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Thursday, 18 Sep 2014

Written Answers Nos. 34-44

Ministerial Transport

Questions (34)

Pádraig MacLochlainn

Question:

34. Deputy Pádraig Mac Lochlainn asked the Minister for Defence if there are plans to maintain or replace the Government jet. [34540/14]

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Written answers

The Ministerial Air Transport Service is provided primarily by the Gulfstream IV and Learjet 45 aircraft, which were specifically acquired for that purpose. On the 27th July 2014, the Gulfstream aircraft, which is 23 years in service, travelled to the Gulfstream Aerospace Corporation facility in Georgia, USA, for its annual maintenance inspection. During the inspection, issues were discovered with the aircraft’s undercarriage. My Department is assessing the situation, in consultation with Gulfstream Aerospace Corporation, and any decisions in relation to the aircraft will be taken in that context.

Defence Forces Properties

Questions (35)

Clare Daly

Question:

35. Deputy Clare Daly asked the Minister for Defence the progress in ending the legal action against former Defence Forces personnel and their families residing in the Curragh camp. [34552/14]

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Written answers

As has been said previously military personnel are obliged, under Defence Forces Regulations to vacate military quarters within 21 days of retiring or being discharged from military service. The term overholder is used to describe former members of the Defence Forces and their families who refused to leave married quarters, when obliged to do so. Presently, there are twenty four overholders remaining on military lands within the Curragh Camp. This represents a relatively small group in relation to the large number of military personnel who occupied such quarters over the years but who returned the properties to the Department on their retirement, as they were required to do.

Nine of the overholders referred to above do not pay charges in respect of their use of the property and in some cases there are arrears due for the use of electricity.

The situation of overholders continuing to occupy married quarters is no longer sustainable and measures to resolve this are being progressed. My Department is therefore, in accordance with normal procedures, seeking vacant possession of married quarters which are being overheld and will continue to do so until the overholding issue is resolved.

In the period since January 2013, thirteen properties which were being overheld on military lands within the Curragh Camp have been returned by the occupants.

Officials from my Department have met with a number of overholders to discuss and examine what assistance can be provided in order to bring about a resolution to the problem of overholding. From these discussions and from its records the Department is aware that a small number of occupants may be particularly vulnerable due to their personal circumstances. The process of engagement with overholders is ongoing and the Department will need time to consider all the issues raised on a case by case basis. It is hoped that the discussions will provide an opportunity for both sides to work together in order to bring about a resolution to the problem.

The Department has also initiated discussions with Kildare County Council to determine whether there was a possibility of a joint initiative to provide solutions to the overholding issues in the Curragh. The Council indicated that, due to budgetary constraints their policy now is to lease suitable properties in order to provide accommodation for those who meet the criteria for social housing assistance. The Department have advised overholders where appropriate to apply for social housing and have supplied supporting documentation for the Council when requested.

Any initiative to resolve overholding must support and complement the current policy which dates back to 1997 of withdrawing from the provision of married quarters.

It is preferable not to have to use legal means to obtain vacant possession of the properties concerned. However, the ongoing illegal occupation of military property by those who have no entitlement to do so cannot be supported. In this regard, it is important to remember also that the Department of Defence does not have a role in the provision of housing accommodation for former members of the Defence Forces or for the general public.

Disability Allowance Eligibility

Questions (36)

Catherine Murphy

Question:

36. Deputy Catherine Murphy asked the Tánaiste and Minister for Social Protection if myalgic encephalomyelitis or chronic fatigue syndrome will be added to the list of qualifying disorders and illnesses for disability benefit; if she is further considering adding it to the list of qualifying disorders and conditions for long-term illness benefit; and if she will make a statement on the matter. [35041/14]

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Written answers

The Department of Social Protection has responsibility for illness related benefit/allowance schemes. Myalgic Encephalomyelitis/Chronic Fatigue Syndrome is accepted as a certifiable medical condition. Eligibility to illness related benefit/allowance is determined by its severity and expected duration. The medical assessment is made after careful review of submitted medical evidence in accordance with the Department’s evidence based medical protocols.

Rent Supplement Scheme Eligibility

Questions (37)

Brendan Griffin

Question:

37. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection if rent allowance will be paid in respect of a family member who is occupying a property owned by the parents; and if she will make a statement on the matter. [34878/14]

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Written 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.

There is no specific restriction on landlords renting to family members provided all of the qualifying criteria for the rent supplement scheme have been met. Under the rules governing entitlement to rent supplement, the Department must establish that the applicant is a bona fide tenant. In determining whether the applicant is a bona fide tenant the Department will generally require documentary evidence including:

- Details of the lease agreement;

- Proof of ownership of the property;

- Documentation that the tenancy has been registered with the PRTB;

- Documentation detailing payments made to the landlord.

