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Tuesday, 27 May 2014

Written Answers Nos. 366-83

Social Welfare Benefits Eligibility

Questions (366)

Martin Heydon

Question:

366. Deputy Martin Heydon asked the Minister for Social Protection the progress that has been made in improving the social welfare supports for self-employed persons who take the risk to start their own business but are then restricted in benefits that can be claimed; the additional plans her Department has to review the supports available to self-employed persons to encourage persons who may be willing to consider starting their own business to do so; and if she will make a statement on the matter. [22267/14]

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Written answers

Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). Ordinary employees who have access to the full range of social insurance benefits pay Class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. (For employees earning less than €356 per week, the rate of employer’s PRSI is 8.5%).

Self-employed workers may also access social welfare supports by establishing eligibility to assistance-based payments such as jobseeker’s allowance and disability allowance. In the case of jobseeker’s allowance they 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 demand for their services. In assessing means from self-employment, income from the previous twelve months is used as an indicator of likely future earnings. Given the variety of self-employment situations, the means assessment procedures are applied in a flexible manner to ensure that any circumstances that would be likely to lead to a significant variation, either upward or downward, in the level of a person’s income from one year to the next are taken into consideration. It is recognised that the downturn in the economy had an impact on many self-employed persons and the consequent reduction in their income and activity levels. This may be reflected in any assessment of their means from self-employment for jobseeker’s allowance purposes. As in the case of a non-self-employed claimant for jobseeker’s allowance or disability allowance, the means of husband/wife, civil partner or co-habitant will be taken into account in deciding on entitlement to a payment.

In September 2013, I published the report of the Advisory Group on Tax and Social Welfare on Extending Social Insurance Coverage for the self-employed. The Group was asked to examine and report on issues involved in extending social insurance coverage for self-employed people in order to establish whether or not such cover is technically feasible and financially sustainable, with the requirement that any proposals for change must be cost neutral.

The Group found that the current system of means tested jobseeker’s allowance payments adequately provides cover to self-employed people for the risks associated with unemployment. In this context, the Group noted that almost 9 out of every 10 self-employed people who claimed the means tested jobseeker’s allowance during the three-year period from 2009 to 2011 received payment. Consequently, the Group was not convinced that there was a need for the extension of social insurance for the self-employed to provide cover for jobseeker’s benefit.

The Group also found that extending social insurance for the self-employed was warranted in cases related to long term sickness or injuries. To this end, the Group recommended that Class S benefits should be extended to provide cover for people who are permanently incapable of work, because of a long-term illness or incapacity, through the invalidity pension and the partial capacity benefit schemes. The Group further recommended that the extension of social insurance in this regard should be on a compulsory basis and that the rate of contribution for Class S should be increased by at least 1.5 percentage points.

This recommendation will require further consideration in conjunction with the findings of the most recent Actuarial Review of the Social Insurance Fund which indicated that the self-employed achieve better value for money compared to the employed when the comparison includes both employer and employee contributions in respect of the employed person.

My colleagues in Government and I will reflect on the findings of the Advisory Group on this issue and will further consider the recommendations contained in the report taking into account future developments in terms of the budgetary and fiscal situation.

Self-employed people in receipt of jobseeker’s allowance have access to the full range of activation measures available through the State. 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.

However, many services are available to the formerly self-employed who are not in receipt of a social welfare payment.

Some employment services, such as assistance with 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. Unemployed persons, including the previously self-employed, not in receipt of payments may also be eligible to avail of up-skilling opportunities but are not eligible to receive a training allowance while undertaking the course. Springboard courses are open to people who were previously self-employed, regardless of their social welfare status.

Matters in relation to assisting persons in establishing businesses would be for my colleague the Minister for Jobs, Enterprise and Innovation in the first instance. However, I am aware that a range of supports exist to support such enterprise including the back to work enterprise allowance and the short term enterprise allowance offered by this Department and the start your own business scheme of tax relief.

Carer's Allowance Applications

Questions (367)

James Bannon

Question:

367. Deputy James Bannon asked the Minister for Social Protection if she will provide an update on a carer's allowance application in respect of a person (details supplied) in County Longford who is still waiting to receive correspondence on their application. [22274/14]

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Written answers

I confirm that the department received an application for carer's allowance from the person in question on 30 April 2014. Once processed, the person concerned will be notified directly of the outcome.

