Written Answers Nos. 350-366
350. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a decision on a invalidity pension application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [19045/14]
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.
352. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a long-standing disability allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [19054/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 13th March 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 on the 7th April 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.
353. Deputy Pat Breen asked the Minister for Social Protection when a file will be forwarded to the appeals office in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [19085/14]
View answerAn application for domiciliary care allowance was received from the person concerned on the 14th August 2013. The application was disallowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 6th November 2013 advising of the decision.
The person concerned subsequently requested a review of that decision. The case was reviewed by a deciding officer on the 24th February 2014. The deciding officer considered that a revision of the original decision was not warranted having examined all the information supplied and the opinions of the medical assessor’s. A letter issued on the 25th February 2014 advising of the decision.
An appeal was subsequently lodged against the decision. As part of the appeal process, the application including any new information supplied has been forwarded for further consideration by one of the Department’s Medical Assessors.
Upon receipt of the Medical Assessor’s opinion, the case will be further examined and a revised decision will be made if warranted or the case will be forwarded for consideration by the Appeals Office.
354. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [19097/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17th April 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 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.
356. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding facilitating volunteering (details supplied); and if she will make a statement on the matter. [19134/14]
View answerWhile the Deputy has not referred to jobseekers specifically, I will respond to his question in the context of people who are in receipt of a jobseeker’s payment.
I am deeply conscious of the long and valuable tradition of volunteering in this country and I am committed to ensuring that this continues to thrive. To facilitate the commitment to the voluntary community, the Department operates a Voluntary Work Option for customers on the jobseeker schemes. Under these arrangements, a jobseeker 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.
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. Voluntary groups may be locally or nationally organised and may include community groups.
Details of the Voluntary Work Option arrangements are published on the Department’s website www.welfare/.ie and in order to promote the availability of this option, all staff involved in the administration of the jobseeker schemes have been reminded of these arrangements and of the procedures under which they operate.
Any jobseeker customer wishing to engage in voluntary work while seeking employment should first notify their Intreo/local office.
Details of the Voluntary Work Option are also published on the Volunteer Ireland website.
357. Deputy Patrick O'Donovan asked the Minister for Social Protection her plans to address the issue of persons in the black economy undermining legitimate self-employed businesses; and if she will make a statement on the matter. [19170/14]
View answerA key priority for Government is to ensure that fraudulent activity within the social welfare system is vigorously prevented and combatted. A key element of this is the active policing of the shadow/hidden economy sector where there is a prevalence of social welfare fraud and tax non-compliance. This is as much about ensuring a level playing field for compliant businesses and taxpayers as it is about combating social welfare fraud.
The new Compliance and Anti-Fraud Strategy 2014 – 2018, which I launched last week, builds on the approach and progress made under the Fraud Initiative (2011 – 2013). The new Strategy contains a number of measures – some new and some of which are building on approaches that have been successfully rolled out over the past couple of years.
In conjunction with other agencies and, in particular, with Revenue, the Department tackles shadow/hidden economy working by a combination of joint intelligence collation, assurance checks and outdoor operations, including inspections and direct investigations.
Joint Investigation Units (JIUs) have been established between the Department and Revenue. These units play a key role in targeting particular types of shadow/hidden economy activity and workers in the employed sectors, including construction. Work carried out by the JIUs includes monitoring and compliance activity associated with sectors where tax compliance and social welfare fraud and abuse are common.
In addition, the Department participates on the Hidden Economy Monitoring Group with Revenue, employer and union representative bodies. This Group provides a formal structure to monitor developments, share experiences and make proposals for combating the shadow/hidden economy. The Department also engages and meets with business and industry representatives. Increasingly, the Department is finding that bodies and individuals are prepared to share insights and specific information with us with regard to shadow/hidden economy activity. Representative bodies are increasingly conscious of the fact that their members are not operating on a level playing field with shadow economy operators who are gaining an unfair competitive advantage.
The approach taken by the Department is frequently reviewed and is regularly adjusted to concentrate on the areas of greatest risk, based on its operational experience and credible information received from industry and business sectors.
