Joe Carey
Question:117. Deputy Joe Carey asked the Minister for Social Protection her views on corrspondence (details supplied) regarding defined benefit pension schemes; and if she will make a statement on the matter. [3223/14]
View answerPension Provisions
Questions (117)
Written answers
The Deputy will appreciate that it is not appropriate for me to comment on matters relating to an individual pension scheme.
Defined benefit (DB) pension schemes in Ireland are set up and maintained by employers on a voluntary basis. When a DB scheme is set up, the level of employer and employee contributions is agreed and established in contract in the Trust Deeds and Rules of each scheme. The Trust Deeds and Rules differ from scheme to scheme and reflect the level of obligation of the parties involved.
Significant challenges exist for many DB schemes and many employers, trustees and scheme members are making great efforts to ensure their ongoing viability. This process is generally managed through dialogue between the parties, where efforts are made to reach agreement regarding the steps that must be taken to secure scheme viability. This may include a mix of measures such as increased employer/member contributions, longer working and amended benefits.
In developing the legislative changes contained in the Social Welfare and Pensions (No. 2) Act 2013, very significant efforts were made to identify an approach that strikes a reasonable balance between the interests of pensioners, active and deferred members across the broad range of scheme portfolios and scheme structures. To ensure the broadest range of views and expertise was considered, the consultation process included a stakeholder consultation. This included groups representing older people and pensioners, the pensions industry, employers and trade unions. Written submissions were also sought from the groups and informed the review process. In addition, the Department engaged external technical and actuarial specialists to undertake modelling exercises which assisted in the review process.
Before the recent changes were introduced, when a DB scheme wound up and was underfunded, pensioners received 100% priority for their benefits, often at the expense of current and former employees. The legislative changes aim to provide for a fairer and more equitable distribution of scheme assets whilst also facilitating greater sharing of the risk between all the beneficiaries when a scheme is underfunded. However, a principle underlying the changes was that pensioners would continue to be afforded the highest level of protection, particularly those on low to moderate pensions with protection levels set at 100% of pensions up to €12,000; 90% of pensions between €12,000 and €60,000; and 80% of pensions greater than €60,000.
Pension schemes generally make an allowance for the State pension when calculating final pensionable salary for the occupational pension. This is often referred to as a "co-ordinated" or "integrated pension". In the case of a co-ordinated pension, the recent changes to the Pensions Act will not apply to the State element of a co-ordinated pension. Those on an unco-ordinated defined benefit pensions typically include pre-1995 employees in the civil and public service and commercial semi-state organisations. The pensions of these individuals are generally higher than those who have an entitlement to the State pension. This is apparent in an analysis of pensions in payment which shows that the median pension for pensioners of commercial semi-state organisations is €21,500 compared to €11,000 for pensioners in the private sector.
Any consideration by the trustees of a scheme to restructure scheme benefits under the Pensions Act is not an arbitrary task. The trustees of pension schemes have a fiduciary duty under Trust Law and the Pensions Act to act in the best interest of all scheme members. The Pensions Act and statutory guidance issued by the Pensions Board sets down detailed criteria which the trustees of a scheme must comply with before application to the Pensions Board to issue a direction to restructure pension scheme benefits.
In relation to the pension fund levy, this is a matter for the Minister for Finance. This levy, which was introduced to fund the Jobs Initiative in 2011, will be abolished from the 31st of December 2014. An additional levy on pension funds at 0.15%, to continue to help fund the Jobs Initiative and current and future State liabilities in relation to pensions, will apply to pension fund assets in 2014 and 2015.
In the case of both a company and the scheme being insolvent, the State will guarantee that existing pension benefits will be protected to a level of 50%, with pensions of €12,000 or less being 100% protected. In this context, I must emphasise that the Pensions Board is working with pension schemes, particularly schemes in a poorly funded position to help these schemes achieve a more sustainable funding position thereby decreasing the likelihood of State intervention.
