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Thursday, 4 Jul 2013

Written Answers Nos. 138 - 148

Work Permit Appeals

Questions (138)

Róisín Shortall

Question:

138. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 384 of 5 February 2013, if he will confirm that the details supplied were those used in drafting the reply; and if he will make a statement on the matter. [32674/13]

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Written answers

The Deputy will be aware that an application for an employment permit was refused in this instance on 4th April 2012 and that this decision was upheld on appeal on 3rd July 2012.

I can confirm to the Deputy that the place of employment in respect of the permit application was the first location named by the Deputy in her question. I can also confirm that at the time of application there were seven Irish and two non EEA nationals in employment at that business. While it appeared on the employment permit application form that there was only one Irish and two non EEA nationals in employment, the correct situation was clarified in the documentation provided in the request for a review and was considered by the appeal officer. Finally, the salary stated in the application in respect of the employment was in excess of €30,000. This information was considered at the review stage.

The occupation in question is that of machine operator and this occupation falls under the “general operative” employment category. This is an ineligible category of employment and employment permits are generally not considered in respect of employment of this nature.

If the occupation was incorrectly described and the skills required for the occupation were insufficiently set out then a new application may be submitted which will be considered afresh.

Public Procurement Regulations

Questions (139)

Éamon Ó Cuív

Question:

139. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the number of projects that were approved funding by his Department conditional on a bond being produced from a builder; the amount of the default by builders where such bonds were in place; the amount recovered through the use of bonds in such cases; and if he will make a statement on the matter. [32722/13]

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Written answers

My Department has not been involved with approving funding for any projects that were conditional on a Bond being produced by a builder. In general, the Office of Public Works is responsible for projects of this nature for Government departments.

IBRC Legal Cases

Questions (140)

Pearse Doherty

Question:

140. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will confirm if section 286 of the Companies Act 1963 in regard to legal rules pertaining to any payments made in favour of any creditor in the six months leading up to the appointment of the special liquidator were complied with by Anglo Irish Bank. [32760/13]

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Written answers

Section 10 and the Schedule of the Irish Bank Resolution Corporation Act 2013 dis-applies section 286 of the Companies Act 1963 in relation to any act relating to property by IBRC (within the meaning of the Irish Bank Resolution Corporation Act 2013 ) in favour of the Central Bank of Ireland. Responsibility for this legislation rests with my colleague the Minister for Finance.

In general, in every winding up to which section 286 of the Companies Act 1963 applies, the onus of proof is on the liquidator to establish if there was a dominant intention to prefer one creditor over another. Ultimately, the determination of whether there was a preferential transaction is a matter for the court to decide and I have no direct function in the matter.

International Bodies Membership

Questions (141)

Andrew Doyle

Question:

141. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation if he will outline each international organisation, international agency or international body of which Ireland is a member and for which his Department or a State body or agency under the aegis of his Department is responsible or co-responsible; and if he will make a statement on the matter. [32813/13]

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Written answers

My Department is a member of the following international organisations:-

The European Molecular Biology Conference (EMBC)

COST - Co-operation in Science & Technology

World Intellectual Property Organisation (WIPO)

European Patent Organisation (EPO)

EUREKA, which is a close-to-market collaborative R&D programme, operated on a pan-European basis. It is an intergovernmental network to support market-oriented R&D and innovation projects by industry, research centres and universities across all technological sectors.

The European Molecular Biology Laboratory (EMBL)

European Space Agency

International Convention on the Control and Marking of Articles of Precious Metals (also known as the Hallmarking Convention).

The Companies Registration Office (CRO) is a member of the European Business Register and the European Commerce Registers Forum.

The Office of the Director of Corporate Enforcement (ODCE) is a member of the International Association of Insolvency Regulators (IAIR).

The International Labour Organisation (ILO)

The Council of Europe. My Department is co-responsible for the Revised European Social Charter of the Council of Europe, 1966.

