Tuesday, 25 Nov 2014

Written Answers Nos. 165-179

Insolvency Payments Scheme Payments

Questions (165)

Willie Penrose

Question:

165. Deputy Willie Penrose asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 358 of 15 July 2014, the progress that has been made in amending the Protection of Employees (Employees Insolvency) Acts 1984 to 2006 to encompasses the definition of deemed insolvency in line with paragraph 4 of EU Directive 2008/94/EC, which would ensure employees have access to the insolvency payment scheme fund administered by her Department and which recognises the unfair position that currently prevails for such employees; and if she will make a statement on the matter. [45035/14]

Written answers

Tánaiste and Minister for Social Protection

My Department is continuing to review the position to establish what, if anything, can be done to progress payments to individuals in situations where employers cease trading without engaging in a formal winding-up process, and who owe moneys to their employees.

My officials are consulting with a range of interested parties including the Office of the Director of Corporate Enforcement, the Department of Jobs, Enterprise and Innovation and the Revenue Commissioners to establish what, if anything can be done to progress payments to individuals in these situations. To date my officials have had one formal meeting with the various parties mentioned above in connection with this issue and continue to engage with all relevant parties to try to progress the matter.

I am not in a position to indicate when this review will be completed.

Questions Nos. 166 and 167 withdrawn.

Maternity Benefit

Questions (168)

Dara Calleary

Question:

168. Deputy Dara Calleary asked the Tánaiste and Minister for Social Protection to outline the supports available to parents of children born via surrogacy; and her plans to review these supports in view of the recent Supreme Court decision. [45054/14]

Written answers

Tánaiste and Minister for Social Protection

The legislative provisions relating to maternity benefit and child benefit are contained in the Social Welfare Consolidation Act, 2005 and Statutory Instrument No. 142/2007 (as amended).

Entitlement to maternity benefit is subject to the following provisions:

- It being certified by a registered medical practitioner that it is expected that the woman will be confined in a week specified in the certificate;

- In the case of an employed person, it is certified by the woman’s employer that she is entitled to maternity leave under the provisions contained in the Maternity Protection Acts 1994 and 2004; and

- That she meets certain PRSI and employment conditions.

This means that entitlement to maternity benefit derives from entitlement to maternity leave under the Maternity Protection Acts. As surrogacy is not recognised under these acts, claims to maternity benefit involving surrogacy births can only be considered if there is a legislative change under maternity leave legislation. Issues relating to maternity leave are a matter for my colleague, Francis Fitzgerald T.D., Minister for Justice and Equality.

In respect of child benefit, payments are made to a single adult with whom a child normally resides. In situations other than where the qualified child is normally residing with his/her parents or step-parents, child benefit can be paid to the woman who has care and charge of the qualified child in the household in which the child normally resides. If there is no such woman in that household, child benefit can be paid to the head of that household.

This means that in the case of surrogacy that child benefit could be paid to an adult who normally resides with the child if the conditions above are satisfied.

Jobseeker's Allowance Payments

Questions (169)

Pat Deering

Question:

169. Deputy Pat Deering asked the Tánaiste and Minister for Social Protection if her attention has been drawn to the anomaly for casual workers who complete the UP16 form which allows 60% of their earnings to be deducted from jobseeker's allowance payments in the week worked, even though salary may not be paid until the following month, in some cases reducing the jobseeker's allowance payment to nil. [45063/14]

Written answers

Tánaiste and Minister for Social Protection

Jobseeker’s Allowance is payable where all the conditions for the scheme are satisfied. If a person finds employment their earnings are taken into account in determining their means. A disregard of €20 a day (up to a maximum of €60) applies up to a maximum of 3 days and the balance is assessed at 60%.

In determining the assessable income from insurable employment the following deductions are allowed: superannuation, additional voluntary contributions, PRSI, the pension levy and trade union subscriptions.

Jobseeker’s allowance is not payable where the average means are equal to or in excess of the relevant family rate of jobseeker’s allowance.

