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Wednesday, 16 Jan 2013

Written Answers Nos. 480-504

Carer's Allowance Appeals

Questions (480)

Jack Wall

Question:

480. Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare has had their carer's allowance payment stopped; if this decision may be appealed; and if she will make a statement on the matter. [1210/13]

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Written answers

Carer’s allowance payments ceased on 27th December 2012 in respect of the person in question as, following a review, it was decided that the medical criteria were no longer satisfied.

To be entitled to a carer’s allowance the person being cared for, if aged under 16, must be in receipt of a domiciliary care allowance. If over the age of 16 the person being cared for must be so incapacitated as to require full time care and attention. In this case, when the caree reached the age of 16, a review of the medical eligibility was carried out. The person in question submitted medical evidence in support of the continuing entitlement to carer’s allowance. This medical evidence was referred to one of the Department’s medical assessors who was of the opinion that the caree in question was not medically eligible for carer’s allowance.

A letter issued on 28th November 2012 notifying the person concerned that the carer’s allowance payment would cease, the reasons for it and of her right of review or appeal. No further medical evidence has not been received to date nor has an appeal been lodged.

Jobseeker's Allowance Appeals

Questions (481)

Ciaran Lynch

Question:

481. Deputy Ciarán Lynch asked the Minister for Social Protection the reason jobseeker's allowance was refused in respect of a person (details supplied) in County Cork; if she will confirm that an appeal has been lodged; when a determination will be made on the appeal; and if she will make a statement on the matter. [1223/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 28th December 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. When received, the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

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

Carer's Allowance Applications

Questions (482)

Róisín Shortall

Question:

482. Deputy Róisín Shortall asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in Dublin 9 and if she can expedite a decision on same. [1225/13]

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Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 18th of January 2012. This application was referred to one of the Department’s medical assessors who was of the opinion that the carees in question were not medically eligible for carer’s allowance. A letter issued on the 17th July 2012 refusing the allowance.

The person in question subsequently submitted further medical evidence for review on 31st August 2012. The additional evidence has recently been assessed by a medical assessor and the application is now with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Carer's Allowance Applications

Questions (483)

Ciaran Lynch

Question:

483. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made regarding an application for carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [1226/13]

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Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 3rd of May 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. 484 withdrawn.

Pension Provisions

Questions (485)

Michael Healy-Rae

Question:

485. Deputy Michael Healy-Rae asked the Minister for Social Protection her views on correspondence (details supplied) regarding self-employed contractors; and if she will make a statement on the matter. [1267/13]

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Written answers

Pensions are a long-term investment aimed at ensuring that people have an adequate income in retirement. Government policy supports this aspiration through generous tax reliefs. At present, people are generally only permitted to access their pension savings at the retirement age defined in their pension schemes. Schemes may also have early retirement provisions from age 50 and when retirement is caused by ill-health, benefits may be paid regardless of age. In the case of Personal Retirement Savings Accounts (PRSAs) and Retirement Annuity Contracts (RACs), benefits may be taken at any time after age 60 and from any age in the case of ill-health. As the purpose of pensions is to promote a secure and adequate income in retirement, there is no provision to facilitate early access to core pension savings for the purposes of providing loan security.

The Minister for Finance announced, as part of Budget 2013, that access to 30% of Additional Voluntary Contributions (AVC’s) on pensions will be allowed subject to a marginal tax rate of 41%. This option to withdraw will be available for 3 years from the passing of Finance Bill 2013. The introduction of this measure is designed to allow people, who have provided for a good retirement through a core pension but who have an immediate financial need, to access a portion of their pension pot before they retire. There are no plans to extend this limited access option further.

There are a number of reasons why early withdrawals of pension savings are generally not permitted, the principal one being that funds, and the associated tax relief on contributions, are designed to support people in later life to ensure they have an adequate income. This requires that pensions must be long term vehicles based on the principle that savings will be “locked away” until retirement. The issue of early access has been considered in detail by an inter-departmental ad-hoc group, chaired by the Department of Social Protection. The group concluded that the principle of pension savings being “locked away” until pension age should be maintained. The Interdepartmental Group on Mortgage Arrears also examined the issue of early access to pensions and did not recommend such an approach.

