Written Answers Nos. 86 - 102
86. Deputy Michael McGrath asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 54 of 9 December 2015, when in 2016 she expects that marriages such as the one referred to in the question will be permitted to be held; and if she will make a statement on the matter. [46850/15]
View answerThe Deputy’s question refers to provisions in the Civil Registration (Amendment) Act 2014 that make it more difficult to broker a marriage of convenience in the State. This is achieved by making a marriage of convenience an impediment to marriage and allowing a registrar the right to investigate where one or more of the parties to the proposed marriage is a non-EU national.
Following the commencement of these provisions in August 2015, industrial action by staff of the Civil Registration Service, delayed the scheduling of such interviews.
Responsibility for industrial relations issues in respect of the Civil Registration Service lies with the Health Service Executive and my colleague the Minister for Health.
I understand, however, that there are interim measures in place to allow such interviews to take place pending completion of the industrial relations process.
87. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application under the carer's allowance scheme by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46865/15]
View answerI confirm that the Department received an application for carer’s allowance from the person concerned on 30 July 2015.
Due to an error the application was awarded on 17 November 2015 before the investigation of entitlement had been completed. The investigation is now complete and the Department is pleased to say that payment has been awarded to the person concerned at the maximum rate. The person concerned has been notified of the outcome.
The Department apologises for the delay in sorting this out and for any inconvenience caused to the person in question as a result of this error.
88. Deputy Sandra McLellan asked the Tánaiste and Minister for Social Protection to review the legislation for family income supplement, given that the amount awarded is set for 12 months regardless of change of employment circumstances and that this is unjust as it often means persons receive much less than they should; and if she will make a statement on the matter. [46890/15]
View answerThe family income supplement (FIS) is an in-work support which provides an income top-up for employees on low earnings with children. FIS is designed to prevent child and family poverty and to offer a financial incentive to take-up employment as compared to social welfare payments. Expenditure on FIS for 2015 is estimated to be of the order of €349.2 million and it is currently paid to some 55,000 families in respect of almost 121,000 children.
An integral part of FIS is that the payment continues at the same rate for a period of 52 weeks, assuming the eligibility requirements continue to be met, except in the following circumstances:
- If a claimant starts to care for an additional child in the course of the 52 weeks.
- If a claimant was getting a one-parent family payment and this payment was stopped because their youngest child reached the relevant age limit.
The rate of payment will not change if there is an increase or decrease in earnings. The advantage of this approach, which is unique to the FIS scheme, is that claimants will receive a guaranteed level of income support throughout the period. This certainty is important to the success of the scheme as it provides an incentive to claimants to maximise their earnings from employment (e.g. more hours, higher wages). For those who experience a reduction in earnings, the rate of payment will be reassessed at renewal of their FIS claim.
This aspect of the FIS scheme is important in minimising the administrative effort associated with the scheme and in speeding up processing times for claims, which could otherwise be subject to delays due to periodic reviews.
A legislative review of the 52 week rule was carried out in 2013/14 and an amendment was included in the Social Welfare and Pensions Act 2014 to reflect this policy. In view of the above, I have no plans to change the legislation.
89. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection why a widow or widower who is in receipt of a State pension (contributory) is not entitled, on the death of a spouse, to a widow’s, widower’s or surviving civil partner’s (contributory) pension; why such a pension is made available to the spouse of a deceased person where the deceased had an entitlement to a State pension (contributory); if he accepts that this denial of entitlement to surviving spouses is a departure from a common feature of both private and public sector pension schemes; and if she will make a statement on the matter. [46903/15]
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 which links the PRSI contributions that a person has paid and their entitlement to a range of benefits and pensions. Where a person has sufficient PRSI contributions, then benefits and pensions may be paid, subject to legislative provisions, where a particular contingency arises, and without a means test. Secondly there is the solidarity principle where 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 likely to have an income need as a result of circumstances that have arisen in their lives. In this regard, it should be noted that most PRSI contributors do not experience all of the contingencies during their life. For example, one contributor may never require access to Invalidity Pension whereas it may be a crucial support for another. It should also be noted that access to Widow’s/Widower’s/Surviving Civil Partner’s Contributory Pension is available to those who have been married or in a civil partnership only, and that scheme will not benefit someone who has been single all their life.
