Written Answers Nos. 180-194
180. Deputy Bernard J. Durkan asked the Minister for Social Protection if entitlement to child benefit continues to exist after 3 January 2014 in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [55048/13]
View answerChild Benefit is paid up to and including the month of a child’s 16th birthday and continues to the month of the 18th birthday provided the child is in full-time education. In order for payment to continue after the age of sixteen, it is necessary for the school to certify that the child is in full-time education and will be until the age of eighteen.
In the case of the person concerned, a completed application form was received and child benefit was awarded to January 2014, the month of the 18th birthday. Child benefit is not paid after the month of the 18th birthday even if the child remains in full-time education.
181. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlement to child benefit in respect of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [55049/13]
View answerChild Benefit is paid up to and including the month of a child’s 16th birthday and continues to the month of the 18th birthday provided the child is in full-time education. In order for payment to continue after the age of sixteen, it is necessary for the school to certify that the child is in full-time education and will be until the age of eighteen.
In the case of the person concerned, a completed application form was received and child benefit was awarded to June 2012, the month of the 18th birthday, is respect of her daughter. Child benefit is not paid after the month of the 18th birthday even if the child remains in full-time education.
Child benefit was paid to March 2013, the month of the 16th birthday, in respect of her son. An application form has been issued to the person concerned and should be completed if the child is in full-time education. Arrears will be paid from April 2013 and will continue to March 2015, the month of the 18th birthday, if the child remains in full-time education.
182. Deputy Frank Feighan asked the Minister for Social Protection the position regarding an appeal for invalidity pension in respect of person (details supplied). [55058/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30th August 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 13th November 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.
183. Deputy Finian McGrath asked the Minister for Social Protection if she will rectify the unintended consequences of the Social Welfare and Pensions (No. 2) Bill as outlined in a case (details supplied). [55071/13]
View answerYou will appreciate that it is not appropriate for me to comment on matters relating to an individual pension scheme.
The Social Welfare and Pensions Act 2009 broadened the options available to the trustees of a pension scheme in the event of the restructure of scheme benefits to include the benefits of deferred scheme members and post retirement increases in such benefits. Prior to the 2009 Act, only the benefits of active scheme members could be considered in a restructure of scheme benefits. The Social Welfare and Pensions (No. 2) Bill further extends the options available to trustees of a scheme to include a portion of benefits payable to pensioners. It essentially provides for the sharing of the risk of scheme underfunding across all scheme members. However, the legislation restricts the extent to which pensioner benefits can be restructured as it is considered that this category of beneficiary has less potential to respond to a restructure of scheme benefits.
Deferred and active scheme members are treated the same for the purposes of section 50 of the Pensions Act. A deferred scheme member is a scheme member who has left employment to which the scheme relates and who is entitled to a pension payment at a future date. A deferred member may be close to retirement or may be many years from retirement age and may have the opportunity to accumulate pension entitlements in number of pension schemes before reaching retirement age.
The issue of how these changes might be applied will be a matter for the trustees of the scheme who are required under trust law to act in the best interest of all scheme beneficiaries.
Any consideration of a restructure of pension scheme benefits must comply with the provisions in the Pensions Act and with guidance issued by the Pensions Board. The Pensions Board must be satisfied that these provisions are complied with before the Board will consider issuing a notice to restructure scheme benefits.
184. Deputy Martin Heydon asked the Minister for Social Protection if an appeal of invalidity pension will be expedited in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [55103/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 6th November 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.
185. Deputy Lucinda Creighton asked the Minister for Social Protection if there are any timetables for the delivery of social welfare benefits which social welfare officers must follow; if she has given any consideration to imposing guaranteed timetables for the delivery of each social welfare benefit as a way of ensuring citizens receive their entitled services in a timely manner; and if she will make a statement on the matter. [55120/13]
View answerThe time taken to process claims for social welfare payments can vary due to a range of factors, including the complexity of the claim (e.g. whether or not it is subject to a means test, a test for medical conditionality or an assessment of the client’s residential status in the State) and the nature and completeness of the documentation submitted by the client in support of the claims. In addition the time taken to process claims depends on the volume of claims received in any time period relative to the availability of staff to process such claims.