A person who has insufficient funds to meet their needs can apply for a payment under the Supplementary Welfare Allowance Scheme by contacting the Department’s nearest Intreo centre/Local/Branch Office.

Community Employment Schemes Eligibility

Questions (170)

Aengus Ó Snodaigh

Question:

170. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection if there was a change made to the rules governing the duration a person can be on a community employment scheme and whether a person's placement on a Tús scheme results in that person only being allowed to do a CE scheme for a shorter period than would otherwise be the case. [45068/14]

Written answers

Minister of State at the Department of Social Protection

With effect from 3rd April 2000, lifetime cumulative participation on CE by an individual is limited to:

- 3 years (156 weeks) for persons under 55 years of age;

- 6 years (312 weeks) for persons of 55 years of age up to State Pension age; and

- Eligible persons in receipt of a qualifying disability-linked Social Welfare payment will be eligible for one additional year on CE over the standard maximum participation caps, i.e. 4 years cumulative maximum time on CE for those under 55 years of age (Part-Time Job Option only), and 7 years cumulative maximum time for those between 55 and State Pension age (Part-Time Job Option only).

Participation on CE prior to 3rd April 2000 is not counted. Offshore island residents are exempt from this participation cap, subject to the availability of places on island-based CE schemes.

Tús participants, aged 25 or over, who arrange a direct transfer onto CE at the end of their 52-week Tús placement via their local DSP Intreo Office, are limited to one year’s CE participation before having to leave the scheme and re-qualify in the standard manner (i.e. 12 months in receipt of a qualifying social welfare payment to gain a further year on CE). All CE participants are subject to the above duration limits, so a jobseeker under 55 can avail of a maximum of 3 years on CE (but not in one block of time).

Where a former Tús participant has signed back on the Live Register, and wishes to apply for CE, their time spent on the Live Register prior to the Tús placement (1 year plus, by definition) is combined with the Live Register signing period after the Tús placement (1 week minimum) to allow them to become eligible for CE as a Jobseeker client. Time spent on Tús is ignored for CE eligibility purposes. This will allow them to participate for 1 year on CE before having to leave and requalify, as detailed above. If their cumulative Live Register signing time exceeds three years and they are 35 years of age or over, they may qualify for the Part-Time Job Option of CE, which allows up to three years continuous CE participation, subject to annually renewable contracts.

Question No. 171 answered with Question No. 160.

Question No. 172 withdrawn.

Employment Support Services

Questions (173)

Aengus Ó Snodaigh

Question:

173. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection if she will change the rules of the Tús scheme so that persons apply to participate; and if she will provide for accredited education and training of appropriate duration while on the scheme. [45131/14]

Written answers

Minister of State at the Department of Social Protection

Tús, the community work placement initiative introduced during 2011, provides short-term, quality work opportunities for those who are unemployed for more than a year. Some 7,865 are currently engaged on Tús as of 20th November 2014.

A key feature of Tús is that all selection is undertaken by random processes conducted at local level by the Department. The selection is focused on those on the Live Register for a year or more and in receipt of a jobseekers’ payment who have more limited job or work placement opportunities. Tús is part of a suite of interventions the Department funds that are designed to meet the priorities established by the Government in Pathways to Work. I do not consider that there is a need to change the selection process for Tús. A range of other schemes operate on a self-selecting basis whereby a person who is unemployed can apply to participate.

The objective of Tús is to maintain the work readiness of jobseekers and it is not proposed to provide accredited education and training given that such opportunities are provided under Community Employment. The Department provides a range of income support to support jobseekers and others who wish to engage in training and education. In the main, such supports are provided under the Back to Education programme.

Advice on the opportunities across a range of work placement, internships, self-employment, training and educational supports and options can be accessed via the Department’s offices and Intreo service and further information is available on the Department’s website – www.welfare.ie.

Question No. 174 answered with Question No. 144.

Disability Allowance Appeals

Questions (175)

Michael Healy-Rae

Question:

175. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection to outline the position regarding a disability allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [45146/14]

Written answers

Tánaiste and Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19th November 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.

