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Thursday, 30 Jun 2016

Written Answers Nos. 119-30

Departmental Legal Costs

Questions (119)

Pearse Doherty

Question:

119. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the costs to the State to date and the likely final costs of a court case (details supplied); and if he will make a statement on the matter. [18974/16]

View answer

Written answers

As the Deputy will be aware, the settlement in this High Court case has only recently been agreed between the two parties. Accordingly, the legal fees have not yet been agreed and settled by the Chief State’s Solicitors Office (CSSO).

Once the fees have been agreed and settled by the CSSO, I will bring this information to the attention of the Deputy.

Graduate Support Schemes

Questions (120)

Mattie McGrath

Question:

120. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government to address concerns related to the local authority graduate programme (details supplied); and if he will make a statement on the matter. [19003/16]

View answer

Written answers

Launched in 2015, the Local Authority Graduate Programme is designed to provide recently qualified graduates with the opportunity to acquire significant experience through working in a local authority and to benefit local authorities with the knowledge they have acquired in the course of their studies.

The selection process for the 2015 Programme was by competition, open to candidates from outside the local authority sector and those already working within the sector. Of the 119 graduates recruited, a total of 23 were existing local authority employees. At the end of the Programme existing employees of the local authority will return to their substantive role whilst those who have been recruited externally will be released. There is no provision for individuals on the Programme to extend the period of the Programme beyond the two-year period.

The Programme is developmental by nature, featuring a blend of both on–the-job and academic elements. The duration of the Programme has been designed to allow participants gain significant work experience while at the same time ensuring local authorities receive the benefit of the latest academic teaching within the areas for which the graduates are recruited. Additionally graduates are provided with accredited training in year two of their development programme with the professional body most relevant to the skills area in which they were recruited. Programme participants are paid €28,344 annually for the duration of the Programme.

Of the 119 graduates that commenced the development programme, in May 2015, a total of 23 graduates have obtained full-time employment elsewhere.

UK Referendum on EU Membership

Questions (121)

Barry Cowen

Question:

121. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has undertaken any contingency planning for the effects of the United Kingdom leaving the European Union; and the areas in which this contingency planning has been undertaken and the key proposals he has. [19027/16]

View answer

Written answers

The outcome of the recent United Kingdom EU referendum clearly has very significant implications for Ireland, as well as for Britain and for the European Union.

However, as the United Kingdom has not yet formally withdrawn from the Union, it currently remains a full EU Member, with all of its existing rights and obligations. Contingency planning in that context is challenging because many of the impacts on Ireland depend on the new arrangements that can be agreed between the United Kingdom and the EU.

In the meantime, the Government has adopted an initial Contingency Framework to map out the key issues that will be most important to Ireland in the coming weeks and months. This will be an iterative process as issues emerge and recede in the course of negotiations.

Priority issues identified in the Contingency Framework have varying levels of impact on the work of different Government Departments. In terms of the remit of my own Department, a key issue will be to seek to ensure that future EU-UK and Ireland-UK negotiations give priority attention to the Northern Ireland dimension. This includes issues relating to the border and EU funding.

While the Contingency Framework is being coordinated by the Department of the Taoiseach, a senior official in every Government Department, including my own, has already been identified to manage how key policy issues arising from the referendum vote in the UK to leave the EU will be addressed. This will ensure that the Government and its constituent Departments will be able to minimise potential operational risks likely to arise during the exit negotiations.

Agriculture Schemes

Questions (122)

Peter Burke

Question:

122. Deputy Peter Burke asked the Minister for Social Protection when the review of the farm assist and rural social scheme will commence as pledged in the programme for Government; if the income and child disregards will be re-instated considering the current volatility and crisis in farm incomes; and if he will make a statement on the matter. [18940/16]

View answer

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.

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. This review has commenced and its recommendations may be considered in the context of Budget 2017, subject to the overall budgetary context.