Child Benefit Eligibility

Questions (368)

Finian McGrath

Question:

368. Deputy Finian McGrath asked the Minister for Social Protection the position regarding child benefit in respect of a person (details supplied) in Dublin 13; and if she will make a statement on the matter. [22284/14]

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Written answers

Child benefit is a monthly payment made to families with children in respect of all qualified children. It is a "universal" payment (not subject to a means test or based on social insurance contributions), paid in respect of qualified children up to the age of 16 years. The payment continues to be paid in respect of children up to their 18th birthday who are in full-time education, or who have a physical or mental disability.

Child benefit is not a taxable payment. Any issue that the person concerned has in relation to taxation of income is a matter that should be taken up with Revenue.

Carer's Allowance Applications

Questions (369)

Bernard Durkan

Question:

369. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22297/14]

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Written answers

I confirm that the department received an application for carer’s allowance from the person in question on 6 March 2014. A letter issued on 16 May 2014 requesting full completion of the carer's allowance application form, statements from financial institutions and payslips. Once this information is received a deciding officer will make a decision on entitlement and notify the person concerned of the outcome.

Local Development Companies Funding

Questions (370)

Clare Daly

Question:

370. Deputy Clare Daly asked the Minister for Social Protection the current status of the partnership programmes nationally; if they have been put out to tender; and the expectations staff working in this area have regarding their future employment with particular reference to the Fingal Leader partnership. [22298/14]

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Written answers

Local Development Companies (LDCs) support the delivery of a range of programmes and schemes, on behalf of the Department of Social Protection, including Tús, Community Employment, Rural Social Scheme and enterprise supports to long-term jobseekers wishing to pursue a self-employment option. The companies also deliver JobClubs and the Local Employment Service for the Department in a number of counties.

The Department for the Environment, Community and Local Government are the parent Department for the work of the LDCs. That Department has published an invitation for the delivery of the proposed Social Inclusion and Community Activation Programme (SICAP) in each local authority area. My understanding is that the tender seeks proposals for the 31 local authority areas with a view to appointing competent firms to undertake the delivery of SICAP. It is open to the LDCs to apply. Issues relating the tender process and the implications for existing local development companies are for my colleague, Phil Hogan T.D. Minister for the Environment, Community and Local Government.

Carer's Allowance Appeals

Questions (371)

Michelle Mulherin

Question:

371. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal against refusal of carer's allowance in respect of a person (details supplied); if she will expedite same; and if she will make a statement on the matter. [22299/14]

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Written answers

I am advised by the Social Welfare Appeals Office that a revised decision favourable to the person concerned has been made by Department. The person concerned will be contacted shortly by the Department regarding this 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.

Jobseeker's Allowance Applications

Questions (372)

Pádraig MacLochlainn

Question:

372. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection the position regarding an application for jobseeker's allowance in respect of a person (details supplied) in County Donegal; if their application has been refused; if so, on what basis; the options available to appeal this decision; and if she will make a statement on the matter. [22347/14]

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Written answers

I wish to confirm that the application for jobseeker's allowance for the person concerned has been refused on the grounds that he is not habitually resident in the State and that he had been offered the right to appeal this decision. I can also confirm that in light of further evidence now received, his application is currently being reviewed and that he will be notified of the outcome of this review.

Carer's Allowance Appeals

Questions (373)

Michael Creed

Question:

373. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on a carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22350/14]

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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 6 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 7 May 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.

Carer's Allowance Appeals

Questions (374)

Michael Creed

Question:

374. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on a carer's allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22351/14]

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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 6 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 7 May 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.

Disability Allowance Appeals

Questions (375)

Michael Creed

Question:

375. Deputy Michael Creed asked the Minister for Social Protection the reason for the delay in expediting a decision on a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22353/14]

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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 including that adduced at the oral hearing, has decided to disallow the appeal of the person concerned. The person concerned was notified of the Appeals Officer’s decision on 15 May 2014.

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.

