Written Answers Nos. 323-338
323. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made in respect of an appeal for jobseeker's allowance in the case of a person (details supplied) in Dublin 14; and if she will make a statement on the matter. [33388/13]
View answerInvalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. This Department received a claim for invalidity pension for the person concerned on 28 March 2013. The medical evidence provided by the claimant in support of his claim was examined by a medical assessor who was of the opinion, based on the evidence provided, that the person concerned is not eligible for invalidity pension as he does not satisfy the medical criteria. The application for invalidity pension was disallowed by a deciding officer. The person in question was notified of this decision and the reason for it on 15 May 2013.
Further medical evidence was subsequently submitted by the claimant. This additional evidence, along with the original information, was evaluated by a different medical assessor who expressed the opinion that the person concerned does not satisfy the medical criteria. The deciding officer confirmed the original decision and notified the claimant of the outcome on 04 July 2013, advising him of his right to appeal the decision to the independent Social Welfare Appeals Office.
324. Deputy Willie O'Dea asked the Minister for Social Protection if she will outline the number of Money Advice and Budgeting Service companies that have concluded service level agreements with the Citizens Information Board; if she will provide in tabular form the number of staff employed by MABS by office and county; and if she will make a statement on the matter. [33393/13]
View answerThe Money Advice and Budgeting Service (MABS), under the aegis of the Citizens Information Board, provides a high quality personal service to assist 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 some €47.4 million from the exchequer of which some €19 million has been assigned to MABS and €14.6 million has been assigned to the Citizens Information Services. The corresponding allocation to the Citizens Information Board in 2012 was €46.8 million of which some €18.3 million was allocated to MABS and €14.6 million for the Citizens Information Services.
The Citizens Information Board is responsible for ensuring that all appropriate governance arrangements are in place in relation to the expenditure of these public funds. It is essential that this significant amount of public monies is carefully monitored and properly accounted for, in terms of financial accountability, effective performance and excellent delivery of quality services to the customer and taxpayer, who ultimately funds these services. The Board is responsible for ensuring that all appropriate governance arrangements are in place in relation to the expenditure of these public funds.
An important element of assessing accountability is through the formal arrangement of Service Level Agreements. These contracts are agreed by the governing board of the Citizens Information Board and cover standard items such as service delivery, governance, financial controls, HR practices, reporting, evaluation, monitoring etc. This enables the Board to ensure that excellent service and best value is achieved across the wide range of services it provides.
With regard to the 2013 Agreement 42 CIS companies, the Citizens Information Phone Service, the Sign Language Interpreting Service and 28 MABS companies have to date signed a Service Agreement with the Citizens Information Board. The Citizens Information Board is engaging with the remaining companies to resolve outstanding matters and following consultation with the MABS and CIS network is bringing forward a longer term contract to govern the period to end 2016. I am confident this will secure the agreement of all and would like to assure the Deputy that there is no risk to service delivery and all parties are fully engaged in ensuring that the excellent service to those most in need continues as required.
There are 205.29 whole time equivalent (WTE) staff in the local Money Advice and Budgeting Service with an additional 12 WTE temporary Resource Money Advisors assigned to MABS early 2012 for a 2 year contract. In addition to these, there are 16 temporary posts assigned to the Approved Intermediary Service, for the purposes of processing debt relief notices under the new Insolvency Service of Ireland, of which 15 have a one year contract and 1 has a two year contract. The following table outlines the WTE staff by office/county.
|
MABS COMPANY |
Total WTE Staff |
Resource Money Advisors |
|
Arklow |
3 |
0.5 |
|
Athlone |
2.5 |
|
|
Ballymun |
5.42 |
0.5 |
|
Blanchardstown |
4.5 |
0.5 |
|
Bray |
4.5 |
0.5 |
|
Carlow |
5.02 |
|
|
Cavan |
4 |
|
|
Charleville |
3 |
|
|
Clare |
4 |
|
|
Clondalkin |
5 |
|
|
Cork |
6.8 |
1 |
|
Drogheda |
3 |
|
|
Dublin 10 & 20 |
4.9 |
0.5 |
|
Dublin 12 Area |
4.3 |
|
|
Dublin North City |
4 |
|
|
Dublin North East |
3.5 |
0.5 |
|
Dublin South East |
3.6 |
|
|
Dún Laoghaire |
4 |
0.5 |
|
Dundalk/Oriel |
3 |
|
|
Dundrum/Rathfarnham |
4.1 |
|
|
Fingal (North County) |
4.5 |
0.5 |
|
Finglas/Cabra |
5 |
|
|
Kerry |
7 |
|
|
Kildare |
6.35 |
0.5 |
|
Kilkenny |
4 |
|
|
Laois |
3 |
0.5 |
|
Leitrim |
2.5 |
|
|
Liffey South West |
5.2 |
|
|
Limerick |
5 |
1 |
|
Longford |
2.5 |
|
|
Meath |
4 |
|
|
Monaghan |
3 |
|
|
Mullingar |
2.5 |
|
|
National Traveller |
3 |
|
|
North Cork |
4.4 |
|
|
North Donegal |
5 |
|
|
North Galway |
3 |
0.5 |
|
North Mayo |
3 |
|
|
North Tipperary |
3 |
0.5 |
|
Offaly |
3 |
|
|
Roscommon |
3 |
|
|
Sligo |
3 |
0.5 |
|
South Donegal |
2 |
|
|
South Galway |
7 |
0.5 |
|
South Mayo |
3 |
0.5 |
|
South Tipperary |
5.6 |
|
|
Tallaght |
4 |
1 |
|
Waterford |
4.9 |
1 |
|
West Cork |
3 |
0.5 |
|
West Donegal |
2 |
|
|
West Waterford |
2.2 |
|
|
Wexford |
4.5 |
|
|
Total WTE Staff |
205.29 |
12 |
* The 12 temporary Resource Money Advisors (RMAs) were assigned to MABS early 2012 for a 2 year contract.
