Written Answers Nos. 321-341
321. Deputy Seán Haughey asked the Minister for Social Protection the number of persons in receipt of the blind person's pension for each of the years from 2000 to 2015; and if he will make a statement on the matter. [23561/16]
View answer322. Deputy Seán Haughey asked the Minister for Social Protection if eligible applicants are automatically admitted for receipt of the disability allowance rather than to the blind person's pension; if it is policy to phase out the blind person's pension with a view to replacing it entirely with the disability allowance; the disadvantages in eligibility for such blind persons admitted for receipt of the disability allowance in receiving home packages, free travel and other allowances associated with or additional to the blind person's pension; and if he will make a statement on the matter. [23562/16]
View answerI propose to take Questions Nos. 321 and 322 together.
The blind person’s pension (BPP) is a means-tested payment for blind people and certain people with low vision operated by my Department. BPP is a unique scheme in that it is the only social welfare payment which has been introduced to cater for a specific disability. The estimated level of expenditure in 2016 is €14 million.
There are currently some 1,280 recipients on the scheme. Data in respect of the number of recipients over the period 2000 to 2013 are set out in the table and show that the number of individuals in receipt of the BPP has been steadily declining. Data in respect of 2014 and 2015 are not available due to technical reasons.
|
Year |
BPP Recipients |
|
2000 |
2,229 |
|
2001 |
2,125 |
|
2002 |
2,095 |
|
2003 |
2,061 |
|
2004 |
2,027 |
|
2005 |
1,985 |
|
2006 |
1,476 |
|
2007 |
1,474 |
|
2008 |
1,472 |
|
2009 |
1,467 |
|
2010 |
1,485 |
|
2011 |
1,496 |
|
2012 |
1,456 |
|
2013 |
1,385 |
It is the practice of the Department to encourage those applying for BPP to ascertain first of all whether they would be better off availing of disability allowance (DA) rather than BPP as the structure of the DA scheme is generally more beneficial to claimants. In particular the assessment of capital is treated differently in the two schemes: under the means test for DA, the first €50,000 of capital is disregarded while for BPP only the first €20,000 of capital is disregarded.
As to secondary benefits, recipients of both DA and BPP carry an entitlement to a free travel pass and they may be entitled to additional benefits such as the fuel allowance, household benefits package, medical card and supplementary welfare allowance, depending on whether they satisfy the eligibility criteria for these schemes. Both BPP and DA recipients who live alone are eligible for the living alone allowance.
While there have been a number of proposals over the years to phase out the BPP and merge it with DA, most recently in a value for money review of the DA scheme published in 2010, there are currently no plans to end the BPP scheme and have it replaced by DA.
I trust that this clarifies the matter.
323. Deputy Pearse Doherty asked the Minister for Social Protection the status of an appeal (details supplied) under the carer’s allowance scheme; and if he will make a statement on the matter. [23571/16]
View answerAn application for carer's allowance (CA) was received from the person concerned on 23 November 2015.
The person concerned was notified on 3 May 2016 that the application was disallowed on the grounds that the carer was not providing full-time care and attention. She was notified of this decision, the reason for it and of her right of review and appeal.
The person concerned submitted an appeal in June 2016 in which further evidence was supplied. The further evidence was reviewed by a deciding officer which resulted in the award of CA to the person concerned. This has obviated the need for an appeal against the initial disallowance to be determined by the social welfare appeals office.
First payment issued to the person’s nominated bank account on 14 July 2016.
Arrears of allowance due from 26 November 2015 to 13 July 2016 have also issued to the bank.
The person concerned was notified of these details on 9 July 2016.
I hope this clarifies the matter for the Deputy.
324. Deputy Pearse Doherty asked the Minister for Social Protection the current status of an application by a person (details supplied) under the carer's allowance scheme; and if he will make a statement on the matter. [23572/16]
View answerI confirm that my department received an application for Carer’s Allowance (CA) from the person concerned on 1 February 2016. 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 17 May 2016 of this decision, the reason for it and of his right of review and appeal.
The person concerned has appealed this decision to the Social Welfare Appeals Office (SWAO) on 31 May 2016. On foot of the appeal, additional information was requested by a deciding officer on 20 July 2016.
Once this information is received the deciding officer will determine if there are grounds to revise the decision. If there is, the person concerned will be notified of the outcome. If not, the department will prepare a submission, as required by the SWAO, supporting its decision as soon as possible and the file will be sent to the SWAO for determination.
I hope this clarifies the matter for the Deputy.
325. Deputy Pearse Doherty asked the Minister for Social Protection the current status of a carer’s allowance application for a person (details supplied); and if he will make a statement on the matter. [23573/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned has been 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 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.
