Written Answers Nos. 178 - 194
178. Deputy John Perry asked the Tánaiste and Minister for Social Protection if she will intervene in the decision to remove the disability allowance of a person (details supplied); and if she will make a statement on the matter. [37468/15]
View answerThe application for disability allowance (DA) from the person in question was disallowed on 16 September 2015 on the ground that she does not satisfy the means conditionality for the scheme. DA is a means tested scheme, the rationals supporting means assessments is laid down in social welfare legislation. There is no entitlement to a payment once means exceed a given amount. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means.
The person in question was notified of this decision, the reason for it and of the option to submit further evidence in support of her application for review and of her right to appeal the decision to the Social Welfare Appeals Office (SWAO).
179. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will expedite an application for a disability allowance appeal by a person (details supplied) in County Kerry, as all relevant documentation has been submitted. [37417/15]
View answerThe application for disability allowance (DA), based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 12 May 2015. On foot of further medical evidence submitted by the applicant, a deciding officer (DO) reviewed this decision. After giving due consideration to all the evidence in the case, the DO upheld the original decision and the person concerned was notified of this on 29 October 2015.
The person in question was given the option of appealing this decision directly to the Social Welfare Appeals Office within 21 days.
It is open to the person in question to make a new application for DA if he believes that he satisfies the qualifying conditions.
180. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal in respect of an invalidity pension by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [37421/15]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 9 October 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.
181. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application for a domiciliary care allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [37423/15]
View answerAn application for domiciliary care allowance (DCA) was received from the person concerned on the 16th 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.
182. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Social Protection if she will clarify a matter in relation to the case of a person (details supplied) in Dublin 3; if her Department has received a valid application for a water conservation grant from the person; when payment will be made, or if she will confirm that all details are in order, as the person seems to be spending hours processing these matters on the telephone and online; and if she will make a statement on the matter. [37500/15]
View answerThe eligibility criteria for the Water Conservation Grant are set out in the Water Services Act 2014 (Water Conservation Grant) Regulations 2015. 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.
To date Irish Water has transferred details of over 1.3 million registered households to this Department but the details of the householder concerned have not yet been included in those transfers. However Irish Water will continue to forward details of registered householders up to the middle of this month (November 2015) and has confirmed that the registration details of the householder concerned will be sent to this Department as part of that.
Such householders are eligible to receive the Water Conservation Grant and this Department will be in touch with such householders when their details are received from Irish Water.
183. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Social Protection if she will examine the case of a person (details supplied) in Dublin 13 who has been out of work since mid-August 2015 and who has been refused a jobseeker's payment because of his previous salary; if the matter will be re-examined as the person is currently living on savings; and if she will make a statement on the matter. [37502/15]
View answerThe person concerned applied for jobseeker’s allowance (JA) on 17 August 2015. While the client’s PRSI contribution record appears to be fully complete, the person concerned does not qualify for jobseeker’s benefit. To qualify for Jobseeker’s Benefit a person must satisfy certain PRSI contribution conditions:
- the person must have at least 104 class A, H and P contributions paid since he entered insurable employment and
- the person must have at least 39 reckonable contributions paid or credited in the Governing Contribution Year (GCY) and 13 of these contributions must be paid contributions or
- the person must have at least 26 reckonable contributions paid in both the Governing Contribution Year (GCY), which is 2013, and the year immediately preceding the GCY.
The GCY is the second last complete tax year before the year in which the claim is made. So, for claims made in 2015, the GCY is 2013.
In relation to Jobseekers Allowance (JA), the client’s claim was disallowed as his means are in excess of his entitlement.
In assessing means from self-employment, legislation provides for the assessment of 'all income in cash and any non-cash benefits which the person or his spouse may reasonably expect to receive during the succeeding year'. The means assessment guidelines state that where the income in the coming 12 months is not ascertainable otherwise, the income for the last 12 months should be taken as a guide, allowing for any factors which it is known will vary. Generally self-employed persons are assessed with their income in the past 12 months and a decision is given on that basis. However, each case is examined and treated on its merits.
The person concerned provided information on his savings and earnings, as required. The client’s assessable savings resulted in a calculation of total weekly means from capital of €390. This alone exceeds the person’s entitlement rate of €188.
In addition the client is a proprietary director of two companies. The two businesses generated earnings in 2014 and have the potential and reasonable expectation to generate the same over the course of 2015. Means from self-employment have been assessed at €1,277. This also exceeds the person’s entitlement rate of €188.
As these contribution conditions stated above also apply to illness benefit, the person concerned does not satisfy the contribution conditions to qualify for illness benefit. With regard to a potential entitlement to disability allowance (DA), a person must satisfy the conditions as to means.
The person concerned has appealed this decision. His claim has been reviewed in Kilbarrack Intreo Office but was unaltered. The Appeals Office will be in touch with the person concerned in due course. The person concerned may of course contract Kilbarrack Intreo Office to discuss his claim and his means assessment.