The purpose of the rural social scheme (RSS) is to provide income support aimed at low-income farmers and fishermen in receipt of certain social welfare payments who are underemployed in their primary occupation. Persons are engaged for 19.5 hours per week to provide certain services of benefit to rural communities. The scheme currently provides work opportunities for around 2,600 participants and 130 supervisory staff. The funds allocated for the scheme in 2016 amount to €44.3 million. This level of funding does not allow for recruitment above the numbers stated above.

With the ongoing welcome economic recovery, the eligibility criteria for the Rural Social Scheme will be kept under review to ensure that it remains fit for purpose and to ensure that the numbers on the scheme continue to be appropriate.

Carer's Allowance Appeals

Questions (123)

Bernard Durkan

Question:

123. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he expects to be in a position to expedite the process of appeals with particular reference to those pending in respect of carer's allowance; and if he will make a statement on the matter. [18878/16]

View answer

Written answers

The average appeal processing time for appeals determined by summary decision and following an oral hearing in 2015 and to date in 2016 broken down by all social welfare scheme types is as outlined in the following tables.

The unprecedented increase in appeal receipts since 2009 placed considerable pressure on the appeals office and impacted adversely on processing times. The overall number of appeals received increased from an average of 15,000 per year up to 2009, to a peak of 35,500 in 2012, reducing annually thereafter to just below 25,000 in 2015.

Significant effort and resources have been devoted to reforming the appeals process in recent years:

- Additional appeals officers were appointed to the office

- An overhaul of the operating model was undertaken

- New technology to support appeals officers was introduced

- Work was undertaken with the Department to reduce delays in responding to requests from the appeals office for appeal submissions.

This resulted in a marked improvement in overall appeal processing times. The average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 25.5 weeks in 2015 and the average time taken to finalise an appeal decided by way of a summary decision dropped from 25.1 weeks in 2011 to 18.1 weeks in 2015. This downward trend in overall appeal processing times has continued to date in 2016 to 23.9 weeks for an oral hearing and 17.2 weeks for a summary decision.

This overall improvement is also reflected in processing times for carer’s allowance appeals. The average time taken to determine a carer's allowance appeal requiring an oral hearing has reduced from 57.9 weeks in 2011 to 25.5 weeks in 2015 and to 22.4 weeks to date in 2016. The average time taken to finalise a carer’s allowance appeal decided by way of a summary decision dropped from 31.3 weeks in 2011 to 20.6 weeks in 2015 and to 18.2 weeks to date in 2016.

The quasi-judicial nature of the appeals system means that there are inevitable time-lags involved. The system is designed to be flexible and fair and allows for review and submission of further information up to and including the oral hearing. The time taken is proportionate to the complexity of many of the issues under appeal, which require a high level of judgement and often involve complex legal questions. A number of elements within the process are time-consuming including the need to ensure due process, natural justice and compliance with the statutory obligation to obtain the Department’s appeal submission. If an oral hearing is requested by the appellant or is required to resolve conflicts, the processing time is prolonged

The Chief Appeals Officer assures me that appeals processing times are continuously monitored and that, although significant progress has been made in reducing appeal processing times in recent years, continued improvement in this area remains a priority.

I hope this clarifies the matter for the Deputy.

Appeal processing times by scheme 01/01/2015 – 31/12/2015

Average processing times (weeks)

Summary Decisions

Average processing times (weeks)

Oral Hearings

Blind Pension

21.1

30.7

Carers Allowance

20.6

25.9

Carers Benefit

19.7

21.8

Child Benefit

24.8

34.7

Disability Allowance

15.8

21.4

Illness Benefit

26.3

33.1

Partial Capacity Benefit

25.7

43.4

Domiciliary Care Allowance

21.7

28.7

Deserted Wives Benefit

19.7

26.2

Deserted Wives Allowance

-

16.2

Farm Assist

21.0

28.6

Bereavement Grant

65.7

26.0

Death Benefit (Pension)

