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Wednesday, 16 Jan 2013

Written Answers Nos. 408-431

Regulatory Impact Assessment Numbers

Questions (408)

Niall Collins

Question:

408. Deputy Niall Collins asked the Minister for Social Protection the number of regulatory impact assessments that have been carried out by her Department in the past twelve months and the list of regulatory impact assessments carried out within her Department in the past twelve months. [57766/12]

View answer

Written answers

My Department carried out one regulatory impact analysis (RIA) in the past 12 months in relation to the proposed changes to defined benefit pension schemes included in the Social Welfare and Pensions Bill 2012.

The RIA was split into two parts: Part 1 dealt with the changes to the defined benefit model and in particular the proposal to introduce a risk reserve into the funding standard; Part 2 dealt with the re-introduction of the Funding Standard. The RIA was developed following a consultation that took place on changes in defined benefit pension provision and it included the views expressed during the consultation process.

The RIA was published on the Department’s website and made available to all Deputies in advance of the publication of the Bill.

RIAs are normally used within the Department where significant legislative changes are proposed, rather than smaller changes to existing social welfare schemes which may take place each year. Examples in recent years include:

- The Citizens Information Bill in 2006,

- Retirement Annuity Contracts in 2007,

- Amendments to the provisions for Supplementary Welfare Allowance 2007,

- Implementation of proposals on trusteeship in 2008.

Disability Allowance Applications

Questions (409)

Barry Cowen

Question:

409. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on their application for disability allowance. [57781/12]

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Written answers

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including the comments of the Deciding Officer on the grounds of appeal, the case was referred to an Appeals Officer for consideration. The Appeals Officer has referred the case back to the Department for clarification on certain matters. On receipt of their response, the appeal will be further considered by the Appeals Officer.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decision on social welfare entitlements.

Carer's Allowance Applications

Questions (410)

Barry Cowen

Question:

410. 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. [57782/12]

View answer

Written answers

I confirm that this Department received an application for carers allowance from the person in question on 25th October 2012. An information request was made to the person in question on 30th November 2012 for payslips, bank statements and credit union accounts statements. The person in question has failed to submit credit union statements as requested by a deciding officer. The claim therefore has been withdrawn and a letter to the person in question issued on 14th of January 2013 notifying her of this.

Community Employment Schemes Places

Questions (411)

Michelle Mulherin

Question:

411. Deputy Michelle Mulherin asked the Minister for Social Protection if she will provide details of the additional community employment scheme placements which have been announced by her; when same will be available; and if she will make a statement on the matter. [57791/12]

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Written answers

An additional 2,000 places were allocated to Community Employment in the Budget of 2013. The increase in the number of places will be funded from the budget of the Department. These places will be approved on a phased basis from the end of January to December, 2013. The additional places are critical to the continued improvement of CE as outlined in the CE Financial Review of Schemes undertaken by this Department in 2012.

The allocation of places will be informed by the population of long-term unemployed persons in each area, the number of claimants on Jobseekers Allowance, One Parent Family Payment and People with a Disability in receipt of welfare payments for 52 weeks or more. Priority will be given to (a) schemes involved in community childcare services, social and healthcare services and drug rehabilitation services that offer training and development opportunities and work experience to CE participants and (b) those schemes with a clear track record in the development and progression of participants towards employment.

Community Employment Schemes Review

Questions (412, 465)

Michelle Mulherin

Question:

412. Deputy Michelle Mulherin asked the Minister for Social Protection if she will provide details of the new local authority scheme announced by her; the type of work that will be provided; and if she will make a statement on the matter. [57792/12]

View answer

Joanna Tuffy

Question:

465. Deputy Joanna Tuffy asked the Minister for Social Protection the way the social employment schemes and places will be allocated to local authorities; the date on which these schemes may be applied for; and if she will make a statement on the matter. [1068/13]

View answer

Written answers

I propose to take Questions Nos. 412 and 465 together.

