Written Answers Nos. 352 - 372
352. Deputy Mary Mitchell O'Connor asked the Minister for Social Protection the current waiting time for the assessment of invalidity pension applications; and if she will make a statement on the matter. [50963/12]
View answer353. Deputy Mary Mitchell O'Connor asked the Minister for Social Protection if her atention has been drawn to the fact that approximate waiting times for the processing of invalidity pensions are not available to applicants on request; and if she will make a statement on the matter. [50964/12]
View answerI propose to take Questions Nos. 352 and 353 together.
The processing times of individual invalidity pension claims may vary in accordance with their relative complexity in terms of the qualifying criteria. In addition, factors outside the Department’s control can have an impact, for example, insufficient information received from claimants at time of application and delays in claimants furnishing the information requested.
At present, approximately 220 new invalidity pension claims are received in the Department each week and these are examined within a short time after receipt. Where a medical assessment and/or further information are required, these are requested without delay.
Additional temporary staff was assigned to the invalidity pension area in an effort to deal with backlog which has been reducing steadily since June 2012. The number of invalidity pension claims awaiting action and decision at the end of May 2012 was 7007 – this has reduced to 4561 at the end of October 2012 and presently all of these claim have been actioned by my department and are awaiting further information from the customers or a Medical Assessment. It should also be noted that this number includes approximately 800 claims which are being assessed under EU and/or bi-lateral arrangements and that such claims are more complex and take longer to decide. Once all the necessary information is received, the claim will be processed promptly usually within two weeks
Any person making an enquiry concerning the progress of their claim is given the most up to date status of their claim and the next steps to be taken.
354. Deputy Alan Farrell asked the Minister for Social Protection the number of persons who have been identified as participating in full-time study while incorrectly claiming jobseeker's payments in 2011 and 2012; the number of these persons who continued to claim these benefits by proving that they have ceased their education in order to continue to receive their benefits; and if she will make a statement on the matter. [50998/12]
View answerUnder regulations introduced in 1991, third level institutions are obliged to supply the Department of Social Protection with details of students registered for full-time daytime education. The student details are then matched against the claim databases and any cases identified with open claims are referred to the relevant areas for investigation.
In 2011, data was received from 57 individual colleges, including all 3rd level colleges, Institutes of Technology and PLC course providers. Details are only obtained in respect of students attending full-time day courses. The 2011/12 student registration data match resulted in 5,191 jobseeker cases requiring further examination. It is important to note that in a lot of these cases the customer may be part of the Department’s Back to Education Programme or the Local Office may be aware that the customer is attending a course which does not affect his/her entitlement to a jobseekers payment. In fact, it should be noted that savings have only been recorded in less than 200 jobseeker cases to date.
Data is currently being received and collated for individuals registered as full-time students in the current academic year 2012/2013.
The Department does not keep records of the number of the persons who continue to claim benefits by proving that they have ceased their education, as requested by the Deputy. It should be noted that the Department’s Back to Education Programme is designed to encourage people getting certain social welfare payments to improve their skills and qualifications by taking an approved second or third level course at a recognised school or college and still continue to receive a payment.
355. Deputy Alan Farrell asked the Minister for Social Protection if there is a review process for persons that are initially refused social welfare payments based on the same information on which they win their appeal; and if she will make a statement on the matter. [50999/12]
View answerDecisions on statutory social welfare schemes are made by statutorily appointed Deciding Officers/Designated Persons. They determine entitlement to social insurance and social assistance payments and liability for Pay Related Social Insurance contributions in accordance with the Social Welfare Consolidation Act, 2005 (as amended) and regulations.
The rules of natural justice and fair procedures are applied by deciding officers when making decisions that could have an adverse effect on the person concerned. Deciding officers and others involved in the process will assist claimants as far as possible in making their applications but, as a matter of law, the burden of providing evidence to support a claim rests with claimants.
Disqualifications and disallowances are issued to the customer in writing and include an explanation of the reason/s for the decision. The disallowance/disqualification grounds, and reason/s for same, are outlined clearly and are sufficient to enable the appellant to lodge an appeal.
Persons are advised, in their decision letters, of their right to seek a departmental review of the initial decision and are advised as to how to lodge an appeal to the Social Welfare Appeals Office (SWAO).
Where a review is sought, the deciding officer re-examines the case and, taking account of any new facts or evidence, may revise his/ her decision.
In 2011, 42% of favourable decisions made following lodgement of appeal applications, were as a result of deciding officers revising their original decisions, which obviated the need for claimants to go through the full appeals process. These revised decisions arose as a result, in most cases, of new facts or fresh evidence produced by the claimant after the original decision on his/her claim. The figures illustrate that the review process is well understood and utilised.
Customers may provide new information/evidence at appeal stage, in particular during oral hearings, which may not have been available to the deciding officer at review stage, and could result in a revised decision by an appeals officer.
356. Deputy Robert Dowds asked the Minister for Social Protection if she will provide an update on the proposed transfer of some of the administration of rent supplement to county councils, and if she has given further consideration to the payment of rent supplement directly to the landlord as a default option. [51012/12]
View answer406. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will transfer administration of the rent supplement to local authorities under the Department of the Environment, Community, and Local Government; and if she will make a statement on the matter. [51468/12]
View answerI propose to take Questions Nos. 356 and 406 together.