In setting standards for claim processing I am also conscious that deciding officers of the Department, operate under statute to make decisions regarding the disbursement of public monies in circumstances where the decisions made have a significant impact on the wellbeing of clients. Accordingly they must be given the time to take considered decisions and unlike some areas of the private sector cannot, in response to peaks in workload, trade off quality against speed based on an assessment of the risk of taking a bad decision compared to the benefit of achieving time based service targets. Accordingly, I do not plan to offer guaranteed processing times to customers in respect of social welfare claims.
However, my Department has set measurable performance targets for the majority of schemes under its remit, generally based on weeks required to award 90% of claims received taking account of process variances at scheme level. These performance standards are summarised in the table below. Most schemes perform at close to the required standards, reflecting the high priority given to claim processing.
Award Performance Standards by scheme
|
Scheme |
Performance Indicators |
|
Jobseeker's Benefit |
90% in 3 weeks |
|
Jobseeker's Allowance |
90% in 6 weeks |
|
One-Parent Family Payment |
90% in 10 weeks |
|
State Pension Contributory - Domestic |
90% by date of entitlement |
|
State Pension Transition |
90% in 6 weeks |
|
State Pension Non-Contributory |
90% in 10 weeks |
|
Widow(er)'s Non-Contributory Pension |
90% in 10 weeks |
|
Widow(er)'s Contributory Pension |
90% in 6 weeks |
|
Household Benefits |
90% in 4 weeks |
|
Free Travel (Stand-alone New Pass) |
90% in 2 weeks |
|
Bereavement Grant |
90% in 4 weeks |
|
Child Benefit - Domestic |
90% in 4 weeks |
|
Maternity Benefit |
90% by due date |
|
Treatment Benefit |
90% in 3 weeks |
|
Family Income Supplement |
90% in 6 weeks |
|
Carer's Allowance |
90% in 13 weeks |
|
Disability Allowance |
90% in 13 weeks |
|
Invalidity Pension |
90% in 6 weeks |
|
Bereavement Grant |
90% in 4 weeks |
|
Illness Benefit |
90% in 1 week |
|
Interim Illness Benefit (OIB) |
90% in 1 week |
186. Deputy Lucinda Creighton asked the Minister for Social Protection the total number of Bills that have been published by her Department since she was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if she will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if she will make a statement on the matter. [55134/13]
View answerI have published seven Bills since taking office. To date, six of these have been enacted. Details are set out in the following table.
Regulatory Impact Assessments (RIAs) are not ordinarily undertaken in relation to the package of measures announced in the annual Budget Day Statements or similar packages of measures. Accordingly, a RIA was not considered necessary in the case of the Social Welfare Act 2011 and the Social Welfare Act 2012, both of which enacted social welfare measures announced in the 2012 and 2013 Budgets, respectively. A RIA was not considered necessary in the case of the social welfare measures contained in the Social Welfare and Pensions Act 2011, the Social Welfare and Pensions Act 2012, the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 and the Social Welfare and Pensions (No.2) Bill 2013 as these measures either implemented budgetary decisions or made miscellaneous amendments to the social welfare code which were not considered amenable to the undertaking of a RIA.
The Social Welfare and Pensions Acts of 2011 and 2012 and the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 also amended the provisions of the Pensions Act 1990.
Part 4 of the Social Welfare and Pensions Act 2011 transposed Article 17 of Directive 2003/41/EC on the Activities and Supervision of Institutions for Occupational Retirement Provision (IORPS Directive) relating to the regulation of occupational pensions. However, as the types of pension scheme envisaged in Article 17 are not operated in Ireland, a RIA was not considered feasible in relation to these provisions.
Part 3 of the Social Welfare and Pensions Act 2012 amended the Funding Standard applying to defined benefit pension schemes. A RIA undertaken on these amendments has been published and is available at http://www.welfare.ie/en/downloads/riapension.pdf.
Part 4 of the Social Welfare and Pension (Miscellaneous Provisions) Act 2013 implemented the recommendations of the Critical Review of the Pension Board. This review, which involved a public consultation process, was carried out under the Public Service Reform plan. This review is available at http://www.welfare.ie/en/pressoffice/pdf/Report-of-the-Critical-Review-23-April-2013.pdf.
