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Tuesday, 11 Nov 2014

Written Answers Nos. 169-183

Invalidity Pension Appeals

Questions (169)

Brian Walsh

Question:

169. Deputy Brian Walsh asked the Tánaiste and Minister for Social Protection when a decision will be made in relation to an appeal concerning an invalidity pension application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [42981/14]

View answer

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 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.

Departmental Reports

Questions (170)

Richard Boyd Barrett

Question:

170. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Social Protection if her attention has been drawn to a report that was produced by one of her senior officials in February 2008 about a former employee (details supplied) in Dublin 6, which stated that she had been the subject of a written Garda complaint, when the gardaí have no record of this complaint; if her attention has been further drawn to the fact that the gardaí have no record of this complaint; and if she will make a statement on the matter. [43054/14]

View answer

Written answers

The above named person retired from the Civil Service in October 2001.

HR Division has informed me that when this person threatened physical violence against officers of the Department, the incident was brought to the attention of An Garda Síochána at the time. However, no official report was filed.

Carer's Allowance Appeals

Questions (171)

Dinny McGinley

Question:

171. Deputy Dinny McGinley asked the Tánaiste and Minister for Social Protection when a decision will be made on an appeal of carer's allowance in respect of a person (details supplied) in County Donegal; the timeframe involved in finalising such cases; and if she will make a statement on the matter. [43060/14]

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 23rd October 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 case in question will be referred to an Appeals Officer who will make a summary decision (average waiting time 31.1 weeks) on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing (average waiting time 35.5 weeks).

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.

Defined Benefit Pension Schemes

Questions (172)

Michael McGrath

Question:

172. Deputy Michael McGrath asked the Tánaiste and Minister for Social Protection the changes contained in both Social Welfare and Pensions Acts 2009 and 2013 in respect of the entitlements of deferred members of pension schemes in the event of the schemes being wound up; and if she will make a statement on the matter. [43087/14]

View answer

Written answers

Section 48 of the Pensions Act sets out the order (wind up priority order) in which the assets of a defined benefits pension scheme are distributed in the event of the wind up of a scheme. The wind up priority order was amended by the Social Welfare and Pensions (No.2) Act in 2013. Prior to these changes pensioner benefits were given priority over the benefits of active and deferred scheme members. The recent changes to the wind up priority order essentially de-prioritises a portion of pensioner benefits in the manner in which the resource of a scheme are distributed on the windup of a pension scheme. These changes make more resources of the scheme available in the initial distribution of assets to active and deferred scheme members. The impact of these changes will be determined by the level of funding in a pension scheme at the time of the wind up.

These recent changes to the Pensions Act are underpinned by additional measures which have been put in place by the Pensions Authority to assist pension schemes achieve a sustainable funding position. It is the medium term objective that all defined benefit schemes will achieve a level of funding which will include a funding risk reserve to protect the rights of scheme members against future volatility in financial markets.

Invalidity Pension Waiting Times

Questions (173)

John O'Mahony

Question:

173. Deputy John O'Mahony asked the Tánaiste and Minister for Social Protection the current waiting time for having applications processed and a decision made for invalidity pension; and if she will make a statement on the matter. [43112/14]

View answer

Written answers

The most recent figures available from end of September 2014 show that the average time taken to decide a new invalidity pension (IP) claim is 8 weeks. This excludes claims which are awarded following a review and/or appeal. It also excludes claims made under EU regulations or bilateral agreements which are more complex and take longer to decide. As at the end of October 2014 there were 2,364 IP claims registered, actioned, and awaiting information necessary to finalise a decision.

In addition, the Department has recently introduced a process whereby illness benefit (IB) recipients who are nearing the expiry of their limited duration IB payment are proactively reviewed to establish whether they may have a potential entitlement to invalidity pension. This process utilises the medical and contribution information already available to the Department. The customers so identified are required only to complete a short supplementary form, which is processed promptly on return to the department, ensuring an improved and streamlined customer service.

