Written Answers Nos. 1-40
24. Deputy Robert Troy asked the Tánaiste and Minister for Social Protection if a person (details supplied) will qualify under the jobseeker's allowance scheme based on the person's Pay Related Social Insurance contributions from 2006 to 2015, given that the person has applied and is awaiting a result. [4482/16]
View answerJobseeker's Benefit (JB) is a weekly payment to people who are out of work and have paid Pay Related Social Insurance (PRSI) contributions at Classes A, H and P. The person concerned paid Class B contributions from 2006 to 2015 and is, therefore, not currently eligible for JB.
A client who does not qualify for JB may qualify for Jobseeker's Allowance (JA), which is a means tested payment. There is no record of a Jobseeker’s application having been received for the person concerned.
25. Deputy Mattie McGrath asked the Tánaiste and Minister for Social Protection if it is acceptable that extra allowances such as the supplementary welfare allowance diet supplement are being cut off or reduced for persons in receipt of the State pension as a result of the increase of €3 in the State pension; if this counteracts the increase announced in Budget 2016; if this was intended when the increase was announced; if she will ensure that reviews of such payments acknowledge the purpose of the increase in the State pension and make allowance for same; and if she will make a statement on the matter. [4514/16]
View answerDiet supplement, administered under the supplementary welfare allowance (SWA) scheme, is payable to qualifying persons, in receipt of the supplement prior to February 2014, who have been prescribed a special diet as a result of a specified medical condition.
Following the outcome of a review of the costs of healthy eating and specialised diets by the Irish Nutrition and Dietetic Institute commissioned by the Department during 2013, the scheme has been closed to new applicants from 1 February 2014. The research showed that the average costs of the diets supplemented under the scheme could be met from within one third of the current rate of personal social welfare payments. A decision was taken to allow existing recipients to continue to receive the diet supplement at the current rate of payment for as long as they continue to have an entitlement to the scheme or until their circumstances change. This measure ensured that nobody was immediately worse off by the closure of the scheme. An increase in weekly means, including any increase in social welfare income including state pension, affects the rate of diet supplement payable.
Community Welfare Service (CWS) staff who administer the SWA scheme continue to have statutory powers to award a payment or supplement in cases of exceptional need. Customers experiencing financial hardship should contact their local CWS officer who may be able to offer assistance.
26. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection the steps she is taking and her oversight to ensure that persons on community employment schemes receive proper health and safety and manual handling training prior to starting a placement and that they are issued with proper protective clothing where appropriate. [4520/16]
View answerCommunity Employment (CE) sponsoring organisations, as the legal employers of CE participants, are responsible for ensuring that all relevant health and safety requirements under the Safety, Health and Welfare Act 2005, and any subsequent enactments are adhered to. Non-compliance with this legislation may be deemed non-compliance with the CE Agreement. The Health and Safety Authority are the statutory body with responsibility for ensuring that workers and those affected by work activities are protected from work-related injury and ill-health.
Furthermore, directors and senior managers carry particular responsibilities under the 2005 Act if it can be shown that an offence committed by their undertaking was attributable to neglect, connivance, consent or authorisation on their part. Penalties can include fines and/or prison sentences on conviction.
Certain types of training are considered mandatory for CE participants, including manual handling, and health & safety training. Many also complete courses in occupational first-aid and fire safety. Also, sponsors are responsible for supplying necessary tools, equipment and protective clothing for participants to undertake their work.
Where a project is involved in construction work, its activity is covered by the Safety, Health and Welfare at Work (Construction) Regulations 2001, as amended by the Safety, Health and Welfare at Work Regulations 2003. Project sponsors should ensure that they are aware of, and fully conversant with, their responsibilities under these regulations. Where construction work is involved, a Safepass card is also mandatory for each participant involved in site-related work.
An employer cannot penalise any employee for acting in accordance with safety and health laws, or for reporting complaints regarding safety and health matters at work.
27. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection how she monitors access to training for participants in community employment schemes; and why some persons are unable to access their required entitlements and choices. [4521/16]
View answerThe delivery of training and development on Community Employment (CE) is in accordance with a tailored Individual Learning Plan. This is compiled by the CE Supervisor with the participant, having regard to the participant’s training needs, career plan and employment goals. It is the responsibility of the scheme sponsor to ensure that all participants engage in training that is accredited on the National Framework of Qualifications (NFQ) or in industry-certified training that is quality assured and provides value for money to the Department. Training should be procured, in the first instance, from the local Education and Training Boards (ETBs) at low or no charge to the Scheme. It is recommended that this is planned in advance with the ETBs so that the learning needs of participants can be met.
Other training options must be procured through Departmental procurement procedures. Any proposed training that exceeds the training budget allocated is assessed based on the value of the training provided, having regard to furthering the overall employment prospects of the individual.
Training for participants is monitored through the programme and training monitoring visits carried out by the Department on an annual basis. In recent times, the Department has improved the programme and monitoring of schemes and the renewed focus on the training and development of individuals is leading to greater options and achievements for the learner. The role of the sponsoring organisation and the CE supervisor in the provision of training, guidance and support is also critical to achieving positive outcomes.
28. Deputy John Perry asked the Tánaiste and Minister for Social Protection to facilitate an application by a person (details supplied) under the carer's allowance scheme; and if she will make a statement on the matter. [4552/16]
View answerCarer's Allowance (CA) is a means-tested 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.
The person concerned applied for CA on 5 March 2015. The application was refused by a deciding officer (DO) as she could not be considered to be providing full-time care and attention to the care recipient due to her working outside the home for in excess of 15 hours per week, contrary to the eligibility requirements.
The person appealed this decision to the independent Social Welfare Appeals Office but the appeal was disallowed. Under Social Welfare legislation, the decision of an AO is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts.
If the circumstances have changed and the person concerned wishes to make a new application, she should complete and return the application form (CR1) that I have arranged to issue to her. Once all documentation is received, a deciding officer will make a decision and the person concerned will be notified directly of the outcome.
29. Deputy Pearse Doherty asked the Minister for Finance the expected revenue from the imposition of a 25% special tobacco levy on tobacco companies as a proportion of the profits they generate in the Irish market. [4534/16]
View answerI understand that the Deputy is proposing to apply a tax on the profits of tobacco companies. The Deputy may be aware that the Irish Heart Foundation proposed a similar levy in its pre-Budget 2016 submission. I take all proposals made as part of the Budget and Finance Bill process under consideration, and will continue to do so.
In Ireland profits of companies are taxed through corporation tax. Ireland's corporate tax rate of 12.5% on trading income is akin to a brand and is an important part of the Government's strategy of creating an enterprise friendly environment to attract jobs and investment to Ireland. One of the main features of the rate is its simplicity and the fact that it applies to a broad base.
The Deputy's suggested approach would involve complexity and could undermine the attractiveness of Ireland's corporate tax offering.
It is not possible to predict the effect such a levy would have on the behaviour and decisions of companies within the State. This uncertainty in relation to responses prevents a reliable estimate being made of any yield that might accrue to the Exchequer if such a levy were imposed on their profits. The proposal could also give rise to State Aid implications.
30. Deputy Catherine Murphy asked the Minister for Finance the changes in eligibility for tax relief on mortgage interest in respect of first-time buyer home loans in 2009 and 2010; if first-time buyers who obtained their mortgages in those specific years are entitled to the same or to a higher benefit under the scheme; the reason for this measure; the amounts offered in mortgage interest relief for first-time buyers in each year from 2002 to 2015; and if he will make a statement on the matter. [4569/16]
View answerThe Deputy will be aware that mortgage interest relief has been abolished for homes purchased since 1 January 2013. Up until 2018 however, tax relief continues to be available for interest paid on all qualifying home loans taken out on or after 1 January 2004 and on or before 31 December 2012, regardless of whether the individuals concerned are first-time buyers or non-first-time buyers.
Mortgage interest relief was restricted in Finance Act 2009 so that, with effect from 1 May 2009, the interest payable on a qualifying home loan qualified for tax relief only for the first 7 tax years of the life of that loan. This applied to the interest payable on existing and new qualifying home loans by both first-time buyers and by non first-time buyers.
There was no change in the rate at which tax relief was available to first-time buyers, which was as follows:
- 25 per cent of relievable interest for years 1 and 2;
- 22.5 per cent of relievable interest for years 3, 4 and 5; and -
- 20 per cent of relievable interest for years 6 and 7.