326. Deputy Pearse Doherty asked the Minister for Social Protection to expedite a decision on an application under the carer’s allowance scheme submitted in April 2016 for a terminally ill person (details supplied); and if he will make a statement on the matter. [23574/16]
View answerCarer’s allowance was awarded to the person concerned on 14 July 2016 and the first payment is due to issue to their nominated bank account on 21 July 2016.
Arrears of allowance due from 5 May 2016 to 20 July 2016 have also issued. The person concerned was notified of these details on 14 July 2016.
I hope this clarifies the matter for the Deputy.
327. Deputy Pearse Doherty asked the Minister for Social Protection the current status of an application by a person (details supplied) under the carer's allowance scheme; and if he will make a statement on the matter. [23575/16]
View answerCarer’s allowance was awarded to the person concerned on 12 July 2016 and payment in respect of weeks commencing the 14 and 21 July is due to issue to their nominated bank account on 21 July 2016.
Arrears of allowance due from 7 April 2016 to 13 July 2016 have issued by cheque. The person concerned was notified of these details on 12 July 2016.
I hope this clarifies the matter for the Deputy.
328. Deputy Jackie Cahill asked the Minister for Social Protection his views on the situation where the supervisors of individual community enterprise schemes are informed of the eligibility of scheme participants only six weeks before the end of one scheme and the beginning of another, thus reducing the supervisors' time to plan their projects properly; if the supervisors will be given a minimum of three months' notice of eligibility; and if he will make a statement on the matter. [23579/16]
View answerAll Community Employment (CE) participant contracts are for 52 weeks duration. The contracts of employment (including start and finish dates) are issued by the sponsoring organisation (the legal employer) to the participant. Based on their eligibility details, each participant is recruited under a specific option of CE, which been in place since the programme commenced in 1994. The Part-Time Integration (PTI) Option is for one year’s participation on CE at a time while the Part-Time Job (PTJ) Option is for a maximum engagement of up to 3 consecutive years, subject to annually renewable contracts.
As per the CE Procedures Manual, sponsoring organisations that wish to retain a PTI (1-year) participant for a further year, must apply to the Department 8 weeks in advance of that participant’s current finish date. A maximum of 10% of PTI participants can be extended into a consecutive year (after which they must leave CE and re-qualify the normal way). The remaining PTI participants will exit after one year’s participation and be replaced as they complete their time on CE. Participant finish dates vary as CE is based on continuous intake.
Under the PTJ Option (3-years), sponsoring organisations that wish to retain participants for a further year, must apply to the Department 8 weeks in advance of the participants’ current finish date as well. Rollover onto the next year’s contract is subject to participants engaging with the CE programme, including training and work experience activities.
Adherence to the CE procedures by the Sponsors and Supervisors helps to maximise the effectiveness of the system for retaining and/or replacing participants in a timely manner.
I hope this clarifies the matter for the Deputy.
329. Deputy Sean Sherlock asked the Minister for Social Protection the reason an application made by a person (details supplied) in respect of invalidity pension has now been refused. [23584/16]
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.
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.
The department received a claim for IP for the person concerned on the 30 June 2016. The person concerned was refused IP on the grounds that the contribution conditions for the scheme are not satisfied. She was notified on the 08 July 2016 of this decision, the reason for it and of her right of review and appeal.
However, my Department is currently re-investigating the position of the person in question in relation to possible entitlement to PRSI credited contributions for period(s) for which she was in receipt of various social welfare schemes.
My Department will be in direct contact with the person in question as soon as possible regarding the outcome of these investigations and whether that outcome affects her entitlement to IP.
I hope this clarifies the matter for the Deputy.
330. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a person (details supplied) on disability allowance; and if he will make a statement on the matter. [23592/16]
View answerI confirm that the above named person is in receipt of disability allowance (DA) since 20 August 2014. Prior to that, she was in receipt of short-term illness benefit.
Her DA payment was reviewed in July 2016 when it was established that the means of the person concerned had increased since the previous assessment. The means are derived from her spouse’s self-employment.
On 13 July 2016, the person concerned was notified of this decision with details of the new payment rate effective from 20 July 2016.
The person in question has never applied for nor received invalidity pension (IP), which is based upon a person’s PRSI record and their incapacity for work. I have arranged for a claim form (INV1) to issue to the person concerned. Their entitlement to IP will be decided on receipt of a completed claim form and the person will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
331. Deputy Niamh Smyth asked the Minister for Social Protection the number of persons in counties Cavan and Monaghan in receipt of carer's allowance, carer's benefit and respite grant between 2011 and 2016, in tabular form; and if he will make a statement on the matter. [23597/16]
View answerUnless otherwise stated, the following table provides the number of Cavan and Monaghan recipients of Carer's Allowance, Carer's Benefit and the Carer’s Support Grant, formerly known as the Respite Care Grant, at the end of each year from 2011 to date.
