Gerry Adams
Question:103. Deputy Gerry Adams asked the Tánaiste and Minister for Social Protection the pension entitlements for persons (details supplied) employed as managers of community employment schemes. [33805/14]
View answerPension Provisions
Questions (103)
Written answers
The Department of Social Protection funds the Community Employment (CE) Schemes under the following four headings:
- Participant Allowances;
- Material Costs (running costs/overheads/insurance, etc.);
- Training Costs;
- Supervision Costs.
There are no manager posts under Community Employment and the Deputy may be referring to the supervisory funding allocated to CE Sponsoring Organisations.
There is no special arrangement for funding Supervisory pensions under Community Employment as the Department is not in a position to authorise such provision.
Employers (including CE Sponsoring Organisations) must offer access to at least one Standard Personal Retirement Savings Account (PRSA) under the Pension (Amendment) Act 2002. All CE Sponsoring Organisations were appraised of their responsibilities under this Act.
It should also be noted that this Department is not the employer of CE supervisors and such employees are not public servants but are employees of sponsoring organisations. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.
Exceptional Needs Payment Eligibility
Questions (104)
Bernard Durkan
Question:104. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if an exceptional needs payment will issue in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33818/14]
View answerWritten answers
The Department has no record of having received an application for an exceptional needs payment from this client.
Disability Allowance Eligibility
Questions (105)
Denis Naughten
Question:105. Deputy Denis Naughten asked the Tánaiste and Minister for Social Protection when a decision will be made on a disability allowance application in respect of a person (details supplied) in County Roscommon; and if she will make a statement on the matter. [33823/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3rd September 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 papers have been received from the Department, the appeal 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 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 on social welfare entitlements.
Question No. 106 withdrawn.
Domiciliary Care Allowance Applications
Questions (107)
Pat Breen
Question:107. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision will issue on a domiciliary care allowance application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [33834/14]
View answerWritten answers
An application for domiciliary care allowance (DCA) was received from the person concerned on the 24th July 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 over 10 weeks to process an application for DCA.
Social Welfare Code
Questions (108)
Arthur Spring
Question:108. Deputy Arthur Spring asked the Tánaiste and Minister for Social Protection if she will provide a definition of immediate family when referred to in relation to Social Protection payments. [33837/14]
View answerWritten answers
There is no overarching definition of the family, whether immediate or otherwise, that is used for the purposes of the social welfare code.
Social welfare entitlements are not based on family relationships, but are determined by reference to the circumstances of the claimant, the composition of the household in which the claimant resides and the maintenance relationships between the claimant and the members of that household and others. Accordingly, the term family is not used in determining entitlement to weekly social welfare payments, other than in the case of the family income supplement scheme.
For weekly social welfare payments in general, a claimant is entitled to a personal rate of payment and may also be eligible for increases in respect of a qualified adult and any qualified children who are regarded as normally residing with the claimant.
A qualified adult is defined as being the spouse, civil partner or cohabitant of the claimant who is being wholly or mainly maintained by the claimant, but generally does not include a spouse, civil partner or cohabitant who is in employment or self-employment or who is in receipt of a weekly social welfare payment in his or her own right.
In addition, a qualified adult can be a person who is aged 16 years or over, who has the care of at least one qualified child and who lives with and is being wholly maintained by the claimant, where the claimant is single, widowed or separated, for example, an older child who looks after the younger children of a widowed person.
A qualified child is defined as being a child aged under 18 years or, in the case of recipients of long-term social welfare payments, a child aged under 22 years if the child is still in full-time education. A qualified child is normally regarded as residing with both of his or her parents for social welfare payment purposes. However, where the qualified child is living with one parent only or is living on a shared custody basis with both parents who are living apart, there are rules to determine which parent the child is to be regarded as normally residing with for social welfare payment purposes. These rules also determine who the qualified child is to be regarded as normally residing with where he or she is not living with either parent.
The term “family” is defined for the purposes of qualification for the family income supplement (FIS) scheme. However, as in the case of weekly social welfare payments in general, a family for FIS purposes is not defined by reference to the family relationships involved, but by reference to the composition of the household in which the worker resides and the maintenance relationships between the worker and the members of that household and others.
