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Tuesday, 22 Jan 2013

Written Answers Nos 321-339

Farm Assist Scheme Application Numbers

Questions (321)

Arthur Spring

Question:

321. Deputy Arthur Spring asked the Minister for Social Protection the number of farmers in County Kerry claiming farm assist; and if she will make a statement on the matter. [2938/13]

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Written answers

The total number of persons in receipt of farm assist in Local Offices in County Kerry at the end of December 2012 was 818. The catchment area of these offices, particularly near the border of counties, may include addresses in neighbouring counties (e.g. Cork), and as such those signing on at a Local Office in Kerry may not be resident in the county. A detailed breakdown of this number by Local Office is contained in the following tabular statement.

Office

Recipients

CAHIRCIVEEN

130

DINGLE

47

KENMARE

103

KILLARNEY

60

KILLORGLIN

134

LISTOWEL

182

TRALEE

162

Total

818

Social Welfare Rates

Questions (322, 404)

Seán Kyne

Question:

322. Deputy Seán Kyne asked the Minister for Social Protection her plans to work with the National Consumer Agency, the State agency under its remit, to provide assistance to older citizens in selecting energy products and services in view of the shift in focus of the household benefits package from a units based approach to a credit based one; and if she will make a statement on the matter. [3144/13]

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Seán Kyne

Question:

404. Deputy Seán Kyne asked the Minister for Social Protection her plans to provide assistance to older citizens in receipt of the household benefits package in securing the best value energy package/products in view of the move away from units based approach to a credit based system; and if she plans to work with the National Consumer Agency to achieve this. [3113/13]

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Written answers

I propose to take Questions Nos. 322 and 404 together.

Following Budget 2013, the structure of electricity/gas allowance has changed and is now aligned with the best average market rate currently available for an unchanged 150 units per month from Airtricity, Bord Gais Éireann (BGE) and Electric Ireland. For those customers with Electric Ireland and BGE, this amount will appear as a cash credit of €35 on their bill. Other customers will continue to receive a cash allowance as before.

Between 2005 and 2011 the number in receipt of the electricity/gas allowance rose by 20% and there are now 405,000 recipients in receipt of an allowance. The cost of the electricity and gas allowances has risen from €110 million in 2005 to an estimated outturn of €201 million in 2012, an increase of 83% over seven years. In the current economic climate these increases were unsustainable.

This change to the electricity and gas elements of the household benefits package will bring significant savings, with estimated expenditure in 2013 of €176 million, while aiming to encourage customers to achieve better savings through greater mobility. The Affordable Energy Strategy drew attention to the fact that customers in receipt of household benefits were much less likely than other customers to switch energy supplier to obtain better value. Only 16% of social welfare customers have switched companies compared to 42% nationally. There will also be some administrative efficiency through simplification of the scheme with one payment rate instead of five.

The Commission for Energy Regulation (CER), following discussions with officials from my Department, has been liaising with the National Consumer Agency with a view to ensuring that information is available for our customers to help with switching companies. In August 2011 the CER published a paper which set out a framework for accreditation for price comparison websites (CER/11/144) following which a website www.bonkers.ie was accredited. This website presents comparison data which can greatly assist those wishing to switch companies and achieve the best value.

Disability Allowance Appeals

Questions (323)

Michael Creed

Question:

323. Deputy Michael Creed asked the Minister for Social Protection if she will expedite a decision on a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [2283/13]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at oral hearing, allowed the appeal of the person concerned. 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.

Social Welfare Benefits Applications

Questions (324)

Kevin Humphreys

Question:

324. Deputy Kevin Humphreys asked the Minister for Social Protection the consideration given to relapsing or recurring illnesses such as cystic fibrosis when assessing a persons capacity under the partial capacity benefit when it is possible that they may not be ill when assessed but may suffer a relapse at a later time; and if she will make a statement on the matter. [2286/13]

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Written answers

Partial capacity benefit is a social welfare scheme which allows a person with a reduced capacity to work to return to work or self-employment, and continue to receive a payment from the Department of Social Protection. To qualify for partial capacity benefit a person must be currently in receipt of either illness benefit (for a minimum of 6 months) or invalidity pension. An applicant for partial capacity benefit may not commence employment until they have received written approval to do so from the Department of Social Protection.

