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Tuesday, 4 Mar 2014

Written Answers Nos. 149-166

IDA Supports

Questions (149)

Barry Cowen

Question:

149. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation if the Industrial Development Agency have acted to improve their commitment to the County Offaly region including the Edenderry area which can take specific advantage of their accessibility to Dublin and the eastern region with the new Edenderry/Enfield Link Road. [10904/14]

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Written answers

The IDA Ireland Strategy for the period 2010 to 2014, “Horizon 2020”, set an ambitious regional economic development target of 50% of investments in regions outside Dublin and Cork and this has proven to be a challenge. There are many complex factors influencing investor location decision-making such as the increasing preference of investors globally for cities of scale with 1 million plus population, significant challenges from lower cost locations in the UK and Eastern Europe and attractive regional aid.

Offaly, together with Laois, Longford, Westmeath and Roscommon forms IDA’s Midland Region. The location of emphasis for IDA Ireland in the Midlands Region is the linked Gateway of Tullamore, Athlone and Mullingar, which IDA actively promotes to potential investors through its network of overseas offices.

In County Offaly there are 11 IDA supported companies employing approximately 845 people, while in the region as a whole there are 43 IDA client companies employing 4,812 people. IDA Ireland engages with these companies on an ongoing basis to encourage operational stability, job retention and in certain cases expansion.

In marketing the Midlands for new foreign direct investment, IDA Ireland is focused on attracting overseas companies in the Medical Technologies, Life Sciences and International Business sectors. IDA Ireland also works closely with third level educational institutions in the region so that the skill-sets necessary to attract high value added employment to the county are being developed.

I am glad to say that during 2013 the Succeed in Ireland initiative announced a 50 person project for the Magni Group to be located in Portarlington.

IDA Ireland has also invested significantly in the development of property solutions in the Midlands Region that can meet the requirements of new and existing FDI clients. IDA Ireland will continue to market the available lands and buildings in the Midlands Gateway. In respect of Co. Offaly, IDA has a fully serviced Business Park in Srah, Tullamore with a number of green field sites available for projects.

I am concerned at the lack of investment in certain regional locations and I have, accordingly requested IDA Ireland and Enterprise Ireland to work with my Department so that we can explore what further initiatives we can take to ensure we have a better approach to enterprise development in regional locations. This exercise will complement the in-depth analysis of our FDI strategy which is currently being undertaken. This analysis, will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI, the changes to the EU’s State Aid rules that will be introduced in 2014 and our approach to regional development will inform the formulation of an appropriate FDI strategy from 2015 onwards.

Enterprise Support Schemes

Questions (150, 151)

Tony McLoughlin

Question:

150. Deputy Tony McLoughlin asked the Minister for Jobs, Enterprise and Innovation the proposals or consideration he is giving to community owned enterprise units specifically as part of the Enterprise Ireland strategy in the future; if he is considering a capital refurbishment fund to ensure such community enterprise units can be upgraded or developed to meet new client needs. [10906/14]

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Tony McLoughlin

Question:

151. Deputy Tony McLoughlin asked the Minister for Jobs, Enterprise and Innovation if consideration will be given to the appointment of one member of the National Association of Community Owned Enterprise Centres to the board of the local enterprise office attached to each local authority. [10907/14]

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Written answers

I propose to take Questions Nos. 150 and 151 together.

I have been informed by Enterprise Ireland that since the launch of the first Community Enterprise Centre scheme in 1989, €61.4 million has been approved by Enterprise Ireland for the development of Community Enterprise Centres across the country.

To date there have been four capital schemes and 134 centres have been approved for financial support - of which 120 have been completed. According to a survey of the Community Enterprise Centres commissioned by the National Association of Community Enterprise Centres (NACEC) there were 3712 jobs in 832 enterprises across the 76 centres that responded to the survey.

In January 2012, Enterprise Ireland introduced a €2m fund to support the appointment of 46 Business Development Managers to sustain and scale up tenants and employment numbers within the Community Enterprise Centres that were previously funded by Enterprise Ireland.

