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Tuesday, 6 Oct 2015

Written Answers Nos. 217-242

Rent Supplement Scheme Applications

Questions (217)

Bernard Durkan

Question:

217. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if she will facilitate an increase in rent allowance to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34440/15]

View answer

Written answers

The client concerned has been requested to provide the Department with landlord proof of ownership for his rental property. On receipt of same, the client's rate of Rent Supplement entitlement can be re-assessed.

Rent Supplement Scheme Payments

Questions (218)

Bernard Durkan

Question:

218. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the appropriate level of rent allowance payable to a person (details supplied) in County Kildare; if the payment has been reduced in recent months, and if so, to what level, and on what basis; and if she will make a statement on the matter. [34441/15]

View answer

Written answers

The client's Rent Supplement claim was reviewed on 3rd September 2015 and entitlement re-assessed, to include her weekly income from maintenance. The client concerned is in receipt of their maximum entitlement to Rent Supplement based on their weekly means and family composition.

Invalidity Pension Applications

Questions (219)

Michael Creed

Question:

219. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection if she will expedite a decision on a claim for an invalidity pension by a person (details supplied) in County Cork; and if she will make a statement on the matter. [34458/15]

View answer

Written answers

The person concerned has been awarded invalidity pension with effect from the 30 July 2015. Payment will issue to her nominated bank account on the 29 October 2015. Any arrears due from 30 July 2015 to 28 October 2015 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The person in question was notified of this decision on the 02 October 2015.

Invalidity Pension Appeals

Questions (220)

James Bannon

Question:

220. Deputy James Bannon asked the Tánaiste and Minister for Social Protection if she will expedite an appeal for an invalidity pension by a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [34462/15]

View answer

Written answers

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.

The department received a claim for IP for the person concerned on 26 May 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. The person in question was notified on 15 June 2015 of this decision, the reasons for it and of his right of review and appeal.

The person concerned requested a review of this decision and submitted further medical evidence in support of his request. Following a review of all the information available it was decided that there was no change to the original decision. The person concerned was notified on 21 September 2015 of the outcome of the review and of his right to appeal the decision to the Social Welfare Appeals Office within 21 days.

To date there is no record of an appeal request received in the Department from the person in question. If the person in question wishes to appeal the decision, he should write to the independent Social Welfare Appeals Office, stating that he wishes to appeal the decision and the grounds for that appeal. Full instructions are on the letter which was sent to him on 21 September.

Disability Allowance Appeals

Questions (221)

James Bannon

Question:

221. Deputy James Bannon asked the Tánaiste and Minister for Social Protection if she will urgently provide a person (details supplied) in County Longford with a disability allowance, given the person's deteriorating health; and if she will make a statement on the matter. [34464/15]

View answer

Written answers

The application for disability allowance, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 10 September 2015.

The person in question requested an appeal, which was forwarded to the social welfare appeals office (SWAO) on 1 October 2015.

Social Welfare Appeals Delays

Questions (222)

Michael Healy-Rae

Question:

222. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection further to Questions Nos. 168 of 22 September 2015 and 55 of 30 September 2015, in which she states the processing time for appeals has reduced since 2011, the reason the person concerned continues to await a decision since April 2014; and if she will make a statement on the matter. [34480/15]

View answer

Written answers

The Social Welfare Appeals Office has advised me that a state pension (contributory) appeal by the person concerned was registered in that office on 16th April 2015 and not April 2014 as indicated by the Deputy. 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 09th September 2015 and the case has been 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 has also advised me that overall processing times have reduced from a peak in 2011 of 52.5 weeks for an oral hearing and 25.1 weeks for a summary decision to 26 weeks and 18.2 weeks respectively. In the case of state pension (contributory) appeals processing times for an oral hearing have reduced from 55.3 weeks to 43.8 weeks for an oral hearing and has increased slightly from 24.9 weeks to 26 weeks for a summary decision.

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.

Domiciliary Care Allowance Applications

Questions (223)

Jack Wall

Question:

223. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection the position regarding a domiciliary care allowance for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34482/15]

View answer

Written answers

An application for domiciliary care allowance (DCA) was received from the person concerned on the 10th July 2015. 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 12 weeks to process an application for DCA.

Illness Benefit Eligibility

Questions (224)

Jim Daly

Question:

224. Deputy Jim Daly asked the Tánaiste and Minister for Social Protection why her Department informed a person in County Cork (details supplied) who is in receipt of illness benefit that the payment is due to cease. [34530/15]

View answer

Written answers

Since January 2009 illness benefit is payable for a maximum of two years, i.e. 624 days.