Departmental Medical Assessors give a medical opinion on the medical eligibility requirements of the applied scheme. This opinion is given following careful evaluation of all submitted medical evidence at the time of the application, based on the Department’s evidence based medical protocols and guidelines.

In relation to partial capacity benefit a Medical Assessor not only assesses the extent of disability resulting from the certified cause of incapacity, but also the level of capacity, that is the reasonable functional ability within the remit of the illness.

In relation to partial capacity and cystic fibrosis which is a progressive condition, Medical Assessors would be inclined to assess with a knowledge of the natural progression and guarded prognosis of the illness. Not only would the functional capacity be deemed restrictive but also the duration of award in these cases would be longer i.e. the maximum of 3 years as per the scheme.

Jobseeker's Allowance Appeals

Questions (325)

Billy Timmins

Question:

325. Deputy Billy Timmins asked the Minister for Social Protection the position regarding a jobseeker's application in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [2289/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers and the comments of the Deciding Officer on the grounds of appeal was received in that office on 17th January 2013. 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.

State Pension (Contributory) Eligibility

Questions (326)

Bernard Durkan

Question:

326. Deputy Bernard J. Durkan asked the Minister for Social Protection the qualification requirements in respect of self-employed contributions for contributory old age pension; and if she will make a statement on the matter. [2356/13]

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Written answers

The qualification conditions for all social welfare schemes are available at www.welfare.ie .

It is a fundamental principle of our social insurance system that those qualifying for benefits must satisfy a range of contribution and other conditions. In the case of contributory pensions this involves commencing payment of contributions 10 years before pension age, payment of a minimum number of contributions at an appropriate rate and reaching a minimum average annual contribution rate. The State pension (contributory) is a valuable benefit and the conditions are designed to ensure that those qualifying have had a sufficient and on-going attachment to the social insurance system.

The qualification conditions for State pension for the self-employed are as follows:

The person must:-

- Have entered insurance before 56th birthday;

- Have a minimum of 520 full-rate paid contributions;

- Have paid a minimum of 1 year of self-employment contributions prior to 66th birthday;

- Have a yearly-average of at least 48 (for maximum SPC rate award) from the date of first payment of social insurance to the end of the last complete tax year prior to 66th birthday;

- Have a yearly average of at least 10 (for minimum SPC entitlement) (5 possible rate bands between 10-48);

- (Only) where the applicant commenced paying self-employment PRSI from 6/4/1988, in calculating their yearly-average, that date can be taken as the commencement date, if more advantageous.

A special pension for the self-employed was introduced in 1999 to enable people who were over age 56 at the time of the introduction of PRSI for the self-employed in 1988, and who could not therefore meet the standard qualifying conditions, to receive a contributory pension.

To qualify for the half rate pension a person must:-

- Have reached their 56th birthday before 6/4/1988;

- Have commenced paying self-employment PRSI on/after 6/4/1988;

- Have a minimum of 520 full-rate contributions paid since starting to pay self-employment contributions.

It is worth noting that the Actuarial Review of the Social Insurance Fund found that in terms of value for money, that the self-employed achieve better value for money compared to the employed – when the comparison includes both employer and employee contributions in respect of the employed person.

Question No. 327 withdrawn.

Invalidity Pension Appeals

Questions (328)

Pat Deering

Question:

328. Deputy Pat Deering asked the Minister for Social Protection when a person (details supplied) in County Carlow will receive a decision on their appeal for invalidity and if she will expedite a reply. [2402/13]

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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 1st June 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 5th December 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.

Questions Nos. 329 and 330 withdrawn.

Farm Assist Scheme Eligibility

Questions (331)

Michael Creed

Question:

331. Deputy Michael Creed asked the Minister for Social Protection if she will elaborate on the changes to the means test for farm assist which commences in April 2013; and if she will make a statement on the matter. [2418/13]

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Written answers

Support for farmers on low incomes is available through the farm assist scheme. At the end of last year there were 11,785 recipients on the scheme at a cost of €115 million. 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.