Younger people in pension schemes are unlikely to have significant pension savings and where their pension scheme has incurred losses, as many have over the past number of years, early withdrawal of funds would mean very poor value for money. There is no guarantee the funds could be repaid or that people could make up these losses. Where people are close to retirement, an early withdrawal of funds could significantly diminish the pension they receive as they may not have time before retirement age to fill the gap left by such a withdrawal. The Deputy will be aware that the Government has engaged the OECD to conduct an independent review of long term pension policy in Ireland. I have asked the OECD to consider the issue of early access to pension savings as part of its review.

Action Plan for Jobs

Questions (486)

Dara Calleary

Question:

486. Deputy Dara Calleary asked the Minister for Social Protection the 2012 targets set for her Department for implementation of the Action Plan for Jobs; if she will report on the attainment or otherwise of these targets; the reason targets were not met; the steps she is taking within her Department to create new jobs; and if she will make a statement on the matter. [1288/13]

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Written answers

There were a number of targets set for the Department of Social Protection in the Jobs Action Plan. The targets and their update are listed:

Target:- Simplify and extend the Employer Job (PRSI) Incentive Scheme, which exempts employers from liability to pay their share of PRSI for certain employees. The scheme will be extended to cover the first 18 months of employment.

Action:- The Employer Job (PRSI) Incentive was simplified and extended again to the end of 2012. The exemption was increased from 12 to 18 months for eligible employers who create jobs from 1 January 2012;

Target:- Eligibility criteria for the scheme will be amended to: Allow time spent on the Work Placement Programme and JobBridge count as the qualifying period for the scheme; Allow persons on eligible payments undertake short SOLAS courses without impacting on their eligibility; Allow time spent in casual unemployment count towards the qualifying period for the scheme, where a person is progressing to a new fulltime job offered by a different employer; Allow linking periods for illness payments provided on qualifying payment immediately prior to commencement of employment.

Action:- Eligibility criteria for the scheme were broadened in 2012 to allow time spent on Job Bridge, Work Placement Programme, Community Employment, Rural Social Scheme, Tús, Back to Education Allowance And short FÁS training courses to count towards the qualifying period for the scheme.

Now, eligible persons on JobBridge and Work Placement Programmes may be employed directly from those schemes once the required 6 month qualifying period has been satisfied. In addition, jobseekers payments paid in conjunction with periods of casual employment may count towards satisfying the 6 month qualifying period, as will breaks in jobseekers payments as a result of periods of illness during which illness benefit is paid Stats.

In 2012, 780 employers were awarded exemptions in respect of 1030 employees.

Target:- increased takeup of support schemes available to employers who take on additional workers, such as Employer Job (PRSI) Incentive Scheme, by increasing employers’ awareness of the schemes through relevant Departments, agencies and business and employer representatives; we will actively monitor the takeup of the schemes and remove any identified obstacles to increased takeup. (Joint target with Revenue, DJEI, Enterprise agencies, employer representatives).

Action:- As part of the launch of Intreo, the Department produced promotional material on the schemes in question. The Minister also hosted seven employer road-shows around the country highlighting the availability and benefits of the schemes. These events included information booths from the Department and the Revenue Commissioners and also involved employers providing personal testimonials as to the benefits of the schemes. Around 2,000 attended these events. The Department will continue to engage with employers and related representative bodies/groups and provide information and guidance on the full range of employment services and supports available and how these can be accessed.

Issue to persons who are over one year unemployed a certificate to present to employers of eligibility for Revenue Job Assist.

Action:- Work is being undertaken by senior officials in a number of Departments to finalise a revised employer incentive initiative, to encourage employers to hire individuals that are long-term unemployed. The proposal to issue a certificate is currently on hold pending decisions on this new initiative;

Target:- Examine the availability of affordable childcare for people on lower incomes to determine whether existing schemes could be expanded to support people to take up employment. (Joint target with D/Children & Youth Affairs).

Action: €14 million from DSP savings will be allocated to DCYA to provide 6,000 school-age childcare places (i.e. part-time childcare places) on a phased basis during 2013. The scheme will commence with a pilot in early 2013;

Target:- Ensure that labour activation programmes continue to be aimed at enhancing the employability of the unemployed, reskilling, upskilling and keeping redundant workers/unemployed persons close to the labour market and are tailored specifically to the needs of this cohort of unemployed. (Joint target with Department of Education and Skills).