-

22.6

Family Income Supplement

19.4

27.7

Invalidity Pension

26.2

28.4

Liable Relatives

22.8

31.2

Maternity Benefit

22.6

17.5

One Parent Family Payment

22.9

33.9

State Pension (Contributory)

26.0

46.0

State Pension (Non-Contributory)

20.4

30.8

State Pension (Transition)

80.1

53.4

Occupational Injury Benefit

20.3

35.0

Disablement Pension

23.7

35.3

Incapacity Supplement

41.2

51.5

Guardian's Payment (Con)

18.2

27.5

Guardian's Payment (Non-Con)

18.7

31.0

Jobseeker's Allowance (Means)

15.8

26.0

Jobseeker's Allowance

15.2

21.9

JA/JB Fraud Control

-

46.1

BTW Family Dividend

14.1

-

Jobseeker's Transitional

12.9

21.3

Recoverable Benefits & Assistance

21.0

30.3

Jobseeker's Benefit

14.3

21.2

Pre-Retirement Allowance

15.0

-

Treatment Benefit

17.9

-

Respite Care Grant

21.2

23.6

Insurability of Employment

47.6

69.4

Supplementary Welfare Allowance

13.1

23.5

Survivor's Pension (Con)

24.1

46.6

Survivor's Pension (Non-con)

23.7

38.3

Widows Parent Grant

18.4

-

All Appeals

18.1

25.5

Appeal processing times by scheme 01/01/2016 – 31/05/2016

Average processing times (weeks)

Summary Decisions

Average processing times (weeks)

Oral Hearings

Blind Pension

19.7

29.9

Carers Allowance

18.2

22.4

Carers Benefit

17.2

23.4

Child Benefit

22.7

55.6

Disability Allowance

15.2

20.5

Illness Benefit

30.0

31.9

Partial Capacity Benefit

29.0

29.4

Domiciliary Care Allowance

23.5

29.0

Deserted Wives Benefit

-

40.5

Farm Assist

16.3

23.7

Bereavement Grant

14.7

-

Liable Relatives

7.9

-

Family Income Supplement

16.3

26.0

Invalidity Pension

28.4

32.1

Maternity Benefit

17.5

28.1

One Parent Family Payment

21.3

25.9

State Pension (Contributory)

27.8

37.5

State Pension (Non-Contributory)

21.4

32.8

State Pension (Transition)

67.7

40.5

Occupational Injury Benefit

22.4

17.1

Disablement Pension

19.6

26.5

Incapacity Supplement

-

55.6

Guardian's Payment (Con)

16.9

24.9

Guardian's Payment (Non-Con)

20.2

29.2

Jobseeker's Allowance (Means)

14.1

25.6

Jobseeker's Allowance

14.3

19.2

BTW Family Dividend

21.3

-

Jobseeker's Transitional

19.6

12.7

Recoverable Benefits & Assistance

33.6

41.7

Jobseeker's Benefit

13.7

17.5

Treatment Benefit

22.2

-

Respite Care Grant

16.3

21.8

Insurability of Employment

35.2

97.1

Supplementary Welfare Allowance

16.0

26.3

Survivor's Pension (Con)

15.4

25.3

Survivor's Pension (Non-con)

18.9

31.5

Widows Parent Grant

21.4

-

All Appeals

17.2

23.9

State Pension (Contributory)

Questions (124)

Bernard Durkan

Question:

124. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he expects to be in a position to review entitlements of the spouses of self-employed who may have worked in a partnership in the course of their lifetime but who find themselves unable to qualify for State pension (contributory) on the grounds that a partnership did not exist; if he will examine the number of applications in this category that were refused in the past six years; and if he will make a statement on the matter. [18879/16]

View answer

Written answers

The common practice is that a person will apply to Scope section in the Department of Social Protection for a determination concerning their PRSI status in advance of applying for a State pension. Scope section will determine if a person genuinely worked in a partnership and is able to demonstrate that that was the case. Where retrospective commercial partnership status is approved, persons are in a position to apply for a State pension (contributory), subject to satisfying the qualification criteria.

