Written Answers Nos. 529-547
529. Deputy Lucinda Creighton asked the Minister for Social Protection if there is any disproportionate welfare checking of migrants versus non-migrants as part of the Department's investigations into welfare fraud; and if she will make a statement on the matter. [46410/13]
View answer534. Deputy Thomas Pringle asked the Minister for Social Protection if she will outline the procedures in place, if any, to prevent racial profiling as part of the new crackdown on fraud; and if she will make a statement on the matter. [46581/13]
View answerI propose to take Questions Nos. 529 and 534 together.
The Programme for Government commits to a zero tolerance approach towards social welfare fraud and the Department’s Fraud Initiative further articulates this overarching policy objective. A key priority is to ensure that social welfare payments are available to those who are entitled to them and that fraudulent activity is vigorously prevented and combatted.
Over the past number of years, fraud detection and control systems have been refined and enhanced and are subject to continuing review. A range of measures are employed by the Department to ensure that social welfare fraud and abuse is minimised and that its control activity is appropriately focused.
The approach taken by the Department to combat fraud is frequently reviewed and is regularly adjusted to ensure it is proportionate and that it is targeted on the areas of greatest risk.
530. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a domiciliary care allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46458/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 15th October 2013, who will make a summary decision on the appeal based on the 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.
532. Deputy Andrew Doyle asked the Minister for Social Protection when a person (details supplied) in County Wexford will receive a date for an oral hearing in relation to their carer's allowance appeal application; when a final decision will be made; her views on the length of time it takes for an oral hearing; and if she will make a statement on the matter. [46484/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 24th May 2013. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.
I understand that, following the submission of additional evidence by the person concerned, the Appeals Officer decided to set his decision aside and to re-open the appeal by way of oral hearing. In line with normal practice in the appeals office, the appeal was assigned to a different Appeals Officer on 15th October 2013. I am advised that an oral hearing has been scheduled for the week-commencing the 18th November 2013 and that the person concerned will be notified of the arrangements for the hearing when these are finalised.
There has been a rapid and sustained increase in the number of appeals received in the Social Welfare Appeals Office since 2009 which has placed extraordinary pressure on the office. Up to 2009, the average number of appeals received was 15,000 per annum whereas in 2012, the office received 35,484 appeals. In order to manage this increasing workload, significant resources and efforts have been put into reducing backlogs and improving appeals processing times for appellants, including the assignment of 15 additional Appeals Officers, in addition to 10 former Community Welfare Service Appeals Officers who joined the appeals office in 2011, bringing the total number of serving Appeals Officers to 41; reviewing and improving business processes; and implementing a new operating model within the appeals office.
In addition, a major programme of process redesign and modernisation is underway in the Department in relation to many of its scheme areas, aimed at reducing backlogs and reducing the time taken by the Department to respond to requests from the appeals office for submissions in relation to appeals.
These measures have led to improvements in processing times and a significant increase in the number of appeals finalised from 17,787 in 2009 to 32,558 in 2012. The Chief Appeals Officer expects to finalise 6,000 more cases in 2013 than in 2012. Good progress is also now being made in reducing the number of appeals on hand from 20,414 at 1 January 2013 to 15,981 at 1 November 2013.
The average processing time for appeals peaked in 2011 when the average time for an oral hearing was 52.5 weeks and for a summary decision was 25.1 weeks. In 2012 processing times improved by 10.3 weeks when the average time for an oral hearing dropped to 39.5 weeks while the time for a summary decision increased slightly to 27.8 weeks. This improvement has continued with the average processing time up to October 2013 reducing to 34.9 weeks for an oral hearing and 26.3 weeks for a summary decision.
A similar trend is reflected in processing times for carer's allowance appeals. In 2010 the average processing time for a carer's allowance oral hearing was 47.3 weeks while a decision requiring a summary decision took an average of 26.9 weeks. In 2012 the average processing time for a carer's allowance oral hearing improved to 42.5 weeks and the time for a summary decision increased to 33.5 weeks. In 2013 (up to October) processing times have improved to 33.6 weeks and 27.7 weeks respectively.