The Government, as part of the Budget package for 2013 announced a number of initiatives focused on providing work opportunities for those currently unemployed. The key elements of this package are to add an additional 2,500 places to JobBridge; 2,000 places on community employment; 2,500 to Tús – the community work placement initiative - and the development of a new initiative with local authorities to provide 3,000 opportunities in 2013. This is in line with the commitments set out in the Action Plan for Jobs and Pathways to Work.

The design of the local authority initiative and the nature of work to be undertaken will require consultation with a range of stakeholders, including those bodies responsible for the delivery of other schemes funded by the Department of Social Protection. Development work on this new initiative has commenced with the local authorities. The method to allocating places, which is likely to be based on the geographic distribution of those persons meeting the criteria for the initiative, and the timetables for the development of pilots to inform the design of the scheme and the roll-out of the full initiative have yet to be agreed.

Carer's Allowance Applications

Questions (413)

Patrick Nulty

Question:

413. Deputy Patrick Nulty asked the Minister for Social Protection if an application for carer's allowance will be expedited in respect of a person (details supplied) in Dublin 15; when the claim will go into payment and arrears issue; the reason for the delay; and if she will make a statement on the matter. [57800/12]

View answer

Written answers

This application for carer's allowance was disallowed on the 8th of August 2012. The person in question appealed this decision. All the necessary papers have recently been submitted to the Social Welfare Appeals Office for determination. The Social Welfare Appeals Office will be in touch with the person directly regarding the progress of the appeal.

Carer's Allowance Applications

Questions (414)

Caoimhghín Ó Caoláin

Question:

414. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when she will make a determination on carer's allowance application in respect of a person (details supplied); and if she will make a statement on the matter. [57804/12]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 23rd February 2012. This application was awarded on the 14th January 2013.

Social Welfare Overpayments

Questions (415, 471)

Michael McGrath

Question:

415. Deputy Michael McGrath asked the Minister for Social Protection the way her Department calculates the weekly amount to be repaid by a welfare recipient in the case where an overpayment has been made by her Department; the criteria that are taken into account; and if she will make a statement on the matter. [57810/12]

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Michael McGrath

Question:

471. Deputy Michael McGrath asked the Minister for Social Protection the maximum amount that can be currently deducted under law from a person's weekly social protection payment in respect of an overpayment of a benefit in the past; and if she will make a statement on the matter. [1148/13]

View answer

Written answers

I propose to take Questions Nos. 415 and 471 together.

The overall goal of the Department in relation to debt management is to actively pursue the recovery of debt to maximise overall recovery levels. All debts currently owing to the Department, as a result of benefits received in excess of entitlement, are repayable in full. The Department does not apply interest or penalties on the amounts owing. Debt holders should be aware that a Departmental debt will remain on their records until fully recovered. This may result in a reduction of future entitlements up to and including State Pension. Furthermore, following the death of a customer who owns a debt, the Department has a claim on any estate remaining.

There is no maximum limit to the amount that can be recovered from a person’s weekly social welfare payment with their consent. However, in accordance with provisions contained in the Social Welfare Act 2012, up to 15% of the weekly personal rate payable may be deducted in respect of an overpayment without the customer’s consent. This provision will be commenced in the next few weeks.

In general, the rate a debt is recovered at differs from case to case and when determining the rate of recovery consideration is given to the following issues:

- getting repayment of the debt as soon as possible;

- not causing undue hardship to the person; and

- any case made by the person regarding the circumstances giving rise to the debt.

Jobseeker's Allowance Appeals

Questions (416)

Dan Neville

Question:

416. Deputy Dan Neville asked the Minister for Social Protection the position regarding a jobseeker's allowance appeal in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [57812/12]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 5th December 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.

Domiciliary Care Allowance Applications

Questions (417)

Seán Fleming

Question:

417. Deputy Sean Fleming asked the Minister for Social Protection when domiciliary care allowance will be granted in respect of persons (details supplied) in County Laois; and if she will make a statement on the matter. [57823/12]

View answer

Written answers

An application for domiciliary care allowance (DCA) was received on the 11th October 2012. This application was referred to one of the Department’s Medical Assessors who considered the child to be medically eligible for DCA. A letter issued on the 11th December 2012 informing the person concerned of the decision to award the allowance. Payment has now issued, with effect from 1st November 2012.

