Written Answers Nos. 396-417
396. Deputy Joan Collins asked the Minister for Social Protection the number of contributory pension payments and-or contributory pensions that have been cancelled due to pensioners not co-operating with her Department's controlled survey. [3896/14]
View answer398. Deputy Joan Collins asked the Minister for Social Protection if the random controlled survey of widow's-widower's-surviving civil partner's contributory pension is mandatory and will lead to an automatic cancellation of the pension without a written explanation that her Department will stop an old age pensioner if the person does not comply-co-operate with the random controlled survey. [3917/14]
View answer399. Deputy Joan Collins asked the Minister for Social Protection the protocol in place in the lead up to an old age pensioner having their payment cancelled because they have not co-operated-responded to the random controlled survey of widow's-widower's-civil partner contributory pension; the number of personal contacts that must be made and the sequence of written contact that must be made and provide the written contact letters. [3918/14]
View answer406. Deputy Joan Collins asked the Minister for Social Protection the process engaged by her Department in their random control check on the payment of a pension (details supplied) in Dublin 10; if she will reinstate the contributory widow's pension with immediate effect pending this report being drawn up and a resolution to the withdrawal of their pension. [3978/14]
View answerI propose to take Questions Nos. 396, 398, 399 and 406 together.
The Department has a duty to ensure that it pays the right person the right amount of money at the right time. It is important that all schemes operated by the Department, including widow(er)'s and surviving civil partner's contributory pension, are subject to review and continuing eligibility checks. This includes conducting fraud and error surveys which serve to reaffirm the entitlement of randomly selected recipients to their payments.
The Department has agreed criteria with the Office of the Comptroller and Auditor General for the successful implementation of baseline fraud and error surveys.
The process involves:
- Social welfare inspectors reviewing a random sample (circa 1,000) of claims to assess the underlying levels of fraud and error and reporting back to the relevant scheme area
- Action being taken by scheme managers to address the fraud and error risks identified
- Learning from each survey which is applied in the operation of future surveys.
A random control survey, by its nature, must be conducted without prior notification to the recipients selected. Inspectors visit the address of the recipient as held on the Department’s records. There is an onus on all customers of the Department, regardless of age, to cooperate with the process when requested, confirming their identity and compliance with other scheme specific criteria. The Department’s experience is that people selected to participate in the surveys are more than willing to participate; people legitimately claiming their entitlements acknowledge the efforts of the Department to ensure social welfare expenditure is appropriately applied.
A fraud and error survey of 1,000 widow(er)'s and surviving civil partner's contributory pension claims commenced in Quarter 3, 2013. Details of the randomly selected claims were sent to relevant Social Welfare Inspectors throughout the country, to interview the recipients and determine if they continued to satisfy the conditions for receipt of payment, together with any increases payable.
In the case of the widow(er)'s and surviving civil partner's contributory pension recipient referred to by the Deputy, the Social Welfare Inspector made a number of attempts in September 2013 to arrange the required interview. The person concerned advised the inspector, by telephone on 17th September 2013, that she was not prepared to engage with the Department’s survey. This was despite the Inspector clearly outlining to her that continuing her payment may be affected and that a phone call could not be regarded as sufficient verification of her identity.
Subsequent action to suspend payment arose as a result of the Department being unable to validate the recipient’s identity or any change in circumstances which may affect her continuing eligibility to the payment. A letter issued on 9th January 2013 notifying her that her payment was being suspended due to her failure to cooperate with the control survey. The letter also afforded her the continuing opportunity to contact the Department for completion of the interview and survey. She declined to cooperate with every effort made in this case.
I sincerely regret the distress that this matter caused. However, I am sure the Deputy will fully appreciate that the Department takes very seriously its responsibilities to ensure that taxpayers’ money is spent properly and that officials of the Department are doing the job requested of them, in a very professional manner, to achieve this fundamental objective. On foot of the verification information supplied by the Deputy, the payment was reinstated and made available for collection.
