Written Answers Nos. 121-128
121. Deputy Denis Naughten asked the Minister for Social Protection if self employed persons who are receiving jobseeker's allowance are eligible to apply for community employment schemes; and if she will make a statement on the matter. [15758/13]
View answerThe aim of CE remains as an active labour market programme with the emphasis on progression into employment and/or further education and training. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. The main cohort of CE participants is made up of the long-term unemployed in receipt of jobseekers allowance.
While it is possible for a self-employed person to meet the basic criteria of receipt of a CE-qualifying payment (specifically jobseekers allowance) for the requisite period of time (12 months), they may not meet the criteria of being unemployed during that qualifying period. The maximum amount of worked days permissible for jobseeker clients is 30 days within the 12-month qualifying period. If a self-employed person is in receipt of jobseekers allowance and meet the criteria outlined above they can be considered for CE. Those who do not meet the CE eligibility criteria are advised to contact their local DSP Employment Services Office where an Employment Services Officer will be happy to discuss the employment and training options that are open to them.
122. Deputy Robert Troy asked the Minister for Social Protection if she will expedite a carer's allowance application in respect of a person (details supplied). [15760/13]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 12th December 2012. This application was referred to one of the Department’s medical assessors who was of the opinion that the caree was not medically eligible for carer’s allowance. The person in question was also working in excess of 15 hours per week. Therefore the application was disallowed, and the person concerned was notified of this decision on 13th of March 2013, the reasons for it and of her right of review or appeal.
123. Deputy Sean Fleming asked the Minister for Social Protection when an application for an invalidity pension will be granted in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [15767/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th September 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by 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 19th March 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.
124. Deputy Sandra McLellan asked the Minister for Social Protection if she will expedite and approve a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [15769/13]
View answerPayment of disability allowance, to the person concerned, was refused by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that she was medically unsuitable for disability allowance.
I am advised by the Social Welfare Appeals Office that an appeal has been opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was medically unsuitable. In the light of this, the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal have been 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.
125. Deputy Sandra McLellan asked the Minister for Social Protection if an Irish person who worked in England for a number of years but now lives here can claim fuel allowance from England; and if she will make a statement on the matter. [15785/13]
View answerThe European Court of Justice has recently ruled that pensioners living outside the United Kingdom who are receiving a UK State pension are entitled to be paid the UK winter fuel payment. This fuel payment is an annual tax-free payment made to eligible people to help towards their winter heating costs. It is a lump sum and in most cases is paid automatically, but some people need to claim. The total amount of winter fuel payment can vary from £100 - £300 sterling having regard to age and household composition. Most payments are made between mid- November and December in a given year. A person’s entitlement to this payment is a matter for the authorities in the United Kingdom and my Department cannot advise on the eligibility of individual applicants. My Department has made arrangements to publicise the eligibility conditions and application procedure for the UK winter fuel payment on its website and through the Citizens Information website. The information has also been made available via Twitter.
The implications of this ECJ judgment are currently being examined, in particular the implications for eligibility for the fuel allowance in Ireland which is paid on the basis that an applicant is unable to provide for his or her own heating needs.
126. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a jobseeker's allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [15790/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22nd March 2013. 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 25th March 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.
127. Deputy Willie O'Dea asked the Minister for Social Protection the measures she has put in place to ensure that employers will raise the retirement age to correspond with the State pension age from 2014. [15807/13]
View answerState pension reform is essential to ensure sustainability and to address the challenges of changing demographics including increasing life expectancy. The abolition of State pension transition and the standardisation of the pension age at 66 from 2014 is part of a series of measures aimed at improving the sustainability of pensions in the future. Growing numbers of people want to work or may need to work beyond the State pension age as people are living longer. The abolition of State pension transition removes the retirement condition which acts as an incentive to leave the workforce and has been widely criticised as a barrier to older people remaining in employment. Recipients of State pension contributory can continue to work.
There is no statutory compulsory retirement age for employees in Ireland. In relation to the employment relationship, responsibility for setting retirement age is a matter for the employer/employee relationship and the contract of employment. The Court of Justice of the European Union (CJEU) has made rulings in a series of age-discrimination cases concerning Directive 2000/78/EC, which prohibit work-related discrimination on various grounds, including age. The CJEU has clarified that mandatory retirement ages may be set down by employers within the context of national law, whether by contract, custom and practice or other means, which must be objectively and reasonably justified by a legitimate social policy aim, with the means of achieving that aim being both appropriate and necessary. Enterprise policy and equality issues come within the respective remit of my colleagues, the Minster for Jobs Enterprise and Innovation and the Minister for Justice and Equality.
An interdepartmental Working and Retirement Group was initiated to consider the cross departmental policy issues arising that may support longer working and thereby improve the sustainability and adequacy of pensions systems. The interdepartmental group, established in August 2012, is chaired by the Department of Social Protection, and includes representatives from the Department of Social Protection, the Department of Jobs, Enterprise and Innovation, the Department of Justice and Equality, the Department of Public Expenditure and Reform and the Pensions Board. Further engagement has also been undertaken with the Department of Education and Skills and the Department of Health and Children.
The issues under consideration are the broad range of issues impacting on the labour market participation of older workers; enterprise issues, employment and equality law issues; proposals regarding deferral of the state pension, and consideration of occupational pension issues. It is expected that the Group will prepare preliminary proposals detailing measures which may encourage participation and retention in the labour market of older workers and present proposals to Government in the near future.