|
- |
Carer's Allowance |
Carer's Benefit |
Carer’s Support Grant |
|
Cavan 2011 |
826 |
26 |
Unavailable |
|
Monaghan 2011 |
735 |
25 |
Unavailable |
|
Cavan 2012 |
825 |
17 |
Unavailable |
|
Monaghan 2012 |
743 |
16 |
Unavailable |
|
Cavan 2013 |
904 |
30 |
1,087 |
|
Monaghan 2013 |
814 |
17 |
957 |
|
Cavan 2014 |
947 |
39 |
1,136 |
|
Monaghan 2014 |
822 |
28 |
975 |
|
Cavan 2015 |
1,030 |
53 |
1,253 |
|
Monaghan 2015 |
853 |
38 |
1,027 |
|
Cavan – end June 2016 |
1,082 |
50 |
1,319 |
|
Monaghan – end June 2016 |
886 |
29 |
1,074 |
332. 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. [23641/16]
View answerI confirm that the above named person is in receipt of disability allowance (DA) since 16 October 2013. I can confirm that the continuing eligibility for DA of the person concerned is currently under review by the Department. On 2 July 2016, a medical questionnaire issued to the person concerned. The information requested is to allow the person concerned to communicate to the deciding officer in his own words the up-to-date details of his condition(s) and how it/they affect his daily life. The person in question has not yet returned this form.
Where a person is in receipt of any social welfare payment, including DA, they are obliged to co-operate with the Department in relation to any reasonable request for information in relation to their eligibility or circumstances. If the person in question does not complete and return the form within a reasonable length of time and without a reasonable excuse, his payment is at risk of being suspended.
Once the form is completed and returned to the Department, it will be reviewed by a DO who will be in touch with the person directly in relation to the review.
I hope this clarifies the matter for the Deputy.
333. 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. [23668/16]
View answerI confirm that the department is in receipt of an application for disability allowance from the above named person on 31 March 2016. The application, based upon the evidence submitted, was refused on medical grounds on 21 June 2016. The person in question submitted additional medical evidence for consideration on 6 July 2016 and this is currently being reviewed. Once a decision has been made, the person concerned will be notified directly in writing.
I hope this clarifies the matter for the Deputy.
334. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason rent allowance was refused to a person (details supplied); and if he will make a statement on the matter. [23671/16]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, disallowed the rent supplement appeal of the person concerned by way of summary decision. The person concerned was notified of the decision on 12 July 2016.
Under the supplementary welfare allowance scheme, it is a requirement that a person would pay a minimum contribution towards the rent (currently €30 per week for a single person). The governing legislation provides that all income is to be considered in the means assessment with a view to determining whether any or all is to be taken into account when calculating any entitlement to rent supplement. The person concerned is in receipt of disability allowance and disablement benefit from the Department and the legislation does not exclude these payments from the assessment of means for rent supplement.
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.
335. Deputy Sean Fleming asked the Minister for Social Protection the payment a person (details supplied) is entitled to if they return to college as a mature student; and if he will make a statement on the matter. [23740/16]
View answerThe person concerned was in receipt of Jobseeker’s Allowance (JA) from 5 June 2015 until 22 December 2015.
On 9 December 2015 he attended his local Intreo office to state that he had commenced a part-time education course. The person concerned was asked to provide a letter from the college confirming that it was a part-time course. On receipt of same from the Institute of Further Education it was confirmed the client was a full time student.
As JA is not payable to a person engaged in full time education the person concerned was disallowed from receiving JA with effect from 9 September 2015.
The client appealed this decision and the decision was upheld by the Appeals Office.
In order to be considered for entitlement to Back to Education Allowance an application must be made prior to or within 30 days of commencement of the course of education.
I hope this clarifies the matter for the Deputy.
336. Deputy Sean Fleming asked the Minister for Social Protection the current position relating to the provision of a pension scheme for supervisors of community employment; if his Department can provide funding for this scheme; and if he will make a statement on the matter. [23752/16]
View answerMy colleague, Paschal Donohoe T.D., Minister for Public Expenditure and Reform, is responsible for issues relating to pension claims. To this end, the Community Sector High Level Forum was reconvened by his Department in November 2015 to scope out the issue with the trade union representatives (SIPTU and IMPACT) of the CE Supervisors.
These discussions are ongoing.
337. Deputy Sean Fleming asked the Minister for Social Protection the procedures that can be put in place for a person who did not sign for jobseeker's entitlements or credits during a period when they were not working and who, due to these lost entitlements, has now lost entitlements for their State pension; if there is any mechanism in place regarding lost entitlements being reinstated or made up, especially for former public servants who worked up to or close to retirement age but retired early and were not aware they should have signed for social protection credits to assist them to build up an entitlement for a State pension; and if he will make a statement on the matter. [23796/16]
View answerThe State pension (contributory) 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.
