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Thursday, 26 Sep 2013

Written Answers Nos. 126 - 138

Garda Vetting Applications

Questions (127)

Marcella Corcoran Kennedy

Question:

127. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection her plans to allow the acceptance of statutory declarations due to the delays in the processing of Garda vetting applications; and if she will make a statement on the matter. [40151/13]

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Written answers

Approval to work, or train to work, with children and/or vulnerable adults is granted upon successful completion of the recruitment and selection process which includes appropriate vetting checks with the Garda Central Vetting Unit. No individual may work or train with children and/or vulnerable adults pending the outcome of the Garda vetting process. Applicants already sign a declaration of good character as part of the application process. The protection of children is paramount and, therefore, a statutory statement will not suffice.

However, it is important to point out that there has been a substantial reduction in the turnaround time in the vetting of applications for Community Employment and backlogs are being reduced.

Rent Supplement Scheme Eligibility

Questions (128)

Seán Ó Fearghaíl

Question:

128. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection the extent to which the Department considers criminality and anti social behaviour in awarding rent allowance, and if, conscious of the fact that some local authorities, prior to allocating social housing, carry out some level of vetting on applicants, the Department is in a position to similarly assess rent allowance applicants; and if she will make a statement on the matter. [40163/13]

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Written answers

The purpose of the rent supplement scheme is 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 over 82,500 rent supplement recipients for which the Government has provided over €403 million for 2013. In the case of private rented accommodation, tenancy arrangements involve a contract between the landlord and tenant and tenant behaviour is a matter for the landlord in the first instance. There are a number of avenues open to landlords in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board and/or recourse to the Garda Síochána and/or the Courts in relation to the enforcement of the law in dealing with anti-social or criminal behaviour. If necessary, the landlord may seek termination of the tenancy which, if affected, would result in the termination of rent supplement. The Programme for Government contains a commitment to review the operation of the rent supplement scheme with a view to introducing a code of conduct for rent supplement eligibility similar to that which operates for local authority tenants. The purpose of this review is to ensure that tenants who are receiving long term support from the State under the rent supplement scheme are subject to the same type of anti-social behaviour regime as local authority tenants. The most appropriate way for this to happen is for local authorities to take over responsibility for meeting the accommodation needs of these individuals, which would also result in these individuals being subject to the local authority vetting procedures. The Department is currently working closely with the Department of Environment, Community and Local Government in transferring responsibility for the provision of rental assistance to persons with a long term housing need from this Department to local authorities using a new Housing Assistance Payment (HAP). It is intended that testing of HAP will be carried out in selected local authorities during 2014 subject to the enactment of the relevant legislation.

Social welfare legislation already provides the Department with the authority to refuse, suspend or terminate payment of a rent supplement in the case of a person who has been required to deliver up possession of a dwelling provided by a housing authority or an approved body where the reasons for that requirement include anti-social behaviour or the interests of good estate management.

Back to Education Allowance Eligibility

Questions (129)

John Halligan

Question:

129. Deputy John Halligan asked the Minister for Social Protection the rationale behind the recent decision to impose an obligation on those moving from a VTOS payment to a back to education allowance, BETA, payment to apply for a jobseeker's payment before being assessed for BTEA; if she will acknowledge this change is causing undue stress to those wishing to move to a BTEA in 2013; if she will commit to enable those persons in the VTOS system to move seamlessly to a BTEA payment and restrict the change to new entrants to the schemes (details supplied); and if she will make a statement on the matter. [40167/13]

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Written answers

The Back To Education Allowance (BTEA) is a second chance education opportunities scheme designed to support jobseekers and other categories of social protection payment recipients to improve their skill base and re-enter the labour market. Recipients of the allowance must be in receipt of a qualifying social protection payment immediately prior to the commencement of a course of study.

