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Tuesday, 28 Jun 2016

Written Answers Nos. 260 - 279

Invalidity Pension Eligibility

Questions (260)

Bernard Durkan

Question:

260. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate eligibility for invalidity pension in the case of a person (details supplied); and if he will make a statement on the matter. [18062/16]

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Written answers

The person concerned is currently in receipt of a disability allowance payment from my Department.

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. Only PRSI classes A, E or H contributions are reckonable for IP purposes.

A claimant must be regarded as permanently incapable of work, which is defined as:

- incapacity for work of such a nature that the likelihood is that the claimant will be incapable of work for life

OR

- an incapacity which has existed for 12 months prior to the date of claim, and where the Deciding Officer or an Appeals Officer is satisfied that the claimant is likely to be unable to work for 1 year from the date of claim.

According to the Department’s records, it appears that the person concerned satisfies the PRSI contribution criteria for IP. However, entitlement to IP can only be definitively determined on receipt of a completed claim form. A claim form for IP issued to the person in question on 23 June 2016. On receipt of the completed form, a decision on her eligibility will be made and she will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (261)

John Lahart

Question:

261. Deputy John Lahart asked the Minister for Social Protection if a sum is taken into account for subsequent social protection allowances, if a person receives a €100,000 redundancy payment after in excess of 25 years of employment; if any interest received on the amount, subject to deposit interest retention tax is taken into account in terms of a person's social protection entitlements; and if he will make a statement on the matter. [18074/16]

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Written answers

In assessing means for social assistance payments, account is taken of the income and the value of capital (including redundancy payments) of the claimant and their spouse/partner.

For means assessment purposes, savings are assessed by reference to the following formula:

Capital – Assessment Formula

AMOUNT OF CAPITAL

WEEKLY MEANS ASSESSED

Up to €20,000

Nil

€20,000 - €30,000

€1 per each €1,000

€30,000 - €40,000

€2 per each €1,000

Over €40,000

€4 per each €1,000

In the case of state pension non-contributory and carer’s allowance claimants who are one of a couple, the amounts above are doubled. The initial capital disregard is €50,000 for claimants of disability allowance and €5,000 for claimants of supplementary welfare allowance.

It should be noted that no account is taken of interest or dividend payments received in the means assessment. The assessment formula reflects the fact that there is an expectation that persons with reasonable amounts of capital and property are in a position to use that capital or to realise the value of property to support themselves without having to rely solely on a means tested welfare payment.

Any changes to the current arrangements would have to be considered in an overall policy and Budgetary context.

State Pension (Contributory)

Questions (262)

Carol Nolan

Question:

262. Deputy Carol Nolan asked the Minister for Social Protection the reason a person (details supplied) has been means tested for a State pension (dontributory), despite the fact that the person concerned is a Magdalen laundry survivor and provision has been made to allow them to receive an amount equivalent to the State pension (contributory); and if he will make a statement on the matter. [18098/16]

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Written answers

The Magdalen Commission Scheme is administered by my Department on behalf of the Department of Justice and Equality. The scheme enables the women over the age of 66 who qualify to receive the equivalent of the maximum rate of State pension contributory for the remainder of their lives. The current maximum rate of State pension contributory is €233.30 per week. If a person is already receiving a payment from this Department, the rate of that payment is taken into account when assessing any entitlement to payment under the Magdalen Scheme.

The person in question is currently receiving both the State pension non-contributory and Carer’s Allowance and the cumulative amount of both these payments is in excess of the current maximum weekly rate of State pension contributory. As the person concerned is already in receipt of payments in excess of the current maximum weekly rate of State pension contributory of €233.30, entitlement to payment under the Magdalen Scheme does not arise in this case. In the event that the lady in question is no longer eligible for Carer’s Allowance at some future date, an appropriate adjustment will be made to her payment at that stage which will ensure that she continues to receive the maximum payment allowable under the Magdalen Commission Scheme.

I hope this clarifies the position for the Deputy.

Jobseeker's Allowance Payments

Questions (263)

James Lawless

Question:

263. Deputy James Lawless asked the Minister for Social Protection the status of an appeal by a person (details supplied) under the jobseeker's allowance; and if he will make a statement on the matter. [18115/16]

View answer

Written answers

A revised decision was made on the Jobseeker’s Allowance application based on new information provided by the person concerned. The full rate of payment relevant to the client’s age will be paid from the date of application. Any arrears due will issue with the first payment.

I hope this clarifies the matter for the Deputy.

