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Wednesday, 10 Dec 2014

Written Answers Nos 1-30

Departmental Expenditure

Questions (9)

Lucinda Creighton

Question:

9. Deputy Lucinda Creighton asked the Tánaiste and Minister for Social Protection if her Department has conducted a cost analysis of the additional 20 gardaí seconded to her Department to tackle social welfare fraud; the projected benefit to the Exchequer of the additional resources; and if she will make a statement on the matter. [47008/14]

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Written answers

The secondment of 20 Gardaí to the Department to assist the SIU with fraud investigation work took effect from last Friday, 5 December having been agreed earlier this year with the Minister of Justice and Equality and An Garda Síochána. Eight of the officers will be located in Dublin with the others being assigned to various urban locations around the country.

It is too early to predict with absolute certainty the precise additional financial savings that will arise; however, I am confident that additional exchequer savings will be generated. My Department believes that there is a strong case for greater investment on a value for money basis in this area especially when the value of the current control activity by the Department’s SIU is taken into consideration.

One of the key areas that the Department looks at in terms of measuring activity is the savings and overpayments generated by the Special Investigation Unit. In the period 2011 to 2013, the Special Investigations Unit (SIU) generated fraud control savings of over €193 million. This year, a further additional savings of €64.5 million has been achieved.

Consequently when additional resources are applied, we believe that there will be a commensurate increase in savings. Moreover, the additional resources can be targeted in sectors where social welfare fraud is most pronounced. The case for the provision of additional resources is also compelling for the following reasons:

- These resources will ultimately generate additional Exchequer savings;

- The administrative costs associated with the existing SIU resources is offset by a factor of about nine to one from the savings they generate;

- It will allow for activity in areas such as the black economy, multiple claiming and identity fraud to be intensified;

- It will enhance public confidence and the overall deterrence of social welfare fraud.

Overall, I am confident that it will be a very productive use of resources.

Question No. 10 answered orally.

Community Employment Schemes Eligibility

Questions (11)

Maureen O'Sullivan

Question:

11. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection if she will confirm that community employment schemes are now means tested; and if she will make a statement on the matter. [46999/14]

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Written answers

There has been no change made to the entry requirements for Community Employment. The criteria for participating on CE are based on age and length of time in receipt of various qualifying social welfare payments. The general conditions are that an applicant needs to be in receipt of a relevant welfare payment for a minimum period of 1 year. The qualifying social welfare payments include jobseeker’s allowance, one parent family payment, widow’s/widower’s/surviving civil partners contributory and non-contributory pension, deserted wife's benefit and farm assist.

The qualifying period is waived for Drug Rehabilitation clients where a separate referral process applies whereby medical practitioners and other agents can make the referral.

Once the entry qualifying criteria are satisfied, all Community Employment (CE) participants are guaranteed a minimum payment of €208 per week, regardless of means. Accordingly, if the weekly rate of the social welfare payment received by the participant was less than or equal to €188, the applicable CE allowance is €208 (including an increase of €20 per week).

If the welfare payment was more than €188, the applicable rate of allowance is the rate of the qualifying payment which was payable before commencement of CE plus €20 per week.

The welfare rate of payment such as jobseeker’s allowance for example is determined by calculating the participant’s maximum entitlement, that is, the personal rate, and the adult dependent and child dependent rates, if applicable. Household means are then deducted. If there are no household means, then the maximum applicable rate applies.

As CE placements last for at least one year, a change in family circumstances may occur during the placement (change in the number of dependants/change in household income, etc.). Participants are obliged to inform the Department of any such change that would affect the underlying entitlement rate payable (up or down).

Farm Assist Scheme Eligibility

Questions (12)

Charlie McConalogue

Question:

12. Deputy Charlie McConalogue asked the Tánaiste and Minister for Social Protection if she will reverse the changes she made to farm assist with respect to income disregards in view of the fact that it has had a serious negative affect on the income levels of struggling farming families; the reasons for not carrying out an analysis to assess the impact that the changes have made on those families; and if she will make a statement on the matter. [47091/14]

View answer

Written answers

This year the Department will spend approximately €91.6 million on the farm assist scheme benefitting around 9,900 farmers each week. The farm assist scheme provides support for farmers on low incomes and is similar to jobseeker’s allowance. Farm assist recipients retain the advantages of the jobseeker’s allowance scheme such as retention of secondary benefits and access to activation programmes.

All recipients of farm assist have benefitted from the Christmas Bonus paid last week and all recipients with children will also benefit next month from the increase in child benefit I announced in the Budget.

Changes introduced in Budgets 2012 and 2013 have brought farm assist into closer alignment with the jobseeker’s allowance scheme’s treatment of self-employed persons. Farm assist is a flexible payment and any farmer experiencing lower levels of income or cash-flow issues can ask their local social welfare / Intreo office to review the level of means applying to their claim.

The assessment of means for the purpose of qualifying for farm assist is designed to reflect the actual net income from farming. Income and expenditure figures for the preceding year are generally used as an indicator of the expected position in the following year. However, account is taken of any exceptional circumstances so as to ensure that the assessment accurately reflects the current situation.

The scheme will be kept under ongoing review by my officials and there are no plans to change the current scheme criteria.

