Written Answers Nos. 167-184
167. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a decision on a domiciliary care allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [10458/14]
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.
168. Deputy Michael Ring asked the Minister for Social Protection the reason a person (details supplied) in County Mayo has still not received a decision regarding a means test; and if she will make a statement on the matter. [10483/14]
View answerThe application for the person concerned is currently with a social welfare inspector, who has requested from the person an up to date bank statement. When this is received the inspector will be in a position to complete his report and a decision will be made by the deciding officer on receipt of the inspector’s report.
169. Deputy Gerry Adams asked the Minister for Social Protection the criteria that must be met by applicants wishing to participate in community employment schemes; if there are any options to grant discretionary places to persons who do not meet the criteria yet would stand to benefit from the experience gained under a CE scheme with regard to pursuing further education within chosen fields; and if she will make a statement on the matter. [10484/14]
View answerThe basic criteria that must be met by applicants wishing to participate in Community Employment (CE) schemes for one year are set out as follows:
A person must be 25 years of age and over and currently in receipt of any combination of the following social welfare payments for 12 continuous months or more: - Jobseekers Benefit (JB);- Jobseekers Allowance (JA); - One Parent Family Payment (OFP);- Widow/ers Contributory or Non Contributory Pension;- Deserted Wife’s Benefit;- Farm Assist.
Time spent in receipt of Basic Supplementary Welfare Allowance or Carer’s Allowance can also count towards the CE qualifying period, but the recipient must have transferred to one of the above CE-qualifying payments (i.e. JB, JA or OFP).
Persons aged 18 or over who are currently in receipt (1 week plus) of any of the following payments are also eligible for CE:- Disability Allowance;- Blind Pension;- Invalidity Pension;- Illness Benefit (minimum of 6 months in receipt)
There is also provision for Travellers, refugees, offshore islanders, ex-offenders and stabilised drug-misusers referred via the National Rehabilitation Framework protocols. Time spent in prison or on recognised training courses can also count towards eligibility.
There is no option to grant discretionary places to persons who do not meet the stated eligibility criteria.
Persons who do not currently qualify for CE may, however, be eligible for participation on other programmes or courses. Such persons are advised to contact their local Intreo Office or DSP Employment Services Office where a Case Officer will be happy to discuss the employment and training options that are open to them.
170. Deputy Jack Wall asked the Minister for Social Protection the position regarding a carer's allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [10503/14]
View answerThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.
Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.
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.
171. Deputy Gerry Adams asked the Minister for Social Protection the current waiting times experienced by applicants for carer's allowance, disability allowance, and illness benefit; if her attention has been drawn to the considerable delays that applicants are experiencing when applying for these; if there are any proposals to assess staffing levels or medical assessors in order to expedite the processing of applications; and if she will make a statement on the matter. [10507/14]
View answerThe Department is committed to delivering the best possible service to its customers and works to ensure that claims and appeals are processed in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme.
There are no backlogs in new applications for invalidity pension, carer’s allowance and disability allowance with all claims actioned promptly upon receipt. At the end of January 2014 there were 1,841 pending applications for invalidity pension, 2,621 for carer’s allowance, which are within our tolerance levels and 4,472 for disability allowance which is slightly above. All of these cases are actioned and awaiting further information. Furthermore, invalidity pension applications are now decided on average within 8 weeks, carer's allowance within 10 weeks, while disability allowance applications are now decided on average within 10 weeks. It should be noted that the processing time for individual applications can vary depending on the complexity of the applicant's circumstances and the completeness of the information they provide in support.
As a consequence of the very high number of decisions made in the last year, there has been a corresponding substantial increase in the number of appeals being received. This had put pressure on the administration of appeals and resulted in some delays which are regrettable. Greater emphasis has been placed on ensuring that all appeals are processed in a timely manner and improvements in the time taken to process appeals continues to be made. However because of its quasi-judicial nature the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.
172. Deputy Gerry Adams asked the Minister for Social Protection if she will outline the remit of the community welfare officers with regard to persons currently in receipt of supplementary welfare allowance-rent allowance who are making personal contributions above the recommended limits for rental of properties; if her attention has been drawn to the fact that persons who are in receipt of SWA are often struggling to meet their rent because they are being forced to make personal contributions above the guidelines; if she will clarify the Department's guidelines that exist in a situation where a person wishes to notify a community welfare officer that they are making a personal contribution in excess of the guidelines; the protections that exist to ensure that the person will be assisted in maintaining their current rentals; whether or not the community welfare officer may increase SWA limits to assist the person; and if she will make a statement on the matter. [10508/14]
View answerThere 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 and will be in place until 31 December 2014. 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. Special provisions can be made in exceptional circumstances to exceed the rent limits including, for example, people with disabilities who require specially adapted accommodation or homeless persons.
Rent supplement is calculated to ensure that an eligible person, after the payment of rent, has a minimum income equal to the rate of supplementary welfare allowance (SWA) appropriate to their family circumstances, less a minimum weekly contribution of €30 for a single person or €40 for a couple. Where a person has an additional income above the rate of SWA they are, in certain circumstances, required to top up their rent.