Rent Supplement Scheme Data

Questions (264)

Ruth Coppinger

Question:

264. Deputy Ruth Coppinger asked the Minister for Social Protection the reason the numbers in receipt of rent supplement fell from 71,533 in January 2015 to 61,247 at the end of 2015 and 57,605 at the end of March 2016; and the numbers currently in receipt of rent supplement. [18120/16]

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Written answers

The rent supplement scheme plays a vital role in housing families and individuals, with the scheme currently supporting approximately 55,000 people for which the Government has provided approximately €267 million for 2016.

The numbers of rent supplement have been dropping at a pace since they reached a peak of over 97,000 in 2010. As the Deputy outlines, the numbers have continued to drop from 71,533 in January 2015 to 61,247 at the end of 2015.

There are many factors for the fall in rent supplement recipients including the improving economy and the fall in the Live Register. There are some 20,100 rent supplement recipients on the Live Register, representing circa 6.7% of the total May 2016 Live Register. The recent reduction in recipients can be mainly attributed to the significant change in rent supplement policy with the introduction of the Housing Assistance Payment (HAP). Under HAP, responsibility for the provision of rental assistance to those with a long-term housing need transfers to local authorities, under the auspices of the Department of Environment, Community and Local Government. HAP is currently operational in 19 of the 31 local authority areas with over 10,500 tenancies now in place. The Rental Accommodation Scheme (RAS), in operation since 2004, has also continued its operations in the transfer of rent supplement customers.

Officials in the Department of Social Protection are working closely with those in the lead Department of the Environment, Community and Local Government and the relevant local authorities, in supporting the further implementation of HAP with further local authorities expected to come on stream this autumn.

I hope this clarifies the matter for the Deputy.

Farm Assist Scheme Data

Questions (265)

James Browne

Question:

265. Deputy James Browne asked the Minister for Social Protection his plans to simplify the farm assist scheme and in particular to remove the requirement for audited accounts; his further plans to restore income and child disregards to the farm assist scheme; and if he will make a statement on the matter. [18123/16]

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Written answers

The farm assist scheme provides support for farmers on low incomes and is similar to jobseeker’s allowance. Farm assist recipients retain the advantages of the jobseeker’s allowance scheme such as the retention of secondary benefits and access to activation programmes. The 2016 Revised Estimates for my Department provide for expenditure of €85 million on the farm assist scheme.

Changes introduced in Budgets 2012 and 2013 brought farm assist into closer alignment with the jobseeker’s allowance scheme’s treatment of self-employed people. Farm families with the lowest income were least impacted by these changes as the headline rates of farm assist were maintained.

To qualify for payment under the farm assist scheme, a person must satisfy a means test. Where necessary and possible, details of receipts and expenditure will be verified by a Social Welfare Inspector. In these circumstances, the onus is on the applicant to provide the required documentation

It is important to emphasise that while details of income and expenditure from the previous year are basic to the assessment, the assessment itself is not a book-keeping exercise based on one particular year. Financial information such as the most recently available accounts of the farm are, of course, relevant to an assessment of means. However, while such accounts may be informative they are not an absolute requirement. As such the farm assist means test is designed to be flexible so as to allow for significant income fluctuations from one year to the next.

The Programme for Government contains the commitment to undertake a "Review of the Farm Assist Scheme, recognising the challenges facing farmers on low incomes". I have asked my officials to review the farm assist scheme from a policy and an administrative point of view.

Any changes to the scheme will have to be considered in a budgetary context.

Social Welfare Overpayments

Questions (266, 267)

Michael Ring

Question:

266. Deputy Michael Ring asked the Minister for Social Protection if he will clarify his response to Parliamentary Question No. 449 of 17 May 2016 (details supplied). [18127/16]

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Michael Ring

Question:

267. Deputy Michael Ring asked the Minister for Social Protection if the decision to recoup invalidity pension for the period May 1991 to March 1996 in the case of a person (details supplied) could be reviewed in light of fresh facts and evidence; and if he will make a statement on the matter. [18128/16]

View answer

Written answers

I propose to take Questions Nos. 266 and 267 together.

The overpayment occurred as the person in question was engaged in self-employment during the period 09 May 1991 to the 13 March 1996 while in receipt of invalidity pension (IP). The person in question appealed the overpayment to the independent 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 10th June 1997. The decision of an AO is final and conclusive in the absence of fresh facts or evidence not available at the time of the appeal. The new facts and evidence submitted as supporting documentation shall be forwarded to the independent SWAO for consideration.

I hope this clarifies the matter for the Deputy.

Defined Benefit Pension Schemes

Questions (268)

Thomas Byrne

Question:

268. Deputy Thomas Byrne asked the Minister for Social Protection the number of defined benefit pension schemes in deficit. [18149/16]

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Written answers

According to information published by the Pensions Authority in May 2016 based on data submitted during 2014 and 2015 to the Pensions Authority under the Annual Actuarial Data Return, of a total of 666 defined benefit schemes 203 schemes were in deficit while some 463 schemes satisfied the requirements of the funding standard as set out in the Pensions Act.