Rent Supplement Scheme Eligibility

Questions (13)

Paul Murphy

Question:

13. Deputy Paul Murphy asked the Tánaiste and Minister for Social Protection if her Department has conducted research on the impact the reduction in rent supplement levels has had on the level of homelessness in the State; and if she will make a statement on the matter. [47089/14]

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Written answers

There are approximately 71,800 rent supplement recipients for which the Government has provided over €344 million for 2014.

The current rent limits came into effect from June 2013. Unlike the impression given in the question, there were no reductions applied to rent limits at that time. Importantly, rent limits in Dublin and Galway were increased, with Dublin limits increasing by a weighted average of 9%.

The current review of maximum rent limits undertaken by the Department is nearly finalised. In this regard, raising rent limits at this time may not be the solution to the problems in this area as it is likely to add to further rental inflation and could impact, not alone on rent supplement recipients, but also on many lower income workers and students. I am keeping the matter under close review.

The homelessness issue is about more than just funding and accommodation. A collaborative approach including all stakeholders including the government, local authorities, state agencies, voluntary services and the general public is required to address the difficult and complex issues around homelessness.

The Department of Social Protection has put measures in place to ensure that the housing needs of rent supplement customers who are in danger of becoming homeless are being addressed by providing for increased flexibility in the administration of the rent supplement scheme.

A notice reminding all staff, of their statutory discretionary power to award, on a case by case basis, a supplement for rental purposes in exceptional cases for example, when dealing with applicants who are at risk of losing their tenancy was circulated earlier in the year and further instruction has issued this week.

The tenancy sustainment protocol with the Dublin local authorities and voluntary organisations is designed to protect families on rent supplement who are at risk of losing their accommodation from becoming homelessness. The Department has provided support through increasing rent limits for some 240 families since its launch in mid-June.

Staff outside the Dublin region are also increasing rental payments as necessary and are actively engaging with the various organisations involved in homelessness. The Department is reviewing the local arrangements in place throughout the country to strengthen the existing framework to ensure that the necessary supports continue to be provided in a consistent manner.

Rent Supplement Scheme Payments

Questions (14)

Mick Wallace

Question:

14. Deputy Mick Wallace asked the Tánaiste and Minister for Social Protection if she is satisfied that current levels of rent supplement are adequate to meet the housing needs of recipients, particularly in view of increasing rental prices; and if she will make a statement on the matter. [47080/14]

View answer

Written answers

I am keeping the matter regarding rent limits under consideration and the review being undertaken by the Department will be finalised shortly. Raising rent limits may not be the solution to the current problem as it is likely to add to further rental inflation and could impact, not alone on rent supplement recipients, but also on many lower income workers and students.

The Department has put measures in place to ensure that the housing needs of rent supplement customers throughout the country who are in danger of becoming homeless are being addressed by providing for increased flexibility within the administration of the rent supplement scheme. Earlier this year, a notice was circulated reminding all staff, including those operating in the Wexford area, of their statutory discretionary power to award a supplement for rental purposes, for example, when dealing with applicants who are at risk of losing their tenancy. Further instruction has issued this week in this regard.

Staff are increasing rent supplement payments as necessary and are actively engaging with the relevant local authorities and various local organisations involved in homelessness. The Department is reviewing the local arrangements in place to strengthen the existing framework to ensure that the necessary supports continue to be provided in a consistent basis on a national level.

Where a person in receipt of rent supplement is at risk of losing their tenancy they are advised to contact their local Community Welfare Service responsible for their claim as soon as possible.

Farm Assist Scheme Eligibility

Questions (15)

Charlie McConalogue

Question:

15. Deputy Charlie McConalogue asked the Tánaiste and Minister for Social Protection if she has carried out an analysis on the impact her changes to farm assist with respect to income disregards have had on farmers; if she will reconsider the changes she has made; and if she will make a statement on the matter. [47087/14]

View answer

Written answers

This year the Department will spend approximately €91.6 million on the farm assist scheme and it is expected that 9,900 individuals will be in receipt of this payment each week. The farm assist scheme provides support for farmers on low incomes and is similar to jobseeker’s allowance. Farm assist recipients retain the advantages of the jobseeker’s allowance scheme such as retention of secondary benefits and access to activation programmes.

Changes introduced in Budgets 2012 and 2013 have brought farm assist into closer alignment with the jobseeker’s allowance scheme’s treatment of self-employed persons.

Farm assist is a flexible payment and any farmer experiencing lower levels of income or cash-flow issues can ask their local social welfare / Intreo office to review the level of means applying to their claim.

The assessment of means for the purpose of qualifying for farm assist is designed to reflect the actual net income from farming. Income and expenditure figures for the preceding year are generally used as an indicator of the expected position in the following year. However, account is taken of any exceptional circumstances so as to ensure that the assessment accurately reflects the current situation.

As part of the normal budget process, all potential budget measures, including any changes to the farm assist scheme, are assessed in terms of the impact they would have if introduced. The scheme is kept under ongoing review by my officials. There are no plans to change the current scheme criteria.

