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Thursday, 6 Feb 2014

Written Answers Nos. 87-97

Legislative Programme

Questions (88)

Terence Flanagan

Question:

88. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation when he expects to publish the consolidation of the Companies Acts; and if he will make a statement on the matter. [6153/14]

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Written answers

The Companies Bill was published on 21 December 2012. The Bill is based on the General Scheme prepared by the Company Law Review Group, which was approved by Government in 2007. When the Bill is enacted into law it will consolidate the existing 17 Companies Acts, which date from 1963 to 2013 into one Act. The Bill also contains a number of necessary reforms which are designed to make it easier to operate a company in Ireland. The Bill completed Second Stage in the Dáil on 25 April 2013 and Committee Stage on 6 November 2013. It is planned that Dáil Report Stage will begin later this month. It is anticipated that the Companies Bill will be enacted by the end of 2014.

Joint Labour Committees Abolition

Questions (89)

Terence Flanagan

Question:

89. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will provide an update regarding joint labour committees, JLCs; and if he will make a statement on the matter. [6155/14]

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Written answers

On 28 January last, I signed Orders to give effect to recommendations of the Labour Court Review of the ten existing Joint Labour Committees, which I had published in October 2013. The Orders provide for:

1. The abolition of two Joint Labour Committees

- Dublin Hotels

- Law Clerks

2. Amendments to the existing Establishment Orders in respect of:

- Contract Cleaning

- Hairdressing

- Hotels (non-Dublin and Cork)

- Security

Effecting the recommendation concerning the Agricultural JLC will require amendments to primary legislation and my officials are currently engaged with the Department of Agriculture, Food and the Marine on how best to implement this. Legal advice obtained during the drafting of the proposed Order for the Retail Grocery JLC indicated that it would not be appropriate for me to proceed with amending the scope of the Retail Grocery JLC as recommended by the Labour Court. The effect of this is that the existing Establishment Order governing the Retail Grocery sector remains in place.

With regard to the two catering JLCs, I accepted the recommendation that the existing scope and structures remain in place and that one person be appointed to chair both JLCs. Accordingly, it was not necessary for me to make Orders in these instances.

Since the Orders were signed, the Labour Relations Commission has been asked to nominate Industrial Relations Officers to fill the vacant chairperson and deputy chairperson positions on each JLC. I expect that those nominees will be appointed in the coming weeks. It will then be a matter for the Labour Court, under the Industrial Relations Act 1946, to ensure that equal number of representatives of workers and employers in the relevant sectors are on each of the JLCs.

It is important to remember that the JLC Establishment Orders will provide only a framework within which employers and employee representatives can come together voluntarily and negotiate terms and conditions of workers in their respective sector. For vulnerable workers, the advantage of JLCs is that they see fair terms and conditions such as wage rates, sick pay etc. agreed and given effect by Employment Regulation Order, while for some employers, the advantage of the JLC system, based as it is on the principle of self-governance, means that they can agree and set minimum pay and conditions, agree on work practices which are custom-made to their industry – a flexibility which cannot be achieved by primary legislation. Where both parties to a JLC see commonality of purpose and outcome then an agreement may emerge. This process sits very much within the context of Ireland's voluntarist system of industrial relations.

Carer's Allowance Appeals

Questions (90)

Pat Breen

Question:

90. Deputy Pat Breen asked the Minister for Social Protection the position regarding a carer's allowance application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [5894/14]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 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 the 31 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.

Question No. 91 withdrawn.

Jobseeker's Benefit Applications

Questions (92)

Lucinda Creighton

Question:

92. Deputy Lucinda Creighton asked the Minister for Social Protection the reason a person (details supplied) in Dublin 4 has been informed that they are entitled to a specified rate of jobseeker's benefit; and if she will make a statement on the matter. [5914/14]

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Written answers

There are four personal rates of payment for jobseeker’s benefit. Should an entitlement be established, the rate that a person will receive is dependent on that person’s average weekly earnings during the PRSI contribution year from which the entitlement is established. In the case of the person concerned, his rate of entitlement was based on his average weekly earnings for 2012. In this year his average weekly earnings were €208.00, which gave rise to an entitlement to a graduated rate of jobseeker’s benefit of €121.40, the third tier of payment. An application form for jobseeker’s assistance was issued to the person concerned on 28 January 2014. This is a means-tested payment which the person concerned could qualify for. When the completed form is returned, any entitlement to this payment that the person concerned may have will be assessed.

Disability Allowance Appeals

Questions (93)

Michael Healy-Rae

Question:

93. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [5926/14]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13 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.

