Written Answers Nos 44-58
44. Deputy David Cullinane asked the Tánaiste and Minister for Social Protection if she is aware of the case of a person (details supplied) regarding the Waterford Crystal Limited contributory pension scheme; and if she will make a statement on the matter. [8224/16]
View answer45. Deputy David Cullinane asked the Tánaiste and Minister for Social Protection if she is aware of the case of a person (details supplied) regarding the Waterford Crystal Limited contributory pension scheme; and if she will make a statement on the matter. [8225/16]
View answerI propose to take Questions Nos. 44 and 45 together.
The persons referred to are part of a group of former workers who left the service of Waterford Crystal in the early 1990s and received their full pension entitlements in relation to pre-1991 service under the schemes at that point. The payments made at that time were in full and final settlement of their entitlements under the schemes and were paid in accordance with Pension Regulations then in force.
I understand that subsequently some of these individuals took a case against Waterford Crystal Limited and Irish Pensions Trust Limited. My information is that this case was settled in December 2009 on terms that were satisfactory to both parties.
The terms of the mediated settlement in relation to the Waterford Crystal Factory and Staff Schemes are specifically in respect of a particular group of scheme members whose pension benefits were significantly and detrimentally affected by the wind up of the scheme. The persons you refer to did not have any entitlement to a benefit under the pension schemes at the date of wind up in relation to their pre 1991 service. Settlement terms in relation to post 1991 service were offered to these individuals in August 2015. To date they have not accepted these terms. A dispute resolution process was set up for the event that scheme members did not agree with the dates or amounts in the settlement documents. The period of time during which the dispute resolution process could be accessed has now expired.
46. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when she will issue a decision on an application by a person (details supplied) under the disability allowance scheme; and if she will make a statement on the matter. [8238/16]
View answerI confirm that an application from the person concerned for disability allowance (DA) was received by the Department on 16 February 2016. The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. Once the SWI has submitted his/her report to DA section, a decision will be made on the application and the person concerned will be notified directly of the outcome.
48. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) under the illness benefit scheme; and if she will make a statement on the matter. [8246/16]
View answerPayment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work.
I am advised by the Social Welfare Appeals Office that an appeal by the person concerned was registered on 25 February 2016. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments of the Deciding Officer on the grounds of appeal be sought. In that context, an examination by another Medical Assessor will be carried out on 10 May 2016.
The person concerned has been notified of the arrangements for the examination.
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 on social welfare entitlements.
49. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if a partial rent supplement payment is available to a person (details supplied); and if she will make a statement on the matter. [8252/16]
View answerThe Department has not, received an application for Rent Supplement from the client concerned. The client should forward an application to be assessed for entitlement to Rent Supplement to the Mid-Leinster Rent Unit, PO Box 11758, Dublin 24.
50. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) under the invalidity pension scheme; and if she will make a statement on the matter. [8259/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 April 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.
51. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an overpayment to a person (details supplied) under the jobseeker's allowance scheme; and if she will make a statement on the matter. [8260/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 5 April 2016, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral 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.
52. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the reason for an overpayment to a person (details supplied) under the family income supplement scheme; if she will reinstate the payment as a matter of urgency; and if she will make a statement on the matter. [8261/16]
View answerThe legislation governing FIS indicates entitlement is based on average net weekly assessable earnings from employment plus any other income that the applicant may have, including other social welfare payments and maintenance.
However, in order to qualify for FIS the applicant must be engaged in full-time remunerative employment as an employee for at least 38 hours per fortnight (19 hours per week). In calculating net weekly assessable earnings, the legislation only allows a disregard of Employee PRSI, Tax and the Universal Social Charge from the taxable earnings. Following a Social Welfare Inspector report in December 2015, it emerged the customer was receiving €110.00 per week maintenance since July 2015 and her FIS claim was revised.
Thus, the customer incurred an overpayment and a letter was issued to them on 1 April 2016 confirming a debt owing to the Department. Subsequently, the customer was awarded FIS from 8 October 2015 to 5 October 2016 at a weekly rate of €20 on foot of this revised decision. If the working hours of the person in question have reduced below 38 hours per fortnight, they should inform the department immediately as they will no longer be entitled to a weekly FIS payment. If the hours of the person in question are reduced but still exceed the 38 hour threshold, the change in income will be taken into account when her FIS payment is being reviewed in October 2016.
53. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by persons (details supplied) regarding a decision on a pension; and if she will make a statement on the matter. [8266/16]
View answerThe Social Welfare Appeals Office has advised me that the appeals from the people concerned were referred to an Appeals Officer who has decided to hold an oral hearing in these cases on 25 April 2016. The people concerned have been notified of the arrangements for the 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.
54. Deputy Robert Troy asked the Tánaiste and Minister for Social Protection if she will expedite an appeal by a person (details supplied). [8274/16]
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.
55. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) under the invalidity pension scheme; and if she will make a statement on the matter. [8280/16]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP for the person concerned on 6 January 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on 5 May 2015 of this decision, the reasons for it and of her right of review and appeal.
Following the submission of additional evidence by the person in question, the case was reviewed by a deciding officer on a number of occasions but the decision to disallow IP was upheld each time. The person in question appealed the decision to the independent Social Welfare Appeals Office (SWAO). An appeals officer (AO), having taken all available information into account, upheld the department’s decision and disallowed the appeal. The person in question was notified of the decision of the AO on 15 March 2016. The decision of an AO is final and conclusive in the absence of additional relevant evidence not available at the time of the appeal.
56. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an appeal by a person (details supplied) under the illness benefit scheme; and if she will make a statement on the matter. [8281/16]
View answerPayment of illness benefit to the person concerned was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work.
I am advised by the Social Welfare Appeals Office that an appeal by the person concerned was registered on 2 March 2016. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments of the Deciding Officer on the grounds of appeal be sought. In that context, an assessment by another Medical Assessor will be carried out on 10 May 2016.
The person concerned has been notified of the arrangements for the examination.
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.
57. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application by a person (details supplied) under the illness benefit scheme; and if she will make a statement on the matter. [8282/16]
View answerIllness benefit is a payment for persons who are incapable of work and who satisfy certain pay related social insurance (PRSI) contributions. For claims made since 2009, illness benefit is payable for a maximum of 624 days (2 years).
The person concerned applied for and was awarded illness benefit from 16 Feb 2015 and has been in receipt of payment since then. This claim linked to a previous illness benefit claim.
The person concerned has exhausted 530 days entitlement up to 14 Apr 2016.
A recent medical review of this claim determined continued entitlement to illness benefit.
58. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the status of an application by a person (details supplied) under the rent supplement scheme; and if she will make a statement on the matter. [8283/16]
View answerThe Department has not received an application for Rent Supplement from the client concerned. The client should forward an application to be assessed for entitlement to the Mid-Leinster Rent Unit, PO Box 11758, Dublin 24.
