Written Answers Nos. 438-460
438. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for carer's allowance by a person (details supplied); and if he will make a statement on the matter. [12715/16]
View answerA deciding officer (DO) decided that the person concerned did not satisfy the conditions for carer’s allowance and was not entitled to receive that payment for the period 17 March 2011 to 28 May 2014. An overpayment was assessed and the person concerned was notified on 19 October 2015.
The person concerned appealed this decision and the case was submitted to the Social Welfare Appeals office for determination. An appeals officer, having fully considered all of the available evidence has allowed the appeal, the revised decision of the DO has been quashed and the debt has been cancelled. The person concerned was notified on the 21 April 2016 of the appeal outcome.
I hope this clarifies the matter for the Deputy.
439. Deputy James Lawless asked the Minister for Social Protection to review the policy which excludes Irish citizens from building up A Class contributions while working in the European Patent Office despite other Irish citizens in other European institutions being able to do so; to extend this allowance to the European Patent Office; and if he will make a statement on the matter. [12721/16]
View answerThe issues raised by the Deputy relate to a ruling of the Court of Justice of the European Union in the Gardella case (Case C-233/12). This is a complicated ruling and its implications are being considered by the various Member States.
In essence, the Court of Justice of the European Union ruled that periods of employment with an international organisation established in the territory of another Member State must be taken into account, in certain circumstances, by Member States when calculating entitlement to social security old age pensions.
The implications of this ruling for the operation of the Irish contributory social welfare pension system are currently being examined by the Department of Social Protection and I will contact the Deputy on the matter as soon as this examination has been completed.
440. Deputy David Cullinane asked the Minister for Social Protection the steps he will take to implement a recommendation (details supplied) that the former 74 Waterford Crystal workers who were deemed to be on contracts of service and who are subject to an appeal are paid on the basis outlined; and if he will make a statement on the matter. [12723/16]
View answerThe terms of the mediated agreement provided for the payment of a lump sum of €1,200 per year of scheme service to a maximum of 40 years, once the service in question was pensionable. Scheme service is defined as years and months of full or equivalent and permanent company service, completed by the former employee at the date of the windup of the Scheme, for the purpose of determining expected pension in retirement, to a maximum of 40 years. It includes periods of service purchased for backdated pension purposes.
While contract service was not pensionable, under the rules of the schemes, former contract workers who became permanent employees and members of the pension schemes were allowed to purchase periods of service. This purchased service is included in calculations for both the lump sum and pension. The Department has obtained legal advice, which confirms that unpurchased service at the date of winding up of the Waterford Crystal Pension Fund cannot form part of the liabilities of the pension scheme for the purposes of section 48B of the Pensions Act.
I hope this clarifies the matter for the Deputy.
441. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied) under the disability allowance scheme; and if he will make a statement on the matter. [12728/16]
View answerI confirm that the department is in receipt of an application for disability allowance from the above named person on 14 March 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
442. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for carer's allowance by a person (details supplied); and if he will make a statement on the matter. [12752/16]
View answerI confirm that the department received an application for carer’s allowance (CA) from the person concerned on 24 February 2016. Unfortunately, there are currently delays in the processing of new applications. Additional resources have been provided to the CA section in order to improve the waiting times for new applications and they are working hard to make this happen.
Frequently, delays are outside the control of the Department and are caused by the customer failing to fully complete the claim form or failing to attach the supporting documentation that is requested on the application form.
This application will be processed as quickly as possible and the person concerned will be notified directly of the outcome.
In the meantime, if the means of the person concerned are insufficient to meet her needs she should apply for a means-tested supplementary welfare allowance from her local community welfare service.
I hope this clarifies the matter for the Deputy.
444. Deputy Frank O'Rourke asked the Minister for Social Protection to review the duration of the Tús schemes, which are currently 12 months, and extend them up to 18 to 24 months, to give consistency and continuity for the community groups and the persons placed on these schemes; and if he will make a statement on the matter. [12789/16]
View answerTús provides short-term work opportunities for those who are unemployed for more than a year. It is designed to break the cycle of unemployment and maintain work readiness thereby improving a person’s chances of returning to the labour market. The existing 12-month period of placement on Tús ensures that as many long-term unemployed people as possible are able to benefit from the initiative and I have no plans to change that.
Over the coming months, my Department will be examining all work programmes, including Tús, to ensure that the number and nature of these programmes continues to be appropriate given the ongoing welcome reduction in the numbers on the live register.
445. Deputy Micheál Martin asked the Minister for Social Protection if he is aware that 50 staff members with long service in the Central Remedial Clinic have been informed that their pension plan liabilities has exceeded its assets, and management have decided unilaterally to wind up the scheme which will result in undue hardship to these staff with long service who have made contributions to the scheme for many decades; and if he will make a statement on the matter. [12799/16]
View answerThis is a matter for my colleague in Department of Health. The Department of Health and the Minister will issue a detailed reply to your query in due course.
446. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for a partial capacity grant by a person (details supplied); and if he will make a statement on the matter. [12813/16]
View answerPartial Capacity Benefit (PCB) is a social welfare scheme which allows a person return to employment if they have a reduced capacity for work and to continue to receive a payment from my department. A person who applies for PCB will, in the first instance, be assessed by a Medical Assessor who assesses the degree of partial capacity.
An application for PCB has been received from the person concerned and the case is currently with a Medical Assessor to assess the degree of partial capacity. Once the assessment is received the matter will be considered further, a decision will be made and the person concerned will be notified.
I hope this clarifies the matter for the Deputy.
447. Deputy Michael Healy-Rae asked the Minister for Social Protection the position with regard to a person (details supplied) who has applied for carer's allowance; and if he will make a statement on the matter. [12820/16]
View answerI confirm that my department received an application for carer’s allowance (CA) from the person concerned on 27 April 2016 in respect of two care recipients. Unfortunately, there are currently delays in the processing of new applications. Additional resources have been provided to the CA section in order to improve the waiting times for new applications and they are working hard to make this happen.
Frequently, delays are outside the control of the Department and are caused by the customer failing to fully complete the claim form or failing to attach the supporting documentation that is requested on the application form.
This application will be processed as quickly as possible and the person concerned will be notified directly of the outcome. In the meantime, the person concerned is in receipt of a weekly social welfare support.
I hope this clarifies the matter for the Deputy.
448. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12824/16]
View answerI confirm that an application from the person concerned for disability allowance (DA) was received by my Department on 21 October 2015. This application for DA, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 14 January 2016.
The person in question requested a review of the decision by a deciding officer (DO) and submitted additional evidence for consideration. The application has been referred by the DO to a local Social Welfare Inspector (SWI) for a report on the person’s means and other relevant circumstances. Following an interview by the SWI, the person in question was requested by the SWI to provide some documentary evidence required in order to complete the report.
Once the SWI has completed and 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.
449. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application under the disability allowance scheme by a person (details supplied); and if he will make a statement on the matter. [12825/16]
View answerThe person in question was disallowed disability allowance (DA) on the grounds that he was not medically suitable for the scheme. He appealed that decision to the social welfare appeals office (SWAO).
My department was notified by the SWAO on the 17 May 2016 that the appeal for the person in question has been successful.
A deciding officer will now implement the appeals officer’s decision and the person concerned will be notified in writing of the details as soon as possible.
I trust this clarifies the matter for the deputy.
450. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12827/16]
View answerI can confirm that my department is in receipt of an application for disability allowance from the above named person.
On 19 May 2016 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on her eligibility. On receipt of this information a decision will be made and the person concerned will be notified of the outcome.
451. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for carer's allowance by a person (details supplied); and if he will make a statement on the matter. [12828/16]
View answerI confirm that the department received an application for Carer’s Allowance (CA) from the person concerned on 04 December 2015. It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 05 April 2016 of this decision, the reason for it and of her right of review and appeal. The person concerned has appealed this decision to the independent Social Welfare Appeals Office (SWAO) and has submitted additional information which now will be reviewed by a deciding officer. If the decision remains unchanged following this review a submission will be prepared and the file and papers will be forwarded to the Social Welfare Appeals Office for determination.
I hope this clarifies the matter for the Deputy.
452. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12830/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 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.
I hope this clarifies the matter for the Deputy.
453. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for carer's allowance by a person (details supplied); and if he will make a statement on the matter. [12831/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 25 May 2016, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
I hope this clarifies the matter for the Deputy.
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.
454. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12832/16]
View answerThe person concerned has been awarded disability allowance with effect from 17 February 2016. The first payment will be made by her chosen payment method on 22 June 2016.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).
455. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12833/16]
View answerI confirm that an application from the person concerned for disability allowance (DA) was received by the Department on 24 February 2016. The person in question has been awarded invalidity pension (IP) which is more beneficial to him than DA. Accordingly, he has withdrawn his application for DA.
I hope this clarifies the matter for the Deputy.
456. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a disability allowance application by a person (details supplied); and if he will make a statement on the matter. [12834/16]
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.
457. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a disability allowance application by a person (details supplied); and if he will make a statement on the matter. [12835/16]
View answerI confirm that the department is in receipt of an application for disability allowance from the above named person on 25 April 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
458. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a disability allowance application by a person (details supplied); and if he will make a statement on the matter. [12836/16]
View answerI confirm that my department is in receipt of an application for disability allowance from the above named person on 20 April 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
459. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12838/16]
View answerI confirm that my department is in receipt of an application for disability allowance from the above named person on 13 April 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
460. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [12841/16]
View answerI confirm that an application from the person concerned for disability allowance was received by the Department on 21 January 2016. The application, based upon the evidence submitted, was refused on two grounds; that the person is not habitually resident in the State and that he has failed to demonstrate that he satisfies the means test for the scheme. The person in question was notified in writing of this decision on 27 May 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.
I hope this clarifies the matter for the Deputy.
