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Tuesday, 23 Apr 2013

Written Answers Nos. 371-389

Jobseeker's Allowance Eligibility

Questions (371)

Bernard Durkan

Question:

371. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will set out the entitlement to job seeker's benefit and or job seeker's allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18714/13]

View answer

Written answers

The person concerned is currently in receipt of jobseeker's allowance of €97 per week. This is based on the maximum rate of €100 per week for a single person aged 18 to 21 years, less an assessment of €3 per week for benefit and privilege as he lives with his parents in the family home. The benefit and privilege assessment is based on the level of the parents’ income. The person concerned does not have an entitlement to jobseeker's benefit as he does not have a minimum of 104 contributions paid since entering insurable employment.

Gender Recognition

Questions (372)

Andrew Doyle

Question:

372. Deputy Andrew Doyle asked the Minister for Social Protection the steps he has taken on legislation regarding gender recognition; and if she will make a statement on the matter. [18718/13]

View answer

Written answers

The Gender Recognition Advisory Group (GRAG) was established in 2010 to advise the Government on the legislation required to give legal recognition to the acquired gender of transgender persons. The Group engaged in a public consultation exercise which provided organisations and individuals with the opportunity to contribute their comments and proposals. The Report of the Group, which recommended a scheme for the legal recognition of transgender persons, was approved by the Government on 12 July 2011, and was subsequently published on 14 July 2011. Since the publication of the Report, the Department has been working on developing draft Heads of a Gender Recognition Bill. In this context, it has engaged in discussions with the relevant medical health professionals and with representatives from interested NGOs.

Given the legal complexities involved in relation to some of the GRAG recommendations relating to the marital and civil partnership status of individuals, in March 2012 the Department sought advice from the Office of the Attorney General, which in turn sought the legal opinion of external counsel on these issues. The formal opinion of the Attorney General was received in December 2012 and is currently under consideration by officials in this Department with a view to progressing the draft Heads of the Bill.

There are a range of complex and sensitive issues involved in this proposed legislation to give legal recognition to the acquired gender of transgender persons. I have requested the Oireachtas Committee on Education and Social Protection to consider the provisional draft Heads of Bill once they are completed. I feel that the committee can make a very positive contribution to the preparation of the legislation and I hope that my officials’ appearance before the committee can be scheduled before the summer. I believe this approach should greatly assist the drafting of the legislation and its progress through the Oireachtas. When the Oireachtas committee has discussed the provisional draft heads of Bill I will be in a better position to give a timeframe for the introduction of the legislation.

Rent Supplement Scheme Payments

Questions (373)

Bernard Durkan

Question:

373. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when rent supplement will issue in the case of a person (details supplied) in County Kildare; the progress to date in determination of this application; and if she will make a statement on the matter. [18739/13]

View answer

Written answers

There is no record of a Rent Supplement application from the person concerned. If the person concerned wishes to apply for Rent Supplement in Co. Kildare they must submit their documents to the Central Rents Unit, PO Box 11758, Dublin 24.

Invalidity Pension Applications

Questions (374)

Patrick O'Donovan

Question:

374. Deputy Patrick O'Donovan asked the Minister for Social Protection further to Parliamentary Question No. 630 of 16 April 2013, the maximum time an applicant for invalidity pension is currently waiting to have their application process concluded; and if she will make a statement on the matter. [18751/13]

View answer

Written answers

There is no backlog of new invalidity pension claims. All new invalidity pension claims are processed on receipt and a decision issues as soon as all relevant information is available. At end of March 2013 there were 2,627 invalidity pension claims pending decision all of which have been actioned by a deciding officer. Some 660 of these invalidity pension cases are EU/Bilateral cases which are awaiting information from another country or EU state and these take considerably longer than domestic cases to finalise. In addition, claimants who following a negative decision on their claim, exercise their right of review and/or appeal can take significantly longer to process. The processing time for individual claims can vary depending on the complexity of the claimant’s circumstances and the information they provide in support. In many cases, further information is required in order to make a decision, for example, a medical assessment, information from the claimant themselves or a report from a social welfare inspector on outstanding PRSI contributions or other issues.

