Written Answers Nos. 394-412
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Written Answers Nos. 394-412
394. Deputy Robert Dowds asked the Minister for Social Protection the social welfare payments that are made to persons living overseas; and the reasons for making the payment to an overseas resident in the case of each payment. [40969/13]
View answerThe social security rights of people living and working in the EU and EEA are governed by EU regulations 883/2004 which co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. As a Member State of the European Union, Ireland is bound to apply these regulations in accordance with the objective of the EC Treaty regarding free movement of persons.
One of the principles of these regulations is that nationals of one EEA State are entitled to have their benefit paid in any other EEA State. These benefits include: jobseeker's benefit, illness benefit, occupational injuries benefits, maternity benefit, adoptive benefit, health and safety benefit, invalidity pension, state pension (transition), state pension (contributory), widow’s or widower’s contributory pension, treatment benefit, bereavement grant, guardian's payment (contributory) and carer’s benefit.
Ireland also has a number of bilateral social security agreements with countries outside the EU/EEA. The main purpose of the bilateral agreements on social security is to protect the pension rights of persons who have paid social insurance contributions in Ireland and have reckonable periods in the other country. Reckonable periods in the other country may be periods of insurance or of residence depending on the social security system in that country. The agreements protect pension rights by allowing reckonable periods in each country to be taken into account in either country in determining entitlement to certain benefits where there would be no entitlement if national legislation only applied.
Ireland has bilateral social security agreements with Canada, the Republic of Korea, Australia, the United States of America, New Zealand, Québec, Switzerland (largely superseded by EU Regulations), the United Kingdom (covering those parts of the United Kingdom that are outside of the European Union), and Japan. Payments covered by these agreements include: state pension (contributory), state pension, transition), invalidity pension, widow's/widower's (contributory) pension and guardian's payment (contributory).
395. Deputy Patrick O'Donovan asked the Minister for Social Protection the position regarding an appeal for carer's allowance in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [41009/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 07th August 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.
396. Deputy Joan Collins asked the Minister for Social Protection her views on correspondence (details supplied) regarding the JobsPlus scheme. [41015/13]
View answerPathways to Work sets out the Government’s policy on labour market activation to address the employment crisis. In line with these commitments, those long-term on the live register are the focus of interventions across Government Departments and agencies. JobsPlus was launched on 8th July 2013. This is a new simpler incentive that replaced two schemes -Employer Job PRSI Incentive Scheme and the Revenue Job Assist Scheme - to encourage employers to recruit and employ persons who have been unemployed for long periods. Subject to meeting the eligibility criteria and creating a full-time position, employers will receive a direct cash incentive over two years if the person they hire has been unemployed for a prolonged period. The level of payment is higher where a person who has been unemployed for a longer period is recruited and retained.
JobsPlus is designed to be a focused and attractive incentive to employers to employ the longer term unemployed. The initiative is operating on a pilot basis initially and consideration to broadening eligibility will not arise until the impact of the initiative has been examined. Further information regarding the scheme can be found at www.jobsplus.ie.
397. Deputy Pat Deering asked the Minister for Social Protection the short term plans that are in place to reduce barriers to volunteering for unemployed persons; and if she will consider the formation of a national strategy to support volunteering. [41019/13]
View answerThe jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The Revised Estimates for the Department provide for expenditure on the jobseeker’s schemes of €3.66 billion in 2013. Legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work in order to be entitled to jobseeker’s benefit or jobseeker’s allowance. Any person who fails to satisfy these conditions is not entitled to a jobseeker’s payment.
However, the Department does encourage people to engage in voluntary work within the State. Any person who engages in voluntary work may continue to be entitled to Jobseeker’s Benefit or Allowance provided that, in engaging in the voluntary work, the customer continues to satisfy the statutory conditions of being available for and genuinely seeking work. Examples of voluntary work in which jobseekers may engage include:
- helping the sick, elderly or persons with a disability;
- assisting youth clubs, church groups, sports groups, cultural organisations, local resident associations.
The groups involved may be nationally organised groups or local voluntary or community groups. The aim of the Voluntary Work Option is twofold, namely – to encourage voluntary organisations to involve jobseekers to the greatest extent possible in their existing activities by creating new opportunities for voluntary work and to inform jobseekers of their freedom to involve themselves in voluntary work and to encourage them to do so. In addition, the existing Community Employment Scheme, operated by FÁS, offers the opportunity to unemployed persons to participate in paid employment in the social economy.