As the Deputy will be aware, the Government places strong emphasis on the potential for entrepreneurship and job creation at community and local level. To that end, the Government is bringing about a transformation of the supports and advice available to businesses at local level through the creation of the Local Enterprise Office (LEO) network. The LEOs will operate from within the Local Authorities but funding and policy will be provided by my Department and Enterprise Ireland to ensure consistency with other supports for enterprise. In that regard, I have asked Enterprise Ireland to ensure that the Community Enterprise Centres and each LEO work very closely together.

I understand that Enterprise Ireland is considering its supports for Community Enterprise Centres and in a number of months, I expect them to report back on their preferred approach to supporting these facilities.

The LEOs will replace the existing City and County Enterprise Boards which will be dissolved. An Evaluation and Approvals Committee will be established in each LEO area to assess applications for financial support. This Committee will consist of a Chair (City or County Manager), a representative of Enterprise Ireland, and five local individuals with specific areas of business expertise.

As such, the LEOs will not have a Board but, as said earlier, I do envisage that there will be a high level of co-operation and co-ordination between LEOs and other providers of support to the micro and small business sector, including the National Association of Community Enterprise Centres.

Departmental Agencies Staff Remuneration

Questions (152)

Seán Fleming

Question:

152. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the implications for agencies funded by his Department that fail to comply with consolidated public sector pay scales by continuing to make top-up payments to staff; when he expects this issue to be definitively resolved; and if he will make a statement on the matter. [10918/14]

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Written answers

All agencies under my Department’s remit are subject to the provisions of public sector pay policy and are required to confirm, at regular intervals, their compliance with this policy. The majority of agencies have responded thus far to the latest canvass and all have confirmed that no public servant in their respective agencies is in receipt of any top up payments or remuneration greater than that sanctioned by the Department of Public Expenditure and Reform. I will revert to the Deputy with a comprehensive reply when responses from outstanding agencies have been received.

Humanitarian Assistance Scheme

Questions (153, 194)

Willie O'Dea

Question:

153. Deputy Willie O'Dea asked the Minister for Social Protection when compensation funds will be made available to flood victims in County Limerick; the way in which they must be secured, that is, if an application form is required; from where the form can be obtained; the range of items covered under the compensation, that is, homes, house contents, vehicles and so on; the reason there has been a delay in making this funding available; and if she will make a statement on the matter. [10534/14]

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Derek Nolan

Question:

194. Deputy Derek Nolan asked the Minister for Social Protection the humanitarian supports available from her Department to the victims of the recent floods; the supports available to fishermen affected by the bad weather; the methods used for communicating information on these supports and means for accessing them; and if she will make a statement on the matter. [10722/14]

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Written answers

I propose to take Questions Nos. 153 and 194 together.

The Department of the Environment, Community and Local Government is the lead Department for severe weather emergencies and the Office of Public Works has responsibility for capital flood relief activities. However, the Department of Social Protection (DSP) has an important role to play in assisting households in the immediate aftermath of emergency events such as the recent severe weather conditions under the supplementary welfare allowance scheme (SWA).

A humanitarian assistance scheme was approved by Government in November 2009. The scheme, which is means tested, is available to assist people whose homes are damaged by flooding and who are not in a position to meet costs for essential needs, household items and in some instances structural repair. Motor vehicles are not covered under the scheme. Levels of payment under the scheme depend on the relative severity of damage experienced and the household’s ability to meet these costs ensuring that the funding is appropriately targeted. Humanitarian assistance does not cover risks that are covered by insurance policies or cover business or commercial losses.

Guidelines have been provided to officers responsible for administering the humanitarian assistance scheme as to what type of goods and appliances are generally covered by the scheme and what replacement value should typically be attributable to each item, as set out in the tabular statement below. This list is not exhaustive and is intended as a guide only.

In dealing with events of this nature the DSP generally adopts a three stage approach as follows:

- Stage 1 is to provide emergency income support payments for food, clothing, personal items and temporary accommodation in the immediate aftermath of the event. A relatively small amount of financial assistance is generally provided initially but this will increase as the extent of the problems become clearer. Payments are made immediately mainly in respect of food, clothing, toiletries and accommodation.

- Stage 2 generally involves the replacement of white goods, basic furniture items and other essential household items. It is not until the flood water abates and houses dry out that the full extent of the damage to homes will become known. Payments under this phase are normally processed within 2 to 3 working days of the receipt of a valid application and supporting documentation. In Limerick, payments are currently issuing under this phase in respect of white goods, furniture, etc. with payments ranging from €2,000 to €4,000.