The person concerned is currently in receipt of illness benefit and has received 591 days payment up to 25 September 2015.

Regulations provide that, when calculating the number of days due, account has to be taken of earlier illness benefit claims - provided they link within six months to one of the following benefits: jobseeker's benefit, jobseeker's allowance, injury benefit, invalidity pension, maternity benefit.

In calculating the total number of paid days for the person concerned account was taken of their previous illness benefit claims from 5 May 2009 to 23 May 2009 and from 24 December 2009 to 7 June 2011. These claims are linked through jobseeker's benefit, jobseeker's allowance and injury benefit claims which he had between 2009 and 2015.

The person concerned has been informed of the position and has been advised of other benefits to which he may have an entitlement.

Family Income Supplement

Questions (225)

Pearse Doherty

Question:

225. Deputy Pearse Doherty asked the Tánaiste and Minister for Social Protection if notional pay is regarded as assessable earnings for the purpose of calculating a family income supplement payment; and if she will make a statement on the matter. [34551/15]

View answer

Written answers

The family income supplement (FIS) is an in-work support which provides an income top-up for low paid employees with children. It is designed both to prevent in-work poverty and to offer a financial incentive to take-up employment.

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). The applicant must also have at least one qualified child who normally resides with them or is part of a family 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.

FIS is calculated on the basis of 60% of the difference between the income limit for the family size and the weekly family income of the person(s) raising the children. Weekly family income for FIS purposes is net assessable earnings from employment, income from self-employment or any other source. Net assessable earnings are gross earnings less income tax, universal social charge, employee PRSI and pension contributions. All income is assessable except the following items that are specifically listed as being excluded:

- Child Benefit

- Guardian's payments

- Supplementary Welfare Allowance

- Domiciliary Care Allowance

- Foster Child Allowance

- Rent Allowance for tenants affected by the de-control of rents

- Income from a charitable organisation

- Income from providing accommodation to students studying Irish in Gaeltacht areas under a scheme administered by the Minister for Arts, Heritage and the Gaeltacht

- Any income the children may have

I have no plans to alter what is defined as assessable income.

Social Welfare Benefits Expenditure

Questions (226)

Finian McGrath

Question:

226. Deputy Finian McGrath asked the Tánaiste and Minister for Social Protection the estimated cost of increasing the basic social welfare rate from €188 to €195 per week; and if she will make a statement on the matter. [34560/15]

View answer

Written answers

It is understood that the Deputy is referring the cost of an €7 per week increase in social welfare rates paid at a maximum personal weekly rate of €188.

The €188 weekly rate applies to the following schemes:

- Jobseeker's Benefit & Allowance

- Farm Assist & Pre-Retirement Allowance

- Back to Education Allowance& Back to Work Allowance

- One Parent Family Payment, Widow/er's/Surviving Civil Partner (Non-Con) Pension & Deserted Wife's Allowance

- Disability Allowance & Illness Benefit

- Blind Pension & Incapacity Supplement

- Health & Safety Benefit & Injury Benefit

The cost of increasing these rates by €7 to €195 per week in 2016 is approximately €229.6 million in 2016 and in a full year. This includes the cost of proportionate increases for qualified adults.

The cost in 2016 and in a full year of applying the €7 increase per week to all social welfare payments paid to persons aged under 66 years of age (including people on employment schemes, such as community employment) is approximately €303.8 million. This also includes the cost of proportionate increases for qualified adults.

These costings are subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2016.

Question No. 227 withdrawn.

Domiciliary Care Allowance Appeals

Questions (228)

Michael Healy-Rae

Question:

228. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection further to Question No. 165 of 29 September 2015, if she will review this case; and if she will make a statement on the matter. [34572/15]

View answer

Written answers

Applications for domiciliary care allowance (DCA) in respect of 2 children were received from the person concerned on the 1st July 2014 and 2nd July 2014. These applications were not allowed as the children were not considered to satisfy the qualifying conditions for the allowance. A letter issued in respect of each child on the 19th September 2014 outlining the decision of the deciding officer to refuse the allowance. The person concerned subsequently lodged appeals against the decisions, in advance of the appeals being heard, further medical opinions were requested from another of the Department’s medical assessors and the applications were again considered by a deciding officer. As the deciding officer did not consider a revision of the original decisions to be warranted, the applications were forwarded to the Social Welfare Appeals Office (SWAO) for the appeals to be processed. The SWAO advised the person concerned on the 6th August 2015 that the appeals against the decisions had not been allowed.

