Written Answers Nos. 248-271
248. Deputy Shane Cassells asked the Minister for Social Protection when he will stop the practice of 65 year olds having to sign on for jobseeker's payment until they reach the age of 66 years; and if he will make a statement on the matter. [29312/16]
View answerThe Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition), thereby standardising State pension age for all at 66 years, which is the current State pension age. This will increase to 67 in 2021 and 68 in 2028. The changes introduced in 2011 were on foot of a Government commitment included in the National Recovery Plan published in 2010, and in the subsequent Memorandum of Understanding with the Troika.
Each year more people are reaching pension age and living longer in retirement. As a result of this demographic change, the number of State pension recipients is increasing by approximately 17,000 annually. This has significant implications for the future costs of State pension provision, which are currently increasing by close to €1 billion every 5 years. The purpose of changes to the State pension age is to make the State pension system more sustainable in the context of increasing life expectancy.
Where an individual has left employment but has yet to reach the State pension age of 66, they may claim another social welfare payment including Jobseeker’s Benefit. They will be awarded Jobseeker’s Benefit provided they satisfy the conditions of the scheme including the requirement to be available for and genuinely seeking full time employment.
However, some specific measures apply to someone claiming jobseeker’s benefit from a date after their 65 birthday. These recipients continue to be eligible for that payment until reaching pension age. While this is currently up to their 66th birthday, this approach will continue to extend their jobseeker’s benefit entitlement continuing for another year when the pension age rises to 67, and indeed a further year when it rises to 68 in 2028. This eligibility is of course still subject to satisfying conditions such as the ‘genuinely seeking work’ condition.
Jobseeker activation criteria have been eased for people aged 62 and over. They are still able to avail voluntarily of an array of supports, which are available from my Department if they wish to return to work, training or education. However, sanctions will not be applied to this cohort, should they decide they do not wish to engage with the activation process.
Special arrangements have also been made so that the majority of older people in receipt of a jobseeker’s payment will have to register with their local office only once a year and their payments will be paid directly into their bank accounts. These provisions have enabled these individuals to ease their transition into one of the jobseeker’s schemes until they become eligible for a State pension on their 66th birthday.
I trust this clarifies the matter for the Deputy.
249. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appointment in respect of back to work enterprise allowance with a new officer can be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [29316/16]
View answerAccording to the records of this Department, the person concerned has met with a case officer on two occasions in relation to a back to work enterprise allowance. The person concerned can make an appointment to meet with a new case officer by contacting the employment services reception in Maynooth.
I hope this clarifies the matter for the Deputy.
250. Deputy Richard Boyd Barrett asked the Minister for Social Protection if he will consider disallowing casual or short-term work early in a person's life that causes a large gap in their work history and therefore brings down the yearly average of PRSI contributions in respect of contributory pensions; and if he will make a statement on the matter. [29319/16]
View answerThe State pension (contributory) is one of the State pension schemes, and its rate of payment is related to contributions made over years into the Social Insurance Fund. As such, those with a stronger attachment to the workforce, who have paid more into that fund, are more likely to be paid under that scheme. There are a number of criteria which must be satisfied in order to qualify for a State pension contributory. These include that the person must be aged 66 or over, and that they have at least 520 paid contributions, i.e., a minimum of 10 years of paid contributions. Since 1961, when contributory pensions were first introduced, the ‘yearly average’ contributions test has been used in calculating the level of pension entitlement, where the total contributions paid or credited are divided by the number of years of the working life (from their entry into insurable employment up to the year prior to their reaching State pension age). For example, someone with a yearly average of 48 contributions will qualify for a full pension, whereas someone with a yearly average of 20 will qualify for a pension at the 85% rate.
Working part-time does not generally reduce entitlement, as part-time workers also pay weekly PRSI contributions, and these will generally be of equal value to the more expensive contributions paid by full-time workers. Once someone has worked some insurable hours in the course of a given week, they will be liable for a weekly contribution for that week, regardless of the amount of hours involved, and that weekly contribution will be equal in value to that of someone working full time and paying much more into the Social Insurance Fund. In the event that they are casual workers and have worked no hours that week at all during that particular week, they will generally be eligible for a credited contribution, which again is of equal value to a paid contribution, when calculating the level of pension payment (although a minimum total of 520 paid weekly contributions are required to have any level of entitlement).
If someone does not qualify for a full rate contributory pension as a result of an intermittent PRSI record, the social protection system provides alternative methods of supporting such people in old age. For example, 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. While this payment is means-tested, it has significant income and capital disregards.
I hope this clarifies the matter for the Deputy.
Question No. 251 withdrawn.