Disability Allowance Applications

Questions (375)

Patrick O'Donovan

Question:

375. Deputy Patrick O'Donovan asked the Minister for Social Protection further to Parliamentary Question No. 629 of 16 April 2013, the maximum time an applicant is waiting to have the assessment process for disability allowance concluded; and if she will make a statement on the matter. [18752/13]

View answer

Written answers

The earliest new application for disability allowance which is awaiting action by a deciding officer was received on the 23 July 2012. That application has, however, been medically assessed at this point. A recent analysis of the applications pending decision indicated that approximately 60% of them had been waiting for a decision for 12 weeks or fewer. The general practice is that claims are decided in date of receipt order. However in some instances priority is given to certain claims, for example, claims received from 16 year olds whose parents/guardians had been in receipt of domiciliary care allowance or in cases where claimants are very ill. The processing time for individual claims can vary depending on the complexity of the claimant’s circumstances and the information they provide in support. In many cases, further information is required in order to make a decision for example a medical assessment, information from the claimant or applicant themselves or a report from a social welfare inspector.

Carer's Allowance Delays

Questions (376)

Patrick O'Donovan

Question:

376. Deputy Patrick O'Donovan asked the Minister for Social Protection further to Parliamentary Question No. 627 of 16 April 2013, the maximum time an applicant is awaiting processing for carers allowance and carers benefit; and if she will make a statement on the matter. [18753/13]

View answer

Written answers

The backlog of carer’s allowance applications has been cleared and we are currently in the process of finalising cases that still need additional information. In respect of carer’s allowance, the earliest application which is awaiting deciding officer action was received on 23 January 2013. That application has been medically assessed. For carer’s benefit, the earliest claim awaiting action by a deciding officer was received on 3 April 2013. It should be noted that the processing time for individual claims can vary depending on the complexity of the claimant’s circumstances and the information they provide in support of their application. In many cases, further information is required in order to make a decision, for example, a medical assessment, information from the claimant or applicant themselves or a report from a social welfare inspector.

Domiciliary Care Allowance Appeals

Questions (377)

John McGuinness

Question:

377. Deputy John McGuinness asked the Minister for Social Protection if an appeal for domiciliary care allowance in respect of a person (details supplied) in County Kilkenny will be expedited; and if she will make a statement on the matter. [18763/13]

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 12 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 15 April 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.

Domiciliary Care Allowance Applications

Questions (378)

Martin Ferris

Question:

378. Deputy Martin Ferris asked the Minister for Social Protection when a decision on an application for domiciliary care in repsect of a person (details supplied) will be made. [18771/13]

View answer

Written answers

An application for Domiciliary Care Allowance was received from the person concerned on 19 February 2013. This application was referred to one of the Department’s Medical Assessors who found that the child was medically eligible for the allowance. The person concerned was notified on 19 April 2013 that her claim was awarded. The first payment including arrears will issue to her on 21 May 2013.

Questions Nos. 379 and 380 withdrawn.

Public Sector Pensions Levy

Questions (381)

Robert Troy

Question:

381. Deputy Robert Troy asked the Minister for Social Protection if the pension related deductions are due to be abolished by next year; and if she will make a statement on the matter. [18779/13]

View answer

Written answers

All matters relating to salaries and pensions of public servants, including the pension-related deduction from the remuneration of public servants, introduced via the Financial Emergency Measures in the Public Interest Act 2009, are a matter for the Minister for Public Expenditure and Reform.

Carer's Allowance Applications

Questions (382)

Jim Daly

Question:

382. Deputy Jim Daly asked the Minister for Social Protection the position regarding a carer's allowance application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18780/13]

View answer

Written answers

I confirm that the department received an application for Carer’s Allowance from the person in question on 8 September 2011. The application was disallowed on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in legislation, she was not providing full time care and attention as required and that there is no system of communication between the carer’s and care recipient’s households. She was notified of this decision, the reasons for it and of her right of review or appeal.

The person in question requested a review of this decision and submitted additional medical evidence in support of the application on 18 August 2012. This evidence was forwarded to the Department’s medical assessor for consideration who, upon reviewing the evidence, found that care recipient is in need of full time care and attention. However, a deciding officer still found that there was no system of communication between households and that full time care and attention conditions were not met. She was notified of this revised decision on 23 January 2013 and 11 April 2013. Following a request for a review of this revised decision her file was sent to a different Social Welfare Inspector. This review has now been completed and the application is currently with a deciding officer who will notify the person in question directly of the outcome.

Unemployment Levels

Questions (383)

Seán Ó Fearghaíl

Question:

383. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will provide details of the current level of unemployment, including details of long-term unemployment, on a county-by-county basis; and if she will make a statement on the matter. [18791/13]

View answer

Written answers

The latest figures for the Live Register relate to end March 2013. The number of persons on the Live Register on 29 March 2013 was 425,088. The overall number of persons on the register for more than one year was 187,896 or 44.2%. The number of persons on the Live Register by county is provided in the table below, along with the breakdown of those persons on the register for less than a year and for more than a year for each county.