Disability Allowance Payments

Questions (376)

Bernard Durkan

Question:

376. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when arrears in respect of disability allowance, which is now in payment, will be paid in the case of a person (details supplied) in County Kildare. [22355/14]

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Written answers

Arrears of disability allowance, due to the person concerned issued to him by cheque on 15 May 2014.

Employment Support Services

Questions (377)

Niall Collins

Question:

377. Deputy Niall Collins asked the Minister for Social Protection the exact number of persons employed in employment support schemes in 2012, 2013 and to date in 2014. [22365/14]

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Written answers

The information requested by the Deputy is not available in my Department. I am informed however of the information in the following tabular statement which breaks down the number of participant/recipients on activation and working age employment schemes under the auspices of my Department.

Live Register Activation Programmes Participants (Source: www.cso.ie)

-

December 2012

December 2013

March

2014

Back to Work Allowance Employee

18

11

8

Back to Work Enterprise Allowance Self - Employed

10,811

10,098

10,270

Short-term Enterprise Allowance

1,066

583

498

Part-Time Job Incentive scheme

215

312

317

Tús - Community Work Placement Scheme

4,543

7,108

7,355

JobBridge

5,532

6,483

6,599

Community Employment Programme (excluding supervisors)

21,081

22,575

22,832

FÁS full time training for unemployed people

9,318

8,996

8,614

Vocational Training Opportunities Scheme (VTOS) - estimated

5,000

5,000

5,000

Back to Education Allowance

25,886

24,996

23,843

Working Age Employment Supports Recipients

-

December 2012

December 2013

March

2014

Rural Social Scheme

2,591

2,537

2,532

Job Initiative

1,139

1,051

1,084

Wage Subsidy Scheme

1,006

1,350

1,225

Jobsplus

-

1,114

1,874

Gateway

-

5

62

Partial Capacity Benefit

N/A

1,234

1,261

Question No. 378 answered with Question No. 348.

Registration of Births

Questions (379)

Marcella Corcoran Kennedy

Question:

379. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection if a child is born in the US to Irish parents, whether that birth be officially registered and acknowledged in Ireland in any form. [22408/14]

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Written answers

A child born outside Ireland is automatically an Irish citizen if one of their parents was an Irish citizen who was born in Ireland. Births are registered in Ireland in the Register of Births which is maintained by the General Register Office and is a register of births which occur in the State. As such, births which occur outside the State are not recorded, other than in circumstances catered for in sections 26 and 27 of the Civil Registration Act, 2004.

Section 26 allows for the registration of births which occurred outside the State where there is no system of registration of births in the place where the birth occurred. Section 27 allows for the registration of births which occur on board an Irish registered or foreign ship or aircraft or of the child of a member of An Garda Síochána or the Permanent Defence Forces born outside the State while the member is serving outside the State.

Social Welfare Rates

Questions (380)

Michael Healy-Rae

Question:

380. Deputy Michael Healy-Rae asked the Minister for Social Protection her views on correspondence (details supplied) regarding increasing disability allowances; and if she will make a statement on the matter. [22421/14]

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Written answers

The Programme for Government contains a commitment to maintain weekly rates of welfare payments. In line with this commitment, the weekly personal rate of disability allowance, including increases for qualified adults and children, has been fully maintained since this Government came into office. Recipients of disability allowance may also be eligible, subject to satisfying the relevant conditions, for the fuel allowance, electricity/gas allowance, free television licence, living alone allowance, rent supplement and free travel.

Any increases to weekly rates of payment would have to be considered in a budgetary context.

Jobseeker's Allowance Appeals

Questions (381)

Michael Healy-Rae

Question:

381. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a jobseeker's appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [22423/14]

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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 15 April 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 were received in the Social Welfare Appeals Office on 29 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.

Domiciliary Care Allowance Appeals

Questions (382)

Brendan Griffin

Question:

382. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a domiciliary care allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [22448/14]

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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 11 March 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.

Carer's Allowance Appeals

Questions (383)

Pat Breen

Question:

383. Deputy Pat Breen asked the Minister for Social Protection the position regarding a carer's allowance appeal in respect of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [22452/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 March 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.

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