A family for FIS purposes means a worker who is engaged in remunerative full-time employment and any children who normally reside with the worker. Where the worker is living with or is wholly or mainly maintaining his or her spouse, civil partner or cohabitant, then the family for FIS purposes includes that spouse, civil partner or cohabitant. In addition to including children who reside with the worker, the normal residence rules for FIS purposes also enable a child who is not living with the worker to be regarded as normally residing with him or her where that worker is wholly or mainly maintaining his or her spouse, civil partner or cohabitant and is contributing substantially towards the child’s maintenance.
The Social Welfare and Pensions Act 2014 contains a number of amendments to strengthen and clarify the normal residence rules applying to the FIS scheme. These amendments are subject to commencement by way of Commencement Order. It is intended to commence these provisions shortly, as soon as regulations underpinning the normal residence rules applying to the FIS scheme have been finalised.
Carer's Allowance Appeals
Questions (109)
Charlie McConalogue
Question:109. Deputy Charlie McConalogue asked the Tánaiste and Minister for Social Protection when a carer's allowance file will be forwarded to the appeals office in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [33841/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 21st May 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 8th September 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.
Question No. 110 withdrawn.
Social Welfare Eligibility
Questions (111)
Denis Naughten
Question:111. Deputy Denis Naughten asked the Tánaiste and Minister for Social Protection her plans to review the current system of entitlement to social welfare for those who are self employed; and if she will make a statement on the matter. [33943/14]
View answerWritten 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).
Self-employed workers may 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 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.
Fuel Allowance Payments
Questions (112)
Anthony Lawlor
Question:112. Deputy Anthony Lawlor asked the Tánaiste and Minister for Social Protection if she will consider offering recipients a choice of how they wish to receive the fuel allowance, either in a lump sum or on a weekly basis, in view of the fact that those with oil heating need to make a once off payment to fill a tank, preferably at the beginning of the winter months, which they are generally unable to afford until they have accumulated a number of weekly payments; if this choice is not an option, the reason for same; and if she will make a statement on the matter. [33955/14]
View answerWritten answers
The national fuel allowance scheme assists householders on long-term social welfare with meeting the cost of their heating needs during the winter season. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet those costs in full. Fuel allowance is currently paid at €20 per week during the winter season. Some 410,000 customers receive the fuel allowance at an annual cost of €208 million. The allowance is subject to a means test and is paid only to those who live alone or with certain exempted people.
Having examined the possibility of paying the fuel allowance as a lump sum it is clear that it could result in a number of difficulties for recipients. In particular, if the payment was given in advance as a lump sum, there could be significant over-payments if a recipient’s circumstances changed during the payment season. If it was paid in arrears, it obviously would result in further budgeting difficulties for individuals and their families.
Many energy companies, including oil suppliers, provide budget facilities for making payment by monthly instalment over a period of time which allows people to plan and budget for fuel expenses. I am satisfied that this arrangement is sufficient to meet the needs of customers.
Invalidity Pension Data
Questions (113)
Tom Fleming
Question:113. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will provide in tabular form the number of applications for invalidity pension for the years 2011, 2012, 2013 and to date in 2014; the number of refusals of same; the number of appeals of same; the results of these appeals for those years; and if she will make a statement on the matter. [33976/14]
View answerWritten answers
Table 1 shows the number of claims received, awarded and disallowed in the period requested. Unfortunately, it is not possible to identify, of the number awarded, how many were awarded in the first instance and how many were awarded following deciding officer review or appeal.
Table 2 shows the data in respect of appeals received and decided in the same period, as reported by the Social Welfare Appeals Office.
Table 1. Invalidity Pension Claims Processed 2011 to August 2014
INVALIDITY PENSION CLAIMS
|
Year |
Received |
Awarded |
Disallowed |
Total decided |
|
2011 |
14621 |
2107# |
4697# |
12829 |
|
2012 |
11510 |
6352** |
11423 |
17775 |
|
2013 |
9640 |
9494** |
9298 |
18792 |
|
2014* |
6090 |
4760** |
4304 |
9064 |
A breakdown of Invalidity claims awarded and disallowed is not available from December 2010-June 2011. A dual payments system was in operation from December 2010 until all claims were migrated onto a new computer platform in May 2011.