If a person is not satisfied with the decision of the deciding officer in Scope section the person may appeal the decision to the Social Welfare Appeals Office.

It is not possible to provide statistics on the number of applications for the State pension (contributory) where eligibility was determined on the basis of a partnership between spouses. However, the number of applications for recognition of a commercial partnership in the last six years (2011-2016) is set out in the following table.

This shows that the vast majority of applicants had their legal status as a commercial partnership confirmed. Over the six years, only 70 people had their claim for commercial partnership status rejected, an average of less than 12 per year.

I am satisfied that the system in place, including the appeals mechanism, provides a thorough and fair review process.

I hope this clarifies the matter for the Deputy.

Year Received

Partnership

Status Approved

Partnership

Status Rejected

2011

213

14

2012

158

17

2013

197

11

2014

150

9

2015

135

14

2016 (Jan-May)

50

5

State Pension (Contributory)

Questions (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he proposes to examine or review the basis for qualification for State pension (contributory) in the case of women who resigned from the workplace to raise their families or who were victims of the marriage ban; and if he will make a statement on the matter. [18880/16]

View answer

Written answers

The State pension (contributory) SPC is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives. To ensure that the individual can maximise their entitlement to a State pension, all contributions paid or credited over their working life from when they first enter insurable employment until pension age are taken into account when assessing their entitlement and the level of that entitlement. Since 1961, when contributory pensions were introduced, the average contributions test has been used in calculating pension entitlement. Once over 16 years of age, the date a person enters into insurable employment is the date used for averaging purposes. In this context, even if someone has only 10 years (520 weeks) of paid reckonable contributions between their sixteenth and sixty-sixth birthdays, they may qualify for a State pension (contributory), although the rate payable would vary depending on their circumstances.

The home-makers scheme makes qualification for a higher rate of State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme, which was introduced in and took effect from 1994, allows up to 20 years spent caring for children under 12 years of age (or caring for incapacitated people over that age) to be disregarded when a person’s social insurance record is being averaged for pension purposes, subject to the standard qualifying conditions for State pension contributory also being satisfied. This has the effect of increasing the yearly average of the pensioner, which is used to set the rate of their pension.

The Deputy should also note that the ‘marriage bar’ describes a rule that existed in most of the public service and some private sector employments, where women were required to leave their employment upon marriage. This practice was abolished in 1973 when Ireland joined the EEC. As employees in the public service generally paid a reduced rate of PRSI, which provided no cover for the State pension (contributory), the marriage bar would not generally have impacted on State pension entitlement, as they would not have qualified for that payment had they remained in public sector employment. Instead, by impacting upon their continuing public service employment, the marriage bar’s pension implications, where they exist, more generally relate to a person’s eventual entitlement to a Public Service pension. Questions on this are a matter for the Minister for Public Expenditure and Reform.

Where people who were unattached to the labour market during most of their adult lives may not qualify for a contributory pension in their own right as they have paid few or no contributions, or cannot qualify for a full rate as a result of an intermittent PRSI record, the social protection system provides alternative methods of supporting such pensioners in old age. Therefore, if their spouse has a contributory pension, they may qualify for an Increase for a Qualified Adult amounting up to 90% of a full rate pension, which by default is paid directly to them. Alternatively, they may qualify for a means-tested State Pension (non-contributory), amounting up to 95% of the maximum contributory pension rate.

Work is underway to replace the ‘yearly average’ system with a ‘total contributions approach’, under which, the number of contributions recorded over a working life will be more closely reflected in the rate of pension payment received. It is expected that the total contributions approach to pension qualification will replace the current average contributions test for State pension (contributory) for new pensioners from 2020, although that date is subject to change, as this is a very significant reform with considerable legal, administrative, and technical components to be put in place prior its implementation. The position of women who were home-makers will be considered very carefully in developing this reform.

