Written Answers Nos. 411-426
411. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the position regarding an appeal for carer's allowance in respect of a person (details supplied) in County Westmeath; and when they may expect a decision on their case. [26875/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17 May 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. When received, the appeal in question will be referred in 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.
412. Deputy Maureen O'Sullivan asked the Minister for Social Protection the total cost of discretionary payments made to asylum seekers in 2012, including the weekly cash allowance and exceptional needs payments; and if she will make a statement on the matter. [26842/13]
View answerThe needs of asylum seekers are catered for under the direct provision system operated by the Reception and Integration Agency of the Department of Justice and Equality. Under the system asylum seekers are provided with full board accommodation and other facilities such as laundry services and access to leisure areas. To take account of the services provided, a direct provision allowance of €19.10 per adult per week and €9.60 per child per week is payable in respect of any personal requisites required. The payment of the weekly direct provision allowance is made on an administrative basis by this Department on behalf of the Department of Justice and Equality. Expenditure for weekly direct provision allowance in 2012 was some €4.5 million.
Following the introduction of the statutory habitual residence condition in May 2004 and subsequent legislation, asylum seekers are not entitled to receive most social welfare payments. It continues to be open to any asylum seeker to seek assistance for a particular once-off need by way of an exceptional needs payment (ENP) under the supplementary welfare allowance scheme as contained in Section 201 of the Social Welfare Consolidation Act 2005. There is no automatic entitlement to an exceptional needs payment as each application is determined based on the particular circumstances of the case. Statistics are not available on the total cost of ENPs for asylum seekers.
413. Deputy Niall Collins asked the Minister for Social Protection the position regarding an application for invalidity pension in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [26883/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5 February 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 20 May 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.
414. Deputy Patrick Nulty asked the Minister for Social Protection if her Department intends to implement the recommendations contained within the report Not Fair Enough published by FLAC in 2012 in relation to the social welfare appeals process. [26852/13]
View answerThe Social Welfare Appeals Office is a separate executive office with its own premises and staff which operates independently of the Department and the Minister. One of the recommendations relates to the independence of the SWAO. The appeals process has a statutory basis in both primary and secondary legislation and Appeals Officers are quasi-judicial officers and are required to be free and unrestricted in discharging their functions. As far back as 1958, the Supreme Court found that Appeals Officers are required to free and unrestricted in the performance of their duties. The high level of appeals allowed (54% in 2012) is evidence of the independence of the process. There are no plans to take legislative steps to change the method by which Appeals Officers are appointed.
The report also criticises the delays being experienced by appellants. There was a rapid and sustained increase in the number of appeals from 2009 to date which has placed extraordinary pressure on the SWAO. Significant resources and efforts have been put into reducing backlogs and improving processing times for appellants, including the assignment of 15 additional Appeals Officers, improving business processes and implementing a new operating model. As a result of these measures, there has been significant increase in the number of appeals finalised from an average of 13,500 to 32,558 in 2012 and processing times have been reduced by 10.3 weeks overall in 2012 with time for an oral hearing time down by 13 weeks and the time for summary decision up by 2.7 weeks.
Further improvement is needed. In that regard:
- The Chief Appeals Officer expects to finalise 6,000 more cases in 2013 than in 2012;
- There is a major programme of process redesign and modernisation currently underway in relation to many scheme areas which will reduce backlogs and will also reduce the time taken for the Department to respond to requests from the SWAO for submissions in relation to appeals;
- It is planned to recruit additional Medical Assessors in 2013 which will assist in reducing the time taken for appeals where a medical assessment is required.
All these measures together will reduce the waiting time for appellants.
Concern was expressed in the report that the higher number of summary decisions in 2011 indicated a move away from oral hearings. I am assured by the Chief Appeals Officer that the increases in the number of summary decisions in 2010 and 2011 was a result of having eight very experienced retired appeals officers working exclusively on summary decisions which had the effect of front loading summary decisions. The percentage of summary decisions was 69% in 2010 and 65% in 2011, the two years for which the retired officers were retained, and has since dropped to 60% in 2012.
In relation to consistency and transparency in decision making, this is addressed in a number of ways by the Department through training and communication and in relation specifically to the SWAO it is the statutory responsibility of the Chief Appeals Officer to convene meetings of Appeals Officers for the purpose of ensuring consistency. The Department provides funding to a number of agencies involved in providing advocacy and information services to persons regarding their social welfare rights and how to process its systems.