397. Deputy Sean Fleming asked the Minister for Social Protection the situation regarding persons who apply for a payment such as carer's allowance and while their application is being considered are told they cannot sign for credits during that period and may subsequently find themselves refused carer's allowance and then seek to apply for an alternative payment and are then told because they have not been signing for credits for the previous two years they are not eligible to apply for other payments; and if she will make a statement on the matter. [3897/14]
View answerIt would be unusual that a person had a two year gap in their PRSI record caused solely by waiting for a decision on an application for carer’s allowance, as the average time to award carers allowance is approximately 25 weeks (at end December 2013).
Credited contributions (credits) are social insurance contributions which are awarded, under certain circumstances such as unemployment or illness, to an insured person without payment of a Pay Related Social Insurance (PRSI) contribution. Their purpose is to help protect the future social insurance entitlements of insured persons by providing cover during periods when paid PRSI contributions are not due.
Credited contributions alone will not suffice to qualify for a working age contributory, PRSI based payment, such as jobseeker’s benefit or illness benefit, which also include a requirement that a minimum number of paid contributions have also been received in respect of a specified period, regardless of the number of credited contributions awarded.
Also, as the Department’s schemes are contingency based, each has other criteria which must be met before a claim can be awarded and, in some instances, different criteria can make two schemes mutually exclusive. For instance, to qualify for a carer’s payment a person must be providing full time care, which would exclude that person from receipt of a jobseekers payment and from unemployment credits, for which they must be available for full time employment and genuinely seeking such work.
The Department’s social assistance schemes, such as jobseeker’s allowance, are based on a means test rather than on PRSI contributions, and a person may qualify for payment provided that they also satisfy all other conditions attached to the particular scheme.
The Deputy will be aware that a person who is under financial pressure while awaiting a decision on a social welfare application can apply for a supplementary welfare allowance payment, which is based on a means assessment and to which other conditions may also apply.
If the Deputy has a specific case in mind and he wishes to forward the details, I will have it examined by the Department.
400. Deputy Brendan Griffin asked the Minister for Social Protection if she is concerned for the unemployed spouses of working persons who do not qualify for community employment scheme eligibility; if her attention has been drawn to the fact that such persons cannot access the large number of positions arising in various sectors that are exclusively for community employment scheme applicants only; if she is concerned that specialised workers who do not qualify for community employment have very little employment opportunity as a result; if she will examine the issue with a view to finding a solution; and if she will make a statement on the matter. [3940/14]
View answerThe aim of Community Employment (CE) remains as an active labour market programme with the emphasis on progression of persons on the Live Register as a priority into employment and/or further education and training. The core eligibility criterion for CE is that the person is in receipt of a qualifying social welfare payment for 1 year. At present, persons signing for credits who are ineligible for a social welfare payment such as spouses of working people do not meet the current eligibility requirements for participation on the CE Scheme. They may, however, be eligible for participation on other programmes provided by SOLAS/Education and Training Boards.
People in these circumstances are advised to contact their local DSP Intreo/Employment Services Office where an Employment Services Officer will discuss the employment and training options that are open to them.
Within the current budgetary constraints, the number of places available on CE has increased by an additional 2,000 places to 25,300 in 2013. In delivering these places, the Department will continue to manage this allocation in order to maximise progression to the labour market, while at the same time facilitating the support of community services.
401. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of rent allowance in view of information supplied in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3963/14]
View answerAs per changes introduced in Budget 2014, the minimum contribution towards Rent and Mortgage Interest Supplement for couples was increased by €5 per week, from €35 to €40 for new and existing recipients. This equates to a reduction of €21.60 per calendar month to the client in question. These changes align Rent and Mortgage Interest Supplement contributions with Local Authority rents structures.
