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Tuesday, 19 May 2015

Written Answers Nos. 58-77

Back to School Clothing and Footwear Allowance Scheme Payments

Questions (58)

Jonathan O'Brien

Question:

58. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Social Protection the cost of increasing the back to school clothing and footwear allowance by €50 for each recipient of the allowance. [19278/15]

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Written answers

The back to school clothing and footwear allowance (BSCFA) scheme provides a once-off payment to eligible families to assist with the extra costs when children start school each autumn. The Government has provided €44.3 million for this scheme in 2015.

In 2014, BSCFA payments were made to over 166,000 families in respect of over 304,400 children at a cost of €42.5 million. The rate of payment was €100 in respect of children aged 4 to 11 and €200 for children over 12 years in second level education. Payments will be made at the same rates in 2015.

Using the number of children covered by the scheme in 2014 as a basis, the cost of increasing the BSCFA payment by €50 for each eligible child would be approximately €15 million. Any changes to the scheme to increase the rate of payment would have to be considered in a budgetary context.

Disability Allowance Applications

Questions (59)

Seán Ó Fearghaíl

Question:

59. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Social Protection if backdated payments will be made in respect of a person (details supplied) in County Kildare; if she will investigate this case, as the person's means may have been calculated incorrectly for the period of suspension; if she will reinstate the entitlement for the period August 2012 to March 2014 as a matter of urgency; and if she will make a statement on the matter. [19301/15]

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Written answers

The person in question was in receipt of disability allowance (DA) from 4 April 2012. Payment ceased with effect from 28 August 2012 as it was decided that her means, which were derived from her spouse’s employment, were in excess of the statutory limit for DA.

A new application was received from the person concerned on 28 February 2014 and was awarded with effect from 5 March 2014 based upon the circumstances of the person in question at that time. Limited backdating of DA may be considered in appropriate circumstances. If the person in question wishes to apply for the payment of DA to be back-dated, she should write to DA section setting out her reasons for the request and evidence of her eligibility for the earlier period and a decision will be made.

Guardian's Payment Applications

Questions (60)

Bernard Durkan

Question:

60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the procedure to be followed in order to obtain a guardianship payment in respect of a person already in receipt of child benefit in respect of a child the person cares for; and if she will make a statement on the matter. [19317/15]

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Written answers

Receipt of child benefit does not imply automatic entitlement to guardian’s payment as there are a number of qualifying conditions which must also be satisfied.

Consequently, any person who believes they may be entitled to guardian’s payment should complete and submit the appropriate application form, which is available on the Department’s website www.welfare.ie or which can also be obtained by telephoning LoCall 1890 66 22 44.

The completed application will be examined by a Deciding Officer who will consider all of the evidence and make a decision on whether the person concerned is entitled to the payment.

Carer's Allowance Applications

Questions (61)

Michael Ring

Question:

61. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection when a decision will be made on a review of a carer's allowance in respect of a person (details supplied) in County Mayo. [19318/15]

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Written answers

The application from the person in question has been disallowed on the grounds that the applicant is working outside the home for more than 15 hours a week contrary to the statutory requirements of the scheme. The person concerned was notified on 12 March 2015 of this decision, the reason for it and of her right of review and appeal. The person in question has requested a review of this decision. The review is currently being processed and once completed, the person concerned will be notified directly of the outcome. If the outcome of the review is to confirm the decision to disallow, the person in question will retain the right to appeal the decision to the independent Social Welfare Appeals Office.

Disability Allowance Appeals

Questions (62)

Pat Deering

Question:

62. Deputy Pat Deering asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Carlow will receive a reply to an appeal in respect of a disability allowance. [19352/15]

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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 16 March 2015. 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 have been received in the Social Welfare Appeals Office on 16 April 2015 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.

Question No. 63 withdrawn.

Commencement of Legislation

Questions (64)

Jerry Buttimer

Question:

64. Deputy Jerry Buttimer asked the Tánaiste and Minister for Social Protection when a commencement order will be signed regarding section 16 of the Civil Registration (Amendment) Act 2014, which inserts section 51(2A) in the Civil Registration Act 2004, providing for marriages to be conducted in outdoor locations; and if she will make a statement on the matter. [19359/15]

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Written answers

The Civil Registration (Amendment) Act 2014 was enacted on 4th December 2014.

The provisions of the Act will be put into operation on the basis of an implementation plan involving both procedural and system changes. This work is being progressed as quickly as possible in order that the various provisions of the Act can be commenced.

The Act includes provisions to clarify what constitutes a "place that is open to the public". This is to ensure that the public policy objectives with regard to the solemnisation of all marriages (whether civil, religious or secular) in both outdoor and indoor venues are upheld. These provisions are being prioritised for commencement.

It should be noted that marriages by religious or secular solemnisers may currently be solemnised at an outdoor venue with the agreement of the parties and the solemniser. The position in relation to venues (both indoors and outdoors) for civil marriages solemnised by registrars is that, under section 52 of the Civil Registration Act 2004 these are subject to "matters specified" by the Minister.