358. Deputy Brendan Ryan asked the Minister for Social Protection if there is a policy within the community welfare section of her Department that applicants for rent allowance must have been assessed as eligible for social housing by the local authority for the area in which they are applying, as opposed to another local authority, if so, the reason this is the case and the reason an assessment from a local authority using the same maximum income threshold cannot be accepted; and if she will make a statement on the matter. [19195/14]
View answerThe 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.
To qualify for rent supplement a claimant must:
- have been residing in private rented accommodation (where at the commencement of the tenancy the person could have reasonably afforded the rent and has experienced a substantial change in his or her circumstances where they are now unable to pay the rent) or accommodation for homeless persons or in an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement,
or
- assessed by a housing authority pursuant to section 9 of the Housing Act 1988 (as amended by section 75 of the Health Act 2004) as having a housing need.
It is the Department’s policy that an assessment of eligibility for social housing support should be carried out by the relevant local housing authority in the area where a claim to rent supplement is made and the person intends to reside. This ensures that the relevant local authorities are made aware of and can take responsibility for the long-term housing needs of rent supplement tenants living within their administrative area. This reflects both the responsibility of local authorities in providing long-term housing supports and the temporary income support nature of rent supplement. Without this measure rent supplement recipients would be unknown to their respective local authority, where they currently reside, with the potential that they may lose out on an offer for social housing.
The Department’s strategic policy direction is to transfer responsibility for recipients of rent supplement with a long-term housing need to local authorities under the Housing Assistance Payment (HAP). Officials are working closely with those in the lead Department of Environment, Community and Local Government, in piloting HAP in Limerick with further roll out to selected local authorities during the year.
359. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will arrange an appointment in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19203/14]
View answerWhile there is no record that the person concerned has contacted the community welfare service, a community welfare officer will endeavour to make contact with him on his mobile phone as a matter of urgency.
360. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 97 of 27 March 2014, if she will accept a late appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19204/14]
View answerFurther to my response to PQ 14496/14 on 27th March 2014, I am advised by the Social Welfare Appeals Office that there is no change to the information previously given in this case.
The Social Welfare Appeals Office have no trace of any appeal from the person concerned and, despite an extensive search of its records, there is no evidence of any communication relating to an appeal having issued to the person concerned at either of the addresses mentioned by the Deputy.
If the Deputy can provide any evidence relating to the correspondence from the appeals office, which he states was sent to the wrong address, the matter will be investigated further.
As previously advised to the Deputy (replies to representations on 05th & 19th February 2014 refer) it is open to the person concerned to make a new application for disability allowance to the Department and to have the matter determined afresh in light of any changed circumstances.
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.
362. Deputy Dan Neville asked the Minister for Social Protection the position regarding domiciliary care allowance in respect of a person (details supplied) in County Limerick. [19240/14]
View answerAn application for domiciliary care allowance (DCA) was received from the person concerned on the 27th March 2014. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Upon receipt of this opinion, a decision will be made and notified to the person concerned. It can currently take up to 10 weeks to process an application for DCA.
363. Deputy Willie O'Dea asked the Minister for Social Protection the number of persons aged 62 and over currently on the live register who are exempt from activation measures; and if she will make a statement on the matter. [19301/14]
View answerThe total number of persons aged 62 and over currently on the live register is 16,776 at the end of March. A breakdown of this figure is detailed in the following tabular statement.
Number of persons aged 62 and over on the live register at the end of March
|
Age |
Jobseeker’s Allowance |
Jobseeker’s Benefit |
Credits Only |
Total |
|
62 |
2,657 |
689 |
2,482 |
5,828 |
|
63 |
2,528 |
639 |
2,442 |
5,609 |
|
64 |
2,285 |
579 |
2,475 |
5,339 |
|
Total: |
7,470 |
1,907 |
7,399 |
16,776 |
364. Deputy Willie O'Dea asked the Minister for Social Protection the implications for persons who take time out of the workforce to undertake caring duties of the plan to move to a total-contributions approach to pension qualification from the current average contributions test for State pension, contributory, by 2020; and if she will make a statement on the matter. [19302/14]
View answerThe rate of State pension (contributory) a person qualifies for on reaching the age of 66 depends upon, among other conditions, the average number of contributions paid or credited each year, from the time they enter insurable employment.
The homemaker’s scheme was introduced in 1994 to make qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age or incapacitated people to be disregarded when a person’s social insurance record is being averaged for pension purposes.