- Stage 3 is to identify what longer term financial support or works are required. It could take several months before this stage of response commences and this involves a cross Departmental/Agency response. The type of work carried out can include plastering, dry-lining, relaying of floors, electrical re-wiring, painting etc. Payments under this phase will generally take longer to process as homeowners establish the cost of repair by securing builders’ estimates and the extent of the loss is verified, usually by a loss assessor, in cases where significant amounts are claimed.

To date, over €213,000 in respect of over 370 applications has been paid under the humanitarian assistance scheme to people in Co. Limerick.

Department officials are liaising with local authorities and other agencies to ensure supports are provided to those affected by the recent flooding as swiftly as possible. Emergency clinics and on-call services have been established in a number of affected areas and officials have made home visits to persons identified as requiring this level of support. The Department has utilised social media, namely Twitter, to further publicise the humanitarian assistance scheme. The network of Citizens Information Centres (CICs), which operate from 268 locations nationwide, provide support in publicising DSP supports, ensuring that the public have access to information and advice on the scheme, and also assistance in the completion of application forms.

Applications for funding under the humanitarian assistance scheme are available, along with further detail on the scheme, on the Department’s website at http://www.welfare.ie/en/Pages/Humanitarian-Assistance-Scheme.aspx. Application forms are also available at local offices responsible for administering SWA and through the network of CICs.

In relation to supports for fishermen, in many instances persons operating fishing vessels will be self-employed workers. Self-employed workers can apply for the means-tested jobseeker’s allowance if their business ceases or if they are on low income as a result of a downturn in levels of work. To qualify for jobseeker’s allowance, a self-employed person must satisfy all of the scheme conditions, including the requirement to be available for and genuinely seeking full-time work. In general, the means applying to their claim will take account of the level of earnings in the last twelve months in determining their expected income for the following year and account is taken of any exceptional circumstances, such as damage to lobster pots etc caused by the recent bad weather, so as to ensure that the assessment accurately reflects the current situation.

Where persons, being employees on fishing vessels as opposed to self-employed workers, suffer losses of employment they may claim jobseeker’s benefit or allowance subject to normal scheme criteria, which includes being available for and genuinely seeking full-time work.

In addition, persons who have no income may be entitled to a basic weekly SWA payment, for example, while they are awaiting the outcome of a claim or an appeal for a primary social welfare payment, subject to meeting certain criteria of the SWA scheme.

Any person who is experiencing hardship as a result of the recent weather events should contact the Department’s local representative administering SWA who may be able to offer assistance.

Tabular Statement - Humanitarian Assistance Essential Goods Guideline

Household Item

Recommended Amount Payable

Household Item

Recommended Amount Payable

Kitchen

Miscellaneous Items

Cooker: Electric

 €310

Cutlery Set

 €25

Cooker: Gas

 €310

Crockery Set 4/Crockery Set 6

 €25/€35

Fridge: Single

 €140

Electric Iron

 €25

Fridge/Freezer

 €250

Electric Kettle

 €25

Kitchen Chair

 €40

Frying Pan

 €13

Kitchen Table

 €120

Ironing Board

 €20

Microwave

 €80

Mop and Handle

 €15

Table & 4 Chairs

 €260

Saucepan Set

 €36

Table & 6 Chairs

 €360

Sweeping Brush

 €15

Tumble Drier

 €200

Tea Pot

 €11

Washing Machine

 €250

Tea Set

 €40

Toaster

 €20

Towels

 €22

Sitting Room

Coffee Table

 €60

Clothing

Rug

 €50

Coat/Jacket

 €40

Suite of Furniture

 €700

Dressing Gown (Adult/Child)

 €15

Jeans/Trousers/Skirt

 €20

Bedroom

Jumper

 €25

Beds (inc Mattress): Bunks

 €250

Night Dress (Adult/Child)

 €10

Beds (inc Mattress): Cots

 €100

Pyjamas (Adult)

 €12

Beds (inc Mattress): Double

 €180

Pyjamas (Child)

 €8

Beds (inc Mattress): Single

 €120

Runners /Shoes

 €30

Cot Bedding

 €30

Shirt

 €15

Drawer Chest (3)

 €90

Slippers (Adult)

 € 8

Drawer Chest (6)

 €100

Slippers (Child)

 €5

Duvet - Double

 €30

Socks/Underwear (Adult)

 €20

Duvet - Single

 €25

Socks/Underwear (Child)

 €10

Duvet Cover - double inc. pc.