The purpose of the benefits and pension system is to provide a person with an adequate income. The rate of payment is set with this objective in mind, and the fact that there are a number of ways one can qualify for a pension does not mean someone may qualify for multiple PRSI-funded pensions. There is a principle of one person, one payment, which generally applies across the social welfare system. It can happen that a person may experience more than one contingency at the same time. For example, an unemployed person may also become sick and incapable of work. The PRSI paid by the person and their employers only provides coverage for one payment at such times. Under the legislation for the schemes, if a person experiences more than one of these contingencies at the same time, generally he or she can receive only one payment. Similar legislative provisions apply in the case of PRSI funded pensions, and a person cannot be in receipt of both a State pension contributory and a Widow’s/Widower’s contributory pension at the same time. It should be noted, however, that the maximum personal rate of a Widow/Widower’s contributory pension is significantly higher for those aged 66 or over than it is for a widow or widower of working age, as it is aligned with the maximum personal rate for the State pension contributory. This principle of no more than one main payment per person is common to social security systems across the world.
Arrangements in relation to private pensions vary across the wide range of schemes and investment products available, each of which may have different benefits depending on a scheme’s rules or product type. Private occupational pensions generally require additional contributions to provide survivor’s benefits. In nature they differ significantly from State pensions. Private pensions do not generally have the broad social solidarity based provisions common to social welfare pensions, nor the high level of direct State subsidy which exists for State pension schemes financed from the Social Insurance Fund.
Amending the State pensions system, to allow for two pensions be paid to one person, would be a significant change to the system, providing certain people with the pension income considered necessary for two people, and would greatly increase the cost of the pensions system. This extra cost would have to be financed from either an increase in the rate of PRSI contributions, an increase in the Exchequer subvention to the scheme, or a reduction in the rate of payments. I have no plans to introduce such a change.
90. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection the reason for the deduction in the case of a person (details supplied). [46908/15]
View answerThe Department is obliged to recover debt owed to it as quickly as possible, having due regard to the circumstances of the debtor.
The person concerned has an outstanding carer’s allowance (CA) debt of €22,224.42 which the Department is recovering by way of €50.00 weekly deductions from her CA payment.
The person concerned was refunding the debt by weekly deductions of €30 commencing 13 November 2014. Following proposals from the Department to increase the amount of the weekly deduction to €100 per week, agreement was reached with the person concerned to increase the deductions to €50 per week and deductions at this level have been made from her CA payment since January 2015.
If the person in question feels they are unable to sustain that level of deduction at this point, it is open to her to request a reduction of the weekly amount being refunded by applying to the Department and providing details of her weekly income and outgoings to support her request.
91. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application under the carer's allowance scheme by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46929/15]
View answerI confirm that the Department received an application for carer’s allowance (CA) from the person concerned on 22 September 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 CA are satisfied. Once the SWI has reported, a DO will make a decision and the person concerned will be notified directly of the outcome.
92. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application under the carer's allowance scheme by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46933/15]
View answerI confirm that the Department received an application for carer’s allowance from the person concerned on 7 September 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
94. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) in County Kerry under the disabilty allowance scheme; and if she will make a statement on the matter. [46937/15]
View answerIn 2013, following a successful appeal to the Social Welfare Appeals Office against a disallowance of an application for disability allowance (DA) on medical grounds in 2011, the file was returned to the Department for further examination of the person’s eligibility for DA.