402. Deputy Joan Collins asked the Minister for Social Protection the reason a person (details supplied) in Dublin 12 is being denied his jobseeker's allowance [3964/14]
View answerOne of the continuous conditions for payment of jobseeker’s allowance is that a person must be available for and genuinely seeking employment, and this is periodically reviewed. The person concerned was in receipt of jobseeker’s allowance from July 2010 and attended his Social Welfare Local Office for a review interview in July 2013, at which he was asked to produce documentary evidence of his efforts to find work. During this interview, he disclosed that he had been attending a full-time training course from October 2012 to May 2013, and that he had failed to notify my Department of this change of circumstances. In addition he was unable to provide sufficient documentary evidence to show that they had been genuinely seeking employment, and as a result his claim for jobseeker’s allowance was disallowed.
The person concerned has appealed this decision to the Social Welfare Appeals Office, and was awarded supplementary welfare allowance for a period pending the outcome of his appeal. It is also a condition for receiving supplementary welfare allowance that a person must be genuinely seeking employment, and his claim was similarly reviewed by his Community Welfare Officer in January 2014. Again the person concerned did not furnish sufficient documentary evidence of his efforts to find work, and as a result, his claim for supplementary welfare allowance was also disallowed.
We are currently awaiting the outcome of his appeal from the Social Welfare Appeals Office. Should he submit further documentary evidence to my Department to sufficiently prove that he is genuinely seeking employment, his entitlement to jobseeker’s allowance will be reviewed.
403. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection further to publications of the recent legislative programme, her plans for the publication of the gender recognition Bill originally planned for mid-2014. [3965/14]
View answerThe General Scheme of the Gender Recognition Bill 2013 was published on 17 July 2013, following Cabinet approval. The Bill provides for the recognition of the acquired gender of transgender people aged 18 and over and who are not married or in a civil partnership. The legislation will also facilitate persons with intersex conditions.
Once enacted, it will mean that a person who has been issued with a gender recognition certificate will have their acquired gender fully recognised by the State for all purposes – including the right to marry or enter a civil partnership in the acquired gender and the right to a new birth certificate.
Following publication, the General Scheme of the Bill was referred to the Joint Oireachtas Committee on Education and Social Protection. The Committee held hearings on the legislation on 23 and 24 October 2013. Officials from the Department of Social Protection, representative groups and legal and medical experts participated in the hearings. The Committee’s Report was published on 16 January 2014.
I am currently considering the Report and will soon bring a Memorandum to Government where the Committee’s recommendations will be considered. Following Government consideration, the General Scheme of the Bill will be referred to the Office of the Parliamentary Counsel for drafting with the aim of the legislation being published later this year.
404. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on a domiciliary care allowance in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [3973/14]
View answerAn application for domiciliary care allowance was received on the 14th August 2013. The application was disallowed as the child was not considered to satisfy the medical qualification criteria for the allowance. A letter issued on the 6th November 2013 advising of the decision. A review of this decision has been requested and additional information on this child’s condition/care needs has now been supplied. The person concerned will be notified of the outcome of this review as soon as it is completed.
405. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection the circumstances in which a person may engage in voluntary work in their local community, for the purposes of developing their own skills and benefitting the local community, and continue to claim jobseeker's payments; if this facility is limited to voluntary work done within the jurisdiction; her views on whether this discriminates against those who live in Border communities; and if she will make a statement on the matter. [3977/14]
View answerA customer may engage in voluntary work within the State without affecting their jobseeker entitlements, provided they continue to satisfy the statutory conditions of being available for full-time employment and genuinely seeking work. The voluntary activity must be within the State and that requirement is not seen as discriminatory as it is applies to all customers regardless of their distance from the border. Examples of voluntary work in which jobseekers may engage include helping the sick, elderly or persons with a disability or assisting youth clubs, church groups, sports groups, cultural organisations and local resident associations.
Details of the voluntary work option arrangements are published on the Department’s website and, in order to ensure that the profile is raised, all staff involved in the administration of the jobseeker schemes are aware of these arrangements and of the operational procedures under which they operate. Details are also published on the Volunteer Ireland website.
407. Deputy Michael Creed asked the Minister for Social Protection if she will expedite a decision on a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [3981/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 13th January 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be 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 appeal 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.
408. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made in an application for disability allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [4033/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 9th January 2014, 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.
