Written Answers Nos. 248-64
248. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection the assistance available to the child of a person (details supplied) in County Kildare for eye care; and if she will make a statement on the matter. [38119/15]
View answerThe Optical Benefit scheme is based entirely on the PRSI records of the claimant or if they are a dependant adult, their spouse/partner’s PRSI record. It is not available to children.
The claimant should contact their local HSE office who will be able to advise of the Optical treatment available for children under their scheme.
249. Deputy John O'Mahony asked the Tánaiste and Minister for Social Protection the reason a person in County Mayo has not been able to receive an invalidity pension; and if she will make a statement on the matter. [38127/15]
View answerTo qualify for invalidity pension (IP), claimants must have (inter-alia) 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 person concerned has been in receipt of Disability Allowance (DA) from the 24 July
2002. An application for IP was received from the person concerned on the 21 October 2013.
According to the Department’s records, the person concerned has no PRSI contributions either paid or credited between 1992/93 to 2000 with 17 PRSI contributions paid thereafter. If there is a gap of more than 2 complete tax years in a social insurance record, a person will need to work and pay PRSI contributions for another 26 weeks to be eligible for the award of credited contributions. She, therefore, does not have an entitlement to credited PRSI contributions for the period that she is on disability allowance.
Consequently, her application for IP was disallowed as she does not satisfy the PRSI criteria for the scheme.
250. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision will issue on an invalidity pension to a person (details supplied) in County Clare; and if she will make a statement on the matter. [38134/15]
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 12 August 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on the 28 October 2015 of this decision, the reasons for it and of her right of review and appeal.
251. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection if she will reconsider an application for a back to education allowance from a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38136/15]
View answerThe person concerned applied for a Back to Education Allowance (BTEA). Her application was refused on the grounds that the course she applied for is not recognised for BTEA purposes. She sought a review of this decision and the original decision to refuse was upheld.
252. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection for details of reform measures in respect of the State pension introduced since 2011; and if she will make a statement on the matter. [38149/15]
View answerThe State pension 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. State pensions account for the single largest block of social welfare expenditure, and while expenditure on pensions is increasing because of demographic pressures, this is being successfully managed within the overall welfare budget.
This year (2015), the Department will spend an estimated €6.675 billion on pensions – 34.4% of all welfare expenditure and an increase of €168 million over 2014. The overall concern of the Government in recent budgets has been to protect the primary weekly social welfare rates where possible. Maintaining the rate of the State pension and other core payments is critical in protecting people from poverty.
A number of changes have been made to the State Pension Contributory in the past five years
in the context of State pension reform and to provide for sustainable pensions. The main changes are as follows:
1. The Social Welfare and Pensions Act 2011 provided for the necessary amendments to increase the State pension age in line with the National Pensions Framework as set out in the EU/IMF Programme of Financial Support for Ireland. It provided for an increase in the age for qualification for the State Pension from 66 years to 67 years from 2021, and a further increase to 68 years from 2028. It also discontinued the State Pension (Transition) for new claimants with effect from 1 January 2014.
2. The number of paid contributions required to qualify for a State Pension increased from 260 paid contributions to 520 paid contributions with effect from 6 April 2012, as provided for in the Social Welfare Act 1997.
3. From September 2012, new rate bands for State Pension were introduced. These additional payment rate bands more accurately reflect the social insurance history of a person and ensure that those who contribute more during a working life benefit more in retirement than those with lesser contributions.
4. From April 2012 the period for which a claim for State Pension can be backdated is six months as provided for under the Social Welfare Act 2011.
Budget 2016 provided for the first increase in the basic rate of the State pension in seven years, by €3 per week. This will increase the personal rate of the non-contributory pension to €222, and that of the contributory pension to €233.30. This is a 1.3% increase over 2015 rates, and slightly ahead of the projected annual inflation rate of 1% for 2016. There will also be proportional increases in the rates paid for Qualified Adults. This will amount to up to €2.70 per week for such dependent adults aged 66 or over. This change will be legislated for through the forthcoming Social Welfare and Pensions Bill 2015.
Finally, social welfare supports will continue to be available to those who need it most and where a person fails to meet the qualifying conditions of an insurance based scheme, a means tested assistance payment may be available provided they satisfy the qualifying conditions.
253. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection her plans to ensure that women who spent a lengthy period of time on home duties, and subsequently worked for up to 25 years and paid social insurance, will be afforded an opportunity to obtain a State pension (contributory), which will fully recognise their work in the home; and if she will make a statement on the matter. [38164/15]
View answerThe State pension contributory 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 the individual can maximise their entitlement to a State pension, all contributions paid or credited 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 introduced, the average contributions test has been used in calculating pension entitlement. Once over 16 years of age, the date a person enters into insurable employment is the date used for averaging purposes.
