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Thursday, 1 Dec 2016

Written Answers Nos. 182-194

Jobseeker's Benefit Eligibility

Questions (182)

John Brady

Question:

182. Deputy John Brady asked the Minister for Social Protection the way in which jobseeker's benefit is now calculated with the inclusion of previous earnings rather than means testing for a person; and if he will make a statement on the matter. [38099/16]

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Written answers

The jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The 2016 Estimates for my Department provide for expenditure this year on the jobseekers’ schemes of €2.8 billion.

Jobseeker’s allowance is a social assistance means tested payment. Jobseeker's benefit is a social insurance benefit. Social insurance benefits are not means tested payments but rather payments which are covered by pay related social insurance (PRSI) contributions. Jobseeker's benefit is paid for 9 months (234 days) for people with 260 or more PRSI contributions paid. It is paid for 6 months (156 days) for people with fewer than 260 PRSI contributions paid.

Since the extension of full social insurance cover to part-time workers from April 1991, a range of measures were introduced to the short-term illness and jobseeker’s benefit schemes in order to ensure that disincentives to employment were not created. In the absence of these measures, a situation would exist whereby many workers on low incomes would have access to weekly social welfare payments in excess of their income from employment. For instance, while someone earning €31.17 a week or more would have been liable for PRSI Class A contributions, the maximum personal rate of illness and jobseeker’s benefit in January 1993 was €70.60 a week, i.e. the social welfare benefits available could have been more than twice the level of income from employment for some people.

To overcome the potential disincentives involved, new arrangements were introduced from January 1993 to relate the rate of benefit payable to the level of the claimant’s earnings. These measures were regularly updated to keep pace with changes in benefit levels.

Jobseeker's Benefit rates are graduated according to an applicant’s earnings in the relevant tax year and reduced rates of jobseeker’s benefit are payable where the average reckonable weekly earnings are less than the prescribed amount. Under the current arrangements jobseeker’s benefit recipients with earnings of less than €300 per week in the relevant tax year – for claims in 2016, the relevant tax year is 2014 – get a personal rate ranging from €84.50 to €147.30, and reduced rates for qualified adults may also apply. Jobseeker’s benefit recipients with average earnings over €300 per week in the relevant tax year will receive a personal rate of €188 per week. Recipients of a graduated rate jobseeker's benefit payment can claim jobseeker's allowance instead of jobseeker's benefit if it is more beneficial.

Medical Aids and Appliances Provision

Questions (183)

Brendan Griffin

Question:

183. Deputy Brendan Griffin asked the Minister for Social Protection if a hearing aid will be provided to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38134/16]

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Written answers

Eligibility for medical appliance benefit is based on a person’s PRSI record. To qualify, a customer must have,

1. 260 Class A/E/H or P PRSI contributions paid since first starting work, and

2. 39 such contributions paid or credited in the tax year on which the claim is based.

According to our records, the customer in question has paid Class S contributions, and therefore is not eligible for medical appliance benefit at this time. However the treatment benefit scheme will be extended to self-employed contributors from March 2017 and the person concerned will be qualified at that time.

Alternatively, if the customer currently holds a Medical Card, he could contact his local HSE office, who will be able to advise him on his entitlements under their audiology scheme. Should you require further assistance with this query in the March next year please do not hesitate to contact my office.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (184)

Peter Burke

Question:

184. Deputy Peter Burke asked the Minister for Social Protection if he will expedite an application for carer's allowance for a person (details supplied). [38188/16]

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Written answers

An application for Carer's Allowance (CA) was received from the person concerned on 10 June 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 29 August 2016 of this decision, the reason for it and of his right of review and appeal. He requested a review of this decision and submitted additional evidence in support of his application. Following this review the decision remained unchanged.

The person concerned was notified of the outcome on 29 November 2016 and of his right of appeal. If you require any further assistance on this case please don’t hesitate to contact my office.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Applications

Questions (185)

Bernard Durkan

Question:

185. Deputy Bernard J. Durkan asked the Minister for Social Protection when an invalidity pension will be restored in the case of a person (details supplied); and if he will make a statement on the matter. [38195/16]

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Written answers

I confirm that my department received an application for disability allowance from this man on 7 November 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.

The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

I confirm this man was in receipt of disability allowance from 2002 to 2013. The claim was terminated with effect from 21 May 2013 as the claimant did not respond to a request from my department for information.

I trust this clarifies the matter for the Deputy.

Rent Supplement Scheme Payments

Questions (186)

Bernard Durkan

Question:

186. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason payment of rent allowance has been delayed in the case of a person (details supplied); and if he will make a statement on the matter. [38197/16]

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Written answers

The Rent Supplement payment for the client concerned is due to be released today. Rent supplement for this client will be paid out on the last Tuesday of every month.

I trust that this clarifies the issue for the Deputy.

Supplementary Welfare Allowance

Questions (187)

Bernard Durkan

Question:

187. Deputy Bernard J. Durkan asked the Minister for Social Protection if he will review the full circumstances of a person (details supplied); and if he will make a statement on the matter. [38202/16]

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Written answers

The person concerned was in receipt of supplementary welfare allowance pending the processing of a jobseekers allowance application. The person concerned did not disclose that she was in receipt of carers allowance at the maximum rate. Under the provisions of the carers allowance scheme, jobseekers allowance cannot be paid concurrently.

