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Tuesday, 8 Oct 2013

Written Answers Nos. 292-310

County and City Enterprise Boards Issues

Questions (292)

Thomas Pringle

Question:

292. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation the salary scale for chief executive officer of county enterprise boards; the length of service of each CEO; the severance packages or pensions available to them should they leave their post on the dissolution of the county enterprise boards on or before the enactment of the County Enterprise Boards (Dissolution) Bill; and if he will make a statement on the matter. [42408/13]

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Written answers

The pay of the Chief Executive Officers (CEOs) of the County Enterprise Boards (CEBs) is subject to normal Public Service pay guidelines. At present, the abated salary range, which applies to CEOs who did not join the CEB Pension Scheme, ranges from €63,423.30 up to €82,156.01 while the non-abated salary ranges from €66,637.34 up to €86,253.78.

The CEOs would have been appointed at various stages over the lifetime of the CEBs and, accordingly, their length of service would range from the inception of the CEBs in 1993 to more recent appointees in the last 12 months.

On retirement CEOs of CEBs do not receive a severance package but the normal Public Service pension provisions would apply.

Redundancy Statistics

Questions (293)

Brendan Griffin

Question:

293. Deputy Brendan Griffin asked the Minister for Social Protection the savings made due to the changes to State redundancy contributions since 2011; if the matter is open to review; if she is concerned that the changes are acting as a barrier to employers taking on new permanent employees; and if she will make a statement on the matter. [41935/13]

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Written answers

The purpose of the redundancy payments scheme is to compensate workers, under the Redundancy Payments Acts, for the loss of their jobs by reason of redundancy.

Compensation is based on the worker’s length of reckonable service and reckonable weekly remuneration, subject to a ceiling of €600 per week.

It is the responsibility of the employer to pay statutory redundancy to all their eligible employees. Employers who pay statutory redundancy payments to their employees are entitled to a rebate of a portion of that payment from the State if the date of dismissal by reason of redundancy is before 1 January 2013.

In Budget 2012 the level of the rebate was reduced from 60% to 15% and in Budget 2013 the Government decided to remove the redundancy rebate to employers in respect of redundancies where the date of dismissal is on or after 1 January 2013.

Where an employer can prove that he/she cannot afford to pay a statutory redundancy payment, the State makes a lump sum payment directly to the individual and a debt is raised against the employer which the State will endeavour to recover. The Budget changes have no impact on the level of these payments.

Rebates to employers and lump sums paid directly to employees are paid from the Social Insurance Fund (SIF). I am very concerned about the deficit in the SIF. One of the factors which influenced the Government’s decision to reduce the level of the rebate initially and to remove it in Budget 2013 was the increasing cost of rebates.

While the SIF is constituted primarily from employer contributions, the taxpayers’ contribution is also significant. I do not see why this country should continue to borrow money to plug the hole in the SIF in order to compensate often profitable companies for the cost of making their employees redundant in Ireland and, in some cases, transferring their employment abroad.

The continuation of the rebate payment was not sustainable in the current economic climate. While this may cause difficulties for employers it should be noted that redundancy rebate payments to employers are not common in many EU and other jurisdictions. The current arrangements bring Ireland more closely into line with practice in other countries and it is not proposed to review the matter.

As the number of redundancy claims received by the Department has reduced in recent years it is not possible to attribute all of the decrease in expenditure on redundancy rebates to the Budget changes. However, it is worth noting that expenditure on redundancy rebate payments decreased from €373.3 million in 2010 to €188.3 million in 2011 and to €167.4 million in 2012.

I am not aware of any evidence that the removal of the redundancy rebate is acting as a barrier to employers taking on permanent employees.

Back to Education Allowance Appeals

Questions (294)

Patrick Nulty

Question:

294. Deputy Patrick Nulty asked the Minister for Social Protection if a review of the decision not to grant back to education allowance in respect of a person (details supplied) in Dublin 15 can be undertaken. [42075/13]

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Written answers

The qualification criteria for back to education allowance stipulate that the approved full-time education course must lead to a higher qualification on the National Framework of Qualifications other than that already held; existing participants cannot pursue a course at a similar qualification level.