To qualify for a state pension (contributory) a person must
- have at least 520 paid contributions, and
- satisfy a yearly average condition (a yearly average of 48 contributions paid or credited is required for a full rate State pension (contributory), and reduced rates of payment may be payable for pensioners with lower averages).
The homemaker's scheme makes qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme, which was introduced in and took effect from 1994, allows up to 20 years spent caring for children under 12 years of age (or caring for incapacitated people over that age) to be disregarded when a person’s social insurance record is being averaged for pension purposes. However, it is important to note that the homemaker's scheme will not, of itself, qualify a person for a SPC. The standard qualifying conditions for the SPC 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 correct rate (credited contributions do not satisfy this condition) and achieve a yearly average of at least 10 contributions paid or credited on their record.
The rate of pension a person with 25 years of paid contributions will qualify for will vary depending on their circumstances, most notably the duration of their working life, whether they have credited contributions in respect of periods they were in receipt of social welfare payments, and whether they have periods under the homemaker's scheme.
For those with insufficient contributions to meet the requirements for a State pension (contributory), the State pension system provides alternative methods of support. Where someone over 66 does not qualify for a full rate contributory pension, they may apply for a non-contributory pension, which is based on need and is means tested. Currently the maximum rate of this pension is €219 weekly, which is 95% of the maximum rate of the contributory pension. Where it is more beneficial for the claimant, they may instead seek an Increase for Qualified Adult payment, on their spouse’s State pension contributory, currently the maximum rate of which is €206.30, which is 90% of the maximum personal rate. This increase is, by default, paid directly to the Qualified Adult.
Work is underway to replace the ‘yearly average’ system with a ‘total contributions approach’. Under this approach, the number of contributions recorded over a working life will be more closely reflected in the rate of pension payment received. It is expected that the total contributions approach to pension qualification will replace the current average contributions test for State pension (contributory) for new pensioners from 2020, although that date is subject to change, as this is a very significant reform with considerable legal, administrative, and technical challenges to be overcome in its implementation. The position of women who were homemakers will be considered very carefully in developing this reform.
254. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection further to a previous response, the level of liaison that has taken place regarding a case in Kerry (details supplied); if her Department has directly inspected the customer experience at this location; if it can express satisfaction with the facilities offered; if it will endeavour to improve the situation; and if she will make a statement on the matter. [38183/15]
View answerMy Department is committed to the provision of suitable and accessible public offices that ensures privacy and comply with occupational health and safety standards and which facilitate access for customers with disabilities and others with specific needs.
The Department is aware that there are issues with the accommodation that is being provided in the location mentioned. Whilst some minor improvements have been made, additional works will be required in order to improve the customer experience in this particular office.
The Department will continue to work with the Branch Manager to ensure that the premises provided are up to an acceptable standard.
255. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [38184/15]
View answerI confirm that the department received an application for carer’s allowance from the person concerned on 30 September 2015. Once processed, the person concerned will be notified directly of the outcome.
256. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Social Protection why a decision was made not to grant a disability allowance to a person (details supplied) in County Wicklow; if she is aware that this person has been deemed unfit to work by a doctor, due to a range of medial conditions; if the appeal recently made by this person will be successful; and if she will make a statement on the matter. [38186/15]
View answerThe application from the person in question was disallowed on 8 October 2015 on the grounds that he does not fulfil the medical conditions for the scheme and that he failed to demonstrate that he satisfies the means test.
The person in question was advised of the decision and the reasons for it. He was advised of his option to submit further documentary evidence for review and also of his right to appeal the decision to the Social Welfare Appeals Office. To date neither option has been exercised.
257. Deputy Jerry Buttimer asked the Tánaiste and Minister for Social Protection if she will take steps to ensure that all job activation measures are available to all unemployed persons, regardless of their live register status or their entitlement to receive payments from her Department or to sign for social insurance contribution credits; and if she will make a statement on the matter. [38199/15]
View answerGiven the scale of unemployment, the key objective of activation policy and labour market initiatives has been to offer assistance to those most in need of support in securing work and achieving financial self-sufficiency. Accordingly, the employment services and schemes provided by the Department are focused, in the first instance, on the cohort of people who are unemployed and in receipt of a qualifying social welfare payment.
For those in receipt of Jobseeker's Allowance and Jobseeker's Benefit, it is a condition of their payment to engage in activation measures. Recipients of other payments, including disability allowance (DA) and the one parent family payment (OFP), can voluntarily avail of activation services and supports. The JobBridge internship scheme is now available to recipients of a wide range of payments (DA; OFP; Blind Persons Pension; Deserted Wives Allowance/ Deserted Wives Benefit; Widow’s, Widower’s or Surviving Civil Partner’s contributory/non-contributory Pension). Recipients of these payments are not counted on the Live Register.