252. Deputy Richard Boyd Barrett asked the Minister for Social Protection if he will retrospectively apply home-maker's credits to persons who were home makers pre-1994 in view of the fact that a group of persons are being discriminated against in respect of their pensions and PRSI contributions; and if he will make a statement on the matter. [29322/16]
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.
One of the conditions of the State pension contributory is that a person needs a minimum of 520 weekly contributions (i.e. 10 years) paid since entering insurable employment. If a person does not have this minimum number of contributions paid, they will not generally have an entitlement to this particular pension, either at a full or reduced rate. Since 1961, when contributory pensions were introduced, the average contributions test has been used in calculating the rate of pension entitlement.
Entitlement is banded, with the maximum rate payable to those with a yearly average of 48-52 contributions, and the minimum rate payable to those with a yearly average in the range of 10-14 contributions per year. Even if someone has only 10 years (520 weeks) of paid reckonable contributions between their 16th and 66th birthdays, they would generally qualify for a State pension (contributory), although the rate payable would vary depending on their circumstances, and it will not always be their most advantageous payment to claim.
The homemaker’s scheme was introduced in 1994 to make qualification for State pension contributory (SPC) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age, or incapacitated people, to be disregarded when a person’s social insurance record is being calculated for pension purposes. The effect of this is to reduce the number of years by which the person’s contributions are divided, thereby increasing their yearly average, making it easier for them to qualify for a maximum rate SPC. It does not, therefore, involve the award of credits.
The cost of expanding this scheme would depend on what changes were made to it. Policy options would include backdating the period from which the scheme took effect from (i.e. to an earlier date than 1994), and/or converting to a system of credits.
Officials in my Department have estimated that the cost of extending the Homemakers scheme to allow people to avail of the full 20 years currently allowed under the scheme, encompassing periods prior to 1994, could cost €286m in 2017. This figure would increase in subsequent years.
Where people who were unattached to the labour market during most of their adult lives cannot 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.
I hope this clarifies the matter for the Deputy.
253. Deputy Jim Daly asked the Minister for Social Protection the reason a person (details supplied) in County Cork has not yet received an outcome to an appeal that was assigned to an appeals officer in July 2016; and if he will make a statement on the matter. [29334/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 11 July 2016. The Appeals Officer requested additional documentation from the Records Section in the Department of Social Protection.
This documentation has now been received and the Appeals Officer 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.
254. Deputy Mattie McGrath asked the Minister for Social Protection if a person (details supplied) employed as a supervisor on a community employment scheme will be offered redundancy should their scheme be amalgamated with another scheme; the reason they would not be eligible for redundancy; and if he will make a statement on the matter. [29340/16]
View answerCarthanach Community Employment (CE) scheme is due to amalgamate with TASN CE Scheme on 31 October 2016. The transfer of duties will commence then. When Carthanach CE Scheme ceases operation, all CE approved places including the supervisor and assistant supervisor positions will become part of TASN CE Scheme.
The matter of redundancy does not arise in this case as the position remains in existence.
I hope this clarifies the matter for the Deputy.
255. 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. [29341/16]
View answerThe application for disability allowance (DA) from the person in question was disallowed by a deciding officer (DO) who decided that she did not meet the medical requirements to qualify for the scheme. Notification of this decision, and the reasons why the decision was reached, were issued to the person on 30 August 2016.
The person in question has lodged an appeal with the independent Social Welfare Appeals Office (SWAO). All the relevant papers requested by that office are being prepared and will be submitted by the department shortly. The SWAO will be in touch with the person in due course in relation to the progress of the appeal.
256. Deputy Willie O'Dea asked the Minister for Social Protection the reason an application by a person (details supplied) has not been decided in view of the fact that the application has been submitted since 16 January 2016; and if he will make a statement on the matter. [29354/16]
View answerCarer's Allowance (CA) is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
Where entitlement cannot be determined based on the information submitted with an application, it is referred to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.
In this case there are two separate applications for CA claiming the provision of full-time care and attention to the same care recipient. One application is from the person concerned and the other is from another individual.
Neither applicant has mentioned the other on their application and both have denied that any person other than themselves is providing care to the care recipient.
It is on this basis that the matter was referred to a SWI on 19 May 2016. A completed report is to be returned to the Carer’s Allowance section in the next week and a decision will then be made without delay. The person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
257. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made on an application for a review of a decision to refuse carer's allowance to a person (details supplied); and if he will make a statement on the matter. [29358/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 22 September 2016, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
258. Deputy Peter Burke asked the Minister for Social Protection when a person (details supplied) in County Westmeath will be paid disability allowance. [29384/16]
View answerI confirm that the department was notified by the Social Welfare Appeals Office on the 4 October 2016 that the appeal for the person in question was upheld and was deemed to be medically suitable for the scheme.
