Tuesday, 22 Sep 2015

Written Answers Nos. 140-159

Social Welfare Code

Questions (140)

Michael Healy-Rae

Question:

140. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the action she will take on the commitment to protect persons with disabilities by implementing a number of the ten points recommended by the Disability Federation of Ireland relevant to her Department, namely increasing disability payments by €20 per week as an interim measure to offset the cost of disability; restoring the respite grant to pre-austerity levels by increasing it by €325 per annum; making all employment activation programmes eligible to persons with disabilities; and if she will make a statement on the matter. [32289/15]

Written answers

Tánaiste and Minister for Social Protection

Any increases in social welfare rates can only be considered in the context of the Budget and estimates process.

A €20 increase per week in the rate of disability payments would cost approximately €254 million in a full year, while in relation to the respite care grant (RCG), the estimated cost of increasing the RCG by €325, from €1,375 to €1,700, is €29.4 million in a full year.

The Government recognises the importance of increasing participation in employment for persons with a disability, and its commitment in this regard will be reflected in the forthcoming Comprehensive Employment Strategy for people with disabilities.

Community Employment Schemes Eligibility

Questions (141)

Dara Calleary

Question:

141. Deputy Dara Calleary asked the Tánaiste and Minister for Social Protection if any community employment schemes exist for a person (details supplied); and if she will make a statement on the matter. [30437/15]

Written answers

Minister of State at the Department of Social Protection

Eligibility for the Community Employment (CE) scheme can be ascertained by the individual contacting their local Intreo Office or Employment Services Office (contact details on the www.welfare.ie website). The Department’s public website also lists all the eligibility criteria for the Community Employment scheme.

A person of 18 years of age or over, who is currently in receipt of illness benefit for 6 continuous months or more, is eligible for Community Employment. The person in question will still need to contact their local Intreo Office to have their eligibility confirmed and to register their interest in the scheme. This will allow their name to be submitted to CE employers for interview. CE vacancies are advertised on the www.jobsireland.ie website.

Invalidity Pension Applications

Questions (142)

Fergus O'Dowd

Question:

142. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in County Meath was refused an invalidity pension; if the application will be reviewed; and if she will make a statement on the matter. [30467/15]

Written answers

Tánaiste and Minister for Social Protection

The person in question is currently in receipt of means tested disability allowance.

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last complete contribution year before the date of their claim. Only PRSI classes A, E or H contributions are reckonable for IP purposes.

The department received a claim for IP from the person concerned on 22 June 2015. The person concerned was refused IP on the grounds that the contribution conditions for the scheme are not satisfied. He was notified on 1 July 2015 of this decision, the reason for it and of his right of review and appeal. On foot of this enquiry, a review of all the information available has been carried out and it has been decided that there is no change to the original decision. The person concerned was notified on 17 September 2015 of the outcome of the review and of his right to appeal the decision to the independent Social Welfare Appeals Office within 21 days.

Social Welfare Appeals

Questions (143)

Jack Wall

Question:

143. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 195 of 30 June 2015, if a person (details supplied) in County Kildare can appeal the decision cited; and if she will make a statement on the matter. [30475/15]

Written answers

Tánaiste and Minister for Social Protection

When the original decision in this case was made on 28 October 2014, the client was advised of her right of appeal to the Social Welfare Appeals Office within 21 days of receiving the decision. As notified to the Deputy on 9 January 2015, as the appeal was not received until 18 December 2014 the Appeals Officer decided the client’s right to appeal had expired.

As correct procedures were followed at the time of award of this claim, a request to review the original decision was refused on 3 September 2015. Accordingly, there is no recourse to a further appeal at this stage.

Invalidity Pension Applications

Questions (144)

Barry Cowen

Question:

144. Deputy Barry Cowen asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for a disability allowance. [30504/15]

Written answers

Tánaiste and Minister for Social Protection

The person concerned has been awarded invalidity pension with effect from the 09 July 2015. The first payment issued to his nominated Post Office on 17 September 2015. The person in question was notified of this decision on the 11 September 2015.

