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Tuesday, 5 Nov 2013

Written Answers No. 489-505

Domiciliary Care Allowance Appeals

Questions (489)

Pat Breen

Question:

489. Deputy Pat Breen asked the Minister for Social Protection the position regarding a domiciliary allowance appeal in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [45985/13]

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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 2nd October 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.

Tax Code

Questions (490)

Maureen O'Sullivan

Question:

490. Deputy Maureen O'Sullivan asked the Minister for Social Protection her plans to counteract the serious effects resulting from the eradication of the one-parent family tax credit, such as increased poverty, resorting to social welfare, and increasing difficulties for parents to meet the costs of raising a family; if investment in affordable child care will form part of the initiatives to offset the consequences of the tax credit change; and if she will make a statement on the matter. [45988/13]

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Written answers

It was announced in Budget 2014 that, from 1 January, 2014, the one-parent family tax credit will be replaced with a new single person child carer tax credit. The one-parent family tax credit and the change to the single person child carer tax credit are the responsibility of my colleague the Minister for Finance, Michael Noonan T.D. and will be provided for in the Finance Bill (No. 2), 2013. This new tax credit will be to the same value as the current tax credit and will be available to the principal carer of a child. It will continue to act as an incentive for that parent to avail of employment opportunities.

It is not possible to quantify the impact that the introduction of the single person child carer tax credit may have on payments made to recipients of the One Parent Family payment (OFP) who are the principal carer of their child or children. However, as is normal practice my Department will continue to review cases where a change in circumstances is brought to its attention.

Child care policy, including the delivery and/or expansion of child care services, is the responsibility of my colleague the Minister for Children and Youth Affairs, Frances Fitzgerald, T.D. The after-school child care scheme announced in Budget 2013 will continue to provide subsidised after-school child care places into 2014. In addition, I have secured the agreement of the Minister for Children and Youth Affairs on a new strand of child care support for customers of my Department who are participating in the community employment scheme. This new childcare support will be provided via the existing child care education and training supports scheme that is currently administered by the Department for Children and Youth Affairs.

Civil Registration Legislation

Questions (491)

Ciara Conway

Question:

491. Deputy Ciara Conway asked the Minister for Social Protection further to Parliamentary Question No. 236 of 22 October 2013, if she will clarify if outdoor civil ceremonies in a public place are permitted by the legislation; if the registrar has the authority to decide on whether outdoor ceremonies are allowed; if she will clarify the way interested parties might engage with, or contribute to, this debate; if she will clarify if there will be a consultation process in terms of the Civil Registration (Amendment) Bill for those whom it affects (details supplied); the way relevant parties make their submissions on the issue known; and if she will make a statement on the matter. [45992/13]

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Written answers

The notification, solemnisation and registration of marriages are governed by Part 6 of the Civil Registration Act 2004. Section 51(2) (c) of the Act provides that a registered solemniser “…shall not solemnise a marriage unless the solemnisation takes place in a place that is open to the public”.

This is currently taken to mean that the place must be a building that is easily identifiable by its address, and that it is open to the public to enter at all reasonable times, but especially on the day on which an intended marriage is to be solemnised.

Section 8 of the Act outlines the functions of an tArd-Chláraitheoir. Section 8 (4) states “An tArd-Chláraitheoir shall be independent in the performance of his or her functions…” while section 8 (5) states “An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions…”.

A letter was issued by An tArd-Chláraitheoir after it came to his attention that it was intended to solemnise a number of marriages at private houses and at places where the exact locations were uncertain. The letter was issued to all religious and secular bodies. Were the address for the solemnisation of a marriage to be a private house, or be vague or imprecise for example, a large public park, the public policy objective of the provisions of section 51 of the Act as decided by the Oireachtas would be defeated.

My Department will keep the procedures regarding the solemnisation of marriages under review in the context of the updating of the Civil Registration Act 2004 through the Civil Registration (Amendment) Bill 2013 which I hope to publish early next year.

The Department intends to engage with stakeholders on the subject of marriage venues in the near future. The format of this engagement has yet to be decided.

Social Welfare Schemes

Questions (492)

Jerry Buttimer

Question:

492. Deputy Jerry Buttimer asked the Minister for Social Protection the supports her Department offers community associations to employ staff; and if she will make a statement on the matter. [46006/13]

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Written answers

My Department makes available a variety of supports to employers in support of the Government’s objectives of providing opportunities for unemployed people to get back into work. Community companies are eligible for supports under the Department's range of schemes. These include JobsPlus where a cash subsidy is paid over two years to an employer to recruit a person unemployed for over 12 months; JobBridge which provides for internships of nine months duration and a number of schemes aimed at supporting people with disabilities into work and the labour market. Additionally, community organisations are able to avail of work placements provided under a number of schemes such as community employment, Tús - the community work placement initiative, and the rural social scheme, which operates in more rural areas of the country. Further information on the full range of schemes, supports for employers and persons who are unemployed is available on the Department's website - www.welfare.ie or by contacting any office of the Department.