417. Deputy Sandra McLellan asked the Minister for Social Protection the length of time it is currently taking for appeals on carer's allowance; and if she will make a statement on the matter. [26896/13]
View answerI am advised by the Social Welfare Appeals Office that the current average time taken to process carer's allowance appeals decided by summary decision is 28.4 weeks and 35.5 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 underpins 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 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. It is also worth noting that, despite the increase in the volume of appeals being received, the number of appeals on hand have reduced from 20,414 at 1 January 2013 to 16,687 at 4 June 2013.
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. 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.
418. Deputy Sandra McLellan asked the Minister for Social Protection if she will approve an expedite a carer's allowance appeal which was received by the appeals office in January for a person (details supplied) in County Cork; and if she will make a statement on the matter. [26897/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 15 May 2013, 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.
419. Deputy Willie O'Dea asked the Minister for Social Protection if she will confirm the reason for delay in issuing illness benefit to a person (details supplied) in County Meath; when same will issue; and if she will make a statement on the matter. [26899/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence allowed the appeal of the person concerned by way of summary decision. 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.
420. Deputy Martin Ferris asked the Minister for Social Protection when a decision will be made on an application for carer's allowance in respect of a person (details supplied) in County Kerry. [26903/13]
View answerI confirm that the department received an application for carer’s allowance from the person in question on 20 March. 2012. Following an investigation by a social welfare investigative officer, the file was returned to a deciding officer for consideration. A letter issued to the person concerned on 8 April 2013 informing him that his application was being withdrawn on the grounds that he was absent from the State. The person in question requested a review of this decision and the application is currently with a social welfare investigative officer for assessment that all the conditions for receipt of carer’s allowance are satisfied. Once the review is completed in this case the person concerned will be notified directly of the outcome.
421. Deputy Michael Creed asked the Minister for Social Protection if her Department will recognise narcolepsy as a condition which would entitle persons to disability payments; and if she will make a statement on the matter. [26935/13]
View answerI wish to assure the Deputy that narcolepsy is recognised as a clinical entity. However, eligibility on medical conditions for any illness-related benefit/allowance will depend on the severity and expected duration of the condition and all applications are assessed on a claim-by-claim basis.
422. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection further to Parliamentary Question No. 157 of 15 May 2013, the total number of young people expected to participate in, and the expected start date of the youth guarantee scheme; if she intends to expand this scheme to allow young persons who are not in receipt of a social welfare payment to engage in the scheme; her plans to develop a more comprehensive state-wide youth guarantee scheme; and the date on which she will do so. [26910/13]
View answerUnder the EU Commission’s recent call for proposals for preparatory actions under the 'Youth Guarantee', the Department of Social Protection in conjunction with local groups has sought EU funding to pilot a Youth Guarantee Scheme (YGS) in a local area. The pilot YGS will look to develop an activation approach tailored to the needs of young people in a deprived urban area and then test it within a specific geographical location (Ballymun). It is proposed that the Pilot YGS in Ballymun will apply to an intake of c 90 young people per month over a 12 month period, or 1,080 persons in all.
We are currently waiting to hear from the European Commission as to whether or not our application has been successful. We have been informed that a final decision on our application will be made by the end of June. In the event of the grant being awarded by the Commission, it is anticipated that the pilot scheme will start within four months of the signature of the grant agreement.
Subject to approval from the Commission, the proposed Ballymun YGS pilot will look to develop an activation approach tailored to the needs of young people. It is intended that the Ballymun pilot YGS will, in respect of the target group of young people, guarantee access to career guidance/assistance leading to identification of an individual career plan for the young unemployed person with follow-through to training, education, work experience or full-time employment. Depending on the needs of the young individual the steps in the career plan might include personal assessment, job search assistance, skills training, work experience internships, but the objective in all cases will be to lead the young person to employment placement or further education or training. A particular focus of the pilot YGS will be to involve, and build links with, employers in the locality and the immediate hinterland in order to ensure that the guidance and training elements of the YGS are tailored to the needs of the local labour market and also to generate work placement/experience opportunities for the YGS participants.
