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Wednesday, 25 Sep 2013

Written Answers Nos. 121-127

Redundancy Payments

Questions (121)

Mattie McGrath

Question:

121. Deputy Mattie McGrath asked the Minister for Social Protection when a person (details supplied) in South Tipperary will receive their enhanced redundancy payment; and if she will make a statement on the matter. [40112/13]

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Written answers

As previously advised, on 7th December 2011 the issue of statutory redundancy was heard before the Employment Appeals Tribunal (EAT) with 22 appellants seeking a redundancy payment. The EAT upheld that 20 of the 22 appellants were entitled to a statutory redundancy payment from their former employer, the organisation to which the Deputy refers. The appeals of the other two appellants were withdrawn at the hearing.

Following the EAT decision, redundancy lump sum claims in respect of the 20 eligible employees were received by the Department. The 20 claims have been awarded and payment of their statutory redundancy entitlement, issued directly to those former employees in May 2012. It should also be noted that when the project closed, FÁS offered each JI Participant on the scheme alternative employment with other community employers in Tipperary, including the retention of accumulated service and pay. These positions were approved by FÁS, were additional to existing positions and would not have displaced jobs of existing workers. Only one person took up this offer.

In relation to an enhanced severance package, to which the Deputy refers, I am advised that no basis exists to enable payment of an enhanced severance package to Job Initiative participants. Finally, it should be noted that the Department has no outstanding statutory redundancy payment claims on hand in respect of the organisation to which the Deputy refers.

Disability Allowance Appeals

Questions (122)

Jack Wall

Question:

122. Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) against the decision to refuse an application of disability allowance; and if she will make a statement on the matter. [40114/13]

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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 12th July 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on the 15th of August 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 in relation to social welfare entitlements.

Social Welfare Code Issues

Questions (123)

Michelle Mulherin

Question:

123. Deputy Michelle Mulherin asked the Minister for Social Protection the reason no directive has issued to the chief appeals office in relation to the implementation of the recent change in legislation pertaining to part-time fire fighters Social Welfare and Pensions (Miscellaneous Provisions) Act 2013; and if she will make a statement on the matter. [40117/13]

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Written answers

Section 9 of the Social Welfare & Pensions (Miscellaneous Provisions) Act 2013 introduced new provisions to exempt retained (part-time) firefighters from the substantial loss of employment condition relating to Jobseekers payments. The Regulations to give effect to these provisions were signed into law on 10th July 2013 and staff of my Department were notified of the changes.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department in determining appeals against decisions in relation to social welfare entitlements. I am advised by the Social Welfare Appeals Office that Appeals Officers have been made aware of the new provisions.

Carer's Allowance Appeals

Questions (124)

Jack Wall

Question:

124. Deputy Jack Wall asked the Minister for Social Protection the position regarding a carer's allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40121/13]

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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 27th March 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 26th August 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 in relation to social welfare entitlements.

Natural Heritage Areas Review

Questions (125)

Frank Feighan

Question:

125. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the position regarding payment for bogland in respect of a person (details supplied) in County Leitrim. [40119/13]

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Written answers

The land referred to by the Deputy is located in a natural heritage area designated in 2003.

In May 2010, the previous Government decided that turf cutting should come to an end on all raised bog natural heritage areas at the end of 2013. However, as set out in the Programme for Government, the current Government undertook to review the situation with regard to raised bog natural heritage areas.

This review is currently underway and the future of turf cutting on such sites is being considered as part of that review. It is my intention that the review will provide clarity for turf cutters and landowners, in advance of the 2014 turf cutting season and my Department will be contacting individual landowners and turf cutters on these sites in due course.

In April 2011, the Government made a decision to put in place a compensation scheme for those who have been required to cease cutting on the 53 raised bog special areas of conservation and my Department is giving priority to implementing this scheme. In the circumstances, and in light of the decision to review the approach to natural heritage areas more generally, the issue of any further purchase of land or rights in natural heritage area bogs, including the land referred to in the Deputy’s Question, is being kept under review.