Community Employment Schemes Funding

Questions (418)

Timmy Dooley

Question:

418. Deputy Timmy Dooley asked the Minister for Social Protection if claimants will be liable to PRSI on community employment scheme payments from 2013; and if she will make a statement on the matter. [57844/12]

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Written answers

Employment under the Community Employment Scheme is insurable under the Social Welfare Acts for all social welfare benefits and pensions. Participants joining Community Employment are insured at special Class A8/A9 PRSI, which gives them a paid contribution for each week, as with other Class A workers. Participants pay the normal employee contribution if liable.

In 2013, the following PRSI rates apply to CE Participants only:

Subclass A8

Weekly pay Band

How much of Weekly Pay

All Income Employee

Up to €352 inclusive

All

Nil

Subclass A9

Weekly pay Band

How much of Weekly Pay

All Income Employee

More than €352

All

4.00%

In 2013, the Employee’s PRSI-Free Allowance of €127 per week has been abolished. This change only affects those employed on CE under Class A9, i.e. receiving in excess of €352 per week in CE allowances . Those employed under Class A8 (i.e. receiving up to €352 per week) are unaffected by the Budget change.

Departmental Bodies

Questions (419)

Patrick O'Donovan

Question:

419. Deputy Patrick O'Donovan asked the Minister for Social Protection if she will provide in tabular form the number of agencies, bodies, boards, quangos or other entities, which are financed from, answerable to or established by her Department that have been abolished, merged or re-organised since this Government took office; the savings that have been realised since the changes were made; the level of staff reduction that has been achieved; if she will provide details of further agency reductions that he intends to pursue in 2013 [57884/12]

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Written answers

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

No body under the aegis of the Department has been abolished, merged or re-organised since the Government took office.

The Public Service Reform Programme provides for a critical review of the integration of the regulatory functions of the Pensions Board with the Financial Regulator and the merging of the Pensions Ombudsman with the Financial Services Ombudsman. The review is to include identifying any potential savings arising from such an amalgamation.

The Critical Review Group, established to carry out the reviews announced under the Public Service Reform Programme, is finalising a draft report with recommendations. I expect to receive the final report from the Group in the very near future. Following receipt of this report, decisions in relation to possible reforms will be taken.

Social Welfare Appeals Status

Questions (420)

Pearse Doherty

Question:

420. Deputy Pearse Doherty asked the Minister for Social Protection further to Parliamentary Question No 414 of 27 November 2012, if he will confirm that the social welfare appeal (details supplied) is the same as the appeal referred to in the question; the reason for the delay in processing this appeal and if he will consider fast tracking this appeal in view of the fact that it was originally submitted to the relevant Department in July 2011. [57887/12]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that this is the same appeal referred to in the previous question. The appeal was submitted to the Social Welfare Appeals Office on 14th December 2012. An Appeals Officer, having fully considered all the available evidence, disallowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the Appeals Officer decision.

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. 421 withdrawn.

Child Benefit Appeals

Questions (422)

Jack Wall

Question:

422. Deputy Jack Wall asked the Minister for Social Protection the position regarding a child benefit appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [57905/12]

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 13th November 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 the 10th December 2012 and the case 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.

One-Parent Family Payment Applications

Questions (423)

Bernard Durkan

Question:

423. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a decision in respect of one parent family payment will be made in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [57913/12]

View answer

Written answers

The one parent family payment claim of the person concerned has been awarded and is in payment.

Rent Supplement Scheme Payments

Questions (424)

Bernard Durkan

Question:

424. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for reduction in rent supplement in the case of a person (details supplied) in County Kildare; if she will provide the current level of rent supplement payable in this case; and if she will make a statement on the matter. [57915/12]

View answer

Written answers

The rent supplement claim for the person concerned was reviewed on the 15th November 2012. The rent level has been reduced in line with the maximum rent limits introduced from the 1st January 2012. The person concerned is now in receipt of her maximum entitlement based on her household circumstances.

