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Wednesday, 13 Jan 2016

Written Answers Nos 45-64

Disability Allowance Payments

Questions (45)

Noel Coonan

Question:

45. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when arrears under the disability allowance scheme will issue to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [46462/15]

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Written answers

The person in question has been awarded disability allowance (DA) with effect from 5 August 2015. The first payment was made to the person concerned by his chosen payment method on 16 December 2015.

The person in question was in receipt of another social welfare payment during this period. Consequently, the amount of social welfare already paid must be calculated and deducted from any arrears of DA due. Any residual arrears due will be paid to the person in question shortly.

Disability Allowance Appeals

Questions (46, 93)

Michael Healy-Rae

Question:

46. 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 disability allowance scheme; and if she will make a statement on the matter. [46483/15]

View answer

Michael Healy-Rae

Question:

93. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) under the disability allowance scheme; and if she will make a statement on the matter. [46936/15]

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Written answers

I propose to take Questions Nos. 46 and 93 together.

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 of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 31 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.

Disability Allowance Applications

Questions (47)

Michael Healy-Rae

Question:

47. 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 disability allowance scheme; and if she will make a statement on the matter. [46484/15]

View answer

Written answers

The person concerned has been awarded disability allowance with effect from 21 October 2015. The first payment was made by his selected payment method on 5 January 2016. This included all arrears of payment due.

Disability Allowance Applications

Questions (48)

Michael Healy-Rae

Question:

48. 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 disability allowance scheme; and if she will make a statement on the matter. [46485/15]

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Written answers

The application from the person concerned, based upon the evidence submitted, was refused on medical grounds and he was notified in writing of this decision on 6 January 2016. The person was also notified of his right to a review of this decision or to appeal it to the independent Social Welfare Appeals Office.

Disability Allowance Appeals

Questions (49)

Michael Healy-Rae

Question:

49. 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 disability allowance scheme; and if she will make a statement on the matter. [46486/15]

View answer

Written answers

The application for disability allowance (DA) from the person in question was disallowed by a deciding officer (DO) on the grounds that, according to the evidence before him/her, he does not satisfy the medical conditions for the scheme. Notification of this decision issued on 23 October 2015.

The person in question has lodged an appeal with the independent Social Welfare Appeals Office (SWAO). All the relevant papers recently were forwarded to the SWAO. They will be in contact with the person in due course in relation to the progress of the appeal.

Disability Allowance Applications

Questions (50)

Michael Healy-Rae

Question:

50. 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 disability allowance scheme; and if she will make a statement on the matter. [46487/15]

View answer

Written answers

I confirm that an application from the person concerned for disability allowance (DA) was received by the Department on 21 October 2015. On 1 December 2015, we requested the person in question to supply additional information in relation to his means which was omitted from the information supplied with the application. A decision will be made on his application for DA upon the receipt of the requested information.

Carer's Allowance Applications

Questions (51)

James Bannon

Question:

51. Deputy James Bannon asked the Tánaiste and Minister for Social Protection when a decision on a review of an appeal under the carer's allowance scheme will issue to a person (details supplied) in County Longford; and if she will make a statement on the matter. [46498/15]

View answer

Written answers

I confirm that the department received an application for carer’s allowance (CA) from the person concerned on 1 September 2015.

Carer's Allowance (CA) is a social assistance payment, made to persons who are providing full-time care and attention to people who have a disability such that they require that level of care and who satisfy a means test.

A person can 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 a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

The application for CA was refused on the grounds that person concerned was working outside the home for more than 15 hours per week.

He was notified on 12 November 2015 of this decision, the reason for it and of his right of review and appeal. To date, no request for a review or appeal has been received from the person concerned.

Disability Allowance Applications

Questions (52)

Michael Creed

Question:

52. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection why an application by a person (details supplied) in County Cork was refused under the disability allowance scheme, given the financial hardship involved; if she will urgently review this decision; and if she will make a statement on the matter. [46509/15]

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Written answers

Disability allowance is a payment made to persons suffering from a specified disability which causes them to be substantially restricted in obtaining and/or retaining employment suitable to their age, qualifications and experience. In addition, the person must satisfy a means test and be habitually resident in the State.