184. Deputy Joan Collins asked the Tánaiste and Minister for Social Protection if the Christmas bonus still applies to the same social welfare payments as in 2014; and if she will provide a list of the payments it applies to. [37518/15]
View answerA 75% Christmas bonus will be paid in early December to over 1.2 million long-term welfare recipients including pensioners, lone parents, jobseekers, carers and people with disabilities at a cost of €197 million. The bonus applies to the same social welfare payments as in 2014, with the addition of the Back to Work Family Dividend.
The bonus will be paid to the following schemes:
- State Pension (Contributory)
- State Pension Non-Contributory
- Widow(er)s' Pension (Con)
- OI Death Benefit
- Jobseeker's Allowance
- One Parent Family Payment
- Widow(er)s’ Pension (non-con)
- Deserted Wife’s Allowance
- Deserted Wife's Benefit
- Supplementary Welfare Allowance
- Direct Provision Allowance
- Farm Assist
- Pre-Retirement Allowance
- Community Employment
- Rural Social Scheme
- Tús
- Job Initiative
- Gateway
- JobBridge
- Back to Work Allowance
- Back to Education Allowance
- Back to Work Family Dividend
- Disability Allowance
- Blind Pension
- Partial Capacity Benefit
- Invalidity Pension
- OI Disablement (Workmen's com, medical care)
- Carer's Allowance
- Carer's Benefit
- Domiciliary Care Allowance
- Guardian's Payment (non-con)
- Guardian's Payment (Contributory)
- Magdalen Commission Scheme
In order to be eligible for the bonus, recipients of Jobseeker's Allowance, Supplementary Welfare Allowance and Direct Provision Allowance must be in receipt of this payment for 15 months. In the case of jobseekers on Back to Education Allowance (BTEA) and JobBridge, the recipient must been in receipt of a jobseeker’s payment for 15 months prior to starting the scheme, or have 15 months duration in receipt of a jobseeker’s payment combined with their time on BTEA or JobBridge.
185. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Social Protection if she will consider allowing persons who have completed a six year term on a community employment scheme and who are approaching retirement age to be granted an extension to their participation in the scheme, in order that they can continue to work, if that is their choice, rather than receive a jobseeker's allowance in the intervening period, before they come to retirement age; and if she will make a statement on the matter. [37539/15]
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 mis-users 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 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 6 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, currently examining this issue and will keep it under review.
186. Deputy James Bannon asked the Tánaiste and Minister for Social Protection the reason for the reduction in a State pension to a person (details supplied) in County Longford; and if she will make a statement on the matter. [37545/15]
View answerThe person concerned applied for State pension contributory in 2003 but had insufficient contributions to satisfy the yearly average condition, therefore his application was disallowed.
An application for State pension non-contributory (SPNC) was also made and awarded in April, 2003. SPNC is subject to a means test and items which count as means include cash income, the value of any property (excluding a person’s own home) and the value of any savings and investments. In addition a claimant must be resident in the State.
The Department was notified that the person concerned moved to a nursing home in 2012 and the entitlement to SPNC was therefore reviewed. As the customer no longer derives an income from the farm it now falls to be assessed on a capital value basis and the SPNC payment has been reduced accordingly.
The person concerned was informed of the decision and was advised of their right to appeal the decision.
187. Deputy James Bannon asked the Tánaiste and Minister for Social Protection if she will examine and expedite a decision on an appeal for a carer's allowance by a person (details supplied) in County Longford; and if she will make a statement on the matter. [37547/15]
View answerThe person concerned was refused carers allowance on the grounds that the disability of the care recipient was not such there was a requirement for full-time care and attention as prescribed in regulations. The person in question was notified on 27 April 2015 of this decision, the reason for it and of his right of review and appeal.
The person concerned requested a review of this decision. The outcome of which confirmed the original decision.
The person concerned appealed this decision and the case was submitted to the Social Welfare Appeal’s office for determination. An Appeals Officer, having fully considered all of the available evidence, disallowed the appeal. The person concerned was notified of the outcome on 11 September 2015 and was provided with a detailed explanation of the basis for the decision.
Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts. If circumstances have changed, it is open to the person concerned to submit a new application for carer’s allowance.
188. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an application for a disability allowance will be finalised for a person in (details supplied) County Tipperary; and if she will make a statement on the matter. [37557/15]
View answerI am informed by the Department that the application for disability allowance (DA) from the person in question was disallowed on 15 June 2015 on the grounds that he failed to demonstrate that he satisfied the means test for the scheme. The Department requested that he supply information necessary to determine his means but he failed to do so. The person in question was advised of the decision and the reason for it and of his rights of review and/or appeal.
It is open to the person in question to lodge a new application for DA and a decision will be made on it as soon as possible.
189. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the cause of the delay into the investigation of a person (details supplied) in County Limerick who has sought to have a spousal dependant included in payment from her Department in Limerick; when will the payment issue; and if she will make a statement on the matter. [37568/15]
View answerThe person concerned was awarded jobseeker’s benefit with effect from 24 August 2015 at a weekly rate of €188.
Their entitlement to payment of an adult dependant increase is being investigated by a social welfare inspector at present and once the investigation is complete a decision on the entitlement will be made.
190. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) was refused a disability allowance or other relevant payments; and if she will make a statement on the matter. [37582/15]
View answerSince 2009 illness benefit is payable for a maximum of two years, i.e 624 days which are cumulative.
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.
The person concerned made a claim to illness benefit from 8 Sept 2015 and has received their full entitlement of 624 paid days.
In calculating the total number of paid days for the person concerned, account was taken of their previous illness benefit claims. These claims are linked claims, which were made by the person concerned between 2009 and 2015.
To re-qualify for illness benefit after expiry of 624 paid days the person concerned requires 13 contributions paid after the end of their illness benefit entitlement.
My Department will be in contact with the person concerned regarding PRSI contributions paid in 2015 which may be used to re-qualify them for a further period of illness benefit.
If the person concerned is unable to meet their needs or the needs of their household, they may be entitled to supplementary welfare allowance. The person concerned may apply for supplementary welfare allowance to the Department's community welfare service at their local Intreo office or local health centre.
191. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Social Protection why her Department refused to grant a supplementary welfare allowancea to a person (details supplied) for the purpose of clothing and has requested the person to obtain medical letters in respect of the claim; and if she will make a statement on the matter. [37583/15]
View answerThe operating guidelines for emergency needs payments state that the emergency need has to be exceptional and unforeseen and should not be a recurring payment.
The person named applied for a supplementary welfare allowance payment towards clothing on 5 November 2014. This application was refused because the applicant did not provide any evidence of an exceptional need. The person concerned was informed of and afforded the right to a review of this decision. The original decision of the designated person was upheld on review.
The applicant was offered the opportunity to provide medical evidence to support his application in 2014. The medical documentation supplied did not provide any evidence that the client had an exceptional need for this payment.
192. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection for details of any groups which no longer qualify for the fuel allowance and the Christmas bonus announced in budget 2016. [37585/15]
View answerThe Fuel Allowance scheme assists householders on long-term welfare with meeting the costs of their heating needs during the winter season. In order to qualify for the scheme a person must be in receipt of a qualifying payment from the Department, live alone or only with one of a list of exempted persons and satisfy a means test. The criteria for Fuel Allowance are framed in order to direct the limited resources available to the Department in as targeted a manner as possible.
In budget 2016, I announced an increase of €2.50 per week on the Fuel Allowance, increasing the payment to €22.50 per week from January 2016. This increase is expected to benefit 381,000 households including pensioners, people with disabilities, lone parents and jobseekers. There have been no changes to the qualifying criteria for fuel allowance as a result of the Budget.
A 75% Christmas Bonus will be paid this December to recipients of a long-term Social Welfare payment. It is expected that 1.23 million people will benefit from the Christmas bonus at a cost of €197 million. The Bonus this year will be paid to the beneficiaries of the same schemes to which the bonus previously applied, and on the same basis.
If a person who previously qualified for Fuel Allowance and/or a Christmas Bonus does not qualify for one this year, it is most likely a result of a change in their circumstances. If there has been no such change, they should contact my Department for clarification.
193. Deputy Peter Mathews asked the Tánaiste and Minister for Social Protection if she will commit to providing a service that will facilitate a social welfare payment to be made into the personal bank account of a person (details supplied) in Dublin 15 who is in receipt of jobseeker's benefit; and if she will make a statement on the matter. [37596/15]
View answerOther than in exceptional circumstances, all payments of jobseeker’s allowance are in general made available to recipients by way of collection at their nominated post office. This is an essential control measure taken by the Department to guard against the possibility of fraud.
Following the Deputy’s question the Intreo Centre has contacted the person concerned to explain this reasoning, and he has confirmed that he is happy to continue collecting his jobseeker’s allowance payments at his post office.
194. Deputy Ruth Coppinger asked the Tánaiste and Minister for Social Protection if she will revise the rules related to progression in the back to education allowance, to allow those persons undertaking teaching qualifications to become further education teachers, and receive the allowance, even where their teaching course is at a level below their highest qualification. [37615/15]
View answerThe Back to Education Allowance (BTEA) scheme is designed to support second chance education. It enables eligible persons to continue to receive income support for the duration of an approved educational course of study, subject to meeting certain conditions. The key objective of the BTEA is to target resources at those most distant from the labour market due to their lack of education or skills. The applicant in question already holds a MSc degree and does not meet the criteria for BTEA. This approach is consistent with the mechanisms in place for student supports administered by the Department of Education and Skills and Student Universal Support Ireland (SUSI).
