Written Answers Nos. 175-195
175. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection the progress made on the review of eligibility for the Insolvency Payments Scheme; and if she will make a statement on the matter. [36346/15]
View answerThe purpose of the insolvency payments scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act, 1984, which, in turn, derives from EU Council Directive 987/80, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice and Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal and Rights Commissioners are also covered by the scheme.
Where a person’s former employer was a limited company, the company must be in liquidation or receivership in order for the person to be eligible to claim under the insolvency payments scheme. In such circumstances, the liquidator or receiver becomes the relevant officer for submitting claims as he or she has access to the company records and can certify that the amounts claimed are in order.
There can be situations whereby employers have ceased trading without engaging in any formal wind-up process and some or all of their former employees are left with money owed to them. Such people are not covered by the insolvency payments scheme.
The Department is continuing to review the position to establish what, if anything, can be done to progress payments to individuals in situations where employers cease trading without engaging in a formal winding-up process and owe moneys to their employees. The Department is consulting a range of interested parties, including the Office of the Director of Corporate Enforcement, the Department of Jobs, Enterprise and Innovation and the Revenue Commissioners, in respect of these issues. Officials from the Department will continue to engage with all relevant parties to try to progress the matter. There are very difficult legal issues that need to be addressed and the potential impacts that any proposed policy development might have must be considered.
I am not in a position to indicate at this stage when the review will be completed. We do not yet have a legal solution to it because there are all sorts of consequences that might flow from taking a legal position that was not carefully worked out. It could damage other people as well as addressing the problems faced by some people. In addressing this, we must find a sensible and proportionate approach which does not have negative knock-on consequences for workers' other rights.
176. Deputy Ruth Coppinger asked the Tánaiste and Minister for Social Protection if, in order to avoid a family being made homeless (details supplied) in Dublin 15, she will exercise discretion and not reject the application for rent supplement on the grounds that the parent voluntarily gave up employment when the parent is on career leave for child care reasons [36374/15]
View answerThe Department received an e-mail enquiry from the Deputy’s office on 12th October 2015 concerning the application for rent supplement from the person concerned. In our reply of 13th October we advised of the outstanding information that was required before a decision can be made on the application. To date this information has not yet been received, but when it is to hand we will be in a position to progress the case, and all possible assistance will be given in this matter.
177. Deputy Pat Deering asked the Tánaiste and Minister for Social Protection the reason unemployed persons who do not have a social welfare claim in their own right, namely, they are classed as qualified adult dependents, are excluded from the Tús - work placement initiative, even though spousal transfer is allowed for the rural social scheme; the reason unemployed persons under 25 years of age who are living at home, and whose parents are earning just above the cut-off point for their dependents to be eligible for jobseeker's payment, are excluded from the initiative. [36393/15]
View answer178. Deputy Pat Deering asked the Tánaiste and Minister for Social Protection if she will review the maximum 12 month duration on a Tús - work placement initiative, on a case-by-case basis, particularly for social and child care placements, where the service users respond better to staff they know and trust, and allow participants gain the minimum experience required, in addition to their qualification, to secure full time employment. [36394/15]
View answer179. Deputy Pat Deering asked the Tánaiste and Minister for Social Protection if she will examine the recent directive that allows self referrals to apply for participation in a Tús - work placement initiative, where the main criteria is that the person self-referring must not have engaged in the initiative for a period of more than three years, given that other community employment schemes have only a two year ban. [36395/15]
View answerI propose to take Questions Nos. 177 to 179, inclusive, together.
Tús, the community work placement initiative, provides up to 8,000 short-term, quality work opportunities for those who are unemployed for more than a year. This initiative is being delivered through the network of local development companies and Údarás na Gaeltachta.
Eligibility for Tús is confined to those on the live register and receiving a jobseekers allowance payment for at least 12 months. These requirements ensure a targeted approach to those jobseekers on the live register that are currently long-term unemployed and allows for resources to be made available to the largest number of jobseekers. Tús is designed to break the cycle of unemployment and maintain work readiness with the aim of improving a person’s opportunities in returning to the labour market. There are no circumstances under which a person’s term on Tús will be extended beyond twelve months and it is not in the interest of any participant that such work placements extend for prolonged periods of time.
The restriction of re-engagement on Tús is to enable participants to engage in active job search and to engage with other activation activities provided by the Department, including training coupled with work experience, as provided by the Community Employment scheme. It should be noted that the Department works the implementing bodies to ensure that the full range of employment and activation supports is available to those who complete their Tús placement.
At present, there are no plans to change the eligibility criteria for participation on Tús. It is considered that the existing criteria are adequate to meet the programme’s objectives.