 €20

Duvet Cover - single inc. pc.

 €15

General House Items

Locker

 €50

Buggy (Double)

 €150

Mattress Cot

 €50

Buggy/Pram

 €100

Mattress Double

 €110

Curtain: Living Room

 €75

Mattress Single

 €60

Curtains: Bedroom

 €50

Pillows

 €5

Curtains : Sliding Doors

 €90

Sheets - double

 €15

Electric Oil Heater

 €80

Sheets - single

 €12

Fire Guard

 €40

Two pillow case

 €5

Floor Covering per m: Bedroom

 €10

Wardrobe 2 Door

 €150

Floor Covering per m : Kitchen Area

 €10

Wardrobe 3 Door

 €230

Floor Covering per m : Living Area

 €10

Hoover

 €100

Smoke Alarm

 €10

Stair Gate

 €40

General Register Office

Questions (154)

Michael McGrath

Question:

154. Deputy Michael McGrath asked the Minister for Social Protection the reason the General Register Office at the Irish Life Centre, Dublin, is being relocated; and if she will make a statement on the matter. [10575/14]

View answer

Written answers

The Office of Public Works (OPW) has responsibility for the acquisition and maintenance of office accommodation for the Department of Social Protection. The lease on the accommodation in the Irish Life Mall, where the research rooms were located, ended in August 2013. As part of a cost saving, lease rationalisation programme the OPW decided not to renew the lease. As a result the research rooms were relocated from the Irish Life Mall to Werburgh Street in September 2013.

Customers seeking access to records for genealogical purposes are receiving the same high level of service at the new facilities in Werburgh Street.

Departmental Staff Recruitment

Questions (155)

Clare Daly

Question:

155. Deputy Clare Daly asked the Minister for Social Protection if she will ensure that all social welfare vacancies are filled as a matter of urgency in order to assist in supporting the most vulnerable sections of society [10981/14]

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Written answers

The Department has to operate within an employment control framework (ECF) target, as determined by the Minister for Public Expenditure and Reform. In this context, the staffing needs for all areas within the Department are continuously reviewed. This takes account of workloads, management priorities and the competing demands arising, to ensure that the best use is made of all available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department.

I can assure the Deputy that the Department will continue to provide high quality service and, where necessary, source available staff to fill critical vacancies by way of redeployment, or transfer from within the Department and other Government Departments, within its allowed ECF target.

Question No. 156 withdrawn.

Carer's Benefit Eligibility

Questions (157)

Denis Naughten

Question:

157. Deputy Denis Naughten asked the Minister for Social Protection the reason the medical eligibility for carer's benefit and carer's allowance differs; the reason for same; and if she will make a statement on the matter. [10359/14]

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Written answers

There is no difference in the medical eligibility criteria governing payment of carer’s benefit and carer’s allowance. In respect of both schemes, the person being cared for must be in need of full time care and attention.

Public Sector Staff Redeployment

Questions (158)

Robert Dowds

Question:

158. Deputy Robert Dowds asked the Minister for Social Protection if persons currently on permanent panels of relief porters in county councils will be eligible to apply for service officer posts in her Department, which are to be filled by redeployment. [10368/14]

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Written answers

The Public Service Agreements (PSAs) covering the period 2010-16 (the Croke Park and Haddington Road Agreements) provide for agreed redeployment arrangements to apply in the Civil Service and in other parts of the Public Service. Under these Agreements, redeployment generally takes precedence over all other methods of filling a vacancy. It facilitates the movement of staff both within and across sectors as a result of the rationalisation, reconfiguration or restructuring of public service bodies or where activities have assumed lesser priority arising from changing business needs.

Redeployment for the civil service and non-commercial semi state bodies is operated by the Public Appointments Service (PAS), which also arranges for cross-sectoral assignments to be made, where necessary. It is a matter for individual organisations to notify the PAS of the details of staff to be placed on the panel. A Redeployment Toolkit setting out the background and full details on the processes involved has been agreed with the staff unions and is available at http://hr.per.gov.ie/redeployment/.