Changes were introduced to the BTEA as a result of measures agreed in the context of the last Budget, the pressure on resources and following the implementation of a number of recommendations arising from the review of employment support schemes, which was published in January 2013 and was followed by a stakeholder consultation. As a general principle, BTEA will only be considered where a prior entitlement to a social protection payment has been established. BTEA is not intended as an alternative funding mechanism for the pursuit of full-time education, given that options already exist under the student grant schemes operated and funded by the Department of Education and Skills.

The provision that allowed a person on Vocational Training Opportunities Scheme (VTOS) and certain other schemes to transfer directly to BTEA ceased in line with the review findings mentioned above. A person participating on VTOS must now establish an underlying entitlement to a DSP payment in order to qualify for BTEA. These changes will ensure that the main source of public income support for persons attending further and higher education are the means-tested student grant schemes. It will also lessen the risk that BTEA may become an alternative funding stream for accessing further and higher education courses involving substantial higher costs for the Exchequer and leading to inequalities for students.

The priority for this Department is that BTEA will be focused, targeted and suitable for the needs of the unemployed and the labour market in the future. In this context it is worth noting that the numbers availing of BTEA and the associated cost of the scheme has risen dramatically in recent years. Numbers for the current 2012/13 academic year are 25,961 which represents a 191% increase on the 2007/08 numbers.

Carer's Allowance Payments

Questions (130)

Nicky McFadden

Question:

130. Deputy Nicky McFadden asked the Minister for Social Protection if the half rate carer's allowance will be protected; and if she will make a statement on the matter. [40176/13]

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Written answers

No decisions have yet been taken by the government in relation to overall social welfare expenditure for next year, and any such decision in relation to specific social welfare schemes will only be considered in the context of framing Budget 2014.

Employment Support Services

Questions (131)

Andrew Doyle

Question:

131. Deputy Andrew Doyle asked the Minister for Social Protection if she will provide an update on the establishment of an Intreo office in Bray, County Wicklow, due to be operational in late 2013; the services that will be available at the office; and if she will make a statement on the matter. [40178/13]

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Written answers

As the Deputy will be aware, Intreo is the new integrated employment activation and supports service model delivering on the ‘Pathways to Work’ policy. The ‘Pathways to Work’ policy commits to the provision of more regular and on-going engagement and greater targeting of activation places and job opportunities for those who are unemployed. It also aims to increase engagement and incentivise employers to provide more jobs for people who are unemployed.

The delivery of the Intreo service comprises a number of elements. The main elements being:

i. The integration of the various welfare decision making processes to speed up decision making and minimise recourse to supplementary welfare payments.

ii. The introduction of a profiling process to capture the unique characteristics and service requirements of each jobseeker.

iii. The implementation of a systematic group activation engagement and one to one process based on clients’ profiles.

iv. The delivery of a ‘one-stop-shop’ service from an integrated office location.

Invalidity Pension Appeals

Questions (132)

Tom Fleming

Question:

132. Deputy Tom Fleming asked the Minister for Social Protection the position regarding an invalidity pension appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [40197/13]

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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 30th May 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 have been received in the Social Welfare Appeals Office 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.

If the means of the person concerned are insufficient to meet his needs he should contact the Community Welfare Services regarding his possible entitlement to Supplementary Welfare Allowance.

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 Issues

Questions (133)

Andrew Doyle

Question:

133. Deputy Andrew Doyle asked the Minister for Social Protection if she will provide a detailed explanation regarding credits for past periods of employment for the benefit of receiving social welfare; the lapse periods that are currently in operation and the reason they exist; if a person is permitted to buy back their credits; if she will provide a detailed outline of all the rules in place; when each of the rules currently in place came into effect; and if she will make a statement on the matter. [40216/13]

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Written answers

PRSI credited contributions (“credits”) are an integral part of the social insurance system. For the most part they are linked to having an underlying entitlement to a social welfare payment while temporarily detached from the labour force or having entitlement to statutory leave e.g. parental or maternity leave. The primary purpose of PRSI credits is to secure social welfare benefits and pensions of employees by covering gaps in insurance where they are not in a position to pay PRSI such as during periods of unemployment, illness, etc.