With the publication of the Social Welfare and Pensions (no. 2) Bill the Department published a report by Mercer on the changes to occupational pensions. This is available at http://www.welfare.ie/en/downloads/Mercer-Review-of-Pension-Scheme-Wind-Up-Priority.pdf. This report undertook a detailed modelling exercise of different approaches to the changes to the order of priority given to the disbursement of assets when a defined benefit pension scheme winds up. A RIA was also undertaken but not published.
As the provisions contained in the Civil Registration (Amendment) Act 2012 to extend the list of bodies authorised to solemnise marriages were of a minor nature, a RIA was not considered necessary in the case of this Act.
I intend to publish the following four Bills in 2014:
- Social Welfare and Pensions Bill 2014
- Civil Registration (Amendment) Bill 2014
- Gender Recognition Bill 2014
- Social Welfare Bill 2014
Due to the nature of the Social Welfare and Pensions Bill 2014 and the Social Welfare Bill 2014 it is not planned that regulatory impact assessments will be prepared in respect of these Bills. Regulatory impact assessments will be considered in the context of the Civil Registration (Amendment) Bill 2014 and the Gender Recognition Bill 2014.
Bills Initiated by Minister for Social Protection since March 2011
|
Title of Bill |
Status |
RIA Undertaken |
|
Social Welfare and Pensions Act 2011 |
Enacted 29th June 2011 |
Not considered necessary |
|
Social Welfare Act 2011 |
Enacted 19th December 2011 |
Not considered necessary |
|
Social Welfare and Pensions Act 2012 |
Enacted 1st May 2012 |
RIA undertaken on Part 3 of Act |
|
Social Welfare Act 2012 |
Enacted 21st December 2012 |
Not considered necessary |
|
Civil Registration (Amendment) Act 2012 |
Enacted 26th December 2012 |
Not considered necessary |
|
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 |
Enacted 28th June 2013 |
Not considered necessary |
|
Social Welfare and Pensions Act 2013 |
Enacted 9th November 2013 |
Not considered necessary |
|
Social Welfare and Pensions (No.2) Bill 2013 |
Currently in the Oireachtas |
RIA undertaken. |
187. Deputy Heather Humphreys asked the Minister for Social Protection the reason an appeal in respect of a person (details supplied) in County Cavan submitted in July 2013 has still not been reviewed in the carer's allowance section or sent to the appeals office; and if she will make a statement on the matter. [55136/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2nd 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 4th December 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.
188. Deputy Lucinda Creighton asked the Minister for Social Protection the total number of Irish quasi-autonomous NGOs that her Department either created or falls under her Department’s responsibility and was in existence when she became Minister and continues to exist to date; and if she will make a statement on the matter. [55150/13]
View answerThe statutory bodies operating under the aegis of the Department of Social Protection when I became Minister in March 2011 were: the Citizens Information Board, the Pensions Board, the Pensions Ombudsman (which does not have a board), and the Social Welfare Tribunal.
These bodies continue to operate under the aegis of the Department.
189. Deputy Lucinda Creighton asked the Minister for Social Protection the total number of chairpersons of State boards, agencies and regulators that fall under her Department’s responsibility that were chairpersons when she became Minister and continue to be chairpersons; and if she will make a statement on the matter. [55166/13]
View answerThe 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, or a chairperson), and the Social Welfare Tribunal.
Three chairpersons were in place when I became Minister in March 2011 and these three are still in that role.
190. Deputy Kevin Humphreys asked the Minister for Arts, Heritage and the Gaeltacht when the towpath on the Royal Canal will be reopened from Jones Road to Drumcondra Road as it has been closed since July 2013; if he will confirm that Waterways Ireland has made contact with Bord Gáis Éireann about making the necessary arrangements for the gas main there; when this contact occurred; the meetings that have been held; if he will provide a schedule of the work that remains to be carried out and when it will be carried out, due to the importance of this route for leisure and commuting walkers; and if he will make a statement on the matter. [54891/13]
View answerWaterways Ireland has informed me that it has included the repair to the collapsed wall on the 1st level of the Royal Canal at Portland Place in its business planning for 2014. I am also advised that Waterways Ireland Operations Engineers met with Bord Gáis Éireann at the time of the collapse and again on 16th August 2013. In addition, several phone conversations have taken place between staff of the two organisations to progress the design solution.
