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Tuesday, 6 May 2014

Written Answers Nos. 254-264

Carer's Allowance Appeals

Questions (254)

Dara Murphy

Question:

254. Deputy Dara Murphy asked the Minister for Social Protection when a decision on a carer's allowance appeal will be made in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [20186/14]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow 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.

Job Assist Scheme Eligibility

Questions (255)

Gerry Adams

Question:

255. Deputy Gerry Adams asked the Minister for Social Protection if her attention has been drawn to situations whereby persons who are unemployed but who are not in receipt of social welfare payments are effectively being excluded from accessing Department schemes and initiatives such as community employment schemes, JobBridge and so on; if she will consider amending the criteria for such schemes to allow those who are unemployed, but not in receipt of social welfare payments to access same; the supports available for persons who are in this situation; and if she will make a statement on the matter. [20199/14]

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Written answers

Given the scale of unemployment levels, the key objective of activation policy and labour market initiatives is to offer assistance to those most in need of support in securing work and achieving financial self-sufficiency. This policy objective prioritises scarce resources to those in receipt of qualifying welfare payments. Accordingly the employment services and schemes provided by the Department are focused in the first instance on this cohort of unemployed people.

A range of services are available to persons who are unemployed but not in receipt of a social welfare payment. For example employment services, such as advice on job-search activities and the use of online job search tools, are available to people if they register with the Department’s employment services offices, regardless of their social welfare status. Further, unemployed persons not in receipt of payments may also be eligible to avail of up-skilling opportunities, for example through ETB (formerly FÁS) training for unemployed people, but are not eligible to receive a training allowance while undertaking the course. The Work Placement Programme is also open to persons not in receipt of a social welfare payment, although the participant will not receive a payment while on the programme.

An unemployed person who does not qualify for a social welfare payment due to the assessment of their means may be eligible to sign for social insurance contribution credits. Persons who sign for credits for three months (78 days) of the last six months are eligible to participate in the JobBridge programme. There are no plans to make changes to these arrangements at present.

Invalidity Pension Appeals

Questions (256)

John O'Mahony

Question:

256. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on an invalidity pension appeal; and if she will make a statement on the matter. [20223/14]

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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 1 May 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.

Questions Nos. 257 to 260, inclusive, withdrawn.

Carer's Allowance Appeals

Questions (261)

Bernard Durkan

Question:

261. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the 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. [20263/14]

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Written answers

I am advised by the Social Welfare Appeals Office that, following the submission of additional evidence, the Appeals Officer dealing with this case decided to set aside his decision of 8 January 2014 to disallow the appeal and the appeal is being re-opened by way of oral hearing. Every effort will be made to hear the case as quickly as possible and the person concerned 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.

Proposed Legislation

Questions (262)

Aengus Ó Snodaigh

Question:

262. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection when the heads of the social welfare and pensions Bill will be published and brought before the joint committee on social protection; the purpose and main provisions of the Bill; and if she will make a statement on the matter. [20270/14]

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Written answers

The main purpose of the Social Welfare and Pensions Bill 2014 is to transpose the provisions of Directive 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, in so far as the Directive relates to ensuring that the spouse or civil partner of a self-employed worker can benefit from social protection in accordance with national law. The deadline for transposing these aspects of this Directive is 5 August 2014. This Bill will also provide for a range of other changes to the social welfare code arising from policy, administrative, operational and control matters. In addition, the Bill may provide for amendments to the Pensions Act 1990 in relation to the regulatory framework for occupational pension schemes.

It is expected that the Social Welfare and Pensions Bill 2014 will be published around the end of May. As the Bill will need to be enacted before the summer recess in order to comply with the 5 August 2014 transposition deadline for Directive 2010/41/EU, it is not intended, given the time available, to refer the Heads of this Bill to the Oireachtas Committee on Education and Social Protection for pre-legislative scrutiny.

Mortgage Interest Supplement Scheme Appeals

Questions (263)

Bernard Durkan

Question:

263. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when mortgage interest relief will be restored in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [20291/14]

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Written answers

The client concerned was in receipt of mortgage interest supplement from June 2009 to January 2014. Following a review in December 2013, the Department became aware that arrears on the mortgage had increased significantly in the previous 14 months. The client was advised to contact her mortgage provider with a view to restructuring her loan and to advise the Department of the outcome and advised that failure to do so may affect future payments. There is no record of any contact from the client to date.

Disability Allowance Applications

Questions (264)

Bernard Durkan

Question:

264. Deputy Bernard J. Durkan asked the Minister for Social Protection when an application for disability allowance will be approved in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20292/14]

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Written answers

The application, based upon the evidence submitted, was refused on medical grounds and the person concerned was notified in writing of this decision on 24 February 2014. The person was advised that he could submit further medical evidence and his application would be reviewed or he could appeal the decision directly to the Social Welfare Appeals Office, within 21 days. I understand neither option has been exercised by the person. It is open to the person in question to re-apply for disability allowance and the application will be examined and decided upon as soon as possible.

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