Consideration of a national strategy to support volunteering would be a matter for my colleague the Minister for Environment, Community and Local Government in the first instance.
398. Deputy John McGuinness asked the Minister for Social Protection further to Parliamentary Question No. 284 of 9 July 2013, the progress that has been made on this matter; and if employees concerned will be paid by her Department. [41026/13]
View answerThe purpose of the insolvency payments scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act, 1984, which, in turn, derives from EU Council Directive 987/80, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice & Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal, Rights Commissioners, etc., are also covered by the scheme. Payments under the scheme are made from the Social Insurance Fund and the Minister becomes a preferential creditor against the assets of an employer in respect of most amounts paid under the scheme.
Where a person’s former employer was a limited company, the company should be in liquidation or receivership in order for the person to be eligible to claim under the insolvency payments scheme. In such circumstances, the liquidator or receiver becomes the relevant officer for submitting claims under the scheme as he or she has access to the company records and can certify that the amounts claimed are in order. I am aware that there are some cases where employers have ceased trading without engaging in a formal winding-up process. In some such cases, such as the one referred to in Parliamentary Question No. 284 of 9 July 2013, the company may have closed owing certain payments or statutory awards to its former employees.
The legislative position with regard to these types of situations continues to be reviewed with a view to establishing what, if anything, can be done to progress payments to individuals where no liquidator or receiver has been appointed.
399. Deputy John McGuinness asked the Minister for Social Protection if an application for carer's allowance now under appeal will be expedited in respect of a person (details supplied) in County Carlow. [41028/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30 July 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.
400. Deputy John McGuinness asked the Minister for Social Protection if an application for invalidity pension now under appeal will be expedited in respect of a person (details supplied) in County Kilkenny. [41032/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12 September 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.
401. Deputy John McGuinness asked the Minister for Social Protection if an appeal for invalidity pension will be expedited in respect of a person (details supplied) in County Kilkenny. [41034/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27 August 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.
402. Deputy John McGuinness asked the Minister for Social Protection if an appeal for disability allowance will be expedited in respect of a person (details supplied) in County Kilkenny. [41035/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 4 September 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.
403. Deputy Pat Deering asked the Minister for Social Protection the reason for such strict regulation to avail of unemployment benefits based on a contributions record from another EU country in view of having to have at least one week's insurable work here; and the options there are or the assistance available to a family if no insurable work is available. [41040/13]
View answerThe jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The Revised Estimates for the Department provide for expenditure on the jobseeker’s schemes of €3.66 billion in 2013. The social security rights of workers and their families moving within the EU are dealt with by EU regulations on the coordination of social security systems. These regulations deal with a wide range of issues including the jurisdiction in which people should pay social insurance, the aggregation of contributions made in other Member States, liability for payment of benefits and in the case of pensions, how those benefits are calculated. The competent Member State for insurance and benefits is decided on the basis of a priority list starting with employment and ending with residence.
In relation to jobseeker’s benefit the regulations provide that eligibility for benefit is dependent on the person’s most recent social insurance contributions being made in the competent Member State. Accordingly, a person must make their last contribution here before being eligible for benefit. They can, of course, count contributions made in other Member States towards qualification once their last contribution has been paid in this jurisdiction. Any person who is involuntarily unemployed and fails to qualify for jobseeker’s benefit may claim jobseeker’s allowance which is subject, inter alia, to a means test and a habitual residence condition.
405. Deputy Paul J. Connaughton asked the Minister for Social Protection if expenses incurred in complying with REP scheme, agri-environment options scheme and special areas of conservation measures are deducted for the purposes of assessing income for farm assist as stated on the Citizens Information website; and if she will make a statement on the matter. [41078/13]
View answerThe farm assist scheme is based on jobseeker’s allowance. It was introduced in 1999 to replace ‘Smallholders Unemployment Assistance’ for low income farmers, without the requirement to be available for and genuinely seeking work. The Revised Estimates for the Department provide for expenditure on the farm assist scheme of €99.45m in 2013.