An application for the one parent family payment in May 2011 did not proceed as requested supporting documentation was not provided. There is no record of any other recent application being received from the person concerned for another social welfare payment.

I hope that this clarifies the matter for the Deputy.

Disability Allowance Eligibility

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Social Protection if an entitlement to disability allowance exists in the case of a person (details supplied); and if he will make a statement on the matter. [38207/16]

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Written answers

I confirm my department has no record of an application for disability allowance having being made by this man. If the person in concerned wishes to make an application, he should fully complete and submit an application form (DA1) so that his eligibility may be determined.

If he 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 him in due course.

I trust this clarifies the matter for the Deputy.

Disability Allowance Eligibility

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlements for a disability allowance or a disability benefit in the case of a person (details supplied); and if he will make a statement on the matter. [38208/16]

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Written answers

The person concerned is in receipt of illness benefit, formerly called disability benefit. This benefit is payable in respect of work incapacity where the person satisfies certain PRSI contribution conditions. The rate of payment is dependent on the person’s level of earnings in the contribution year governing the claim. The person concerned is being paid at the personal rate of €121.40 which reflects their average weekly earnings in the 2014 governing contribution year.

If the person concerned finds that their means are insufficient to meet their needs they may be eligible for assistance under the Supplementary Welfare Allowances Scheme. Application may be made to the Community Welfare Services at the local Intreo centre.

Disability Allowance is a means tested payment for persons with a disability which is expected to last for at least twelve months. Further details are on my department’s website www.welfare.ie.

I hope this clarifies the matter for the Deputy.

Exceptional Needs Payments

Questions (190)

Bernard Durkan

Question:

190. Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment will be arranged in the case of a person (details supplied); and if he will make a statement on the matter. [38210/16]

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Written answers

The designated officer has contacted the person concerned, has forwarded an application form for an emergency needs payment and advised that a decision will be made on receipt of the application form. Please contact my office if you require any further assistance with this case.

I hope this clarifies the matter for the Deputy.

Free Travel Scheme

Questions (191)

Bernard Durkan

Question:

191. Deputy Bernard J. Durkan asked the Minister for Social Protection if a companion travel pass will be made available in the case of a person (details supplied); and if he will make a statement on the matter. [38211/16]

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Written answers

There is no record of an application for a companion free travel pass from the person concerned. If and when an application is received entitlement to the companion pass will be fully assessed and the person concerned notified without delay.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Payments

Questions (192)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Social Protection if carer's allowance will be made available in the case of a person (details supplied); and if he will make a statement on the matter. [38227/16]

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Written answers

As the Deputy will be aware the Carer'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.

The department informs me that there is no recent application by the person concerned for carer’s allowance registered. If she wishes to make an application, she should complete and return the application form (CR1) that I have arranged to issue to her.

If she has already submitted an application in the past few days, there is no need to resubmit a new application and the Department will be in touch in relation to the application in due course.

I hope this clarifies the matter for the Deputy.

Community Employment Schemes Administration

Questions (193)

Mick Barry

Question:

193. Deputy Mick Barry asked the Minister for Social Protection if a person (details supplied) who was on a community employment scheme with a firm for three years and who was denied a Sunday premia can obtain a form of compensation for their loss; and the course of action the person can pursue to vindicate their rights in this regard. [38232/16]

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Written answers

There is a requirement on all employers, including Community Employment Sponsors, to comply with all relevant statutory and legal obligations. Participants on Community Employment (CE) are obliged to work 19.5 hours per week (39 hours per fortnight) with no additional payment funded by the Department.

Work patterns, particularly those outside the normal working week, must be agreed by the employer (CE Sponsor) with the participant.

If the person concerned has questions regarding his period of employment at Tromcheile Ltd., they should be addressed directly to Tromcheile Ltd.

I trust that this clarifies the issue for the Deputy.

Human Rights

Questions (194)

Seán Crowe

Question:

194. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the killing of a person (details supplied); if his attention has been further drawn to increasing levels of intimidation and violence human rights defenders face in Guatemala and the impunity that surrounds these crimes; and if he will raise the person's case and Ireland’s concerns for the security of all environmental and human rights defenders in Guatemala with his Guatemalan counterpart. [38081/16]

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Written answers

I am aware of the difficult situation currently facing human rights defenders in Guatemala, and I condemn unreservedly any intimidation or violence perpetrated against human rights defenders in Guatemala and elsewhere.

My attention has been brought to the specific case to which the Deputy refers, regarding the tragic killing of Mr. Jeremy Abraham Barrios Lima. Ireland does not have diplomatic representation in Guatemala, but my officials have raised this incident with the European External Action Service. The EU delegation in Guatemala has already contacted the Director of the Centre for Environmental and Social Legal Action of Guatemala (CALAS), to express its sincere condolences and obtain more information on the case. We continue to monitor the situation closely.

Only last week, officials from my Department met with Mr. Rafael Maldonado, a colleague of the late Mr. Barrios Lima, as well as members of Trócaire, in order to more deeply understand the difficulties faced by CALAS workers and other human rights defenders on the ground. Officials from my Department are in regular contact with organisations which are active in the Central American region, such as CALAS, and we greatly value and appreciate such engagement.

In keeping with Ireland’s commitment to the promotion and protection of human rights, we will continue to raise our concerns regarding threats against human rights defenders in discussions on Guatemala at EU and international level.

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