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Tuesday, 25 Nov 2014

Written Answers Nos. 150-164

State Pension (Contributory) Eligibility

Questions (150)

Catherine Murphy

Question:

150. Deputy Catherine Murphy asked the Tánaiste and Minister for Social Protection if her Department has encountered any unforeseen difficulties arising from the phasing out of the State pension transition payment; if in particular her Department has had difficulties reported to it of persons being forced to retire at 65 and move to a jobseeker's payment; if a particular cohort of persons have been adversely affected by the change; and if she is considering either re-introducing the payment or devising a compensatory payment for same; and if she will make a statement on the matter. [44858/14]

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Written answers

The existence of the State pension (transition) is historical and relates to the qualifying age for State pension (contributory) which, up until the early 1970s, was 70 years of age. State pension transition (known then as the Retirement Pension) was introduced at that time to bridge the gap for employees who had to retire at 65. The qualifying age for State pension (contributory) was subsequently reduced over time to 66 years, which left State pension (transition) effective for just one year. The Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. 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. State pension age will increase further to 67 in 2021 and 68 in 2028. The purpose of these changes is to make the pension system sustainable in the context of increasing life expectancy.

With increases in life expectancy, more people are living to pension age and living longer in retirement. The period for which an average pension will be paid will be greater than the period for which a pension is paid at present. The number of pensions is increasing by approximately 17,000 annually as a result of demographic change. This has obvious and significant implications in relation to the future costs of State pension provision. In 2013, despite reforms introduced in 2012, the Department had to make provision for an additional €190 million, and further increases are required year-on-year to just keep pace with this demographic change. Maintaining the rate of the State pension and other core payments is critical in relation to protecting older people from poverty.

Following on from its analysis of its award figures for State pension (transition) in 2011 and 2012 in order to establish the impact of the abolition of State pension (transition), the Department noted that only approximately 12.5 % came from employment, with over 50% coming from another social welfare payment, and the remainder coming from a combination of people already retired, paying credits or self-employed. This would indicate that a significant number of people have already left employment well in advance of pension age. It also reflects the fact that there is no statutory retirement age in Ireland. Responsibility for setting retirement age is a matter for the employer/employee relationship and the contract of employment. As a result, people can retire before or after State pension age.

While it is hoped that, where appropriate, workers will choose and be able to work to pension age and beyond if that is their choice, it is recognised that for some this is not viable and there are measures to support them in such circumstances. 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 jobseeker's entitlement relating to the second benefit year. A further provision states that 3 waiting days do not have to be served for jobseeker's assistance in the case of certain people aged between 65 and 66 years who have been in receipt of jobseeker's 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 have been placed on yearly signing and are given the option of transferring to EFT payments. Furthermore, they are not subject to mandatory activation measures or activation-related sanctions but may avail of employment support.

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.

Beyond the above measures, there are no plans to introduce a new payment, the effect of which would be to negate the decision to abolish State pension (transition) as the demographic reasons for the change remain. Doing so would contribute to the increase in the duration of the average pension, making the system unsustainable in the longer term.

Social Welfare Benefits

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if a travel allowance is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44862/14]

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Written answers

The person concerned is currently employed on a Community Employment (CE) scheme. According to the records of this Department the person concerned has not made a recent application for a travel allowance. It is open to the person concerned to make such an application by contacting her local Community Welfare Service.

Rent Supplement Scheme Eligibility

Questions (152)

Bernard Durkan

Question:

152. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 55 of 23 October 2014 if partial rent support may be considered in view of the fact that their spouse works part time and their rent is affected by the upward market trend; and if she will make a statement on the matter. [44863/14]

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Written answers

On receipt of up to date payslips that have been requested by the Department, the client’s means from employment can be assessed to establish eligibility.

Departmental Investigations

Questions (153)

Arthur Spring

Question:

153. Deputy Arthur Spring asked the Tánaiste and Minister for Social Protection if her Department has made a finding regarding a case (details supplied); and if she will make a statement on the matter. [44873/14]

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Written answers

My Department is committed to tackling all forms of shadow economy activity and, in this regard, Departmental inspectors carry out visits to a wide range of businesses, including building sites, as part of their on-going compliance operations. In many instances, such visits are undertaken jointly with other State agencies such as the Revenue Commissioners and the National Employment Rights Authority (NERA).