Payments received under the Rural Environment Protection, Agri-Environment Options and Special Area of Conservation schemes are assessed separately from other farm income. With regard to this income the first €2,540 is disregarded, then 50% of the balance and related expenses are disregarded - with the subsequent balance being assessed as means. The purpose of the separate assessment of income from these schemes, including the treatment of expenses which relate to costs associated with qualifying for and maintaining compliance with the schemes such as preparing farm agri-environment plans, fencing, wall building and on-going maintenance, is to encourage environmentally friendly farming practises. Guidelines for the farm assist scheme and guidelines relating to the assessment of income from farming are published on my Department’s website: www.welfare.ie.
406. Deputy Noel Coonan asked the Minister for Social Protection when a decision on an invalidity allowance appeal will issue in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [41082/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 9 September 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.
407. Deputy Thomas P. Broughan asked the Minister for Social Protection if it is possible to receive back to education allowance in respect of a level 9 third level course. [41083/13]
View answerThe back to education allowance scheme (BTEA) supports persons who have been in receipt of a social protection payment to pursue full-time courses of education at second level and courses to higher diploma level in any discipline and to a Professional Diploma in Education (level 8 in National Framework of Qualifications (NFQ) in third level colleges. Other postgraduate qualifications including a masters qualification (level 9 on the NFQ) are not generally eligible for support from BTEA. This requirement can be waved on a limited and exceptional basis where a college grants an exemption from the requirement to hold a primary degree (or diploma) and based solely on relevant life experience of the applicant admits that person to a masters course (level 9 on NFQ). This is the only instance that BTEA covers a level 9 third level course. BTEA is not available to any person pursuing a doctorate or level 10 course of study. I have no plans to alter these arrangements.
408. Deputy Damien English asked the Minister for Social Protection the total number of personnel in her Department that work on medical assessments; the number of medical assessors currently employed by her Department; the number of these who, in addition to being qualified doctors, have attained specialist medical qualifications; if she will list such specialist medical qualifications; and if she will make a statement on the matter. [41100/13]
View answerThere are currently twenty one Medical Assessors, including the Chief Medical Advisor (CMA) and Deputy Chief Medical Advisor (DCMA), who conduct medical assessments across the range of my Department's illness related schemes. Medical Assessors (MA) are fully qualified and experienced practitioners who provide a second opinion to that of the person’s own doctor. Their assessments conform to the ethical conduct and behaviour guidelines of the Irish Medical Council.
They are required to be on the general register of medical practitioners while holding an appointment in the Department and must have at least six years satisfactory experience in the practice of medicine since registration before appointment. While a specialist post-grad qualification is not a requirement for appointment as an MA the specialist post-graduate qualifications held by the MA team, inclusive of the CMA and DCMA are outline in tabular format below and the acronyms are also explained in tabular format. There are also a number of MAs who have done a full 6 month rotation in Psychiatry as part of their GP specialist training.
Following appointment all Medical Assessors receive special training in eligibility assessment and disability evaluation. They have an on-going commitment to continuing medical education to ensure that standards are maintained and enhanced. They work in a collegiate way to ensure that best practice and professional expertise is shared and applied across all of the cases that are reviewed by them. This includes daily case conference meetings and a medical research unit has been established to actively engage in the update of the body of medical knowledge and evidence based practice. Further recruitment of Medical Assessors is underway.
Specialist Post- graduate Qualifications Held by the MA Team
|
No. of MAs |
Qualification(s) |
No. of MAs |
Qualification(s) |
|
|
1. |
D.C.H. ; D. Obst., RCPI; C.F.P.; MICGP; Fellow of the Faculty of Occupational Medicine, RCPI; FAADEP. |
1 |
FRCSI, FRCSEd, Diploma in Medical Therapeutics, Diploma in Health Management |
|
|
1 |
DCP |
1 |
Specialist Training in Psychiatry |
|
|
2 |
DCP & MRCPI Psychiatry |
|
ACRONYMS |
|
D.C.H.= Diploma in Child Health |
|
D.Obst., RCPI = Diploma on Obstetrics, Royal College of Physicians of Ireland |
|
C.F.P. = Certificate in Family Planning |
|
MICGP = Member of the Irish College of General Practice |
|
FAADEP = Fellow of the American Academy of Disability Evaluating Physicians |
|
DCP = Diploma in Clinical Psychiatry |
|
MRCPI = Psychiatry Membership of the Royal College of Physicians of Ireland, Faculty of Psychiatry |
|
LFOM = Licenced Fellow of Occupational Medicine |
|
FRCSI/FRCSEd – Fellow of Royal College of Surgeons of Ireland/Edinburgh |
409. Deputy Damien English asked the Minister for Social Protection the number of invalidity pension applications made to her Department for each of the years 2010, 2011, 2012, and to date in 2013; the number of refusals for each of theses years; if she will provide the information in tabular readable form. [41101/13]
View answerInvalidity pension is a payment for people who are permanently incapable of work due to illness or injury and who satisfy the PRSI contribution conditions. It is essentially a demand-led scheme and the number of claims awarded and disallowed in any year reflects the extent to which the claims received satisfied the statutory conditions for receipt of invalidity pension. The information you require is below in tabular form as requested.