The decision/appeal process for these applications is now complete. A further review can be carried out if the person concerned has new or additional information which was not available to the deciding and appeals officers when they made their decisions. Alternatively, it is open to her to re-apply for the allowance at any time.

State Pension (Contributory) Eligibility

Questions (229)

Clare Daly

Question:

229. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection her plans to deal with the discrimination suffered by women who are excluded from the contributory State pension because they had to leave the workforce due to the marriage bar, even though they had more than ten years' pay-related social insurance contributions in their later working life, which would entitle them to this pension in their own right, but which is denied to them because they worked prior to their marriage. [34583/15]

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Written answers

The marriage bar is a term used to describe a rule that existed in most of the public service and some private sector employments, whereby women were expected to leave their employment upon marriage. The bar was abolished in 1973.

Where such employees were in the public service, they paid a modified rate of PRSI. These contributions provided no cover for the State pension and, accordingly, the marriage bar would not have impacted on State pension entitlement. It may, however, have impacted upon their eventual entitlement to a Public Service pension which is a matter for the Minister for Public Expenditure and Reform.

The homemaker’s scheme was introduced in 1994 to make qualification for State pension contributory (SPC) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age, or caring for incapacitated people, to be disregarded when a person’s social insurance record is being calculated for pension purposes. The effect of this is to reduce the number of years by which the person’s contributions are divided, thereby increasing their yearly average, making it easier for them to qualify for the maximum rate of SPC. However, it is important to note that the homemaker’s scheme will not, of itself, qualify a person for a pension. The standard qualifying conditions must also be satisfied. These require a person to enter insurable employment at least ten years before pension age, pay a minimum of 520 contributions at the appropriate rate (credited contributions do not satisfy this condition) and achieve a yearly average of at least 10 contributions paid or credited on their record. A yearly average of 48 or more is required to qualify for a maximum rate SPC.

It is not the case that someone with at least 10 years (520 weeks) of reckonable contributions, paid after an earlier period working in the public service, would be denied a State pension because of that earlier employment. Such pensioners would still have a yearly average above the 10 contributions required to qualify for the SPC. It is probable, however, that they would have a reduced rate of SPC entitlement, as a result of the years during their working life when they were not making full-rate PRSI contributions, and it may be that they would qualify for a higher rate of payment under an alternative scheme, unless they had significant means.

For those with insufficient contributions to meet the requirements for a maximum rate State pension (contributory), they may qualify for a means tested State pension (non-contributory) which has a maximum personal rate of €219, or just over 95% of the maximum rate of the contributory pension. Alternatively, if a person’s spouse or civil partner is in receipt of a SPC, they may instead qualify for an Increase for a Qualified Adult of up to €206.30, which is just less than 90% of the maximum personal rate of the SPC.

Disability Allowance Applications

Questions (230)

Patrick O'Donovan

Question:

230. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection if a claim for a Disability Allowance by a person (details supplied) in County Tipperary will be assessed as a priority; and if she will make a statement on the matter. [34588/15]

View answer

Written answers

The person concerned has been awarded disability allowance (DA) with effect from 29 July 2015. The first payment will be made by his selected payment method on 21 October 2015.

Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).

Social Insurance

Questions (231)

John McGuinness

Question:

231. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection further to Question No. 267 of 22 September 2015, if she will outline the issues raised by the Social Welfare Branch Managers' Association and her response to these; if the Revenue Commissioners have given their opinion, or if it has been sought; the number of times her Department has met the representatives of the association; and if she will make a statement on the matter. [34589/15]

View answer

Written answers

The Department has had discussions with the agents of the Branch Managers' Association in connection with the PRSI issue raised by the Association. The Department has consulted with the Revenue Commissioners in this regard. The Department has responded to the Branch Managers' agents setting out its position on the matter.

Question No. 232 withdrawn.
Question No. 233 answered with Question No.187.

Social Insurance Yield

Questions (234)

Richard Boyd Barrett

Question:

234. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Social Protection if she will provide details of income in her Department from pay-related social insurance receipts, on a monthly basis over the past two years, due to increased levels of employment. [34651/15]

View answer

Written answers

The following table provides details of monthly Social Insurance Fund contribution income from PRSI receipts each month from January 2013 up to August 2015:

-

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Total

-

€m

€m

€m

€m

€m

€m

€m

€m

€m

€m

€m

€m

€m

2013

582

587

548

654

567

576

619

564

579

627

788

610

7,303

2014

582

686

655

672

608

607

651

626

612

671

828

666

7,865

2015

672

761

669

731

672

635

709

668

5,518

It is not possible to disaggregate the year on year increases over the period as a consequence increased levels of employment.