European Association of Labour Court Judges

International Association of Labour Inspection

The Organisation of Economic Co-operation and Development (OECD). Ireland’s membership of OECD is primarily the responsibility of Department of Finance, but my Department works together with the OECD Secretariat and Committees such as areas as trade and competition policy, employment and social affairs, regulatory reform, entrepreneurship, SMEs and local development.

The World Trade Organisation.

In cases where an Agency under the remit of my Department is a member of an international organisation, international agency or international body, this is an operational matter for the Agency concerned, for which I have no direct function. I am referring the specific question to each of the Agencies with a request to respond to you directly.

Invalidity Pension Appeals

Questions (142)

Bernard Durkan

Question:

142. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in respect of an appeal for invalidity pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32613/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10th June 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question 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 appeal 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 in relation to social welfare entitlements.

Domiciliary Care Allowance Appeals

Questions (143)

Denis Naughten

Question:

143. Deputy Denis Naughten asked the Minister for Social Protection when a decision will be made to backdate domiciliary care allowance in respect of a person (details supplied) in County Roscommon; the reason for the delay in same; and if she will make a statement on the matter. [32614/13]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 26th June 2013.

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 in relation to social welfare entitlements.

Departmental Offices

Questions (144)

Joanna Tuffy

Question:

144. Deputy Joanna Tuffy asked the Minister for Social Protection if there are plans to provide a facility for members of the public when waiting at the Clondalkin social welfare office, Dublin (details supplied); and if she will make a statement on the matter. [32632/13]

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Written answers

There are currently no toilet facilities for staff or for members of the public on the ground floor in the Clondalkin Local Office. While many Local Offices do not have a public toilet, it is now included in the Office of Public Works (OPW) specification for all new offices. This issue will therefore be addressed in the plans for the new Intreo office for Clondalkin.

Social Welfare Appeals Status

Questions (145)

Denis Naughten

Question:

145. Deputy Denis Naughten asked the Minister for Social Protection when a person seeks a review of their entitlement to a social welfare payment on medical grounds if the review is examined by a medical assessor in the medical assessment unit or alternatively within the review section of the relevant department; the circumstances in which a review may be conducted without the input of a medical assessor; the step by step process a review on medical grounds goes through before a decision is made; and if she will make a statement on the matter. [32668/13]

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Written answers

Applications for schemes such as disability allowance, invalidity pension and carers allowance are normally medically assessed at desk by one of the Department’s Medical Assessors who assesses the available medical evidence with reference to evidence based protocols and guidelines. The Medical Assessor then presents his/her medical opinion to a Deciding Officer, who makes a decision on the basis of the overall scheme rules, taking account of the opinion of the Medical Assessor. Customers are informed in writing of all decisions and also informed of their options as a result. Customers are entitled to request a medical review if they submit additional medical evidence in support of their claim. All additional medical evidence received is presented for review to a Medical Assessor following receipt in the Department. Where appropriate and taking all available evidence into account, a Deciding Officer may revise a decision to disallow a claimant or alternative the new medical evidence is referred to a MA who assesses the case in line with evidence based protocols and guidelines, and presents a medical opinion to a Deciding Officer in the scheme area. The Deciding Officer reviews the overall decision based on the medical and non-medical criteria and informs the customer of the decision in writing.

The current medical staffing within my Department comprises the Chief Medical Advisor, Deputy Chief Medical Advisor and 19 Medical Assessors.

Carer's Benefit Expenditure

Questions (146)

Seán Ó Fearghaíl

Question:

146. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will outline any supports or measures which have been improved for carers in the home over the past year; if she will confirm that current supports will be retained; and if she will make a statement on the matter. [32694/13]

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Written answers

The contribution that people provide in caring for members of their own family is critical for society. It was for that reason that the Government last year adopted the National Carers’ Strategy with a view to giving greater public recognition to carers and their work.