Rent Supplement Scheme Applications

Questions (94)

Terence Flanagan

Question:

94. Deputy Terence Flanagan asked the Minister for Social Protection the position regarding rent allowance in respect of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [5948/14]

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Written answers

When the entitlement to rent supplement for the person concerned was assessed, it was based on a rent cost of €105.00 per week. This was the amount of rent payable by him as stated in writing by both the person concerned and his landlord when his claim was last reviewed on 6 March 2013; furthermore it was also confirmed by the lease agreement provided for the accommodation. Under Social Welfare legislation all persons who apply for a rent supplement are required to make a minimum contribution towards their rent. In his case the minimum contribution was €32.00 per week; the €30.00 statutory minimum contribution plus the €2.00 difference between the jobseeker’s allowance rate of €188.00 per week and the supplementary welfare allowance rate of €186.00 per week. This gave him an entitlement to rent supplement of €73.00 per week.

The Rents Unit which administers his claim is unaware of any increase in the rent cost for the person concerned. As the fact that there may have been an increase has now come to light, a review form has been issued to the person concerned together with a request to submit an updated lease agreement. On receipt of this documentation by the Rents Unit, the entitlement to rent supplement for the person concerned will be reassessed.

Social Welfare Fraud Investigations

Questions (95)

Mary Lou McDonald

Question:

95. Deputy Mary Lou McDonald asked the Minister for Social Protection the total number of staff in her Department working on tackling social welfare fraud. [5954/14]

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Written answers

The control process is an integral part of the day to day operations of the Department. All staff of the Department involved in the administration of the various social welfare schemes are acutely aware of the need to implement appropriate controls at every stage of the claim life-cycle process. There are approximately 650 staff whose exclusive responsibilities are related to control activities. 400 of these work as Social Welfare Inspectors or are staff within the Special Investigation Unit (SIU). The remainder are based in other control units throughout the Department.

In addition, it should be noted that:

- Staff who work across the Department's Intreo Centres and local offices, including the community welfare service, have a strong control dimension to their work. The roll out of the Intreo service to jobseekers presents a clear opportunity to improve control performance in relation to jobseeker clients. The integrated decision-making and the case management approach has both client service benefits and also improves control across schemes.

- Departmental Medical Assessors carry out medical review examinations of clients in receipt of illness and disability payments to ensure that the scheme medical qualifying conditions are still met.

The exclusive function of the Department’s Special Investigation Unit (SIU), which comprises some 100 officers, is to investigate and report on fraud and abuse of social welfare schemes. It involves a broad range of management, liaison, enforcement, investigative, intelligence gathering duties and operates at the high or more organised end of social welfare fraud and abuse. The Unit carries out a wide range of control activities and projects. It also works closely with Revenue staff in Joint Investigation Units, with staff from the National Employment Rights Authority, the Gardaí and other compliance and enforcement agencies.

Social Welfare Fraud Cost

Questions (96)

Mary Lou McDonald

Question:

96. Deputy Mary Lou McDonald asked the Minister for Social Protection her Department's estimate of the cost to the Exchequer of social welfare fraud in 2013 and the projected cost in 2014. [5955/14]

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Written answers

The vast majority of people receiving social welfare payments are legitimately entitled to them. It should be borne in mind that there is often a perception of fraud, however when a case is examined the individual may be doing something that is allowed under the rules for receipt of the particular payment. For example, a person may work and still receive the one-parent family payment provided their earnings are within the set limits.

The only reliable measure of excess payments by the Department through fraudulent claiming is by way of fraud overpayments raised. To prove fraud requires careful investigation of the case, establishment of the facts often under a cautioned interview, a disallowance of payment by the deciding officer and the setting up of an overpayment in respect of the historical period, where that is possible.

In 2012, the total value of overpayments raised amounted to €97m; this represents less than 0.5% of total Departmental expenditure. Overpayments arising from activity suspected of being fraudulent accounted for €41m of the total overpayments in 2012. Overpayments recorded in 2013 form part of the statutory accounts of the Department and are not available until they have been audited by the Office of the Comptroller and Auditor General.

A strategic approach to combating social welfare fraud is in place through the Department’s Fraud Initiative. In this regard, fraud detection and control systems have been refined and enhanced in recent years and are subject to continuing review.

Social Welfare Appeals Status

Questions (97)

Dara Calleary

Question:

97. Deputy Dara Calleary asked the Minister for Social Protection the position regarding a social welfare appeal in respect of a person (details supplied) in County Donegal; when a decision will be made on the appeal; and if she will make a statement on the matter. [5961/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13 November 2013. 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.

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