At that time, the person in question was requested by a deciding officer (DO) to provide additional information necessary to decide on his eligibility. The person concerned failed to supply this information so the DO was unable to make a decision on the claim. The person was informed at that time that failure to provide the requested information would result in his eligibility not being determined.
A subsequent application for DA from the person in question was awarded from September 2014 and all arrears due from that claim have been paid.
A deciding officer (DO) has recently been in contact again with the person concerned in relation to his potential eligibility for DA from 2011 onwards and information necessary to make a decision on that period has been requested from him. On receipt of that information, a DO will review his eligibility from 2011 and he will be notified of the decision as soon as possible.
95. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) in County Kerry under the disabilty allowance scheme; and if she will make a statement on the matter. [46938/15]
View answerI confirm the Department received an application for disability allowance (DA) on 15 September 2015. In order to determine the circumstances of the person concerned, her file was forwarded to her local Social Welfare Inspector (SWI). The SWI will arrange to meet with the person in question as soon as possible.
A decision on her entitlement to DA will be made on receipt of the Social Welfare Inspector’s report. The person concerned will be notified directly of the outcome.
96. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application by a person (details supplied) in County Kerry under the domiciliary care allowance scheme; and if she will make a statement on the matter. [46940/15]
View answerAn application for domiciliary care allowance was received from the person concerned on 26 August 2015. This application was not allowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on 13 November 2015 outlining the decision of the deciding officer to refuse the application.
A review of this decision was requested on 23 November 2015 and additional information on this child’s condition/care needs has been supplied. The application together with the new information supplied has been forwarded to a medical assessor for their professional opinion. Once this opinion is received the application will be re-examined by a deciding officer and a revised decision will be made if warranted. The person concerned will be notified of the outcome of this review as soon as it is completed. Such reviews can take up to 12 weeks to complete at present.
97. Deputy Finian McGrath asked the Tánaiste and Minister for Social Protection if she will investigate a matter (details supplied) regarding carer's benefit and carer's allowance; and if she will make a statement on the matter. [1003/16]
View answerCarer's allowance (CA) is a social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care and who satisfy a means test.
Carer’s allowance is not generally payable outside the State. However, where either the carer or care recipient needs to undergo medical or other treatment of a temporary nature, and where that treatment is not available in the State, on the provision of documentary evidence, payment can be made within the EU for a period not exceeding 13 weeks.
The carer’s benefit scheme is a weekly payment intended to provide income support to people who must leave the workforce temporarily to care for someone who is in need of full-time care and attention.
Entitlement to carer’s benefit is based on an applicant satisfying employment and PRSI contribution conditions. The care recipient must meet the full-time care and attention requirements and carer must provide full-time care. The maximum duration of the carer’s benefit scheme is 104 weeks in respect of an individual care recipient.
Periods of social insurance completed in another EU member state may be taken into account to meet PRSI contribution conditions. Where the carer last paid a social insurance contribution determines the EU member state with responsibility for paying benefits. Accordingly, payment of a last contribution in Ireland means that payment of carer’s benefit is the responsibility of this Department.
Carer’s benefit may be paid to a carer resident in any country within the EU who is providing full-time care and attention to another person(s) in that country, provided that the carer’s benefit qualifying conditions have been met.
Neither carer’s allowance nor benefit are payable to persons resident outside the EU.
98. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application for a carer's allowance (details supplied); and if she will make a statement on the matter. [1007/16]
View answerI confirm that the Department received an application for carer’s allowance from the person concerned on 8 September 2015. Additional information in relation to the person’s application has been requested by a deciding officer. Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
99. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal of a farm assist decision by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [1008/16]
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.
100. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal regarding a decision on an invalidity pension by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [1009/16]
View answerThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.
Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.
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.
101. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal of a decision for a jobseeker's allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [1027/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was received in that office on 5 January 2016. 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.
102. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal regarding a disability allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [1028/16]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. The person concerned was notified of the Appeals Officer’s decision on 22 December 2015.
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.