Carer's Allowance Applications

Questions (235)

Tom Fleming

Question:

235. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will examine and expedite an application for a carer's allowance by a person (details supplied) in County Cork, as all the relevant information has been submitted; and if she will make a statement on the matter. [34717/15]

View answer

Written answers

I confirm that the Department received an application for carer’s allowance from the person concerned on 28 September 2015. Once processed, the person concerned will be notified directly of the outcome.

Dental Services

Questions (236)

Jack Wall

Question:

236. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection if assistance is available for a person (details supplied) in County Kildare for treatment to the person's teeth; and if she will make a statement on the matter. [34718/15]

View answer

Written answers

The person concerned is not qualified for benefit under this Department’s dental benefit scheme, which is based on PRSI contributions paid (and currently covers a free dental examination).

If she is the holder of a Medical card, she should contact her local HSE office, who will be able to advise her of any assistance she may be entitled to through the HSE dental scheme.

Fuel Allowance Payments

Questions (237)

Helen McEntee

Question:

237. Deputy Helen McEntee asked the Tánaiste and Minister for Social Protection if she will provide an update on fuel supports for senior citizens for winter 2015-16, given the colder weather in the summer of 2015, which resulted in persons incurring additional heating expenses; and if she will make a statement on the matter. [34742/15]

View answer

Written answers

My Department has a number of schemes in place to help senior citizens with their energy costs.

The fuel allowance is a payment of €20 per week for a period from October to April, to low income households. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household. The scheme is means tested and an applicant and members of his/her household may have a combined assessable income of up to €100.00 a week above the appropriate rate of State pension. The fuel allowance payment is targeted at those who are more vulnerable to energy poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own. At the end of the 2014/2015 fuel season, the fuel allowance had assisted over 407,000 households on long-term social welfare payments at a cost of €217 million in 2014.

My Department also pays an electricity or gas allowance of €35 per month as part of the household benefits package. The estimated cost of the package in 2015 is €227 million and is paid to some 416,000 customers, mostly elderly and disabled. The package is generally available to people living in the State, aged 66 years or over who are in receipt of a social welfare type payment or who satisfy a means test. People aged over 70 years of age can qualify for the household benefits package regardless of their income or household composition. Those aged under 70 must live alone or only with certain excepted people in order to qualify.

Under the supplementary welfare allowance scheme, exceptional needs payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources – this may include exceptional heating costs.

Employment Support Services

Questions (238)

Helen McEntee

Question:

238. Deputy Helen McEntee asked the Tánaiste and Minister for Social Protection her Department’s supports and planned supports for young Irish persons who were forced to emigrate during the recession and who are now returning to secure employment; her Department’s initiatives for supporting returning young persons while new employment is being secured; and if she will make a statement on the matter. [34743/15]

View answer

Written answers

It is a welcome development that employment has been growing again for three years and that further growth will provide increased opportunities for Irish people abroad to return to work here.

At least some people return because they have already found employment to return to, and others will find employment relatively quickly on their return. The recent CSO population and migration estimates indicate that only 10% of people who had immigrated over the last year (which would include returning emigrants) were unemployed in April 2015.

For those young people who return and have difficulty in finding employment they will receive all the supports available to other young unemployed people. These supports are included in the government’s Pathways to Work strategy, which details the measures being taken to ensure that as many as possible of the jobs created are taken up by jobseekers and young jobseekers in particular.

As part of Pathways, the government’s Youth Guarantee Implementation Plan sets a medium-term objective of ensuring that young people receive an offer of employment within four months of becoming unemployed. The main plank of the guarantee is assistance to young people in finding and securing sustainable jobs. For those who do not find employment, additional offers are provided for. Most such offers (over 70%) are in further education or training. Others are in community-based employment programmes such as CE, Gateway and Tús, or through the JobsPlus employment subsidy for private employment.

National Monuments

Questions (239)

Clare Daly

Question:

239. Deputy Clare Daly asked the Minister for Finance the expenditure National Asset Management Agency has committed to date in support of the Chartered Land planning application that will destroy the last extant 1916 battlefield site. [34069/15]

View answer

Written answers

As has been explained in Parliamentary Question 127 of 29 September 2015, the Minister of Arts, Heritage, and the Gaeltacht, via the National Monuments Service, recently deemed the buildings at 14-17 Moore Street a National Monument. Following the decision by the National Monuments Service to deem the buildings a National Monument, I am advised that NAMA swiftly facilitated the sale of 14-17 Moore Street, by one of its debtors, to the State. 