Waterways Ireland is finalising the tender documentation for issue early in 2014 and anticipates the towpath reopening in Summer 2014.
191. Deputy Brendan Smith asked the Minister for Arts, Heritage and the Gaeltacht the current position in regard to the proposed restoration of the Ulster Canal; when the project is likely to proceed to the next stage; and if he will make a statement on the matter. [54914/13]
View answerAs the Deputy will be aware, in July 2007, the North/South Ministerial Council (NSMC) agreed to proceed with the restoration of the section of the Ulster Canal between Clones and Upper Lough Erne. The then Government agreed to cover the full capital costs of the project, which were estimated at that time to be of the order of €35m.
It was always the intention that the Ulster Canal project would be funded from the Waterways Ireland annual allocations, as agreed through the annual estimates processes in this jurisdiction, as well as the deliberations of NSMC in relation to annual budgets. It was a key consideration throughout the process that the Ulster Canal project would be supported by a significant level of projected income from the commercialisation of certain Waterways Ireland assets. However, the economic downturn has had a negative impact on those plans.
I am continuing to explore all possible options to advance this project within the current fiscal constraints. In this regard, I established an Inter-Agency Group on the Ulster Canal to explore ways to advance the project and to examine possible funding options for it, including existing funding streams and the leveraging of funding from other sources. This includes the exploration of any EU funding which may be potentially available.
The Ulster Canal project is progressing on an incremental basis. Planning approvals have now been received for the project in both jurisdictions. Work on land maps is continuing, as is consideration of construction and other technical aspects of the project. I welcome these developments, which, I am sure the Deputy will agree, are a significant milestone for the project.
192. Deputy Brendan Smith asked the Minister for Arts, Heritage and the Gaeltacht if he has received the feasibility study on the proposed extension of the Erne navigation from Belturbet to Killeshandra and Killykeen; and if he will make a statement on the matter. [54915/13]
View answerI am informed by Waterways Ireland that it commissioned a Strategic Environment Assessment for the possible extension of the Erne Navigation from Belturbet to Killeshandra and Killykeen.
On reviewing the environmental information from this process, Waterways Ireland considers that the environmental designations of this lake complex make the feasibility of the proposed navigation extension highly unviable. For that reason, I am advised that Waterways Ireland does not propose to pursue this project any further at this time.
193. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht his plans for digitising the1926 census, which was the first held by the State and as a boost to the momentum of The Gathering; and if he will provide an update. [54922/13]
View answerAs the Deputy is aware, the Programme for Government contains a commitment to enabling the publication of the 1926 Census records, which is the next set of Census records available to the State following the previous publication of the 1901 and 1911 Censuses.
A 1926 Census Working Group has been formed, comprising officials from my Department, the National Archives and the Central Statistics Office (CSO), to consider how best to enable the publication of the 1926 Census records.
Under current legislation as set out in the Statistics Act 1993, census data must be withheld for 100 years. Following discussions with the CSO, it is clear that extensive preparatory work is required to facilitate the release of the data into the public domain. The CSO and the National Archives are prepared to facilitate the preparatory work on the 1926 Census records and I have asked the Working Group to see how this can be advanced. The Group is due to submit a feasibility report to me in the coming weeks.
194. Deputy Sean Fleming asked the Minister for Arts, Heritage and the Gaeltacht the number of freedom of information requests received by his Department in 2012 and to date in 2013; the number of requests for which a search and retrieval fee was sought; the maximum fee sought by his Department in respect of a request received; the number of requests not proceeded following the non-payment of the search and retrieval fee sought; and if he will make a statement on the matter. [54995/13]
View answerThe information sought by the Deputy concerning the processing of Freedom of Information requests in my Department is set out in the table.
TABLE:
|
Year |
Number of Freedom of Information requests received in the Department of Arts, Heritage and the Gaeltacht |
Number of requests for which a search and retrieval fee was sought |
Maximum fee sought in respect of a request received |
Number of requests not proceeded following non-payment of the search and retrieval fee sought |
|
2012 |
69 |
12 |
€628.50 (including deposit of €125.70) |
7 |
|
2013 |
56 (as of 17.12.2013) |
3 |
€3,226 (including deposit of €644) |
1 |
