Thursday, 24 Nov 2016

Written Answers Nos. 116-131

Residential Tenancies Board Administration

Questions (116, 117, 118, 119)

Barry Cowen

Question:

116. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the current waiting times for mediation, adjudication and tribunal hearings at the RTB. [36672/16]

Barry Cowen

Question:

117. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if he has considered providing an annual grant to the RTB to increase its staffing and administrative capacity. [36673/16]

Barry Cowen

Question:

118. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if he has satisfied himself that the RTB has enough staff to undertake its dispute resolution duties. [36674/16]

Barry Cowen

Question:

119. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government when the deposit protection scheme operated by the RTB will be in place; and the additional capacity that the RTB will require to undertake this function. [36675/16]

Written answers

Minister for Housing, Planning, Community and Local Government

I propose to take Questions Nos. 116 to 119, inclusive, together.

The Residential Tenancies Board (RTB) was established in September 2004 under the Residential Tenancies Act 2004, which regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The RTB was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The RTB has 40 staff in place at present with sanction for an additional 11 posts. The RTB is currently working to fill these posts. In 2012, the RTB awarded a contract outsourcing its call-centre activities and the processing of paper registrations, allowing the Board to focus on its dispute resolution functions. There are currently 34 people employed on the RTB account by t he outsourced service provider.

As the RTB replaces the Courts for the vast majority of landlord and tenant disputes, there are statutory time periods laid down in the Residential Tenancies Act to provide for due process. There are a number of factors that may delay the processing of a case including where adjournment requests are made or where there are difficulties locating a party to the dispute.

The RTB received 4,023 applications for dispute resolution in 2015, a 19% increase on 2014, when 3,374 cases were received. In 2015, some 84% of cases were processed or closed within 3 to 4 months. The RTB is continuously reviewing operations to increase efficiency and processing times continue to improve. The RTB reports that currently 96% of cases are completed in 4 months or less – a considerable improvement when compared to the 84% achieved in 2015.

A telephone mediation service was introduced by the RTB in late 2013 as an alternative means to address disputes. Processing times for telephone mediation cases in 2015 were typically 6 to 9 weeks. Processing times for telephone mediation have improved further in the course of 2016 to an average of 6 weeks. The average processing time for disputes referred to an Adjudicator was 14 weeks in 2015 and has improved to an average of 10 weeks in 2016.

Parties to a dispute can appeal the decision of an Adjudicator to a Tenancy Tribunal within 21 days of the date of receiving the adjudicators report. Parties to the mediation process who did not reach an agreement or where the agreement has broken down may refer the dispute to the Tenancy Tribunal within 10 days. The average processing times for Tribunal cases is 8 to 12 weeks from appeal to the issuing of the Determination Order.

The RTB’s funding is derived primarily from a proportion of the fee income accruing from tenancy registrations, as set down by Ministerial Order. Since 1 July 2016, the RTB is entitled to retain 100% of the registration fee income to fund its activities. The RTB also retains the fees it charges for its dispute resolution services. In 2016, the RTB also received €1.5m in funding from the Exchequer in relation to the planning and procurement of the new tenancy deposit protection scheme and €0.35m to fund operational costs.

The deposit protection scheme will be commenced as soon as the necessary conditions are in place to support roll-out. These are likely to include changes to the supporting information technology and contracts with outsourced project partners where appropriate. Work in this regard is already underway. Until the scheme is operational and ready to go live, there will be no change in the administration of tenancy deposits under the Act.

Details of the Board’s income and expenditure are set out in its Annual Reports and Accounts, which are available on its website at http://www.rtb.ie/media-research/publications/annual-reports.

My Department continues to keep the resources available to the RTB under close review and engages regularly with the Board on this matter. It is of course important that the RTB is adequately funded into the future and this matter is among the issues currently under consideration in the context of the development of the forthcoming Strategy for the Rental Sector.

Local Authority Funding

Questions (120, 121)

Brendan Smith

Question:

120. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government the level of funding that will be provided to Cavan County Council for all housing projects in 2017; and if he will make a statement on the matter. [36773/16]

Brendan Smith

Question:

121. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government the level of funding that will be provided to Monaghan County Council for all housing projects in 2017; and if he will make a statement on the matter. [36774/16]

Written answers

Minister for Housing, Planning, Community and Local Government

I propose to take Questions Nos. 120 and 121 together.