Carers receive significant income supports from the Department of Social Protection so that people can continue living at home as far as possible. Expenditure on carers has increased significantly in recent years. In 2013 it is estimated to be €776 million compared with an estimated outturn of €771 million in 2012. The expenditure on carers in 2012 included: €509 million on carer’s allowance; €24 million on carer’s benefit; €135 million on the respite care grant and; €103 million on domiciliary care allowance.

Carers also receive a free travel pass at an annual cost of €6 million and carers who reside with the care recipient are eligible for the household benefits package at an annual cost of approximately €30 million.

I should stress that the supports available to carers in Ireland are among the highest rates of income support in Europe. A person getting certain qualifying payments and also providing full-time care and attention to another person can keep their main social welfare payment and receive a half-rate carer’s allowance as well.

The respite care grant is available to all full-time carers regardless of their means while the income disregard and means test for carers allowance is the most generous in the social welfare system. A couple under 66 with two children, earning a joint annual income of up to €35,400 can qualify for the maximum rate of carer’s allowance while a couple earning €59,300 will still qualify for the minimum rate. Carers are entitled to an extra half-rate carer’s allowance if they care for more than one person and a respite care grant for each care recipient.

I have no plans to make any changes to the above at this time.

Money Advice and Budgeting Service Staff

Questions (147)

Seamus Kirk

Question:

147. Deputy Seamus Kirk asked the Minister for Social Protection if she is aware of any cuts to staffing or to the allocation to the Money Advice and Budgeting Service office in Clondalkin, Dublin; and if she will make a statement on the matter. [32699/13]

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Written answers

The Money Advice and Budgeting Service ( MABS), under the aegis of the Citizens Information Board, assists people who are over-indebted and need help and advice in coping with debt problems, in particular those on low incomes and people living on social welfare payments.

In 2013, the Citizens Information Board has been allocated a budget of approximately €47.5 million of which some €19 million has been assigned to MABS. In 2012 the corresponding allocation was €46.8 million and €18.3 million respectively.

Clondalkin MABS covers all of the Clondalkin area and in addition has outreach offices at Lucan and Neilstown. The offices of Clondalkin MABS (Unit 5, The Village Centre, Clondalkin, Dublin 22) are open 5 days a week from 9 to 4.. The outreach services both operate two days a week. There are currently no plans to decrease staffing levels or the grant allocation to Clondalkin MABS.

The Money Advice & Budgeting Service also operates a national helpline, telephone 0761 07 2000, which provides a comprehensive and confidential information service on all aspects of money management and personal debt to people throughout the country, Monday to Friday from 9am to 8pm. The MABS website, www.mabs.ie provides information and advice on all aspects of money management and dealing with debt.

Money Advice and Budgeting Service Staff

Questions (148)

Seamus Kirk

Question:

148. Deputy Seamus Kirk asked the Minister for Social Protection if she is aware of any cuts to staffing or to the allocation to the Money Advice and Budgeting Service office in Tallaght, Dublin; and if she will make a statement on the matter. [32700/13]

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Written answers

The Money Advice and Budgeting Service (MABS), under the aegis of the Citizens Information Board, assists people who are over-indebted and need help and advice in coping with debt problems, in particular those on low incomes and people living on social welfare payments.

In 2013, the Citizens Information Board has been allocated a budget of approximately €47.5 million of which some €19 million has been assigned to MABS. In 2012 the corresponding allocation was €46.8 million and €18.3 million respectively.

Tallaght MABS is one of the longest established of the 51 local MABS in Ireland, operating since 1995. It covers all of Tallaght and parts of Saggart and Blessington. The offices at High Street in Tallaght are open five days a week from 9am to 4pm. There are currently no plans to decrease staffing levels or the grant allocation to Tallaght MABS.

The Money, Advice and Budgeting Service also operates a national helpline, telephone 0761 07 2000, which provides a comprehensive and confidential information service on all aspects of money management and personal debt to people throughout the country, Monday to Friday from 9am to 8pm. The MABS website, www.mabs.ie provides information and advice on all aspects of money management and dealing with debt.

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