In order to qualify for credits, a person must first have entered insurable employment - he or she must have paid at least one PRSI contribution as an employed contributor. Subsequently, insured workers may be awarded credits if they claim a social welfare payment because they are out of work, or they are ill or incapacitated, or if they are engaged in certain training or educational courses. If at any stage in their working life, a person has no PRSI paid or credited contributions for two full tax years, they cannot be awarded credits again until they return to work and pay PRSI contributions for at least 26 weeks.

The PRSI class at which a contributor paid his or her last PRSI contribution while working, determines the type of credits which may be awarded. Those whose last paid PRSI contribution was at Class A may be awarded Class A credits. Those who paid PRSI, for example, at Class D (modified rate contributor) may only be awarded Class D credits.

Credits do not, on their own, give an individual entitlement to social insurance benefits. They may, however, may assist insured workers to qualify for various social insurance benefits. While the contribution conditions applying to the various social insurance schemes can vary, a claimant must, in general, have:

(a) paid a minimum number of weekly contributions (ranging from 52 for short term benefits to 520 in the case of pensions), and

(b) a certain number of contributions or credits over a specified period. In the case of short term benefits the number of contributions or credits relates to the relevant tax year. In the case of long-term benefits (e.g. pensions) this is on the basis of the yearly average number of contributions and/or credits over the person's working life.

Credits cannot be used to satisfy condition (a). Thus, credits are only of value to a person who satisfies this "paid contribution" test.

The system of credits and the conditions governing the award of credits have evolved over a number of years. When the consolidated system of social insurance was set up under the Social Insurance Act 1952, it was based on the principle that once a person became insured under the Act, that individual would be able to maintain their status as an insured person and their entitlements to various benefits of the system. Since then the system of credits has developed in line with the development of new schemes and payments. The current legislative provisions governing the award of credits are contained in S.I. No. 312 of 1996. Further details relating to credits and the conditions applying to the various social insurance schemes can be found on the Department’s website www.welfare.ie.

Individuals are not permitted to buy back credits in relation to an earlier period of their working life. They may, however, be in a position to establish an underlying entitlement to credits for that period of time. Individuals, who cease to be covered by compulsory social insurance, may opt to protect their existing long-term social insurance pension entitlements by becoming insured on a voluntary basis and paying voluntary contributions. A person who wishes to become a voluntary contributor must satisfy certain contribution conditions and must apply to become a voluntary contributor within 12 months after the end of the contribution year in which he/she was last compulsorily insured.

Public Relations Contracts Expenditure

Questions (134)

Colm Keaveney

Question:

134. Deputy Colm Keaveney asked the Minister for Social Protection the name and business address of all of the providers of public relations services to the Department since the current Government came into office: the total amount spent on such services in the same period; and if she will make a statement on the matter. [40225/13]

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Written answers

The Department’s press office deals with all media queries and public relations matters. No money has been spent by my Department on public relations consultancy during the period in question.

Invalidity Pension Appeals

Questions (135)

Bernard Durkan

Question:

135. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 451 of 2 July 2013, in the case of a person (details supplied) in County Kildare, if the relevant medical report from the most recent medical assessment on 27 May 2013 in Oisin House has been requested in respect of a pending appeal; if it is recognised that a person with such a condition is likely to be unacceptable to an employer on health and safety grounds; and if she will make a statement on the matter. [40247/13]

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Written answers

The Social Welfare Appeals Office has advised me that an invalidity pension appeal by the person concerned was registered in that office on 9th May 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 have been received in the Social Welfare Appeals Office 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.

All documentary evidence, including the most recent medical assessment referred to by the Deputy, will be brought to the attention of the Appeals Officer who is assigned this case.

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.