The majority of these schemes in deficit have put in place funding proposals to bring them back into a funded position. The overall deficit in defined benefit pension schemes is estimated at €3.7bn. It is estimated that there are currently some €60.4 billion of assets in defined benefit pension schemes.

I hope this clarifies the matter for the Deputy.

Civil Registration Documentation

Questions (269)

Catherine Murphy

Question:

269. Deputy Catherine Murphy asked the Minister for Social Protection the role a registrar plays in the removal of presumption of paternity and in respect of legally recognising a marriage nullity for the purposes of recognising a divorced person as a single person; the procedures a person must follow where a certificate of divorce is held from another country where a couple might present to register the birth of a new baby or apply for a marriage certificate to another other than the originally married couple; and if he will make a statement on the matter. [18161/16]

View answer

Written answers

The Status of Children Act 1987 provides that where a married woman gives birth to a child her spouse is presumed to be the father of the child.

Where the spouse is not the father of the child, Section 22 of the Civil Registration Act 2004 provides that the presumption may be rebutted by either:

1. a statutory declaration of the person to whom the mother was married that he is not the father of the child, or

2. a statutory declaration by the mother that she has been living apart from her spouse during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation.

The relevant documents should be presented to the registrar for examination at the time of registration of the birth.

Where a couple wish to marry each other and one or both has been granted a divorce in another jurisdiction, all relevant papers (including marriage certificates and court orders) should be submitted to the registrar when the couple attend to give notification of intent to marry. A foreign divorce may be recognised and the Registrar General's Office will examine the foreign divorce for recognition under Irish law. Ultimately, the recognition of foreign divorces is a matter for the courts. Recognition of EU divorces granted prior to 1 March 2001 and all other foreign divorces is governed by the Domicile & Recognition of Foreign Divorces Act 1986.

Persons who have been granted a divorce in another jurisdiction are advised to seek an appointment with the registrar well in advance of their intended date of marriage to allow sufficient time for all papers to be processed.

Family Income Supplement Data

Questions (270)

Bríd Smith

Question:

270. Deputy Bríd Smith asked the Minister for Social Protection the details of legislation which changed family income supplement, FIS, to be means tested for rent allowance by local authorities and social housing bodies (details supplied). [18166/16]

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Written answers

The Department of Social Protection’s rent supplement scheme plays a vital role in housing families and individuals, with the scheme supporting approximately 55,000 people for which the Government has provided approximately €267 million for 2016.

Rent supplement is subject to a means test that is normally calculated to ensure that a person, after the payment of their rent, has an income equal to the rate of supplementary welfare allowance (SWA) that is appropriate to their family circumstances, less a minimum contribution that recipients are required to pay from their own resources. The weekly minimum contribution is €30 for a single adult household and €40 for coupled households. Many recipients pay more than this amount because recipients are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs.

The rent supplement assessment provides for a gradual withdrawal of payment as hours of employment or earnings increase. Income from employment and family income supplement (FIS) in excess of the standard SWA weekly rate of payment attract an additional income disregard and are assessed as follows; the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes.

The legislative basis for the assessment of FIS as assessable income for rent supplement purposes was provided by way of Regulation under Article 4(b) of Statutory Instrument 267 of 2007.

Policy regarding the differential rents scheme operated by local authorities is a matter for my colleague, the Minister for the Department of the Environment, Community and Local Government.

I hope this clarifies the matter for the Deputy.

Community Employment Schemes Data

Questions (271)

Mary Butler

Question:

271. Deputy Mary Butler asked the Minister for Social Protection if he is aware that funding is being withdrawn from community employment schemes for supervisors reaching 66 years of age and thereby forcing supervisors into retirement when there is no legal retirement age here; and if he will make a statement on the matter. [18178/16]

View answer

Written answers

Community Employment (CE) is a non-statutory scheme put in place to support persons who are long-term unemployed and other vulnerable groups to gain the confidence and skills to re-enter the labour market. Schemes are sponsored by local community and voluntary groups who provide valuable support services to local communities. These sponsoring organisations employ supervisory staff to administer the scheme.

Funding is provided by the Department to the sponsoring organisations for the employment of staff up to state pension age. Once the staff member reaches state pension age (currently 66 years of age), that person can no longer be funded under CE. This is a long-established procedure which sponsoring organisations have signed up to as part of their contractual arrangement with the Department and it is applied equally across all schemes participating on CE. I currently have no plans to change these arrangements.