Community Welfare Services Provision

Questions (16)

Mattie McGrath

Question:

16. Deputy Mattie McGrath asked the Tánaiste and Minister for Social Protection her plans for re-opening the nine community welfare clinics, including those closed in Clogheen, Ardfinnan, Newcastle and New Inn, County Tipperary in September 2013; if she will maintain that the current level of services provided since the closures are sufficient; and if she will make a statement on the matter. [46998/14]

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Written answers

A key objective of the transfer of the Community Welfare Service (CWS) from the Health Service Executive to the Department on 1 October 2011 was to provide a streamlined and consistent service to the customer.

The Department has since re-engineered its business model to support the provision of integrated services across all business streams involved in the delivery of localised services and has examined the operation of all its services in the context of the Pathways to Work commitments and the development of Intreo services nationally. This resulted in a rebalancing of resources across the Department’s range of activities including the relocation of some staff to main centres, primarily Intreo offices.

Where the CWS has been re-structured, alternative arrangements have been put in place to ensure that customers are provided with on-going access to the supports provided by the service. If a person is unable to travel to a new clinic, for example due to illness, alternative arrangements are in place including arranging a visit to the client’s home if necessary.

The Department’s services are continually monitored and kept under review by management to ensure that the best use is made of all available resources with a view to providing an efficient service. I am very conscious of the need to provide efficient and effective customer facing services at a local level for clients of the Department. It is therefore essential that the services provided are reconstituted to meet the changing needs of Irish society.

There are no plans to re-open the CWS clinics referred to and the level of service at the alternative clinics has not changed since September 2013. Customer feedback has indicated that the level of service provided is sufficient with waiting times being reduced due to the introduction of an appointment system.

Carer's Allowance Eligibility

Questions (17)

Aengus Ó Snodaigh

Question:

17. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection her views on the current application process for carer's allowance being unsuitable with respect to those looking after persons with learning disabilities or autism; the reason for the delay in taking steps to reform the system; her plans to reform the system; and the expected date by which new application forms and guidance for deciding officers will be in place. [47082/14]

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Written answers

I should state at the outset that eligibility for Carer’s Allowance is not based on the type of impairment or disease but on the level of the care requirement consequent on the impairment.

Carers’ Allowance is payable to those providing full-time care and attention to a care recipient where the recipient of care is aged 16 or over and so incapacitated as to require full-time care and attention or aged under 16 and getting a Domiciliary Care Allowance.

The person receiving care is regarded as requiring full-time care and attention where he or she is so incapacitated as to require continuous supervision in order to avoid danger to him or herself or continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and he or she is so incapacitated as to be likely to require full-time care and attention for a period of at least 12 months

However, the Department, in consultation with carers’ representatives has reviewed aspects of its communications with parents when a child reaches 16 and no longer qualifies for Domiciliary Care Allowance. This necessitates a review of entitlement to Carers’ Allowance to ensure that the appropriate care conditionality is satisfied. There has been a long-standing process of communicating with parents, six months in advance of the child reaching 16, advising them of the requirement to review their entitlement to Carers’ Allowance and of the potential entitlement of the child to Disability Allowance. This gives time for the parents to collate and supply the information required for the purposes of establishing entitlement to Carer’s Allowance.

The notification to parents that issues in advance of the child reaching 16 is now being revised to advise them of the importance of providing the Department with full and comprehensive information on the current and ongoing care requirements of the child.

Also, it is important to note that where CA claims for former DCA recipients are being reviewed upon a child reaching 16, the claims remain in payment while the review is underway, even if the child has already reached 16.

Social Welfare Code Reform

Questions (18)

Catherine Murphy

Question:

18. Deputy Catherine Murphy asked the Tánaiste and Minister for Social Protection if her attention has been drawn to the fact that where a young person who is having a domiciliary care allowance payment awarded in respect of them reaches 16 and applies for a welfare payment in their own right, pending the successful outcome of that application the parent-guardian concerned loses their payment entirely, and must wait to apply for a carer's allowance payment to be successful before having key financial support restored; her views that this creates a very serious lack of support for vulnerable families during this period; her plans to help alleviate this pressure; and if she will make a statement on the matter. [47092/14]

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Written answers

In 2014 the Department will spend a total of almost €2 billion in respect of the three schemes mentioned, domiciliary care allowance (DCA), disability allowance (DA) and carer’s allowance (CA).

The review of the continued entitlement of a former DCA recipient (parent/guardian) to CA is not dependent in any way on whether the child who turns 16 years either claims or is entitled to DA. Also, it is important to note that where CA claims for former DCA recipients are being reviewed upon a child reaching 16, the claims remain in payment while the review is underway, even if the child has already reached 16.

Upon the child reaching 16 years, DCA is no longer payable. It is open to the child to apply for disability allowance (DA). In respect of CA claims for children under 16, the care requirement for the care recipient are deemed to be satisfied where DCA is in payment in respect of that child. CA must be reviewed once a care recipient reaches 16 years in order to ensure that the care requirement of the child meets the statutory conditions for receipt of CA.

There has been a long-standing process to notify DCA recipients at least 6 months in advance that DCA will stop when the child reaches 16 and that continued entitlement to CA would be reviewed. The purpose of that communication is to ensure that parents are aware of what is going to happen, their future options and to give them time to gather the necessary information. That communication also draws the attention of the parent to the potential eligibility of the child for DA.