Household Benefits Scheme

Questions (136)

Thomas P. Broughan

Question:

136. Deputy Thomas P. Broughan asked the Minister for Social Protection if, in view of recent figures that almost one in ten persons aged 65 and over is at risk of poverty and almost half of older persons living alone are in the bottom 40% of the income bracket CSO 2013, she will reverse changes to the household benefit package; and if she will make a statement on the matter. [40256/13]

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Written answers

The recently published Survey on Income and Living Conditions (SILC) Thematic Report on the Elderly shows that, in 2011, as in 2010, the elderly had the lowest at risk of poverty rate when compared with other age groups. This was in contrast to 2004 when the elderly had the highest at risk of poverty rate. The at risk of poverty rate for people over 65 fell from 27.1% in 2004 to 9.7% in 2011. There was no statistically significant changes in the rate between 2009, 2010 and 2011.

The Government’s target in relation to consistent poverty for older people has been achieved as can be seen in the data which shows that those aged 65 and over had the lowest consistent poverty rate at 1.9% in 2011 when compared with those aged 18-64 (6.8%) and those aged 0-17 (9.3%). Similar patterns could be observed in 2009 and 2010.

The Government has had to make very difficult decisions in recent years. However, at all times, pensioners have been prioritised and there have been no cuts in their primary payments.

In 2013, my Department will spend an estimated €284 million on the household benefits scheme, providing some 410,000 customers with a package of benefits worth almost €700 per year. In addition, during the winter, some 410,000 customers will receive the fuel allowance of €20 per week at a cost of €211 million. As those elderly who live alone and those aged over 80 are among the cohort more at risk of poverty, my Department provides an additional weekly living alone increase of €7.60 and an over 80s increase of €10.

I am not in a position to reverse the changes to the household benefits package. There are considerable challenges ahead to protect, as far as possible, the key income supports provided by my Department which impact in some way on the lives of almost every person in the State. As part of the deliberative process for the budget, my Department will analyse all schemes, and in so far as possible, the distributive and poverty impact of possible welfare changes. No decisions have been made at this time with regard to the upcoming Budget.

Farm Assist Scheme Appeals

Questions (137)

John O'Mahony

Question:

137. 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 farm assist; and if she will make a statement on the matter. [40286/13]

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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.

Rent Supplement Scheme Eligibility

Questions (138)

Seán Ó Fearghaíl

Question:

138. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if, having awarded rent allowance to a person, the Department carries out any form of monitoring to ensure that the person conforms to the terms of the scheme with no subletting or co-habiting taking place; and if she will make a statement on the matter. [40294/13]

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Written answers

The purpose of the rent supplement scheme is 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 approximately 82,500 rent supplement recipients for which the Government has provided over €403 million for 2013. Control is an integral part of the day-to-day administration of the rent supplement scheme. Where a recipient’s circumstances change, they must inform the officer dealing with their rent supplement claim who will determine if the change affects their on-going entitlement to the payment. There are a number of operational controls in place to ensure that payment of rent supplement does not continue to those who no longer have an entitlement such as regular review of claims and warning reports issuing to officers where there is a change in the recipients circumstances which would prompt a review of entitlement. Reviews of claims are generally carried out once to twice yearly, when new information becomes available or more frequently where the risk of overpayment is high. Reviews of rent supplement also involve third party verification by landlords and may include home visits if necessary. In 2012 the Department introduced new powers of enquiry to landlords which allow staff to formally request landlords to provide information in respect of their rent supplement tenants, principally to verify the agreed rent and existence of the tenancy. This measure further improves both the governance and oversight arrangements in place.

It is also open to any landlord to bring to the attention of the Department any instance where they suspect that a tenant is receiving payment in respect of accommodation where they no longer reside. Where the Department becomes aware that a person is not using rent supplement to meet the accommodation costs at the address provided, payment of the supplement is suspended and the matter investigated.

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