The application from the person in question, based upon the evidence submitted, was refused on both means and medical grounds and she was notified in writing of this decision on 8 December 2015. The person was also notified of her right to a review of this decision or to appeal it to the independent Social Welfare Appeals Office.

Homeless Persons Data

Questions (53)

Maureen O'Sullivan

Question:

53. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection the number of homeless persons presenting at and provided with accommodation by the new communities unit by nationality in each of the years 2013 to date. [46518/15]

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Written answers

The New Communities Unit (NCU) of the Department of Social Protection offers assistance to families who are primarily non-Irish, homeless and generally without recourse to any weekly income. The main focus of this unit is to ensure that families entitled to same receive a payment, under the terms of the relevant legislation, from the Department. In addition non-Irish homeless families have been referred to this unit directly by the Central Placement Service, operated on behalf of the four local authorities by Dublin City Council, and the staff here has facilitated booking these people into accommodation sourced and funded by Dublin City Council.

Information in relation to the number of individuals presenting to the NCU seeking emergency accommodation, and whether or not they are provided with or refused accommodation, is not retained.

With regard to details of customers accommodated however, the managers of the accommodations file returns with a Dublin City Council official and these returns would contain some details of the families concerned.

Information on who refers customers to its service is not collated by the NCE as referrals come from a variety of sources. For example, some come via Dublin City Council, some through various agencies/NGOs and some people self-refer. As there has been no particular relevance attached to the source of the referral this data has not been systematically recorded.

Social Welfare Benefits Eligibility

Questions (54)

Willie O'Dea

Question:

54. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the status of payments to persons reaching 65 years of age who were born after April 1955 and who must wait until 67 years of age for a State pension and who must sign on for a jobseeker's benefit or a jobseeker's allowance in the interim years; if he will enable those persons to receive a State payment without being means-tested for the second year, given their social protection contributions during their working lives, given the status of those social protection clients employed by local authorities who insist retirement must occur at 65 years of age and prevent employees from remaining in employment until 67 years of age; and if she will make a statement on the matter. [46535/15]

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Written answers

At the outset, the Deputy may wish to note that overall policy in relation to the terms and conditions of employment of civil and public servants, including the age at which they may be required to retire, and the public service pension they may qualify for, are the responsibility of my colleague, Mr Brendan Howlin, T.D. Minister for Public Expenditure and Reform.

The Social Welfare and Pensions Act, 2011 provides that State pension age will be increased gradually to 68 years. This began in January 2014 with the standardising of State pension age for all at 66 years and the cessation of State pension transition. The State pension age will increase to 67 years in 2021 and to 68 years in 2028.

I am informed by the Department of Public Expenditure and Reform that the specific compulsory retirement age and minimum pension age provisions which affect an individual public servant will reflect his or her particular employment sector and time of original recruitment. Public servants who must retire at age 65 can draw their public service pension at age 65. The State pension changes have no impact on such persons where they are in the modified social insurance category.

Where alternatively they are in the full social insurance category, their public service pensions (and contributions) are, as with many occupational schemes, integrated (or co-ordinated) with social welfare benefits. This means the occupational pension paid is based on the assumption that the pensioner also receives the State pension. The State pension (contributory) entitlement is calculated with reference to the complete PRSI record, including contributions made while working in the public and private sectors.

In the case of retirements of fully insured public servants at age 65, a discretionary supplementary pension may be payable under the rules of the public service scheme to bridge the gap until State Pension commencement at age 66 years. This supplementary pension is only payable where the individual, through no fault of his own or her own, does not qualify for social welfare benefit or qualifies at less than the maximum personal rate. It is therefore necessary to claim the available social welfare benefits in order to receive a supplementary pension. This situation is not new and already applies to public servants with a retirement age below 65 years.