Community Employment Schemes Funding

Questions (272)

Mary Butler

Question:

272. Deputy Mary Butler asked the Minister for Social Protection if he is aware that currently the financial viability of a large number of community employment schemes is at stake and may face closure due to the massive increases both in insurance premiums and accounting fees imposed on community and voluntary sponsors; if he will consider increasing the material grant per participant to the 2011 rate of €20 per week per participant; and if he will make a statement on the matter. [18183/16]

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Written answers

Each community employment (CE) scheme has an individually set weekly materials rate per participant based on a detailed appraisal of their actual annual expenditure levels in previous years. All expenditure must be accounted for and vouched by way of receipts. It is the responsibility of the scheme to ensure that they have obtained the best price, including for the scheme’s audit and insurance services and that they have achieved value for money.

The Department has become aware in recent times of an increase in insurance premiums for CE schemes. The main reasons cited for this is an increase in claims frequency over recent years by such schemes. In the first instance, the Department recommends that schemes seek alternative quotes to ensure they get value for money. In this context, schemes are asked to be especially mindful of their obligations under the Safety, Health and Welfare at Work Act 2005.

Insurance premium costs are reimbursed from the CE materials budget for the scheme. While the Department is not in a position to allocate additional monies to the materials budget in 2016, if there is a scheme experiencing particular difficulties, the sponsor should contact their local DSP office and the matter will be reviewed on a case-by-case basis.

I hope this clarifies the matter for the Deputy.

JobPath Implementation

Questions (273, 274, 275, 276, 277, 278, 279)

John Brady

Question:

273. Deputy John Brady asked the Minister for Social Protection the number of persons who have been selected for JobPath since its inception. [18189/16]

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John Brady

Question:

274. Deputy John Brady asked the Minister for Social Protection the number of persons who have been referred to Turas Nua through JobPath, by county, in tabular form. [18190/16]

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John Brady

Question:

275. Deputy John Brady asked the Minister for Social Protection the number of persons who have been referred to Seetec through JobPath, by county, in tabular form. [18191/16]

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John Brady

Question:

276. Deputy John Brady asked the Minister for Social Protection the number of persons who have obtained employment through Turas Nua, by county, in tabular form. [18192/16]

View answer

John Brady

Question:

277. Deputy John Brady asked the Minister for Social Protection the number of persons who have obtained employment through Seetec, by county, in tabular form. [18193/16]

View answer

John Brady

Question:

278. Deputy John Brady asked the Minister for Social Protection the amount paid to Turas Nua since it was selected to deliver JobPath. [18194/16]

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John Brady

Question:

279. Deputy John Brady asked the Minister for Social Protection the amount paid to Seetec since it was selected to deliver JobPath. [18195/16]

View answer

Written answers

I propose to take Questions Nos. 273 to 279, inclusive, together.

As the Deputy will be aware JobPath is a new approach to employment activation designed to support long-term unemployed people and those most at risk of becoming long-term unemployed to secure and sustain paid employment. Two companies, Turas Nua and Seetec, have been contracted by the Department to deliver the JobPath service.

The table provides a breakdown of referrals by company and by county:

Contractor Name

County

Total

Seetec

Cavan

1006

Donegal

1652

Dublin

5546

Galway

2140

Kildare

100

Leitrim

248

Longford

1194

Louth

1808

Mayo

1074

Meath

648

Monaghan

344

Offaly

254

Roscommon

62

Sligo

448

Westmeath

1116

Seetec Total

17640

Turas Nua

Carlow

1021

Clare

1087

Cork

3865

Galway

51

Kerry

1467

Kildare

1916

Kilkenny

692

Laois

380

Limerick

2513

Offaly

886

Tipperary

1154

Waterford

1960

Wexford

1923

Wicklow

1316

Turas Nua Total

20231

Grand Total

37871

Note: both companies deliver JobPath services in different parts of Galway, Offaly & Kildare.

Clients receive support for 52 weeks but this period may continue for up to 130 weeks e.g. where a person engages in further education/training (for up to 26 weeks) and receives “in work” support (for up to 52 weeks). The rollout of JobPath commenced in July 2015 on a “soft-launch” basis. To date no one has completed their engagement with the JobPath service. Detailed analyses of JobPath data will be published later this year. As indicated in “Pathways to Work 2016 – 2020” the Department intends to publish performance statistics of contracted providers including JobPath from Q3 2016.

JobPath is a payment by results model and all initial costs are borne by the companies. JobPath is so structured that the companies will not be able to fully recover their costs until they place sufficient numbers of jobseekers into sustainable jobs. It is not intended to publish the individual payments to the JobPath companies as these are commercially sensitive and to do so would place the State at a disadvantage both in terms of the contracts now in place and any future procurement that may be undertaken.

I hope this clarifies the matter for the Deputy.

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