The local authorities in Cavan and Monaghan were notified in April 2015 of social housing delivery targets and provisional funding allocations out to end-2017. These are available on my Department’s website at the following link: http://www.environ.ie/housing/social-housing/minsters-kelly-coffey-announce-eu15-billion-social-housing-targets-local. Together, these two local authorities have a target to deliver 445 social housing units for the period out to 2017, supported by an allocation of €24 million, to be invested in a combination of building, buying and leasing schemes.

Both local authorities have made proposals in respect of new social housing delivery via capital-funded programmes, which have been approved by my Department; these are set out in announcements made in May 2015, July 2015 and January 2016 and included 56 new units of accommodation in respect of Cavan and Monaghan, supported by investment of some €6.3 million, details of which are available on my Department’s website at the following links:

http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,41340,en.htm

http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,42225,en.htm

http://www.environ.ie/housing/social-housing/ministers-kelly-coffey-announce-further-1000-social-housing-units.

Since then, 79 additional social housing units have been approved for Cavan and Monaghan and added to their pipeline, as set out in the following table.

Local Authority	Location	Delivery Method	No. of Units
Cavan	Rosehill, Mullagh (Phase 6)	LA Construction	8
Monaghan	Liseggerton, Clones by Oaklee Housing Trust	AHB Construction	16
Monaghan	Monaghan Town	3 Turnkey developments	50
Monaghan	Smithborough	Turnkey development	5

The level of funding that will be provided to the Cavan and Monaghan local authorities for housing related activity in 2017 will be directly linked to the scale of delivery achieved by the local authorities on these schemes and any other schemes currently being progressed which were approved prior to May 2015, such as the delivery by Respond! of 7 units of accommodation at Convent Lands, Carrickmacross, which is currently under construction and due for completion in Q1 2017. I am keen that these are advanced as soon as possible and funding will be allocated to these in line with their delivery.

There is also a range of housing stock improvement initiatives funded through my Department, such as the energy efficiency retrofitting programme, adaptations to houses for people with a disability and the elderly, and returning vacant properties to productive use; 2017 allocations for these schemes will issue to all local authorities, including Cavan and Monaghan, early in the New Year.

Local authorities also use a variety of current funded mechanisms to secure social housing including the Social Housing Current Expenditure Programme (SHCEP), Housing Assistance Payment (HAP) and Rental Accommodation Scheme (RAS) programmes which my Department will continue to support in 2017 and beyond.

The SHCEP is currently funding 36 operational units in Cavan and Monaghan. An additional 51 units have been approved for leasing by two Approved Housing Bodies (AHBs) and are anticipated to become operational by the end of 2016, bringing the total number of operational units to 87. These 87 units will continue to be funded by SHCEP in 2017 in addition to any additional new units sourced by the LAs or AHBs.

Support is also provided by my Department to AHBs under the Capital Advance Leasing Facility for the delivery of new social housing. This funding approach is being used to support the acquisition and construction of 55 additional units by three AHBs in Cavan and Monaghan. Delivery is contingent on AHBs securing the balance of funding required from either private finance or other borrowings. If successful, it is anticipated that these 55 units will be delivered by the end of 2017. Locations include Kingscourt, Clones and Carrickmacross.

The HAP is currently available in 19 local authority areas, including Monaghan County Council, and to eligible homeless households in the Dublin local authorities under the Homeless HAP pilot scheme. Since Monaghan’s commencement of the HAP statutory pilot scheme on 1 October 2014, almost 350 households have been supported to date and HAP support will continue into 2017 and beyond. There are currently more than 15,000 households nationally being supported by the scheme and 10,690 of these tenancies have been set-up in 2016 to date. The scheme is being extended on a statutory basis to a further nine local authorities, including Cavan County Council, on 1 December 2016, subject to the necessary Regulations being in place.

In relation to RAS, Cavan County Council’s end of year 2015 activity report indicated that there were 562 tenancies supported by the scheme. At the end of 2015, Monaghan County Council reported that there were 256 tenancies supported by RAS. These tenancies will continue to be supported into 2017 and beyond in addition to new tenancies which are added in 2016 and 2017.