Carer's Allowance Applications

Questions (145)

Jack Wall

Question:

145. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection the position regarding an application for a carer's allowance by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30521/15]

Written answers

Tánaiste and Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 25 August 2015, who will make a summary decision on the appeal based on the 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.

One-Parent Family Payment Applications Data

Questions (146)

Billy Kelleher

Question:

146. Deputy Billy Kelleher asked the Tánaiste and Minister for Social Protection the number of families whose one-parent family payment was discontinued from July 2015, and who transferred to other social welfare benefits; and if she will provide, in tabular form, a breakdown, by county. [30541/15]

Written answers

Tánaiste and Minister for Social Protection

The latest data collated by the Department on the numbers of customers who transitioned out of the one-parent family payment (OFP) as a result of the reform on 2 July, 2015, show that some 25,500 customers transitioned out of the scheme on that day. Of those customers approximately:

- 13,700 moved to the jobseeker’s transitional payment;

- 2,500 moved to the jobseeker’s allowance (JA) scheme, and

- 8,100 moved to the family income supplement (FIS) scheme.

The remainder of customers transitioned to a broad range of other income support payments such as the jobseeker’s benefit (JB), the disability allowance (DA), illness benefit (IB), as well as to various back-to-work schemes.

A tabular breakdown of these figures by County is presently not available in the Department.

Seirbhísí Aistriúcháin

Questions (147, 148)

Caoimhghín Ó Caoláin

Question:

147. D'fhiafraigh Deputy Caoimhghín Ó Caoláin den an Tánaiste agus Aire Coimirce Sóisialaí an bhfuil aon dul chun cinn déanta maidir leis na meabhráin mhíniúcháin a bheith ar fáil as Gaeilge, ós rud é gur luaigh sí gur mhaith léi go mbeadh fáil orthu 'i nGaeilge ag an am céanna leis an leagan Béarla' ar an Déardaoin 16 Iúl 2011 agus í ag caint ar an Acht Leasa Shóisialaigh agus Pinsean, 2011, ag céim an choiste; agus an ndéanfaidh sí ráiteas ina thaobh. [30542/15]

Aengus Ó Snodaigh

Question:

148. D'fhiafraigh Deputy Aengus Ó Snodaigh den an Tánaiste agus Aire Coimirce Sóisialaí an bhfuil aon dul chun cinn déanta maidir leis na meabhráin mhíniúcháin a bheith ar fáil as Gaeilge, ós rud é gur luaigh sí, Déardaoin an 16 Iúil 2011 agus í ag caint ar an Acht Leasa Shóisialaigh agus Pinsean, 2011 ag céim an choiste, gur mhaith léi go mbeadh fáil orthu 'i nGaeilge ag an am gcéanna leis an leagan Béarla; agus an ndéanfaidh sí ráiteas ina thaobh. [30547/15]

Written answers

Tánaiste and Minister for Social Protection

Beartaítear chun ceisteanna 147 agus 148 a fhreagairt lena chéile.

I gcaitheamh dhíospóireacht Chéim an Choiste ar an mBille Leasa Shóisialaigh agus Pinsean, 2011, bhí mé ar aon intinn leis na Teachtaí Dála sa mhéid gurbh fearr, más féidir, aistriúcháin Ghaeilge Billí agus Meabhráin Mhínithe ghaolmhara a chur ar fáil ag an tráth céanna a fhoilsítear leaganacha Béarla de na Billí.

Chun leagan Gaeilge den Mheabhrán Mínithe a fhoilsiú, áfach, theastódh go mbeadh an leagan Gaeilge den Bhille ar fáil ag tráth foilsithe an Bhille, chomh maith. Is amhlaidh atá an cás, go háirithe i gcás Billí casta teicniúla, áit a bhfuil gá le comhsheasmhacht sa téarmaíocht a úsáidtear sna haistriúcháin Ghaeilge ar théacs an Bhille agus ar na Meabhracháin Mhínithe ghaolmhara chun mearbhall a sheachaint.