Action: MOMENTUM, a scheme for education and training interventions, is part of the Government’s Action Plan for Jobs initiative and is currently being rolled out by the Department of Education. MOMENTUM will support the provision of free education and training projects to allow 6,500 jobseekers (who are unemployed for 12 months or more) to gain skills and to access work opportunities in identified growing sectors. MOMENTUM will provide eligible jobseekers with access to a range of quality education and training projects; Links to identified job vacancies and employers; Work placement and support; Relevant industry and NFQ (National Framework of Qualifications) Certification.

Under the scheme, LMETF (Labour Market Education and Training Fund) funding is being utilised to provide education and training solutions nationwide to the needs of both unemployed individuals and employers within the context of four themes. The first three themes are based on 'clusters of occupations'. These have been chosen because there is evidence available which shows that these skills are associated with relatively good employment opportunities. Theme 4 is dedicated to under 25s and will provide a solid foundation for them to gain employment and/or continue in further education and training that will progress them into employment.

In addition, the Back to Education Allowance (BTEA) scheme run by the Department of Social Protection provides income maintenance, along with a contribution to education costs, for unemployed people returning to further or higher education, which provides a pathway to employment. Almost 26,000 people are participating in the BTEA in the current academic year.

Furthermore, those participating in part-time third-level programmes under the Springboard programme are also entitled retain any existing entitlement to Jobseekers Benefit/Allowance. Provision has been made for 6,000 places in 36 institutes of technology, universities and privately-run higher education colleges. In total, participant can choose from 220 Springboard courses. These courses are in the expanding enterprise areas of ICT, medical devices, the green economy, pharmaceuticals, food and beverages, and international financial services. Programmes are available in cutting edge cross-enterprise skills such as Six Sigma, lean and quality systems, international selling, languages, business start-up and entrepreneurship skills. Courses are free, part-time, and are at certificate, degree and postgraduate level.

With respect to job/work placement opportunities, there are a number of schemes/programmes available that are focussed on work experience, most notably JobBridge (the National Internship Scheme). Since its launch in July 2011, the Government’s JobBridge initiative has had over 13,000 commencements. Those participating on this traineeship scheme retain their unemployment payment and are also paid an extra €50 a week. An interim evaluation of the scheme suggests that the scheme has been very positive for both participants and employers.

The Department supports unemployed people who create jobs through self-employment. Currently, about 12,000 people are being supported under the Back to Work Allowance scheme and the Short-term Enterprise Allowance scheme.

The Department also manages a number of schemes providing temporary employment on works and services of value to the community. There are currently 26,000 people participating on Community Employment and Tús. As part of Budget 2013, the Government approved 10,000 new places across CE, TÚS, JobBridge and a new social employment scheme with the Local Authorities.

Carer's Allowance Applications

Questions (487)

Jack Wall

Question:

487. Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for a review of the decision to refuse an application for a carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1294/13]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 4th August 2011. This application was referred to one of the Department’s medical assessors who was of the opinion that the caree in question was not medically eligible for carer’s allowance. A letter issued on the 12th of April 2012 refusing the allowance. The person in question subsequently submitted further medical evidence for review on the 4th September 2012. This medical evidence is awaiting medical assessment by a medical assessor. On completion of all the necessary investigations as part of this review, a decision will be made and the person in question will be contacted directly with the outcome.

Disability Allowance Appeals

Questions (488)

Jack Wall

Question:

488. Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal in relation to a disability allowance claim in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1310/13]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17th July 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 10th January 2013 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.

Questions Nos. 489 and 490 withdrawn.

Carer's Benefit Appeals

Questions (491)

John O'Mahony

Question:

491. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on their appeal for carer’s benefit; and if she will make a statement on the matter. [1331/13]

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 05th 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 15th November 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.

Invalidity Pension Appeals

Questions (492)

Jack Wall

Question:

492. Deputy Jack Wall asked the Minister for Social Protection the position regarding an invalidity appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1332/13]

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 25th 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 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.

