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Tuesday, 9 Jul 2013

Written Answers Nos. 307-322

Social Welfare Appeals Status

Questions (307)

John O'Mahony

Question:

307. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on an appeal for partial capacity benefit; and if she will make a statement on the matter. [33137/13]

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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 disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s 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 in relation to social welfare entitlements.

Social Insurance Rates

Questions (308, 321, 346)

Patrick O'Donovan

Question:

308. Deputy Patrick O'Donovan asked the Minister for Social Protection when she expects publication of the report of the commission established to look at PRSI rates for the self-employed; her plans to bring forward legislation in the area; her further plans to assist by way of social welfare, those self-employed persons who cannot obtain employment; and if she will make a statement on the matter. [33157/13]

View answer

Patrick O'Donovan

Question:

321. Deputy Patrick O'Donovan asked the Minister for Social Protection her plans to introduce a specific stamp rate for self-employed persons involved in the small and medium business sector; and if she will make a statement on the matter. [33372/13]

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Bernard Durkan

Question:

346. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which provision has been made to facilitate easier access to relevant social welfare payments for persons previously self-employed and currently long-term unemployed; and if she will make a statement on the matter. [33532/13]

View answer

Written answers

I propose to take Questions Nos. 308, 321 and 346 together.

Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). In 2011 I established the Advisory Group on Tax and Social Welfare to meet the commitment made in the Programme for Government. The Advisory Group is charged with, inter alia, examining and reporting on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable.

The Advisory Group’s overall method of working is based on producing modular reports on the priority areas identified in the Terms of Reference. Where possible, the aim is to provide recommendations that can be acted upon in time for the annual budget, estimates and legislative cycle and to allow the Government to best address its commitments under the EU-IMF Programme of Financial Support. The Groups report on 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 report will be published in due course.

Any proposal to change the treatment of self-employed persons in relation to the PRSI contributions to be paid and benefit entitlements could only be considered in a Budgetary context.

Self-employed persons whose businesses fail or suffer from reduced demand may, however, access social welfare support by establishing entitlement to assistance-based payments such as jobseeker’s allowance. They can apply for the means-tested jobseeker’s allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general, their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year and, in the current climate, account is taken of the downward trend in the economy. As in the case of a non-self-employed claimant for jobseeker’s allowance, the means of husband/wife, civil partner or co-habitant will be taken into account in deciding on entitlement to a payment.

Questions Nos. 309 and 310 withdrawn.

Departmental Functions

Questions (311)

Stephen Donnelly

Question:

311. Deputy Stephen S. Donnelly asked the Minister for Social Protection if she has prepared for an increase in demand for services from her Department as a result of upcoming developments such as the Central Bank's updated CCMA, the Land and Conveyancing Law Reform Bill, the targets that have been set for the banks regarding sustainable solutions, or any other developments; the steps that have been taken to deal with any surge in demand; and if she will make a statement on the matter. [33182/13]

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Written answers

To assist and support persons who are in mortgage difficulties, the Mortgage Arrears Information and Advice Service (MAIAS) was established in 2012. This service provides comprehensive information and advice to mortgage holders in arrears or pre-arrears in assessing their options. The service has three elements:

- Website: www.keepingyourhome.ie is the key online access portal for general mortgage arrears information and advice.

- Mortgage Arrears Information Helpline (phone 0761 074050): The Helpline provides general mortgage arrears information and signposting in relation to the Code of Conduct on Mortgage Arrears, and other supports available for those in mortgage arrears or pre-arrears. The Helpline operates Monday to Friday from 9am to 5 pm.

- Independent Financial Advice: The third element of the service is the provision of independent financial advice to mortgage holders who are being presented with long term mortgage resolution proposals by their lenders. The advice is provided by a panel of accountants drawn from members of the main accountancy institutes in Ireland. To date, over 2,000 accountants have confirmed to their accounting body that they wish to be part of the panel and their details are available on www.keepingyourhome.ie. The lender will pay €250 to an accountant of the borrower's choice for the provision of this advice.

A protocol for the provision of independent financial advice has been agreed between the main accountancy bodies and the Irish Banking Federation. The protocol was agreed following discussions which were facilitated by the Department of Finance and involved the Department of Social Protection and the Central Bank. The protocol details the scope of financial advice and the operating procedures.

When a lender is proposing long term mortgage resolutions, the lender will advise the borrower to obtain independent financial advice on the proposed arrangement and that, if the borrower wishes to avail of this advice, that the lender will pay the consultation fee. The independent financial advice will be available to all mortgage holders in respect of a mortgage secured on a primary residence who are being offered long term forbearance options by their lenders. The borrower may select an accountant of their choice from a panel of practising accountants whose details are available on the website www.keepingyourhome.ie.

In addition to these supports, the Department also administers a mortgage interest supplement scheme which provides short term support to eligible people who are unable to meet their mortgage interest repayments. There are currently some 12,000 people in receipt of mortgage interest supplement for which almost €42 million has been provided by the Government in 2013.

The Central Bank has recently introduced a revised Code of Conduct on Mortgage Arrears (CCMA) which came into effect on 1 July 2013. Within this framework, mortgage interest supplement continues to provide suitable support with eligible persons having to engage with alternative payment options for a cumulative twelve month period under the Mortgage Arrears Resolution Process (MARP) prior to the supplement being granted. This process acknowledges that it is in the interest of both the lender and the borrower to address financial difficulties as speedily and effectively as circumstances allow.

