Written Answers Nos. 89-97
89. Deputy Derek Nolan asked the Minister for Social Protection if she will reassess social welfare policy and associated legislation pertaining to women who gave up work by virtue of the marriage bar and now no longer qualify for full pension entitlement on reaching the age of 66 years; and if she will make a statement on the matter. [28462/13]
View answerThe marriage bar was a condition of the employment in the public service until 1973. Issues relating to public sector employment and pensions are the responsibility of the Minister for Public Expenditure and Reform.
In general, and similar to many civil and public servants, the social insurance class paid by women affected by the marriage bar was a modified rate (i.e. not the full Class A rate) which gives coverage for widow(er)'s and orphan's pensions, occupational injury benefit, bereavement grant and carer’s benefit only. It did not provide cover for the State pension. The modified rate of social insurance was a condition of employment for public servants at that time. Accordingly, even if those affected by the marriage bar had continued in employment, contributions paid at this class would not have given entitlement to a State pension (contributory) under the social welfare system.
The homemaker scheme, which was introduced in 1994, can make qualification for the State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age or incapacitated adults to be disregarded when a person’s social insurance record is being averaged to determine qualification for the State pension. The homemaker disregard will not, of itself, qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance ten years before pension age, pay a minimum of 520 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied.
The State pension is a valuable asset and is based on a system of contributions. Therefore, it is important that entitlement to State pension is based on a substantial contribution to the Social Insurance Fund over a working life.
90. Deputy Seán Kenny asked the Minister for Social Protection the benefits a person (details supplied) in Dublin 13 will be entitled to when they cease to qualify for lone parent's allowance on 27 June 2013. [28476/13]
View answerThe person concerned is currently in receipt of One-Parent Family payment and Family Income Supplement (FIS). The qualifying conditions for One-Parent Family payment are due to change with effect from 4 July 2013, whereby entitlement to OFP is based on the start date of the claim and the age of the youngest child.
The person concerned will no longer satisfy the qualifying conditions for One-Parent Family payment and has been informed accordingly. As a result of the cessation of the One-Parent Family Payment, the person concerned will be entitled to an increase in the amount of Family Income Supplement and notification of the increase will issue shortly.
91. Deputy Michelle Mulherin asked the Minister for Social Protection the position on an appeal against the refusal of carer's allowance in respect of a person (details supplied) in County Sligo; if she will expedite same; and if she will make a statement on the matter. [28492/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th March 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 the 28th May 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.
92. Deputy John Paul Phelan asked the Minister for Social Protection the avenues open to an applicant when they are refused rent allowance because the rent was over the maximum limit as laid down by her Department (details supplied); and if she will make a statement on the matter. [28495/13]
View answerThe purpose of the rent supplement scheme is to provide short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are approximately 86,000 recipients of rent supplement for which the Government has provided over €403 million in 2013. I recently announced my intention to implement revised rent limits under the rent supplement scheme which will come into force on Monday 17 June 2013 and will be in place until 31 December 2014. The new rent limits have been determined following an extensive review of the private rental market. This review has been based on the most up-to-date market data available. This review continues the previous rent limit reviews’ emphasis, to ensure that value for money is achieved while at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation. The Department currently funds approximately 30% of the private rented sector so it is essential that the rent limits are kept under review.
The research carried out during the review shows that the rent limits are in line with actual rents in the county. The current rent limit review maintains the rent limit rate of €430 per month for a couple in County Kilkenny.
It is a condition of award of rent supplement that the rent is within the maximum rent limit. Where rents are in excess of the limit, customers are being asked to contact their landlord and renegotiate the rent. Where landlords do not agree to reduce the rent within the limits, staff will discuss the options open to the tenant, including seeking alternative accommodation.
Officials in the Department continue to examine the impact of the rent limits on those who claim rent supplement. If the Deputy has a concern in relation to a specific case, he can provide the details to the Department for follow up.
93. Deputy Michelle Mulherin asked the Minister for Social Protection the reason a person (details supplied) in County Mayo received no notice of determination under sections 5.1, 5.2 and 5.3 of the Pensions Ombudsman Regulations 2003 (S.I. 397 of 2003), despite having submitted a formal appeal and all necessary information on 3 September 2012; when the notice of determination will be given to the complainant; and if she will make a statement on the matter. [28537/13]
View answerThis case concerns an appeal against an application for ill health retirement. Appeals against medical findings in relation to retirement on grounds of ill health are not provided for in the Superannuation Code and as such are not appropriate to the Pensions Ombudsman. Notwithstanding this, the person concerned wrote to the Pensions Ombudsman detailing their case in August 2012. In response the Ombudsman advised the person concerned, by letter of 21st August 2012, that they should first undergo the Internal Disputes Resolution process in my Department. Subsequently the person concerned underwent the Internal Disputes Resolution process in my Department and the original findings were upheld. In this regard, the response which issued from my Department on 21st January 2013 in response to the appeal of 3rd September 2012 satisfies the criteria required by the Pensions Ombudsman regarding the provision of a notice of determination.
