Skip to main content
Normal View

Tuesday, 6 Nov 2012

Written Answers Nos. 553-573

Community Employment Schemes Funding

Questions (553)

Kevin Humphreys

Question:

553. Deputy Kevin Humphreys asked the Minister for Social Protection what specifically is meant in the report Community Employment Financial Review of Schemes when it recommends on page nine that the budget for training be held by community services in each region; will individual community employment schemes now not be awarded the training part of their budget; the reason for this recommendation; if it results in any savings; and if she will make a statement on the matter. [47965/12]

View answer

Written answers

The CE Financial Review recommended that the budget for training be held by Community Services in each region. The individual scheme allocation has been agreed with schemes by the Department of Social Protection. The budget for training on CE now stands at €5.5m; this is an increase of €1.2m on the original budget for 2012. This equates to a training grant of approximately €250 per place annually. This arrangement allows for a flexible response and enables local offices to re-allocate the training budget between schemes if required, once the Divisional Budget is not exceeded. Thus achieving improved utilisation of the training budget.

Each CE Scheme has received an indicative budget as agreed between the sponsor and the DSP Officer. Schemes can utilise the CE Advance Payment to offset training fees which are required to be paid in advance. This will be reimbursed to the scheme on receipt and approval of invoices. The training allocation for each CE participant is approved by the DSP Officer based on the CE Individual Learner Plan submitted by the CE Supervisor.

In allocating the budget to Schemes, the Department of Social Protection has taken into account if training can be accessed at no cost from FÁS or the VECs. In addition access to the Springboard Programme which provides access to 3rd level courses without incurring fees is now available to CE participants, once a participant satisfies the entry criteria.

For many CE participants, CE is the main avenue to gaining qualifications and making up for lost learning opportunities in the past. This is recognised in the current arrangements.

Social Welfare Offices

Questions (554)

Micheál Martin

Question:

554. Deputy Micheál Martin asked the Minister for Social Protection if he will explain the delay in providing a social welfare office in Lucan, County Dublin; and if she will make a statement on the matter. [47984/12]

View answer

Written answers

The Office of Public Works (OPW) has responsibility for the acquisition and maintenance of office accommodation for the Department of Social Protection. The provision of a new local office to serve the Lucan area is being considered by the Office of Public Works acting on behalf of the Department.

In the meantime, Jobseeker claims for people living in the Lucan area are administered by the Social Welfare Local Office in Clondalkin. Signing-on for the majority of jobseekers occurs once in any 4-week period. However, to avoid the necessity for people in Lucan to travel to Clondalkin, they may sign-on at a signing centre in Lucan Village which is open 5 days per month.

These arrangements are being kept under review and if necessary will be amended to ensure that a reasonable level of service is provided to the people of Lucan.

Child Maintenance Payments

Questions (555)

Róisín Shortall

Question:

555. Deputy Róisín Shortall asked the Minister for Social Protection if she will agree to attachment of earnings applications so that lone parents can ensure receipt of child maintenance payments from the other parents where this other parent's main source of income comes from her Department; and if she will make a statement on the matter. [47995/12]

View answer

Written answers

The issue of maintenance payments is first and foremost a private matter for the persons concerned, and if they cannot resolve the problem, for the courts through family law provisions. The Liability to Maintain Family provisions contained in the Social Welfare Consolidation Act 2005 are completely separate to family law legislation. Any applications to the courts under family law for a maintenance order or attachment of earnings against the other parent are made through the courts service and are not the responsibility of the Department.

The Department is responsible for implementing the Liability to Maintain Family Provisions provided for in Part 12 of the Social Welfare Consolidation Act 2005, as amended. The methods of assessment of the liable relative’s ability to pay are specified in detail in Regulations (S.I. 571 of 2006 and S.I. 142 of 2007).

In every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether he or she is in a financial position to contribute towards the cost of the one-parent family payment. When assessed in line with the current regulations, persons in receipt of a social welfare payment from my Department are determined to have a nil contribution due.

Domiciliary Care Allowance Appeals

Questions (556)

John McGuinness

Question:

556. Deputy John McGuinness asked the Minister for Social Protection if an appeal for a domiciliary care allowance will be expedited in respect of a person (details supplied) in County Kilkenny [48004/12]

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 19th 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 26th 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. 557 answered with Question No. 436.

Carer's Allowance Appeals

Questions (558)

James Bannon

Question:

558. Deputy James Bannon asked the Minister for Social Protection if she will consider an appeal for half carer's allowance in respect of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [48080/12]

View answer

Written answers

This application was originally refused on medical grounds on 7th December 2011. The decision was then appealed and, following consideration of all the available evidence, an appeals officer has made a determination in this case to disallow the appeal. Accordingly, the decision to refuse carer’s allowance stands. A letter issued from the Social Welfare Appeals Office to the person in question on 17th September 2012 with all the relevant details.