Recently, the Department decided to review its communications with parents who are in receipt of both domiciliary care allowance (DCA) and carer's allowance (CA) for children who are reaching 16 years.

In order to ensure that the parent supplies sufficiently detailed information from the child's doctor(s) and other healthcare professionals, schools etc., the notification to the parent that issues in advance of the child reaching 16 will be revised to state the conditions which need to be met in relation to CA (which are not the same as those for receipt of DCA) and to advise them of the importance of providing the Department at the outset with full and comprehensive information on the current and ongoing care requirements of the child. It is hoped that this will reduce the number of CA cases that are stopped at first instance but subsequently reinstated upon review of additional information supplied. The Department is liaising with the groups involved as part of this review.

Community Employment Schemes Funding

Questions (19)

Mattie McGrath

Question:

19. Deputy Mattie McGrath asked the Tánaiste and Minister for Social Protection her Department's commitment to the future of the community employment schemes; and if she will review a matter (details supplied) regarding community employment supervisors; and if she will make a statement on the matter. [46997/14]

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Written answers

Community employment (CE) is the largest employment programme of the Department. It aims to enhance the employability and mobility of disadvantaged and unemployed persons by providing work experience and training opportunities for them within their communities. In addition, it helps long-term unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to work routine. CE schemes are typically sponsored by groups wishing to benefit the local community, namely voluntary and community organisations and, to a lesser extent, public bodies involved in not-for-profit activities. Such projects provide a valuable service to local communities while, at the same time, providing training and educational opportunities to job-seekers.

In 2013, the Department provided an additional 2,000 places bringing the number of CE places to 25,300 for 2014. There are approximately 1,000 CE schemes throughout the country at any one time providing services which range from childcare and social care to community support and drug rehabilitation. The budget for 2015 is €357m which is an increase of circa €22m on this year to reflect the full year implementation costs of the additional 2,000 places next year. The Department is fully committed to the future of this programme and will continue to support and improve the programme for the benefit of the participants and the valuable contribution it makes to local communities.

With regard to a CE pension scheme, in July 2008, the Labour Court recommended that an agreed pension scheme should be introduced for CE supervisors and assistant supervisors and that such a scheme should be adequately funded by FÁS, the agency responsible for CE at that time. The Department of Social Protection is now responsible for CE.

Notwithstanding the position of this Department in rejecting that liability for these costs should be met from public funds, this matter has been the subject of discussions with the Department of Public Expenditure and Reform (D/PER) and the unions representing CE supervisors. The D/PER’s position, as outlined to the unions, is that companies contracted by the State to provide a service, including in the community sector, will have to manage their expenditure pressures, including labour and pension costs, from within existing funding levels.

Given the level of funding that would be required from the Department, the implementation of the claim is not considered sustainable in light of the current and on-going fiscal environment and the requirement to contain public expenditure. The costs of the introduction of any scheme are likely to be of the order of €3m per annum.

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 the sponsoring organisations. The responsibilities of the sponsoring organisations as employers and the individuals concerned as employees must also be considered.

Employers (including CE Sponsoring Organisations) are legally obliged to offer access to at least one Standard Personal Retirement Savings Account (PRSA) under the Pension (Amendment) Act 2002. All CE sponsoring organisations were informed of their responsibilities under this Act at that time.

It should also be noted that CE Supervisors may also qualify for the State Pension at 66 years of age. If they have accrued sufficient PRSI contributions (520 contributions @ full rate, equivalent to 10 years contributions) they will qualify for the State Pension (Contributory), which is not means-tested. In the event that there are insufficient contributions, the person may qualify for the State Pension (Non-Contributory), provided they satisfy the means test.

Exchequer Savings

Questions (20)

Catherine Murphy

Question:

20. Deputy Catherine Murphy asked the Tánaiste and Minister for Social Protection if her attention has been drawn to the fact that the reported budgetary savings made in her Department throughout her time as Minister that have had a real and adverse effect on the quality and efficiency of the service provided to citizens who access their services; and if she will make a statement on the matter. [47093/14]

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Written answers

The Department administers over 70 separate schemes and services and serves a wide and diverse group of customers including families, people in employment, unemployed people, people with disabilities, carers, and older people.

The overall aim of the Department is to provide people with the information, financial support and other services that they require in a timely and customer friendly way. The Department is committed to delivering a high quality customer service to all its customers. Each week the Department delivers social welfare payments to in excess of 1.5 million customers. In 2013, it answered 8.3 million telephone calls, processed 2.1 million applications and carried out 1.1 million control reviews.

The Department’s Customer Charter and Action Plan 2013 - 2015 sets out the level of service customers can expect when dealing with the Department and its commitment to provide a professional, efficient, courteous and timely service to all customers. The Customer Charter is prominently displayed in all public offices and is also available on the Department’s website at www.welfare.ie.

I wish to assure the Deputy that the Department is committed to ensuring that a customer service ethos is embedded in everything it does and is embraced by everyone in the organisation. Accordingly, since 2011, almost 3,000 staff throughout the Department have been supported with learning and development in the area of customer service, as part of a comprehensive suite of training.