Carer's Allowance Appeals

Questions (493)

Dara Murphy

Question:

493. Deputy Dara Murphy asked the Minister for Social Protection when a decision will issue on an appeal for carer's allowance in respect of a person (details supplied) in Dublin 6W; and if she will make a statement on the matter. [46013/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned has been referred to an Appeals Officer, who will make a summary decision based on the documentary evidence presented or, if required, hold an oral hearing. I have been advised that if the appeal is to be decided summarily, a decision should issue to the person concerned within the next two to three weeks. If the Appeals Officer decides that an oral hearing is required, this hearing should take place no later than the first week in December.

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 on social welfare entitlements.

Question No. 494 withdrawn.

Appointments to State Boards

Questions (495)

Willie O'Dea

Question:

495. Deputy Willie O'Dea asked the Minister for Social Protection if she will name all persons appointmented by her to all boards or agencies under the aegis of her Department since March 2011; and if she will make a statement on the matter. [46023/13]

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Written answers

The statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Board, the Pensions Ombudsman (which does not have a board) and the Social Welfare Tribunal.

Citizens Information Board

I have made three appointments to the Citizens Information Board (CIB) since March 2011.

Mr. Eugene McErlean was appointed with effect from 7 September 2011. This followed an advertisement for expressions of interest from suitably qualified and experienced individuals on the Department’s website, www.welfare.ie which invited applicants to register their interest through the Public Appointments Service (PAS) website, www.publicjobs.ie .

The other two appointments did not require public advertisement as one was the Department’s representative to the Board, Ms. Fiona Ward, first appointed on 1 November 2011, and the other was the CIB’s staff representative to the Board, Mr. David Stratton who was appointed on 5 November 2012.

Pensions Board

No appointments have been advertised or made by me since I took office in March 2011.

Social Welfare Tribunal

The Board of the Social Welfare Tribunal consists of a Chairperson and four ordinary members, two of whom are nominated by the Irish Congress of Trade Unions (ICTU) and two by the Irish Business and Employers Confederation (IBEC), in accordance with legislation.

Six appointments have been made to the Tribunal since March 2011. One of the ICTU members of the Tribunal resigned in 2011 and, on ICTU’s nomination, a replacement member was appointed from 24 October 2011. All appointments were due for renewal on 4 October 2012.

Details of appointments to the Tribunal are listed as follows:

Chairman

IBEC

ICTU

Date of appointment

Date of re-appointment

-

-

Chris Rowland

24 October 2011

-

Colin Walker

Don O’Higgins

Michael Carr

Chris Rowland

Fergus Whelan

-

5 October 2012

5 October 2012

Defined Benefit Pension Schemes

Questions (496)

Willie O'Dea

Question:

496. Deputy Willie O'Dea asked the Minister for Social Protection the number of defined benefit pension schemes that failed to submit a revised plan to meet the funding standard in June 2013; the number of the schemes that did not submit funding proposals that are still outstanding; and if she will make a statement on the matter. [46024/13]

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Written answers

The Funding Standard as set out in Part IV of the Pensions Act requires the trustees of defined benefit pension schemes to maintain sufficient assets to meet the scheme liabilities in the event of the wind up of a pension scheme. Where a scheme fails to meet the Funding Standard, the trustees of the scheme are required to submit a funding proposal to the Pensions Board setting out it plan to restore scheme funding levels.

At the end of 2012, the annual report of the Pensions Board indicated that there were 993 defined benefits pension schemes. At the end of June 2013, 93 defined benefit schemes failed to submit funding proposals to meet the requirements of the Funding Standard. At present, 85 funding proposals are outstanding.

The Pensions Board is in on-going communication with the individual schemes. Where schemes in deficit have failed to submit a funding proposal, the Board is assessing, on a case by case basis, whether to make use of its powers under the Pensions Act which can include measures such as prosecution of the trustees for non-compliance or issuing a Section 50 order (reduction in benefits).

Question No. 497 withdrawn.

Social Welfare Code

Questions (498)

Tom Fleming

Question:

498. Deputy Tom Fleming asked the Minister for Social Protection her views on correspondence (details supplied) from Focus Ireland regarding young persons on social welfare; and if she will make a statement on the matter. [46067/13]

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Written answers

Receiving the full adult rate of a jobseekers or Supplementary Welfare Allowance payment at a young age, without a strong financial incentive to engage in education or training, can lead to welfare dependency from an early age. If they do not improve their skills, they are at risk of becoming long term unemployed from a young age. Therefore, it is considered necessary to provide young people with a strong financial incentive to engage in education or training or to take up employment.

In order to incentivise young people to avail of education and training opportunities and try to avoid them becoming welfare dependent from a young age, the age related changes made to Jobseekers Allowance and Supplementary Welfare Allowance rates in 2009 are being extended.

This decision was made on foot of on-going consideration of unemployment and incentives policy by Government. This is a targeted measure aimed at protecting young people from welfare dependency. This measure seeks to incentivise young people towards the skills required for the labour market. We are creating jobs and we want to ensure that our young people are well placed to take up these jobs.

The measure encourages young jobseekers to improve their skills and remain active in the labour market in order to avoid the risk of becoming long-term unemployed and will help them to progress into sustainable employment on a long-term basis. Where a person is in receipt of a rate of reduced jobseeker's allowance and he or she participates in a course of education or training a higher rate of €160 per week applies.