The tenant, landlord or landlord’s agent must complete the rent supplement application form declaring that the information provided is accurate. The form clearly states that making a false statement or withholding information may lead to prosecution.
The Department, in June 2012, introduced powers of enquiry for staff to formally request and oblige landlords to provide information in respect of rent supplement tenants, principally to verify the agreed rent and tenancy.
Any instance of false declarations of the amount of rent payable should be reported to the relevant Department representatives who have specific legislative powers to deal with such offences. In such cases the Department’s representative will discuss the circumstances of the case with the tenant before making any decision in relation to ongoing entitlement. Department officials dealing with rent supplement tenants continue to make every effort to ensure that their accommodation needs are met.
174. Deputy James Bannon asked the Minister for Social Protection the reason carer's allowance was only granted for a four and a half week period after the death of a person (details supplied) in County Longford; and if she will make a statement on the matter. [10530/14]
View answerThe Department wishes to convey its sympathy to the family in question on their sad bereavement.
The Department has reviewed this case and I can confirm that the person concerned was entitled to and was paid six weeks payment following the death of the person they were caring for which occurred on 25th December 2013.
The person in question was entitled to payment from the 26th of December 2013 to the 5th of February 2014. However the person concerned also collected payment for the weeks from the 6th and 13th of February 2014 for which there was no entitlement. A letter issued on the 18th February 2014 explaining the situation and giving notice of the overpayment which had occurred and of the Department’s intention to recover the amount owed. If the person in question believes that payment for the weeks in question was not collected by her or on her behalf, she should provide carer’s allowance section with full details of the circumstances and the matter will be investigated. In addition, it is open to the person concerned to appeal the decision to assess an overpayment to the independent Social Welfare Appeals Office.
176. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on a jobseeker's allowance appeal in respect of a person (details provided) in County Cork; and if she will make a statement on the matter. [10538/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15th November 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 20th November 2013 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.
177. Deputy Tom Fleming asked the Minister for Social Protection if she will examine a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [10567/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 25th February 2014. 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 have been received in the Social Welfare Appeals Office 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.
179. Deputy Patrick Nulty asked the Minister for Social Protection if she will examine a case regarding a back to education allowance in respect of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [10574/14]
View answerThe Back to Education Allowance (BTEA) scheme is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling eligible people on social welfare to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held.
The Department’s position is that support for funding towards third level courses should be by way of the normal supports provided under the Back to Education Allowance (BTEA) scheme. This scheme covers full-time courses of education from second level to higher diploma level in any discipline (level 8 in the National Framework of Qualifications ) or to a Professional Diploma in Education (Primary and Secondary Teaching; level 8 ). Other postgraduate qualifications including courses leading to a masters qualification are not included.
There is currently an on-going review of the Back to Education Scheme. This review aims to ensure engagement with customers of working age, who are in receipt of specified social welfare payments, in order to support them and their families in progressing into employment or to another appropriate progression towards that. At present, discussions on the future of the Back to Education Allowance scheme including eligible courses are on-going. This may involve changes to the Back to Education scheme prior to the commencement of the next academic year. Should any changes be made they will be detailed on Department’s website and relevant publications.
180. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter regarding accessibility to social protection offices (details supplied); and if she will make a statement on the matter. [10583/14]
View answerThe Office of Public Works (OPW) has responsibility for the acquisition and maintenance of office accommodation for the Department of Social Protection. The Department works closely with OPW in relation to responsibilities under Section 25 of the Disability Act 2005, which requires that public buildings are compliant with Part M of the Building Regulations (2010).
The OPW is very aware of its responsibilities in relation to Sections 25 and 29 of the Disability Act 2005. My Department works with OPW to ensure that upgrading works (to meet the requirements of Part M (2010)) are integrated into all refurbishment projects, prioritising public buildings where members of the public have access.
Since 2012, the OPW and the Department delivered a programme of projects to deliver 44 new and refurbished INTREO offices, all of which are compliant. During 2014, the Department will continue to work closely with OPW to ensure compliance regarding the programme of future projects to continue the delivery of INTREO offices, eighteen of which are programmed for 2014.
The Department does not provide any service from Clarendon Street. However, we are aware of at least one building which pre-dates the Act, where there is no wheelchair access and assume that this is the building in question which has two external steps with no handrail. All customers are advised in advance of their appointment to contact the Department if they have special needs and, in the case of this specific location, alternative service procedures have been put in place for any members of the public who may experience mobility or building access difficulties.
181. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason for the reduction of 1,000 in the number of persons on community employment between 2008 and 2013. [10584/14]
View answerThe number of places filled on Community Employment as at year-end 2008 was 22,896.
The number of places filled on Community Employment as at year-end 2013 was 23,943.
There was no reduction in CE places and, in fact, there was an increase of 1,047 places.
182. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite an invalidity pension appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [10586/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10th December 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 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.
183. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in determination of an appeal for carer's allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [10590/14]
View answerI am informed by the Social Welfare Appeals Office that, an appeal was registered on 23rd January 2014, and in accordance with the statutory requirements, the Appeals Office has contacted the appellant and asked him to set out the complete grounds of his appeal. On receipt of his response the relevant departmental papers will be requested from the Department of Social Protection and the appeal will then be referred in due course to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