In the event a customer is dissatisfied with the standard of service they receive, they should contact the staff member or section involved to have the matter resolved. If this does not resolve the issue to their satisfaction, they can make a formal complaint to the Quality Customer Service Team in person, by telephone, in writing or on line at www.welfare.ie . Their complaint will be dealt with promptly, fairly and impartially. Receipt of the complaint will be acknowledged, and it will be referred to a complaints officer for investigation. A response to the customer normally issues within 15 working days of the date of receipt of the complaint. If the complaint remains unresolved, the customer has the right of further appeal to the Office of the Ombudsman. The table below provides a summary of the formal complaints received for the past four years.

Year

2011

2012

2013

2014 (to date)

No. of complaints recorded

1,734

1,566

1,215

978

In recent years, the Department streamlined and enhanced its structures and processes when faced with increasing numbers of customers across the spectrum of its schemes and services during a period when the Government had committed to reduce public sector spending. This redesign included the roll out of a new integrated Intreo model of service delivery nationwide. To date, some 44 of the Departments social welfare local offices have been re-launched as Intreo centres, with work continuing the remaining 16 offices. The Intreo model provides for the seamless integration of services to jobseekers from the first day of their unemployment until their return to work. It involves the traditional claims process allied with the Department's activation supports and recourse to the Department's Community Welfare Service where required.

I wish to advise the Deputy that the Department is fully committed to ensuring that claims are processed as expeditiously as possible and that backlogs of claims are kept to a minimum. Each scheme area is continuously monitored and reviewed to ensure customers are responded to as quickly as possible. Where difficulties arise, the Department moves to address these as speedily as possible, within the operating constraints in place. In this regard, the Department has had major success in clearing backlogs, notably in the disability and caring schemes. It must also be remembered that processing times vary across schemes, depending on the differing qualification criteria. Schemes that require a high level of documentary evidence from the customer, particularly in the case of illness-related schemes, can take longer to process. Similarly, means-tested payments can also require more detailed investigation and interaction with the applicant, thereby lengthening the decision making process.

As part of the Department’s programme of service delivery modernisation, a range of initiatives aimed at streamlining the processing of claims, supported by modern technology, have been implemented in recent years. Operational processes, procedures and the organisation of work are continually reviewed to ensure that processing capability is maximised.

In addition, the staffing needs of the Department are regularly reviewed, having regard to workloads and the competing demands arising, to ensure that the best use is made of all available resources.

Private Rented Accommodation Costs

Questions (21)

Maureen O'Sullivan

Question:

21. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection in view of the welcomed partial return of the Christmas bonus for social welfare recipients if she will acknowledge the need for a similar gesture by legislating to stop the discriminating practice of allowing the no rent allowance advertisement accompanying rental properties as it is contributing to making it impossible for persons on rent allowance to find a place to live; and if she will make a statement on the matter. [47000/14]

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Written answers

The reintroduction of the Christmas bonus, albeit on a partial basis, along with the other welfare measures announced in the Budget are real indicators of the economic recovery and the Government’s ambition to ensure it will be a recovery felt by all. This is the first Budget where we have had the scope to make real positive improvement for welfare recipients. This is evidenced by the €65 million we are spending on the Bonus as well as €198 million of new welfare developments which I announced in the Budget and which will come into effect next year. It is hoped that with the continuing betterment of economic conditions, further resources will be freed up for future Budgets.

In relation to rent supplement, it is clearly my preference that a person should not be refused accommodation due to the fact that they are receiving financial support from the State. This position has been advised to the two larger property website owners in terms of their advertising, following which, one subsequently removed the reference to rent supplement on their website. Officials in the Department are also engaging with those in the Department of Justice and Equality in regard to this matter.

However, the fact that approximately 71,800 people are in receipt of rent supplement, of which some 19,000 were awarded this year, shows that a significant number of persons are being accommodated by landlords under the scheme.

It is open to any person who has been refused a private tenancy and who feels discriminated against on the basis of his or her gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Travelling community to refer a discrimination complaint to the Equality Tribunal under the Equal Status Acts.

Irish Airlines Superannuation Scheme

Questions (22)

Clare Daly

Question:

22. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection if she will liaise with the Department of Transport, Tourism and Sport to initiate an investigation into the sale of commercial property in 2013-14 by the trustees of the Irish Airlines Superannuation Scheme; and the implications for the pensions of the members of the scheme. [47001/14]

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Written answers

The Pensions Authority has the power under section 18 of the Pensions Act to investigate the state or conduct of a pension scheme. I would ask you to bring any concerns you have in relation to the conduct of the Irish Airlines Superannuation Scheme to the attention of the Pensions Authority. The Authority can then consider whether or not these concerns warrant an investigation under section 18 of the Pensions Act.

Personal Insolvency Practitioners

Questions (23)

Gabrielle McFadden

Question:

23. Deputy Gabrielle McFadden asked the Tánaiste and Minister for Social Protection if she will explore with the Departments of Justice and Equality and Finance the possibility of putting together a financial assistance programme for social welfare recipients seeking bankruptcy declarations to allow them to engage the services of a Personal Insolvency practitioner; and if she will make a statement on the matter. [47090/14]

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Written answers

The reduction in the bankruptcy period from 12 to 3 years, and the reduction from €1,400 to approximately €700 in the official costs associated with bankruptcy have made bankruptcy a more viable option for a debtor struggling with debt to return to solvency.

