Written Answers Nos. 342-356
342. Deputy Frank O'Rourke asked the Minister for Social Protection if he will permit self-employed persons to make voluntary contributions to enable them to claim jobseeker's payments; and if he will make a statement on the matter. [37488/16]
View answerSelf-employed people, who earn €5,000 or more in a contribution year, are liable to pay PRSI on a compulsory basis at the Class S rate of 4%, subject to a minimum annual payment of €500. This provides them with access to the following benefits: State pension (contributory), widow’s, widower’s or surviving civil partner’s pension (contributory), guardian’s payment (contributory), maternity benefit, paternity benefit and adoptive benefit.
In line with the commitment in the Programme for a Partnership Government to support entrepreneurship, I announced, in Budget 2017, the extension of cover for invalidity pension to the self-employed on the same basis as employees, with effect from December 2017. Gaining access to invalidity pension will provide the self-employed with a much stronger safety net to protect them in the event of long-term incapacity for work.
I also announced that the self-employed will have access to the treatment benefit scheme which provides partial dental, optical and aural services to qualified people, from March 2017. Treatment benefit entitlements will be extended further from October 2017 for both the self-employed and employees through the provision of additional dental and optical benefits. There will be no change in the PRSI contribution rate payable by the self-employed in 2017.
In 2017, my Department will carry out detailed work to establish how to provide a better safety net for self-employed workers who become unemployed.
Payment of contributions by the self-employed on a voluntary basis for benefits for which they are not covered for was examined by the Advisory Group on Tax and Social Welfare. In their report published in 2013, the Group concluded that extension on a voluntary basis, through either an ‘opt in’ or ‘opt out’ basis, could lead to the selection of bad risks and would undermine the social solidarity and contributory principles that underline the social insurance system. This recommendation will be further considered in the examination to be conducted by the Department. The outcome will be considered in a Budgetary context.
343. Deputy Pat Breen asked the Minister for Social Protection when a decision on a carer's allowance appeal will issue to a person (details supplied); and if he will make a statement on the matter. [37523/16]
View answerAs a result of an appeals officer’s decision, the person concerned was awarded carer’s allowance on 15 November 2016.
The first payments were issued to her nominated bank account on 24 November 2016.
Arrears of allowance due from 29 October 2015 to 23 November 2016 have also issued.
The person concerned was notified on 15 November 2016 of this decision.
I hope this clarifies the matter for the Deputy.
344. Deputy Thomas P. Broughan asked the Minister for Social Protection the number of applications for invalidity pension, partial capacity benefit, family income supplement and domiciliary care allowances his Department received in 2015 and to date in 2016; the number of those applications that have been approved, are pending or were refused in each of those years; and if he will make a statement on the matter. [37530/16]
View answerThe information requested by the Deputy is detailed in the table.
|
Invalidity Pension |
||||
|
Period |
Registered |
Awarded |
Disallowed |
Pending |
|
2015* |
9,454 |
7,691 |
5,070 |
1,559 |
|
31 October 2016 |
7,657 |
6,231 |
3,388 |
2,003 |
|
Partial Capacity Benefit |
|||||
|
Period |
Registered** |
Awarded |
Cancelled |
Disallowed |
Pending |
|
2015* |
964 |
775 |
79 |
38 |
72 |
|
25 November 2016 |
1,054 |
687 |
52 |
86 |
229 |
|
Family Income Supplement (New Claims) |
||||
|
Period |
Registered |
Awarded |
Disallowed |
Pending*** |
|
2015* |
31,191 |
21,779 |
9,208 |
1,984 |
|
31 October 2016 |
24,165 |
15,064 |
7,446 |
3,639 |
|
Family Income Supplements (Claim Renewals) |
||||
|
Period |
Registered |
Awarded |
Disallowed |
Pending |
|
2015* |
42,714 |
31,130 |
11,538 |
741 |
|
31 October 2016 |
41,985 |
29,614 |
11,687 |
1,425 |
|
Domiciliary Care Allowance |
||||
|
Period |
Registered |
Awarded |
Disallowed |
Pending |
|
2015* |
6,422 |
4,186 |
2,102 |
1,346 |
|
31 October 2016 |
6,255 |
4,081 |
1,440 |
2,059 |
*Pending claims at 31 December 2015.
**Partial Capacity Benefit is an administrative scheme and as such some claims registered are not uniquely identifiable, therefore the number received has been calculated as the number of claims processed in the periods reported on.