Social Welfare Appeals

Questions (174)

John O'Mahony

Question:

174. Deputy John O'Mahony asked the Tánaiste and Minister for Social Protection the number of cases that are under appeal for disability benefit, disability allowance, carer’s allowance, carer’s benefit, invalidity pension, illness benefit in tabular form; and if she will make a statement on the matter. [43114/14]

View answer

Written answers

The figures requested by the Deputy relating to the number of appeals presently on hand for the specified health-related payments are provided in the table below.

There has been a rapid and sustained increase in the number of appeals received in the Social Welfare Appeals Office since 2009 which has placed extraordinary pressure on the office. Up to 2009, the average number of appeals received was 15,000 per annum whereas in 2012, the number of appeals received peaked at 35,484, reducing to 32,777 appeals in 2013. In order to manage this increasing workload, significant resources and efforts have been put into reducing backlogs and improving appeals processing times for appellants, including the assignment of 15 additional Appeals Officers, in addition to 10 former Community Welfare Service Appeals Officers who joined the appeals office in 2011, bringing the total number of serving Appeals Officers to 41; reviewing and improving business processes; and implementing a new operating model within the appeals office.

These measures have also led to a significant increase in the annual number of appeals finalised in the appeals office from 17,787 in 2009 to 38,421 in 2013. An additional 5,863 appeals were finalised in 2013 compared to 2012. Good progress has also been made in reducing the number of appeals on hand from 20,414 at 1 January 2013 to 9,979 at 6th November 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.

Appeals on hand at 3 November 2014

-

No. of appeals

Disability Allowance

1,921

Illness Benefit

(Previously known as Disability Benefit)

453

Invalidity Pension

956

Carer’s Allowance

1,326

Carer’s Benefit

31

Carer's Allowance Applications

Questions (175)

Michael Healy-Rae

Question:

175. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding carer's allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [43134/14]

View answer

Written answers

I confirm that the Department received an application for carer’s allowance from the person in question on the 5th November 2014. Once processed, the person concerned will be notified directly of the outcome.

Question No. 176 withdrawn.

Farm Assist Scheme Appeals

Questions (177)

Michael Ring

Question:

177. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection when a farm assist review will be completed in respect of a person (details supplied) in County Galway considering that the review has been ongoing for several weeks; and if she will make a statement on the matter. [43161/14]

View answer

Written answers

The person concerned was being deducted €117 means from his weekly Farm Assist payment since April 2013. At a recent Oral Appeals Hearing regarding these means, the existence of further financial information was revealed by the person concerned. As a result, a Social Welfare Inspector has reassessed the means and a Deciding Officer has issued the decision by post to the person concerned.

State Pension (Contributory) Eligibility

Questions (178)

Terence Flanagan

Question:

178. Deputy Terence Flanagan asked the Tánaiste and Minister for Social Protection her plans to amend the law to allow workers to pay contributions after they reach their 66th birthday so that they can qualify for a full contributory old age pension; the reasons the age of 66 years was decided; and if she will make a statement on the matter. [43180/14]

View answer

Written answers

The State pension is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives and the reform measures introduced to date go somewhat toward that goal. To ensure that the individual can maximise their entitlement, all contributions paid over their working life from when they first enter insurable employment until pension age are taken into account when assessing whether they are entitled to State pension contributory, and the level of any such entitlement.

Once over 16, the date a person enters into insurance is taken as the date used for averaging purposes in order to qualify for a State pension.

To qualify for a state pension a person must:

- have at least 520 paid contributions and

- satisfy a yearly average test (a yearly average of 48 contributions paid and/or credited is required for a maximum rate pension, reduced rates may be paid at various levels where the yearly average is between 10 and 47).

The Social Welfare Consolidation Act 2005 defines insurable employment as "employment such that a person, over the age of 16 years and under pensionable age, employed in that employment would be an employed contributor".

Once a person reaches pension age he/she is no longer in insurable employment and therefore is not liable to pay PRSI contributions. There are no provisions in legislation which allow a person to pay contributions beyond pension age.