I am advised by my colleague the Minister for Justice and Equality, with responsibility for the Insolvency Service of Ireland, that a number of personal insolvency practitioners do not charge an upfront fee for an initial consultation. The Insolvency Service of Ireland does not prescribe practitioner fees. Fees are negotiated by the Personal Insolvency Practitioner in each individual case. Ultimately, such fees are paid out of funds available to creditors after Reasonable Living Expenses.

Additionally, in order to remove any perceived barrier to seeking help, the Insolvency Service of Ireland has suspended all application fees for debt solutions until the end of 2015. Previously, these fees were €100 for a Debt Relief Notice, €250 for a Debt Settlement Arrangement and €500 for a Personal Insolvency Arrangement.

At my request, the Citizens Information Board, together with the Money Advice and Budgeting Service (MABS), established an approved intermediary service to assist individuals through the application process for a Debt Relief Notice. Approved intermediaries do not charge a fee for their assistance to debtors applying for a Debt Relief Notice. To date, over 200 Debt Relief Notices have been granted.

I am satisfied that the combination of these measures makes the various services accessible.

Social Welfare Fraud Investigations

Questions (24)

Denis Naughten

Question:

24. Deputy Denis Naughten asked the Tánaiste and Minister for Social Protection her views to review the monitoring mechanisms employed to reduce fraudulent payment of child benefit; and if she will make a statement on the matter. [46996/14]

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Written answers

Child benefit is a payment to parents for the support of their children. It is paid to some 616,276 families in respect of 1.18 million children as at 30 November 2014, with an expenditure of approximately €1.9 billion in 2014.

Safeguarding the child benefit budget is a priority and, in this regard the Department has taken a proactive approach to ensuring that it is only paid to eligible families. A policy of issuing continuing eligibility certificates to parents commenced in 2008 and is still in operation. The control policy for the scheme was reviewed in 2010 to ensure that controls in place to prevent fraud and abuse continue to be effective and relevant. As a result of this review, additional enhanced and updated control measures have been devised and implemented.

The child benefit control programme is kept under regular review based on the outcomes achieved. The total savings from child benefit control activity was €74 million in 2013. The Department has issued 380,000 continuing eligibility certificates to customers in 2014 and has generated €61 million in savings as at the end of October.

I am satisfied that appropriate controls are in place and implemented, ensuring child benefit is only paid to eligible families.

Employment Support Services

Questions (25)

Lucinda Creighton

Question:

25. Deputy Lucinda Creighton asked the Tánaiste and Minister for Social Protection if she will provide an update in respect of her Department's plans to require jobseekers to upload a copy of their CV to continue receiving social welfare payments; and if she will make a statement on the matter. [47009/14]

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Written answers

JobsIreland (www.jobsireland.ie) is a free vacancy advertising and job search service provided by the Department of Social Protection to support both employers and jobseekers.

Jobseekers may search for jobs opportunities by accessing the Jobs Ireland website, the Jobseeker app or by visiting their local Intreo/Employment Centre. To connect employers with prospective employees who meet their recruitment needs, the Department also identifies and notifies potential suitable candidates of available job opportunities.

In order to improve the job/candidate matching capability of JobsIreland, a tender process is currently underway for a new job matching system. Subject to the outcome of the tender process it is anticipated that the new system will go live during 2015. Improving the job/candidate matching capability of this service will incentivise employers to use the service to provide more jobs for those who are unemployed.

This addresses one of the key pillars of Pathways to Work 2015 which is to ensure better engagement with people who are unemployed, so that in addition to the right of accessing efficient, work-focused income supports, unemployed clients also have a responsibility to engage with employment services, which is tailored to the client’s individual profile. One of the actions identified under this pillar is to make it a condition for receipt of jobseekers payments that jobseekers upload CVs to the JobsIreland.ie or other employment sites at the request of their case officer.

In order to populate the new job matching site with sufficiently detailed candidate profiles to enable employers match their job requirements with suitable candidates, jobseekers will be asked to upload their CVs on JobsIreland and other similar employment sites. In addition to providing evidence to the Department that the jobseeker is genuinely seeking, and available for, employment this will bring benefits to the jobseeker as it will improve their chances of being ‘matched’ with employers in three ways.

First, the new Jobslreland service will itself automatically match candidate profiles with suitable jobs and will notify both the jobseeker and the employer of the match details.

Second, employers will have the ability to refine the search parameters and conduct an ‘advance’ search for job for candidates with specific skills, qualifications and/or experience.

Third, jobseekers will have a similar search capability and will, by examining matching results, be able to refine the presentation of their CV to maximise its likelihood of being identified as a match for particular job types.

It is important to note that, unless otherwise specified by the jobseeker, candidate personal information, such as name and address, will not be visible to employers or other users. Instead candidate ID numbers will be used and these will enable prospective employers to communicate with jobseekers using messaging functionality on the system.