***Partial Capacity Benefit Claims still Pending from Illness Benefit Customers not included.
345. Deputy Fergus O'Dowd asked the Minister for Social Protection the reports commissioned by his Department since 2006 which while completed or are in final draft form have not been published; the reason they have not been published; the expected publication date; the cost to date of each such report; if tenders were invited; if it is not intended to publish any such report the reason for same; and if he will make a statement on the matter. [37554/16]
View answerThe information requested is currently being compiled within my Department and will be made available to the Deputy as soon as possible.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
346. Deputy Fergus O'Dowd asked the Minister for Social Protection his Department's position in relation to the three-day waiting period from the date of the first application of jobseeker's benefit, in which no moneys are back-dated when the application is processed; if he has future plans to back-date applications from the original application date; and if he will make a statement on the matter. [37576/16]
View answerWaiting days have been a long standing feature of the jobseeker’s schemes and are a feature of similar social security schemes in many countries. The application of a three-day waiting period avoids the disproportionately high administrative costs involved in processing large numbers of claims of a very short duration.
The waiting day rule is not applied in every case. For instance, a “period of interruption of employment” exists where a person is unemployed or sick for any three days (consecutive or not) within six days. Where a person is subject to intermittent spells of unemployment it would clearly be unreasonable to impose the three waiting days for each such claim.
Accordingly legislation enables, by means of a "linking rule", the aggregation of spells of unemployment so that the waiting period is confined to the first three days of the aggregate period of interruption of employment. Specifically, this linking rule provides that any two such periods of unemployment not separated by more than 26 weeks are treated as one such period. Consequently, where a person makes a repeat claim for jobseeker’s benefit within 26 weeks of their previous claim, the repeat claim links to the earlier claim and no waiting days apply.
I would emphasise that people who need financial support are not left without such support during ‘waiting’ days. A person who has no other income may claim supplementary welfare allowance in respect of the days in question.
While schemes and procedures are under continuous review, I have no plans at present to change the waiting days rule in respect of the jobseeker’s schemes.
347. Deputy Robert Troy asked the Minister for Social Protection if he will expedite an application for a disability allowance in respect of a person (details supplied); and if he will make a statement on the matter. [37590/16]
View answerThis lady has been awarded disability allowance with effect from 5 October 2016. The first payment will be made by her chosen payment method on 30 November 2016.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).
I trust this clarifies the matter for the Deputy.
348. Deputy Eugene Murphy asked the Minister for Social Protection if he will reinstate a social welfare inspector for the Tuam area as a matter of urgency (details supplied); and if he will make a statement on the matter. [37598/16]
View answerThere are two Social Welfare Inspector posts in Tuam and they cover the whole North Galway area. A vacancy in one of the posts arose as a result of the transfer of an Inspector to Galway City in August 2016.
My Department, like all Government departments and agencies, is required to operate within a staff ceiling figure and a commensurate administrative staffing budget.
Within these constraints, my Department is focusing on prioritising the filling of critical posts. The staffing needs for all offices of the Department are continuously reviewed, taking account of workloads, management priorities and the competing demands arising, to ensure that the best use is made of all available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department.
However, it has not been possible to date to fill all posts that have become vacant, including this post in Tuam. This position is under ongoing review.
The most urgent and longest outstanding claims in Tuam are being prioritised at present. If a customer is under financial pressure while awaiting a decision on a claim, it is open to them to contact the local Community Welfare Officer regarding Supplementary Welfare Allowance.
I hope this clarifies the matter for the Deputy.
349. Deputy Peter Burke asked the Minister for Social Protection if he will expedite an appeal for a person (details supplied). [37601/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15 November 2016. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be 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 appeal 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. If you require further assistance following the outcome of the appeal please do not hesitate to contact Philip in my office.
350. Deputy Peter Burke asked the Minister for Social Protection if he will expedite an appeal application for a disability allowance in respect of a person (details supplied). [37608/16]
View answerThis man has been awarded disability allowance with effect from 11 May 2016. The first payment will be made by his chosen payment method on 4 January 2017.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).
I trust this clarifies the matter for the Deputy.
351. Deputy Peadar Tóibín asked the Minister for Social Protection if his Department, or the agencies that report to his Department, entered into any non-disclosure or confidentiality agreements with any organisation due to court action or a threatened court action; and if so, the persons or groups with which these agreements exist. [37634/16]
View answerThe agencies under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Office of the Pensions Ombudsman, the Pensions Council and the Social Welfare Tribunal.