The 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 89,000 rent supplement recipients for which the Government has provided €436 million in 2012.
Under the legislative provisions governing rent supplement, the Department’s relationship is with the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. There is no direct relationship between the landlord and the Department in the administration of the scheme.
However, rent supplement payments can, at the request of the tenant and with the agreement of the Department, be paid directly to the landlord. If the Department were to introduce a system whereby all rent supplement payments were to be made directly to landlords the efficiency of the scheme would be significantly affected. For example, the Department would potentially have to create a formal relationship with some 89,000 additional clients, the landlords. This would involve greater complexity and significant resources to deal with a new set of third parties. It would not be an effective use of resources to have departmental staff negotiating rental agreements for those with a short term need.
The Government has effectively two initiatives to deal with long term reliance on rent supplement. The Rental Accommodation Scheme (RAS) is in operation since 2004 and the new Housing Policy Initiative as announced by my colleagues the Minister for the Environment, Community and Local Government and the Minister for Housing & Planning on 16th June 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 my Department, currently provided through rent supplement, to housing authorities using a new Housing Assistance Payment (HAP). Among the main features of HAP is that landlords will be paid directly by the local authority.
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. 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.
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.
357. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an application for carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [51023/12]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 25th October 2012. On completion of all the necessary investigations a decision will be made and the person in question will be contacted directly with the outcome.
359. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in County Mayo; if she will expedite the matter; and if she will make a statement on the matter. [51035/12]
View answerI confirm that the Department received an application for carer’s allowance from the person in question on the 18th June 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.
360. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in County Mayo; if she will expedite same; and if she will make a statement on the matter. [51043/12]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 26th April 2012. A letter issued on the 20th November 2012 awarding the allowance.
363. Deputy Eric Byrne asked the Minister for Social Protection the position regarding social welfare payments in respect of a person (details supplied). [51051/12]
View answerThe person concerned made an application to this Department for partial capacity benefit. A Medical Assessor of this Department examined the applicant on 30th October 2012. The Medical Assessor found that, in their opinion, the person had only a mild restriction on their capacity for work and therefore did not qualify for partial capacity benefit.
The Medical Assessor also found that the person concerned was not incapable of work and therefore did not qualify on medical grounds for continued payment of illness benefit.
The person’s illness benefit claim was therefore disallowed from 6th November 2012.
The person has been advised of their right to appeal both of these decisions to the independent Social Welfare Appeals Office (SWAO). There has been no appeal of these decisions received by the SWAO to date.
364. Deputy Barry Cowen asked the Minister for Social Protection the position regarding an invalidity pension appeal in respect of a person (details supplied) in County Offaly. [51060/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th September 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 appeal in question 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.
365. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [51061/12]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 16th March 2012. A letter issued on the 12th November 2012 awarding the allowance.
366. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for mortgage interest supplement. [51063/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned referred to an Appeals Officer on 9th November 2012, 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.
367. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for domiciliary care allowance review. [51081/12]
View answerAn application for domiciliary care allowance (DCA) was received on the 23rd August 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 28th September 2012 refusing the allowance. The person concerned subsequently lodged an appeal against this decision.
As part of the appeal process, the case has been forwarded to another of the Department’s Medical Assessors for further consideration, including a review of any new information supplied. Upon receipt of the Medical Assessor’s opinion, the case will be further examined and will be forwarded for consideration by the Appeals Office, if necessary.
368. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for invalidity pension under review. [51083/12]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned.
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 additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her 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.
369. Deputy Pat Deering asked the Minister for Social Protection if she will provide a progress report on the review of the domiciliary care allowance application process. [51085/12]
View answerI understand that the review of the operation of the domiciliary care allowance scheme is progressing well in accordance with its terms of reference. The working group has met on four occasions and is working to have a report ready for submission to me by the end of the year.
370. Deputy Emmet Stagg asked the Minister for Social Protection the reason for the delay in determining an appeal in respect of a person (details supplied) in County Kildare. [51095/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 6th November 2012, 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.
371. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal has been received by her Department in the case of a person (details supplied) in County Kildare in respect of an application for invalidity pension; the progress made to date in the determination of this appeal; and if she will make a statement on the matter. [51125/12]
View answerThis department received a claim for invalidity pension for the person concerned on 9 March 2012. The medical evidence provided by the claimant in support of her claim was examined by a medical assessor who was of the opinion that the person concerned is not eligible for invalidity pension as she does not satisfy the medical criteria. The claim for invalidity pension was disallowed by a deciding officer. The applicant was notified of this decision and the reason for it on 21 June 2012.
The person concerned appealed the decision and submitted additional medical evidence in support of her application. This evidence has been forwarded to a different medical assessor for evaluation. If, following this review, the decision is unchanged all relevant papers will be prepared and forwarded to the Social Welfare Appeals Office for determination. If she is found medically suitable following review, a decision will be made by a deciding officer on her claim and she will be notified of same.