Warmer Homes Scheme Eligibility

Questions (126)

Derek Nolan

Question:

126. Deputy Derek Nolan asked the Minister for Communications, Energy and Natural Resources if he will consider extending the warmer homes scheme to apartment buildings, particularly when applicants fulfil all of the other eligibility criteria; and if he will make a statement on the matter. [39870/13]

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Written answers

The Better Energy Warmer Homes Scheme is administered by the Sustainable Energy Authority of Ireland (SEAI) under the Better Energy programme. The scheme delivers a range of energy efficiency measures to eligible households that are vulnerable to energy poverty. The scheme is primarily delivered through Community Based Organisations augmented by a panel of private contractors. Homes are also addressed on an area-based approach through a separate strand. Measures available include draught proofing, attic insulation, lagging jackets for hot water tanks, low energy light bulbs and cavity wall insulation and are free of charge to the customer.

The eligibility criteria of the Warmer Homes scheme provide that the property must be an owner occupied non-Local Authority home constructed before 2006. In addition, the owner must be in receipt of one of the following:

- Fuel Allowance as part of the National Fuel Scheme;

- Job Seekers Allowance for over six months and with a dependent child or children under 7 years of age;

- Family Income Supplement.

The SEAI has informed my Department that applications from eligible apartment owners are included in the services provided under the Warmer Homes Scheme. The insulation upgrades will be delivered to eligible apartments where it is technically feasible to do so.

Any interested party who may wish to find out more information about the measures available to them under the Warmer Homes scheme should contact the SEAI at 1800 250 204.

Broadband Services Provision

Questions (127)

Mattie McGrath

Question:

127. Deputy Mattie McGrath asked the Minister for Communications, Energy and Natural Resources when a sufficient broadband service will become available in an area (details supplied) in County Tipperary as the homes and businesses in this area are finding it extremely difficult to operate without a sufficient service; and if he will make a statement on the matter. [39873/13]

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Written answers

Ireland’s telecommunications market has been fully liberalised since 1999 in accordance with the requirements of binding EU Directives. The market has since developed into a well-regulated market, supporting a multiplicity of commercial operators, providing services over a diverse range of technology platforms. Details of broadband services available in each County, including County Tipperary, can be found on ComReg’s website at www.callcosts.ie.

The State can only intervene to ensure access to broadband services in areas where the competitive market fails to deliver such services, as in the case of the National Broadband Scheme (NBS) and the Rural Broadband Scheme. Broadband services under the NBS are available since October 2010 from the NBS service provider, “3”, to persons with a fixed residence or fixed business in the designated NBS Electoral Divisions. The combination of private investment and State interventions means that Ireland has met the EU Commission’s Digital Agenda for Europe target of having a basic broadband service available to all areas by 2013. The area referred to in the Deputy's question is serviced under the NBS.

The Government’s National Broadband Plan, which I published last Autumn, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses, including those in County Tipperary. This will be achieved by providing:

- a policy and regulatory framework that assists in accelerating and incentivising commercial investment, and

- a State-led investment for areas where it is not commercial for the market to invest.

Since the publication of the Plan, investments by the commercial sector are underway in both fixed line and wireless high speed broadband services. In order to progress the State-led investment for areas where it is not commercial for the market to invest, a full procurement process must be designed and EU State Aids approval must be obtained.

My Department is engaged in a comprehensive mapping exercise of the current and anticipated investment by the commercial sector to identify where the market is expected to deliver high speed broadband services over the coming years. The results of this mapping exercise will inform the level of Government intervention that may be required and the precise areas that need to be targeted in the State-led investment as envisaged in the National Broadband Plan.

Intensive technical, financial and legal preparations, including stakeholder engagement, are ongoing. The procurement process for the approved intervention will be carried out in accordance with EU and Irish procurement rules and it is expected that it will be launched in 2014.

Through the implementation of the National Broadband Plan, I am committed to ensuring that all parts of Ireland have access to high speed broadband, with a view to ensuring that all citizens and businesses can participate fully in a digitally enabled society.

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