Mortgage Interest Supplement Scheme Applications
Questions (118)
Bernard Durkan
Question:118. Deputy Bernard J. Durkan asked the Minister for Social Protection the documentation outstanding in respect of an application for mortgage interest relief in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [3255/14]
View answerWritten answers
The following details are outstanding in relation to the application for mortgage interest supplement from the person concerned;
- the original loan application and approval forms (all components of which are required),
- a four-year mortgage statement showing repayments made,
- confirmation from the person’s employer of employment and wages over the previous 13 weeks,
- clarification of the number of days and hours worked and of how his wages are being paid and into what bank account,
- details of his partner’s AIB bank account and to provide bank statements covering a six month period.
Disability Allowance Appeals
Questions (119)
Brendan Griffin
Question:119. Deputy Brendan Griffin asked the Minister for Social Protection if a disability allowance will be reinstated in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [3285/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that the disability allowance appeal by the person concerned has been 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 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.
Live Register Data
Questions (120)
Pearse Doherty
Question:120. Deputy Pearse Doherty asked the Minister for Social Protection if she will provide in tabular form the percentage of claimants on the live register in December 2013 who were single claimants; the percentage who were couples; the percentage who were couples with one child; the percentage who were couples with two children; the percentage who were couples with three children; the percentage who were couples with four children; the percentage who were couples with more than four children; and if she will make a statement on the matter. [3309/14]
View answerWritten answers
A breakdown of the live register in December 2013 by number of dependents is detailed in the following tabular statement.
Breakdown of live register claimants by number of dependants, December 2013
|
Percentage |
Number of Claimants |
Live Register Category |
|
72.1% |
285,114 |
Are claiming for themselves only (i.e. no dependents) including people signing for Credits. (of these 221,627 or 56% of the register are single people) |
|
5.3% |
21,009 |
Have an adult dependent with no Qualified Child Increase |
|
4.5% |
17,702 |
Have an adult dependent with one Qualified Child Increase |
|
5.1% |
20,007 |
Have an adult dependent with two Qualified Child Increases |
|
2.5% |
10,049 |
Have an adult dependent with three Qualified Child Increases |
|
1.0% |
3,997 |
Have an adult dependent with four Qualified Child Increases |
|
0.5% |
2,114 |
Have an adult dependent with more than four Qualified Child Increases |
|
4.1% |
16,124 |
Are claiming personal rate plus one Qualified Child Increases |
|
2.9% |
11,590 |
Are claiming personal rate plus two Qualified Child Increases |
|
1.3% |
5,306 |
Are claiming personal rate plus three Qualified Child Increases |
|
0.4% |
1,755 |
Are claiming personal rate plus four Qualified Child Increases |
|
0.2% |
644 |
Are claiming personal rate plus more than four Qualified Child Increases |
|
100.0% |
395,411 |
Total |
Divorce Process
Questions (121)
Anthony Lawlor
Question:121. Deputy Anthony Lawlor asked the Minister for Social Protection if the different types of divorce available in China are recognised in Irish law; the documentation required by the General Register's Office for each of these divorces to register to marry in the Irish State, particularly those which are reached through mediation in China; and if she will make a statement on the matter. [3313/14]
View answerWritten answers
Recognition of non-EU foreign divorces is governed by the Domicile and Recognition of Foreign Divorces Act 1986. Section 5 of the Act provides that a foreign divorce is recognised if granted in the country where either spouse was domiciled at the date of the institution of the proceedings for divorce.
The Registrar General is the statutory officer responsible for the system of marriage registration in the State. I have made inquiries of the Registrar General and I understand that persons intending to marry in the State must give three months’ notice of intention to marry and provide the registrar with evidence as to forename, surname, address, marital status, age and nationality. If a party to an intended marriage is divorced that person is required to provide a court certified copy of the final divorce decree. If the divorce was granted in a non-EU foreign jurisdiction they must provide evidence that the rules regarding the recognition of foreign divorces set out in the 1986 Act are satisfied, that is, that one of the parties to the divorce had a domicile in that jurisdiction at the relevant time. Where one of the parties to the divorce had a domicile of origin in the jurisdiction which granted the divorce, evidence of domicile is normally satisfied by the production of a birth certificate and a statement by way of affidavit that the person in question continues to reside in that jurisdiction. If the person left their domicile of origin and moved to another jurisdiction they may acquire a domicile of choice. The acquisition of a domicile of choice can be difficult to prove and each case is examined on its own merits.