In addition, unemployed persons (including those formerly self-employed) not in receipt of qualifying payments may be eligible to avail of up-skilling opportunities, for example through ETB training for unemployed people (at present there are 1,009 upcoming day courses and 552 upcoming evening courses). Although not eligible to receive a training allowance while undertaking the course, they may receive some support for expenses on travel, meals and accommodation. Springboard and Skillnets courses for unemployed people, funded through the Department of Education and Skills, are also open to people regardless of their social welfare status.
Many other services are also available to people who are not in receipt of a qualifying social welfare payment. For example employment services, such as advice on job-search activities and the use of online job search tools, are available to people if they register with the Department’s employment services offices regardless of their social welfare status.
An unemployed person who does not qualify for a social welfare payment due to the assessment of their means may be eligible to sign for social insurance contribution credits. Persons who sign for credits for three months (78 days) of the last six months are eligible to participate in the JobBridge programme. Persons signing on for credits for 12 months or longer over the previous 18 months are entitled to participate on Momentum courses through Solas, provided that they have been actively seeking work, however they will not receive any payment. Persons signing for credits for six months or more are entitled to participate on ETB-run VTOS courses subject to availability. In the case of VTOS courses, participants do not receive a training allowance but may receive travel and lunch allowances.
In short, the Government is committed to supporting as many people as possible to participate more fully in employment and to become more self-sufficient by providing supports that address barriers they may encounter in finding and sustaining employment. Within this overall objective it is appropriate to provide priority for those who are in receipt of payments that are conditional on being unemployed.
258. Deputy Jerry Buttimer asked the Tánaiste and Minister for Social Protection if she views restrictions on access to job activation measures and exclusion from the live register as potential human rights infringements; and if she will make a statement on the matter. [38200/15]
View answerGiven the scale of unemployment levels, the key objective of activation policy and labour market initiatives has been to offer assistance to those most in need of support in securing work and achieving financial self-sufficiency. This policy objective prioritises scarce resources to those in receipt of qualifying welfare payments – Jobseeker’s Benefit or Jobseeker’s Allowance – that are conditional on the recipient being actively seeking and available for employment, as well as, in the case of Jobseeker’s Allowance, meeting a means test. The employment services and schemes provided by the Department are focused in the first instance on this cohort of unemployed people.
Recipients of other payments, including disability allowance (DA) and the one parent family payment (OFP), can voluntarily avail of activation services and supports. The JobBridge internship scheme is now available to recipients of a wide range of payments (DA; OFP; Blind Persons Pension; Deserted Wives Allowance/ Deserted Wives Benefit; Widow’s, Widower’s or Surviving Civil Partner’s contributory/non-contributory Pension).
Many services are available to the unemployed who are not in receipt of a social welfare payment. For example employment services, such as advice on job-search activities and the use of online job search tools, are available to people if they register with the Department’s employment services offices, regardless of their social welfare status.
In addition, unemployed persons (including those formerly self-employed) not in receipt of qualifying payments may be eligible to avail of up-skilling opportunities, for example through ETB training for unemployed people (at present there are 1,009 upcoming day courses and 552 upcoming evening courses). Although not eligible to receive a training allowance while undertaking the course, they may receive some support for expenses on travel, meals and accommodation. Springboard and Skillnets courses for unemployed people, funded through the Department of Education and Skills, are also open to people regardless of their social welfare status.
An unemployed person who does not qualify for a social welfare payment due to the assessment of their means may be eligible to sign for social insurance contribution credits. Persons who have signed for credits for three months (78 days) of the last six months are eligible to participate in the JobBridge programme. Persons signing on for credits for 12 months or longer over the previous 18 months are entitled to participate on Momentum courses through Solas, provided that they have been actively seeking work, however they will not receive any payment. Persons signing for credits for six months or more are entitled to participate on ETB-run VTOS courses subject to availability. In the case of VTOS courses, participants do not receive a training allowance but may receive travel and lunch allowances.
In short, the Government is committed to supporting as many people as possible to participate more fully in employment and to become more self-sufficient by providing supports that address barriers they may encounter in finding and sustaining employment. I am satisfied that the measures outlined above provide access to activation supports and services to facilitate all those seeking employment opportunities, while giving appropriate priority to those receiving payments that are conditional on being unemployed.
259. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection the budget that has been allocated for exceptional needs payments in 2016; and if she will make a statement on the matter. [38209/15]
View answerUnder the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided €30.3 million for the scheme in 2016.
The ENP scheme is demand led and provides assistance to those with exceptional needs taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.
