Written Answers Nos. 445 to 459
445. Deputy Mattie McGrath asked the Minister for Social Protection in cases of joint custody arrangement where a child spends an equal amount of time with each parent, how her Department decides which parent will be paid the child dependant allowances; if child dependant allowances may be split between both parents where there is an official custody arrangement in place; and if she will make a statement on the matter. [27536/13]
View answerQualified child increases (QCIs) are paid as supplements to weekly social welfare benefit and assistance payments to reflect the need for greater incomes among benefit-dependent households with dependent children. Therefore, QCI payments do not of themselves constitute a specific social welfare scheme and entitlement to the appropriate primary adult payment must be established in the first instance. The estimated expenditure on QCI payments in 2013 is €694 million.
To qualify for payment of a QCI, the child in respect of whom the increase is claimed must be considered to be normally resident with the person who is claiming the primary payment. Where the child is resident part of the time with each parent the child is generally considered to be normally resident with the parent with whom the child resides most of the time.
Accordingly, the main principle underlying payment arrangements in the social protection system is that of the normal residence of the child rather than custody arrangements. Decisions around the well-being of the children is the priority consideration in the operation of the current payment arrangements and this is reflected in the fact that payment is given to a person with whom the child is normally resident rather than on the basis of formal custody arrangements. Payment arrangements including in joint custody cases do not normally provide for the splitting of the payment between parties but rather depend on residence arrangements.
If the Deputy wishes to have a particular case considered in further detail, he can arrange to have the details brought to the attention of my Department for consideration.
446. Deputy Clare Daly asked the Minister for Social Protection further to Parliamentary Question No. 172 of 15 May 2013, the reason the chief appeals officer cannot indicate the length of time taken to carry out the 39 reviews in the course of the past year. [27550/13]
View answerI am advised by the Social Welfare Appeals Office that processing times in relation to appeals are measured and reported by an ICT system in the Appeals Office. The information in relation to the time taken for each of the 39 reviews is not available as reviews by the Chief Appeals Officer are not tracked on this system.
When a review is requested, the files in question are recalled from the Department and, following the review, all papers are returned to the Department.
447. Deputy Jerry Buttimer asked the Minister for Social Protection further to Parliamentary Question No. 417 of 28 May 2013 if she has set a deadline for the advisory group on tax and social welfare to report on working age income supports; the date on which she plans to publish the module she has received on social insurance cover for the self-employed; if it will be before budget 2014; and if she will make a statement on the matter. [27554/13]
View answerCreating jobs and tackling poverty are two of the key challenges that Ireland now faces. It is essential that our tax and social protection systems play their part in addressing these challenges. To this end, and in line with commitments contained in the Programme for Government, I established an Advisory Group on Tax and Social Welfare, with the aim of harnessing expert opinion and experience to examine a number of specific issues. These include making cost-effective proposals for improving employment incentives and achieving better poverty outcomes, particularly child poverty outcomes.
The Group’s overall method of working is based on producing modular reports on the priority areas identified in the terms of reference. Within its terms of reference the Advisory Group works on its own initiative and within its own timetable. The Group is currently examining the issue of working age income supports and the interaction of the tax and social welfare systems. While a deadline for this module has not been set, the Group is progressing this work with a view to concluding this module as quickly as possible.
The Advisory Group’s report relating to the issues involved in providing social insurance cover for self-employed persons so as to establish whether or not such cover is technically feasible and financially sustainable was submitted to me in May 2013. The implications of this report are currently being considered by me and my Department and the report will assist the Government in considering the appropriate direction of policy on this issue. While the report is not yet in the public domain, I intend to have this report published in due course and at the appropriate time.
448. Deputy Pearse Doherty asked the Minister for Social Protection if any analysis has been made of the number of defined benefit schemes here that are insolvent or in danger of being insolvent. [27567/13]
View answerThe mechanism for monitoring the funding level of defined benefits pension schemes (the Funding Standard) was in abeyance following the financial downturn in 2008, until June 2012. With the re-introduction of the Funding Standard in June 2012, pension schemes are required to submit funding proposals to the Pensions Board by end June 2013.
It is not possible to estimate how many schemes are insolvent as trustees may take a number of actions to secure the future viability of their schemes. This may include measures such as benefit cuts, increased contributions or longer working. In relation to schemes that are under-funded, it is estimated that in excess of 70% of defined benefit pension scheme are underfunded. However, following the submission of funding proposals to the Pensions Board by the end of June this year, it should be possible to give a more accurate position on the funding level of defined benefit pension schemes.
449. Deputy Nicky McFadden asked the Minister for Social Protection the actions taken by her to tackle social welfare fraud; the savings made to date in 2013 as a result of those actions; and if she will make a statement on the matter. [27593/13]
View answerThe Programme for Government commits to a zero tolerance approach towards social welfare fraud. The Department’s Fraud Initiative 2011 – 2013 further articulates this overarching policy objective. A key priority is to ensure that fraudulent activity within the social welfare system is vigorously prevented and combatted. The approach is one which is aimed at highlighting the rights but, importantly, also the responsibilities of social welfare recipients. The Initiative recognises the value of the Department working closely and collaboratively with other agencies to ensure that social welfare abuse is deterred and detected.
The approach taken by the Department is frequently reviewed and is regularly adjusted to concentrate on the areas of greatest risk, based on its operational experience and credible information received from industry and business sectors. The Department’s control work is measured in terms of control savings. Control savings are used as a performance indicator for year-on-year activities. They are an estimate of the value of the various control activities across the schemes in payment and refer to future expenditure that would have been incurred but for this control work. Without this control work, social welfare expenditure would over time increase by this amount. Control savings do not include any cases of departmental or clerical error or any cases where the customer voluntarily told the Department of their altered means or circumstances, which resulted in a change to their rate of payment.