The majority of those aged over 66 would not qualify for a higher rate of State pension contributory if PRSI was levied on their current income. In many cases they are either in receipt of such a pension at the full rate, or they receive a pension which is not based on their PRSI record (e.g. a public service pension, or a State pension non-contributory). In many other cases, the additional contributions would not be sufficient to increase their yearly average above the threshold required for a higher rate of pension.

The introduction of a requirement for such people to pay PRSI on their income after 66 would not, therefore, be welcomed by the majority of pensioners.

In the longer term, by 2020, it is planned to introduce a total contributions approach to pension entitlement, replacing the current yearly average system, and issues such as longer working and incentives to encourage this will be considered as part of that reform.

Domiciliary Care Allowance Applications

Questions (179)

John McGuinness

Question:

179. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection if she will expedite an application for domiciliary care allowance and carer's allowance in respect of persons (details supplied) in County Kilkenny. [43190/14]

View answer

Written answers

The person concerned was notified on the 22nd October 2014 that her domiciliary care allowance application was successful and that the allowance has been awarded from 1st September 2014. The first payment of the allowance, along with arrears due, will issue on 18th November 2014.

I can confirm that an application for carers allowance was received from the person in question on 19th August 2014. The application is currently being examined by a Deciding Officer and the person concerned will be notified in writing of their decision as soon as possible.

Community Employment Schemes Data

Questions (180)

Lucinda Creighton

Question:

180. Deputy Lucinda Creighton asked the Tánaiste and Minister for Social Protection if she will itemise, in tabular form, all voluntary and community based organisations in Dublin 2, 4, 6 and 8 which have received community employment funding, or any other grant supports via her Department, or agencies under the aegis of her Department, from 2004 to 2014 inclusive. [43235/14]

View answer

Written answers

Following the amalgamation of FÁS into the Department in 2012 the statistics from that time onwards are more readily available and the reply, as discussed with the Deputy’s office, is in respect of community employment (CE) schemes funded in the relevant areas during this time.

There are currently a total of 36 (CE) schemes in Dublin 2, 4, 6, 6W & 8 postal codes, with an allocation of 1491 CE places including funded supervisory positions. In recent years there has been a focus, in the interest of enhanced efficiency, on amalgamating sub-schemes and consolidation of others where multiple schemes may have been associated with one sponsor for historical or geographical reasons. Accordingly the numbers of projects on a year-to-year basis may vary as these processes take place.

Numbers on some schemes may also vary within any given year on schemes and the Department liaises at local level with the projects on an ongoing basis, and may grant temporary additional places if there was a particular short-term need for them. If this need becomes more permanent and places are filled on a consistent basis, and if the overall budgetary figures allow, the places are granted to schemes on a more permanent basis. Expenditure will also fluctuate depending on the number of places on schemes at any one time, the type of allowance of the participant, i.e. single allowance or those with a family, the level and cost of training, and the materials budget of each scheme.

In addition, there are five job initiative (JI) schemes in the relevant areas and figures in respect of these are included. There are also three jobs clubs in these areas which cater for in the region of over 400 clients each annually. Below is a breakdown of the contracted numbers of employees per year and the projected contracted budget for each project:

Dublin 2, 4, 6, 6W & 8

Community Employment (CE) Schemes

-

Sponsor

Contracted Places 2012

Total

2012

Contracted Places 2013

Total

2013

Contracted Places

2014

Total 2014

1

CARMELITE FATHERS

52

509,710.15

47

463,307.96

44

490,081.36

2

AGE ACTION IRELAND LTD

53

504,547.75

52

489,076.81

52

538,077.32

3

CITY CENTRE VOLUNTARY GROUPS

59

535,340.93

57

513,568.26

50

450,498.47

4

DUBLIN SIMON COMMUNITY

27

357,165.10

20

222,923.93

26

371,038.08

5

JOBCARE LTD

77

892,094.56

77

893,243.54

77

1,148,001.72

6

Y.M.C.A CITY OF DUBLIN

44

420,744.96

40

397,341.06

35

451,115.04

7

SOUTH DUBLIN VOLUNTARY GROUPS

80

739,387.65

78

644,976.34

87

850,000.00

8

DONNYBROOKE CE SCHEME LTD

30

299,123.05

32

249,607.10

26

282,668.52

9

RINGSEND RESPONSE TO DRUGS

20

297,382.60

30

406,123.36

39

540,000.00

10

SANDYMOUNT COMMUNITY SERVICES

33

321,206.74

35

309,767.13

26

377,525.08

11

MULTIPLE SCLEROSIS CE LTD

27

284,299.09

32

298,945.45

27

324,621.36

12

CARERS ASSOCIATION NATIONAL OFFICE

16

188,006.93

16

178,887.97

16

178,887.97

13

FOCUS IRELAND

14

154,293.99

16

173,104.36

16

172,101.16

14

CITY OF DUBLIN ETB ARTSQUAD

40

407,518.73

40

495,246.72

32

484,970.16

15

CASADH LTD

55

539,166.58

58

584,705.01

58

575,459.00

16

MERCY FAMILY CENTRE

30

296,158.12

26

261,309.57

24

211,003.61

17

CHEEVERSTOWN INDUSTRIES LTD

23

320,005.36

23

302,439.68

25

359,261.52

18

MERCHANTS QUAY IRELAND

89

820,258.29

88

794,015.80

85

794,015.80

19

NCBI CHARITY SHOPS

43

371,619.46

35

335,530.37

26

332,472.01

20

RADE DRUG REHAB

17

373,839.64

17

353,688.52

24

411,719.00

21

WARRENMOUNT COMMUNITY EDUCATION AND DEVELOPMENT

22

216,540.67

24

204,321.87

17

256,483.00

22

SOUTH INNER CITY COMMUNITY DEVELOPMENT ASSOCIATION

24

353,197.30

25

390,156.15

21

309,492.88

23

ENERGY ACTION IRELAND

48

677,148.87

38

547,776.12

40

579,259.00

24

COMMUNITY ADDICTION PROGRAMME

37

427,485.75

37

483,992.98

25

424,969.52

25

ST ANDREWS RESOURCE CENTRE

102

1,066,779.00

100

1,229,324.40

100

1,543,014.72

26

IRISH AMATEUR BOXING ASSOCIATION

25

379,862.85

23

395,112.58

19

329,075.96

27

FOUNTAIN RESOURCE GROUP combined

66

819,164.70

66

819,164.70

69

978,102.26

28

DOVE

26

386,005.77

26

381,135.00

24

349,243.50

29

SOPHIA HOUSING ASSOCIATION LTD

105

1,494,068.98

105

1,494,068.98

93

1,323,318.24

30

THE COMMUNITY LINKS PROJECT

44

661,796.15

44

636,293.68

46

715,141.24

31

ST MICHAEL’S PARISH CE LTD

39

515,492.70

35

443,782.32

34

461,490.32

32

OBLATE

30

498,008.88

30

487,113.28

34

509,397.02

33

SAINT JOHN OF GOD C.S.LTD Combined

60

465,451.38

60

465,451.38

60

465,451.38

34

RIALTO DEVELOPMENT ASSOCIATION

27

329,326.00

31

392,681.22

26

355,687.70

35

DOLPHIN HOUSE COMMUNITY DEVELOPMENT ASSOCIATION LTD

32

459,026.54

35

470,661.09

31

462,033.04

36

FATIMA GROUPS UNITED LTD

50

760,028.36

50

760,028.36

57

733,367.89

Totals CE

17,921,578.82

17,442,207.28

19,139,044.85

Jobs Clubs

Sponsor

Contracted Places 2012

Total

2012

Contracted Places 2013

Total

2013

Contracted Places

2014

Total 2014

Canals Jobs Club Dublin 8

118,260.00

118,260.00

118,260.00

SICCDA

100,080.00

100,080.00

100,080.00

JOBCARE

193,918.00

193,918.00

193,918.00

Totals Jobs Clubs

412,258.00

412,258.00

412,258.00

Job Initiative

-

Sponsor

Contracted Places 2012

Total

2012

Contracted Places 2013

Total

2013

Contracted Places

2014

Total 2014

1

St Andrew’s Community Centre

24

614510.00

24

540795.84

23

518262.68

2

Ringsend

11

296505.14

11

269819.68

11

269819.68

3

South West Inner City Network

33

788082.36

33

720482.00

25

607817.08

4

Energy Action

7

172062.80

7

157732.12

7

157732.12

5

Canal Initiative

14

271743.42

14

247286.52

14

247286.52

Totals Job Initiative

2,142,903.72

1,936,116.2

1,800,918.1

Rent Supplement Scheme Administration

Questions (181)

Anthony Lawlor

Question:

181. Deputy Anthony Lawlor asked the Tánaiste and Minister for Social Protection in cases where tenants in receipt of rent allowance leave a tenancy without due notice leaving bills and rent outstanding, if details of their new address may be made available from the Department of Social Protection to the PRTB as part of the adjudications process in order that the PRTB can then serve papers to those tenants in respect of previous rent arrears; and if she will make a statement on the matter. [43282/14]

View answer

Written answers

Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). However, not all tenancies are required to be registered with the PRTB as the relevant legislation, the Residential Tenancies Act, provides for certain exceptions.

The Department works closely with the Private Residential Tenancies Board (PRTB) to help ensure that rent supplement tenancies comply with the statutory system of tenancy regulation and safeguards.

The Department advises the PRTB, on a quarterly basis, of all new rent supplement tenancies to assist them in implementing tenancy regulations and co-operates in any initiatives taken by the PRTB to ensure compliance with the provisions of the Residential Tenancies Act.

Departmental Offices

Questions (182)

Brendan Smith

Question:

182. Deputy Brendan Smith asked the Tánaiste and Minister for Social Protection if there will be no change to the status of her Department's office in Ballybay, County Monaghan; if there will be no reduction in the number of staff employed at that centre; and if she will make a statement on the matter. [43304/14]

View answer

Written answers

Twenty nine staff occupying two adjoining buildings on Main St. in Ballybay, Co. Monaghan were redeployed from the Department of Agriculture to the Department of Social Protection in July 2012. The staff are engaged in the processing of the Public Services Card. The operations have recently been expanded to include 8 additional temporary staff.

The current facilities in Ballybay are not considered appropriate for the existing business processes or to accommodate the recently expanded operation. Accordingly, options for suitable accommodation are being examined in advance of lease renewal deadlines in 2015.

Regardless of the course chosen, there will be no reduction in the number of staff permanently employed.

Social Welfare Schemes

Questions (183)

Mary Lou McDonald

Question:

183. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in Dublin 1 who had been in receipt of the diet supplement until beginning work on a community employment scheme, which left them over the income threshold for the duration of the scheme, is considered a new applicant for the purposes of applying for a resumption of the diet supplement and therefore will be denied access to the scheme; and if this treatment may be reconsidered on a humanitarian basis. [43316/14]

View answer

Written answers

Following Budget 2014, social welfare legislation was amended to provide that the diet supplement scheme was closed to new entrants from 1st February 2014. The person concerned had previously received this payment from December 2005 until July 2010 when he commenced a community employment scheme. As four years have elapsed since it was last paid, an application for a diet supplement received now would be treated as a new application, and therefore it is unlikely that he would qualify for the scheme.

There is no current claim from the person concerned for a diet supplement. However it is open to him to apply for this scheme and receive a decision to which he would have the right of appeal to the independent Social Welfare Appeals Office should he not be happy with it. The person concerned has a recent employment record and is in receipt of an invalidity pension from this Department. For an application for diet supplement to be considered, he would need to demonstrate that he qualified for the scheme on the grounds of his means prior to 1st February 2014.

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