Rent Supplement Scheme Eligibility

Questions (425)

Arthur Spring

Question:

425. Deputy Arthur Spring asked the Minister for Social Protection her views on the findings of the National Advocacy Service, published in October 2012, that disabled persons who want to live independently were being refused rent supplement by community welfare officers; the progress that has been made on the matter; and if she will make a statement on the matter. [57958/12]

View answer

Written answers

Currently, there are approximately 88,000 persons in receipt of rent supplement, with €403 million provided by the Government for 2013.

I am aware of the comments which were reported to the National Advisory Group for the National Advocacy Service. These comments related to a particular case which was dealt with locally.

There are no specific exemptions to qualification for rent supplement for persons with disabilities, with all customers being treated equally. Entitlement to rent supplement is subject to a number of qualifying conditions, one of which is that, at the time of application for a rent supplement, a claimant must:

- have been residing in private rented accommodation, accommodation for homeless persons or in an institution for 6 months within the preceding 12 months of the date of claim, or

- have had an assessment of housing need carried out within the 12 months preceding the date of claim and have been deemed by a housing authority to be eligible for and in need of social housing support.

Rent supplement is payable where a person has left institutional care and satisfies the conditions of the scheme. If the person concerned requires specialised housing due to the nature of their condition, Department officials are empowered to pay rent supplement in excess of the prescribed rent limits, thereby fully supporting independent living.

The most appropriate means for meeting the long-term accommodation needs of customers is through the provision of services by housing authorities. 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 this Department, currently provided through rent supplement, to housing authorities using a new Housing Assistance Payment (HAP). A multi-agency steering group has been established to develop proposals to give effect to this transfer. 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.

Farm Assist Scheme Payments

Questions (426)

Patrick O'Donovan

Question:

426. Deputy Patrick O'Donovan asked the Minister for Social Protection the number of persons who will have their payments affected by the changes to farm assist that were announced in Budget 2013 and what the net saving of the measure will be; and if she will make a statement on the matter. [57960/12]

View answer

Written answers

Support for farmers on low incomes is available through the farm assist scheme. This means-tested payment is similar to the jobseeker’s allowance scheme, on which it is based. The farm assist scheme was introduced in 1999 to replace ‘Smallholders Unemployment Assistance’ for low income farmers, without the requirement to be available for and genuinely seeking work.

In Budget 2013 two measures were announced, for implementation in April 2013, which will bring the farm assist scheme into closer alignment with the jobseeker’s allowance scheme’s treatment of self-employed persons by:

a. Increasing the amount of means from self-employment, which is assessed against the claimant from 85% to 100%; and

b. Discontinuing the means testing disregards for child dependents of claimants.

It is anticipated that these measures will achieve savings of €3.75 million in 2013, and €5 million in a full year, and will affect some 7,000 recipients.

Question No. 427 withdrawn.

Invalidity Pension Appeals

Questions (428)

Bernard Durkan

Question:

428. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal on an application for invalidity pension will take place in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [57971/12]

View answer

Written answers

Invalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.

This department received a claim for invalidity pension for the person concerned on 12 July 2012. The medical evidence provided by the claimant in support of his claim was examined by a medical assessor who was of the opinion, based on the evidence provided, that the person concerned is not eligible for invalidity pension as he does not satisfy the medical criteria. The application for invalidity pension was disallowed by a deciding officer. The person in question was notified of this decision and the reason for it on 05 September 2012.

Further medical evidence was subsequently submitted by the claimant. This additional evidence, along with the original information, was evaluated by a different medical assessor who expressed the opinion that the person concerned does not satisfy the medical criteria. The deciding officer confirmed the original decision on 10 January 2013 and has notified the claimant of the outcome, advising him of his right to appeal the decision to the independent Social Welfare Appeals Office.