# Breakdown for period June 2011 - December 2011 inclusive
* 2014 figures up to 31 August
** The award figure includes applications initially awarded and applications that were awarded following a successful review/appeal.
Table 2. Invalidity Pension Appeals 2011 to August 2014
|
- |
Appeals Received (2) |
Allowed (3) |
Partly Allowed (4) |
Revised DO Decision (4) |
Disallowed (5) |
Withdrawn (6) |
Total (3-6) |
|
2285 |
408 |
6 |
345 |
489 |
67 |
1315 |
|
|
(1) |
4765 |
1031 |
4 |
474 |
430 |
52 |
1991 |
|
(2) |
4501 |
3336 |
18 |
2243 |
1311 |
60 |
6968 |
|
1985 |
1783 |
9 |
430 |
619 |
30 |
2871 |
Departmental Contracts
Questions (114)
Seán Fleming
Question:114. Deputy Sean Fleming asked the Tánaiste and Minister for Social Protection the number of administrative arrangements, as opposed to contracts for service her Department is a party to; if she will provide in tabular form the party or parties to the administrative arrangement; the duration of these administrative arrangements; the cost recovery value of these administrative arrangements; and if she will make a statement on the matter. [34009/14]
View answerWritten answers
Having regard to the information and briefing material supplied on behalf of the Deputy, the Department does not have any such administrative arrangements in place.
Question No. 115 answered with Question No. 49.
Domiciliary Care Allowance Eligibility
Questions (116)
Arthur Spring
Question:116. Deputy Arthur Spring asked the Tánaiste and Minister for Social Protection if ADHD is classified as a disability when considering an application for domiciliary care allowance. [34020/14]
View answerWritten answers
Domiciliary care allowance (DCA) is payable in respect of children under the age of 16 who have a severe disability that requires care and attention substantially in excess of another child of the same age. The care and attention received must be given by another person, effectively full-time so that the child can deal with the normal activities of daily life. The child must be likely to require this level of care and attention for at least 12 months.
Eligibility for DCA is not decided on the medical or psychological condition, but on the resulting disability that necessitates the degree of extra care and attention required. Each application is assessed on an individual basis taking account of all the evidence submitted by the parent/guardian, including medical evidence and details on the additional care required by the child. Children with ADHD or any other condition, do not automatically qualify for a payment under the scheme, but are assessed on an individual basis taking account of the evidence submitted.
Rent Supplement Scheme Administration
Questions (117)
Sandra McLellan
Question:117. Deputy Sandra McLellan asked the Tánaiste and Minister for Social Protection if discretion can be applied for rent allowance when acceptance onto a social housing list is refused because the applicant fails to meet the local authorities' criteria, for a number of reasons (details supplied) but still has a housing need; and if she will make a statement on the matter. [34032/14]
View answerWritten 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. The overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are currently approximately 73,800 rent supplement recipients for which the Government has provided over €344 million for 2014.
It is a condition of rent supplement that a person must have been residing in private rented accommodation, or accommodation for homeless persons or 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. A person may also qualify for rent supplement where an assessment of housing need has been carried out and the person is deemed by a housing authority to be eligible for and in need of social housing support.
In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by the housing authority. Only when the person has been assessed as being eligible for and in need of social housing support, does the person become eligible for consideration for rent supplement. The eligibility criteria used to determine whether a household is eligible for and in need of social housing support, are a matter for the housing authority and should be referred to the Department of the Environment, Community and Local Government.
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 introducing HAP on a phased basis, initially in Cork County, Limerick City and County and Waterford City and County from 15th September 2014.
Question No. 118 answered with Question No. 83.