Her file has been passed to a deciding officer to implement the appeals officers’ decision and the person concerned will be notified in writing once full entitlement has been established.
259. Deputy John Lahart asked the Minister for Social Protection his plans to reverse the decision to means test persons receiving back to education allowance, which was implemented in April 2016 without any notification given to students; and if he will make a statement on the matter. [29389/16]
View answerThe student universal support Ireland (SUSI) grant - payable by the Department of Education and Skills - represents the primary support for persons pursuing education.
The Back to Education Allowance (BTEA) enables social welfare customers to pursue full-time education courses and to continue to receive income support. It replaces the customer’s qualifying payment and reflects the rate of payment they would receive on their qualifying scheme.
The 2016/2017 changes were introduced for new applicants only. The provision ensures that the rate of payment is equal to that received by all customers on the primary scheme of entitlement. In general, most students will also have certain registration and related college fees paid by SUSI.
There are no plans to reverse the BTEA changes as the overall priority for my Department is to ensure that the BTEA scheme is focused, targeted and directed at those who most need support.
Question No. 260 withdrawn.
261. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the review of further information submitted in support of a domiciliary care allowance appeal in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29480/16]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer has completed a review of his original decision to disallow the appeal of the person concerned in light of additional evidence submitted and as a result, has decided to allow the appeal. 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 on social welfare entitlements.
I hope this clarifies the matter for the Deputy.
262. Deputy Jim Daly asked the Minister for Social Protection the reason a person (details supplied) who was granted carer's benefit on 17 July 2016 has still not received payment; and if he will make a statement on the matter. [29509/16]
View answerThe person concerned has been in receipt of Carer's Benefit (CARB) from 24 February 2015 to 4 August 2016 and applied for an extension to her claim.
The extension was granted to the person concerned on 5 October 2016 and the first payment will issue to her nominated bank account on 13 October 2016.
Arrears of benefit due from 4 August 2016 to 12 October 2016 will also issue on that date.
The person concerned was notified on 5 October 2016 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
263. Deputy Bernard J. Durkan asked the Minister for Social Protection if all entitlements are being paid in the case of a person (details supplied); and if he will make a statement on the matter. [29523/16]
View answerThe person concerned is in receipt of the maximum rate of widow(er)’s or surviving civil partner’s contributory pension payable to a person aged under 66. The person is also in receipt of electricity allowance and free television licence, under the Department’s household benefits scheme.
The person concerned applied for an increase for living alone, which was disallowed by the Deciding Officer because the person had not reached the qualifying age of 66. The person concerned appealed this decision. The Social Welfare Appeals Officer decided that the decision of the Deciding Officer to disallow the application for increase for living alone was correct and in keeping with the legislative conditions for receipt of the increase.
I hope this clarifies the matter for the Deputy.
264. Deputy Joan Burton asked the Minister for Social Protection the health and safety framework of each commercial and non-commercial State agency; when the health and safety policy of each was last reviewed; when the safety statement of each was last reviewed; if each body has a health and safety committee and when this was last elected; if each has a health and safety representative and when this person was last elected; and if he will make a statement on the matter. [29576/16]
View answerThe Department of Social Protection has a Safety Statement that is up-dated annually. The current statement was signed by the Secretary General on 19 January 2016. This statement is available on the Department's intranet and is available for all staff to see.
The Department has a National Health & Safety Committee which is a sub Committee of Departmental Council. The Committee is chaired by the head of the Department’s Facilities Management Unit. The official side of the Committee is represented by staff dealing with Health and Safety and Accommodation in the Department. The staff side includes representatives from the various staff unions.
The Committee meets on a quarterly basis, the most recent meeting being held on 19 September.
Agencies
Pensions Authority
The Pensions Authority has a safety statement in place. This statement was last reviewed in September 2016. The Pensions Authority also has a health and safety representative who was appointed in April 2016. The Corporate Services team is the health and safety committee.
Citizens Information Board
The Citizens Information Board has a safety statement in place. This statement was last reviewed in 2015. The Citizens Information Board has a Health & Safety Committee and members were elected to the Committee in October 2012. The Citizens Information Board has a safety representative who was elected in October 2012. The Health & Safety section last updated the staff resource pack in 2015.
265. Deputy Joan Burton asked the Minister for Social Protection the gifts or hospitality given to employees to attend overseas sporting or musical events during 2015 in respect of all commercial and non-commercial agencies; the locations of such visits; and if he will make a statement on the matter. [29577/16]
View answerThe statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Authority, the Pensions Council, the Pensions Ombudsman and the Social Welfare Tribunal.