In preparation for the forthcoming implementation of the Youth Guarantee, Budget 2014 contained an additional €46 million to support a number of initiatives aimed at young people.

Focus Ireland have raised issues in relation to reduced rates of jobseeker’s allowance for younger persons. Having regard to these issues it is intended to roll-out a pilot community employment programme specifically targeted at affected young persons in emergency accommodation. The aim of this pilot programme will be to provide a pathway for participants out of emergency accommodation and provide them with the necessary skills and services to assist them to live independently. It is hoped that results from this pilot programme will inform wider policy development with regard to young persons in emergency accommodation.

While the primary issue in this regard is a housing issue rather than one of income support, the Department of Social Protection has an important role in the delivery of solutions to homelessness. Generally, this role relates to income maintenance where homeless people have entitlements to the full range of social welfare schemes subject to the normal qualifying conditions, but the Department also engages in inter-agency responses to homelessness and through its work in the Homeless Persons Unit provides assistance to people in sourcing the most appropriate accommodation available. This ensures that where possible, people are diverted away from homeless services and towards community-based supports. In this context, the Department will continue to engage with Focus Ireland, and other stakeholders, in relation to issues relating to rates of jobseeker’s allowance for persons under the age of 26.

Question No. 499 answered with Question No. 421.

Ministerial Staff

Questions (500)

Róisín Shortall

Question:

500. Deputy Róisín Shortall asked the Minister for Social Protection the name, qualifications and current salary of each political staff member appointed by her. [46093/13]

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Written answers

I understand from the Department of the Taoiseach that the part of the question in relation to qualifications has been ruled out of order, on the grounds that in compliance with the Ethics/Standards in Public Office Acts, the Statements of Qualification in respect of Special Advisors have already been laid before the Houses of the Oireachtas as required and are available for the Deputy's inspection.

The name and current salary of the political staff I have appointed are shown in the following tabular statement:

Title

Name

Annual Salary

Special Adviser

Edward Brophy

€119,572

Press Adviser

Paul O’Brien

€75,647 (1st Point of PO scale)

Personal Assistant

Karen O’Connell

€43,715 – 56,060

Personal Secretary

Elaine Dooley

€ 23,820 – 47,755

Civilian Driver

Vincent Cahill

€ 32,964

Civilian Driver

Irene Martin

€ 32,964

The salaries have been reduced in line with the Haddington Road Agreement from 1st July 2013. In my role as Deputy Leader of the Labour Party I also have a further support person employed by the Labour Party.

Carer's Allowance Appeals

Questions (501)

John O'Mahony

Question:

501. 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 and appeal for carer's allowance; and if she will make a statement on the matter. [46108/13]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 30th April 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 21st October 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.

Question No. 502 withdrawn.

Domiciliary Care Allowance Appeals

Questions (503)

Tony McLoughlin

Question:

503. Deputy Tony McLoughlin asked the Minister for Social Protection the reason domiciliary care allowance has been revoked in respect of a person (details supplied) in County Leitrim; and if she will make a statement on the matter. [46118/13]

View answer

Written answers

An application for domiciliary care allowance (DCA) was received in respect of the person concerned on the 10th December 2012. This application was referred to one of the Department’s Medical Assessors for their opinion; they considered that the child was not medically eligible for the allowance. A letter issued on the 20th February 2013 advising of the decision to refuse the allowance. An appeal was subsequently lodged against this decision and they were informed by the Social Welfare Appeals Office on 2nd October 2013 that the appeal had not been allowed.

The decision/appeal process for this application is now complete. If the person concerned has additional information which was not made available to the deciding and appeals officers when they made their decisions, it is open for them to re-apply for the allowance.

Question No. 504 answered with Question No.421.

Social Welfare Code

Questions (505)

Róisín Shortall

Question:

505. Deputy Róisín Shortall asked the Minister for Social Protection the number of times in each of the past five years that her Department has required a claimant or, in the case of carer's allowance, a relevant person, to attend or submit to a medical examination as provided by the Social Welfare Consolidation Act 2005; and if she will make a statement on the matter. [46174/13]

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Written answers

The Medical Review and Assessment system is the principal control mechanism for all illness and disability schemes administered by the Department of Social Protection. Medical Assessors carry out desk assessments of medical evidence/reports supplies by customers and where required, conduct in-person assessments in order to provide a second medical opinion for the guidance of Deciding and Appeals Officers. All assessments are carried out in accordance with the accepted guidelines of the Irish Medical Council.

In considering the medical evidence at desk, opinions regarding eligibility are made on a case by case basis. It is always open to the Medical Assessors to call a customer for an in-person assessment, if considered appropriate.

In the past five years (see Table 1) the Department has scheduled a total of 267,760 in-person medical assessments across the various illness and disability schemes including claims, appeals and reviews.

Table 1 – Number of In-Person Assessments Scheduled 2008-2012

Period

Number of In-Person Assessments Scheduled

2008

60,412

2009

62,177

2010

57,310

2011

50,465

2012

37,396

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