The subject matter of the question from the Deputy relates to non-disclosure or confidentiality agreements between my Department or its agencies with any organisation, such agreements having been entered into due to court action or threatened court action. The Deputy's question seeks the names of the persons or groups with which such agreements (if any) exist. Non-disclosure or confidentiality agreements can be a feature of settlements across a wide range of areas of litigation. The essence of such agreements is that they are confidential and not to be disclosed to third parties. Therefore, I do not think it would be appropriate to name individuals or organisations with whom any such agreements may be in place.
It is noted that the Deputy's question is open-ended as to timescale. It would not be feasible to engage in an analysis of all the legal cases in which my Department and its agencies have ever engaged to seek to determine (even on an anonymised basis) the number of such agreements.
352. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review of eligibility for carer's benefit can be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [37638/16]
View answerAs the Deputy will be aware the Carer's benefit is a payment for insured people who have recently left the workforce and are providing full-time care and attention to certain people who require that level of care.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence and that their earnings from employment or gross income from self-employment less expenses necessarily incurred, does not exceed €332.50 weekly.
I confirm that my Department received an application for carer’s benefit from the person concerned on 4 July 2016. The application was refused on the grounds that the person concerned was engaged in employment outside the home with earnings in excess of €332.50 per week.
She was notified on 12 November 2016 of this decision, the reasons for it and of her right of review and appeal.
If she has now reduced her hours of employment to the extent that her earnings are less than €332.50 weekly, she should forward evidence of this and her entitlement can be re-examined.
I hope this clarifies the matter for the Deputy.
353. Deputy Bríd Smith asked the Minister for Social Protection if any provision is made or can be made to persons in receipt of a British state old age pension, the real value of which has declined dramatically since Brexit, and who had this pension taken into account during a means test for benefits here. [37646/16]
View answerSocial Assistance payments act as a safety net for people who have insufficient income and who do not qualify for a contributory payment. The use of a means test is to ensure that scarce resources are directed to those in greatest need.
Payments from the United Kingdom (UK) are assessed as income under current legislation. In assessing means derived from payments received from non-European Monetary Union (EMU) States, the Department uses the conversion mechanism provided for under Article 107 of Council Regulation (EEC) No. 574/72 on Social Security for Migrant Workers. The exchange rates for converting sterling and other non EMU currencies are published quarterly in the Official Journal of the European Union. The Department obtains this rate at the beginning of each quarter and uses it in all conversions during the course of that quarter irrespective of whether the value of the currency concerned rises or falls in that period.
It is open to any person in receipt of a social assistance payment to request that his/her entitlement be reviewed if they wish. It is important to note, however, that any such review will involve a full reassessment of all of the customer’s means to ensure that the person continues to receive the correct payment in line with their overall entitlement and such reviews cannot of their nature just focus on the income derived from the UK. When conducting such a review, the conversion rate used is that applicable to the date of last increase in the sterling payment of the UK State Pension or the rate applicable in the subsequent quarter if that rate has been published by the date of the decision and is more favourable to the customer.
I hope this clarifies the matter for the Deputy.
354. Deputy John McGuinness asked the Minister for Social Protection if he will review the decision not to continue payment of disability allowance to a person (details supplied); and if an oral hearing will be arranged. [37762/16]
View answerFollowing a review of the entitlement of this lady, disability allowance (DA) was disallowed with effect from 3 November 2016 as she was deemed to have means in excess of the statutory limit for her circumstances. Disability allowance is a means tested scheme and the way means are assessed is laid down in social welfare legislation. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means. In summary, any income, with some exceptions, belonging to the person and her spouse/partner or co-habitant is assessable as means for disability allowance purposes.
The person in question has been advised of her right to appeal this decision to the social welfare appeals office.
I hope this clarifies the matter for the Deputy.
355. Deputy John McGuinness asked the Minister for Social Protection if a disability allowance will be approved in respect of a person (details supplied); and if he will make a statement on the matter. [37765/16]
View answerMy Department has no record of an application for disability allowance having being made by this lady. If the person in concerned wishes to make an application, she should fully complete and submit an application form (DA1) so that her eligibility may be determined.
If she has submitted an application for DA in the last few days, there is no need to reapply and my Department will be in touch with her in due course.
I hope this clarifies the matter for the Deputy.
356. Deputy Gerry Adams asked the Minister for Social Protection the status of the appointment of additional special advisers by him and Ministers of State in his Department. [37894/16]
View answerThere have been no additional special advisers appointed by me.