411. Deputy Michael P. Kitt asked the Minister for Social Protection if a person (details supplied) in receipt of jobseeker's allowance will be affected if they were to take part in a community employment scheme for six months; if they will be entitled to jobseeker's allowance after six months until retirement age; if the jobseeker's allowance would cease after a certain period; and if she will make a statement on the matter. [4059/14]
View answerIn the event that the person concerned participates in a community employment (CE) scheme, his entitlement to jobseeker’s allowance will cease for the duration of the scheme as he would no longer be unemployed. On completion of his contract with the CE scheme he could qualify for jobseeker’s allowance again provided he satisfies all the relevant qualifying conditions for receipt of this payment. There are no prescribed limits regarding the duration of payment of jobseeker’s allowance; provided that the conditions are satisfied it is normally payable up until age 66.
413. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in respect of an appeal for jobseeker's allowance in the case of a person (details supplied) in Dublin 10; and if she will make a statement on the matter. [4079/14]
View answerThe application for jobseeker’s allowance from the person concerned was disallowed on 17/12/2013 as his means exceeded the jobseeker’s allowance payment. There is no record of an appeal lodged and the claim was closed 21 days after the decision on 20/01/2014.
414. Deputy Róisín Shortall asked the Minister for Social Protection the reason a jobseeker's payment was suspended in respect of a person (details supplied) in Dublin 9 in casual employment; the reason this payment began again in December 2013 without notification; the reason no payment was issued between March and December of 2013, despite the submission of up-to-date dockets; and if she will make a statement on the matter. [4085/14]
View answerThe person concerned has a current claim for jobseeker’s allowance and is a part-time casual worker who normally works 3 days per week. She was assessed with daily means from her employment of €73.00. The consequence of this is that when she works 3 days per week, the weekly means from her employment exceed the weekly maximum rate of jobseeker’s allowance payable, which in her case is €188.00, and she has no entitlement to a jobseeker’s payment. As the person concerned only worked for 2 days during a week in December, an increased payment was due to her for that week. She has received part payment of this already and the balance will issue to her shortly.
Her Intreo Office wrote to the person concerned on 23rd January 2014 requesting updated information on her recent employment and earnings in order to ensure that her entitlements are correct. She should furnish this information as soon as possible.
415. Deputy Richard Boyd Barrett asked the Minister for Social Protection if she will explain what JobPath is; if she will outline the details of the way it will operate; and if she will make a statement on the matter. [4087/14]
View answer416. Deputy Richard Boyd Barrett asked the Minister for Social Protection if any companies have been awarded contracts for JobPath; and if so, which companies; and if she will make a statement on the matter. [4088/14]
View answer418. Deputy Richard Boyd Barrett asked the Minister for Social Protection the documentation and statistics on JobPath available for the public; and if a private company running JobPath will it be open to freedom of information legislation; and if she will make a statement on the matter. [4090/14]
View answer419. Deputy Richard Boyd Barrett asked the Minister for Social Protection the cost of setting up JobPath; if she will save money by privatising this scheme; and if so how; and if she will make a statement on the matter. [4091/14]
View answer420. Deputy Richard Boyd Barrett asked the Minister for Social Protection the way the private company will be paid; if they will have to get a certain quota of persons into activity or work; and if so the number of same; and if she will make a statement on the matter. [4092/14]
View answer422. Deputy Lucinda Creighton asked the Minister for Social Protection the total number of persons currently scheduled to be interviewed as part of the JobPath scheme; the total number of staff currently assigned to conducting these interviews; the total amount of euro that will be spent in outsourcing this role; and if she will make a statement on the matter. [4124/14]
View answer423. Deputy Lucinda Creighton asked the Minister for Social Protection if she will provide an update on the JobPath scheme; and if she will make a statement on the matter. [4125/14]
View answerI propose to take Questions Nos. 415, 416, 418 to 420, inclusive, 422 and 423 together.