A Case Officer will meet with the person concerned to review options and seek to agree a suitable progression route.

Social Welfare Eligibility

Questions (295)

Caoimhghín Ó Caoláin

Question:

295. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the number of widowed or surviving civil partner grant applications received by her Department from persons who were not formally married or entered into civil partnership but living together with dependent children over the past three years; the number of instances per year in which such applications were successful; and if she will make a statement on the matter. [41806/13]

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Written answers

The social welfare code recognises three types of relationship between couples which includes those who are married, civil partners and cohabitants. The term civil partner only applies to a person who has registered their civil partnership. Cohabitants are same sex or opposite sex couples who are living together.

Widowed or surviving civil partner grant is a once-off payment of €6,000 to widows, widowers or surviving civil partners with dependent children. It is not payable to someone who was not married to, or in a registered civil partnership with another person.

The following table shows the number of applications for widowed or surviving civil partner grant received since 2010. A total of 183 claims have been disallowed during that period. Of this cohort, four were disallowed because the application was received from a person who was not the spouse or civil partner of the deceased.

Year

Received

Disallowed

2010

1,224

48

2011

1,178

44

2012

1,130

53

2013 (to end-August)

800

38

Jobseeker's Allowance Appeals

Questions (296)

Bernard Durkan

Question:

296. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlement to jobseeker's allowance in respect of a person (details supplied) in County Kildare in the aftermath of disposal of property, the capital balance of which affected their entitlement to same; and if she will make a statement on the matter. [41811/13]

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Written answers

A review of the jobseekers allowance claim of the person concerned was undertaken following his disposal of a property. A new entitlement of €122.80 jobseekers allowance per week has now been established.

Jobseeker's Allowance Appeals

Questions (297)

Seán Ó Fearghaíl

Question:

297. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if a person (details supplied) who has no source of income will be immediately assessed for jobseeker's allowance application which is currently under appeal; and if she will make a statement on the matter. [41815/13]

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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 03rd October 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

If the means of the person concerned are insufficient to meet her needs it is open to her to contact Community Welfare Services regarding her entitlement to supplementary welfare allowance pending the completion of the appeal process.

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.

Invalidity Pension Appeals

Questions (298)

Michael Creed

Question:

298. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on an invalidity pension appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [41843/13]

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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 31st 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.

Social Welfare Code Issues

Questions (299)

Maureen O'Sullivan

Question:

299. Deputy Maureen O'Sullivan asked the Minister for Social Protection if the living alone allowance is deemed a core social welfare payment within her Department; and if she will make a statement on the matter. [41844/13]

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Written answers

The term “core social welfare payments” refer to those primary weekly payments that are intended to enable recipients to meet their basic day-to-day income needs. These payments include weekly paid income support schemes such as State pensions.

The Department pays out a range of other payments, both cash and non-cash on a weekly, monthly or less frequent basis. These payments are considered secondary, or non-primary, in nature.

The living alone increase is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments, including State pensions and who are living alone. It is also available to people who are under 66 years of age who are living alone and are in receipt of disability allowance, invalidity pension, incapacity supplement and blind pension.

The payment of the living alone increase is considered secondary, or non-primary, in nature.

Social Welfare Eligibility

Questions (300)

Gerald Nash

Question:

300. Deputy Gerald Nash asked the Minister for Social Protection if she will consider including those in receipt of a one parent family payment for consideration for participation under the momentum scheme; and if she will make a statement on the matter. [41860/13]

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Written answers

The Momentum initiative to provide free education and training projects for up to 6,500 long-term jobseekers. The initiative is administered by FÁS and funded by the Department of Education and Skills through the National Training Fund (NTF) and co-financed by the European Social Fund (ESF). In line with the commitments given in Pathways to Work, eligibility for the Momentum initiative is targeted at the long term unemployed and a participant must meet the following criteria:- Be unemployed and on the Live Register for 12 months (312days) or longer and- Be in receipt of Jobseekers Allowance/Benefit from the Department of Social Protection (DSP) or credited contributions for 12 months or longer and- Be actively seeking work.

