Tuesday, 27 Nov 2012

Written Answers Nos. 407-430

Departmental Staff Remuneration

Questions (407)

Willie O'Dea

Question:

407. Deputy Willie O'Dea asked the Minister for Social Protection if her attention has been drawn to the fact that two members of staff who are redeployed from FAS to her Department and are carrying out all of the higher grade duties whilst on secondment to LES Limerick on a continuous basis for 16 years, have not received the acting up allowance currently €16,135 since January 2012; that they have been informed that this allowance will not be paid until they sign their transfer contracts; however this allowance is not reckonable for superannuation purposes even though they now pay full pension contributions due on their full salary for the past 16 years; her plans to regularise this situation and if not, what recourse the employees have to ensure regularisation of their situation whilst retaining their rights as civil servants; and if she will make a statement on the matter. [52795/12]

Written answers

Minister for Social Protection

As the matter referred to by the Deputy is the subject of discussion between the individuals’ union representative and my Department it would not be appropriate to make a statement on the matter.

Family Income Supplement Application Numbers

Questions (408)

Michael Lowry

Question:

408. Deputy Michael Lowry asked the Minister for Social Protection the number of family income supplement applicants and renewals submitted from persons in Co. Tipperary since June 2012; the number of these applications still awaiting a decision; the average turnover time for such applications; the steps being taken to tackle these cases; and if she will make a statement on the matter. [52799/12]

Written answers

Minister for Social Protection

The Department is committed to providing a quality service to all its customers. FIS claims, both new and renewal, received on or after the 5th November 2012 are currently being processed on receipt. There are 284 new family income supplement (FIS) applications and 340 renewal applications from the County of Tipperary pending decision since before 5th November. An in-depth business process improvement (BPI) project has recently been completed for the FIS scheme. This project focused on optimising output, improving customer service and the elimination of backlogs. Part of the project was a detailed examination of workloads and a full assessment of existing capacity within the area and what capacity is needed in order to process the volumes of claims, both new and renewal, being received on a weekly basis. The outcome of this review is a detailed plan outlining the process required to manage both the continuous weekly intake and backlog claims clearance. This plan sees the current weekly new claim and renewal intake processed by one team, while the backlog is ring-fenced and a focused team assigned to this work with a clear plan for its elimination.

The team, including additional temporary resources has been identified and is already assigned and working on the backlog claims. In order to reduce the time it will take to eliminate the backlog, some claims are being processed outside of Longford Social Welfare Services Office. This team is fully focussed on the elimination of the backlog of claims in the shortest possible timeframe, concentrating in the first instance on those claims which were previously in payment but where payment has expired and continuing on to first-time new claims. Within those categories, those waiting the longest will be processed first. It is expected that the backlog will be fully eliminated by the end of March 2013. Claims which are approved by the backlog team will be backdated to the date of claim or the date of expiry of the previous claim, as appropriate, and all arrears due will be paid.

Questions Nos. 409 and 410 withdrawn.

Redundancy Payments

Questions (411)

Noel Coonan

Question:

411. Deputy Noel Coonan asked the Minister for Social Protection when enhanced redundancy packages will be finalised in respect of persons (details supplied) in County Tipperary; and if she will make a statement on the matter. [52811/12]

Written answers

Minister for Social Protection

As previously advised, on the 7th December 2011 the issue of statutory redundancy was heard before the Employment Appeals Tribunal (EAT) with 22 appellants seeking a redundancy payment. The EAT upheld that 20 of the 22 appellants were entitled to a statutory redundancy payment from their former employer, the organisation to which the Deputy refers. The appeals of the other two appellants were withdrawn at the hearing.

Following the EAT decision, redundancy lump sum claims in respect of the 20 eligible employees were received by the Department. The 20 claims have been awarded and payment of their statutory redundancy entitlement, issued directly to those former employees in May 2012. It should also be noted that when the project closed, FÁS offered each JI Participant on the scheme alternative employment with other community employers in Tipperary including the retention of accumulated service and pay. These positions were approved by FÁS, were additional to existing positions and would not have displaced jobs of existing workers. Only one person took up this offer.

In relation to an enhanced severance package, to which the Deputy refers, I am advised that no basis exists to enable payment of an enhanced severance package to Job Initiative participants, where such sponsors did not have adequate funds for this purpose. The Department has no outstanding statutory redundancy payment claims on hand in respect of the organisation to which the Deputy refers.

Illness Benefit Costs

Questions (412)

Aengus Ó Snodaigh

Question:

412. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if her statement reported in the media in August 2012 (details supplied) that her proposal to transfer the initial cost of illness benefit to employers would not apply to companies employing fewer than 100 workers remains her intention; and if she will confirm that her estimated saving figure of €89 million is based on the exclusion of all companies employing fewer than 100 workers and or any other exclusions. [52831/12]

Written answers

Minister for Social Protection

Before any decision could be taken by Government on the possible introduction of a statutory sick pay scheme, the range of complex issues associated with the matter would need to be addressed to the satisfaction of the Government.

