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Wednesday, 15 Jan 2014

Written Answers Nos. 338-357

Dental Services Provision

Questions (338)

Terence Flanagan

Question:

338. Deputy Terence Flanagan asked the Minister for Social Protection the steps being taken to publicise the availability of one free dental check-up per year under the PRSI scheme; and if she will make a statement on the matter. [1455/14]

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Written answers

Information on the Department’s Dental Benefit scheme, including details of the qualifying conditions, is available on the Department’s website (www.welfare.ie) and the Citizen’s Information website (www.citizensinformation.ie), as well as from the Local Offices of both organisations.

Other organisations, such as the Irish Dental Association, provide information on their websites, as do a number of other private websites such as www.irishhealth.ie. Information is also available widely available in dental practices across the country.

In 2013, a total of 314,000 people availed of the free dental examination provide by the Dental Benefit scheme, this is an increase of some 34,000 (11%) on 2012.

Social Insurance

Questions (339)

Brendan Griffin

Question:

339. Deputy Brendan Griffin asked the Minister for Social Protection if she will extend the employer PRSI relief of 4.25% given to businesses over the past two and half years in view of the positive affect it has had on employment and the potential financial pressures it will have on small businesses; and if she will make a statement on the matter. [1526/14]

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Written answers

Employer PRSI is payable on earnings at the rate of 10.75% in respect of weekly earnings in excess of €356 and at 8.5% on weekly earnings of €356 or less.

As part of the 2011 Jobs Initiative, the Minister for Finance announced the halving of the 8.5% rate of employer PRSI to 4.25%, as a means of helping job creation and improving labour cost competitiveness, particularly in the tourism and other employment-rich areas of the economy. The measure was implemented on a 2½ year time limited basis to apply from 1 July 2011 until 31 December 2013. The 4.25% employer PRSI rate reverted to the original 8.5% rate from 1 January 2014.

Retaining the 4.25% rate of employer PRSI in 2014 would reduce the expected PRSI yield to the Social Insurance Fund by €195 million in a full year. As the reversion of the employer rate to 8.5% is provided for in legislation, it has already been built into the PRSI income base for 2014 and subsequent years.

Pensions Legislation

Questions (340)

Finian McGrath

Question:

340. Deputy Finian McGrath asked the Minister for Social Protection her views on correspondence (details supplied) regarding an amendment to the Pension Bill. [55248/13]

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Written answers

The Deputy 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) Act 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 group of beneficiaries, being already retired, has least potential to make up losses due to a restructure of scheme benefits.

The changes in respect of deferred members are not an unintended consequence. This group is treated the same as active scheme members 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 a 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 interests of all scheme beneficiaries.

Any consideration of a restructure of pension scheme benefits under section 50 of the Pensions Act must comply with the provisions in the 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.

Disability Allowance Applications

Questions (341)

Pearse Doherty

Question:

341. Deputy Pearse Doherty asked the Minister for Social Protection the reason a claim for disability allowance was disallowed in respect of a person (details supplied) in County Donegal in view of the fact that their medical conditions satisfied the domiciliary care allowance until the person turned 16 years; if this person was medically assessed for disability allowance; the medical report that was used to determine the eligibility for disability allowance and the year in which that medical report was carried out. [55264/13]

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Written answers

The disability allowance (DA) application in respect of the person in question was refused on medical grounds and the person concerned was notified in writing of this decision on 15 November 2013 and of his right to seek either a review of this decision or to appeal the decision to the independent Social Welfare Appeals Office.

This decision was made by a deciding officer, based upon the evidence submitted and taking into account the opinion of the Department’s medical assessor. The evidence submitted by the person in question in support of the application consisted of the template medical report at Part 9 of the DA application form (DA1). This medical report was completed by the applicant’s treating physician in July 2013. The applicant and his treating physician are encouraged to submit any additional evidence in support of the application and the onus is on the applicant to demonstrate his/her eligibility by means of such evidence.

The medical qualifying conditions for domiciliary care allowance (DCA) and DA are different.