Appeal processing times are calculated from the registration date of the appeal to the date of its finalisation. They include all activities during this period including time spent awaiting any clarification from the appellant, time in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant, and any further investigation, examination or assessment by the Department’s Inspectors and Medical Assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process. While this process carries an inherent delay in terms of finalising an appeal, it also crystalises the flexibility and accessibility of the appeals system.
By its nature and because it is a quasi-judicial function, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.
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.
535. Deputy Paul J. Connaughton asked the Minister for Social Protection her views on whether the current contributory pension regime is discriminatory in relation to older women on grounds both of sex and age as older women are more likely to have been out of the workforce caring for children pre-1994 and many older women are now unfairly punished for having taken these years out of their careers and as a result are on a reduced level of pension; and if she will make a statement on the matter. [46606/13]
View answerThe sustainability of pensions into the future is important given the changing demographics, the increased numbers of those over 65, increased longevity and reduced dependency ratio. In addition to this, spending on social protection accounts for nearly 40% of current Government expenditure and in the context of the current fiscal crisis savings have to be found in the social welfare system. Because the State pension is a very valuable benefit it is important to ensure that those qualifying have made a sustained contribution to the social insurance fund over their working lives.
People who leave the workplace for homemaking/caring purposes can, if eligible, avail of the homemakers scheme which helps to provide a higher rate of pension for those who meet the qualifying conditions. The homemaker’s scheme makes qualification for State pension (contributory) (SPC) easier for those who take time out of the workforce for caring duties. The scheme was introduced in, and took effect from, 1994 and allows up to 20 years spent caring for children under 12 years of age or incapacitated adults to be disregarded when a person’s social insurance record is being averaged for pension purposes. The scheme will not, of itself, qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance ten years before pension age, pay a minimum of 520 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied.
It is worth noting that the Actuarial Review of the Social Insurance Fund confirms that the fund provides better value to female rather than male contributors. It further confirms that those with lower earnings and those with shorter contribution histories, mostly women, have and will continue to obtain the best value for money from the Fund due to the distributive nature of the fund.
Women may, if they don’t qualify for a SPC in their own right, receive either a qualified adult payment or a State pension (non-contributory) if they satisfy a means test. The means test for the qualified adult payment takes account of the means of the qualified adult and not those of their spouse or partner.
A range of additional supports such as the rent supplement scheme, fuel allowance and electricity/gas allowance may also be available if the qualifying conditions are satisfied.
537. Deputy Mary Mitchell O'Connor asked the Minister for Social Protection if it is possible for a self-employed person whose business has ceased to claim jobseeker's allowance, jobseeker's assistance or jobseeker's benefit, and their entitlements; and if she will make a statement on the matter. [46651/13]
View answer557. Deputy Terence Flanagan asked the Minister for Social Protection the entitlements that exist for self-employed persons who are made unemployed; and if she will make a statement on the matter. [46734/13]
View answerI propose to take Questions Nos. 537 and 557 together.
Self-employed persons are liable for pay related social insurance (PRSI) at a rate of 4%, which entitles them to access long-term benefits such as state pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). This compares to employees in respect of whom a combined 14.75% rate, under full-rate PRSI Class A, is paid giving entitlement to the full range of social insurance benefits.
In general, where persons do not qualify for social insurance benefits they may claim means tested social assistance payments. For example, any person of working age who does not qualify for jobseeker’s benefit may claim means tested jobseeker’s allowance. Subject to means and other qualifying conditions, self-employed persons may claim jobseeker’s allowance if their business ceases or there is reduced demand for their services. Where a person or their spouse engages in self-employment, income from that employment is assessable as means, which will typically reduce the amount of jobseeker’s allowance payable.
Typically over 80% of jobseeker’s allowance claims from self-employed persons have been awarded over recent years.
538. Deputy Sandra McLellan asked the Minister for Social Protection if she will expedite an appeal for carer's allowance in respect of a person (details supplied) in Cork; and if she will make a statement on the matter. [46654/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5th July 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 29th 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.
539. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection further to Parliamentary Questions Nos. 268 and 269 of 22 October 2013, when the implementation plan of the youth guarantee will be completed; if any draft or working papers produced by the OECD on this issue can and will be made available to the member; if she will provide a copy of the documentation produced by the OECD on same; and if she will make a statement on the matter. [46656/13]
View answerThe development of the implementation plan is being led by the Department of Social Protection working with the support of an Interdepartmental Group of senior officials from the Department of Education and Skills, the Department of Jobs Enterprise and Innovation, the Department of Children and Youth Affairs, the Department of Public Expenditure and Reform and the office of the Tánaiste.