Planning Issues

Questions (122)

Barry Cowen

Question:

122. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the progress his Department has made in regard to regulation of a company (details supplied); the timeframe for such decisions; and if he will make a statement on the matter. [36780/16]

Written answers

Minister for Housing, Planning, Community and Local Government

Pillar 4 of Rebuilding Ireland Action Plan for Housing and Homelessness which deals with the Rental Sector, commits to developing a comprehensive strategy for the sector in Q4 2016. The strategy will be structured around 4 key areas: security, standards, supply and services. In terms of supply, the strategy will focus on maintaining existing levels of rental stock and encouraging investment in additional supply. All the main issues that affect the availability of dwellings in the rental market, including the issue of short-term lettings, will be considered during the development of the strategy, which will be informed by submissions received from the recent public consultation process that concluded on 7 November. The overarching objective of the strategy will be to increase supply and support the development of a stable, strong and viable rental sector offering true choice for households, investment opportunities for providers and reflecting the rights and responsibilities of tenants and landlords.

In the context of the recent determination by An Bord Pleanala in relation to the exclusive use of an apartment as a commercial letting through Air BnB, I have asked my Department to examine the decision, which is of course primarily a matter for planning authorities to determine, and consider the appropriate steps, including the provision of statutory planning guidelines, to provide clarity and consistency of approach by all planning authorities in terms of planning requirements for such commercial lettings. In this regard, I will provide guidance to Local Authorities by way of circular letter before the end of the year.

Question No. 123 answered with Question No. 115.

Domiciliary Care Allowance Eligibility

Questions (124)

Peter Burke

Question:

124. Deputy Peter Burke asked the Minister for Social Protection the options available for a person (details supplied) who has exhausted the appeals process for domiciliary care payments but feels they are entitled to the full payment based on the scheme legislation; and if he will make a statement on the matter. [36584/16]

Written answers

Minister of State at the Department of Social Protection (Deputy Finian McGrath)

An application for domiciliary care allowance (DCA) was received from this gentleman on the 22nd January 2016. The application was not allowed as it was considered that the child did not meet the eligibility criteria for the allowance. A letter issued on 28th April 2016 outlining the decision in this case.

An appeal was lodged against this decision and as part of that appeal process, a review of the decision was undertaken by a deciding officer. He was notified on 19th September 2016 that following a re-examination of the application the original decision was upheld. The application was forwarded to the Social Welfare Appeals Office (SWAO) for the appeal to be processed and he was advised by the SWAO on the 15th November 2016 that the appeal against the decision had not been allowed.

The decision/appeal process for this application is now complete. A further review can be carried out if there is new or additional relevant information which was not available to the deciding and appeals officers when they made their decisions. Alternatively, it is open to him to re-apply for the allowance at any time.

Family Income Supplement Eligibility

Questions (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review of FIS will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [36593/16]

Written answers

Minister for Social Protection

In order to qualify for family income supplement (FIS), the applicant must be engaged in full-time remunerative employment as an employee for at least 38 hours per fortnight (19 hours per week).

An application for FIS was received from the lady concerned on 25th October 2016 but was disallowed on the grounds that she is not working the required number of hours.

A letter was issued to the person concerned on the 12th November 2016 in relation to this matter.

The person concerned has been in receipt of a weekly basic supplementary welfare allowance payment from her local community welfare service since 26th October 2016. She is further advised to contact her local citizen’s information service to discuss all available options and ensure that she is receiving the supports appropriate to her current circumstances.

Fuel Allowance Payments

Questions (126)

Bernard Durkan

Question:

126. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when fuel allowance will be paid in the case of a person (details supplied); and if he will make a statement on the matter. [36594/16]

Written answers

Minister of State at the Department of Social Protection (Deputy Finian McGrath)

Fuel Allowance is a payment under the National Fuel Scheme to help with the cost of heating a home during the winter months. It is paid to people who are dependent on long-term social welfare payments and who are unable to provide for their own heating needs. Only one Fuel Allowance is paid to a household.

Illness Benefit is a payment for people who cannot work due to illness and who satisfy the Pay Related Social Insurance (PRSI) contribution conditions. The person concerned is in receipt of this benefit since 18 August 2016. Illness benefit is classified as a short term scheme and, as such, is not a qualifying payment for fuel allowance.

Further information on long-term illness benefits, e.g. invalidity pension is available on my Department’s website, www.welfare.ie.

I hope this clarifies the matter for the Deputy.

Supplementary Welfare Allowance Payments

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 191 of 10 November 2016, the correct maximum payment due for the entire period in question in view of the family composition in the case of a person (details supplied); and if he will make a statement on the matter. [36616/16]

Written answers

Minister for Social Protection

Further to my response to PQ 191 of 10 November 2016, I am taking it that the period in question referred to in this question is the period for which the person concerned was overpaid supplementary welfare allowance. That period is 5 August 2010 to 21 November 2011.

