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Wednesday, 14 Oct 2015

Written Answers Nos. 1-14

Water Conservation Grant

Questions (1)

Charlie McConalogue

Question:

1. Deputy Charlie McConalogue asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in County Donegal is not entitled to the water conservation grant; and if she will make a statement on the matter. [35843/15]

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Written answers

The eligibility criteria for the Water Conservation Grant are set out in the Water Services Act 2014 (Water Conservation Grant) Regulations. Under regulation 5(1) a person who registers with Irish Water, as required under section 5(2)(a) of the Water Services Act 2014, on or before 30 June 2015 shall be eligible to receive the grant in 2015 if they were normally resident at the principal private residence on that date

Therefore in the case of the person concerned, to be eligible to receive the grant in 2015, they must have been normally resident at the principal private residence on 30 June 2015. From the information provided, it would appear that the property you refer to is a holiday home and not their principal private residence.

Social Welfare Overpayments

Questions (2)

Seán Kenny

Question:

2. Deputy Seán Kenny asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in Dublin 3 has been billed for a debt arising from a disability allowance payment for a daughter who is receiving foster care. [35848/15]

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Written answers

Following a review of the entitlement of the person in question, it was established that the person concerned had failed to disclose to the Department a relevant change to her circumstances as she is required to do. On 9 August 2013 a deciding officer decided that the person concerned was not entitled to an increase for a qualified child on her disability allowance from 21 January 2009 to 23 July 2013 because the child in question was not residing with her.

The person concerned was notified of the decision and the reason for it and was given the right to appeal this decision to the Social Welfare Appeals Office within 21 days of that notification. No appeal was received in this case.

The Department is currently recovering the debt by weekly deductions from the DA payment of the person in question. If the person in question is having difficulties in making the repayments, she should contact the Department setting out her financial circumstances and asking that the repayment amount be reviewed.

Domiciliary Care Allowance Applications

Questions (3)

Patrick O'Donovan

Question:

3. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection if she will provide a status update on an application for a domiciliary care allowance by a person (details supplied) in County Limerick; and if she will make a statement on the matter. [35855/15]

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Written answers

An application for domiciliary care allowance (DCA) was received from the person concerned on the 8th September 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.

Carer's Allowance Applications

Questions (4)

John O'Mahony

Question:

4. Deputy John O'Mahony asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on an application for a carer's allowance; and if she will make a statement on the matter. [35858/15]

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Written answers

I confirm that the department received an application for carer’s allowance from the person concerned on 18 August 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.

Rent Supplement Scheme Payments

Questions (5)

Bernard Durkan

Question:

5. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if an increase in rent allowance will be facilitated for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35899/15]

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Written answers

As previously outlined to the Deputy as recently as last week on the 8th of October 2015 in response to Parliamentary Question No 47, the client concerned should provide the Department with an up to date Rent Supplement application form and lease agreement in order for their entitlement to be re-assessed. This documentation has not, to date, been received by the Department.

Community Employment Schemes Eligibility

Questions (6)

Jack Wall

Question:

6. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection if a person (details supplied) in County Kildare will be granted an extension of time on a community employment scheme; and if she will make a statement on the matter. [35930/15]

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Written answers

For persons up to the age of 55, the maximum duration of participation on a Community Employment Scheme is 3 years, as set out by the Departments scheme guidelines. As the person concerned is under 55 years, regrettably an extension cannot be considered.

Unemployment Benefits Payments

Questions (7)

Eoghan Murphy

Question:

7. Deputy Eoghan Murphy asked the Tánaiste and Minister for Social Protection if she will consider amending social welfare rules so that if someone who is receiving unemployment benefits starts a company and draws a salary from it, that person's State support will continue for a period. [35933/15]

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Written answers

The Department of Social Protection operates two schemes to assist people on certain social protection payments who wish to become self-employed; namely the Short Term Enterprise Allowance and the Back to Work Enterprise Allowance.