Carer's Allowance Applications

Questions (176)

Bernard Durkan

Question:

176. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection to set out the progress to date in determination of an application for carer's allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45168/14]

Written answers

Tánaiste and Minister for Social Protection

I confirm that the person in question is currently in receipt of carer’s allowance (CA) in respect of one care recipient. I can further confirm that the department received an application on 8th July 2014 from the person in question for an increase in CA in respect of an additional care recipient.

The application is currently with a social welfare investigative officer for assessment of the level of care being provided and confirmation that all the conditions for receipt of carer’s allowance are satisfied. Once the investigative officer has completed and submitted the report a deciding officer will make a decision on her entitlement. The application will be processed as quickly as possible and when a decision is made the person concerned will be notified directly of the outcome.

Exceptional Needs Payment Applications

Questions (177)

Aengus Ó Snodaigh

Question:

177. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection to explain the reason a person (details supplied) in Dublin 8 was refused an exceptional needs payment to assist in paying a deposit and the first month's rent for a new dwelling; and whether the person will now be granted the payment. [45222/14]

Written answers

Tánaiste and Minister for Social Protection

On 10th November 2014 the person concerned inquired about applying for an exceptional needs payment to cover the cost of the first month’s rent for his new accommodation. The landlord for this accommodation does not accept rent supplement; the person concerned was therefore advised that an exceptional needs payment cannot be paid in lieu of rent supplement in circumstances where rent supplement is not accepted by a landlord.

The only financial assistance that the Department can provide is in respect of costs associated with a move, and any needs a person might have regarding the furnishing of new accommodation. The person concerned was provided with the necessary application form in the event that he wishes to apply for financial assistance in this regard.

There are no further options open to the person concerned in relation to assistance from this Department with his rent unless the landlord of his proposed new accommodation is willing to accept rent supplement.

Pensions Legislation

Questions (178)

Stephen Donnelly

Question:

178. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 58 of 17 September 2014, which confirmed that an important provision of the Pensions Bill was the establishment of a Pensions Board, now the Pensions Authority, which would, where necessary, take legal proceedings against the defaulting trustees or any other culpable person who failed to fulfil the duties imposed upon them by law, including trust law and the Pensions Act; whether she will further confirm that, as stated in the Pensions Authority publication (details supplied), the duties of pension scheme trustees under trust law include administering the trust in accordance with trust law, all other law and the terms of the trust deed and rules; and if she will make a statement on the matter. [45224/14]

Written answers

Tánaiste and Minister for Social Protection

The Pensions Authority has published a range of information booklets on various aspects of pension provision. The booklet you refer to provides guidance on the duties and responsibilities of the trustees of a pension scheme. In the introduction, it states that the trustees “have duties and responsibilities under trust law, under other relevant legislation and under the Pensions Act, 1990, as amended. In section 3 of the booklet, it is stated that the duties of pension scheme trustees under trust law include administering the trust in accordance with trust law, all other law and the terms of the trust deed and rules.

The application of the relevant law will depend on the context and activity of relevant scheme trustees.

Jobseeker's Allowance Applications

Questions (179)

Clare Daly

Question:

179. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection if her attention has been drawn to the case of a person (details supplied) in County Sligo who was informed on 29 September 2014 that she qualified for jobseeker’s transition allowance and that her first payment would be paid on 2 October 2014 at Sligo post office; if her attention has been further drawn to the fact that to date no payment has been provided at Sligo post office; the reason payments are not being made to this person; when payments will commence; and if she will make a statement on the matter. [45245/14]

Written answers

Tánaiste and Minister for Social Protection

The person in question applied for Jobseeker’s allowance transition (JST) and was provisionally advised she would qualify. When the application was more closely examined the officer dealing with the claim realised the person in question did not have an entitlement and telephoned the person in question advising her that a payment would not be made.

The person in question was advised of this decision in writing and has also been advised of her right to appeal this decision.