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Thursday, 23 May 2013

Written Answers Nos. 84-92

Job Creation Data

Questions (84)

Peadar Tóibín

Question:

84. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the total number of the jobs retained, jobs created and jobs lost by companies supported by IDA Ireland, Enterprise Ireland and county enterprise boards. [24875/13]

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Written answers

The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the enterprise development agencies. Details of the total number of jobs created and lost in IDA and Enterprise Ireland client companies are set out in the attached tabular statement.

The County and City Enterprise Boards (CEBs) created 4,858 full-time and 3,772 other time jobs in 2012 while there were 4,602 full time and 3,003 other time job losses. Overall, the work of the CEBs during the year resulted in the creation of a net amount of 256 full time jobs and 769 other time jobs.

Table showing total number of jobs created and lost in IDA and Enterprise Ireland client companies in 2012

Permanent Employment

Number of Jobs Created

Number of Jobs Lost

IDA Ireland

136,505

12,722

6,152

Enterprise Ireland

145,460

12,861

9,523

Question No. 85 withdrawn.

Social Welfare Appeals Status

Questions (86)

James Bannon

Question:

86. Deputy James Bannon asked the Minister for Social Protection the reason for the delay in having an oral hearing which was adjourned, rescheduled in respect of a person (details supplied) in County Longford; the reason for the correspondence from her offices stating that it has been decided to hold an oral hearing, when in actual fact it is an adjournment of an oral hearing; and if she will make a statement on the matter. [24805/13]

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Written answers

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who decided to hold an oral hearing in this case.

The Oral Hearing was scheduled to be heard on 19th February 2013. At the hearing the person concerned, through his solicitor, requested an adjournment of the hearing pending the receipt of his file which had been requested but not yet received. The request for an adjournment was granted.

The Appeals Officer subsequently returned the file to Social Welfare Appeals Office to deal with a Freedom of Information request dated the 5th April 2013. This information was provided to the solicitor of the person concerned on the 24th April 2013.

I have been advised that the case has now been re-listed for an oral hearing to be held as soon as possible and the appellant will be informed when arrangements have been made.

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.

Supplementary Welfare Allowance Eligibility

Questions (87)

Caoimhghín Ó Caoláin

Question:

87. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the criteria used to assess a person's eligibility for supplementary welfare allowance diet supplement; if the means threshold used in this assessment has not changed since 2007; if she will immediately address this situation; and if she will make a statement on the matter. [24808/13]

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Written answers

Under the supplementary welfare allowance scheme, a diet supplement may be paid to a person who is receiving a social welfare or health service executive payment where a special diet is prescribed as a result of a specified medical condition and they satisfy a means test.

The amount of diet supplement payable in individual cases is calculated by assessing one-third (single people) or one-sixth (couples joint weekly means) of the applicant's weekly income, excluding any amounts of benefit or assistance payable in respect of any child dependants against the cost of the relevant diet.

The last study into the cost of specialised diets was carried out in 2007. Accordingly when diet supplement payments for qualifying individuals are being calculated the social welfare rates for 2007 are used.

The Department is currently undertaking a review of the diet supplement scheme which will be completed in the coming months.

Invalidity Pension Appeals

Questions (88)

Tom Fleming

Question:

88. Deputy Tom Fleming asked the Minister for Social Protection the measures she has taken to address the unacceptable waiting lists for invalidity pension appeals; the timeframe to process these appeals; and if she will make a statement on the matter. [24824/13]

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Written answers

I am advised by the Social Welfare Appeals Office that the current average time taken to process invalidity pension appeals decided by summary decision is 34.1 weeks and 45.7 weeks for those requiring an oral hearing. These processing times are calculated from the registration date of the appeal to the date of its finalisation. They include all activities during this period including time spent awaiting any clarification from the appellant, time in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant, and any further investigation, examination or assessment by the Department’s Inspectors and Medical Assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process. While this process carries an inherent delay in terms of finalising an appeal, it also crystalizes the flexibility and accessibility of the appeals system.

There has been a rapid and sustained increase in the number of appeals received in the Social Welfare Appeals Office since 2009 which has placed extraordinary pressure on the office. Up to 2009, the average number of appeals received was 15,000 per annum whereas in 2012, the office received 35,484 appeals. In the case of Invalidity Pension appeals, the numbers of appeals received has increased from 642 in 2009 to 4,765 in 2012. In order to manage this increasing workload, significant resources and efforts have been put into reducing backlogs and improving appeals processing times for appellants, including the assignment of 15 additional Appeals Officers, reviewing and improving business processes and implementing a new operating model within the appeals office. In addition, a major programme of process redesign and modernisation is currently underway in the Department in relation to many scheme areas, aimed at reducing backlogs and reducing the time taken for the Department to respond to requests from the SWAO for submissions in relation to appeals.

These measures have led to improvements in processing times and a significant increase in the number of appeals finalised from 17,787 in 2009 to 32,558 in 2012. The Chief Appeals Officer expects to finalise 6,000 more cases in 2013 than in 2012. The number of invalidity pension appeals finalised has increased from 485 in 2009 to 1,991 in 2012.

Processing times for all appeal types reduced by 10.3 weeks overall in 2012 when compared to 2011, with the time taken to finalise an appeal requiring an oral hearing down by 13 weeks and the time for an appeal decided by way of a summary decision up by 2.7 weeks.