The Short Term Enterprise Allowance provides immediate access to a monetary incentive to support jobseekers who qualify for jobseekers’ benefit to set up a business. Payment under the scheme is at the same rate and for the same duration as the entitlement to jobseeker’s benefit exists.

The Back to Work Enterprise Allowance is designed to provide a monetary incentive for people who are on social welfare payments to develop a business while allowing them to retain a reducing proportion of their qualifying social welfare payment over two years; 100% in year 1 and 75% in year 2.

Information on accessing the scheme and supports for people considering starting their own business is available from DSP Intreo centres, local enterprise offices and local development companies. Further information is available on the Department’s website www.welfare.ie.

Question No. 8 withdrawn.

Water Conservation Grant

Questions (9)

Éamon Ó Cuív

Question:

9. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Social Protection if she will clarify a matter regarding the water conservation grant for persons (details supplied) in County Dublin who are paying Irish Water by standing order, but whose application for the conservation grant cannot be accepted online due to some error and-or dispute between Irish Water and her Department; if she will examine this issue; and if she will make a statement on the matter. [35941/15]

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Written answers

I understand an officer of my Department has contacted you regarding this matter and is awaiting details from your office. On receipt of the necessary details, the case will be examined and you will be notified of the outcome by my Department.

Tax Reliefs Application

Questions (10)

Catherine Murphy

Question:

10. Deputy Catherine Murphy asked the Minister for Finance the differences between the old and new sections 481 for film; the body that administers the new scheme; if he is satisfied that the new scheme is working correctly; and if he will make a statement on the matter. [35837/15]

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Written answers

Following an economic impact assessment of the film relief, published in December 2012, and in line with the Programme for Government commitment to 'reduce, cap or eliminate income tax reliefs that benefit high income individuals', I made a number of changes to the film tax relief scheme. Primarily, these changes amended the scheme so that instead of providing for tax relief at an individual's marginal rate for an investment made in a qualifying company, a corporation tax credit is paid to a film producer company.

A Certificate is issued by the Revenue Commissioners but both the Minister for Arts, Heritage and the Gaeltacht and the Revenue Commissioners have specific responsibilities in relation to the certification process.  The Minister for Arts, Heritage and the Gaeltacht has responsibility to ensure that it is appropriate for the Revenue Commissioners to consider the issue of a Certificate for a film, having regard to -

- The categories of film eligible for certification and

- the contribution a film will make to either or both the development of the film industry in the State and the promotion and expression of Irish culture.

The Revenue Commissioners have responsibility to ensure that all other aspects of the project, including the financial aspects, have the potential to satisfy the requirements of the law. The Revenue Commissioners will not issue a Certificate unless they have received an authorisation from the Minister for Arts, Heritage and the Gaeltacht and they are satisfied with the other aspects of the proposal. Notwithstanding the dual roles, there is a simplified application procedure so that the producer/promoter has to deal with only one body.

The new scheme has been in place since January 2015. The operation of the scheme is monitored by my Department and the Revenue Commissioners, and I am satisfied that the scheme is working correctly and provides better targeted funding for the production of films.

Tax Code

Questions (11)

Michael McCarthy

Question:

11. Deputy Michael McCarthy asked the Minister for Finance if he will report on the situation whereby a semi-State employee's travel expenses may be subject to various deductions by the Revenue Commissioners; the number of persons affected by this; and if he will make a statement on the matter. [35861/15]

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Written answers

I am advised by the Revenue Commissioners that employers may reimburse, tax-free to office holders and employees, the expenses of travel, and subsistence relating to that travel, subject to certain conditions being fulfilled. The principal conditions are that:

- the office holder or employee must be temporarily away from his/her normal place of work in the performance of the duties of his/her office or employment;

- the travel expenses must be necessarily incurred in the performance of the duties of the office or employment; and

- the expenses of subsistence must attach to travelling necessarily incurred in the performance of the duties of the office or employment.