Ós rud é go bhfuil Seirbhís Aistriúcháin Thithe an Oireachtais freagrach as leagan Gaeilge na mBillí a fhoilsiú, chuir mé in iúl do na Teachta Dálaí gur ceist í seo arbh fhearr a mbeadh na Teachtaí Dála, nó b’fhéidir Príomh-Aoirí Thithe an Oireachtais in ann déileáil léi.

Family Income Supplement Eligibility

Questions (149)

Brian Stanley

Question:

149. Deputy Brian Stanley asked the Tánaiste and Minister for Social Protection if she will approve family income supplement payments for Garda recruits (details supplied) in Templemore, County Tipperary as they are employees of the State; and if she will make a statement on the matter. [30571/15]

Written answers

Minister for Social Protection (Deputy Joan Burton)

The family income supplement (FIS) is an in-work income support for employees on low earnings who have families.

To qualify for payment of FIS a person must be engaged in full time paid employment as an employee which is expected to last for at least 3 months and be working for a minimum of 38 hours per fortnight. A couple may combine their hours of employment to meet the qualification criteria.

Student Gardaí attend full-time day education at the Garda College as well as periods of on the job training over a period of 72 weeks while studying for their BA degree in advanced policing. They receive a weekly allowance of €184 per week while studying for this degree.

Attendance on a full-time day education course is not considered full-time employment and consequently students cannot qualify for FIS.

Carer's Allowance Eligibility

Questions (150)

Michael Healy-Rae

Question:

150. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection her views on a matter (details supplied) regarding the operation guidelines for carer's allowance; and if she will make a statement on the matter. [30577/15]

Written answers

Tánaiste and Minister for Social Protection

The Department endeavours to keep all information on its website accurate, complete and up-to-date. The Department is arranging for the carer's allowance operational guidelines to be updated to reflect any changes that have occurred in the BTEA since 2012 and appreciates your drawing of this oversight to its attention.

Entitlement to the back to education allowance (BTEA) is dependent on an applicant being in receipt of certain social welfare payments. Although each scheme’s guidelines may contain some reference to BTEA, there are comprehensive guidelines on the BTEA scheme available on the Department’s website. These were last updated on 11 June 2015.

Question No. 151 withdrawn.

Carer's Allowance Appeals

Questions (152)

Michael Healy-Rae

Question:

152. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding the appeals process for carer's allowance-benefit (details supplied); and if she will make a statement on the matter. [30628/15]

Written answers

Tánaiste and Minister for Social Protection

Appeal processing times peaked in 2011 when the average processing time for an appeal of carers allowance was 38.8 weeks. In 2012 the average processing time reduced to 33.8 weeks. Further improvements were achieved in 2013, when the average appeal processing time reduced to 28.5 weeks. As at the end of August 2015, the average time taken to process a carer’s allowance appeal has reduced further to 21.3 weeks, a reduction of 17.5 weeks since 2011.

The average processing time for carers benefit appeal in 2011 was 29.3 weeks. In 2012 the average processing time reduced to 24 weeks. Further improvements were achieved in 2013, when the average appeal processing time reduced to 18.7 weeks. As at the end of August 2015, the average time taken to process a carer’s benefit appeal has reduced further to 16.4 weeks, a reduction of 12.9 weeks since 2011.

The reduction in processing time reflects the significant resources which have been invested in the Social Welfare Appeals Office over the last number of years.

In addition the Department has undertaken a process of reform in many of its scheme areas aimed at reducing the time taken to respond to requests for submissions in relation to appeals. While the Department’s response times for carers benefit has increased slightly from 6.2 weeks in 2011 to 8.4 weeks at end of August 2015, the response time to requests for submissions to the Department for appeals of carers allowance has reduced from an average of 17.9 weeks in 2011 to 12.9 weeks at end August 2015.