In the case of invalidity pension appeals, processing times for appeals requiring an oral hearing were down by 10.2 weeks over 2011, while the time taken for summary decisions increased by 2.4 weeks.

By its nature and because it is a quasi-judicial function, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.

Carer's Allowance Delays

Questions (89, 95)

Tom Fleming

Question:

89. Deputy Tom Fleming asked the Minister for Social Protection the measures she has taken to address the unacceptable waiting lists for carer's allowance applicants; the timescale to process these applications; the number of applications received for each of the past three years; the number that were granted, refused and under appeal; and if she will make a statement on the matter. [24827/13]

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Tom Fleming

Question:

95. Deputy Tom Fleming asked the Minister for Social Protection his views on whether it is fair and reasonable for carer's allowance applicants to have to wait up to 12 months to have their claims processed; her views on whether it is fair and reasonable for applicants who have given up their job to care for someone on a full-time basis to have to wait more than 12 months to receive payment; and if she will make a statement on the matter. [24954/13]

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Written answers

I propose to take Questions Nos. 89 and 95 together.

The Department is committed to ensuring that claims are processed as expeditiously as possible. The waiting lists and processing times for carer’s allowance were unacceptable in 2012 but significant improvements have been made in the past year by my Department. The backlog of carer’s allowance applications has been eliminated and processing times have improved greatly, with new applications now being actioned on receipt and claims received in the last 6 months are now decided within 10 weeks.

The total number carer’s allowance applications which were awaiting decision at mid-June 2012 were approximately 11,600. At present, the number is approximately 3,300 cases. Most of these applications are already processed and awaiting further information from customers or have had decisions and are part of the review/appeals process.

In relation to people who leave the workforce to care for a person who is in need of full-time care and attention, carer’s benefit may be a more suitable scheme. Complementing the carer’s benefit scheme is carer’s leave which allows a person to leave their employment temporarily for up to 104 weeks to provide full-time care for people in need of full-time care and attention. The leave is unpaid but people who take carer’s leave have their jobs kept open for the duration of the leave. The current average processing time for a carer’s benefit claims is 9 weeks.

The Table below provides details of the number of carer’s allowance applications received for each of the past three years, and the number that were decided, granted, refused and withdrawn.

Year

Number Registered

Number Decided

Number Awarded

Number Disallowed

Number Withdrawn

2010

18,212

16,629

8,769

6,972

888

2011

17,758

13,886

7,467

5,227

1,192

2012

15,493

18,483

9,880

6,828

1,775

I am informed by the Social Welfare Appeals Office that there were 3,025 carer’s allowance appeals registered in that office in 2010, 2,199 carer’s allowance appeals registered in 2011 and in 2012 the number registered was 2,676.

Question No. 90 withdrawn.

Social Welfare Benefits Eligibility

Questions (91)

Martin Ferris

Question:

91. Deputy Martin Ferris asked the Minister for Social Protection if the continued practice by social welfare staff to refuse family payments based on the habitual residency clause is compatible with EU law; and if she will make a statement on the matter. [24860/13]

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Written answers

The social welfare entitlements of EU citizens who come to live and work in Ireland are governed by EU Regulations on the coordination of social security systems. A key requirement of these regulations is that EU citizens living and working here must be accorded equal treatment with Irish citizens. The regulations are viewed by the EU as an important element in the arrangements in place to encourage and facilitate free movement across the Union. The regulations coordinate social security schemes across the EU but the design, qualifying conditions and funding arrangements of national schemes remain a national competence.

Family benefits can be awarded on the basis of either EU Regulations or domestic legislation. The former applies where a person comes here from another EU/EEA state and takes up insurable employment. In such cases Article 7 of Regulation 883/2004 applies which provides for, in most circumstances, the waiving of residence provisions in domestic social security legislation. Such people are entitled to child benefit in respective of their children resident here or in the home country. Where EU Regulations do not apply (mainly where there is no EU cross-border element to the claim) decisions are made purely on the basis of domestic legislation. This includes the Habitual Residence Condition (HRC) which is based on principles that have been set down in judgements given by the Court of Justice of the EU.

A person must be habitually resident in the State at the time of making the application for the following: blind pension, carer's allowance, child benefit, disability allowance, domiciliary care allowance, guardian's payment (non contributory), jobseeker's allowance, one parent family payment, state pension (non contributory), supplementary welfare allowance (other than once off exceptional and urgent needs payments) and widow(er)'s non contributory pension.

The HRC does not extend to the provisions regarding an increase for qualified dependants (e.g. spouse or children), which means that the qualified dependants are not required to satisfy the habitual residence condition in their own right.

Domiciliary Care Allowance Appeals

Questions (92)

Brendan Griffin

Question:

92. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a decision on a domiciliary care allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [24876/13]

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Written answers

An application for domiciliary care allowance was received for the person concerned on the 3rd August 2012. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on the 26th September 2012 advising of the decision.

The person concerned subsequently lodged an appeal on the 6th November against this decision. As part of the appeal process, the case was reviewed on two occasions as the person concerned supplied additional further medical evidence 21st March 2013, the Medical Assessors confirmed that the child was not medically eligible for the allowance. The last assessment was provided on the on the 17th May 2013. The file is now forwarded to the Social Welfare Appeals Office for consideration of the appeal.

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