Both the Pensions Council and the Social Welfare Tribunal have no employees. No employees of the agencies outlined above were given gifts or hospitality to attend overseas sporting or musical events during 2015.
Question No. 266 withdrawn.
267. Deputy Brendan Griffin asked the Minister for Social Protection if a qualified adult payment of an invalidity pension in respect of a person (details supplied) in County Kerry will be backdated; and if he will make a statement on the matter. [29615/16]
View answerThe person in question was awarded an increase for a qualified adult (IQA) at a reduced rate from the 28 July 2016 to the 12 September 2016. Payment including arrears, issued to her nominated bank account on 6 October 2016. The person in question has requested backdated payment of IQA to August 2015. This request is currently being assessed. On completion of assessment, the person in question will be notified directly of the decision.
I hope this clarifies the matter for the Deputy.
268. Deputy Michael Ring asked the Minister for Social Protection when funding will be provided to an organisation (details supplied). [29616/16]
View answerAs you will be aware the community services programme (CSP) provides financial support to community companies that provide revenue generating services of a social inclusion nature. The CSP works on a social-enterprise model. This means that it does not fully fund contract holders but requires that they generate revenue by charging fees or raising funds. All CSP recipients are obliged to meet these criteria. These social enterprises also remain responsible for their own budgets and financial liabilities. Pobal manages the programme on behalf of my Department.
Ongoing reviews including reviews of corporate governance of the organisation have taken place over the past number of years. Arising from these reviews, Pobal believes that the service does not meet the standards required under the CSP. The organisation has been granted an extended exit period and will be funded under the programme until the end of March 2017 to allow time for an appeal. This has been communicated to the service provider.
269. Deputy Bernard J. Durkan asked the Minister for Social Protection the status of jobseeker's payment in the case of a person (details supplied); and if he will make a statement on the matter. [29667/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 7 October 2016, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
270. Deputy Sean Fleming asked the Minister for Social Protection when the child dependent allowance and arrears due will be paid to a person (details supplied) who is in receipt of carer's benefit; and if he will make a statement on the matter. [29693/16]
View answerCarer's Benefit is awarded to the person concerned for the period 19 March 2015 to 15 March 2017.
An application for an increase for 2 qualified children was received on 25 July 2016 and has been awarded on 7 October 2016 and the first payment will issue to her nominated bank account 20 October 2016.
Arrears of allowance due in the period from 19 March 2015 to 19 October 2016 will also issue on 20 October 2016.
The person concerned was notified on 7 October 2016 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
271. Deputy Sean Fleming asked the Minister for Social Protection if persons who were in paid employment and left their work after they got married to run the family farm with their spouse were eligible to contribute full PRSI to enable them obtain the full State contributory pension; if, where their spouse was paying the full PRSI rate and the spouse will receive the full State pension, it was permitted for both spouses to pay PRSI during these periods to entitle them each to the full State pension; and if he will make a statement on the matter. [29764/16]
View answerSelf-employed workers, including farmers, are liable to pay PRSI at the class S rate of 4%, subject to a minimum annual payment of €500, where their annual income exceeds €5,000. Class S contributors are entitled to a range of long-term payments including State pension (contributory), based on their own PRSI contribution record while working. Entitlement to benefits cannot be generated based on someone’s PRSI record, including that of a spouse (other than for the Widow/er’s/Surviving Civil partners’ Contributory Pension).
The status for PRSI purposes, of spouses working in a family business or on a family farm can vary, depending on the circumstances.
Spouses who are engaged in a business partnership are each treated as individual self-employed contributors. Provided each has annual income in excess of the €5,000 threshold, they are individually liable to pay PRSI under Class S. In addition, since 2014, spouses who assist in the business of their self-employed spouse/civil partner performing the same or ancillary tasks and are not a business partner or an employee, can be regarded as a self-employed contributor in their own right.
These contributions enable them to build up an insurance record in their own right and receive accruing benefits including State pension (contributory).
Alternatively, where a family business/farm is incorporated as a limited company, spouses involved in the business pay PRSI contributions either as employees or as self-employed contributors depending on whether a contract of service exists. In addition where a person is an employee of a partnership in which their spouse/civil partner is a partner, he/she pays PRSI contributions as an employee.
Otherwise, a person employed directly by his/her spouse is not liable to pay PRSI, as this is regarded as an “excepted employment” under social welfare legislation which recognises the practical difficulties in establishing the existence of a genuine employment relationship in such circumstances.