For clarification, RMAs are not included in the total wte staff in the middle column, but are separately identified in the third column.
Note: The above figures do not include MABS NDL(18) or National Traveller MABS(8)
325. Deputy Willie O'Dea asked the Minister for Social Protection if she will outline the role of the Money Advice and Budgeting Service in relation to the Personal Insolvency Act; if she will provide MABS with any further resources to deal with the increased demand on its services as a result of the new legislation; and if she will make a statement on the matter. [33394/13]
View answerThe 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.
The Money Advice and Budgeting Service is made up of a network of 53 companies, which includes 51 local companies and 2 national companies MABS National Development Limited and National Traveller MABS. There are some 277 money advice staff employed across the MABS network.
The Personal Insolvency Act 2012 provides for a Debt Relief Notice for persons with no assets or income with unsecured debts of up to €20,000. With the assistance of an approved intermediary, a person may apply for a Debt Relief Notice which will allow for the full write-off of qualifying unsecured debt after a three year supervision period. The Citizens Information Board (CIB), which has the statutory responsibility for the Money Advice and Budgeting Service (MABS) has agreed to my request that MABS be an approved intermediary for the purpose of processing applications for Debt Relief Notices. Those who can avail of Debt Relief Notices are typically part of the MABS core client cohort of people on low incomes in debt or in danger of falling into debt.
I am very pleased that sanction has been given for 16 temporary staff to be assigned to MABS for up to 2 years, to establish an Approved Intermediary Service as part of the new Insolvency Service. The CIB and MABS National Development Limited are working closely to ensure that the appropriate structures are in place within MABS to implement this new and important statutory role. Over 100 Money Advisers have been trained and accredited by the University of Ulster, and all MABS staff have been trained on the core elements of the Personal Insolvency legislation. An Approved intermediary Service Transition Unit has been established to provide a flexible national resource across services. CIB and MABS are also engaging proactively with the Insolvency Service to ensure that the Approved Intermediary Service is fully operational in time for the commencement of service.
I am satisfied that MABS will play an important role in the new arrangements for dealing with debt and will continue to provide a high quality personal service to assist people in overcoming their indebtedness and managing their finances.
326. Deputy Willie Penrose asked the Minister for Social Protection if she will outline the entitlements available to a person who will be 66 years of age in January 2015 and who would normally qualify for an old age pension; if she will state what payment system will now be implemented to fill this gap year arising from the new system of pension payments; and if she will make a statement on the matter. [33397/13]
View answerThe Social Welfare and Pensions Act, 2011 provides that State pension age will be increased gradually to 68 years. This will begin in 2014 with the abolition of the State pension (transition) thereby standardising State pension age for all at 66 years. The State pension age will be further increased to 67 years in 2021 and to 68 years in 2028. These changes apply to all fully insured employees. For anyone who is age 66 in January 2015 and provided they meet the qualifying conditions for State pension, the State pension will be available to them.
There will be no gap year, as described by the Deputy, for anyone who is aged 66 in 2015 provided they meet the qualifying criteria for the State pension. Social welfare payments are made up to the age of 66. The main social welfare payment available to those who leave employment before pension age is jobseekers benefit. Persons who qualify for a job seekers payment who are aged between 65 and 66 years are generally entitled to receive payment up to the date on which they reach pensionable age (66 years).
Raising State pension age and the abolition of the State pension (transition) is a necessary step in ensuring the sustainability of pensions into the future. The recently published OECD report on the Review of the Irish Pension System confirms that reforms are necessary if we are to continue to put pension provision on a sustainable footing given the changes in demographics, the deficit in the Social Insurance Fund, and the difficult fiscal situation.