Household Benefits Scheme
Questions (119)
Robert Dowds
Question:119. Deputy Robert Dowds asked the Tánaiste and Minister for Social Protection if she will give consideration to restoring the funding for the telephone allowance component of the household benefits package; and if she will make a statement on the matter. [34034/14]
View answerWritten answers
The overall concern of Government in Budget 2014 and previous Budgets has been to protect the primary social welfare rates. The largest block of expenditure in the Department in the Estimate for 2014 is on pensions which will amount to €6.5 billion, or 33% of overall expenditure. Because of demographic change the Department’s spending on older people is increasing year on year. In 2013, the Department had to make provision for an additional €190 million for the increasing number of pensioners. Maintaining the rate of the State pension and other core payments is critical in relation to protecting people from poverty.
The decision to discontinue the telephone allowance provided annual savings of €48 million and meant that the Department was able to retain the other elements of the household benefits package such as the electricity and gas allowance and the television licence. These are valuable supports for recipients. The Department will spend €230 million this year on these elements of the household benefits package for over 411,000 customers.
The fuel allowance scheme and the free travel pass were also protected for older people and people with disabilities. The living alone allowance was maintained at €7.70 per week.
As part of the household benefits package, a new water support payment of €25 every three months, will be introduced in January 2015 at an annual cost of €42 million. Existing customers in receipt of household benefits will not have to make any additional application to receive the new payment. The water support payment will be available for all those in receipt of household benefits, including those who make provision for their own water supply and sewerage and who will not be required to make payments to Irish Water.
The Department of Environment, Community and Local Government operates the seniors alert scheme which provides grant support for the supply of equipment such as personal alarms, smoke detectors and security lighting to enable older people without sufficient means to continue to live securely in their homes. The budget allocation for 2013 was €2.35 million. There has been no reduction in this funding in Budget 2014.
Social Welfare Benefits Eligibility
Questions (120)
Bernard Durkan
Question:120. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the reason for the deduction of one parent family allowance payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34038/14]
View answerWritten answers
The person concerned had been in receipt of a one-parent family payment from 21 June 2012. As her youngest child was over 7 years old on 3 July 2014, she was no longer eligible for a one-parent family payment.
The person concerned had also been in receipt of a half-rate carer’s allowance. From 3 July 2014 this has been increased to a full personal rate, with child dependant allowances. Means appropriate to client’s circumstances have been deducted from this payment.
Social Welfare Benefits Eligibility
Questions (121)
Bernard Durkan
Question:121. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if training allowance is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34042/14]
View answerWritten answers
Where a client is in receipt of a relevant social welfare payment and is successful in acquiring a training place, a training allowance may be payable at the same rate of payment. Under 25 year olds may have their payment increased when partaking in training and education.
The availability of and access to training places is a matter in the first instance for my colleague the Minister for Education and Skills, Deputy Jan O’Sullivan.
Budget 2015
Questions (122)
Dominic Hannigan
Question:122. Deputy Dominic Hannigan asked the Tánaiste and Minister for Social Protection her plans in budget 2015 to fix an anomaly in the pension system where someone who is contractually obliged to retire at 65 only receives the jobseeker's allowance until they turn 66; and if she will make a statement on the matter. [34043/14]
View answerWritten answers
Increasing State pension age and the abolition of the State pension (transition) are steps that have been taken to ensure the sustainability of pensions into the future. The decision to reform State pension was taken in the context of changing demographics and the fact that people are living longer and healthier lives. The OECD report on the Review of the Irish Pension System confirms that the reforms that have been introduced are necessary if we are to continue to put pension provision on a sustainable footing given increased life expectancy, the deficit in the Social Insurance Fund, and the increasing cost of pensions into the future.
The Social Welfare and Pensions Act 2011 provides that State pension age will be increased gradually to 68 years. State pension age was increased to 66 and will increase further to 67 in 2021 and 68 in 2028.
This began in January 2014 with the abolition of the State pension (transition) available at 65, thereby standardising State pension age for all at 66 years. The State pension (transition) was introduced in 1970 when it was known as the retirement pension. It was designed to bridge the gap between the standard social welfare pension age, which at that time was 70 years of age, and retirement age. All short term social welfare schemes are payable to age 66.