INVALIDITY PENSION CLAIMS
|
Year |
Received |
Awarded |
Disallowed |
|
2010 |
8774 |
3445* |
3411* |
|
2011 |
14621 |
2107# |
4697# |
|
2012 |
11510 |
6352 |
11423 |
|
2013 |
6467 |
6823 |
6651 |
A breakdown of Invalidity claims awarded and disallowed is not available from December 2010-June 2011. A dual payments system was in operation from December 2010 until all claims were migrated onto a new computer platform in May 2011.
* Breakdown for period January 2010 - November 2010 inclusive
# Breakdown for period June 2011 - December 2011 inclusive
2013 figures up to 31 August 2013
411. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will provide a table with details relating to jobseeker's benefit, jobseeker's allowance, illness benefit, disability allowance, carer's allowance and one parent family payment, respectively, listing the year of the latest fraud and error survey undertaken, the percentage of each sample who were found to be in overpayment by the survey, the size of the sample in the survey; the size of the associated control saving; and the total number of recipients on the scheme the same year. [41120/13]
View answerFraud and error surveys are an integral part of the Department’s overall approach to control and tackling social welfare fraud. The current rolling schedule of fraud and error surveys of social welfare schemes, as set out in the Fraud Initiative, is considered by the Department to be a very important tool for estimating the risk and developing policy measures to tackle fraud and error and monitoring their impact. The outcomes of surveys are analysed and an appropriate control response is developed.
Fraud and Error Surveys are a snapshot of payments on a scheme at a point in time. The surveys identify areas of risk within schemes and the Department takes steps to address, ameliorate and eliminate these risks identified. The information requested by Deputy in respect of fraud and error surveys on various schemes is outlined in the following table:
|
Scheme |
Year of Survey |
No. of Cases |
Estimated Fraud as % of Expenditure on Scheme (based on F&E surveys) |
Recipients at end of year of survey |
|
Jobseekers Benefit |
2011 |
1,000 |
1.6% |
96,044 |
|
Jobseekers Allowance |
2012 |
1,000 |
Survey report being finalised |
294,442 |
|
Illness Benefit |
2006 |
1,000 |
0.4% |
65,774 |
|
Disability Allowance |
2010 |
1,000 |
2.1% |
101,111 |
|
Carer’s Allowance |
2014 |
1,000 |
Scheduled for 2014 |
56,568 (August 2013) |
|
One Parent Family Payment |
2011 |
1,000 |
2.7% |
90,307 |
Control savings are not calculated as part of fraud and error surveys. My Department has a comprehensive programme of reviews of customer claims across all social welfare schemes.
412. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the size of the total control saving figure from the most recent year available; the total number of cases that were reviewed; and the number of those that were found to involve overpayment. [41121/13]
View answerThe Department’s control work is measured in terms of control savings. Control savings are used as a performance indicator for year-on-year activities and are an estimate of the value of the various control activities across the schemes in payment. They refer to future expenditure that would have been incurred but for this control work. Without this control work the social welfare expenditure would over time increase by this amount. Control savings do not include any cases of departmental or clerical error. Control savings do not include any cases where the customer voluntarily told the Department of their means or circumstances, which resulted in a change to their rate of payment.
In 2012 the Department recorded control savings of €669m and carried out over 1 million reviews. In 2012, there were approximately 127,000 overpayments amounting to €97m which represented 0.47% of total Departmental expenditure. Overpayments arising from activity suspected of being fraudulent amounted €41m in 2012. In this context it is important to note that the 2012 volumes are distorted by approximately 60,000 once-off overpayments totalling €1.2m that arose from the payment in error of an additional week’s fuel allowance. Comparable figures for year-on-year analysis are 67,000 overpayments amounting to €95.8m. It is also important to bear in mind that overpayment amounts recorded in 2012 may have occurred in previous years.