In order to qualify for DA on medical grounds a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or may reasonably be expected to continue for a period of at least a year and as a result of the condition the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications.

DCA is a monthly payment made to the parent/guardian of a child with a disability so severe that the child requires care and attention and/or supervision substantially in excess of another child of the same age. The child must be likely to require this level of care and attention for at least 12 months.

Supplementary Welfare Allowance Eligibility

Questions (342)

Eric J. Byrne

Question:

342. Deputy Eric Byrne asked the Minister for Social Protection the criteria used to qualify for payment for supplementary welfare allowance; the amount that is actually spent on items such as these; and if she will make a statement on the matter. [55296/13]

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Written answers

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The total expenditure for ENPs in 2013 was in excess of €35 million.

There is no automatic entitlement to a payment under the ENP scheme. ENPs are payable at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

There are no predetermined amounts under the different categories for exceptional needs payments. In January 2013, guidelines were issued to staff providing recommendations in relation to the maximum amounts payable for a number of items covered under the scheme. The recommended maximum amount is €100 for adult clothing and €140 for a fridge.

Any persons who consider that they have an entitlement to an ENP under the supplementary welfare allowance scheme should contact the local officials administering the scheme.

Domiciliary Care Allowance Appeals

Questions (343)

Willie O'Dea

Question:

343. Deputy Willie O'Dea asked the Minister for Social Protection the reason the file regarding a domiciliary care allowance requested by the appeals office on 3 October 2013 has not as yet been provided by her Department in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [55319/13]

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Written answers

An application for domiciliary care allowance was received in respect of the child concerned on the 19th July 2013. This application was referred to one of the Department’s Medical Assessors whose opinion was that the child was not medically eligible for the allowance. A letter issued on the 4th September 2013 advising of the decision to disallow the application.

The person concerned subsequently lodged an appeal against this decision. As part of the appeal process, the case has been forwarded to another of the Department’s Medical Assessors for further consideration, including a review of any new information supplied.

Upon receipt of the Medical Assessor’s opinion, the case will be further examined and forwarded for consideration by the Appeals Office, if necessary.

Back to Education Allowance Eligibility

Questions (344)

Joe Higgins

Question:

344. Deputy Joe Higgins asked the Minister for Social Protection if she will extend the back to education allowance scheme to those students undertaking the professional masters in education programme in Dublin City University. [55335/13]

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Written answers

The back to education allowance (BTEA) scheme is designed to support second chance education. It enables eligible persons to pursue approved education courses that leads to a higher qualification than that already held and to continue to receive income support for the duration of a course of study, subject to conditions. BTEA covers full-time second level courses and third level courses to higher diploma level (level 8 in the national framework of qualifications) including the professional diploma in education (primary and secondary teaching). The BTEA does not currently provide income support for students pursuing other postgraduate qualifications, masters or doctorates.

Disability Allowance Appeals

Questions (345)

Tom Fleming

Question:

345. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [55337/13]

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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, has disallowed the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 8 January 2014.

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.

Labour Market

Questions (346)

Charlie McConalogue

Question:

346. Deputy Charlie McConalogue asked the Minister for Social Protection if she has consulted any independent agencies which specialise in the role of labour market reactivation and assisting the long-term unemployed to get back to work when she was drawing up the JobPath programme initiative; the names of the agencies consulted and the basis on which they were consulted; the reasons she did not consult any agencies if no consultation process took place; and if she will make a statement on the matter. [55357/13]

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Written answers

In November 2012, following a public procurement competition, the Department engaged the London based Centre for Economic and Social Inclusion (Inclusion) to provide expert advice and assistance with the design and delivery of an employment service model (“JobPath”). Inclusion is the UK’s leading not-for-profit company dedicated to tackling disadvantage and promoting social inclusion in the labour market.

The design of JobPath was overseen by an Interdepartmental Board, chaired by the Department. The board also had representatives from the Department of Public Expenditure and Reform, the National Economic and Social Council, the Offices of the Attorney General and the Chief State Solicitor.