In addition jobseekers will only be requested to upload their CV in circumstances where their case worker is of the opinion that it is appropriate to do so. In particular it is not intended that jobseekers with significant barriers to employment, for example literacy problems, will be requested to upload their CV. Such jobseekers will, as is the practice at the moment, be referred to appropriate service interventions.

Rent Supplement Scheme Payments

Questions (26)

Ruth Coppinger

Question:

26. Deputy Ruth Coppinger asked the Tánaiste and Minister for Social Protection if she will increase the rent supplement levels; her views that such an increase will have an immediate effect on the reduction of homelessness; and if she will make a statement on the matter. [47079/14]

View answer

Written answers

There are currently approximately 71,800 rent supplement recipients for which the Government has provided over €344 million for 2014.

I am keeping the matter regarding rent limits under consideration and the review being undertaken by the Department will be finalised shortly.

The Department is in a position of both significant influence in the private rented market and responsibility. There is a real concern that increased rent limits may add to further rental inflation and impact, not alone on rent supplement recipients, but also on many lower income workers, their families and students. Increasing limits will yield only a very marginal increase in available supply for rent supplement recipients with the only certainty that raising limits will increase costs disproportionately for the Exchequer with little or no new housing available to new recipients.

Increasing both public and private housing supply and the reactivation of the construction activity is a critical issue at this time and the resolution of the housing supply situation is a key element in restoring stability to the rental market which the Government is addressing through Construction 2020 and the recently published Social Housing Strategy.

I can assure the Deputy that officers administering rent supplement throughout the country have considerable experience and make every effort to ensure that accommodation needs are met including through the use of their discretionary statutory powers as necessary and, in Dublin, through the Interim Tenancy Sustainment Protocol (ITSP). A notice reminding staff of their statutory discretionary power to award, on a case by case basis, a supplement for rental purposes in exceptional cases, for example, when dealing with applicants who are at risk of losing their tenancy was circulated in July 2014 and further instruction has issued this week to ensure consistency throughout the country. Rent supplement payments are being made in excess of the maximum limits throughout the county, including some 240 cases under the ITSP, in order to maintain tenancies and prevent the occurrence of homelessness.

I strongly advise that where a person in receipt of rent supplement is at risk of losing their tenancy they should make contact with the Tenancy Protection Service provided by Threshold in Dublin on 1800 454 454 or their local Community Welfare Service throughout the country.

Labour Court Recommendations

Questions (27)

Patrick O'Donovan

Question:

27. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection her plans to put a mechanism in place to implement the Labour Court recommendation of 2008 in regard to an agreed pension scheme proviso for community employment supervisors and assistant supervisors; and if she will make a statement on the matter. [42006/14]

View answer

Written answers

The Department’s position remains as outlined in the previous answers to the Deputy’s question on this topic. I refer you to Questions 98 and 99 of 21 October 2014.

In July 2008, the Labour Court recommended that an agreed pension scheme should be introduced for Community Employment (CE) scheme supervisors and assistant supervisors and that such a scheme should be adequately funded by FÁS, the agency responsible for CE at that time. The Department of Social Protection is now responsible for CE.

Notwithstanding the position of this Department in rejecting that liability for these costs should be met from public funds, this matter has been the subject of discussions with the Department of Public Expenditure and Reform and the unions representing CE supervisors. The Department of Public Expenditure and Reform has stated to the unions that companies contracted by the State to provide a service, including in the community sector, will have to manage their expenditure pressures, including labour and pension costs, from within existing funding levels.

Given the level of funding that would be required from this Department, the implementation of the claim is not considered sustainable in light of the current and on-going fiscal environment and the requirement to contain public expenditure. The costs of the introduction of any scheme are likely to be of the order of €3m per annum, with retrospective costs of the order of at least €39m. In this context, it should be noted that the Supervisors and Sponsors have made no contribution towards the cost of the pension arrangements they are currently seeking from the Department.

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 the sponsoring organisations. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.

Rent Supplement Scheme Eligibility

Questions (28)

Denis Naughten

Question:

28. Deputy Denis Naughten asked the Tánaiste and Minister for Social Protection if she will review the eligibility for rent supplement to include issues such as the need not to participate in anti-social behaviour; and if she will make a statement on the matter. [46995/14]

View answer

Written answers

There are currently approximately 71,800 rent supplement recipients for which the Government has provided over €344 million for 2014.

In the case of private rented accommodation, tenancy arrangements involve a contract between the landlord and the tenant. The Department has no relationship with the landlord and tenant behaviour is a matter for the landlord in the first instance. There are a number of avenues open to landlords in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board (PRTB) and/or recourse to the Garda Síochána and/or the Courts in relation to the enforcement of the law in dealing with anti-social or criminal behaviour.

Under the Residential Tenancies Act 2004 tenants are obliged not to behave within a dwelling, or in the vicinity of it, in a way that is anti-social. Landlords are obliged to enforce the tenant’s obligations, and may seek termination of a tenancy due to a tenant’s antisocial behaviour. Landlords who fail to enforce the tenant’s obligations may be subject to a fine imposed by the PRTB. Termination of the tenancy would result in the termination of rent supplement.