To be eligible for the homemaker’s scheme, a person must:
- Permanently live in the State (exception may be made where EU regulations apply),
- Be aged under 66,
- Have started insurable employment or self-employment before the age of 56,
- Not work full-time, although for the purposes of this scheme, a person can work and earn less than €38 gross per week,
- Care for a child (under 12) or an incapacitated person on a full-time basis.
The scheme allows up to 20 years spent caring for children under 12 years of age, and/or an incapacitated person, to be disregarded when a person’s social insurance record is being averaged for pension purposes.
However, it is important to note that the scheme will not, of itself, qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance ten years before pension age, pay a minimum of 520 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied. For those who do not satisfy these conditions, and have an income need, a means-tested State pension may be available.
Under the pension reform programme, it is planned to adopt a total contributions approach where the number of contributions paid over a work life will closely reflect the rate of payment received. This approach was endorsed by the OECD Review of the Irish Pension System, which was published in April 2013. It has been planned to introduce this change in 2020, although this date may change.
There are a number of issues which will be considered before the total contributions approach is introduced, and the issue of workers, mostly women, who spend a number of years out of the labour market caring for children and/or incapacitated people is one which will be addressed in the context of this reform.
365. Deputy Willie O'Dea asked the Minister for Social Protection the number of persons on jobseeker's allowance who have had their allowance reduced as a result of penalties imposed by her Department; if she will provide a breakdown of the numbers by the reasons for these penalties imposed; the total savings from penalty measures; the average length of the sanctions imposed; and if she will make a statement on the matter. [19303/14]
View answerIn order to qualify for a Jobseeker payment, a person must meet certain conditions, including the requirement to be available for, capable of and genuinely seeking full-time work. A range of sanctions, including disqualification, closure or disallowance of the jobseeker’s claim, may be imposed where a client fails to meet the stated conditions. A jobseeker’s claim may be reviewed at any time in order to establish a person’s continued entitlement.
Additionally, in relation to activation, legislation provides that further sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer where clients fail, without good cause, to comply with activation measures. Activation measures include the requirement to attend group or individual meetings, and/or avail of suitable education, training or development opportunities, or specified employment programmes, which are considered appropriate to a person’s circumstances.
Total numbers of reduced rates applied, since their introduction in Q2 2011, are as follows:
|
Year |
Number Applied |
|
2011 |
359 |
|
2012 |
1,519 |
|
2013 |
3,395 |
|
2014 (to end March) |
1,113 |
Departmental savings result from control activity where a claim is reduced or terminated as a result of unreported customer error or fraud. The saving is the future amount of money estimated to be saved by the Department on a claim in payment. The primary aim of penalty rate sanctions is to achieve engagement and co-operation by jobseekers with the Department in its efforts to provide interventions and opportunities to the individual to reconnect them with the labour market. As such, their purpose is to act initially as a deterrent to non-compliance with activation measures and then as a means to increase compliance.
Penalty rate sanctions are imposed for varying durations, determined by the circumstances and activities of individual jobseekers, and normal payment is reinstated following compliance with activation measures.
366. Deputy Willie O'Dea asked the Minister for Social Protection the reason she is not prepared to implement the LCR 19293 for the provision of a pension for community employment supervisors; if she will provide funding for same to allow them work to the age of 70 if they so wish; and if she will make a statement on the matter. [19368/14]
View answerThe Labour Court recommended in July 2008 (LCR19293) that an agreed pension scheme should be introduced for Community Employment (CE) scheme supervisors and assistant supervisors and that such a scheme should be adequately funded by FÁS. Notwithstanding the position of this Department (which now has responsibility for CE) in rejecting that liability for these costs to be met from public funds, this matter has been the subject of discussions with the Department of Public Expenditure and Reform and the unions representing CE supervisors.
Given the level of funding that would be required from this Department, the implementation of the claim is not considered sustainable in light of the current and ongoing fiscal environment and the requirement to contain and reduce public expenditure. The costs of the introduction of any scheme are likely to be of the order of €3m per annum with retrospective costs of the order of at least €30m.
It should also be noted that this Department is not the employer of CE supervisors and such employees are not public servants. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.
The Department provides funding up to a maximum age at which a person becomes eligible for the State Pension. No CE participant or CE supervisor can be funded by the Department beyond that age.