Processing times are calculated from the registration date to the date of finalisation and include time spent awaiting clarification from the appellant and time in the Department for review and preparation of its appeal submission, and any further investigation, examination or assessment by the Department’s Inspectors and Medical Assessors that is deemed necessary. While this process carries an inherent delay in terms of finalising an appeal, it also crystallises the flexibility and accessibility of the appeals system. By its nature and because it is a quasi-judicial function, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.

Appeal processing times are kept under continual review in the Social Welfare Appeals Office and every effort is made to reduce processing times.

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.

State Pensions Reform

Questions (153)

Paul Connaughton

Question:

153. Deputy Paul J. Connaughton asked the Tánaiste and Minister for Social Protection if she is considering changing the contributory pension regime to ensure that persons who have worked for decades and made contributions over many years can access the full contributory pension rate; the mechanisms that are open to those not on a full contributory pension to have the decision reviewed or revisited; and if she will make a statement on the matter. [30631/15]

Written answers

Tánaiste and Minister for Social Protection

The State pension contributory (SPC) is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives. To ensure that an individual can maximise their entitlement to an SPC, all contributions paid over their working life from when they first enter insurable employment until pension age are taken into account when assessing their entitlement and the level of that entitlement.

Since 1961, when contributory pensions were first introduced, the average contributions test has been used in calculating pension entitlement. Under this system, the rate of the SPC is related to the average contributions paid (or credited) over their working life. For example, someone with a yearly average of 52 contributions (i.e. 100%) would generally receive a full rate pension (personal rate €230.30), whereas someone with a yearly average of only 30 contributions paid or credited would have an entitlement, under the SPC, to a weekly personal rate of €207, which is 90% of the maximum rate. If such a pensioner was paid the same rate of contributory pension as someone who had paid into the social insurance system all their working life, it would mean there was no benefit derived from the much greater contribution made by that person. As it is, the benefit derived from paying PRSI is greater, in relative terms, for those with limited contribution records and who receive lower rate pensions, than it is for full-rate pensioners.

Where an older person qualifies for the reduced rate SPC of €207, but they do not have other income (such as a private pension), the State pension system provides alternative methods of support. In such cases they may qualify for a means tested State pension (non-contributory), the maximum personal rate of which is €219, which amounts to just over 95% of the maximum rate of the SPC.

If a person does not believe that my Department has calculated their pension entitlements correctly, they may request that the decision be reviewed in the first instance, or they may appeal it to the independent Social Welfare Appeals Office.

Social Welfare Application Forms

Questions (154)

Gabrielle McFadden

Question:

154. Deputy Gabrielle McFadden asked the Tánaiste and Minister for Social Protection in view of concerns by post offices, if her Department has reviewed application forms for Department payments and updated them to ensure that a more neutral wording in relation to payment options is provided; and if she will make a statement on the matter. [30634/15]

Written answers

Tánaiste and Minister for Social Protection

My Department updates and reviews its application forms on a regular basis, to take account of evolving requirements. Recently revised application forms reflect a more neutral wording of the payment options section of the forms. The revised forms have been distributed and are also available on the Department’s website www.welfare.ie.

Social Welfare Payments Administration

Questions (155)

Ciara Conway

Question:

155. Deputy Ciara Conway asked the Tánaiste and Minister for Social Protection the cost per individual transaction incurred by the State for each cash social welfare payment collected at the post office, as opposed to the cost per transaction incurred by State for each welfare payment paid electronically into a claimant's bank account; and if she will make a statement on the matter. [30642/15]

Written answers

Tánaiste and Minister for Social Protection

The estimated average total cost to the Department of Social Protection per individual transaction for social welfare payments made in cash at the Post Office is €1.70 at current volumes. The estimated average total cost to the Department per transaction in respect of social welfare payments direct to bank accounts is 26c.