The current provisions, which apply to someone claiming jobseeker’s benefit from a date after their 65th birthday, is that they may continue to be eligible for that payment until reaching pension age. While this is currently up to their 66 birthday, this approach will continue to extend their jobseeker’s benefit entitlement continuing for another year when the pension age rises to 67, and indeed a further year when it rises to 68 in 2028. This eligibility is of course still subject to satisfying conditions such as the ‘genuinely seeking work’ condition.

Social Welfare Code Reform

Questions (55)

Terence Flanagan

Question:

55. Deputy Terence Flanagan asked the Tánaiste and Minister for Social Protection if she will change the retirement age of a person (details supplied) in Dublin 9; and if she will make a statement on the matter. [46542/15]

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Written answers

The Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition) available at 65, thereby standardising State pension age for all at 66 years. State pension age will increase further to 67 in 2021 and 68 in 2028. The changes introduced in 2011 were on foot of a Government commitment included in the National Recovery Plan published in 2010 and in the subsequent Memorandum of Understanding with the EU/ECB/IMF.

The purpose of these changes is to make the pension system sustainable in the context of increasing life expectancy. More people are living to pension age and living longer in retirement. In this context, the duration for which an average pension will be paid will continue to increase. The number of pensions is increasing by approximately 17,000 annually as a result of this demographic change. This has significant implications for the future costs of State pension provision which are currently increasing by close to €1 billion every 5 years.

In 2013, the cost of the State pension (transition) was €137 million. It was estimated at the time that the net saving resulting from its abolition, when taking into account that many people were instead in receipt of other payments at the lower rates applicable to those under 66, would amount to €33.5m in 2014 and would amount to approximately €65 million in 2015.

There is no legal retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. In terms of financial supports, social welfare benefits will continue to be available to the age of 66 for those who are contractually obliged to leave employment. Jobseekers whose benefit expires in their 65th year will continue to be paid benefit up until the age of 66.

There are no plans to introduce legislation to change from the current position.

Carer's Allowance Applications

Questions (56)

Michael Creed

Question:

56. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection if he will issue a decision on an application under the carer's allowance scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [46552/15]

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Written answers

I confirm that the Department received an application for carer’s allowance (CA) from the person concerned on 17 August 2015.

The application has been referred by a deciding officer (DO) to a local social welfare inspector (SWI) to assess whether they are habitually resident, 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.

Disability Allowance Data

Questions (57)

Peadar Tóibín

Question:

57. Deputy Peadar Tóibín asked the Tánaiste and Minister for Social Protection the number of new claims she has approved and the percentages for the number of refusals based on financial grounds under the disability allowance scheme in each year since 2011 to date. [46560/15]

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Written answers

The Department does not maintain statistics, broken down by reason(s), in relation to disallowances of disability allowance (DA) applications.

The following table relates to the total number of disability allowance decisions that were awarded and disallowed for each year from 2011 to 2015.

Year

Awarded *

Disallowed

2011

9246

14116

2012

10400

14519

2013

12497

14691

2014

13876

12621

2015

15814

14800

(*)Please note that the statistics in relation to awarded cases include cases also recorded in the disallowed category which were initially disallowed but subsequently awarded following a review by a deciding officer or a successful appeal.

Invalidity Pension Applications

Questions (58)

Michael Healy-Rae

Question:

58. 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 invalidity pension scheme; and if she will make a statement on the matter. [46575/15]

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Written answers

Invalidity 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.

A claim for IP was received from the person concerned on the 10 September 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on 4 December 2015 of this decision, the reasons for it and of her right of review or appeal.

The person concerned requested a review of this decision and submitted further medical evidence in support of her request. Following a review of all the information available the deciding officer is satisfied that the medical conditions for the scheme are satisfied.

The person in question may have an entitlement to claim an increase for a qualified adult (IQA). On 11 January 2016, a deciding officer requested that the person concerned indicate if she wishes to claim an IQA and complete all questions on the IP application form pertaining to claiming this allowance. Upon receipt of same, the IQA entitlement will be assessed and the IP claim will be finalised and the person in question will be notified of the details.