The Social Welfare Consolidation Act 2005 provides the Department with the authority to refuse, suspend or terminate payment of a rent supplement in the case of a person who has been required to deliver up possession of a dwelling provided by a housing authority or an approved body where the reasons for that requirement include anti-social behaviour or the interests of good estate management.

The Programme for Government contains a commitment to review the operation of the rent supplement to ensure that tenants who are receiving long term support from the State under the rent supplement scheme are subject to the same type of anti-social behaviour regime as local authority tenants. The most appropriate way for this to happen is for local authorities to take over responsibility for meeting the accommodation needs of these individuals which will be delivered through the Housing Assistance Payment (HAP) which is currently being rolled out in selected local authorities.

Social Welfare Benefits Data

Questions (29)

Bernard Durkan

Question:

29. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the number of applications for disability allowance and-or carer's allowance received in the past six months in respect of children whose parents were previously deemed eligible for domiciliary care allowance; the number approved, rejected or outstanding; the extent to which individual medical circumstances were borne in mind initially; the number of instances whereby eligibility was restored in respect of both carer's and disability allowance; the numbers still outstanding; and if she will make a statement on the matter. [47049/14]

View answer

Written answers

The specific statistics requested by the Deputy are not routinely maintained by the Department. However, a recent query of system data shows that in the past 6 months (June to November 2014) 1,382 children whose parents were previously deemed eligible for domiciliary care allowance (DCA) have turned 16 and their DCA subsequently ceased.

Of these 1,382 children, 458 have applied for disability allowance (DA) up to the end of November 2014. Of these 458 applications, 127 have been awarded DA, 260 have been disallowed, while 71 are awaiting decision.

In relation to carer's allowance (CA), 270 of the 1,382 CA schemes in payment have been stopped following review. The remaining 1,112 cases remain in payment although the review process may be ongoing in some of these cases.

The qualifying conditions for the respective schemes are set out in legislation and regulations specific to each scheme and are not the same. The Department must ensure that the relevant qualifying conditions for each scheme are satisfied.

The review of the continued entitlement of a former DCA recipient (parent/guardian) to CA is not dependent in any way on whether the child who turns 16 years either claims or is entitled to DA. Also, it is important to note that where CA claims for former DCA recipients are being reviewed upon a child reaching 16, the claims remain in payment while the review is underway, even if the child has already reached 16.

Upon the child reaching 16 years, DCA is no longer payable. It is open for the child to apply for disability allowance (DA). In respect of CA claims for children under 16, the care requirement for the care recipient are deemed to be satisfied where DCA is in payment in respect of that child. CA must be reviewed once a care recipient reaches 16 years in order to ensure that the care requirement of the child meets the statutory conditions for receipt of CA.

There has been a long-standing process to notify DCA recipients at least 6 months in advance that DCA will stop when the child reaches 16 and that continued entitlement to CA would be reviewed. The purpose of that communication is to ensure that parents are aware of what is going to happen, their future options and to give them time to gather the necessary information. That communication also draws the attention of the parent to the potential eligibility of the child for DA.

The Department is reviewing its communications with parents who are in receipt of both domiciliary care allowance (DCA) and carer's allowance (CA) for children who are reaching 16 years, to further emphasise to the parent the importance of supplying sufficiently detailed information from the child's doctor(s) and other healthcare professionals, schools etc to the Department at the outset. The notification will also state the conditions which need to be met in relation to CA (which are not the same as those for receipt of DCA). It is hoped that this will reduce the number of CA cases that are stopped at first instance but subsequently reinstated upon review of additional information supplied.

Rent Supplement Scheme Payments

Questions (30)

Thomas Pringle

Question:

30. Deputy Thomas Pringle asked the Tánaiste and Minister for Social Protection the reasons she has ruled out the raising of the caps on rent assistance when they are well below the market rents for houses and contributing to the ongoing housing crisis; and if she will make a statement on the matter. [47094/14]

View answer

Written answers

There are currently approximately 71,800 rent supplement recipients for which the Government has provided over €344 million for 2014.

I am keeping the matter regarding rent limits under consideration and the review being undertaken by the Department will be finalised shortly.

The Department is in a position of both significant influence in the private rented market and responsibility. There is a concern that increased rent limits may add to further rental inflation and impact, not alone on rent supplement recipients, but also on many lower income workers, their families and students. Increasing limits will yield only a very marginal increase in available supply for rent supplement recipients with the only certainty that raising limits will increase costs disproportionately for the Exchequer with little or no new housing available to new recipients.

The Department has put measures in place to ensure that the housing needs of rent supplement customers who are in danger of becoming homeless are being addressed by providing for increased flexibility in the administration of the rent supplement scheme. A notice reminding staff, including those operating in the Donegal area, of their statutory discretionary power to award on a case by case basis a supplement for rental purposes, for example, when dealing with applicants who are at risk of losing their tenancy was circulated earlier in the year and further instruction has issued this week to ensure consistency throughout the country.

I strongly advise that where a person in receipt of rent supplement is at risk of losing their tenancy they should make contact with the Tenancy Protection Service provided by Threshold on 1800 454 454 or their local Community Welfare Service throughout the country.

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