Written Answers Nos. 212 - 229
212. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a disability allowance payment to a person (details supplied) in County Clare will be reinstated; and if she will make a statement on the matter. [37821/15]
View answerThe disability allowance (DA) payment of the person concerned was suspended in mid-September because payment had not been collected from the Post Office within the time limit allowed. Following appropriate explanation from the person concerned, payment of DA was re-instated on 5 October 2015 and arrears due issued by cheque on 29 October 2015.
213. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when payment of a domiciliary care allowance to a person (details supplied) in County Clare will be reinstated ; and if she will make a statement on the matter. [37822/15]
View answerThe person concerned applied for domiciliary care allowance in respect of her child on the 28th July 2015. The application was not allowed as it was considered that the child did not meet the eligibility criteria for the allowance. A decision letter issued to her on the 27th October 2015.
In the case of an application which is refused the applicant may submit additional information and ask for the decision to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office. The person concerned has been advised of these options in the decision letter.
214. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection the status of review of a carer's allowance for a person (details supplied) in County Clare; and if she will make a statement on the matter. [37823/15]
View answerCarer's Allowance (CA) is a social assistance payment made to persons who are providing full-time care and attention to a relevant person/persons and whose income falls below certain limits.
The application is currently with a social welfare inspector for assessment of means and confirmation that all the conditions for receipt of carer’s allowance are satisfied. Once the investigative officer has completed and submitted the report the person concerned will be notified directly of the outcome.
215. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Question No. 22 of 13 October 2015, if she will review whether the full amount of disability allowance is payable to a person (details supplied) in County Kildare, given that the recipient is not self-employed; and if she will make a statement on the matter. [37832/15]
View answerIn order to determine the circumstances of the person concerned regarding self-employment, his disability allowance (DA) file was forwarded to his local Social Welfare Inspector. S/he will arrange to meet with the person in question within the next few days.
A decision on his entitlement to DA will be given on receipt of the Social Welfare Inspector’s report. The person in question will be notified directly of the outcome.
216. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 33 of 13 October 2015, if all assistance possible has been provided to a person (details supplied) in County Kildare whose rent has recently increased to €850 per month, who has two dependent children, who has ongoing health issues, and who is at risk of homelessness; and if she will make a statement on the matter. [37837/15]
View answerThe client concerned is receiving an exceptional rate of Rent Supplement equivalent to their current rent from July 2015 due to personal circumstances following an intervention by the Department.
217. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection her views, that it is problematic for recipients of social welfare payments to provide proof to her Department of their actively seeking employment, when the vast majority of companies do not send acknowledgments of employment applications; that there should be a statutory requirement on companies to at least send an acknowledgement to persons applying for a position, regardless of their success in applying; and if she will make a statement on the matter. [37851/15]
View answerIt is not necessary for a customer to have an acknowledgement of an application for a particular job from a company in order for them to demonstrate that they have made efforts to find employment.
Where a customer is genuinely seeking work they can easily demonstrate this to my Department by being able to explain or show that they have made oral, written or on-line applications for work to employers or persons who have advertised job offers on behalf of an employer.
A customer can also satisfy the requirement of being genuinely seeking work by being able to show that they are actively researching job opportunities through searches of employers’ advertisements in newspapers, enquiries with employment agencies and/or use of on-line recruitment sites.
Customers who are genuinely seeking work must agree a personal progression plan with a case officer and avail of all reasonable training opportunities offered to them.
A statutory requirement to acknowledge all job applications would be an unreasonable imposition on employers who may not have the necessary resources to do so in all cases.
218. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Social Protection if she will request the appeals office to expedite an appeal by a person (details supplied) in Dublin 3, given that the person's rent allowance has been suspended, and as a result the person may become homeless. [37867/15]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 September 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.
219. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the number of community employment projects that are sponsored by local authorities, Údarás Na Gaeltachta, citizen information centres, educational institutions, town councils, partnerships, vocational education committees, and the Health Service Executive, in tabular form; and if she will make a statement on the matter. [37879/15]
View answerCommunity Employment Projects by Main Sponsor type, October 2015:
|
Sponsor Type |
Count |
|
Local Authorities |
22 |
|
Údarás Na Gaeltachta |
15 |
|
Citizen Information Centres |
3 |
|
Educational Institutions |
- |
|
Town Councils |
- |
|
Partnerships |
26 |
|
VECs/ETBs |
2 |
|
Health Service Executive |
3 |
Source: CSM.
There are no educational institutions (i.e. schools) sponsoring Community Employment. Town councils were abolished in June 2014 under the Local Government Reform Act 2014.
220. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will expedite an application for invalidity pension by a person (details supplied) in County Kerry, as all relevant documentation has been submitted; and if she will make a statement on the matter. [37882/15]
View answerInvalidity 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 the 12 October 2015. The claim will be processed as quickly as possible and the person in question will be notified directly of the outcome. In the interim, the person in question is in receipt of means tested supplementary welfare allowance.
221. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Social Protection if she will examine the case of a person (details supplied) who is working full-time, but who is at risk of becoming homeless due to not being able to afford a rent increase; if she will consider awarding a rent allowance which would ensure that the family could remain in their home; and if she will make a statement on the matter. [37890/15]
View answer224. Deputy Paul Murphy asked the Tánaiste and Minister for Social Protection her plans to alter legislation, as necessary, to permit persons (details supplied), who have surrendered their homes to the banks and are now compelled to live in private rented accommodation, to receive rent supplement. [37910/15]
View answerI propose to take Questions Nos. 221 and 224 together.