260. 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 disability allowance; the reason for the delay; and if she will make a statement on the matter. [38255/15]
View answerI confirm that the Department received an application for disability allowance from the above named person on 8 September 2015. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
261. Deputy Pearse Doherty asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Cavan will have an adult diet supplement allowance reinstated; and if she will make a statement on the matter. [38279/15]
View answerThe person concerned was in receipt of a Diet Supplement since 14 April 2008. As part of a standard review in May 2015, the customer was asked to provide certain documentation. Following failure to provide this documentation, the Diet Supplement payment was suspended on 27 July 2015. This documentation has now been received by the Department and the Diet Supplement payment and arrears will issue this week (W/C 02/11/2015).
262. Deputy Michelle Mulherin asked the Tánaiste and Minister for Social Protection the status of an application for sick pay by a person (details supplied) in County Mayo; if it will be expedited due to financial hardship owing to ill-health; and if she will make a statement on the matter. [38282/15]
View answerIllness benefit is a payment for people who cannot work due to illness and who satisfy the pay related social insurance (PRSI) contribution conditions. Only PRSI contributions paid at class A, E, H, and P are reckonable for illness benefit purposes.
The person concerned has indicated he was last employed in the UK. My department is contacting the person concerned regarding their UK employment record. On receipt of further information the claim will be reviewed. The person concerned made an application for a basic supplementary welfare allowance in October 2015. This was refused on the grounds that the household income was in excess of the basic supplementary welfare allowance guidelines of €310.80. The person concerned is living with their partner who is currently employed and receives a salary in excess of the guidelines. This refusal can be reviewed if the household income of the person concerned were to change in the near future.
263. Deputy Dan Neville asked the Tánaiste and Minister for Social Protection for an update on an application for a respite care grant for a person (details supplied) in County Limerick. [38285/15]
View answerAn application for Respite Care Grant from the person concerned was received in my Department on 1 September 2015. The application is being processed as expeditiously as possible and a decision will be made as soon as possible.
264. Deputy Billy Kelleher asked the Tánaiste and Minister for Social Protection if she will consider revisiting the rule whereby persons who are in receipt of the widow's pension, and who work and pay PRSI, could also be in receipt of illness benefit, even at a half-rate, similar to persons who can claim a half-rate carer's allowance while in receipt of another social protection payment. [38286/15]
View answerThe social welfare system is primarily a contingency-based system, with entitlement based on a number of defined contingencies such as sickness, unemployment, old age or widowhood.
There are two basic principles which underpin the Irish social insurance system. Firstly there is the contributory principle. Under this principle there is a direct link between the PRSI contributions that a person has paid and entitlement to a varying range of benefits and pensions. Where a person has sufficient PRSI contributions, then benefits and pensions may be paid as of right, where a particular contingency arises and without a means test.
Secondly there is the solidarity principle. Under this principle the benefits and pensions that are paid are not directly related to the amount of PRSI contributions paid by insured persons. PRSI contribution income is instead redistributed to support contributors who are more vulnerable. In this regard, it should be noted that some PRSI contributors do not experience all of the contingencies during their life, or may not be in a position to benefit from one or more such payment. For example, one contributor may never require access to Invalidity Pension whereas it may be a crucial support for another. Similarly, there will be many contributors who would not require coverage for Maternity Benefit, but who nevertheless continue to be levied PRSI at the full rate during their working years.
In addition, there is a general principle of one person, one payment, which applies across the whole of the social welfare system. Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time. For example, an unemployed person may become sick. As a consequence, if a person experiences more than one of these contingencies at the same time, he or she can receive only one of those payments. This principle is common to social security systems across the world.
There were a limited number of exceptions in the social insurance system to the general principle of one person, one payment. These exceptions usually applied in the context of short-term benefits. For instance, recipients of One-Parent Family Payment, Widows and Widowers Pensioners could, until recent years, also receive short-term social insurance benefits, such as Illness Benefit and Jobseeker’s Benefit at half-rate at the same time. These overlapping payment arrangements were introduced in the early 1950s when the social insurance system was first established, at a time when there were only 10 individual social welfare payments and when rates were significantly lower in real terms than they are now. However, the social welfare system has been significantly developed over the intervening period, with the result that the number of possible combinations of concurrent contingencies has increased greatly.
In the context of the difficult fiscal environment in recent years and the Government’s commitment to maintain existing core rates of primary payments for social welfare recipients, the concurrent payment of half-rate Illness Benefit and Jobseeker’s Benefit in addition to One-Parent Family Payment, and Widows and Widowers Pensions was discontinued from January 2012.
It is realistic and prudent to maintain the underlying principle of entitlement to only one payment at any one time, that is, one person, one payment. To do otherwise could involve very significant and unsustainable additional expenditure in the long-term. I have no plans, therefore, to introduce legislation allowing concurrent payment of Widows Pensions and Illness Benefit to the same person.