327. Deputy Willie Penrose asked the Minister for Social Protection if she will consider removing the habitual residence condition as a requirement for eligibility for carer's allowance for persons returning here to provide full-time care; and if she will make a statement on the matter. [33398/13]
View answerThe requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. This qualifying condition is applied to all applicants, regardless of their nationality.
The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland. The habitual residence condition (HRC), as provided for in section 246 of the Social Welfare (Consolidation) Act, 2005 (as amended), applies to claims for jobseeker’s allowance, non-contributory State pension, blind pension, non-contributory widow’s and widower’s pensions and guardian’s payment, one-parent family payment, carer’s allowance, disability allowance, supplementary welfare allowance including rent supplement, and child benefit. A person who does not have a right to reside in the State shall not be regarded as being habitually resident in the State. HRC does not apply to exceptional needs or urgent needs payments under the supplementary welfare allowance scheme.
Each case received for a determination on HRC is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case. I have no plans to make any changes in relation to the habitual residence condition in relation to carer’s allowance.
328. Deputy Peadar Tóibín asked the Minister for Social Protection if she will confirm that the process for medical reviews of appeals for benefits such as invalidity pension and disability allowance is a desk exercise in which a medical assessor may not have detailed knowledge of the medical conditions of the person seeking the review; and if she will confirm that a person seeking an appeal has the right to access all medical reports used in the appeals process. [33405/13]
View answerAppeals cases for schemes such as invalidity pension and disability allowance are also normally medically assessed at desk level on the basis of assessment of medical evidence submitted by the customer and with reference to the Department’s evidence based medical guidelines and protocols. However the option is available to assess someone by in person assessment in special circumstances, if considered necessary. Prior to an appeal, the customer is encouraged to submit any fresh medical evidence. All Appeals assessments are carried out by a different Medical Assessor to the one who completed the original medical assessment.
Medical Assessors are fully qualified and experienced medical practitioners who provide an opinion for the guidance of the Department's Deciding Officers. Their medical assessments conform to the ethical conduct and behaviour guidelines of the Medical Council. Medical Assessors are required to be medical practitioners who are on the general register of medical practitioners while holding an appointment. It is a necessary requirement that, on appointment, they have at least six years satisfactory experience in the practice of medicine since registration. Many of the Medical Assessors have specialist post-graduate qualifications including Occupational Medicine, Psychiatry, Surgery and General Medicine. All Medical Assessors have received special training in Human Disability Evaluation. The Medical Assessors have an on-going commitment to continuing medical education to ensure that standards are maintained and enhanced.
Any person seeking an appeal is entitled to make a written request for copies of all medical reports pertaining to their own personal records or seek access to this information under the Freedom of Information Act 1997 and 2003.
329. Deputy Patrick O'Donovan asked the Minister for Social Protection the position regarding an appeal regarding an invalidity pension in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [33419/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 7 May 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.
330. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on their application for carer's allowance; and if she will make a statement on the matter. [33420/13]
View answerI confirm that the Department received an application for carer’s allowance from the person in question on 1 February 2013 in respect of the care of two people. The person concerned was refused carer’s allowance for one of the care recipients on the grounds that the care recipient was not so disabled as to require full time care and attention as prescribed in regulations. The application in respect of the other care recipient was approved.
She was notified of these decisions on 25 May 2013, and of her right of review or appeal in relation to the disallowed application. The person concerned appealed this decision to the Social Welfare Appeals Office and submitted further medical evidence in support of the appeal. This additional evidence is being reviewed and the application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.
331. Deputy Sean Fleming asked the Minister for Social Protection if she will review the decision to withhold the respite care grant of €1,375 in respect of a person (details supplied) in County Laois as this is basically for the benefit of their child and that there is an agreement in place regarding the previous overpayment of amounts from her Department; and if she will make a statement on the matter. [33422/13]
View answerThe person concerned has a substantial overpayment of almost €59,000, most of which remains to be recovered, and it is in this context that it was decided to offset arrears due to her against the overpayment. The person concerned was communicated with and given an opportunity to comment on the proposal before the decision to withhold the moneys was made. Her comments were considered and a decision made to withhold this amount.
The person concerned was awarded domiciliary care allowance (DCA) on appeal recently and the arrears of DCA due for the months February to June 2013 along with the respite care grant (RCG) amounting to over €2,900 have now been withheld to reduce the amount outstanding to be repaid to the Department. Under the current repayment agreement in place, it will take over 20 years to repay the amount overpaid. The RCG payable in respect of two other children in the family, who are also in receipt of DCA and amounting to €2,750, was paid in June 2013.