Such visits are ‘open ended’ fact-finding visits wherein evidence of compliance or non-compliance may be detected. Where evidence of non-compliance or misclassification of employment status is detected, appropriate action against those found to be non-compliant is taken.

A person’s or company’s compliance or employment status is confidential to that individual or entity. In that regard, the Department cannot give specific details of either on-going areas of concern or the outcome of their operations as that would contravene confidentiality and data protection.

Should any worker require a formal decision on the insurability of their employment, the Department will immediately facilitate this and also provide a single point of contact for them so that an early determination can be provided.

Questions Nos. 154 and 155 withdrawn.
Question No. 156 answered with Question No. 147.

Social Welfare Payments Administration

Questions (157)

Patrick O'Donovan

Question:

157. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection if she will provide a statement of social welfare payments from January 2013 to date in 2014 in respect of a person (detail supplied) in County Limerick; and if she will make a statement on the matter. [44919/14]

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Written answers

The person concerned was recently awarded disability allowance (DA) with effect from 31st July 2013. His first payment issued on 1st October 2014 at the rate of €155.30 per week. Fuel allowance was awarded with effect from 8 October 2014, bringing the current weekly amount payable to €175.30.

Any arrears due for the period 31st July 2013 to 30th September 2014 (less any overlapping payment or outstanding overpayment) will be calculated and will issue shortly.

Question No. 158 withdrawn.

Jobseeker's Allowance Eligibility

Questions (159)

Olivia Mitchell

Question:

159. Deputy Olivia Mitchell asked the Tánaiste and Minister for Social Protection if a person who is 64 and has already received nine months of jobseeker's benefit having been made redundant can still claim jobseeker's benefit when they turn 65 until they turn 66 and are eligible for the State contributory pension; and if she will make a statement on the matter. [44935/14]

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Written answers

If a person exhausts their entitlement to jobseeker’s benefit prior to their 65th birthday, on reaching 65 years the customer qualifies for unlimited jobseeker’s benefit up to the date on which they reach pensionable age (66 years) provided they have not less than 156 paid contributions since entering employment, satisfy the relevant contribution conditions and the period of unemployment is continuous.

In order to qualify for unlimited jobseeker’s benefit the scheme conditions of genuinely seeking work and being available for full-time work continue to apply to all jobseekers.

If a person exhausts their entitlement to jobseeker’s benefit or makes a new claim for jobseeker’s benefit during their 65th year, they may receive payment beyond 6 or 9 months, whichever is applicable, up to the date on which they reach pensionable age (66 years), provided they have not less than 156 paid contributions since entering employment and they satisfy the relevant contribution conditions.

Respite Care Grant Eligibility

Questions (160, 161, 171)

Mary Mitchell O'Connor

Question:

160. Deputy Mary Mitchell O'Connor asked the Tánaiste and Minister for Social Protection the reason persons (details supplied) who are mothers of adult children aged 16 years and over, who have Down's syndrome, have been refused the annual respite grant on grounds that they are working outside the home for more than 15 hours per week; and if she will make a statement on the matter. [44946/14]

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Mary Mitchell O'Connor

Question:

161. Deputy Mary Mitchell O'Connor asked the Tánaiste and Minister for Social Protection the reason a parent of a child with Down's syndrome aged over 16 and working outside the home for 16 hours per week at minimum wage, thus earning €17,888 per annum does not quality for the annual respite grant; and if she will make a statement on the matter. [44990/14]

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Mary Mitchell O'Connor

Question:

171. Deputy Mary Mitchell O'Connor asked the Tánaiste and Minister for Social Protection the reason a carer of a child aged over 16 who has Downs syndrome and who is in receipt of carer’s allowance automatically qualifies for the annual respite grant despite the fact that the child is attending secondary school/adult day services for at least 30 hours a week and therefore is in the care of the school during this period, and not in the care of the parent; the reason persons (details supplied) are being refused the annual respite grant; when she will put an end to this discriminatory practice and treat all mothers whether working full time inside or outside the home equally; and if she will make a statement on the matter. [45070/14]

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Written answers

I propose to take Questions Nos. 160, 161 and 171 together.