Back to Education Allowance Eligibility

Questions (559, 560)

Michael Creed

Question:

559. Deputy Michael Creed asked the Minister for Social Protection the circumstances and number of occasions where her Department has waived the criteria for progression under the back to education allowance; and if she will make a statement on the matter. [48109/12]

View answer

Michael Creed

Question:

560. Deputy Michael Creed asked the Minister for Social Protection if she will review the operation of the back to education allowance scheme and specifically the narrow interpretation of the requirement that the course being pursued must represent progression on qualifications already held; if she accepts that for example in two cases (details supplied) this excessively narrow definition is a de facto consignment of the applicants to the live register as in reality one is trying to reposition themselves in the employment market where their current qualification in the construction industry offers no employment prospects and the other is attempting to enhance their core qualification with computer skills to increase employment prospects; if she will consider assigning a role to the employment services within her Department to determining on a case by case basis if applicants and the courses they are pursuing offer a reasonable prospect of employment and a pathway back to work; if she will instruct her Department officials dealing with these applications to move away from the excessively narrow and restrictive interpretation of progression; and if she will make a statement on the matter. [48110/12]

View answer

Written answers

I propose to take Questions Nos. 559 and 560 together.

The back to education allowance (BTEA) is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling those in receipt of 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 the back to education allowance 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. The scheme covers a wide range of full-time courses of education in approved colleges spanning basic foundation courses to third level courses across all disciplines.

BTEA guidelines are, in the main, mirror those in place for similar student supports administered by the Department of Education and Skills and require student progression from one qualification level to a higher one. It is my intention to retain the requirements in respect of progression in education as a feature of the BTEA in line with the necessity that State support for education purposes is grounded on a student progressing from one qualification level to a higher one. This is necessary to ensure displacement does not occur and best use is made of the resources available.

It is important to note that the BTEA scheme is not intended to be an alternative form of funding for those wishing to enter or re-enter the education system. It is not possible, within the scope of the scheme, to authorise an application for payment where the basic qualifying conditions have not been satisfied and progression is not evident. Under the scheme guidelines deciding officers must adhere to the progression rule in making BTEA claim decisions.

The progression requirements outlined above do not apply in cases of a person wishing to pursue a part time education course which they may do while still obtaining their jobseekers payment. They must apply at their local social welfare office and verify that participation on the course does not reduce their availability for work. In the case of jobseekers benefit, participation on a course does not grant any extension to the normal period for which jobseekers benefit is paid.

My Department is currently reviewing a wide range of activation supports that are available, including BTEA, and it is my intention to canvass the views of stakeholders as part of the implementation process resulting from the review.

Child Benefit Payments

Questions (561)

Seán Kyne

Question:

561. Deputy Seán Kyne asked the Minister for Social Protection the total expenditure on the child benefit scheme in each of the past ten years, from 2002 to date in 2012. [48120/12]

View answer

Written answers

The total expenditure on the child benefit scheme for each year from 2002 to 30 September, 2012 is set out in the table below.

The figure provided for 2012 is provisional and subject to audit by the office of the Comptroller and Auditor General.

Child Benefit Scheme

Year

Expenditure (€000)

2002

1,462,793

2003

1,666,530

2004

1,765,117

2005

1,899,936

2006

2,056,295

2007

2,232,974

2008

2,453,957

2009

2,495,304

2010

2,213,429

2011

2,076,338

up to 30/9/2012

1,524,715

Child Benefit Payments

Questions (562)

Seán Kyne

Question:

562. Deputy Seán Kyne asked the Minister for Social Protection when the child benefit scheme was first introduced and; the purpose and objectives of the scheme. [48123/12]

View answer

Written answers

Child benefit is a universal payment paid in respect of all qualified children. The payment came into existence in 1986 and replaced the children’s allowance payment, which was first introduced in 1944. The estimated expenditure on child benefit for 2012 is around €2 billion in respect of some 1.15 million children.

A number of objectives have been attributed to the child benefit scheme and its precursor over the years. These objectives were reviewed as part of a policy and value for money review completed by the Department of Social Protection in November 2010. The review identified the primary objectives of child benefit as providing assistance to parents and others in meeting the cost associated with raising children and in contributing towards alleviating child poverty. The review also noted that the evolution of policy since the schemes introduction has also seen a number of secondary objectives emerge over time with varying significance, including the reduction of financial disincentives for parents to take up work; financial assistance with specific costs such as the cost of paid childcare; and the provision of an independent income source for women in the home. The review considered that the universal nature of child benefit allows it to fulfil a number of different roles and accommodate multiple objectives.

Carer's Allowance Applications

Questions (563)

Billy Timmins

Question:

563. Deputy Billy Timmins asked the Minister for Social Protection the position regarding carer's allowance in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [48143/12]

View answer

Written answers

Unfortunately, insufficient information has been provided to enable the Department to identify the person who is the subject of this enquiry, despite a thorough search. If you provide me with the PPS number for the person in question I will be happy to update you on the position with the application.

Carer's Benefit Appeals

Questions (564)

John O'Mahony

Question:

564. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will recieve a decision on an appeal for carer's allowance; and if she will make a statement on the matter. [48149/12]

View answer

Written answers

This application, in respect of two care recipients, was disallowed on 10th October 2012. One caree was disallowed on medical grounds. The other caree was disallowed as domiciliary care allowance has not been awarded for that person. It is a statutory condition for the receipt of carer’s allowance that care recipients under the age of 16 years must be in receipt of domiciliary care allowance.