All young people who are coming on to the Live Register during the period of the pilot and who are registering at the Ballymun office as well as those young people who have already been unemployed for some time, including those who are not in receipt of a payment, will be targeted for inclusion in this pilot scheme.
With regard to the government’s plan to develop a comprehensive nation-wide youth guarantee, the government will review the current range of youth employment and training policies in Ireland to assess what measures will need to be taken to commence the gradual implementation of the guarantee. This will include the identification of what would be the appropriate timescale for implementation in Ireland's current employment and budgetary circumstances. It is intended to produce a concrete plan for the implementation of the guarantee before the end of 2013.
The scale and nature of the measures required will depend on the trend in youth unemployment, and in particular the number of young people likely to experience periods of unemployment of more than four months under current policies. In this context, it is a welcome development that the official labour market figures published by the CSO recently indicated that the number of young unemployed in Q1 2013 was, at 54,000, down 10,000 on the same time a year earlier. It is to be hoped that this is the beginning of a sustained downward movement in youth unemployment as the economy recovers. Even so, the implementation of a guarantee will almost certainly require an expansion in the range of opportunities currently on offer to young people in the form of further education, training, internships, subsidised private-sector recruitment, and supports for self-employment.
In this regard the State already provides a significant number of places which are available to young people and the Department of Social Protection took steps in Budget 2013 to increase funding and places for schemes such as JobBridge, Community Employment, TÚS and a new state employment scheme in the local Government sector. In total an additional 10,000 places will be provided. The Department of Education also made provision for the new MOMENTUM programme which is providing 6,500 new training places many of which will be taken up by young people. A new recruitment incentive – JobsPlus – has also been developed by my Department and was approved by the Government as part of the Action Plan for Jobs. This incentive will be launched for availability in July 2013.
423. Deputy Michael Creed asked the Minister for Social Protection the current situation regarding a claim for domiciliary care allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [26922/13]
View answerAn application for domiciliary care allowance was received from the person concerned on 3 May 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 31 May 2013 that her claim was awarded. The first payment including arrears will issue to her on 18 June 2013.
424. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) in County Kildare who was previously self-employed may qualify for jobseeker's allowance; and if she will make a statement on the matter. [26923/13]
View answerAccording to the records of this department there is no current jobseeker’s allowance claim from the person concerned. It is open to the person concerned to submit an application at his local office.
425. Deputy Regina Doherty asked the Minister for Social Protection the number of activation places that have been allocated for County Meath; and if she will make a statement on the matter. [26952/13]
View answerThe allocation of activation places on programmes under the aegis of the Department of Social Protection is generally on the basis of the demand for such places (i.e. the extent of unemployment in a region). Hence, there is not a prior allocation of activation places by county level. The exception to this rule is the Meath Community Rural and Social Development Partnership Limited which has been allocated a quota of 240 places for County Meath.
There were a total of 646 participants from County Meath on the Back to Education Allowance at 31st December 2012 who were participating in either second-level or third-level programmes. The JobBridge Internship programme has a total of 230 internships currently filled by Meath residents, which have either been completed this year or are currently live as of June 2013. There are also currently a total of 423 participants on Community Employment in County Meath. Údarás na Gaeltachta cover the Gaeltacht area of Meath but have no set allocation for County Meath, its falls under their overall allocation. At the moment there are 6 participants in Údarás on the Tús scheme in County Meath.
426. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if an application for domiciliary care allowance in respect of a person (details supplied) in County Cavan has been received by her Department; when this will be dealt with; the correspondence that has been issued to the person; the reason she had been refused DCA previously; and if she will make a statement on the matter. [26967/13]
View answerThe person concerned made an initial application for domiciliary care allowance (DCA) on 18 September 2009. This application was referred to one of the Department’s Medical Assessors who returned their opinion that the child was not medically eligible for the allowance. A letter issued on 21 October 2009 advising of the decision not to allow the application. The person concerned subsequently appealed this decision and she was informed by the Social Welfare Appeals Office on 19 July 2010 that the appeal had not been allowed.
A second application for DCA was received on 27 February 2012. The 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 29 March 2012 advising of the decision to disallow the claim. In the case of an application which is refused on medical grounds the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within twenty one days. No additional information has been received and no appeal has been registered against this decision.