Domiciliary Care Allowance Review

Questions (493)

Simon Harris

Question:

493. Deputy Simon Harris asked the Minister for Social Protection when she expects the review group she established to examine the domiciliary care allowance to conclude its work; if she will provide a report; if she intends to then publish this report; the number of times the group has met; the dates on which the group has met; the full membership of the review group; and if she will make a statement on the matter. [1340/13]

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Written answers

The review of the domiciliary care allowance (DCA) scheme, announced in May 2012, has been concluded and I have recently received the report of the group. It is my intention to publish the report when I have an opportunity to consider its findings and recommendations. The group undertaking the review was chaired by Ms. Sylda Langford and comprised of three representatives of the Department of Social Protection, a representative from the Department of Health, Department of Public Expenditure and Reform, Department of Children and Youth Affairs, the Social Welfare Appeals Office, the National Disability Authority, four parent/advocacy group representatives, including three from a working group established by Downs Syndrome Ireland, Inclusion Ireland, Irish Autism Action, Special Needs Parents Association, the Carers Association, Midlands Regional Forum of People with Disabilities and the fourth representing the DCA warriors group. In addition a researcher with expertise in the area was part of the group. The group met on seven occasions between July and December 2012.

Ministerial Meetings

Questions (494)

Simon Harris

Question:

494. Deputy Simon Harris asked the Minister for Social Protection if she has met with the carer's association since her appointment; if she plans to meet with them again in the near future; and if she will make a statement on the matter. [1341/13]

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Written answers

I met with the Carers Association as part of the pre-budget forum on 16th September, 2011 and again on 12th October, 2012. These fora are attended by about thirty representative organisations, including the Carers Association. Each of the organisations has the opportunity to present their key priorities for consideration in advance of the budget. My officials meet two to three times a year with the Carers Association as part of a structured dialogue with a range of community and voluntary groups. These meetings are normally co-chaired by the Deputy Secretary General of my Department and by a representative of the groups.

My Department also hosts an annual meeting of carer representative groups. This includes representatives from Government Departments and agencies involved in providing services for carers, and the broad spectrum of groups representing carers, the disabled and the elderly. In addition, individual meetings are arranged from time to time between my officials and the Carers Association to discuss particular issues as they arise. I am satisfied that these arrangements provide the opportunity for the Carers Association to engage in a meaningful way with my Department and to contribute to the development of policy in respect of carers.

Social Insurance Issues

Questions (495, 548)

Simon Harris

Question:

495. Deputy Simon Harris asked the Minister for Social Protection her policy in relation to assisting self-employed persons access to social welfare supports as the need arises; when she expects to advance any plans to address current difficulties experienced by self-employed persons in this regard; and if she will make a statement on the matter. [1343/13]

View answer

Patrick O'Donovan

Question:

548. Deputy Patrick O'Donovan asked the Minister for Social Protection if consideration has been given by her Department to revise the social insurance system for self employed persons, that would allow them to have access to assistance from the State at times when they are unable to gain employment; and if she will make a statement on the matter. [1961/13]

View answer

Written answers

I propose to take Questions Nos. 495 and 548 together.

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

In 2011 I established the Advisory Group on Tax and Social Welfare to meet the commitment made in the Programme for Government. The Advisory Group will, inter alia, examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable. The Advisory Group’s overall method of working is based on producing modular reports on the priority areas identified in the Terms of Reference. Where possible, the aim is to provide recommendations that can be acted upon in time for the annual budget, estimates and legislative cycle and to allow the Government to best address its commitments under the EU-IMF Programme of Financial Support. The Group has been considering the issue of social insurance coverage for the self-employed and will submit its report once its examination of the various questions has been completed.

The third Actuarial Review of the Social Insurance Fund, as at 31 December 2010, was completed by consultants KPMG in June 2012 and laid before each House of the Oireachtas on 24 August 2012. The Review covers a 55 year period from 2011–2066 and builds on the findings of the 2000 and 2005 Actuarial Reviews of the Fund. One of the issues examined in the 2010 Review was the long-term cost implications to the Social Insurance Fund (SIF) and the break-even contributions rates required to provide invalidity pensions to the self-employed and to provide jobseeker’s benefit for self-employed workers. The report found that the effective annual rate of contribution, or the required contribution as a percentage of salary, needed to provide the core full-rate State pension (contributory), which is the benefit currently available to self-employed contributors, is approximately 15%. This compares favourably with the 4% rate currently paid by the self-employed. An incremental increase in contribution rates from approximately 15% to 16% would be required if jobseeker’s benefit in addition to core State pension (contributory) is provided. The average contribution rate required for the core State pension (contributory) plus jobseeker’s benefit and the invalidity pension is estimated to be in the region of 17.3%.