180. Deputy Finian McGrath asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 59 of 30 September 2015, if she will provide a timeframe for the groups (details supplied) to meet the interdepartmental working group under the upcoming comprehensive employment strategy for people with disabilities; and if she will make a statement on the matter. [36401/15]
View answerAs the Deputy is aware, an interdepartmental working group has been established to examine the findings of the recently completed evaluation report of the Disability Activation (DACT) project.
Membership of the working group comprises representatives of Departments that have commitments under the recently-launched Comprehensive Employment Strategy (CES) for people with disabilities, as well as the National Disability Authority.
The group will hold its initial meeting later this month. This meeting will determine the working methods of the group, and timescale for completion of its work, including the scheduling of meetings with representatives from some of the DACT projects, including the WALK Peer project.
181. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection when the file of a person (details suppled) in County Kildare will be forwarded by her Department to the appeals office for a decision on an invalidity pension; and if she will make a statement on the matter. [36413/15]
View answerOn receipt of additional medical evidence submitted in support of the appeal of the person in question, a review of the claim was carried out by a deciding officer and the person concerned has been awarded invalidity pension with effect from the 11 December 2014. As a result the appeal is no longer necessary. Payment will issue to his nominated bank account on 5 November 2015. Any arrears due from the 11 December 2014 to 04 November 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 16 October 2015.
183. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision on an application for a carer's allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [36426/15]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19th May 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 28th September 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.
184. Deputy Thomas Pringle asked the Tánaiste and Minister for Social Protection given that the recent budget aimed to benefit children and families, why she did not increase the weekly living allowance for children in direct provision centres; the reason she did not see this as a budgetary matter; and if she will make a statement on the matter. [36430/15]
View answer186. Deputy Thomas Pringle asked the Tánaiste and Minister for Social Protection the annual cost to her Department of increasing the living allowance for children living in direct provision centres by €5 per child per week; and if she will make a statement on the matter. [36440/15]
View answerI propose to take Questions Nos. 184 and 186 together.
The Government in its decision of the 30 June 2015 recommended that the Report of the Working Group on the Protection Process should in the first instance be the subject of detailed discussion at the Cabinet Committee on Social Policy and Public Service Reform. The Committee agreed that the Department of Justice and Equality should prepare a report for the Cabinet Committee, in conjunction with relevant Departments, on the practical implications of the Report's recommendations. Each Department has examined the recommendations to determine timescales for implementation and any impacts and issues that may arise. The Department of Justice and Equality is currently analysing the responses with a view to preparing a report for the Cabinet Committee.
The direct provision allowance is a non-statutory payment administered by the Department of Social Protection on behalf of the Department of Justice and Equality. The report recommended an increase in the rate of the direct provision allowance payment to both adults and children. The recommendation will be considered by the Cabinet Committee in due course.
There are currently approximately 1,160 children in respect of whom the direct provision allowance child rate is being paid. The annual cost of increasing the direct provision allowance payment by €5 for this number of children would be €301,600.
185. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection if she will investigate the reason a decision has not been made on an application for a carer's allowance by a person (details supplied) in County Mayo, given that this application was submitted more than five months ago; when a decision will be reached; and if she will make a statement on the matter. [36437/15]
View answerI confirm that the Department received an application for carer’s allowance from the person concerned on 5 May 2015.
The application was referred by a deciding officer (DO) to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied. The SWI has reported to the DO but some additional information is required in relation to the employment of the partner of the person concerned. Once this information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
187. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection when payment of a disability allowance will issue to a person (details supplied) in County Limerick who is in urgent need of financial assistance; and if she will make a statement on the matter. [36441/15]
View answerThe person concerned has been awarded disability allowance (DA) with effect from 25 March 2015. The first payment was made by his selected payment method on 26 August 2015.
DA arrears have recently issued by cheque to the person in question.
188. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Social Protection if she will consider a special dispensation for retired members of the Defence Forces, with no other means other than their pension, to avail of social welfare supports, and participation in various schemes. [36443/15]
View answerThe Community Employment Scheme is an active labour market programme with the aim of progression into employment and/or further education and training for jobseekers that have been unemployed for a minimum of one year and in receipt of Jobseekers Allowance. The eligibility information is available on www.welfare.ie. For those who do not meet the published CE eligibility criteria they are recommended to contact their local DSP Intreo Office to discuss the employment and training options that are open to them.
189. Deputy Colm Keaveney asked the Tánaiste and Minister for Social Protection the cost in 2015 of the wage subsidy scheme; the financial implications to the Exchequer of reducing the minimum hours threshold from 21 hours to 18 hours per week; and if she will make a statement on the matter. [36449/15]
View answerThe estimated outturn of expenditure on the Wage Subsidy scheme for 2015 is €16.93 million.
The rationale behind the current hours-worked threshold is to increase the potential for people with disabilities, with the capacity to do so, to obtain employment in the open labour market and become more independent and therefore less reliant on social welfare payments. Any reduction of the hours worked threshold would dilute this policy intent.