On 1 July 2013, the Department published a Prior Information Notice (PIN) in which it notified the market that it was considering the potential of contracting private/third party providers of employment services. A consultation process was initiated whereby the Department held two information sessions in late July at which it outlined its thinking in relation to JobPath and invited responses. These events were attended by over 200 individuals representing a wide range of organisations involved in labour market activation. The Department also set up a dedicated email address to facilitate questions and feedback. A full list of the attendees and a question and answer document were published on the Department’s website (www.welfare.ie).

The feedback from the consultation process, the advice and assistance provided by Inclusion as well as the Department’s own extensive research of employment service models in other jurisdictions all contributed to the final design of JobPath.

On 12 December 2013, the Department published a contract notice inviting tenders for the provision of employment services (JobPath). The closing date for receipt of JobPath tenders is 28 February 2014.

Community Welfare Services

Questions (347)

Patrick Nulty

Question:

347. Deputy Patrick Nulty asked the Minister for Social Protection if she will ensure her Department facilitates rent supplement applicants who need to meet with a community welfare officer to discuss an application in cases where complicated circumstances may be involved; her views on whether applicants should be granted a face-to-face meeting with a community welfare officer when they request same; and if she will make a statement on the matter. [55423/13]

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Written answers

A key objective of the transfer of the Community Welfare Service from the Health Service Executive to the Department on 1st October 2011 was to provide a streamlined and consistent service to the customer. As part of this process and to support the Department’s activation commitments under the Pathways to Work Programme and the development of Intreo services nationally, it has been necessary to review the administration of all its services across its remit including the community welfare service (CWS).

Overall, this is resulting in a rebalancing of resources across the Department’s range of activities including the relocation of some staff to main centres, primarily Intreo offices, which will provide a full range of services, including the CWS and these will, in general, be available in one location. Each Intreo office will have dedicated space provided for private discussion including a privacy booth and/or interview room.

Where the CWS has been re-structured, alternative arrangements have been put in place to ensure that customers are provided with on-going access to the supports provided by the community welfare service. In general, this means that the frequency of available public clinics has increased, an improved phone service is available and alternative arrangements are in place for those who cannot travel, for example due to illness, including arranging a visit to the client’s home, if necessary.

Specific requests for face-to-face contacts are dealt with according to the individual circumstances of the case and may be facilitated, as required. This would also apply in the case of rent supplement applicants whose claims are being administered by a centralised unit or hub who can generally access these offices by post, phone, e-mail and/or fax.

The Department’s services are monitored on an on-going basis and kept under review by management taking account of the views of staff, users of the service and public representatives. This is to ensure that the best use is made of all available resources with a view to providing an efficient service and that the services provided are reconstituted, where necessary, to meet the changing needs of Irish society.

Departmental Staff Data

Questions (348)

Bernard Durkan

Question:

348. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which agency staff have been used in her Department in each of the past five years for the purpose of answering and transferring calls on their switchdesk; and if she will make a statement on the matter. [55440/13]

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Written answers

The Department has used both the National Council for the Blind in Ireland (NCBI) and Eircom for switchboard staff in each of the last five years. The total number of telephone calls managed through the switchdesks operated by these switchboard staff in 2013 was 513,255.

The Department is embarking on a major overhaul of its telephony systems which will extend, as far as is practical, the use of Interactive Voice Response (IVR) and other technologies to route calls automatically. The Deputy will appreciate that, in the Social Protection area, it is likely that there will always be groups of customers who will need direct personal intervention to help them reach the appropriate area in the department for assistance.

Questions Nos. 349 and 350 withdrawn.

Domiciliary Care Allowance Appeals

Questions (351)

Brendan Griffin

Question:

351. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal for 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. [55459/13]

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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 oral hearing, has decided to allow the appeal of the person concerned. The person concerned was notified of the Appeals Officer’s decision on 2nd January 2014.

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 Appeals Status

Questions (352)

Michelle Mulherin

Question:

352. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [55477/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal from the person concerned was registered in that office on 19 August 2013.