332. Deputy Sean Fleming asked the Minister for Social Protection if a supplementary welfare allowance-rent supplement may be paid to a person (details supplied); and if she will make a statement on the matter. [33423/13]
View answer337. Deputy Seán Kyne asked the Minister for Social Protection if rent supplement may be paid to a person in respect of a dwelling which was bequeathed to that person and several other siblings in equal shares; and if her Department officials are empowered to demonstrate a degree of flexibility in respect of the different circumstances of each case while also remaining within the general qualifying parameters of a departmental scheme. [33479/13]
View answerI propose to take Questions Nos. 332 and 337 together.
The purpose of rent supplement is to provide short term income support to assist with reasonable accommodation costs of eligible people living in private rented accommodation who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from another source. Under the rules governing entitlement to rent supplement, the Department must establish that the applicant is a bona fide tenant. In determining whether the applicant is a bona fide tenant the Department will generally require documentary evidence including: details of the lease agreement, proof of ownership of the property, documentation that the tenancy has been registered with the PRTB, where necessary.
In addition, there a number of other qualifying conditions for the scheme including at the time of the application, the claimant must: have been residing in private rented accommodation (where at the commencement of the tenancy the person could have reasonably afforded the rent and has experienced a substantial change in his or her circumstances where they are now unable to pay the rent) or accommodation for homeless persons or in an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement, or have had an assessment of housing need carried out within the 12 months preceding the date of claim and have been deemed by a housing authority to be eligible for and in need of social housing support. If these conditions are met, a customer’s entitlement to rent supplement will be considered.
333. Deputy James Bannon asked the Minister for Social Protection the scheduled date for an oral hearing for a person (details supplied) in relation to their one parent family payment in view of the fact that their previous hearing was adjourned due to insufficient information; if she accepts that this is not a new hearing but a relisting of a previous hearing; that this person is now waiting in excess of 12 months to have their claim decided on; if she will indicate when the date will be scheduled and when this claim will be decided in view of the fact that this person is now experiencing serious financial hardship; and if she will make a statement on the matter. [33433/13]
View answerFurther to my response to Parliamentary Question No. 131 on 19 June 2013, I am advised by the Social Welfare Appeals Office that an oral hearing of this case, which was scheduled to be heard on 19 February 2013, was postponed at the hearing at the request of the person concerned through his solicitor. The Appeals Officer granted the adjournment and returned the file to the Social Welfare Appeals Office to deal with a Freedom of Information request dated 5 April 2013. This information was provided to the solicitor of the person concerned on 24 April 2013.
I have been advised that the case has now been re-listed for an oral hearing and that the Social Welfare Appeals Office will endeavour to hold the oral hearing at the earliest possible date. It is not possible to confirm the date of the oral hearing at this time, however, the appellant will be informed as soon as arrangements have been finalised. 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.
334. Deputy Regina Doherty asked the Minister for Social Protection the position regarding a domiciliary care allowance application in respect of a person (details supplied); and if she will make a statement on the matter. [33437/13]
View answerAn application for domiciliary care allowance (DCA) was received in respect of the person concerned on the 24th May 2013. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Upon receipt of this opinion, a decision will issue to the person concerned. It can take up to 8 weeks to process an application for DCA.
335. Deputy Arthur Spring asked the Minister for Social Protection the social benefit entitlements a person who entered the workforce prior to 1995 is entitled to, with special reference to invalidity pension, following the awarding of a change of status credits to that person and considering that the change of status credits are awarded back to the beginning of the contribution year during which that person's status changed and for the previous contribution year; and if she will make a statement on the matter. [33446/13]
View answerChange of Status credits may be awarded when an insured person, following a period during which s/he was insured at a modified rate of contribution (e.g. PRSI Class B, C or D), commences employment that is insurable for State Pension (Transition) or State Pension (Contributory) purposes. These credits are reckonable only for the State Pension (Transition), the State Pension (Contributory) and the Bereavement Grant. The credits are awarded for the period between the beginning of the contribution year last preceding that in which s/he commenced such employment and the date of commencement of such employment. These credited contributions may be awarded on one occasion only.
336. Deputy Michelle Mulherin asked the Minister for Social Protection when a decision will be made on an appeal in respect of a person (details supplied) in County Mayo; if she will expedite same due to the hardship the person is suffering due to limited income; and if she will make a statement on the matter. [33462/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11 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.
It is not possible to give an approximate date when a decision will be issued to the person concerned. In order to be fair to all appellants, appeals are dealt with in strict chronological order. However it is open to the person concerned to contact their local Community Welfare Service concerning their possible eligibility for Supplementary Welfare Allowance if their income is insufficient to meet their needs while their appeal is pending. 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.
338. Deputy Noel Coonan asked the Minister for Social Protection when an appeal for carer's allowance will issue in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [33483/13]
View answerI am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 26th June 2013 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when the appeal has been determined. 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.