These conditions are set out in detail on the Revenue website at http://www.revenue.ie/en/practitioner/law/statements-of-practice/sp_it_2_07.pdf

I am further advised by the Revenue Commissioners that the treatment of travel expenses of an employee of a semi-State body should not differ from that of any other employee.  If the Deputy has particular circumstances in mind, he may wish to take his query up directly with the Revenue Commissioners at the following contact number (01) - 8589 999.

Tobacco Smuggling

Questions (12)

Thomas P. Broughan

Question:

12. Deputy Thomas P. Broughan asked the Minister for Finance the number of persons prosecuted for cigarette and tobacco smuggling at Dublin Port and Dublin Airport in 2014, and in 2015 to date; the number of successful convictions and prosecutions ongoing; and if he will make a statement on the matter. [35853/15]

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Written answers

I am advised by the Revenue Commissioners that the number of persons prosecuted in respect of cigarette and tobacco smuggling, arising from detections made by Revenue officers at Dublin Airport, was 40 in 2014 and 23 in the period from 1 January to 9 October 2015.  Successful convictions were obtained in 39 cases in 2014 and 22 to date in 2015. 

There are 25 prosecution cases ongoing in respect of cigarette and tobacco smuggling detected by Revenue officers at Dublin Airport during 2014 and 2015 (to 9 October). 

There were a further 24 prosecutions and convictions in 2014 and 15 to date in 2015 in relation to the illegal selling of smuggled cigarettes and tobacco arising from detections made by Revenue officers based at Dublin Port.

There are 96 prosecution cases ongoing in respect of the illegal selling of smuggled cigarettes and tobacco products detected by Revenue officers based at Dublin Port during 2014 and year to date in 2015.

Income Data

Questions (13)

Pearse Doherty

Question:

13. Deputy Pearse Doherty asked the Minister for Finance if he will provide, based on tables (details supplied), corresponding tables based on the most recent available data. [35898/15]

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Written answers

I am advised by the Revenue Commissioners that Revenue's Statistics webpage (http://www.revenue.ie/en/about/statistics/index.html) has extensive details on the distribution of incomes in Ireland. In particular, linked from the webpage and hosted by the CSO at http://www.cso.ie/px/pxeirestat/pssn/rv01/homepagefiles/rv01_statbank.asp, under the "Income Tax and Corporation Tax Distribution Statistics", the table RVA04  show numbers (and percentages) of cases by income range for Income Tax  and Universal Social Charge combined. In relation to statistics specifically relating to PRSI, the Deputy may wish to contact the Department of Social Protection which would be responsible for these.

Commercial Rates Exemptions

Questions (14)

Joanna Tuffy

Question:

14. Deputy Joanna Tuffy asked the Minister for Public Expenditure and Reform the up-to-date position regarding plans to make provision to exempt preschool providers from commercial rates (details supplied); and if he will make a statement on the matter. [35840/15]

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Written answers

Inconsistency in the approach to the exemption from rates for childcare and education facilities and calls to exempt all such providers were among the issues raised at a number of stages during the passage of the Valuation (Amendment) Act 2015.  As a result, I got Government approval for a Seanad Report Stage amendment to insert into Schedule 4 of the Valuation Act 2001 an exemption from rates for properties occupied by parties that provide early childhood care and education on a not-for-profit basis. This extension of the childcare and education exemption removed an anomaly that existed where those that provided childcare and education on a charitable basis were exempt but those that did so on a not-for-profit basis were not.

The Valuation Office is in the process of updating valuation lists to give effect to this extension of the exemption so that it will be effective for qualifying providers in 2016. The Valuation Office's interpretation of paragraph 10 of Schedule 4 of the Valuation Acts 2001 to 2015 means that those that only provide the Early Childhood Care and Education Scheme are also exempt from rates.

The decision taken by Government to extend the exemption from rates for early childcare and education was taken having considered the views of stakeholders in the sector. As outlined in the Seanad, and subsequently in the Dáil, key valuation principles have to be respected to retain the integrity and equity of a system that is a significant source of funding for Local Authorities. One of those principles is that properties of occupiers that operate with the intention of making a profit are rateable.

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