Where a person has been assessed as having a housing need, the person concerned can apply for rent supplement administered by this Department which is available to provide short-term 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 currently approximately 84,000 customers in receipt of rent supplement for which the Government has provided over €403 million for the scheme in 2013.

I am satisfied that the Department has the appropriate services and supports in place to assist people experiencing financial difficulties. The development of housing solution responses for those who are required to vacate their homes is a matter for the Department of the Environment, Community and Local Government.

Supplementary Welfare Allowance Payments

Questions (312)

Bernard Durkan

Question:

312. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of supplementary welfare to be paid in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33319/13]

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Written answers

The person concerned made a claim for supplementary welfare allowance on 3 July 2013. This is a means tested payment and the current prescribed supplementary welfare allowance rate for two adults is €310.80 per week. Based on his spouse’s earnings from insurable employment, means has been assessed as €307.50 per week. Accordingly, his current entitlement is €3.30 per week.

Carer's Allowance Appeals

Questions (313)

Jack Wall

Question:

313. Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33324/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 26 June 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 in relation to social welfare entitlements.

Carer's Allowance Appeals

Questions (314)

Andrew Doyle

Question:

314. Deputy Andrew Doyle asked the Minister for Social Protection the current waiting or delay period for a decision to be made by an appeals officer for the provision of carer's allowances that is administered by her Department; and if she will make a statement on the matter. [33350/13]

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Written answers

I 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 28.2 weeks and 34.7 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 crystallises 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, in addition to 10 former Community Welfare Service Appeals Officers who joined the appeals office in 2011, bringing the total number of serving Appeals Officers to 41; 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 of its scheme areas, aimed at reducing backlogs and reducing the time taken by the Department to respond to requests from the appeals office 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. Good progress is also now being made in reducing the number of appeals on hand from 20,414 at 1 January 2013 to 16,542 at 1 July 2013.

The average waiting time for appeals peaked in 2011 when the average time for an oral hearing was 52.5 weeks and for a summary decision was 25.1 weeks. In 2012 these times improved by 10.3 weeks when the average time for an oral hearing dropped to 39.5 weeks while the time for a summary decision increased slightly to 27.8 weeks. This improvement has continued with the average processing time up to June 2013 reducing to 36.2 weeks for an oral hearing and 27.6 weeks for a summary decision. 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 Appeals

Questions (315)

Michael McNamara

Question:

315. Deputy Michael McNamara asked the Minister for Social Protection when a person (details supplied) in County Clare will receive a decision on an appeal in respect of an application for carer's allowance; and if she will make a statement on the matter. [33357/13]

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Written answers

The Social Welfare Appeals Office has advised me that there is no record of a Carer’s Allowance appeal by the person concerned having been received by that office. 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.

Question No. 316 withdrawn.

Disability Allowance Appeals

Questions (317)

Michael Healy-Rae

Question:

317. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [33359/13]

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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 8 April 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.

Carer's Allowance Appeals

Questions (318)

Michael Healy-Rae

Question:

318. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding 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. [33360/13]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 19 June 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 in relation to social welfare entitlements.

Personal Public Service Number Applications

Questions (319)

Marcella Corcoran Kennedy

Question:

319. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection when a PPS number will issue to a person (details supplied); and if she will make a statement on the matter. [33363/13]

View answer

Written answers

Where a Personal Public Services Number is required to be allocated in respect of a deceased person, an application may be made to have one allocated under the exceptional registration process by submitting the required documentation to the Client Identity Services (CIS) Division of my Department. From the information provided to date, the CIS Division has been unable to trace an application in the case of the person concerned. I understand that further, more detailed information is awaited and will be acted on promptly by the CIS Division once received.

Domiciliary Care Allowance Appeals

Questions (320)

Marcella Corcoran Kennedy

Question:

320. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection when a domiciliary care allowance application appeal will be heard in respect of a person (details supplied); and if she will make a statement on the matter. [33364/13]

View answer

Written answers

The person concerned made an application for domiciliary care allowance (DCA) on the 9th June 2010. This application was not allowed and she was notified of the decision in writing on the 30th July 2010. She appealed this decision and was notified by the Social Welfare Appeals Office on 21st July 2011 that the appeal had not been allowed. There is no record of a more recent DCA application or appeal from the person concerned.

Question No. 321 answered with Question No. 308.

Jobseeker's Allowance Payments

Questions (322)

Robert Dowds

Question:

322. Deputy Robert Dowds asked the Minister for Social Protection if there has been a change to the receipts issued by local offices to claimants; and if receipts still display the next date on which the person must attend the local office to sign on. [33374/13]

View answer

Written answers

As a standard part of the jobseekers claim process, customers are required to attend their local office to sign on at specified intervals. The customer is notified of their individual signing arrangements at the outset of their claim and are reminded each time they sign of their next signing day. To further assist the customer, a system is now in place whereby jobseeker customers who have consented to be contacted by mobile phone receive an SMS message to remind them that they are due to sign-on in the coming days. The SMS reminder mechanism will be made available to all jobseeker customers over the coming months.

The signing day reminder was removed from jobseeker payment receipts in recent weeks. This is purely a temporary measure and the reminder facility will be re-instated on payment receipts at the earliest possible opportunity. In addition to the signing process, customers are occasionally required to attend their local office as part of the programme to assist them in their attempts to secure employment. They also may be required to attend their local office for an in-depth review of their jobseeker entitlements. Written requests to attend such meetings are issued in advance to customers in all such cases.

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