County

< 1 year

> 1 year

Total

% of LT Cases

Longford

2,480

2,544

5,024

50.64%

Limerick

10,042

8,995

19,037

47.25%

Wexford

9,777

8,703

18,480

47.09%

Offaly

4,891

4,250

9,141

46.49%

Laois

4,767

4,084

8,851

46.14%

Waterford

7,576

6,379

13,955

45.71%

Kilkenny

3,924

3,286

7,210

45.58%

Wicklow

6,644

5,506

12,150

45.32%

Dublin

56,042

45,955

101,997

45.06%

Clare

5,428

4,441

9,869

45.00%

Cavan

3,896

3,182

7,078

44.96%

Louth

9,366

7,617

16,983

44.85%

Westmeath

5,711

4,628

10,339

44.76%

Donegal

11,705

9,159

20,864

43.90%

Sligo

2,865

2,237

5,102

43.85%

Meath

6,048

4,720

10,768

43.83%

Galway

12,551

9,653

22,204

43.47%

Roscommon

2,301

1,751

4,052

43.21%

Kildare

10,472

7,932

18,404

43.10%

Leitrim

1,880

1,421

3,301

43.05%

Mayo

7,295

5,467

12,762

42.84%

Carlow

4,028

3,008

7,036

42.75%

Monaghan

3,736

2,776

6,512

42.63%

Tipperary

9,519

6,976

16,495

42.29%

Cork

24,151

17,309

41,460

41.75%

Kerry

10,097

5,917

16,014

36.95%

Total

237,192

187,896

425,088

44.20%

Disability Allowance Appeals

Questions (384)

Seán Ó Fearghaíl

Question:

384. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an appeal for disability allowance in respect of a person (details supplied); and if she will make a statement on the matter. [18818/13]

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 19 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. These papers were received in the Social Welfare Appeals Office on 16 April 2013 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.

Social Welfare Code

Questions (385)

Seamus Healy

Question:

385. Deputy Seamus Healy asked the Minister for Social Protection if he will amend the regulation that prevents recipients of BASI from community welfare officers, from availing of two weeks holidays with payment that is available to recipients of other social welfare payments; and if she will make a statement on the matter. [18855/13]

View answer

Written answers

There is no provision within the supplementary welfare allowance (SWA) legislation to allow for payment to continue to persons outside the State. Recipients of SWA are advised to contact the officer dealing with their claim where there is a change in their circumstances which includes travel outside the State. I have no plans to change the conditions under which SWA is payable.

Question No. 386 answered with Question No. 338.

Departmental Staff Remuneration

Questions (387)

Finian McGrath

Question:

387. Deputy Finian McGrath asked the Minister for Social Protection if he will provide in tabular form the number of civil/public servants under the remit of his Department who earn more than €500,000, between €400,000-€500,00, €300,000 - €250,000, €250,000 - €200,000, €200,000 - €150,000, €150,000 - €100,000, €100,000 - €80,000, €80,000 - €60,000, €60,000 - €40,000 and less than €30,000. [18875/13]

View answer

Written answers

The table below shows the number of staff in the Department within each of the salary ranges as at week ending 16 March 2013. Current details for the bodies under the aegis of the Department are also provided.

Salary Band

Number of Staff in band

Dept of Social Protection

Citizens Information Board

Pensions Board

Pensions Ombudsman

Over €200,000

0

0

0

0

€150,000 - €200,000

3

0

1

0

€100,000 - €150,000

22

2

4

1

€80,000 - €100,000

110

6

4

1

€60,000 - €80,000

312

9

6

3

€40,000 - €60,000

2742

36

16

2

€30,000 - €40,000

2052

11

12

0

Less than €30,000

1806

26

4

2

These figures include persons who are on reduced wages due to work sharing patterns. The statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Board, the Office of the Pensions Ombudsman and the Social Welfare Tribunal. The Social Welfare Tribunal does not have any permanent staff assigned to it.