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

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

Child Benefit Reform

Questions (496)

Simon Harris

Question:

496. Deputy Simon Harris asked the Minister for Social Protection the date on which she received the expert report on reforming the child benefit system; the membership of this expert group; the terms of reference of this expert group; when she intends to bring the report to Government; when she will publish the report; and if she will make a statement on the matter. [1345/13]

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Written answers

Creating jobs and tackling poverty are two of the key challenges that Ireland now faces and it is essential that our tax and social protection systems play their part in addressing these issues. To this end, and in line with commitments contained in the Programme for Government, I established in June 2011 the Advisory Group on Tax and Social Welfare, with the aim of harnessing expert opinion and experience to examine a number of specific issues. This includes making cost effective proposals for improving employment incentives and achieving better poverty outcomes, particularly child poverty outcomes. The Group’s Terms of Reference and the current membership of the Group are set out in the following.

The Group’s overall method of working is based on producing modular reports on the priority areas identified in the Terms of Reference. The Group commenced its work programme by prioritising the area of family and child income supports and submitted its report to me on 28 March 2012. Since then I have been considering the Group’s findings and have held discussions with colleagues in Government on the issues raised in the report. I intend to formally bring this report to Cabinet later this month and thereafter publish it subject to agreement.

Advisory Group on Tax and Social Welfare - Terms of Reference

1. The Government agreed the following terms of reference for the Advisory Group:

a. To constitute a forum to which the Minister for Social Protection may refer specific issues around the income supports and tax systems so that they provide good incentives to take up work and to contribute to the reduction of poverty and child poverty in particular. In particular, the Advisory Group will examine the following specific issues and make recommendations on: i. Child and family income supports (in particular child benefit, increases for qualified children and the family income supplement); ii. Working age income supports (including unemployment payments and similar payments made by other agencies, one parent family payment, one parent family tax credit, back to work tax credit, increases for adult dependants as well as secondary benefits such as medical cards and rent and mortgage supplementary payments); iii. The appropriate unit of assessment in both the tax and social welfare codes; iv. How to address identified anomalies in the interaction of tax and social welfare codes.

b. To examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable;

c. To examine and report upon how to improve interaction between the tax, social welfare systems and other supports so as to improve the operation of both in a cost-effective way and in the delivery of positive social and economic outcomes;

d. To examine and report upon any other issue that may be referred to the Group by the Minister for Social Protection following consultation with the Ministers of Finance and Public Expenditure and Reform and the agreement of the Minister for Finance on taxation matters.

It is intended that the Advisory Group should consider any proposals for change to existing arrangements in a cost-neutral or cost-reducing context. 2. Following Budget 2012, the Minister for Social Protection, Joan Burton T.D. refers the following additional terms of reference to the Advisory Group: a. To examine and report on the policy objectives underpinning the Budget 2012 proposals regarding: i.e. Changes in the eligibility criteria and rates of payment for Disability Allowance (DA); ii. The increase in the age threshold for payment of Domiciliary Care Allowance (DCA); b. To assess the effectiveness of the Budget 2012 proposals in delivering on the policy objectives taking account, inter alia, the ease of implementation and the timing/phasing of implementation; and c. To consider alternative ways as to how the policy objectives might be achieved.

Current Membership of the Advisory Group on Tax and Social Welfare

Ita Mangan, Chairman of the Advisory Group

John Bohan, Department of Social Protection

Micheál Collins, Nevin Economic Research Institute

John Conlon, Department of Public Expenditure and Reform

Gerry Harrahill, Office of the Revenue Commissioners

Catherine Hazlett, Department of Children and Youth Affairs

Paul Kealy, Department of Jobs, Enterprise and Innovation

Pat Mahon, Pricewaterhouse Coopers (PwC)

Geralyn McGarry, Citizens Information Board

Aebhric McGibney, Dublin Chamber of Commerce

Brenda McVeigh, Department of Finance

Mary P. Murphy, Department of Sociology, National University of Ireland, Maynooth

Brian Nolan, School of Applied Social Science in UCD

Marie Sherlock, SIPTU

John Sweeney, National Economic and Social Council

Carer's Allowance Applications

Questions (497)

Anne Ferris

Question:

497. Deputy Anne Ferris asked the Minister for Social Protection the position regarding a carer's allowance application in respect of a person (details supplied) in County Wicklow; the reason for the delay; and if she will make a statement on the matter. [1352/13]

View answer

Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 16th of July 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Carer's Allowance Delays

Questions (498)

Anne Ferris

Question:

498. Deputy Anne Ferris asked the Minister for Social Protection the number of outstanding claims awaiting decision for carer's allowance and for family income support; the average time for processing a claim; the reasons for the delay; the reasons the appeals office does not publish its decisions; and if she will make a statement on the matter. [1353/13]

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.