These "matters specified" have been revised to reflect the updated position and will be published very shortly. Civil marriages may then be solemnised outdoors with the agreement of the parties and the registrar.

Disability Allowance Applications

Questions (65)

Caoimhghín Ó Caoláin

Question:

65. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Social Protection if a disability allowance will be granted in respect of a person (details supplied) in Dublin 5. [19387/15]

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Written answers

The disability allowance (DA) application from the person in question was refused on medical grounds and he was notified of this decision and the reasons for it on 27 November 2014.

The person concerned subsequently appealed the decision to the Social Welfare Appeals Office (SWAO). His appeal was disallowed by an appeals officer (AO) on 29 April 2015 and he was notified of this decision in writing by the SWAO on the same date.

An AO’s decision is final and conclusive in absence of any relevant fresh facts or evidence. He may however submit a new application if he wishes.

Jobseeker's Allowance Eligibility

Questions (66)

Bernard Durkan

Question:

66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if an interim payment and-or jobseeker's allowance is available in the case of a person (details supplied), when that person reaches 65 years of age; and if she will make a statement on the matter. [19423/15]

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Written answers

The person concerned may have the necessary number of PRSI contributions to apply for Jobseeker's Benefit (JB). A decision on eligibility can be made by the Department once an application has been received. In cases where a person does not qualify for JB an application for Jobseeker's Allowance, which is a means tested payment, may be made.

Disability Allowance Appeals

Questions (67)

John McGuinness

Question:

67. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection the position regarding an appeal for a disability allowance in respect of a person (details supplied) in County Kilkenny; if she will expedite a reply. [19425/15]

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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 9 April 2015. 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.

Back to Work Family Dividend Scheme

Questions (68)

Bernard Durkan

Question:

68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection when payment under the back to work family dividend scheme will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19440/15]

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Written answers

The regulations which underpin the operation of the new Back to Work Family Dividend (BTWFD) scheme were signed on 7 May 2015.

The claim for the person concerned, was received on 19 March 2015, is now awarded with first payment, including arrears issuing on 15 May 2015.

Disability Allowance Appeals

Questions (69)

Brian Walsh

Question:

69. Deputy Brian Walsh asked the Tánaiste and Minister for Social Protection when a decision will be made on an appeal in respect of a disability allowance by a person (details supplied) in County Galway; and if she will make a statement on the matter. [19441/15]

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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 12 May 2015. 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.

Disability Allowance Applications

Questions (70)

Dan Neville

Question:

70. Deputy Dan Neville asked the Tánaiste and Minister for Social Protection if an application for a disability allowance will be processed in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [19454/15]

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Written answers

I can confirm that the Department received an application for disability allowance (DA) from the person concerned. Unfortunately, the application form submitted by the person in question was not fully completed. The Department has written to the person in question on 12 May 2015, pointing out the information that needs to be supplied in order for a decision to be made.

A decision will be made on his application for DA upon receipt of the requested information and the person in question will be notified of the outcome.

Departmental Expenditure

Questions (71)

Pádraig MacLochlainn

Question:

71. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Social Protection the total cost of relocating her Department staff in Letterkenny, County Donegal, from their High Road office to the Oliver Plunkett Road office, due to the discovery of asbestos material during renovations at the High Road office; and when the High Road office will be open to the public. [19475/15]

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Written answers

The Department did not incur any additional direct costs as a result of the decision to relocate staff from High Road to our offices in Oliver Plunkett Road for a period during the renovation of office space in High Road. The move was managed locally by DSP staff and management within existing resources with a view to ensuring minimal disruption to public services.

The High Road Office is expected to re-open to the public in early June 2015.

Carer's Allowance Appeals

Questions (72)

Sean Conlan

Question:

72. Deputy Seán Conlan asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in County Monaghan has not received a reply in relation to an appeal in respect of a carer's allowance. [19485/15]

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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 9 April 2015. 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 Benefits Data

Questions (73)

Pearse Doherty

Question:

73. Deputy Pearse Doherty asked the Tánaiste and Minister for Social Protection if she will provide, in tabular form, the number of applicants who have applied for farm assistance payments over the past ten years who have been successful and unsuccessful each year; the number who have appealed; the average waiting time for payment; and if she will make a statement on the matter. [19500/15]

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Written answers

The information requested by the Deputy relating to the number of farm assist applications received by my Department, the number awarded, the number that have been unsuccessful and the average waiting time for payment over the past ten years is not available.

However I am informed that between 2005 and 2014 there was an annual average of 9,236 recipients of farm assist and a total of 1,684 appeals received by Social Welfare Appeals Offices. A breakdown of the number of recipients at the end of each year and the number of appeals received annually is detailed in the following tabular statement.