Community Employment Schemes Places

Questions (388)

Heather Humphreys

Question:

388. Deputy Heather Humphreys asked the Minister for Social Protection if she will provide a breakdown on a county basis of where the 10,000 additional community employment places announced in Budget 2013 have been allocated; and if she will make a statement on the matter. [18905/13]

View answer

Written answers

The 10,000 additional activation places announced in Budget 2013 are broken down as follows:

- 2,000 additional Community Employment places (being drawn down on request by existing CE projects nationally, as detailed below)

- 2,500 additional Tús places (focussed on high-demand areas using existing Local Development Companies)

- 2,500 additional JobBridge places nationally

- 3,000 on the new Local Authority social employment scheme (not yet operational).

The process for Community Employment Sponsors applying for additional places is still ongoing at present and I have included a summary breakdown by Departmental Division (region) of the position as at Friday 19 April 2013 below.

Division

Total

County

North West

57

Donegal, Leitrim, Sligo

Midlands North

82

Longford, Meath, Roscommon, Westmeath

Mid Leinster

110

Carlow, Kildare, Wicklow

Midlands South

137

Kilkenny, Laois, Offaly, Tipperary

Mid-West

21

Clare, Limerick

West

34

Galway, Mayo

South East

104

Waterford, Wexford

Cork City

106

-

South West

66

Cork County (excl. Cork City), Kerry

Dublin South

72

-

Total

789

The 2,000 additional places for the Community Employment (CE) programme announced in Budget 2013 will be an ongoing commitment to the programme and will increase the overall number of CE places to 25,300 inclusive of Supervisor posts. These places are being approved on a phased basis from the end of January to the end of the year, in line with the overall CE budget allocation. Schemes have been notified of the availability of these additional places and the application process.

The allocation of the 2,000 CE places will be informed by the following criteria:

- The population of long-term unemployed persons in each regional Division of the Department, the number of claimants on Jobseeker's Allowance, lone parents and disability claimants in receipt of a welfare payment for 52 weeks or more.

- Priority will be given to schemes and organisations who are involved in the delivery of community child-care services, social and health-care services for people with a disability. This is in order to support the provision of these services and offer training qualifications and work experience to CE participants. An allocation of 500 of the additional places will be reserved for child-care support and 500 of the additional places for social and health-related services.

- Priority will be given to applicants who are involved in Drug Rehabilitation Services and who consider participation on CE to be a further step in this process. Additional CE places will be made available to respond to new proposals.

- To encourage innovation, new approaches and models of delivery will be encouraged from organisations who are experienced in addressing the needs of long-term unemployed. Approximately 100 places will be reserved for such proposals. However, this will be reviewed on the basis of the quality of applications received.

- The balance of places will be made available to schemes who can demonstrate a clear justification on the basis of quality of service and performance.

- For all applications, priority will be given to schemes and organisations who can demonstrate a track record in the development and progression of participants into employment.

The standard CE eligibility criteria will apply to participants taking up these additional places. Persons in continuous receipt of a CE-qualifying social welfare payment for at least 52 weeks are eligible to apply for participation on CE. The duration on CE will be determined by the profile of the CE participant as is currently the case. The Department is committed to the continuing improvement of CE to ensure value for money, progression of the job seeker and support for communities.

Family Income Supplement Eligibility

Questions (389)

Jack Wall

Question:

389. Deputy Jack Wall asked the Minister for Social Protection if changes in a persons (details supplied) in County Kildare one parent family allowance payment will be taken into account when their family income supplement will be reviewed; and if she will make a statement on the matter. [18909/13]

View answer

Written answers

The Family Income Supplement (FIS) payment is designed to provide cash income for employees with families who are on low earnings. Once the level of FIS payment is determined, it continues to be payable at that rate for a period of 52 weeks, provided that the person remains in full-time employment. The rate of payment may be increased if an additional child is born in the course of the 52 weeks. On the other hand, the rate of payment will not change if there is an increase or decrease in the recipient’s earnings or other income. When the 52 week period has expired, customers are invited to re-apply. If at that stage they continue to satisfy the basic qualifying conditions their up-to-date family income is assessed for FIS purposes and a change in rate is approved if appropriate.

In the case of the person concerned their last 52 week payment period for FIS expired on 13 March 2013. The income assessment for their renewal application was based on their family income as it stood in March 2013 and initially their application was refused as the weekly family income exceeded the prescribed income level for the family size. However, it has subsequently transpired that their rate of One Parent Family Payment is being reduced from 25 April 2013. Accordingly their family income has been re-assessed and FIS has now been awarded at the weekly rate of €20 for the 52 week period from 25 April 2013 to 23 April 2014. The person concerned will be notified directly of this decision.

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