For non first-time buyers, the rate of relief was 15% of relievable interest.Relievable interest is the amount of interest paid, subject to a ceiling on the maximum amount that can be relieved, as follows:
- In the case of a first-time buyer in the first seven years of entitlement - €10,000 (€20,000 for a married individual/civil partner/widowed individual) and
- In other cases €3,000 (€6,000 for a married individual/civil partner/widowed individual).
Where mortgage interest relief would otherwise have ceased in 2010 or later, Finance Act 2010 extended the tax relief to 2017 at prevailing rates and ceilings. That Act also extended the tax relief to 2017 on interest paid on new qualifying home loans taken out on or before 31 December 2012. There was no subsequent change to the rates or ceilings in respect of first time buyers who took out a loan in 2009 or 2010.
Finance Act 2012 subsequently introduced a new rate of relief of 30% of relievable interest, again subject to the ceilings above, as respects qualifying interest paid on a qualifying loan taken out on or after 1 January 2004 and on or before 31 December 2008. This applied to the purchase of an individual's first qualifying residence or second or subsequent qualifying residence but only where the first qualifying residence was purchased on or after 1 January 2004. The rationale behind this change was to help address the particular problems faced by those who bought homes at the height of the property boom between 2004 and 2008, fulfilling the commitment in the Programme for Government.
Further detailed information in relation to mortgage interest relief is available from Tax and Duty Manual 08.03.08 which is available on the Revenue website - http//www.revenue.ie/en/about/foi/s16/income-tax-capital-gains-tax-corporation-tax/part-08/08-03-08.pdf.
31. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform to support a matter regarding the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [4568/16]
View answerWhile I cannot comment on individual cases or circumstances the following sets out the position in relation to the Public Service Sick Leave Scheme and the Critical Illness Protocol.
The Public Service Sick Leave Scheme came into effect on 31 March 2014. The rationale for the Scheme is to provide support to public servants who become ill while at the same time reduce the unsustainable cost of sick leave in the public service, increase productivity and reduce absenteeism.
Although the new scheme did reduce access to sick pay overall it retained the previous access to sick pay for those public servants who suffer from a critical illness or injury. Where an individual is given access to the critical illness provisions the Scheme provides for:
- up to 365 days' paid sick leave in a four year period (comprising 183 days or 6 months on full pay in a rolling one year period, followed by 182 days a further 6 months on half pay). This is the same as the access that existed under the previous sick leave schemes in place across much of the public service.
- under a protective year provision, an individual who has taken sick leave because of a critical illness will continue to have access to the extended sick pay limits for 12 months following the first day of the critical illness.
- an extended period of temporary rehabilitation remuneration (TRR) of up to 730 days (2 years). This may be paid where it is a direct continuation of an illness under the Critical Illness Protocol and further period of sick leave is required to rehabilitate from the critical illness/injury;
- an occupational health physician certifies that there is a reasonable prospect of the individual returning to work and giving regular and effective service; and
- the decision to award the additional period of temporary rehabilitation remuneration is reviewed every 6 months.
While I have outlined the general provisions of the Sick Leave Scheme that relate to critical illnesses it is the individual's circumstances, including their sick leave record and the nature of the illness, that are relevant in determining their access to paid sick leave.
32. Deputy Peter Fitzpatrick asked the Minister for Public Expenditure and Reform if a parliamentary assistant to a Teachta Dála, who is a Minister, has the same entitlement to apply for voluntary early retirement as a parliamentary assistant to a Teachta Dála who is not a Minister; and if he will make a statement on the matter. [4497/16]
View answerI refer the Deputy to my response to PQ 3324 of 27 January on the same matter.
33. Deputy Colm Keaveney asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 89 of 26 November 2015, if he reconsidered the case and if he will expedite the granting of funding for these necessary flood relief measures; and if he will make a statement on the matter. [4504/16]
View answerAs indicated in my reply to Parliamentary Question Number 89 of 26 November 2015, further information is required from Galway County Council (GCC) in relation to the determination of benefits attributable to the proposed works having regard to the complex nature of the cause of flooding at this location.
No further submission has been received to date from GCC but it remains open to the Council to provide clarification in support of a revised application for funding.
34. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 16 of 14 October 2015, if he is aware that the judicial reviews against the ombudsman have been settled on terms favourable to the applicants; if he will examine changes to the in-house complaints procedure to ensure that needless and expensive court challenges are not required; and if he will make a statement on the matter. [4505/16]
View answerI am advised that the four Judicial Reviews against the Ombudsman alluded to were withdrawn by agreement between the parties and were not settled in either party's favour. The Office of the Ombudsman is an independent Office accountable to the Houses of the Oireachtas. That said, I am aware that the Ombudsman does afford individuals an opportunity to review decisions reached on their complaints to his Office. I am also advised that the Ombudsman keeps his Office's complaint-handling processes and procedures under ongoing review.
35. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the amount the Commission for Public Service Appointments incurred in independent psychologist fees in the years 2012 to 2016 to date; if he will sanction the employment of a psychologist to professionally assist the commission in discharging its important duties; and if he will make a statement on the matter. [4506/16]
View answerI am advised that the Commission for Public Service Appointments has not incurred fees in respect of engaging an independent psychologist in the years 2012 to 2015 or to date in 2016. Any requests for the employment of a Psychologist for the Commission would be considered in line with normal procedures for approving the recruitment of staff and on the merits of the case presented.
36. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 17 of 14 October 2015, the date the legal tender was entered into; if it prevented the Commission for Public Service Appointments from having recourse to the taxing master process; why substantial fees were incurred in this case; if he is aware that the commission is liable for discharging the legal fees of the applicant who successfully argued that the commission was subject to judicial review; given this judgment, the changes he will introduce in the personnel, procedures and processes of the commission; and if he will make a statement on the matter. [4507/16]
View answerI am advised that the legal service provider was engaged by the Office of the Commission for Public Service Appointments (CPSA) in December 2009. The arrangement with the providers did not prevent the CPSA from having recourse to the Taxing Master process. The CPSA incurred legal fees in successfully defending an application for a Judicial Review. A discrete argument in the proceeding was whether or not the CPSA was subject to Judicial Review in the circumstances before the Court. The Court ultimately found that the CPSA was subject to Judicial Review as argued by the applicant, who was awarded his costs in relation to that discrete argument. As the CPSA was successful in its defence of the substantive issue raised in the Judicial Review, I am satisfied that there is no need for actions and procedures employed by the CPSA arising from this case specifically to be scrutinised over and above the normal reviews undertaken on an ongoing basis by the Commission.
37. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the options open to a civil servant on a six-month career break to extend it by a further two months; and if he will make a statement on the matter. [4508/16]
View answerAs part of my responsibilities as Minister for Public Expenditure and Reform, I have responsibility for the terms and conditions of employment of civil servants, including career breaks.
Career breaks consist of special leave without pay for a period of not less than six months for the following reasons:
- family reasons
- other domestic reasons
- travel
- educational purposes
- taking up employment in the private sector
- becoming self-employed
A civil servant may apply to extend the career break in six monthly periods, or in periods in excess of six months, provided the total period of continuous special leave without pay does not exceed five years, or three years in cases of self employment or employment in the private sector.
38. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if an existing contract is in place to provide retirement planning courses for civil servants; when the next tendering process will take place for such courses; and if he will make a statement on the matter. [4509/16]
View answerDuring 2015 a tender competition was run by the Office of Government Procurement on behalf of my Department for retirement planning courses. This resulted in a contract being awarded in September 2015. Unfortunately the service provider decided not to continue with the operation of the contract which concluded with courses being provided at the end of January. A new tender competition commenced on 18 January 2016.
39. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 232 of 11 November 2014, if the plans have been updated. [4517/16]
View answerOPW is progressing the plan for the development of an integrated traffic management system for the roadway leading to the Dun Aonghusa Visitor centre and hopes to lodge a Planning Application for the relevant physical works measures by end of March 2016.
40. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform why the employment status of a person (details supplied) in County Dublin in relation to a pension was changed from constable to labourer; the implications of this change on the rate of payment to the person; and if this rate of payment is correct. [4537/16]
View answerI am advised by the Commissioners of Public Works that there has been no change made by them in the pensionable status of the person concerned.