Social Welfare Benefits Waiting Times

Questions (332)

Thomas P. Broughan

Question:

332. Deputy Thomas P. Broughan asked the Minister for Social Protection the current waiting times for an application for State pension contributory; the number of applications currently waiting to be processed; and if she will make a statement on the matter. [2429/13]

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Written answers

Currently 97% of applications for State pension (contributory) are decided by their date of entitlement. The average waiting time for a decision on a State pension (contributory) application is 3 weeks.

Table: State pension (contributory) applications on hand:

SPC applications awaiting decision (17 January 2013)

New applications

Part processed applications

985

345

The Department is committed to ensuring that State pension (contributory) applications are processed as expeditiously as possible. As part of the Department’s programme of service delivery modernisation, a range of initiatives aimed at streamlining the processing of State pension (contributory) applications, supported by modern technology, have been implemented in recent years. Operational processes, procedures and the organisation of work are continually reviewed to ensure that processing capability is maximised.

I wish to assure the Deputy that the prompt processing of State pension (contributory) applications remains a priority for me.

Question No. 333 withdrawn.

Social Welfare Code Issues

Questions (334)

Marcella Corcoran Kennedy

Question:

334. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection if she will outline the social welfare entitlements for small businesses who have to close down; the social welfare payment that is available; is there any move to change the contribution classes for the self employed; and if she will make a statement on the matter. [2479/13]

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Written answers

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 is charged with, inter alia, examining and reporting 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.

Invalidity Pension Appeals

Questions (335)

Jerry Buttimer

Question:

335. Deputy Jerry Buttimer asked the Minister for Social Protection when a decision will issue on an appeal for invalidity pension in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [2488/13]

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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 10th 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 6th December 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.

Disability Allowance Appeals

Questions (336)

Paul Connaughton

Question:

336. Deputy Paul J. Connaughton asked the Minister for Social Protection when a decision will issue on an appeal for disability allowance in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [2494/13]

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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 he was medically unsuitable.

An appeal was registered on 19th December 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 Eligibility

Questions (337)

Róisín Shortall

Question:

337. Deputy Róisín Shortall asked the Minister for Social Protection the reason an entitlement to an invalidity pension is being questioned in the case of a person (details supplied) in Dublin 9 in view of the fact that this person received correspondence from her Department citing they were seeking a review of this entitlement before the claimant received their first payment; the rationale for this review; and if such a protocol is laid out in the operational guidelines for this payment. [2499/13]

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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 26 May 2011. The medical evidence provided by the claimant in support of her claim was examined by a medical assessor who was of the opinion that the person concerned was not eligible for invalidity pension as she did not satisfy the medical criteria. The application for invalidity pension was, accordingly, disallowed by a deciding officer on 14 October 2011. The applicant was notified of this decision and of her right to request a review of the decision and also of her right to lodge an appeal with the social welfare appeals office.

The person’s entitlement to invalidity pension was reviewed by a deciding officer and she was awarded an invalidity pension on 10 December 2012 from 26 May 2011.

As it is the opinion of a medical assessor of the Department, based on the medical evidence provided by the person concerned, that the claimant’s condition is or was likely to improve or stabilise, her claim has been sent for a routine medical review.

Invalidity recipients are routinely reviewed to confirm continuing eligibility.

Disability Allowance Eligibility

Questions (338)

Bernard Durkan

Question:

338. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for disability allowance in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [2505/13]

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Written answers

Following a review of the person’s continuing entitlement to disability allowance, certain issues came to light and payment was suspended in order to investigate the person’s residency, employment status and entitlement to disability allowance. The case was sent to a social welfare investigator to establish the person’s circumstances. The investigator’s report is now with a deciding officer for decision. The person will be notified in writing of the outcome of this decision within the next two weeks.

Carer's Allowance Appeals

Questions (339)

Bernard Durkan

Question:

339. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for carer's allowance in the case of a person (details supplied) in County Kildare who made their original application almost two years ago; and if she will make a statement on the matter. [2510/13]

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 02nd 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 09th 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.

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