The lady in question was paid carer's allowance at the weekly rate of €301.40 during this period. This was the maximum personal rate payable to a person caring for one care recipient with an increase for three qualified children.

I hope this clarifies the matter for the deputy.

Social Welfare Benefits Eligibility

Questions (128)

Mary Lou McDonald

Question:

128. Deputy Mary Lou McDonald asked the Minister for Social Protection the reason a person (details supplied) is not entitled to any social protection payment; and if he will make a statement on the matter. [36621/16]

Written answers

Minister for Social Protection

The person in question does not have a recent or current claim with the Department. He should, accordingly, contact his local Intreo Centre or Citizens Information Centre in Blanchardstown whereupon appropriate advice can be given to him in light of his prevailing domestic, personal and financial circumstances.

I trust that this clarifies the matter for the Deputy.

Departmental Programmes

Questions (129)

Willie O'Dea

Question:

129. Deputy Willie O'Dea asked the Minister for Social Protection the number of persons that transitioned from an activation programme to paid employment in 2015 and to date in 2016; and if he will make a statement on the matter. [36622/16]

Written answers

Minister for Social Protection

While systemised data are not readily available on employment outcomes on all programmes, some indicative figures are available. For example:

- The evaluation of JobBridge by Indecon (report published October 2016), shows on the basis of self-reported survey results that 64.2% of interns were currently in employment at the time of the survey. Overall, individuals similar to those who participated in JobBridge had a 36.6% probability of securing employment within one year, whereas the JobBridge interns’ probability of securing employment within one year increased to 48.4% (an 11.8 percentage point difference and a 32% increase in the probability of becoming employed).

- JobsPlus provides subsidies to employers for the full-time employment of those formerly long-term unemployed on the Live Register. In October 2016 there were 4,323 participants benefiting from JobsPlus.

- During 2015 3,100 (31%) of Community Employment leavers were reported to have progressed into employment.

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 unemployed people find and sustain employment. Ensuring that as many as possible of these jobs are taken up by unemployed people continues to be a major overarching objective of the activation policies set out in Pathways to Work 2016-2020.

Departmental Programmes

Questions (130)

Willie O'Dea

Question:

130. Deputy Willie O'Dea asked the Minister for Social Protection the number of persons that completed an activation programme and subsequently moved to another of his Department's activation programmes in 2015 and to date in 2016; and if he will make a statement on the matter. [36623/16]

Written answers

Minister for Social Protection

Given the need to manage the allocation of places effectively, the Department does not, in general, facilitate or encourage jobseekers to transfer from or leave one activation support scheme to take up a place on another activation support scheme.

While systematic data are not readily available on activation programme participants who subsequently move to another activation programme, some indicative figures are available. For example:

- The evaluation of JobBridge by Indecon (report published October 2016), shows on the basis of self-reported survey results that 3.1% of interns who had left JobBridge since it was established were on another employment activation scheme at the time of the survey.

- During 2015 600 (6%) Community Employment participants progressed on to education; some of these may have been supported under the DSP’s Back to Education Allowance (BTEA) scheme.

- A small number of BTEA participants progress from second level options to third level options.

I am satisfied that the allocation of activation resources as well as case officers’ efforts to match clients to suitable programmes minimises unwarranted movement onto another activation programme.

Departmental Agencies Staff Data

Questions (131)

Dara Calleary

Question:

131. Deputy Dara Calleary asked the Minister for Social Protection the number of vacancies on boards or agencies within his Department's remit that currently exist; the number that have been filled since 8 May 2016; the number of these that were filled through the Public Appointments Service; the timeline for filling remaining vacancies; and if he will make a statement on the matter. [36653/16]

Written answers

Minister for Social Protection

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Pensions Council, the Pensions Ombudsman (which does not have a board) and the Social Welfare Tribunal.

Currently, there are no vacancies on the boards of these statutory bodies.

I have made 8 board appointments, all of which were to the Citizens Information Board, since my appointment as Minister for Social Protection on 6th May 2016. 7 of these appointments were made through the Public Appointments Service. The remaining appointment was made in accordance with the Guidelines on Appointments to State Boards, published in 2014, which provide for circumstances where nominations for appointments to State Boards from key stakeholder organisations are involved. In this case the person appointed was a representative of the Money Advice and Budgeting Service (MABS).