Given the demand-led nature of the scheme, the suggested change to the qualifying conditions would have an unquantifiable impact on the numbers of people claiming, and as a result, it is not possible to estimate the costs involved.
190. Deputy Joan Collins asked the Tánaiste and Minister for Social Protection the position for persons on JobBridge and Gateway schemes, if they are involved in an accident in the workplace (details supplied); and if she will make a statement on the matter. [36450/15]
View answer195. Deputy Joan Collins asked the Tánaiste and Minister for Social Protection her views on a matter (details supplied) regarding JobBridge; and if she will make a statement on the matter. [36480/15]
View answerI propose to take Questions Nos. 190 and 195 together.
JobBridge, the National Internship Scheme, was introduced in July 2011 in response to the unprecedented collapse in the economy – particularly the sharp increase in unemployment. The aim of the JobBridge Scheme is to give unemployed people an opportunity to secure work experience and to prove their competence to prospective employers.
As part of the advertisement process for JobBridge, the Department has robust screening and monitoring procedures in place. Each Host Organisation must, inter alia, agree to the basic Terms and Conditions at the outset and before an application can be validated. These include the requirements that the host organisation must have Public/Employers Liability insurance and Motor Insurance, if applicable, that will cover any interns on the JobBridge Scheme, and be fully compliant with current workplace Health and Safety and all other legal and sectoral requirements. A Host Organisation cannot proceed beyond the application stage until it confirms compliance with the Terms and Conditions of the JobBridge Scheme. Host Organisations must also ensure procedural and regulatory compliance in relation to placements that require Garda Vetting or other sectoral requirements. In such instances, interns must agree to comply with requests for Garda Vetting and/or other sectoral requirements, where necessary, in accordance with the Host Organisation’s policy.
It is also important to note that participation on JobBridge is not mandatory. Jobseekers avail of JobBridge opportunities on a purely voluntary basis and there is no sanction of any kind if a jobseeker does not apply for or avail of JobBridge. The Department has not and will not tolerate any abuse of the JobBridge Scheme or exploitation of participants. There is a rigorous control and monitoring regime in place to mitigate the risk of misuse or abuse. The Department also conducts regular monitoring visits to determine how individual internships are progressing. Where abuses of JobBridge are found, they are dealt with as a matter of priority and appropriate remedial action taken.
Participants on the Gateway Scheme have a contract of employment for 22 months with the relevant city or county councils and class A PRSI contributions are paid on their behalf. Gateway participants are covered by the Public/Employers Liability insurance of the relevant authority with which they undertake the work placement.
The Deputy makes reference to the use of JobBridge in Donegal by a company subcontracted by the HSE. According to the Department’s records, this company has provided a total of six internship positions in Donegal, five of which have already finished and one which is currently ongoing. Of these six internships, all have been in the area of administration, including four as File Manager/General Office Administrator and one each as Office/Payroll Administrator and Receptionist/Office Assistant. We have no details of JobBridge internships in Donegal as care workers for this host organisation.
191. Deputy Paul J. Connaughton asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in County Galway was refused a carer's allowance; and if she will make a statement on the matter. [36461/15]
View answerI confirm that the department received an application for CA from the person concerned on 4 June 2015. It is a condition for receipt of a carer’s allowance (CA) that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
It is a further condition that the carer cannot be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for more than 15 hours per week.
All the evidence submitted in support of this application was examined and the deciding officer decided that the person in question was not entitled to CA on the grounds that neither of the conditions mentioned in the previous paragraphs was satisfied.
The person concerned was notified on 6 October 2015 of this decision, the reasons for it and of her rights of review and appeal.
193. Deputy Thomas Pringle asked the Tánaiste and Minister for Social Protection when appeals under the jobseeker's benefit scheme by persons (details supplied) will be decided; and if she will make a statement on the matter. [36464/15]
View answerThe Social Welfare Appeals Office has advised me that the jobseeker’s benefit appeals in the case of the first, second and third named persons have been referred to an Appeals Officer who will make a summary decision on the appeals based on the documentary evidence presented or, if required, hold an oral hearing.
With regard to the fourth named person, I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal by way of a summary decision. The person concerned has been notified of the Appeals Officer’s 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.
194. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 32 of 13 October 2015, when a jobseeker's allowance will be paid, given that the person (details supplied) has attended the local office in Dún Laoghaire on numerous occasions, but who has been turned away for not having a national passport, despite having grown up and been educated here, and having been previously in receipt of this allowance; and if she will make a statement on the matter. [36476/15]
View answerThe person concerned has made no application or contacted the local office in relation to a Jobseekers claim. She has a public service card which is sufficient for identity purposes and therefore does not require production of her passport. The person concerned may contact her local office to make an appointment to assess eligibility to a jobseeker's claim.