Department officials have considerable experience in dealing with customers of the scheme and continue to make every effort to ensure that their accommodation needs are met.

Carer's Allowance Applications

Questions (38)

Bernard Durkan

Question:

38. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the progress made to date in determination of additional medical documentation in respect of a carer's allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34879/14]

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Written answers

The person in question is in receipt of carer’s allowance for one care recipient, and applied for a second care recipient on 6th March 2014. The person concerned was refused carer's allowance on the grounds that this care recipient is not so disabled as to require full-time care and attention as prescribed in regulations. She was notified of this decision on the 2nd July 2014, the reason for it and of her right of review or appeal. The person in question has since submitted additional medical evidence in support of their application. This supplementary information is currently being considered by a deciding officer. Once the review is completed the person concerned will be notified directly of the outcome.

Pension Provisions

Questions (39)

Finian McGrath

Question:

39. Deputy Finian McGrath asked the Tánaiste and Minister for Social Protection the position regarding a pension matter (details supplied); and if she will make a statement on the matter. [34899/14]

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Written answers

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.

The trustees of defined benefit pension schemes are required under the Pensions Act to maintain sufficient assets to meet the liabilities of the scheme. This is referred to as the funding standard. Where a scheme is underfunded, the trustees are required to submit a proposal to the Pensions Authority setting out how it is proposed to restore scheme funding. The funding standard requirements were suspended in late 2008 following the downturn in financial markets. This standard was re-introduced in 2012 and the trustees of pension schemes were required to notify the Pensions Authority of their funding position by June 2013.

The vast majority of pension schemes now either satisfy the funding standard or have submitted/agreed a funding proposal with the Pension Authority. The Pensions Authority is pursuing those who have not complied with the standard and is working with all underfunded scheme to help them secure a more sustainable funding position. If all schemes can achieve a sustainable funding position then the recourse to the provisions in section 50 of the Act should diminish.

Pension provision will vary across jurisdictions. Pension schemes in Ireland are generally established under trust law where the trustees of a pension scheme are required to act in the best interest of scheme members. The provisions in trust law are further underpinned by the provisions in the Pensions Act. The present provision in section 50 of the Pensions Act provides for a higher level of protection for pensioner benefits and treats the benefits of active and deferred scheme members in the same manner. There are no plans to revise the provisions in section 50 at this time.

Pensions Legislation

Questions (40)

Billy Kelleher

Question:

40. Deputy Billy Kelleher asked the Tánaiste and Minister for Social Protection in relation to the Irish airlines superannuation scheme, if she will consider amending existing legislation to reverse the separation of deferred members from pensioners; and if she will make a statement on the matter. [34901/14]

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Written 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 matters 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.

Questions Nos. 41 and 42 withdrawn.

JobsPlus Scheme

Questions (43)

Brendan Griffin

Question:

43. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection if she has reviewed the possibility of including farm and fish assist recipients for eligibility in the JobsPlus scheme; and if she will make a statement on the matter. [34982/14]

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Written answers

I would like to refer the Deputy to a reply I gave to a similar question asked by him on the 17th April last.

Pathways to Work sets out the Government’s policy direction on labour market activation and is a key element of the Government's strategy to get Ireland working again. The strategy outlined in Pathways is devised to ensure new job opportunities are made available to people on the live register with particular focus on the longer term unemployed. JobsPlus is exclusively targeted at this cohort. While consideration is being given to expanding the scheme and possibly broadening the range of qualifying payments, I do not consider that it would be justified to open the scheme to farmers who are working and in receipt of a farm assist payment. Given the pressure on resources and the continuing high number of jobseekers who have been out of work for more than 12 months, I believe it is justified to continue to maintain priority on longer term jobseekers, in line with the commitments in Pathways to Work.

The Deputy should note that, unlike Farm Assist, there is no separate payment termed ‘Fish Assist’. The term was previously used to describe a feature of the jobseeker's allowance scheme and referred to aspects of the means assessment which applied to certain categories of self-employed fishermen and were discontinued under measures in Budget 2012 and Budget 2013. Self-employed fishermen who are in receipt of jobseeker’s allowance may qualify for JobsPlus subject to general scheme criteria being met. Eligibility can be established online using the JobsPlus website or by calling to one of the Department's Intreo centres or local offices.

At the end of August 2014, 2,236 employers received payments in respect of 2,952 employees who were previously long term jobseekers. Further details of the JobsPlus incentive, including how to apply, are available on www.jobsplus.ie.

Question No. 44 withdrawn.
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