The Department’s control savings target for 2013 is €710 million which is an increase of €40m on the savings achieved in 2012. A total of just over €180m was recorded in respect of control savings from January to end of April 2013.
450. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made on an appeal for domiciliary care allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [27677/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 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 30 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.
451. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date on an appeal for invalidity pension in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [27685/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 26 April 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.
452. Deputy Eric Byrne asked the Minister for Social Protection the position regarding back to education allowance in respect of a person (details supplied) in Dublin 12; and if she will make a statement on the matter. [27703/13]
View answerThe person concerned made a claim for jobseeker’s allowance on 31 May 2013 which has been approved; however no application for back to education allowance has been received from him. Should he submit an application, it will be assessed to see if he would be eligible to qualify under the terms of the scheme.
453. Deputy Pat Breen asked the Minister for Social Protection when a decision on carer's allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [27724/13]
View answerI confirm that the department received an application for carer’s allowance from the person in question on 5 June 2012. The medical assessment has been completed. The application is currently with a social welfare investigative officer for assessment of means and confirmation that all the conditions for receipt of carer’s allowance are satisfied. Once the investigative officer has completed and submitted the report, a deciding officer will make a full decision. The application will be processed as quickly as possible and when a decision is made the person concerned will be notified directly of the outcome.
454. Deputy Billy Timmins asked the Minister for Social Protection the position regarding a carer's allowance application in respect of a person (details supplied); and if she will make a statement on the matter. [27726/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30 January 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 29 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.
455. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a decision on a carer's allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [27733/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. 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.
456. Deputy John Perry asked the Minister for Social Protection when a decision will issue on a carer's allowance appeal in respect of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [27753/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 2 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 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.
457. Deputy Dessie Ellis asked the Minister for Social Protection if she will provide an update on the appeal of a person (details supplied) in Dublin 11 who is seeking to get onto the back to work scheme. [27764/13]
View answerThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case on 24 June 2013. The person concerned is being notified of the arrangements for the 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.
458. Deputy Clare Daly asked the Minister for Social Protection in relation to the ability of self-employed persons to access pension benefits where a tax liability is outstanding, to make the payment to the person upon reaching the qualifying age, but deducting the amount owed from the weekly payments rather than disallowing the pension to be activated until the liability is cleared. [27768/13]
View answerThe State pension is a very valuable asset and it is important, for sustainability reasons, that those who receive it have made a significant contribution towards it during a working life.
Ordinarily, in order to qualify for a State pension (contributory), a person must satisfy a number of qualifying conditions which include commencing insurable employment at least 10 years before pension age, having a minimum of 520 qualifying PRSI contributions and achieving a yearly average of at least 10 qualifying contributions, paid or credited, over their working life.
Social insurance contributions (Class S PRSI) were introduced for self-employed people on 6 April 1988. This provides cover for self-employed people for long-term benefits such as State pension (contributory) and widows/widowers pension (contributory). In addition to the qualifying conditions above, a person must have paid self-employment contributions in respect of at least one contribution year and all self-employment contributions payable must be paid in full. With effect from 1 January 2010, a pension can only be awarded with effect from the date that the claimant has fully discharged all their Class S contribution liabilities, even where this date may be after their 66th birthday.
The Revenue Commissioners are the primary collection agents of the Department in relation to income tax and outstanding PRSI. These are aggregated sums and cannot be separated for pension eligibility purposes. These provisions are consistent with the contributory and solidarity principles which underpin the social insurance system. There are no plans to change these provisions.
It is worth noting that the recently published Actuarial Review of the Social Insurance Fund found that the self-employed achieve very good value for money from the fund compared with the employed. For those who are unable to meet the qualifying conditions for State pension, the means-tested State pension (non-contributory) may be available to people on low incomes who do not meet the qualifying criteria for State pension.
459. Deputy Sandra McLellan asked the Minister for Social Protection if she will review the current guidelines for entitlement to jobseeker's benefit, in particular where a person must suffer a substantial loss of employment to be eligible; and if she will make a statement on the matter. [27770/13]
View answerJobseeker's benefit is a weekly payment to people out of work and covered by social insurance (PRSI). If a person does not qualify for jobseeker’s benefit they may qualify for means tested jobseeker's allowance. In 2012 my Department spent some €737m on the scheme and at the end of 2012 there were some 85,000 persons in receipt of a jobseeker’s benefit payment.
The provisions governing the payment of PRSI contributions were changed from April 1991 by extending social insurance to cover part time workers. This change necessitated changes in the jobseeker’s benefit scheme. Under the then conditions a part time worker working 3 days per week would have become eligible for jobseeker’s benefit for the days of the week they are not working, even though no loss of employment had occurred. This would have resulted in their income from social welfare greatly exceeding income from employment – with a consequent diminution in the incentive to work.
In order to avoid this situation, the Social Welfare Act 1992 provided that it would not possible to work part-time and claim jobseeker's benefit unless there has been a reduction in the number of days normally worked each week. A person is regarded as having sustained a substantial loss of employment if s/he has lost at least one day of insurable employment in any period of 7 days, provided his/her reckonable earnings or reckonable income are also reduced as a consequence of the loss of employment. It may be noted that these provisions do not apply to the jobseeker’s allowance scheme.
There are no plans to change this qualifying condition of the jobseeker’s benefit scheme as this would have an adverse effect on the incentive to work and would have significant cost implications.
