Written Answers Nos. 98-108
99. Deputy Éamon Ó Cuív asked the Minister for Social Protection if participants on community employment schemes can remain on these schemes until they are sixty six years of age in view of the raising of the State pension age to 66 since 1 January 2014, with the abolition of the State pension transition; and if she will make a statement on the matter. [6067/14]
View answerThe retirement age of Community Employment (CE) participants and supervisors is amended in the CE Operating Procedures to match the provisions of Section 7 of the Social Welfare and Pensions Act 2011 regarding the qualifying age for the State Pension. This means that the revised retirement age will be based on the date of birth of the person as follows:
- For persons born before 1 January 1955 the minimum qualifying State Pension age will be 66.
- For persons born on or after 1 January 1955 the minimum qualifying State Pension age will be 67.
- For persons born on or after 1 January 1961 the minimum qualifying State Pension age will be 68.
Once a person reaches the qualifying age for the State Pension (specifically the Friday before their relevant birthday), their CE position will no longer be funded by the Department of Social Protection. It is Departmental policy not to simultaneously fund two personal payments (i.e. a CE payment and State Pension at the same time).
100. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on their social welfare appeal; and if she will make a statement on the matter. [6073/14]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
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.
101. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of rent allowance payable in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [6095/14]
View answer102. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of one parent family allowance payable in the case of a person (details supplied) in Dublin 24; if it is recognised that deductions in respect of previous alleged overpayment are causing severe hardship; and if she will make a statement on the matter. [6096/14]
View answerI propose to take Questions Nos. 101 and 102 together.
The correct level of rent supplement in the case of the person concerned is €731.30 per calendar month. A deduction of €50.00 per calendar month is being made by the person concerned in respect of an outstanding overpayment, resulting in a net payment of €681.30 per calendar month. The correct level of one parent family payment in the case of the person concerned is €257.60 per week. The person concerned pleaded guilty at a Court hearing in 2011 to three sample charges of social welfare fraud and agreed to repay the fraud by way of a €70.00 per week deduction from her aforementioned payment. The person concerned can contact the offices administering her claims should she wish to enquire into restructuring her recovery plan.
103. Deputy Bernard J. Durkan asked the Minister for Social Protection regarding a review of an appeal in respect of an application for disability allowance in the case of a person (details supplied) in County Kildare who will remain under medical care for at least another year, having been so for the past 12 months; and if she will make a statement on the matter. [6098/14]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 21 October 2013. Under legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. The Social Welfare Appeals Office has advised me that no new evidence or new facts from or on behalf of the person concerned have been received by that office to date. 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.
104. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) in County Kildare qualifies under the back to work scheme or other options for self-employment or otherwise in view of the fact that he has been in receipt of basic supplementary welfare allowance for more than a year and has been in receipt of jobseeker's allowance more recently; and if she will make a statement on the matter. [6099/14]
View answerIn addition to a number of other qualifying criteria, a person must be in receipt of a designated social welfare payment for a period of 312 days in order to qualify for the back to work scheme. It is open to the person concerned to call to his local employment services office in Maynooth where a member of staff will be in a position to advise him of the options currently available to him.
106. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 129 of 5 December 2013, in the matter of entitlement in the case of a person (details supplied) County Kildare, if the fact that no contact/maintenance/correspondence exists between the mother and their child for the past three years, if the deciding officer who made the original decision in this case erred in his/her conclusions; if in the interests of natural justice the case can be revisited in view of current evidence; and if she will make a statement on the matter. [6101/14]
View answerThe claim of the person concerned to Guardians payment contributory was disallowed on 30 May 2012 as the deciding officer was satisfied that the care arrangements in place for the child were on foot of a private mutual agreement between the child’s mother and the applicant, and therefore the child was not deemed to be abandoned. The person concerned appealed this decision to the Social Welfare Appeals Office and the Appeals Officer upheld the decision of the deciding officer on 15th March 2013. The claim will be reviewed if new facts or evidence are presented that were unavailable to the Appeals Officer.
107. Deputy Martin Heydon asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the draft revisions to the canal by-laws proposed by Waterways Ireland, which include increases in mooring fees; if he is concerned about the implications of these changes for the tourism industry; and if he will make a statement on the matter. [6110/14]
View answer108. Deputy Martin Heydon asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the draft revisions to the canal bye laws proposed by Waterways Ireland; if he is concerned about the implications of these changes for the fisheries industry; and if he will make a statement on the matter. [6111/14]
View answerI propose to take Questions Nos. 107 and 108 together.
As the Deputy will be aware, Waterways Ireland proposes to make new bye-laws which are intended to enhance its ability to manage the canals for the benefit of all canal users. There are over 14,000 registered boat owners on the seven waterways managed by Waterways Ireland. These seven waterways make a vital contribution to tourism, attracting visitors from around Ireland and from abroad.
The proposed bye-laws are intended to support the investment already made by Waterways Ireland in new infrastructure and facilities along the canals. That investment has made the waterways more attractive for boat owners and is helping to develop them as a vibrant recreational and tourist amenity for all waterway users. Given that background, it is now necessary to update the bye-laws to ensure that the rules governing use of the waterways are fit for purpose and best meet the needs of all waterway users.
The proposed new bye-laws provide for the management of house boats, defined as a boat on the canals which is being used as the sole or principal residence of the owner or an occupant with the owner’s permission, as well as for extended moorings and residential moorings. An Annual Houseboat Mooring Permit will be required for a houseboat not navigating or continuously cruising the canals. The permit will allow the use of a mooring identified by Waterways Ireland on the canals where the houseboat may moor for more than five days and up to one year. It is not possible to give an accurate estimate of the total number of boat owners who will be required to take out an Annual Houseboat Mooring Permit in the event of the draft bye-laws coming into force. However, I am advised that Waterways Ireland issued 276 Combined Mooring and Passage permits in 2013 for boats to navigate on the Grand and Royal Canals. In addition, 151 Extended Mooring Permits have been issued to boat owners wishing to occupy dedicated berths on these navigations.
The proposed bye-laws will also modernise the charging regime. There will also be further provision for the care, management, maintenance and control and the regulation of the use of the canals, moorings on the canals, and their use by the public for recreation and navigation purposes.
I am aware of and appreciate that concerns have been raised regarding the proposed by-laws. Waterways Ireland has undertaken a public consultation on the proposed bye laws. This commenced on 6 January 2014 and closed this week, at 3 p.m. Monday, 3 February. The consultation timeframe provided the opportunity to anyone with concerns to submit views. Following its completion, Waterways Ireland will consider all written responses and will then finalise its proposed approach.
The amendments to the canal bye-laws will have no implications on the fisheries industry.