To qualify for a state pension (contributory) a person must have at least 520 paid reckonable contributions and satisfy a yearly average condition (a yearly average of 48 contributions paid or credited is required for a full rate State pension (contributory), and reduced rates of payment may be payable for pensioners with lower averages). Once over 16 years of age, the date a person enters into insurable employment is the date used for averaging purposes.
PRSI credited contributions (“credits”) are an integral part of the social insurance system. For the most part they are linked to having an underlying entitlement to a social welfare payment while temporarily detached from the labour force or having entitlement to statutory leave, e.g., parental or maternity leave. The primary purpose of PRSI credits is to secure social welfare benefits and pensions of employees by covering gaps in insurance where they are not in a position to pay PRSI such as during periods of unemployment or illness for example.
In order to qualify for credits, a person must first have entered insurable employment – he or she must have paid at least one PRSI contribution as an employed contributor and, unless deemed to be exempted, must be available for and genuinely seeking work. Subsequently, insured workers may be awarded credits if they claim a social welfare payment because they are out of work, or they are ill or incapacitated, or if they are engaged in certain training or education courses. When a person does not qualify for a payment, they may sign-on for credits provided they qualify for the award of credits.
If at any stage in their working life, a person has no PRSI paid or credited contributions for two full tax years, they cannot be awarded credits again until they return to work and pay PRSI contributions for at least 26 weeks. The rationale for this measure centres on the general principle that there should be a reasonable link between entitlement to benefit and a recent participation in the (active) labour force.
In 2013 new provisions were announced for older persons who left work before reaching the State pension age of 66 and who wished to claim a jobseeker’s payment. Ordinarily, people in receipt of a jobseeker’s payment must engage with the Department’s activation process and can face penalty rates if they refuse to engage with Department offers of training or education. These criteria were eased for people aged 62 and over in light of their contribution to society. They can still avail voluntarily of an array of supports, which are available from the Department if they wish to return to work, training or education. However, penalty rates are not applied to this cohort should they decide they do not wish to engage with the activation process.
Entitlement to State pension (contributory) is based upon reckonable contributions paid and/or credited over a working life. Periods of retirement before State pension age, where a person was not genuinely seeking work, and where they have not been awarded credits, may result in lower such entitlements, compared to the outcome had they reckonable contributions paid or credited during that period. There are no special arrangements to make State pension qualification easier for public sector employees who retired early, and in many cases they would have paid a reduced rate of PRSI, which is not reckonable for State pension purposes, in recognition of Public Service pension entitlements they may alternatively build up as a result of that employment. My Department does not have responsibility for Public Service pensions, and any queries regarding the adequacy of such pensions, including for those who have retired early, should be directed to the Minister for Public Expenditure and Reform.
Where people cannot qualify for a State pension (contributory) in their own right as they have paid few or no reckonable 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, if they have an income need. Notably, they may qualify for a means-tested State Pension (non-contributory), amounting up to 95% of the maximum contributory pension rate. However, if someone has a substantial income, such as that from a public service pension, they may not satisfy the means test for payment under that pension.
I hope this clarifies the matter for the Deputy.
338. Deputy Niamh Smyth asked the Minister for Social Protection when an appeal for carer's allowance will be finalised for a person (details supplied). [23811/16]
View answerI confirm that my department received an application for Carer’s Allowance (CA) from the person concerned on 23 February 2016. 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 1 July 2016 of this decision, the reason for it and of her right of review and appeal.
To date, no request for a review or appeal has been received from the person concerned.
I hope this clarifies the matter for the Deputy.
339. Deputy Ruth Coppinger asked the Minister for Social Protection to report on the implementation of the Gender Recognition Act 2015 since it was enacted one year ago; the number of gender recognition certificates issued; and if he will make a statement on the matter. [23816/16]
View answerSection 6(2) of the Gender Recognition Act 2015 provides that an annual report is prepared on the performance of Ministerial functions under the Act. This year, that report will cover the period from commencement on 4 September 2015 to 30 June 2016. The report is currently being drafted by my Department and will be laid before each House of the Oireachtas shortly.
One hundred and forty-nine gender recognition certificates have been issued during the period 4 September 2015 to 30 June 2016.
340. Deputy Ruth Coppinger asked the Minister for Social Protection his views on making changes so that those who are aged under 16 years can have legal recognition of their gender in view of the fact that the Gender Recognition Act 2015 has been enacted for one year. [23817/16]
View answer341. Deputy Ruth Coppinger asked the Minister for Social Protection his views on making changes to give recognition to non-binary gender identities in view of the fact that the Gender Recognition Act 2015 has been enacted for one year. [23818/16]
View answerI propose to take Questions Nos. 340 and 341 together.
It is intended that my Department will consider the matters raised by the deputy as part of the review of the operation of the Gender Recognition Act 2015 as provided for under section 7 of that Act.