I hope this clarifies the matter for the Deputy.

Jobseeker's Allowance Data

Questions (126)

Bernard Durkan

Question:

126. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the number of persons in receipt of jobseeker's allowance has fluctuated in the course of the past six years; and if he will make a statement on the matter. [18881/16]

View answer

Written answers

The information requested by the Deputy is detailed in the following tabular statement. I note that over the five-year period in question, the number of Jobseeker's Benefit recipients has decreased by two thirds from 109,209 at end-May 2011 to 37,347 at end-May 2016.

Jobseeker's Allowance Recipients at 31 May in each of the years 2011 to 2016

Year

2011

2012

2013

2014

2015

2016

Recipients

280,833

289,615

293,981

288,268

256,473

243,574

Percentage Variance Year on Year

+3.1%

+1.5%

-1.9%

-11.0%

-5.0%

Percentage Variance

2016 V 2011

-13.3%

-13.3%

-13.3%

-13.3%

-13.3%

-13.3%

Social Welfare Benefits Eligibility

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which addictions, such as alcoholism and drug addiction, are deemed to be conditions capable of qualifying for disability allowance or invalidity pension; and if he will make a statement on the matter. [18882/16]

View answer

Written answers

Qualification for Invalidity Pension (IP) or Disability Allowance (DA) is not conditional on having a particular medical condition. The determining factors are the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.

To qualify for IP in addition to satisfying the PRSI contribution conditions, you must have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months, or be permanently incapable of work.

In order to satisfy the conditions for receipt of disability allowance (DA) a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or may reasonably be expected to continue for a period of at least a year and as a result of the condition the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications. There are additional conditions that must be satisfied in relation to means and habitual residence.

In all cases a deciding officer of my Department makes a decision based on all the available evidence including supporting medical evidence supplied by the applicant and taking into account the opinion of the Department's Medical Assessor.

One-Parent Family Payment

Questions (128)

Bernard Durkan

Question:

128. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he monitors the situation in regard to lone parents with a view to ascertaining the availability to them of adequate resources to meet their commitments; and if he will make a statement on the matter. [18883/16]

View answer

Written answers

My Department monitors on an ongoing basis all social welfare income support schemes including the one-parent family payment scheme (OFP).

The majority of customers affected by the reforms to the OFP scheme transitioned to the jobseeker's transitional payment (JST). My Department, at the request of the Department of Public Expenditure and Reform, intend to carry out a review of the JST scheme and this is due to be completed during 2017.

It is important to note that my Department provides a number of income supports to lone parents. These include the OFP scheme until the youngest child is 7, the JST payment where the youngest child is aged 7-13 years, Jobseeker’s Allowance (JA) where the youngest child is 14 or over and the Family Income Supplement (FIS). FIS can also be paid concurrently with OFP. Both the OFP and JST means tests are more generous than that of JA, thereby supporting lone parents to take up employment, which is their best route out of poverty.

Lone parents on a jobseeker's payment also gain access to the full range of Intreo supports available to assist them into training, education and employment. Those on JST receive a more intensive support via a one to one meeting with a case officer followed by an engagement of up to 7 years while the customer is on JST. Those on JA receive the standard activation process for jobseekers commencing with a group engagement meeting.

These income and activation supports combined ensure that there are effective resources available to lone parents.

Budget 2016 saw OFP recipients gain a 75% Christmas bonus, a €5 increase in Child Benefit and an increase of €2.50 per week in fuel allowance. Those in receipt of FIS also benefitted from the increases to the FIS thresholds. Lone parents on jobseeker's transitional payment (JST) also gained as a result of the closer alignment of the JST means test with the more generous OFP means test.