Farm Assist Recipients and Appeals received 2005-2014

Year

Recipients

Appeals Received

2005

7,824

114

2006

7,480

71

2007

7,396

66

2008

7,496

61

2009

8,972

137

2010

10,714

244

2011

11,333

220

2012

11,029

271

2013

10,303

286

2014

9,809

214

Jobseeker's Benefit Payments

Questions (74)

Willie O'Dea

Question:

74. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the estimated full year cost for replacing the three day rule for the payment of jobseeker’s benefits, with a sliding scale system determined by hours worked. [19563/15]

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Written answers

The jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The 2015 Estimates for the Department provide for expenditure this year on the jobseekers’ schemes of €3.01 billion.

It is a fundamental qualifying condition of both schemes that a person must be fully unemployed for four in any period of seven consecutive days, so a person working four or more days a week will not qualify.

It is recognised that a changing labour market has resulted in a move away from the more traditional work patterns, resulting in an increase in the number of persons employed for less than a full week.

This is an important policy issue for the Department but any changes to the current criteria could have significant cost implications for the jobseekers’ schemes. In particular any change to jobseeker's benefit criteria would have implications for jobseeker's allowance and a range of other working age schemes. In this context the cost associated with moving the jobseeker's benefit scheme to an hours-based system, as outlined, are not available.

The Advisory Group on Tax and Social Welfare has examined the issue of the interaction of the tax and social welfare systems to determine how the social welfare system can best achieve its goals of supporting persons through periods of involuntary unemployment, while incentivising work and disincentivising welfare dependency. I am currently considering the report of the Group.

Family Income Supplement Eligibility

Questions (75)

Willie O'Dea

Question:

75. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the estimated full year cost of replacing the 38-hour threshold for family income supplement qualification, with a sliding scale system (details supplied) that would reflect the fact that many persons may be working, or wish to work, less than 19 hours per week, and may be in just as much need as current recipients of this supplement. [19564/15]

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Written answers

The family income supplement (FIS) is an in-work support which provides an income top-up for employees on low earnings with children. FIS is designed to prevent in-work poverty for low paid workers with child dependants and to offer a financial incentive to take-up employment. There are over 50,000 families in receipt of FIS, an increase of 70 per cent since 2011. The estimated spend on FIS this year is approximately €350 million, an increase of €50 on last year. The average FIS payment per family is €118 per week.

To qualify for FIS, a person must be engaged in full-time insurable employment which is expected to last for at least 3 months and be working for a minimum of 38 hours per fortnight or 19 hours per week. A couple may combine their hours of employment to meet the qualification criteria. The applicant must also have at least one qualified child who normally resides with them or is supported by them. Furthermore, the average family income must be below a specified amount which varies according to the number of qualified children in the family.

The “hours worked” eligibility criterion has been reduced significantly since the introduction of the scheme in 1984, from 30 hours per week to 19 hours per week in 1996. The costs associated with replacing the 38 hour threshold for FIS qualification with a sliding scale system, as outlined, are not available. However, reducing the “hours worked” requirement would have implications for a range of other working age schemes and would have expenditure implications. In addition the proposal set out by the Deputy is significantly more complex than the present scheme and could require additional resources to administer.

Currently, persons subject to the contingency of unemployment may be supported under the jobseeker's schemes. Under jobseeker's benefit and jobseeker's allowance a person may, subject to scheme criteria, work for up to three days and continue to receive support under the schemes.

Invalidity Pension Payments

Questions (76)

John McGuinness

Question:

76. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection if the circumstances of a person (details supplied) in County Kilkenny will be examined as a matter of urgency, in respect of an overpayment made to that person by her Department, with a view to accepting a payment of €50 per week as an initial repayment. [19582/15]

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Written answers

The person concerned is in receipt of invalidity pension (IP) which included an increase for a qualified adult (IQA) in respect of his spouse. Entitlement to this increase, which had been in payment with effect from 14 October 2010 at the maximum weekly rate, is subject to the means of the spouse continuing to be within the prescribed limits.

A condition of receipt of IP is that a recipient must notify the department as soon as possible of any changes in their circumstances which may affect their payment, including the circumstances of their qualified adult.

Following a review, a deciding officer (DO) determined that the person in question was entitled only to a reduced rate of IQA from 03 November 2011 as his spouse had means from employment which were not previously declared to the department. As a result of this revised decision, the person concerned has incurred an overpayment for the period 3 November 2011 to 15 April 2015. Notification of the revised decision issued to the person in question on 22 April 2015, setting out the reasons for the decision and advising him of his right to review and appeal.

A DO will contact the person concerned in due course regarding proposals for the recovery of the overpayment. He will be given an opportunity to comment on the proposals and/or propose alternative arrangements at that time.

Rent Supplement Scheme Payments

Questions (77)

John McGuinness

Question:

77. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection if an increase in rent allowance will be granted in respect of a person (details supplied) in County Carlow, in view of the special circumstances of their case. [19590/15]

View answer

Written answers

The Department has not been informed of any change of circumstance for this client. The client concerned is in receipt of his full entitlement to Rent Supplement based on monthly rent, weekly income and family composition. The client should advise the Department immediately of any changes in circumstances which might alter this entitlement.

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