Written Answers Nos. 35-41
35. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the implications for her Department and the social welfare appeals office of the recent High Court ruling directing an appeals officer to reconsider the application by the mother of a ten year old girl for domiciliary care allowance in the context of new evidence; and if she will issue guidance on the matter to staff. [50775/13]
View answerI will be proposing a Committee Stage amendment to the Social Welfare and Pensions (No 2) Bill 2013, which is currently before the Seanad, in relation to some aspects of this Judgment. The question of what guidance should be provided to front-line staff on this issue is still under consideration in the Department.
37. Deputy Mick Wallace asked the Minister for Social Protection if she has made provision in her budget for the potential knock-on effects of reductions in maintenance payments owing to the abolition of the one parent family tax credit and the increased reliance on social welfare payments this might entail; and if she will make a statement on the matter. [50850/13]
View answerMy colleague, the Minister for Finance, announced in Budget 2014 the replacement, from 1 January next, of the one-parent family tax credit by new single person child carer tax credit. The Finance Bill (No. 2), 2013, currently before the Dáil, provides for the new credit which will have the same value as the current tax credit and will be available to the primary carer of a child. The Minister for Finance also informed the Dáil during the second stage debate on the current Finance Bill that he will be bringing forward an amendment at the committee stage of that Bill, which will allow the credit to be used by a non-primary carer in situations where the primary carer has no tax liability.
The current arrangements in relation to the assessment of maintenance payments made to a recipient of one parent family payment are designed to encourage the payment of maintenance. Where a recipient of one parent family payment is in receipt of maintenance payments, half of the value of these payments is assessed as means and the rate of payment is adjusted accordingly. In addition, where a recipient has rent or mortgage payments up to a maximum of €95.23 per week, these costs can be fully offset against any maintenance paid and no reduction occurs in the rate of one-parent family payment where the maintenance received does not exceed housing costs (subject to a maximum of such costs of €95.23 per week). Where the maintenance received does exceed this level then any amount over €95.23 per week is assessed at a rate of 50% and deducted from the one-parent family payment. Accordingly, the impact of the current welfare arrangements means that, in many cases, any reduction or increase in the level of maintenance paid can have no effect or relatively minimal effect on the rate of one parent family payment payable.
It is not possible, at this stage, to quantify the number of one parent family payment recipients currently benefiting from maintenance payments whose welfare payment rates may be indirectly affected by any potential behavioural changes consequent on the proposed tax measure and, accordingly, no adjustment has been made to the estimate for that payment in 2014. I will ask my officials to monitor any potential impacts during 2014.
38. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will amend the rules of the fuel allowance scheme to ensure that payment is not lost by the qualified adult in the event of family breakdown. [50773/13]
View answerSome 410,000 customers will receive the fuel allowance of €20 per week for 26 weeks from October to April, at a cost of €223 million. The fuel allowance is paid to those in receipt of long-term jobseekers, one-parent family payment, disability allowance, invalidity pension and some people in receipt of the State pension. The allowance is subject to a means test and is paid only to those who live alone or with certain exempted people. Full details on the criteria for the scheme are available on the Department's website www.welfare.ie. All social welfare schemes, including the fuel allowance, are operated on the basis of publically available guidelines, which ensure fairness and consistency in determining eligibility. I have no plans to change the conditions of this scheme.
If a couple have separated and each member of the couple are now living separately then the qualified adult is entitled to claim a social welfare payment in his or her own right and this includes an application for fuel allowance subject to satisfying the criteria for the scheme.
40. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will review and amend the record of mutual commitments form to achieve a greater balance between the promises of each side. [50772/13]
View answerThe record of mutual commitment, introduced in line with the Government’s Pathways to Work policy, includes requirements for jobseekers and for the Department of Social Protection. The Department of Social Protection is committed to providing comprehensive employment support and income supports to jobseekers. The Department's goal is to help our clients in two ways; first by providing income support during periods of unemployment, and second by helping clients to find work either directing or by further education/upskilling. In return jobseekers are required to work with the Department as the Department works to help them. There are no plans to review the current record of mutual commitment.
41. Deputy Clare Daly asked the Minister for Social Protection if she will specify in relation to outstanding liabilities of self-employed persons to access a State contributory pension, if it is outstanding PRSI contributions only that must be paid to qualify, or PRSI and income tax liabilities, or PRSI and income tax and any other tax liabilities, as many citizens have received contradictory letters from her Department and the Revenue Commissioners on this matter and clarity is required. [50613/13]
View answerThe Revenue Commissioners are the primary collection agents in relation to income tax and outstanding PRSI for the self-employer. Income tax and PRSI payable by a self-employed contributor is treated as one aggregate sum in accordance with the provisions of Section 23(4) of the 2005 Social Welfare Consolidation Act. For that reason, it is not possible to separate payments to Revenue between tax and PRSI liabilities or to front-load the discharge of the PRSI element of the overall tax liability. Section 110 (1), Social Welfare (Consolidation) Act, 2005 provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions for state pension (contributory) unless all outstanding self-employment contributions are paid. Section 110 was amended in the Social Welfare and Pensions (No 2) Act 2009 to provide that where unpaid self-employment contributions are paid subsequent to the claimant’s 66th birthday, a state pension (contributory) will only be payable from the date on which the liabilities are fully discharged. While my Department does on occasion advise customers of their PRSI liability, the Department cannot advise on any other liabilities (e.g. taxation) as these are a matter for the Revenue Commissioners. Collection of any outstanding PRSI remains a matter for Revenue and for the reasons set out above, any communication from Revenue is likely to set out the full outstanding liabilities (PRSI, Tax etc.).