In addition the OECD has been retained to provide input and advice on the framing the plan. In particular the OECD has been asked to identify best international practice and how it might best be applied to implementation of the Youth Guarantee in Ireland. A delegation from the OECD has already met with stakeholders including a range of relevant public bodies.
No draft or working papers have been produced by the OECD to date. The OECD will submit a report to the Department of Social Protection by the end of November. The OECD’s advice will form an input into the preparation of the implementation plan. The implementation plan will be prepared for submission to Government by the end of December and for onward transmission to the EU Commission at that time. The question of whether or not the plan will be published will be considered by the Government when the plan is finalised.
540. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a decision on a disability allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46662/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14th 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 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.
542. Deputy Brendan Griffin asked the Minister for Social Protection her views on the DG Employment, Social Affairs and Inclusion report on benefits tourism for the European Commission; if she is concerned with some of the findings relating to Ireland; and if she will make a statement on the matter. [46669/13]
View answer543. Deputy Brendan Griffin asked the Minister for Social Protection her views on the finding of the DG Employment, Social Affairs and Inclusion report on benefits tourism for the European Commission that Ireland has one of the highest percentages of non-active EU migrants of all 27 EU member countries surveyed; and if she will make a statement on the matter. [46670/13]
View answer544. Deputy Brendan Griffin asked the Minister for Social Protection her views on the finding of the DG Employment, Social Affairs and Inclusion report on benefits tourism for the European Commission that Ireland has the second highest proportion of non-active EU migrants claiming benefits; and if she will make a statement on the matter. [46671/13]
View answer545. Deputy Brendan Griffin asked the Minister for Social Protection her views on the finding of the DG Employment, Social Affairs and Inclusion report on benefits tourism for the European Commission that Ireland has three times the average percentage of non-active EU migrants of all 27 EU member countries surveyed; and if she will make a statement on the matter. [46672/13]
View answer546. Deputy Brendan Griffin asked the Minister for Social Protection her views on the fact that Ireland is one of only five of all 27 EU member countries where persons can draw payments when unemployed without ever having paid into the system; if she is fearful that this is contributing to Ireland becoming a destination for benefit tourism; and if she will make a statement on the matter. [46673/13]
View answer548. Deputy Brendan Griffin asked the Minister for Social Protection her views on the finding of the DG Employment, Social Affairs and Inclusion report on benefits tourism for the European Commission that Ireland has one of the highest percentages of non-active EU migrants of all 27 EU member countries surveyed who have never worked here 48%; and if she will make a statement on the matter. [46676/13]
View answerI propose to take Questions Nos. 542 to 546, inclusive, and 548 together.
The report referred to by the Deputy has its origins in discussions between Member States and the EU Commission on the relationship between the EU regulations coordinating social security systems and the Residence Directive, which sets out conditions governing the rights of residence migrants in the host country and the impact accessing social welfare benefits has on these rights.
Some Member States, including Ireland, have raised concerns generally about access to welfare from non-active residents of other Member States and were asking for legislative change to clarify the rights of non-active people moving around the EU. Given the nature of the issue, Member States were unable to quantify the extent of welfare tourism and, in the absence of such data, the EU Commission has resisted requests for any legislative change to date.
The report was undertaken by consultants on behalf of the Commission to determine the impact on the Member States' social security systems of the entitlements of non-active intra-EU migrants to special non-contributory cash benefits and healthcare, granted on the basis of residence. Ireland was contacted by the consultants to provide information for the study but, in common with many other Member States, most of the data requested was not available as it is not collected. The Department did provide what limited information is available on claiming by EU migrants and this has been used by consultants in conjunction with other EU data sets to draw the conclusions reached.
Overall, the consultants concluded that the share of non-active intra-EU migrants is very small, they account for a similarly limited share of recipients of special non-contributory benefits and the budgetary impact of such claims on national welfare budgets is very low. Member States were not consulted on the content or conclusions prior to publication and, while a detailed analysis of the report is required, some Member States, including Ireland, have already expressed concerns in relation to the methodology, data and conclusions reached.