My Department published a social impact assessment of the main social welfare and tax measures of Budget 2015 and 2016. The assessment found that the cumulative impact of these budgets on lone parent households fared above that of the average household. The assessment indicated that average income in households where the lone parent is employed will rise by 2.8 per cent, while that of unemployed lone parents will rise by 2.4 per cent.

Departmental Expenditure

Questions (129)

Bernard Durkan

Question:

129. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he sees a requirement for adjustments in the social protection budget to cater for any changes in the economic situation; and if he will make a statement on the matter. [18884/16]

View answer

Written answers

I take it that the Deputy is referring to the recent referendum in the UK regarding their European Union membership.

The 2016 Revised Estimates provides an allocation of €19.625 billion to my Department. The Summer Economic Statement, published last week, sets out that the estimated indicative fiscal space for 2017 is around €1 billion. As confirmed by the Taoiseach at the National Economic Dialogue on Monday, there will be no changes to the fiscal space available to the Government this year and for Budget 2017.

Youth Unemployment Measures

Questions (130)

Bernard Durkan

Question:

130. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the various schemes available to his Department are making positive and beneficial impact on the numbers of young persons who are unemployed, and his future expectations in this regard; and if he will make a statement on the matter. [18885/16]

View answer

Written answers

The Government’s primary strategy to tackle youth unemployment is to create the right environment for a strong economic recovery through effective policies. In doing so it is hoped to promote competitiveness and productivity.

Reflecting the impact of government policy, and the overall improvement in the labour market, youth unemployment has fallen substantially to 15% in May 2016. This compares with a figure of almost 21% just one year ago, in May 2015, and with a peak level of over 31% in May 2012.

Although the labour market situation is improving considerably as the recovery continues, the Government recognises the importance of a continued focus on measures to facilitate the young unemployed back into work. This is the rationale behind the Government’s Pathways to Work 2016-2020 strategy (published January 2016) and the Youth Guarantee plan (published January 2014).

The key objective of Ireland’s policy response to the EU Recommendation on a Youth Guarantee is to help newly unemployed young people find and secure sustainable jobs. In this regard there is monthly engagement by case officers with young people to assist them to prepare, review and, if appropriate, revise personal progression plans. Where young people do not find work relatively quickly, additional supports may be offered, both through reserved places on existing employment and training schemes and through youth-specific measures. Most such offers (over 70%) are in existing further education or training programmes. Others are in existing community-based employment programmes such as CE, Gateway and Tús. Overall, over 19,100 opportunities were taken up on the relevant programmes in 2015 (see Table 1 to this reply).

Pathways to Work 2016-2020 continues to prioritise these measures for the young unemployed and further commits to a number of additional measures. These include increasing the share of workplace-based interventions for youth unemployed; ensuring that monthly engagement, at a minimum, is consistently applied and maintained; restructuring the First Steps programme; and implementing the Defence Forces Skills for Life programme.

I am confident these measures, and continuing economic recovery, will support further reductions in youth unemployment to add to the substantial improvements that have already been seen over the last few years.

Table 1. Programme take-up on Youth Guarantee-related programmes

End of year 2015 information

Programme

2015 information to date

Note

Youthreach

1684

Community Training Centres

1528

JobBridge

2,296

Tús

1,379

JobsPlus ( including JobPlus Youth)

676

Momentum

1,066

BTEA (excl Momentum)

2,900

BTWEA

146

VTOS

n/a

Enrolment begins in September

Former FÁS/SOLAS*

6,629

Based on Specific Skills Training, Traineeship, Bridging & Local Training Initiative starters..

County Enterprise Board Youth Entrepreneurship Training and Mentoring supports.

This programme has been superseded by Ireland’s Best Young Entrepreneur 2014/5 competition

Micro Finance Ireland micro-loans for young people.

n/a

Age-specific breakdowns not yet available.

International Work Experience and Training

8

Gateway

144

Community Employment

715

Total

19163

Excluding where figures are not available

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