These issues include the appropriate rate of payment involved, how a statutory sick pay scheme would be enforced and policed, the extent of coverage of any such scheme and, in particular, the potential for including compensatory mechanisms for certain vulnerable employers, and while no final positions have been adopted in relation to any of these issues, the position of such smaller and vulnerable employers is a key concern and is central to our considerations.

The estimated savings of €89 million was based on the total number of claims of less than four weeks duration, regardless of the size of the enterprises involved.

Carer's Benefit Appeals

Questions (413)

Pearse Doherty

Question:

413. Deputy Pearse Doherty asked the Minister for Social Protection the position regarding a carer's allowance refusal in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [52834/12]

Written answers

Minister for Social Protection

I confirm that an application for carer’s allowance was received from the person in question on the 17th June 2011. This application was disallowed both on medical grounds and due to the fact that the carer was working in excess of 15 hours per week. The person in question appealed the decision. Upon consideration of all the evidence available, an appeals officer allowed the appeal in respect of the 30th June 2011 to the 4th July 2012 only. Following the subsequent submission of additional evidence in this case, the file and papers have been returned to the Social Welfare Appeals Office for review. The person in question will be informed directly regarding the outcome of this review.

Social Welfare Appeals Status

Questions (414)

Pearse Doherty

Question:

414. Deputy Pearse Doherty asked the Minister for Social Protection the reason a social welfare appeal submitted by a person (details supplied) in Dublin 22 on 12 July 2011 to which the person received a reply from the Appeals Office dated 15 July 2011 has not yet been completed; the reason the person has received no written correspondence from the Appeals Office or any other section of her Department on the matter since July 2011; and if she will make a statement on the matter. [52839/12]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that no appeal was registered in that office for the person concerned. There is no record of any correspondence with the Office around the dates mentioned in the question. 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 (415)

Bernard Durkan

Question:

415. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a carer's 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. [52843/12]

Written answers

Minister for Social Protection

I confirm that the department received an application for carer’s allowance from the person in question on the 8th June 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. 416 withdrawn.

Domiciliary Care Allowance Applications

Questions (417)

Pat Breen

Question:

417. Deputy Pat Breen asked the Minister for Social Protection when a decision on domiciliary care scheme review will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [52852/12]

Written answers

Minister for Social Protection

An application for domiciliary care allowance (DCA) was received on the 21st May 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 17th July 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.

Family Income Supplement Applications

Questions (418)

Michelle Mulherin

Question:

418. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding a family income supplement application in respect of a person (details supplied) in County Mayo; if the application will be expedited; and if she will make a statement on the matter. [52855/12]

Written answers

Minister for Social Protection

Family Income Supplement (FIS) is designed to provide support for people with families who are on low earnings. In the matter of the person concerned, her renewal application was received on 7 November 2012 and was referred to a social welfare investigator on 8 November 2012 for confirmation that all the statutory conditions for the receipt of FIS are satisfied. Once the report of the social welfare investigator is received in FIS section, a decision will be made on her renewal application without delay and the person concerned will be notified of the outcome.

Carer's Allowance Appeals

Questions (419)

Michael Creed

Question:

419. Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will receive a decision on their application for carer's allowance; and if she will make a statement on the matter. [52856/12]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th November 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.

Family Income Supplement Applications

Questions (420)

Gerry Adams

Question:

420. Deputy Gerry Adams asked the Minister for Social Protection when a person (details supplied) in County Louth may expect to have their application for family income supplement processed; and if she will make a statement on the matter. [52870/12]

Written answers

Minister for Social Protection

The Family Income Supplement (FIS) is designed to provide support for people with families who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might only be marginally better off than if they were claiming other social welfare payments. The payment amount is based on a fixed proportion of the gap between the assessable income (net of income taxes, PRSI, Pension contribution and USC) of the household and prescribed FIS income thresholds. In relation to the person concerned, I can confirm that no FIS application has been received to date. An application form has now issued and once it is returned fully completed, a decision will be given without delay.

Illness Benefit Applications

Questions (421)

Pat Breen

Question:

421. Deputy Pat Breen asked the Minister for Social Protection when a decision on illness benefit will be made on an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [52875/12]

Written answers

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence allowed the appeal of the person concerned by way of summary decision. The person concerned was notified of the Appeals Officer decision on 23rd November 2012. 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 Application Forms

Questions (422)

Terence Flanagan

Question:

422. Deputy Terence Flanagan asked the Minister for Social Protection the position regarding pension forms in respect of a person (details supplied) in Dublin 13; and if she will make a statement on the matter. [52878/12]

Written answers

Minister for Social Protection

My Department produces a range of application forms for the various schemes it administers.

While downloadable versions of all primary application forms are available on my Department’s website www.welfare.ie, I am very conscious of the fact that some customers may not have access to, or may not feel comfortable using the website. For that reason, these forms are made available through alternative channels.