Rent supplement plays a vital role in housing families and individuals, with the scheme currently supporting approximately 63,000 people at a cost of over €298 million in 2015.
It is a condition of rent supplement that a person must have been residing in private rented accommodation or accommodation for homeless persons or an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out and the person is deemed by a housing authority to be eligible for and in need of social housing support.
In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by the housing authority. Only when the person has been assessed as being eligible for and in need of social housing support does the person become eligible for consideration for rent supplement. Rent supplement is not generally payable to a new applicant where a person or their spouse/partner is in full time employment i.e. 30 hours or more per week.
The Department’s strategic policy direction is to return rent supplement to its original purpose of being a short term income support by transferring responsibility for persons with long term housing needs to the local authorities under the Housing Assistance Payment (HAP). Payments under the HAP scheme are based on the local authority differential rent means test under which the full-time employment restriction does not apply.
The persons referred to by the Deputies are not currently in receipt of rent supplement and in the first instance are advised to contact their local authority to have their housing need assessed. I would also advise that the persons concerned contact the Department to assess their individual circumstances including an assessment of their eligibility under the Family Income Support scheme.
222. Deputy Martin Heydon asked the Tánaiste and Minister for Social Protection when an appeal in respect of a guardian's payment to a person (details supplied) in County Kildare will be expedited; and if she will make a statement on the matter. [37897/15]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 18 September 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.
223. Deputy Pat Deering asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Carlow will receive a decision on an appeal in respect of a disability allowance. [37905/15]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned 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.
225. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in Dublin 12 is not receiving the full jobseeker's allowance payment rate. [37919/15]
View answerThe person concerned has been claiming jobseeker's benefit from this Department since 28 August 2015. Her rate of payment is based on her average weekly earnings in the Governing Contribution Year (2013) in which she paid social insurance, upon which her entitlement to this payment is based.
When she made this claim she was advised during her interview that she had the option to claim jobseeker’s allowance which may qualify her for a higher rate of payment. Any entitlement to this payment is based on a person’s means, and in order that this can be established certain information needs to be provided. In this regard the person concerned was asked to supply details of her husband's pension, bank statements covering the last three months and to complete a means assessment form.
Following the Deputy’s question the Intreo Centre has contacted the person concerned to enquire as to when she might be in a position to provide the requested documentation. She has advised that it will be supplied to the office on 3rd November 2015, and upon receipt of this her entitlement to jobseeker’s allowance will be assessed forthwith.
226. Deputy Michelle Mulherin asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) in County Mayo against the refusal of an application for an invalidity pension; if it will be expedited; and if she will make a statement on the matter. [37925/15]
View answerI 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 of the person concerned 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.
227. Deputy Sean Fleming asked the Tánaiste and Minister for Social Protection the position regarding a couple who are not married but living together and where one person of the couple is working, and when it comes to claiming social welfare they are looked on as a cohabiting couple and treated as one unit for Department of Social Protection purposes, but they cannot claim tax credits in respect of the other person who is not working at the same time; her views that this different treatment by two Departments is fair; and if she will make a statement on the matter. [37935/15]
View answerThe income tax treatment of married and cohabiting couples is a matter for the Minister for Finance.
The social welfare code recognises the couple status of co-habiting couples and treats married and co-habiting couples in a similar manner. The EEC Equality Directive 79/9 and the subsequent Supreme Court case (Hyland v Minister for Social Welfare, 1989) led to the change in treatment of non-married cohabiting couples in the social welfare code. The Court ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were cohabiting. Accordingly, married and cohabiting couples as well as cohabiting couples are treated identically for social welfare purposes.
228. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection if persons (details supplied) in County Cork will be approved for a disability allowance and a carer's allowance; and if she will make a statement on the matter. [37967/15]
View answerThe second-named person has been awarded a disability allowance payment with effect from 11 February 2015. First payment was on 28 October 2015 and arrears due issued by cheque on 22 October 2015.
I confirm that the department received an application for Carer’s Allowance (CA) from the first-named person on 19 March 2015. This application for CA has been disallowed as a deciding officer has decided that the person being cared for does not require full-time care and attention as set out in CA legislation.
Full-time care and attention is defined as requiring 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.
The first-named person was notified on 21 October 2015 of this decision, the reason for it and of their right of review and appeal.
229. Deputy Colm Keaveney asked the Tánaiste and Minister for Social Protection if she will consider a change to local community employment schemes to permit persons to continue participating in the schemes beyond 60 years of age, until they reach retirement age; and if she will make a statement on the matter. [37976/15]
View answerCommunity Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other vulnerable 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.
With respect to the participants exhausting their time on the programme, all community Employment (CE) sponsors and participants are aware of the time limits for participation, which are extensive for certain individuals particularly those over 55 years, who can already participate for up to six years on CE. The participation limits allow for the utilisation of places amongst qualifying persons, to ensure the benefit of the CE scheme to the widest possible number of jobseekers. The Department is however examining this issue and will keep it under review.