The person concerned was asked to furnish any further medical evidence that she wished to submit in support of her appeal to the Social Welfare Appeals Office. This information was received in the Social Welfare Appeals Office on 4 November 2013 and in accordance with the statutory procedures, the Department has been asked to provide the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal.

When these documents have been received from the Department, her appeal will be referred to an Appeals Officer for consideration.

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.

Community Employment Schemes Places

Questions (353)

Derek Nolan

Question:

353. Deputy Derek Nolan asked the Minister for Social Protection if she will confirm, since funds have been reinstated in the community employment schemes, if the schemes will revert to the old system of issuing contracts for three and five years and extending the contracts of those who are already on community employment schemes, taking into consideration that this will be cost neutral as those who come off the scheme will have to be paid by social welfare; and if she will make a statement on the matter. [55481/13]

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Written answers

There has been no change to the contractual arrangement for Community Employment participants have always been issued for a maximum period of 12 months. Persons who may be eligible for 3 years participation will receive three consecutive annual contracts to cover the relevant period provided they remain eligible to remain on the programme at the end of each contract and their CE Sponsor (employer) wishes to retain them for a further 12-month participation period.

Rent Supplement Scheme Payments

Questions (354)

Patrick Nulty

Question:

354. Deputy Patrick Nulty asked the Minister for Social Protection if an application for rent supplement in respect of a person (details supplied) in Dublin 15 will be expedited; if the attached correspondence will be considered; the reason for the delay; and if she will make a statement on the matter. [55487/13]

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Written answers

Under social welfare legislation all recipients of rent supplements are required to make a minimum contribution towards their rent; additionally a person’s means are taken into account when assessing the amount of rent supplement payable. The person concerned is receiving her full entitlement to rent supplement of €381.30 per month towards the rent of €520.00 for her accommodation, as set out in social welfare legislation.

Jobseeker's Allowance Payments

Questions (355)

Patrick Nulty

Question:

355. Deputy Patrick Nulty asked the Minister for Social Protection if she will confirm that young persons currently in receipt of jobseeker's allowance who manage to get a few weeks work over Christmas will not be put on the lower rate of jobseeker's allowance when they are forced to sign on again after the period of Christmas work runs out; her views that it would be unjust and discriminatory to put young persons, previously in receipt of the higher personal rate, on a lower rate of payment after they had managed to secure limited Christmas employment; and if she will make a statement on the matter. [55489/13]

View answer

Written answers

Where a jobseeker’s allowance customer finds work for a period of time and makes a repeat claim within 52 weeks of the previous claim, the second claim is treated as a linked claim, i.e. as a continuation of the previous claim, rather than as a new claim.

The new Budget 2014 provisions relating to jobseeker’s allowance, for those aged 18 to 24 years of age and for 25 year olds, will apply to all new claims from 15th January 2014 and to existing jobseeker’s allowance customers who reach a relevant age (21 or 25 as applicable) after that date.

These provisions extend payment of the jobseeker’s allowance weekly personal rate of €100 to age 25 where there are no child dependants (this provision previously applied only to those aged 18 to 21 years inclusive) and to customers aged 25 years of age who will be paid a personal rate of €144 where there are no child dependants (this rate previously applied to customers aged from 22 to 24 inclusive).

The new provisions will not apply to a person who makes a linked jobseeker’s allowance claim and where a higher rate of jobseeker’s allowance had been in payment on the previous claim. However, they will apply where that person reaches a relevant age on any date after returning to the live register.

In summary, where a customer had already reached age 21 on a previous linked jobseeker’s allowance claim and where the rate of payment had already increased from €100 to €144 and where there are no other relevant change in circumstances, this rate will continue to be paid. However, the full personal rate of €188 will not apply until the customer reaches 26 years of age.

Where a customer had already reached age 25 on a previous linked jobseeker’s allowance claim and where the rate of payment had already increased from €144 to €188 and where there are no other relevant change in circumstances, this rate will continue to apply.

Question No. 356 answered with Question No. 336.
Question 357 withdrawn.
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