The main social welfare payment available to those who leave employment before pension age is jobseeker’s benefit. Persons aged between 65 and 66 years who qualify for a jobseeker’s benefit are generally entitled to receive payment up to the date on which they reach pensionable age (66 years). In the case of a jobseeker’s benefit recipient aged under 65 whose claim spans from one benefit year into another, a new relevant tax year requirement is not applied in the case of the job seekers entitlement relating to the second benefit year. A further provision states that 3 waiting days do not have to be served for jobseekers assistance in the case of certain people aged between 65 and 66 years who have been in receipt of job seekers benefit within the past year.
I was happy to be able to introduce new arrangements in Budget 2014 for older jobseekers, i.e., those aged 62 and over who have left work before reaching the State pension age of 66 and who wish to claim a jobseeker’s payment. With effect from 1 January 2014, fully unemployed jobseekers aged 62 or over will be placed on yearly signing and will be given the option of transferring to EFT payments. Furthermore, they will not be subject to mandatory activation measures or activation-related sanctions but may avail of employment support
The Deputy may wish to note there is no statutory compulsory retirement age for employees in Ireland. Responsibility for setting retirement age is a matter for the employer/employee relationship and the contract of employment.
Finally, social welfare supports will continue to be available to those who need it most and where a person fails to meet the qualifying conditions of an insurance based scheme, a means tested assistance payment may be available provided they satisfy the qualifying conditions.
Social Welfare Appeals
Questions (123)
Charlie McConalogue
Question:123. Deputy Charlie McConalogue asked the Tánaiste and Minister for Social Protection when a decision will be made on a social welfare appeal in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [34072/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 24th September 2014. The person concerned has been notified of the arrangements for the 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.
Pensions Legislation
Questions (124)
Ciaran Lynch
Question:124. Deputy Ciarán Lynch asked the Tánaiste and Minister for Social Protection if she will address the concerns regarding the Irish aviation superannuation scheme raised by a person (details supplied) in County Cork; and if she will make a statement on the matter. [34079/14]
View answerWritten answers
While I am aware of the issues arising in relation to this scheme, you will appreciate that it is not appropriate for me to comment on developments relating to a particular pension scheme as these are a matter for the management of the company and the trustees of the pension scheme.
You will be aware that a number of changes were made to the Pensions Act in recent years to assist both the employers and the trustees of defined benefit pension schemes respond to the funding difficulties encountered by many schemes at this time. The Pensions Act was amended in 2009 to broaden the options available to the trustees of a defined benefit pension scheme in any consideration of a restructure of scheme benefits under section 50 of the Act to include the benefits of deferred scheme members and post retirement increases in pension benefits. Prior to the 2009 Act, only the benefits of active scheme members could be considered in a restructure of scheme benefits. The Social Welfare and Pensions (No. 2) Act 2013 further extended the options available to the trustees of a scheme to include a portion of benefits payable to pensioners.
These changes essentially provide for the sharing of the risk of scheme underfunding across all scheme members. The issue of how these changes might be applied is a matter for the trustees of a scheme who are required under trust law to act in the best interests of all scheme beneficiaries. There are no plans to review this legislation further.
I understand that intense efforts have been made over the past months to resolve the issues arising in this scheme. These efforts included the introduction of legislation in the State Airports (Shannon Group) Act, 2014 and an examination by an Expert Panel of the complex industrial relations issues that remained to be resolved from the Labour Court recommendations. I understand that the Expert Group engaged with all the parties involved during its investigations.
I recognise the difficult challenges facing all involved and I hope that a solution can be found to resolve the issues arising.
Social Welfare Eligibility
Questions (125)
Bernard Durkan
Question:125. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the arrangements being made to facilitate payment in the case of a person (details supplied) who has not received their payments for months despite being registered as homeless with Kildare County Council which does not have any emergency accommodation available; the steps being taken to address their loss of income bearing in mind they have a child with special needs; and if she will make a statement on the matter. [34092/14]
View answerWritten answers
As outlined in previous responses, the person concerned has been advised on more than one occasion to make an application to her Local Social Welfare Office in order to determine her entitlement to the one parent family payment. There is no record of any contact having been made by the person concerned with the Department since she received an emergency needs payment on 07/08/14. The person concerned needs to engage with the Department if she wishes to have her entitlement to a payment assessed.