JobPath is a new programme of employment activation aimed specifically at the long-term unemployed and those most distant from the labour market. The allocation of additional resources to the activation of long term unemployed people was the focus of an updated “Pathways to Work” policy statement published in July 2013 (PTW 2013). The Department examined various resourcing and contracting options, and taking note of recommendations by the OECD among others, the Department has decided to procure additional capacity from providers with expertise and experience in the provision of employment supports or related services. This additional capacity will augment the Department’s own activation capacity as well as that already contracted with the providers of Local Employment Services (LES).
JobPath contractors have not yet been appointed. A request for tenders issued on 12 December 2013 with a closing date of 28 February 2014. Taking account of the time required for the tender evaluation process, it is expected that contracts will be awarded in April/May 2014. It is expected that successful tenderers will require about 6 months to set up operations following contract award. On this basis JobPath should commence operations towards the end of this year at which point the department will commence scheduling jobseekers for referral.
Tender documentation has been published on www.etenders.gov.ie while information on JobPath is available on www.welfare.ie.
Contractors will be paid a mixture of registration fees and job sustainment fees. The registration fees will be paid upon completion of a personal progression plan for each jobseeker. However the bulk of income will be derived from job sustainment fees. These payments will be made only if the jobseeker secures employment while on the JobPath programme and only in respect of discrete periods of sustained employment of 13 weeks up to a maximum of 52 weeks. Accordingly, the overall cost of JobPath will be determined by the prices that are agreed as well as the number of jobseekers who complete periods of sustained employment.
It is important to note that JobPath will deliver an individual case management service for all clients referred to assist them in removing barriers to employment. This case management service will be delivered over the 12 month period that clients are engaged on the JobPath programme.
There are a number of points worthy of note.
First, successful tenderers will not be able to recover their costs or make any profit unless they place jobseekers into sustained employment.
Second, the Department has built in a mechanism to discount fees should overall employment levels exceed forecasted levels thus restricting successful tenderers from benefitting as a result of any general improvement in economic conditions.
Third, the Department has specified retention fee arrangements to ensure that contractors meet certain service quality levels.
Finally a significant advantage of the approach is that it enables the Government to match the cost of achieving an employment outcome with the saving from reduced welfare payments, this is an important consideration in the context of the constraints on public expenditure.
For the purposes of the tender, the Department estimated that about 110,000 clients per annum may be referred to JobPath over a four year period. Tenderers are expected to commit in their tender responses to improve progression rate into employment by 30% compared to the historic progression for such clients.
Under the Freedom of Information Acts a person has a right of access to a record held by a person providing a service for a public body under a contract for services in so far as it relates to the service. Therefore JobPath contractors will be subject to these provisions.
417. Deputy Richard Boyd Barrett asked the Minister for Social Protection the schemes-activities that will be offered to persons with JobPath-JobBridge-training courses-work placement-unpaid internships; the way it will be regulated; and if she will make a statement on the matter. [4089/14]
View answerIt is understood that the Deputy is enquiring about employment supports that can be accessed by jobseekers while they are on the JobPath programme. JobPath will deliver some of the Government’s employment services aimed specifically at the long-term unemployed and those most distant from the labour market. It will be delivered by private/third party contractors on a payment by results basis. A request for tenders (RFT) was published on 12 December 2013 with a closing date of 28 February 2014. A list of the various employment supports that JobPath clients may be able to access is provided in appendix 1. These supports are regulated by the Department. JobPath contractors, in consultation with clients, will identify which supports best suit a person’s individual employment activation requirements. Specific information on each support is available on the Department’s website. In addition, JobPath clients may be referred to training and/or education programmes while they are on the programme.
Appendix 1
Employment supports for JobPath clients
Education, Training and Development (ET&D) Option
Part-Time Education Option (PTEO)
Back to Education Allowance (BTEA)
Part Time Job Incentive Scheme (PTJIS)
Back to Work Enterprise Allowance (Self Employed) (BTWEA)
Back to Work Allowance (BTWA)
Short-Term Enterprise Allowance (STEA)
Supported Employment Programme
JobBridge, National Internship Scheme
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