Supplies of the most popular forms are distributed annually to Social Welfare Local Offices, Citizens Information Centres and post offices throughout the country and arrangements are in place for the distribution and, if necessary, printing of further supplies if the need arises.

Application forms are available from headquarter buildings of my Department and from the Department’s Information & Customer Service area, based in the Sligo Social Welfare Services Office. This area can be contacted on LoCall 1890 66 22 44. Forms can also be requested by calling my Department’s LoCall Leaflet Request Line at 1890 20 23 25.

Customers can also use their mobile phone to request an application form by sending an SMS (text) message containing the relevant Form Code, followed by their name and address to 51909. The details of how to do so are contained in the table. I am satisfied that the various channels offered allow the Department’s customers access application forms in a way that best meets their needs.

SMS Form Request Service

For example, to request a Bereavement Grant form, text FORM BG Mary Murphy, 1 New Street, Old Town, Co. Donegal to 51909.

Application form for	Form code
Bereavement Grant	FORM BG
Carer’s Allowance	FORM CARA
Carer’s Benefit	FORM CARB
Child Benefit (Form CB1)	FORM CHILD
Disability Allowance	FORM DA
Family Income Supplement	FORM FIS
Free Travel	FORM TRAVEL
Fuel Allowance	FORM FUEL
Household Benefits	FORM HHB
Invalidity Pension	FORM INV
Living Alone Allowance	FORM LAA
Maternity Benefit	FORM MAT
One Parent Family Payment	FORM OPFP
Redundancy Claim Form	FORM REDUNDANCY
Respite Care Grant	FORM RCG
State Pension (Non-Contributory)	FORM SPNC
State Pension (Transition/Contributory)	FORM SPC
Widow(er)’s Contributory Pension	FORM WCP
Widow(er)’s Non-Contributory Pension	FORM WNCP

One-Parent Family Payment Appeals

Questions (423)

Pat Breen

Question:

423. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on a one parent family payment in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [52886/12]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided that an oral hearing will be held. The person will be informed when arrangement have been made. 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. 424 answered with Question No. 356.

Domiciliary Care Allowance Appeals

Questions (425)

Pat Breen

Question:

425. Deputy Pat Breen asked the Minister for Social Protection when a decision on a domiciliary care allowance appeal will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [52896/12]

Written answers

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence allowed the appeal of the person concerned by way of summary decision. The person concerned was notified of the Appeals Officer decision on 23rd November 2012. 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 Appeals Status

Questions (426)

Pat Breen

Question:

426. Deputy Pat Breen asked the Minister for Social Protection when a person (details supplied) in County Clare will be facilitated with an oral hearing; and if she will make a statement on the matter. [52907/12]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an oral hearing for the person concerned was scheduled for 3rd July 2012 but was cancelled at the person’s request. The hearing will be rescheduled as soon as possible. She will be informed when arrangements have been made. 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.

Domiciliary Care Allowance Appeals

Questions (427)

Michael Creed

Question:

427. Deputy Michael Creed asked the Minister for Social Protection if a decision has been made on an appeal in respect of a person (details supplied) in County Cork for a domiciliary care allowance; and if she will make a statement on the matter. [52909/12]

Written answers

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 20th November 2012 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the hearing. The person concerned will be notified of the Appeals Officer decision when the appeal has been determined. 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.

Jobseeker's Benefit Appeals

Questions (428)

Ann Phelan

Question:

428. Deputy Ann Phelan asked the Minister for Social Protection if she will investigate the case of a person (details supplied) in County Kilkenny who appealed the decision to refuse payment of jobseeker's benefit and subsequently won the appeal following an oral hearing; the person complied with all relevant criteria, however, they have been refused payment of arrears due to them from the period of initial application dating from January-July 2012; if she will fully investigate the circumstances surrounding this refusal and fully reimburse the applicant back to their application in January 2012; and if she will make a statement on the matter. [52914/12]

Written answers

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that Appeals Officers are statutorily appointed to decide on appeals by persons against decisions made by Deciding Officers of the Department. In doing so, they must have regard to the merits of each individual case and also to the legislative conditions underpinning the relevant scheme.

In the case of the person concerned, an Appeals Officer, having fully considered all the evidence, including that adduced at an oral hearing, allowed the appeal with effect from the date of the oral hearing. In the circumstances, no arrears are due in this case.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed in the light of new evidence or new facts or if an error in law has occurred.

Question No. 429 withdrawn.

Exceptional Needs Payment Applications

Questions (430)

Bernard Durkan

Question:

430. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 342 of 20 November 2012, if she will accept this Parliamentary Question as a written request for an exceptional needs payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [52953/12]

Written answers

Minister for Social Protection

This Department has no record of a recent application for an exceptional needs payment from the person concerned. An application form for an exceptional needs payment has been issued to the person concerned.