This is a very large and complex report which deals with a wide range of migrants including pensioners, people with disabilities, students and the unemployed and will require in-depth analysis of the statistics used and the conclusions reached before it can be commented on in detail. However, a number of points can be made at this stage.
As the Deputy is aware, there was very significant migration to this country in the years preceding the current crisis by people seeking employment. These migrants paid social insurance contributions and income taxes while they were in employment here. Many subsequently lost jobs, and while some have returned home to their native countries, significant numbers had put down roots here and, as a result, were entitled to claim benefits when they became unemployed. As social insurance payments became exhausted this group will have graduated to the social assistance type payments which are the subject of this report. As the report points out 78% of the non-active migrants have been resident here for 5 to 10 years.
The report is focusing on what are termed special non-contributory benefits which is a classification under EU regulations determined by the contingency covered by the benefit, the qualifying conditions and the manner in which it is financed. The report suggests that such benefits form a relatively small part of a country’s wider social welfare system. That is certainly the case with many Member States, with benefits provided on the basis of contributions made or through a general social assistance scheme, the latter not being a focus of this report. This does not apply to Ireland, as the structure of our social welfare system means that most of what we regard as social assistance (job-seekers allowance, disability allowance etc.) is classed as special non-contributory benefits and encompassed by the report. Indeed, Ireland is one of only 5 countries providing non-contributory cash benefits to unemployed job-seekers. Arrangements differ across countries but many make payments where necessary through their general social assistance scheme. This may explain to some extent the higher level of benefit claiming attributed to Ireland as jobseeker’s allowance is classed for EU purposes as a special non-contributory benefit. It should be remembered that all such payments are subject to the habitual residence condition so those claiming will have established strong links with this country.
The majority of special non-contributory benefits paid by Member States are related to old age, death/disability. In most countries migrants tend to be in the lower age groups with significantly more non-active nationals than migrants aged 65 and over. However, in Ireland the report points out EU migrants receive state pension non-contributory to a greater extent than nationals, although they represent a lower share of those aged 65 and over. This is probably related to those resident here topping up smaller pensions received from other Member States. Those claiming non-contributory pensions are, of course, subject to the habitual residence test and, as already indicated, most inactive migrants have been resident here for quite a number of years.
The EU coordination system is a benefit to all EU citizens, including Irish citizens, who exercise their right to live and work in other EU States. Apart from the cost that any such abuse of the system entails for Member States, there is also the reputation of the EU Coordination system to consider. Whether the problem is big or small, unjustifiable claiming of benefits by migrants engenders resentment amongst local populations and damages the credibility and acceptance of the coordination system amongst citizens. Accordingly, Ireland will continue to work with other Member States in asking for changes to limit the opportunities for unfair access to our social security system.
547. Deputy Brendan Griffin asked the Minister for Social Protection her views on the fact that housing benefit is immediately open to EU migrants arriving here; if she is fearful that this is contributing to Ireland becoming a destination for benefit tourism; and if she will make a statement on the matter. [46674/13]
View answerThe rent supplement, administered under the Department’s supplementary welfare allowance (SWA) scheme, provides 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 overall aim is to provide short-term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are currently approximately 81,000 rent supplement recipients for which the Government has provided over €403 million for 2013.In the first instance, an applicant for rent supplement must satisfy the habitual residence condition (HRC) and satisfy the SWA means test. A European Economic Area (EEA) national who is engaged in genuine and effective employment in Ireland is regarded as a migrant worker under EC law and does not need to satisfy the HRC for the purpose of any claim to SWA, including rent supplement. A jobseeker who moves from one EEA country to another in order to seek employment cannot claim the advantages for migrant workers under EC law and is subject to the HRC in the normal manner.
In addition to satisfying the HRC and means test requirement, in order to qualify for a rent supplement a person must have been residing in private rented accommodation or accommodation for homeless persons or an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out within the 12 months preceding the date of claim and the person is deemed by a housing authority to be eligible for and in need of social housing support.
In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by a housing authority. Only when the person has been assessed as being eligible for and in need of social housing support, does the person become eligible for consideration for rent supplement. Policy in relation to eligibility for social housing support is a matter for the Department of Environment, Community and Local Government.
I do not consider that the conditions in place for the receipt of rent supplement are promoting benefit tourism.
