in addition to core State pension (contributory) is provided. The average contribution rate required for the core State pension (contributory) plus jobseeker’s benefit and the invalidity pension is estimated to be in the region of 17.3%.

Any proposals to ensure that the self-employed are better protected by extending social insurance entitlements will have to be considered in a budgetary context, taking account of the finding of the Actuarial Review that the self-employed achieve very good value for money compared with the employed – when the comparison includes both employer and employee contributions in respect of the employed person.

Self-employed workers may establish eligibility to assistance-based payments such as jobseeker’s allowance and disability allowance. In the case of jobseeker’s allowance they can apply for the means-tested jobseeker’s allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general, their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year and, in the current climate, account is taken of the downward trend in the economy. As in the case of a non-self-employed claimant for jobseeker’s allowance or disability allowance, the means of husband/wife, civil partner or co-habitant will be taken into account in deciding on entitlement to a payment.

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