The agreed arrangements for the redeployment staff within the Health, Education, and Local Government sectors are managed directly by those sectors. Where an organisation in another sector has verified to the PAS that its sectoral opportunities have been fully explored and that cross-sectoral redeployment is essential to allow for the placement of its staff, they may notify the PAS of the details of the staff it wishes placed on the Resource Panel. Assignments by the PAS are made on the basis of best fit for the post. The PAS consider a broad range of factors when matching those available on the Resource Panel with an available vacancy and before reassigning a person permanently to another employer/sector, including: pay; ability to discharge the duties of the new post; suitability; basis of assignment; tenure; nature of the post, and policies of the Minister for Public Expenditure and Reform in relation to mobility and redeployment.

Jobseeker's Allowance Eligibility

Questions (159)

Terence Flanagan

Question:

159. Deputy Terence Flanagan asked the Minister for Social Protection if part-time workers are entitled to the full rate of jobseeker's allowance if they lose their job; and if she will make a statement on the matter. [10370/14]

View answer

Written answers

In order to qualify for a jobseeker’s payment, an unemployed person or part-time worker must, in the case of jobseeker’s benefit, have sufficient PRSI contributions and have lost at least one day of employment or, in the case of jobseeker’s allowance, satisfy a means assessment. In addition, both schemes apply only where a person is employed for no more than three in a period of any seven consecutive days, is available for full-time employment and is genuinely seeking such work. Customers are obliged to demonstrate on an on-going basis that they satisfy all relevant conditions.

In relation to the means tested jobseeker’s allowance scheme, all means are taken into account. In particular, a part-time or casual worker who is employed for three days or less in any week receives the appropriate weekly rate of the allowance which is net of means assessed from other sources, less an amount deducted for each day of employment. The amount to be deducted is calculated as a proportion of the customer’s average daily earnings from employment and will, therefore, vary from person to person.

Customers are advised to apply for a jobseeker’s payment at their social welfare local office/Intreo office in order to ensure that their entitlement can be fully examined and that they receive a formal decision on their claim including, where applicable, an explanation of the way in which the means have been assessed.

Rent Supplement Scheme Eligibility

Questions (160)

Bernard Durkan

Question:

160. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will indicate eligibility for rent allowance in the case of a person (details supplied) in Dublin 6; and if she will make a statement on the matter. [10372/14]

View answer

Written answers

The person concerned is eligible for and has been in receipt of rent supplement since January 1999. His rent is within the allowable rent limit for a single person living in self-contained private rented accommodation and he is receiving the correct amount payable to him.

Social Welfare Code

Questions (161)

Bernard Durkan

Question:

161. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will clarify what is accepted as sufficient evidence in order to prove a child satisfies the definition of an orphan pursuant to section 2(1) of the Social Welfare Consolidation Act 2005; and if she will make a statement on the matter. [10375/14]

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Written answers

Under the Social Welfare code an orphan is defined as a child, both of whose parents are dead, or a child whose parent or parents have abandoned and failed to provide for them. A child who is residing with a parent, adoptive parent or step-parent is not regarded as an orphan. In cases where both parents of a child are dead, and an application is made for guardian’s payment, the death certificates of both parents have to be examined. In other cases, where one or both of the child’s parents are still alive, a Deciding Officer will thoroughly consider all the evidence available and assess the relationship between the parent(s) and the child concerned in order to establish whether the child in question has been abandoned by their parent(s).

While a decision is made based on the evidence available in each individual case, typically the evidence considered by a Deciding Officer will include:

- reports from social welfare inspectors;

- reports from social workers employed by the Health Service Executive;

- statements made by the parent or parents of the child;

- statements made by the person caring for the child or any other parties involved in the overall welfare of the child.

Once a decision is made on a guardians application, the claimant is notified of the outcome. If the claimant is not satisfied with the decision of the Deciding Officer, it is open to them to appeal that decision to the Social Welfare Appeals Office, within 21 days, and their appeal will be considered by an independent Appeals Officer.

Rent Supplement Scheme Payments

Questions (162)

Simon Harris

Question:

162. Deputy Simon Harris asked the Minister for Social Protection if consideration will be given to increasing the rent allowance in an area (details supplied) in County Wicklow; and if she will make a statement on the matter. [10377/14]

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Written answers

The purpose of the rent supplement scheme is to provide short-term income support to assist with reasonable accommodation costs of eligible people living in private rented accommodation who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from another source. There are currently approximately 78,000 rent supplement recipients for which the Government has provided over €344 million for 2014.