Carer's Allowance Appeals
Questions (126)
Michelle Mulherin
Question:126. Deputy Michelle Mulherin asked the Tánaiste and Minister for Social Protection the position regarding an appeal for carer's allowance in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [34123/14]
View answerWritten answers
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 14th 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 the 28th July 2014 and the case was referred to an Appeals Officer on the 6th August 2014 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.
Pensions Legislation
Questions (127)
Dominic Hannigan
Question:127. Deputy Dominic Hannigan asked the Tánaiste and Minister for Social Protection if her attention has been drawn to the concerns of the deferred members of the Irish aviation superannuation scheme about the potential for a 60% cut in their pensions due to a provision in the 2009 Social Welfare and Pensions Act; the action she will take in order that the potential reduction of 60% does not happen; the communication she has had with either the IASS trustees or the Department of Transport, Tourism and Sport regarding the potential cuts. [34183/14]
View answerWritten answers
While I am aware of the issues arising in relation to this scheme, you will appreciate that it is not appropriate for me to comment on issues relating to a particular pension scheme as these are a matter for the management of the company and the trustees of the pension scheme.
You will be aware that a number of changes were made to the Pensions Act in recent years to assist both the employers and the trustees of defined benefit pension schemes respond to the funding difficulties encountered by many schemes at this time. The Pensions Act was amended in 2009 to broaden the options available to the trustees of a defined benefit pension scheme in any consideration of a restructure of scheme benefits under section 50 of the Act to include the benefits of deferred scheme members and post retirement increases in pension benefits. Prior to the 2009 Act, only the benefits of active scheme members could be considered in a restructure of scheme benefits. The Social Welfare and Pensions (No. 2) Act 2013 further extended the options available to the trustees of a scheme to include a portion of benefits payable to pensioners. These changes essentially provide for the sharing of the risk of scheme underfunding across all scheme members. The issue of how these changes might be applied is a matter for the trustees of a scheme who are required under trust law to act in the best interests of all scheme beneficiaries.
I understand that intense efforts have been made over the past months to resolve the issues arising in this scheme. These efforts included the introduction of legislation in the State Airports (Shannon Group) Act, 2014 and an examination by an Expert Panel of the complex industrial relations issues that remained to be resolved from the Labour Court recommendations. I understand that the Expert Group engaged with all the parties involved during its investigations.
I recognise the difficult challenges facing all involved and I hope that a solution can be found to resolve the issues arising.
Free Travel Scheme Review
Questions (128)
Pádraig MacLochlainn
Question:128. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Social Protection if she will allocate funding support to the provider and licence holder of the Buncrana, County Donegal, to Derry city bus route to reinstate the rights of the elderly and disabled free bus pass holders who avail of the service in view of the distress and financial strain caused to the elderly and disabled who rely on this route. [34198/14]
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The free travel scheme permits free travel on most CIE public transport services, Luas and a range of services offered by some 90 private operators in various parts of the country for those eligible under the scheme. There are currently in excess of 780,000 customers with direct eligibility.
My Department appreciates the important role that free travel plays in promoting social inclusion and preventing the isolation of elderly people. However, all of the schemes operated by this Department, including free travel, were examined in the context of the Comprehensive Review of Expenditure and continue to be kept under review given the on-going need for savings. The Review continues to inform decisions in relation to future spending while striving to ensure that priority is given to the elderly and disabled.
Under the programme for National Recovery 2011-2014 introduced by the previous Government, expenditure on the free travel scheme was frozen at 2010 levels for the duration of the plan leaving a provision for the scheme of €77 million per annum. As a result of this, the Department is not in a position to consider new applications or indeed requests from existing operators for increased payments under the Scheme.
However, given the increasing number of recipients and the funding pressures, the Minister for Transport, Tourism and Sport and I have established a working group with representatives from the two Departments, as well as the Department of Public Expenditure and Reform and the National Transport Authority to review the free travel scheme. The work of this group is expected to conclude shortly.