The Minister for Arts, Heritage and the Gaeltacht made the announcement, on 31 March 2015, that the State was to acquire the National Monument at Moore Street.

I am further advised that the transaction has been completed and 14-17 Moore Street are now in State ownership under the aegis of the Department of Arts, Heritage and the Gaeltacht. 

As a result of this sale, 14-17 Moore Street no longer serve as security in relation to any NAMA loan. The contract for sale included all licenses needed to enable the State carry out the National Monument works including site access from all sides.

The sale to the State has meant that the Moore Street National Monument has now come into public ownership and the long-term future of this historical landmark is secured.

As previously outlined, whilst NAMA facilitated the transaction, the sale was ultimately a commercial matter between the owner of the properties and the Department of Arts, Heritage and the Gaeltacht as purchaser. Therefore questions relating to the commercial aspects of that transaction should be addressed to those parties. Moreover, NAMA is legally precluded under Section 99 of the NAMA Act 2009 from disclosing details of its financial dealings with debtors to any third party. 

The formulation and implementation of policy relating to the protection of Ireland s archaeological heritage is the responsibility of the National Monuments Service.  As such, questions relating specifically to the designation, or non-designation, of these and other landmarks as National Monuments, should be directed to the Minister for Arts, Heritage and the Gaeltacht.

Tax Yield

Questions (240)

Richard Boyd Barrett

Question:

240. Deputy Richard Boyd Barrett asked the Minister for Finance the total figure foregone in tax to the Exchequer each year as a result of the tax credits for private health insurance; and if he will make a statement on the matter. [34228/15]

View answer

Written answers

I am informed by the Revenue Commissioners that the following table gives a breakdown of the estimated cost to the Exchequer of tax relief allowed through the tax relief at source (TRS) system for medical insurance premia from 2005 to 2014.

The estimates do not include costs to the Exchequer of age-related tax relief at source, which was established by the Health Insurance (Miscellaneous Provisions) Act 2009. Those costs are shown separately in the final column of the following table. The cost of the age-related tax credit for the years 2009 to 2012 inclusive is offset by a stamp duty on health insurance policies.

The age-related tax credit and stamp duty were part of an interim scheme of risk equalisation, which was introduced in order to provide direct support to community rating in the private health insurance market and is intended to be revenue neutral over its duration. This interim scheme expired on 31 December 2012 and was replaced from 1 January 2013 by a permanent risk equalisation scheme, provided for in the Health Insurance (Amendment) Act 2012.

Risk equalisation credits are not given through the tax system effective from 1 January 2013. 

Tax Year

Estimated Cost €m (excluding cost of Age Related Tax Credit)

Cost of Age-Related Tax Credit €m

2005

230

Not Applicable

2006

261

Not Applicable

2007

300

Not Applicable

2008

321

Not Applicable

2009

374

216

2010

390

308

2011

404

333

2012

448

436

2013

463

112

2014

354

0.3

VAT Exemptions

Questions (241, 242)

James Bannon

Question:

241. Deputy James Bannon asked the Minister for Finance if he will consider exempting a charitable school (details supplied) in County Longford from VAT; and if he will make a statement on the matter. [34613/15]

View answer

James Bannon

Question:

242. Deputy James Bannon asked the Minister for Finance his plans to remove the VAT from building works on all schools with a charitable status; and if he will make a statement on the matter. [34616/15]

View answer

Written answers

I propose to take Questions Nos. 241 and 242 together.

I am advised by the Revenue Commissioners that for reasons of taxpayer confidentiality it cannot comment upon the tax affairs of individual bodies.  The Commissioners have confirmed that schools providing education, based on a programme prescribed or approved by the Minister for Education and Skills, are approved bodies for a scheme of tax relief on donations and for tax relief on certain income. 

The Revenue Commissioners have pointed out that the VAT treatment of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. The EU VAT Directive (Council Directive 2006/112/EC) provides, in general, that the standard rate of VAT is to be applied to supplies of all goods and services.  The Directive provides that the VAT rate is determined by the nature of the supply and not the status of the recipient of the supply.  By way of special derogation from the general rule, however, Ireland is permitted to apply the reduced rate of 13.5% to construction services such as school building works. The EU VAT Directive provides no scope to remove VAT from the supply of such services.

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