Carer's Allowance Payments

Questions (156)

Michael Healy-Rae

Question:

156. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding the payment of carer's allowance for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [30693/15]

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 4 August 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.

Community Employment Schemes Operation

Questions (157)

Michael Healy-Rae

Question:

157. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection her views on a matter (details supplied) regarding the community employment scheme; and if she will make a statement on the matter. [30701/15]

Written answers

Minister of State at the Department of Social Protection (Deputy Kevin Humphreys)

Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons (including lone parents, recovering drug misusers and persons with a disability) with an opportunity to engage in part-time work and training within their communities on a temporary, fixed-term basis.

The A8/A9 PRSI stamp paid by Community Employment (CE) participants is effectively the same as a full rate A stamp in terms of the benefits that can be obtained. The reduced rate of jobseeker's benefit on CE exit reflects the rate of weekly earnings from CE as this is used to determine the rate of jobseeker's benefit, as set out below:

Weekly Jobseeker's Benefit payment in 2015

Average weekly earnings	Personal rate	Increase for a qualified adult	Increase for a qualified child
Less than €150	€84.50	€80.90	€29.80
€150 - €219.99	€121.40	€80.90	€29.80
€220 - €299.99	€147.30	€80.90	€29.80
€300 or more	€188	€124.80	€29.80

If a person is only entitled to a reduced rate of jobseeker's benefit, it may be financially more beneficial for them to claim jobseeker's allowance. However, jobseeker's allowance is means-tested and household means must be below a certain level to qualify.

With respect to the participants exhausting their time on the programme, all CE sponsors and participants are aware of the time limits for participation, and the fact that sponsors will only have the participants for a limited amount of time based on the published rules of the programme. The participation limits allows for the maximum utilisation of places amongst qualifying persons, to ensure the benefit of the CE placements to the widest possible audience.

For participants who are fully trained and considered “job-ready” for the open labour market, the renewed efforts of the sponsoring organisation should be towards assisting them in gaining employment.

Momentum Programme

Questions (158)

Tom Fleming

Question:

158. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will extend the eligibility for entry to the Momentum programme which funds free education and training for long-term unemployed, to cater for people on disability and illness payments; and if she will make a statement on the matter. [30713/15]

Written answers

Tánaiste and Minister for Social Protection

The Government recognises the importance of increasing participation in employment for persons with a disability and provides a wide range of income and work related supports through the Department of Social Protection. These supports play an important role in facilitating increased participation in the labour force by people with disabilities.

These supports include the wage subsidy scheme (WSS), the EmployAbility (supported employment) service, the reasonable accommodation fund for the employment of people with disabilities and the disability awareness training scheme. For those who are in receipt of invalidity pension or illness benefit (for at least six months) and who feel they now have some capacity for work, the partial capacity benefit (PCB) scheme allows them to work and retain a portion of their social welfare payment. People on disability-related payments also have access to activation programmes such as Community employment and JobBridge administered by the Department of Social Protection.

Unlike job-seekers where participation in activation measures through the Intreo service is mandatory, in the case of persons in receipt of disability/illness support payments, engagement with the Intreo service is on a voluntary basis and at all times they are free to contact the Intreo service. The Department has trialled in ten locations provision of full activation supports to people with disabilities who wish to avail of the Intreo service and will consider expansion to other locations on the basis of operational experience.

The Momentum programme is funded by the Department of Education and Skills through Solas and is designed on a payments by results basis specifically for long-term unemployed jobseekers. The Department of Social Protection, through Intreo, identifies and refers eligible and suitable clients to the Momentum programme. The current phase of Momentum is coming to a conclusion and a decision has yet to be taken on whether or not it will operate again next year. Should it be decided to repeat the programme, the Department will together with the Department of Education and Skills and SOLAS consider if, and if so how, eligibility be extended to people with disabilities.

Question No. 159 withdrawn.