Social Welfare Payments Administration

Questions (59)

Terence Flanagan

Question:

59. Deputy Terence Flanagan asked the Tánaiste and Minister for Social Protection the status of payments to a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [46577/15]

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Written answers

The recent Budget was designed to improve the lives and living standards of every person and every family in the country. The 2016 Budget package I introduced had four key aims, as follows:

- To increase supports for pensioners aged 66 and over;

- To strengthen supports for families with children;

- To increase the momentum to date in helping jobseekers back to work; and

- To provide targeted assistance for vulnerable groups.

While recipients of Disability Allowance and Invalidity Pension did not benefit from a weekly rate increase, they will benefit from a number of other Budget 2016 measures.

In Budget 2015, I reintroduced a Christmas Bonus payable at 25% of the weekly rate. The Bonus had been abolished by the previous Government in 2009. In Budget 2016, I was pleased to be in a position to provide a 75% Christmas Bonus payment for all welfare recipients, including recipients of both Disability Allowance and Invalidity Pension. A single person in receipt of Disability Allowance received a bonus payment of €141 and a couple, with a qualified adult and no children received a bonus of €234.60. A couple in receipt of Invalidity Pension with a qualified adult and two qualified children received a bonus payment of €293.40.

In addition, those eligible for the Fuel Allowance will gain from the increase in January of €2.50 per week, from €20 to €22.50 per week over the fuel season.

Funding for the Free Travel scheme, which benefits a large number of both Disability Allowance and Invalidity Pension recipients, is being increased by €3m, from €77m to €80m, to meet increased numbers eligible for the scheme and therefore fully protect entitlements under the scheme.

Recipients of Disability Allowance and Invalidity Pension who have children will also benefit from the €5 increase in the monthly rate of Child Benefit.

The Respite Care Grant, now renamed the Carer’s Support Grant to better reflect the usage of the grant, is being increased by €325, from €1,375 to €1,700 per annum. Furthermore, payment of Carer’s Allowance will be extended by 6 weeks, from 6 weeks to 12 weeks, after the death of the care recipient. These measures will benefit the carers of those Disability Allowance and Invalidity Pension recipients who are relying on another person to provide full time care.

It should also be noted that as a result of Budget 2015, recipients of Disability Allowance and Invalidity Pension who live alone gained from the €1.30 increase in the weekly rate of the Living Alone Allowance.

The key achievement of this Government has been to stabilise the nation’s finances, to increase employment and to achieve economic growth. This endeavour is well underway and we are already reaping the benefits of these policies, including, the ability to invest in the improvements I have announced over the last two years in welfare supports.

Departmental Schemes

Questions (60)

Tom Fleming

Question:

60. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection the status of proposals for the amalgamation of the rural social, community employment and Gateway schemes into one joint scheme (details supplied); and if she will make a statement on the matter. [46580/15]

View answer

Written answers

The Department of Social Protection operates a number of programmes and initiatives including Community Employment, Tús – the community work placement initiative, Gateway and the Rural Social Scheme. Various community services and activities are directly and indirectly supported by participants through these programmes and initiatives.

Tús and Gateway were introduced and numbers on other schemes expanded as a direct response to the growth in the level of unemployment during the financial crisis. As the economy continues to recover and the overall level of unemployment falls, the Department recognises the need to adapt these schemes to the changing circumstances, opportunities and needs of jobseekers and others. The Department has no plans at present for a single scheme, but it will be keeping under review the changing circumstances and underlying rationale and resource commitments for the number of interventions currently being delivered.

The Department will continue to work with stakeholders in planning the longer term needs of jobseekers and other customers. It remains committed to ensuring that the social inclusion and community benefits that accrue from these schemes continue to be recognised and supported.

Departmental Schemes

Questions (61)

Michael Healy-Rae

Question:

61. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection on behalf of community employment scheme supervisors (details supplied) the status of the removal of TÚS, the workplace initiative, rural social schemes, community employment schemes and Gateway schemes and their replacement by one scheme; and if she will make a statement on the matter. [46581/15]

View answer

Written answers

The Department of Social Protection operates a number of programmes and initiatives including Community Employment, Tús – the community work placement initiative, Gateway and the Rural Social Scheme. These schemes are delivered locally by local authorities, local sponsoring groups, local development companies and Údarás na Gaeltachta (in Gaeltacht areas). Various community services and activities are directly and indirectly supported by participants through these programmes and initiatives.