Receipt of a one parent family allowance does not satisfy the criteria for this initiative. However, the Deputy should note the wide range of other activation supports available to those in receipt of this payment. It should also be noted that the Momentum initiative represents a small percentage of the state-funded places provided in 2013 in further education, higher education and training.

Eligibility for accessing many of these interventions is not contingent on receipt of a social welfare payment or signing for credited contributions. Extension of the Momentum initiative to those not associated with the Live Register is not being considered given the current size and construct of the Live Register, in particular the numbers of people who are now long-term unemployed.

Social Welfare Code Issues

Questions (301, 302)

Nicky McFadden

Question:

301. Deputy Nicky McFadden asked the Minister for Social Protection the extent to which volunteering is promoted within social welfare offices here; if all social welfare officers are encouraged to promote volunteering as an option available to jobseekers and to make jobseekers aware of volunteering services available in their locality; and if she will make a statement on the matter. [41864/13]

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Nicky McFadden

Question:

302. Deputy Nicky McFadden asked the Minister for Social Protection if current internal guidelines in social welfare offices for the voluntary work option will be updated to ensure that no anomalies occur between deciding social welfare officers; if public guidelines will be updated to ensure that job seekers can clearly find eligibility criteria for the voluntary work programme and examples of suitable roles and acceptable levels of voluntary work; and if she will make a statement on the matter. [41868/13]

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Written answers

I propose to take Questions Nos. 301 and 302 together.

I am deeply conscious of the long tradition of volunteering in this country and the contribution that volunteering makes to Ireland’s social fabric. In recognition of the vital role played by the voluntary community, my Department operates a Voluntary Work Option scheme for customers on the Jobseeker schemes. Under these arrangements a Jobseeker customer may engage in voluntary work within the State without affecting their entitlements provided they continue to satisfy the statutory conditions of being available for and genuinely seeking work.

The aims of the Voluntary Work Option are twofold, namely: i)- to encourage voluntary organisations to involve jobseekers to the greatest extent possible in their activities by creating new opportunities for voluntary work; and ii)- to inform jobseekers of their freedom to involve themselves in voluntary work and to encourage them to do so.

Examples of voluntary work in which jobseekers may engage include helping the sick, elderly or persons with a disability or assisting youth clubs, church groups, sports groups, cultural organisations and local resident associations. Voluntary groups may be locally or nationally organised and may include community groups.

Details of the Voluntary Work Option arrangements are published on the Department’s website and, in order to ensure that the profile is raised, all staff involved in the administration of the Jobseeker schemes were recently reminded of these arrangements and of the operational procedures under which they operate.

Social Welfare Overpayments

Questions (303)

Eoghan Murphy

Question:

303. Deputy Eoghan Murphy asked the Minister for Social Protection the reason for the basis of an alleged overpayment in respect of a person (details supplied) in Dublin 2; the hearings and findings that took place; when the person was notified of this fine; and if she will make a statement on the matter. [41905/13]

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Written answers

An overpayment has arisen in this case as the person concerned was in employment as a cleaner, from 17th February 1997 to 31st August 1999, while simultaneously receiving payments of jobseeker’s allowance. She did not inform her Social Welfare Local Office that she was working and continued to claim on the basis that she was fully unemployed. The person concerned was interviewed under caution on 8th September 1999 when this was put to her. At this interview she admitted to working while concurrently claiming jobseeker’s allowance.

There is no fine or penalty, administrative or court-imposed, in this case but rather a straightforward recovery of the amount of benefit overpaid as a result of her non-disclosure of employment. The person concerned was notified of the fine on 17th September 1999. Her total overpayment of jobseeker’s allowance was £9083.45 which equated to €11533.60. She agreed to deductions of £2.00 per week in 1999 from her jobseeker’s allowance payment. She then agreed on 2nd April 2003 to a deduction of €5.00 per week from her one parent family payment claim. To date the outstanding balance is €8223.60.