Following an extensive review of the private rental market revised maximum rent limits were introduced from Monday 17 June 2013 until 31 December 2014. The purpose of the review is to ensure availability of accommodation for rent supplement tenancies and not to provide access to all housing in all areas while ensuring that maximum value for money is achieved.

Despite the overall pressures on the Social Protection budget, there have been increases in the rent limits in Dublin, Galway, North Kildare and Bray areas. Analysis also shows that there are properties available in County Wicklow within the maximum rent limits with approximately 2,350 rent supplement tenancies in place. A search of a leading property website shows that there are no available properties to rent in the Kilcoole area. Department officials dealing with rent supplement tenants continue to make every effort to ensure that their accommodation needs are met.

Mortgage Interest Supplement Scheme Appeals

Questions (163)

Sandra McLellan

Question:

163. Deputy Sandra McLellan asked the Minister for Social Protection the length of time appeals for mortgage interest supplement are currently taking; and if she will make a statement on the matter. [10378/14]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that, as statistics in respect of processing times for mortgage interest supplement as a subset of supplementary welfare allowance appeals are not maintained separately in that office, the information requested by the Deputy is regrettably not available. I am advised however, that the average time taken to process supplementary welfare allowance appeals which are determined by way of a summary decision is currently 14.0 weeks and 20.3 weeks where an oral hearing is required.

Appeal processing times are calculated from the registration date of the appeal to the date of its finalisation. They include all activities during this period including time spent awaiting any clarification from the appellant, time in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant, and any further investigation, examination or assessment that is deemed necessary.

A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process. While this process carries an inherent delay in terms of finalising an appeal, it also crystalises the flexibility and accessibility of the appeals system.

The Social Welfare Appeals Office operates 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 Schemes

Questions (164)

Luke 'Ming' Flanagan

Question:

164. Deputy Luke 'Ming' Flanagan asked the Minister for Social Protection the reason Boyle social welfare office directed many claimants there to take a training course with a Ballina, County Mayo based training company for the installation of water meters, when Irish Water will not recognise that training; and if she will make a statement on the matter. [10410/14]

View answer

Written answers

There is no record of the Social Welfare Branch Office in Boyle or the Activation Unit in Roscommon Control office referring customers to the training course mentioned. If the deputy wishes to provide details of the referral, the matter will be examined and he will be notified of the outcome.

Social Welfare Overpayments

Questions (165)

Aengus Ó Snodaigh

Question:

165. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will arrange for research to be conducted assessing the impact on persons and families of deducting 5%, 10% and 15% respectively of their personal weekly rates in order to ascertain whether excessive hardship is being caused by the recent policy change allowing for deductions of up to 15% without consent. [10433/14]

View answer

Written answers

People who have incurred an overpayment from the Department of Social Protection have a liability under law to refund the amounts involved - Section 338 of the Social Welfare (Consolidation) Act, 2005 (as amended) refers. They have received monies to which they were not entitled and the Department has a responsibility to ensure that all overpayments are repaid in full. Interest or penalties on the amounts owing is not applied.

Effective debt recovery is seen as an integral part of the deterrent to fraudulent claiming. A debt will remain on the record of an individual until fully recovered and will result in a reduction of all future entitlements up to, and including, state pension. Following the death of a customer who owes a debt, the Department will have a claim on any estate remaining.

As the Deputy is aware, the Social Welfare Act 2012 introduced a provision allowing for a deduction of an amount up to 15% of the weekly personal rate payable to a person for the purposes of the recovery of an overpayment without the person’s consent. The deduction applies to the person’s personal rate only, and does not affect payment of any adult or child dependent allowances, or any other allowances that are in payment.

A deduction of 15% from a person’s personal rate of payment allows them to retain 85% of that payment. The person concerned is offered the opportunity to give his/her views on the proposed deduction. Any views offered by the person will be considered before deductions are made from a social welfare payment. In the circumstances where the person has been in receipt of money to which they were not entitled, this is considered to be reasonable. The Department has no plans to carry out research along the lines suggested by the Deputy.

Question No. 166 withdrawn.
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