Pension Provisions

Questions (429)

Terence Flanagan

Question:

429. Deputy Terence Flanagan asked the Minister for Social Protection the position regarding auto-enrolment (details supplied); and if she will make a statement on the matter. [57980/12]

View answer

Written answers

In recent years there has been a particular focus on the sustainability of the pension system because of the demographic challenges Ireland faces, the associated increases in pension (and other age related) costs, and the deterioration in the public finances. In general terms, the task of financing increased pension spending will fall to a diminishing share of the population as demographic projections indicate the ratio of working age to pensioners will decrease from 5.3/1 at present to 2.1/1 by 2060. Life expectancy in Ireland is increasing – in the mid 1990s, life expectancy for males was 73 and for females 78.5. In 2041, it will be 86.5 and 88.3 respectively. Whilst increasing life expectancy is a very welcome development, it also presents very real and obvious public policy challenges.

Most recent figures indicate that approximately half of workers aged between 20 and 69 years have a private pension and this figure may have decreased as a result of the difficult economic environment. The fact that private pension coverage continues to be relatively low is of major concern to the Government.

The overall objective of the pension system in Ireland is to provide an adequate and sustainable basic standard of living through direct State supports and to encourage people (through generous tax reliefs) to make supplementary pension provision so that they may have an adequate income replacement rates when they retire from work.

The State already provides a funding mechanism to secure a basic income for all contributors through the PRSI system and the payment of the State pension. The State pension will continue to be the bedrock of our pension system and we have introduced a number of reforms in order to increase the sustainability of the system into the future so that we can continue to maintain the value of the State pension.

While the State pension is expected to provide sufficient retirement income for the lowest paid workers, many people retiring from work will have a significant income gap if they do not have supplementary private pension provision. Therefore, increasing supplementary pension coverage, particular amongst the lower paid and those with gaps in their employment, is a priority for the Government. The Programme for Government includes a commitment to reforming the pension system to progressively achieve universal coverage, with particular focus on lower-paid workers. A soft-mandatory approach such as that envisaged by an auto-enrolment scheme, using scale to achieve greater cost efficiencies for the member, is a very proactive way in which we can increase supplementary pension coverage, though it is recognised that introduction of such an initiative would be best supported by a more favourable economic environment than is currently the case.

In relation to Ireland’s pensions system, recent discussions on pension policy identified the need for a short and focussed examination on the direction of long term policy to ensure a modern, sustainable, and adequate pension system taking into account the impact of the economic downturn. In this regard, the OECD was commissioned by the Department of Social Protection to review long term pension policy in Ireland and this will include consideration of an auto enrolment system. I am expecting the final report from the OECD in the first quarter of this year and I will be bringing this to Government for decision.

Carer's Allowance Delays

Questions (430)

Sandra McLellan

Question:

430. Deputy Sandra McLellan asked the Minister for Social Protection the current waiting time for carer's allowance to be processed; and if she will make a statement on the matter. [57997/12]

View answer

Written answers

While the time taken at present to process some carer’s allowance claims is not satisfactory, good inroads have been made over the last number of months by my Department to clear the current backlog and a plan is in place to process the remaining backlogged claims by the end of Q1 2013. I am happy that the actions they are taking will achieve this.

Following the completion of a major service delivery modernisation project, an in-depth business process improvement (BPI) project was completed 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. From Monday 3 September 2012, one team concentrates on dealing with new claim intake and processes these without delay and the other team is working on the backlog which is ring-fenced with a clear and targeted plan for its elimination. It is expected that the backlogged claims will all be processed by the end of March 2013.

Domiciliary Care Allowance Applications

Questions (431)

Patrick O'Donovan

Question:

431. Deputy Patrick O'Donovan asked the Minister for Social Protection the position regarding a domiciliary care allowance in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [58004/12]

View answer

Written answers

The person concerned was notified on the 4th July 2012 that her domiciliary care allowance appeal was successful. Payment of the allowance commenced on the 17th July 2012 and all arrears due also issued to her at that time.

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