It is open to the person to submit additional information for consideration and apply for a review of the decision. Alternatively, the person may appeal the decision to the Social Welfare Appeals Office. The letter which issued to the person in question notifying them of the decision on their application includes details of these options and how to avail of them.

Carer's Allowance Applications

Questions (565)

John McGuinness

Question:

565. Deputy John McGuinness asked the Minister for Social Protection if an application for carer's allowance will be expedited in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [48150/12]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 5th April 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Supplementary Welfare Allowance Eligibility

Questions (566)

Sandra McLellan

Question:

566. Deputy Sandra McLellan asked the Minister for Social Protection if a person (details supplied) in County Waterford on bail and with no means, awaiting a court trial is entitled to any benefit from her department; and if she will make a statement on the matter. [48171/12]

View answer

Written answers

The Social Welfare Appeals Office has advised me that a Supplementary Welfare Allowance appeal by the person concerned was registered in that office on 1s October 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 9th October 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.

Social Welfare Payments Waiting Times

Questions (567)

Caoimhghín Ó Caoláin

Question:

567. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the number of Irish nationals that have been refused a social welfare payment on habitual residence condition grounds in 2009, 2010, 2011 and to date in 2012; and if she will make a statement on the matter. [48174/12]

View answer

Written answers

The numbers of applications by Irish nationals who have been disallowed welfare payments based on the failure to satisfy the habitual residence condition in 2009, 2010, 2011 and to date in 2012 are set out in the tabular statement.

2009

2010

2011*

2012

To date

Total

738

650

455

264

2,107

*Note: Some cases were not recorded in 2011, due to industrial action.

Carer's Allowance Applications

Questions (568)

Sandra McLellan

Question:

568. Deputy Sandra McLellan asked the Minister for Social Protection when arrears for carer's allowance will issue in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [48188/12]

View answer

Written answers

This carer’s allowance application was awarded on 19th September 2012. A letter outlining all details of payment issued to the person in question on that date also. Any arrears due will issue shortly.

Question No. 569 withdrawn.

Invalidity Pension Appeals

Questions (570)

Finian McGrath

Question:

570. Deputy Finian McGrath asked the Minister for Social Protection the position regarding an appeal for invalidity pension in respect of a person (details supplied) in Dublin 17. [48192/12]

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 16th October 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 appeal in question will be referred in 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 Applications

Questions (571)

Brian Walsh

Question:

571. Deputy Brian Walsh asked the Minister for Social Protection when an assessment will be carried out on a carer’s allowance application in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [48206/12]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 14th February 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Domiciliary Care Allowance Applications

Questions (572)

Dan Neville

Question:

572. Deputy Dan Neville asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Limerick. [48209/12]

View answer

Written answers

An application for domiciliary care allowance (DCA) was received on the 20th March 2012. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for DCA. A letter issued on the 2nd May 2012 refusing the allowance. The person concerned subsequently lodged an appeal against this decision.

As part of the appeal process, the case was forwarded to another of the Department’s Medical Assessors for further consideration, including a review of any new information supplied. The Medical Assessor upheld the opinion that the child was not medically eligible for DCA. The case will now be forwarded for consideration by the Appeals Office.

Gender Recognition Issues

Questions (573)

Anne Ferris

Question:

573. Deputy Anne Ferris asked the Minister for Social Protection when she expects the heads of bill to be published on the gender recognition legislation; and if she will make a statement on the matter. [48218/12]

View answer

Written answers

The Gender Recognition Advisory Group (GRAG) was established in 2010 to advise the Government on the legislation required to give legal recognition to the acquired gender of transgender persons. The Report of the Group, which recommends a scheme for the legal recognition of transgender persons, was approved by the Government on 12 July 2011, and was subsequently published on 14 July, 2011.

Since the publication of the Report, the Department has been working on developing draft Heads of a Gender Recognition Bill. In this context, it has engaged in discussions with the relevant medical health professionals and with representatives from interested NGOs. Given the legal complexities involved in relation to some of the GRAG recommendations relating to the marital and civil partnership status of individuals, in March, my Department sought advice from the Office of the Attorney General, which in turn sought the legal opinion of external counsel on these issues.

Preliminary discussions have taken place between my Department, the Office of the Attorney General and the Department of Justice and Equality in relation to the legal opinion of external counsel. The Office of the Attorney General is in the process of considering the various approaches suggested by counsel. Once my Department receives the formal legal advice from the Office of the Attorney General, this will inform the drafting of the Heads of Bill. Given the sensitive and complex nature of the issues involved, it is my intention to ask the Oireachtas Committee on Education and Social Protection to discuss the provisional draft Heads of Bill once they are completed.

It is therefore not possible to be definitive at this stage about when I will be in a position to introduce legislation to give legal recognition to the acquired gender of transgender persons. When my Department has received the formal opinion of the Attorney General’s Office and when the Oireachtas Committee has discussed the provisional draft Heads of Bill I will be in a better position to give a timeframe for the introduction of the legislation.

Top
Share