The Respite Care Grant (RCG) forms part of a range of illness, disability and carer supports provided by my Department to people with disabilities and those who care for them. The RCG is paid automatically to people in receipt of Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance or Prescribed Relative’s Allowance. Carers who are not in receipt of one of the above payments but who are providing full time care and attention are also eligible and can apply for the grant to a stand alone RCG section.

This full-time care provision is moderated by permitting the carer to work or engage in education or training for a maximum of 15 hours per week. There is no income limit. The limitation applies to hours of employment/training/education, regardless of income generated by this.

This moderation of the full time care provision represents a reasonable balance between meeting the requirement for providing full-time care for the care recipient and the needs of the carer to engage in employment or education. It also serves the additional purpose of reducing the social alienation experienced by many carers. During this period of employment or education or training, adequate provision must be made for the care of the relevant person. This 15-hour limitation is contained in the respective legislative provisions of the Carers Allowance, Carers Benefit and Respite Care Grant schemes, however, it does not apply in the case of the Domiciliary Care Allowance scheme. There are no plans to change the conditionality around the maximum hours at this time. Respite Care is not a means tested payment.

Supplementary Welfare Allowance Appeals

Questions (162)

Michael McCarthy

Question:

162. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection if she will provide an update on an appeal for supplementary welfare allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [45002/14]

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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 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 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.

Free Travel Scheme Eligibility

Questions (163)

Brendan Griffin

Question:

163. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 130 of 18 November 2014, if she will provide details of the estimated cost of extending the free travel scheme to epilepsy sufferers, who do not currently qualify for free travel and whose drivers' licences have been surrendered until they have gone a year without a seizure; and if she will make a statement on the matter. [45016/14]

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Written answers

There are currently approximately 800,000 people in receipt of free travel at an annual cost of €77 million per annum.

The free travel scheme is available to all people aged over 66 living permanently in the State. Applicants who are under age 66, including those with epilepsy and other long-term medical conditions, must be in receipt of a qualifying payment in order to qualify for the scheme. The qualifying payments for those aged under 66 are invalidity pension, blind pension, disability allowance, carer’s allowance or an equivalent social security payment from a country covered by EC Regulations or one with which Ireland has a Bilateral Social Security Agreement.

Any decision to extend the scheme to persons who are not in receipt of a primary qualifying payment would have budgetary consequences and would have to be considered in the context of budget negotiations.

The following information was provided under Standing Order 40A

My Department does not hold the information requested by the Deputy [on the estimated cost of extending the free travel scheme to epilepsy sufferers, who do not currently qualify for free travel and whose drivers' licences have been surrendered until they have gone a year without a seizure].

While some people with epilepsy who are unable to work may be able to apply for a disability type payment, such as disability allowance, illness benefit or invalidity pension, the Department does not maintain records of the specific medical conditions which qualify a person for receipt of a payment in a manner which would allow for the aggregation of medical data. The situation is the same for people who may apply for a payment and are refused, either on the basis of their medical condition or on a means test. Additionally, the Department would have no data whatsoever regarding people with epilepsy who have not applied for any social protection payment.

As the Department has no data on the number of epilepsy sufferers who do not currently qualify for free travel and whose drivers' licences have been surrendered until they have gone a year without a seizure, I am not in a position to estimate the cost of extending the free travel scheme to those people.

Jobseeker's Allowance Payments

Questions (164)

Bernard Durkan

Question:

164. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 142 of 4 November 2014, if she will review a jobseeker's allowance payment with a view to reinstating the original amount in the case of a person (details supplied) whose new claim arose from the Department withdrawing their previous payment; and if she will make a statement on the matter. [45020/14]

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Written answers

As stated in the previous answer to the Deputy, the person concerned had previously been in receipt of jobseeker’s allowance from 20th May 2011 until 15th July 2014. This claim was closed as the Department became aware that she was no longer at her stated address and her whereabouts at the time were unknown. Consequently, when the person concerned made a new claim for supplementary welfare allowance on 16th October 2014, it fell to be treated as a new claim and was awarded at the correct payment rate appropriate to her age in line with current social welfare legislation. There is no provision in current legislation for the person concerned to be paid supplementary welfare allowance at the rate at which she was previously receiving jobseeker’s allowance.

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