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Thursday, 23 May 2013

Written Answers Nos. 93-101

Rent Supplement Scheme Payments

Questions (93)

Bernard Durkan

Question:

93. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the amount of rent supplement paid in the case of a person (details supplied) in County Kildare in view of the fact that their landlord refuses to decrease the monthly rent paid any further; and if she will make a statement on the matter. [24888/13]

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Written answers

The person concerned has been made aware of the rent limit since November 2012 and permitted to remain in her current property at a higher rent limit until the expiration of her lease in May 2013 in order to negotiate with the landlord or find alternative accommodation – no exceptional circumstances have been presented to the Department in relation to the person concerned. The Department has been in contact with this person on numerous occasions during that six month period and the Department continues to be in contact with the person concerned.

Disability Allowance Appeals

Questions (94)

Ciaran Lynch

Question:

94. Deputy Ciarán Lynch asked the Minister for Social Protection when a decision will issue on a disability allowance application in respect of a person (details supplied) in county Cork; and if she will make a statement on the matter. [24896/13]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision dated 8 March 2013.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed in the light of new evidence or new facts. As the person concerned has submitted additional evidence, the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of his appeal has been finalised.

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

Question No. 95 answered with Question No. 89.

Rent Supplement Scheme Applications

Questions (96)

Bernard Durkan

Question:

96. Deputy Bernard J. Durkan asked the Minister for Social Protection the options available in the case of a person (details supplied) in County Kildare whose landlord has not reduced the rent in accordance with the request from her Department and who is unable to obtain a lower costing rental accommodation due to housing scarcity in the area; and if she will make a statement on the matter. [24983/13]

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Written answers

The person concerned has been notified that her rent supplement payment will cease on 31/05/2013. It is open to the person concerned to appeal this decision to the Social Welfare Appeals Office. In addition, the person concerned may submit a fresh application should her circumstances change, if the rent on her present accommodation is reduced or if she moves to alternative accommodation within the defined rent limits for her family composition.

Questions Nos. 97 and 98 withdrawn.

Back to School Clothing and Footwear Allowance Scheme Eligibility

Questions (99)

Bernard Durkan

Question:

99. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when back to school allowance is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24987/13]

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Written answers

The 2013 Back to School Clothing and Footwear Allowance (BSCFA) scheme will commence on 1 June 2013 and the administrative arrangements are similar to those that applied in 2012, with an expected 115,000 claims fully automated with no application form required. Customers being paid automatically will receive a letter in June informing them of their entitlement and notifying them that payment will issue in week commencing 15 July. Customers will be able to collect their BSCFA payment on the same day as their normal weekly payment.

The customer concerned was paid the BSCFA automatically in 2012 in respect of his 2 children. If the customer does not receive a letter confirming his entitlement by June 28 he should submit an application form. Application forms will be available after the letters of entitlement issue in the third week of June.

Mortgage Interest Supplement Scheme Appeals

Questions (100)

Bernard Durkan

Question:

100. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which an application for mortgage support has been examined and determined in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24988/13]

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Written answers

A decision to refuse mortgage interest supplement in December 2011 was upheld by the Social Welfare Appeals Office in July 2012. While no new application has been received, it remains open to the person concerned to re-apply for mortgage interest supplement if her circumstances have changed.

Employment Rights

Questions (101)

Martin Ferris

Question:

101. Deputy Martin Ferris asked the Minister for Social Protection if she will state the EU's definition of a migrant worker. [25014/13]

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Written answers

There is no legal definition of a migrant worker in EU law relating to the coordination of social security schemes. However, any national of a Member State has, irrespective of their place of residence, the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State. This is subject to some transitional arrangements for new EU States.

The Court of Justice of the EU has defined a worker as a person who pursues an activity which is effective and genuine, with the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary. The essential characteristic of the employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he/she receives remuneration.

Separately to the EU provisions, the Council of Europe, in the European Convention on the Legal Status of Migrant Workers defines a migrant worker as “a national of a contracting party who has been authorised by another contracting party to reside in its territory in order to take up paid employment”.

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