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Wednesday, 17 Dec 2014

Written Answers Nos. 30-38

Pension Provisions

Questions (30)

Stephen Donnelly

Question:

30. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Social Protection if she will review the case of a person (details supplied) to ascertain if she is receiving full entitlements regarding pension payments. [48513/14]

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Written answers

In order to qualify for a maximum rate contributory pension, in addition to having at least 520 paid contribution weeks since first entry into insurance, an applicant must have a yearly average of 48 paid and/or credited contributions.

According to the records of the Department, the person concerned first entered insurable employment in 1963 and reached 65 years of age in November 2012. The assessment period for calculating her yearly average contributions for state pension (transition) eligibility is from 1963 to 2012 (49 years). She has a total of 1,555 reckonable paid and credited contributions over that period, giving her a yearly average of 32.

On reaching 66 years of age, the person concerned automatically transferred to state pension (contributory) at her correct weekly rate of entitlement.

Exceptional Needs Payments

Questions (31)

Bernard Durkan

Question:

31. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if an exceptional needs payment will issue in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [48521/14]

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Written answers

The Department has no record of a claim for an exceptional needs payment from this person. Applications can be made through the local Community Welfare service.

Social Welfare Benefits Applications

Questions (32)

Tom Fleming

Question:

32. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will examine and allow payment of a domiciliary care allowance application and carer's allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [48565/14]

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Written answers

An application for domiciliary care allowance (DCA) was received from the person concerned on the 27th November 2014. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Following receipt of this opinion, a decision will be made by a Deciding Officer and notified to the person concerned. It can currently take 10 weeks to process an application for DCA.

The department has also received an application for carer’s allowance from the person concerned on the 28th November 2014. Once processed, the person concerned will be notified directly of the outcome.

International Agreements

Questions (33)

Niall Collins

Question:

33. Deputy Niall Collins asked the Tánaiste and Minister for Social Protection the actions her Department has taken to allow for the implementation of the Istanbul Convention; if her Department has any engagement with the Department of Justice and Equality on this matter; and if she will make a statement on the matter. [48578/14]

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Written answers

Officials in the Department have engaged with COSC, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence in relation to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention).

In terms of income support, the Department provides a range of income supports including the supplementary welfare allowance (SWA) scheme which is considered the "safety net" within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependants. The main purpose of the scheme is to provide immediate and flexible assistance for those in need. Entitlement to SWA is conditional on satisfying the habitual residence condition with some exceptions. The Government has provided approximately €561 million for the various SWA schemes in 2014.

Where a claimant’s safety and well-being are at risk due to domestic violence Department officials administering the SWA scheme have discretionary powers to expedite the award of a payment to the person in question.

Under the SWA scheme, the Department may make a single exceptional needs payment to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The scheme also provides for the payment of urgent needs payments. Exceptional and urgent needs payments, unlike other payments under SWA, are not subject to the habitual residence condition. There is no automatic entitlement to an exceptional or urgent needs payment which are payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

Questions Nos. 34 and 35 withdrawn.

Disability Allowance Appeals

Questions (36)

Tom Fleming

Question:

36. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will expedite a disability allowance appeal in respect of a person (details supplied) in County Kerry as all relevant documentation has been submitted; and if she will make a statement on the matter. [48590/14]

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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 14th October 2014. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 15th December 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral 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.

Disability Allowance Appeals

Questions (37)

Tom Fleming

Question:

37. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will expedite a disability allowance appeal in respect of a person (details supplied) in County Kerry as all relevant documentation has been submitted; and if she will make a statement on the matter. [48592/14]

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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 11th December 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.

Social Welfare Code

Questions (38)

Dessie Ellis

Question:

38. Deputy Dessie Ellis asked the Tánaiste and Minister for Social Protection if she will confirm if section 27(f)(iv) of Statutory Instrument No. 312 of 1996 or any other provision exempts a person (details supplied) from having to pay PRSI on the portion of income that comes from the person's workers' director fee in CIE. [48623/14]

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Written answers

Article 27 of Statutory Instrument 312 of 1996 provides for the exemption of certain forms of income from the charge of PRSI. Article 27(f)(iv) of the Statutory Instrument exempts income received in respect of “Public Offices under the State”. As the portion of income that comes from worker director fees in CIE comes within the scope of this provision, the individual is exempt from having to pay PRSI on this income.

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