Disability Allowance Appeals

Questions (304)

Emmet Stagg

Question:

304. Deputy Emmet Stagg asked the Minister for Social Protection if a decision to terminate a person's disability allowance will be reviewed by the original deciding officer on foot of correspondence from a person (details supplied) in County Kildare. [41922/13]

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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 10th June 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 23rd September 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 additional evidence submitted, by the person concerned, 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.

Social Welfare Code Issues

Questions (305)

Bernard Durkan

Question:

305. Deputy Bernard J. Durkan asked the Minister for Social Protection if a PRSI refund for 2006-2007 will be arranged in the case of a person (details supplied) in County Kildare who should not have paid PRSI for this year as they were over 66 years of age; and if she will make a statement on the matter. [41960/13]

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Written answers

With effect from 1 January 2010 an application for the return of PRSI contributions was limited to within four years of the last day of the contribution year in respect of which the contributions concerned were paid. The legislation governing this four year limitation is contained in section 38A to the Social Welfare Consolidation Act 2005.

As the application on behalf of the person referred to by the Deputy was received in December 2012, a refund was given for the previous four years in accordance with the above legislation.

Rent Supplement Scheme Application Numbers

Questions (306)

Aengus Ó Snodaigh

Question:

306. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the number of persons in receipt of rent supplement for more than three months. [41966/13]

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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. The Government has provided over €403 million for the scheme for 2013. There are currently 82,000 rent supplement recipients of which approximately 75,000 are in receipt of the supplement for more than three months.

Invalidity Pension Appeals

Questions (307)

Michael Creed

Question:

307. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on an invalidity pension appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [41987/13]

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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 31st 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.

Farm Assist Scheme Appeals

Questions (308)

Seán Fleming

Question:

308. Deputy Sean Fleming asked the Minister for Social Protection when farm assist will be granted to a person (details supplied) in County Laois; and if she will make a statement on the matter. [42001/13]

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Written answers

The Social Welfare Appeals Office has advised me that an oral hearing of this case was held on 06th August 2013. At the hearing the person concerned undertook to provide additional information to the Appeals Officer. To date, this information has not been received. As soon as the additional information is received, the Appeals Officer will complete her consideration of the appeal.

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.

Pension Provisions

Questions (309, 337)

Michael Healy-Rae

Question:

309. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason workers pay into their private pension schemes from their gross income less the State pension of €230.30 and not from their gross income; if it is possible to pay in from gross income, as workers are losing money going into pensions under the current scheme; and if she will make a statement on the matter. [42011/13]

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Michael Healy-Rae

Question:

337. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason workers pay into their private pension schemes form their gross income less the State pension of €230.30 and not from their gross income; if it is possible to pay in from gross income in view of the fact that workers are losing money going into pensions under the current scheme; and if she will make a statement on the matter. [42446/13]

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Written answers

I propose to take Questions Nos. 309 and 337 together.

I understand from your question that the type of pension scheme you are referring to is an integrated pension scheme. An integrated pension scheme is one where the State pension is viewed as part of the total pension package promised to employees on retirement.

Integration is used as a means of taking into account the benefits payable under the social welfare system to calculate the amount of occupational pension required, so that the combined pension from both sources is at the level set in designing the scheme and to calculate the level of contribution payable by the employee towards the cost of their occupational pension.

The rationale for integrated schemes is to make retirement schemes as efficient as possible, .i.e. to take account of total income after retirement, and to allow for the fact that almost all members are likely to qualify for a State pension to which the employee and the employer have contributed.

If an employee wishes to make additional contributions to his/her normal contributions, he/she may do so if the rules of the particular scheme permits such contributions to be made. If the scheme rules do not permit AVCs to be made, then a Standard Personal Retirement Savings Account (PRSA) must be offered by his /her employer for the purpose of making AVCs.

Carer's Allowance Appeals

Questions (310)

Michael Creed

Question:

310. Deputy Michael Creed asked the Minister for Social Protection the reason for the delay in communicating the outcome of an oral hearing of a carer's allowance application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [42032/13]

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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 including that adduced at the oral hearing, has decided to partially allow the appeal of the person concerned. 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.

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