Tús and Gateway were introduced and numbers on other schemes expanded as a direct response to the growth in the level of unemployment during the financial crisis. As the economy continues to recover and the overall level of unemployment falls, the Department recognises the need to adapt these schemes to the changing circumstances, opportunities and needs of jobseekers and others. The Department has no plans at present for a single scheme, but it will be keeping under review the changing circumstances and underlying rationale and resource commitments for the number of interventions currently being delivered.

The Department will continue to work with stakeholders in planning the longer term needs of jobseekers and other customers. It remains committed to ensuring that the social inclusion and community benefits that accrue from these schemes continue to be recognised and supported.

Jobseeker's Allowance Payments

Questions (62)

Mary Mitchell O'Connor

Question:

62. Deputy Mary Mitchell O'Connor asked the Tánaiste and Minister for Social Protection why a person (details supplied) is only receiving €30 per week on social protection; and if she will make a statement on the matter. [46582/15]

View answer

Written answers

The person concerned is in receipt of jobseeker’s allowance at the weekly rate of €33.60. Weekly means were assessed based on information and documentation supplied by the person concerned to the Department regarding his income. The person concerned has submitted an appeal to the independent Social Welfare Appeals Office. The appeal submission was forwarded to the Social Welfare Appeals Office on 08 January 2016. The person concerned will be advised of the outcome upon completion of the appeals process.

Invalidity Pension Applications

Questions (63)

Michael Healy-Rae

Question:

63. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an invalidity pension to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46587/15]

View answer

Written answers

Invalidity 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.

To qualify for IP a claimant must, inter-alia, have 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.

The department received a claim for IP for the person concerned on the 25 February 2015. The person concerned was ineligible for IP under national legislation on the grounds that the contribution conditions for the scheme were not satisfied.

EU Regulations provide that insurance contributions made in any other EU member state may be aggregated with Irish contributions in order to satisfy the contribution conditions for payment of a pro rata IP. A request was sent to the Polish social security authorities requesting his Polish insurance record. Receipt of this information confirmed that the person in question satisfied the contribution criteria for IP under EU Regulations and as he satisfied all other qualifying conditions the person concerned was awarded a pro-rata IP from the 2 April 2015. He qualified for pro-rata IP at 28.30% of the basic rate thus entitling him a reduced rate.

On behalf of the person concerned, on 10 March 2015, this Department made a claim for an equivalent IP payment with the Polish social security authorities. A decision on this application has not been received to date.

The spouse of the person concerned has recently become eligible for an increase in her jobseeker’s benefit (JB) in respect of the person concerned as a qualified adult (IQA). The IQA is payable at a higher rate than his current IP rate. The person in question requested termination of his IP claim from the 4 January 2016 in order that his spouse may be granted IQA and payment to him of IP has ceased from this date.

The Department has also received an application for Disability Allowance (DA) from the person concerned on the 21 December 2015. The DA claim will be processed as quickly as possible and, should he qualify at a higher rate than the IQA rate on his spouse’s JB, this payment will be awarded to the person in question in place of the IQA.

Ministerial Correspondence

Questions (64)

Mary Mitchell O'Connor

Question:

64. Deputy Mary Mitchell O'Connor asked the Tánaiste and Minister for Social Protection why she has not acknowledged registered correspondence by a person (details supplied); and if she will make a statement on the matter. [46593/15]

View answer

Written answers

The Department’s Social Services Office Sligo received registered correspondence from the person concerned on 12 November 2015. Regrettably the correspondence has become mislaid. The Department apologises for this error.

Through the help of your office, the Department has been able to contact the person concerned, who is away from their home at present. Arrangements have been made for the person concerned to bring a copy of the registered correspondence to Dún Laoghaire Intreo Office, following their return, for direct transmission to a specified officer in Sligo. Thereafter, an immediate response will be provided by the Sligo Office.

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