I understand from the Registrar General that the position in relation to divorces granted in China is that once they are granted by a court they are potentially recognisable in the State, providing the rules relating to domicile can be satisfied and that a Chinese divorce involving mediation as part of a court process is similarly potentially recognisable.
Jobseeker's Allowance Appeals
Questions (122)
Sean Conlan
Question:122. Deputy Seán Conlan asked the Minister for Social Protection the reason a person (details supplied) in County Monaghan has not received a decision in respect of an appeal of a decision to refuse them jobseeker's allowance; and if she will make a statement on the matter. [3315/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 9th December 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 the appeal be sought from the Department of Social Protection. These were received in the Social Welfare Appeals Office on 14th January 2014 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.
Community Welfare Services
Questions (123)
Seán Ó Fearghaíl
Question:123. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will restore the community welfare service to the public health centre at Athy, County Kildare thereby ensuring that residents in this RAPID town continue to have direct access to community welfare officers; and if she will make a statement on the matter. [3323/14]
View answerWritten answers
The Department is examining the operation of all its services, including the Community Welfare Service, in the context of the Pathways to Work commitments and the development of Intreo services nationally. A significant reform programme to ensure appropriate resources are focused in the provision of opportunities, supports and assistance for unemployed persons is well advanced. The rebalancing of resources across the Department’s range of activities – payment processing, control and activation - has resulted in changes in the way CWS services are delivered and the rationalisation of some Community Welfare Service clinics.
In Co. Kildare, in preparation for these changes, the Department contacted all affected customers directly, advising them of the changes in the services. The Community Welfare Service in Athy which was formerly available two mornings per week at a walk-in clinic is now available Monday to Friday through initial telephone contact, which means the service can be delivered without the need to attend a clinic. Telephone calls are followed by appointments if necessary, home visit or application by post for non-urgent claims.
All calls are returned within one working day and emergency calls are prioritised. Where any customers are not able by reason of illness or disability to attend an appointment arrangements will be made to see them in their home. A fast referral service has now also been put in place with a standard Referral Form issued to local organisations and representatives.
Prior to the restructuring, several changes to the operation of the Supplementary Welfare Allowance Scheme (SWA) in South Kildare/West Wicklow had already been made. All claims for Rent Supplement were centralised to a dedicated unit. All claims for Mortgage Interest Supplement were centralised to one office within the area. A system of Integrated Decisions was put in place in Newbridge Local Office in order to expedite claims for Jobseekers Allowance, Jobseekers Benefit and One Parent Family payment and thus minimise the recourse to SWA in these cases.
The result of these initiatives has been to greatly reduce the dependence on SWA, and the local Community Welfare Service, in local areas. The main business now transacted locally is applications for Exceptional Needs Payments.
All changes will be monitored on an ongoing basis to ensure adequate services continue to be available.
Contact details for the Athy service are as follows:
|
Area |
Telephone |
|
Athy - Castledermot |
045 - 887831 |
|
Dunlavin – Ballitore – Baltinglass |
045 - 887829 |
|
Rent Supplement Claims |
1890 - 800698 |
|
Mortgage Interest Supplement claims |
045 - 887833 |
|
Fax Number for Referrals |
045 - 887845 |
|
Postal Address for all Referrals |
P.O. Box 700, Naas, Co. Kildare. |
Invalidity Pension Appeals
Questions (124)
Pat Breen
Question:124. Deputy Pat Breen asked the Minister for Social Protection when a decision on an invalidity pension appeal will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [3373/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 4th February 2014. The person concerned has been notified of the arrangements for the 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.
Rent Supplement Scheme Eligibility
Questions (125)
Bernard Durkan
Question:125. Deputy Bernard J. Durkan asked the Minister for Social Protection if and-or when increase in rent support may be made in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3446/14]
View answerWritten answers
The client is in receipt of her maximum entitlement to rent supplement based on her current rent. The maximum rent limit per month for this family composition in Celbridge is €850.00.