My Department is satisfied that it has complied with its requirements under the Internal Disputes Resolution and the Pensions Ombudsman’s office has confirmed that no further communication has been received from the person concerned in relation to this matter. The officer concerned retired from my Department on 28th February 2012 under the cost neutral scheme following an unsuccessful application to retire from the Civil Service on grounds of ill health.
To clarify for the deputy, the procedures for dealing with an application by a civil servant to retire on grounds of ill health are outlined below. These procedures are contained in Department of Finance Circular 22/07. Ill health retirement applications are considered initially by the Chief Medical Officer for the Civil Service, who on receipt of an application from an officer, offers a medical opinion as to whether an individual is incapable on medical grounds of regular and effective service at the time of the application and whether the medical incapacity is likely to be permanent. Where an officer is not satisfied with the opinion provided by the Chief Medical Officer, an independent medical referee can be requested to re-examine the case. The final decision on whether or not a civil servant is granted ill health retirement lies with the relevant appropriate authority, having received the Chief Medical Officer’s advice. The appropriate authority in this case was the Secretary General of my department.
In the case of this officer, neither the Chief Medical Officer nor the independent medical referee supported the application for ill health retirement. Following representations from the officers’ Union, the application for ill health retirement was further reviewed by the Personnel Officer who was satisfied that the correct procedures were followed and that the Department acted correctly in making the decision to refuse this application for retirement on grounds of ill health based on the facts that both the Chief Medical Officer and the independent medical referee did not support the application.
94. Deputy Michelle Mulherin asked the Minister for Social Protection the reason house insurance and mortgage protection policies, which are legally required to be in place by lending institutions are not taken into account as a necessary outgoing when assessing the means of an applicant for mortgage interest supplement; and if she will make a statement on the matter. [28538/13]
View answerMortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. There are approximately 13,000 mortgage interest supplement recipients for which the Government has provided €42 million for in 2013. The supplement assists with the interest portion of the mortgage repayments only and is not intended to provide assistance for house insurance and mortgage protection. There are no provisions within the means assessment process to disregard these outgoings. Any change to the nature of the scheme which would have expenditure implications would have to be considered within a budgetary context.
95. Deputy Robert Troy asked the Minister for Social Protection if she is committed to maintaining the value of total child income support payments at 33% of the adult social welfare payment rate. [28562/13]
View answerThe importance of child and family income supports is underlined by the fact that in 2013 my Department will spend almost €2.9 billion on supports to families and children through payments such as Child Benefit, the Family Income Supplement, qualified child increases on weekly social welfare payments, and the Back to School Clothing and Footwear Allowance.
The National Action Plan for Social Inclusion identifies a target range of 33% to 35% of the minimum adult Social Welfare payment rate for the combined value of child income support payments. Based on a definition of child and family income supports that consists of the weekly equivalent rate for child benefit (€29.92) and the rate for qualified child increases (€29.80) the current value is 32.1% of the minimum social welfare weekly personal rate (€186) and therefore falls slightly below the target range. However, it might be borne in mind that if the weekly equivalent of the lowest rate of back to school clothing and footwear allowance is included in the definition of supports (€1.92), the combined child related payments amount then falls within the target range, at 33.1% of the minimum social welfare weekly personal rate. Furthermore certain low-income families may also be in receipt of additional support from family income supplement payment.
Any plans regarding the amount paid in respect of such payments will be a matter to be decided in a budgetary context and announced on Budget day. I do not therefore propose to speculate on any possible approaches to payment rates or whether the target will continue to be met. Achieving a better design of the overall system of child income supports raises complex issues about the effectiveness and the efficiency of the full range of income supports currently provided to families and their children. In this context the Advisory Group on Tax and Social Welfare prioritised the area of family and child income supports and its report on this issue was published in February. It is the Government’s intention that the report will now contribute to the broader policy debate on future of child income support payments.
96. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which basic supplementary welfare payment can be made in the case of persons (details supplied) in County Dublin; and if she will make a statement on the matter. [28606/13]
View answerThe person concerned has been disallowed Jobseeker’s Allowance and Supplementary Welfare Allowance (SWA). Both disallowances are currently under appeal with the Social Welfare Appeals Office.
It is a requirement that every claimant shall furnish all information and documentation as may be required in order to complete a means assessment process, for the purpose of deciding a claim. The person concerned failed to provide all requested documentation and information in relation to the SWA claim. Therefore his entitlement to SWA cannot be established. If the outstanding information is provided to enable a means assessment be completed, the SWA claim can be reviewed.
97. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which an overpayment occurred in the case a person (details supplied) in County Kildare; the extent to which it is possible to address the situation arising without causing hardship to the family; and if she will make a statement on the matter. [28607/13]
View answerAn overpayment of jobseeker’s allowance was assessed against the person concerned for the period 10 April 2006 to 04 December 2006. The person concerned had engaged in an apprenticeship while also claiming a jobseeker’s allowance payment for this period and the change in circumstance was not notified to this Department. It is open to the person concerned to contact his local office to discuss the repayment options available to him.