The number of applications awaiting decision for carer's allowance at the end of December 2012 was approx. 8,550. The number of applications which were awaiting decision in mid-June 2012 was 11,600. 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. Additional resources have been allocation to this task and the claim clearance plan is continually monitored in order that the backlog is eliminated in the shortest possible timeframe.

With regard to family income supplement claims (FIS), at the end of December 2012 there were 7,360 new FIS applications and 3,391 renewal applications awaiting approval. FIS claims, both new and renewal, received on or after the 5th November 2012 are currently being processed without delay. An in-depth business process improvement (BPI) project has recently been completed for the FIS scheme. 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 by end of Q1. 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.

The issue of publishing all appeal decisions was the subject of recent High Court case Ikraam Jama v Minister for Social Protection 11 October 2011 seeking that the Social Welfare Appeals Office would publish decisions, suitably anonymised, for the purpose of assisting appellants and their representatives in making an appeal. The Judge in that case found that there was no duty on the SWAO to maintain a database for public access.

In the course of that challenge, comparisons were drawn with the Social Security Commissioners in Northern Ireland, the Refugee Appeals Tribunal and the Equality Tribunal who do publish their decisions. In 2010, the Social Security Commissioners in Northern Ireland finalised 141 decisions, the Refugee Appeals Tribunal finalised 2,783 and the Equality Tribunal finalised 322 whereas the Social Welfare Appeals Office finalised 28,166 decisions in the same period. It is this very issue of scale that would make the provision of such a database a vast undertaking requiring the allocation of significant resources. The Chief Appeals Officer publishes a number of case studies in her annual report which serve to clarify the process by which appeals are determined.

Disability Allowance Appeals

Questions (499)

Bernard Durkan

Question:

499. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal for disability allowance will be determined in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1354/13]

View answer

Written answers

The disability allowance application by the person concerned was disallowed by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that she was medically unsuitable. An appeal was registered on 19th November 2012 and the Social Welfare Appeals Office has advised me that, in accordance with the statutory procedures, the relevant department papers and the comments of the Deciding Officer on the grounds of the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out.

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

Invalidity Pension Appeals

Questions (500)

Bernard Durkan

Question:

500. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1356/13]

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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 14 March 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.

The person concerned has appealed the decision and submitted further medical evidence which is currently awaiting review by a medical assessor. If, following this review, it is decided that he still does not satisfy the medical criteria, his file and all relevant papers will be prepared and forwarded to the Social Welfare Appeals Office for determination. If the claimant satisfies the medical criteria, a revised decision will be made by a deciding officer and he will be notified of same.

Question No. 501 withdrawn.

Jobseeker's Allowance Eligibility

Questions (502)

Bernard Durkan

Question:

502. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for refusal of jobseeker's allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1366/13]

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Written answers

The jobseeker’s allowance claim of the person concerned was disallowed as the Deciding Officer contended that she failed to give a true and accurate account of her circumstances. The decision not to award the claim was upheld on appeal.

Invalidity Pension Appeals

Questions (503)

Billy Timmins

Question:

503. Deputy Billy Timmins asked the Minister for Social Protection the position regarding invalidity pension in respect of a person (details supplied) in County Wicklow; if she will expedite the matter; and if she will make a statement on the matter. [1393/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 28 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. When received, the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

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

Carer's Allowance Appeals

Questions (504)

Jack Wall

Question:

504. Deputy Jack Wall asked the Minister for Social Protection the position regarding a carer's allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1409/13]

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Written answers

I am advised by the Social Welfare Appeals Office that an appeal was registered on 14th November 2012 and, in accordance with the statutory requirements, that office contacted the person concerned asking her to set out the complete grounds of her appeal. On receipt of her response the appeal will proceed.

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

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