Written Answers Nos. 211-227
211. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government the number of properties which have received a damage condition rating of one and those that have received a damage condition rating of two per estate; the number of applications which have been accepted onto the scheme, remediated, and approved for remediation; and if he will make a statement on the matter. [38822/16]
View answerThe latest figures available from the Pyrite Resolution Board indicate that 1,4 58 applications have been received under the pyrite remediation scheme, of which 1,077 have been approved for inclusion in the scheme as follows: -
- 275 are at remedial works planning stage,
- 44 are at tender / tender analysis,
- 35 are at tender decision,
- 211 are under remediation, and
- 512 are complete.
The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. It is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme.
Given that the scheme does not apply to dwellings which have a Damage Condition Rating of 1, the Pyrite Resolution Board does not maintain records on the number of properties that fall into this category. Nevertheless, the latest figures from the Board indicate that 10 dwellings, which had a Damage Condition Rating of 1 when their building condition assessments were first completed, and which were refused under the scheme, have now progressed to a Damage Condition Rating of 2; these dwellings, which are located across 5 different estates, have now been included in the pyrite remediation scheme following the submission of new applications. Details on individual estates, including the number of dwellings in each estate, are not provided to my Department under the agreed reporting arrangements with the Pyrite Resolution Board.
212. Deputy Eamon Ryan asked the Minister for Housing, Planning, Community and Local Government if he has written to the European Commission to notify it that the Government plans to introduce legislation to ban microbeads; and if he will make a statement on the matter. [38865/16]
View answerI informed Commissioner Vella by letter on 25th November last of my recent announcement that Ireland is beginning a process which will lead to a legislative ban on all products which contain microbeads in 2017. I subsequently forwarded a copy of my letter to Senator Grace O’Sullivan, who had tabled legislation on the issue in the Seanad.
The proposed legislative ban will be part of wide ranging legislation on the marine environment which will also contain legal provision for the designation of a broad range of marine protected areas. In addition, this legislation will also make necessary amendments to the Dumping at Sea Acts.
I expect my Department to begin a consultation on the proposed ban on microbeads shortly, involving engagement with all of the relevant stakeholders. I am conscious that any proposed ban has to be compatible with EU rules on the single market.
I would emphasise that because the issue of marine litter is transboundary in nature, the most effective solutions will be those which have the widest scope of implementation. In this regard, we will continue to engage with and support relevant initiatives at EU and OSPAR level. We will also work closely with the EU Commission on the issue of micro plastics as part of their wider plastics strategy in 2017.
Ireland will also continue to undertake significant research in this matter which will underpin a science-led approach in policy formulation and continue to support programmes which will heighten awareness of the problem and lead to positive societal behaviour change in this matter.
213. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the total amount of money given on the rural water programme, private well grants and new group water schemes funding per annum from 2010 to date in 2016 on a county basis, in tabular form; and if he will make a statement on the matter. [38871/16]
View answerThe information requested is being compiled and will be provided to the Deputy in accordance with Standing Orders.
The following deferred reply was received under Standing Order 42A
My Department recoups funding under the Rural Water Programme to local authorities who administer the programme on behalf of my Department. This recoupment includes grants for capital works and subsidies as a contribution towards the annual operational cost of the domestic element of group water schemes and grants towards the provision or necessary improvement of individual domestic water supplies (more commonly known as private wells).
The tables set out the amounts recouped by county under the programme over the period 2010 - 2016 as grants for new group water schemes only and grants towards the provision or necessary improvement of private wells.
The amounts in the tables do not include the administration and overhead costs of local authorities in administering the rural water programme (approx. €1.8m per annum) which are also recouped to local authorities by my Department.
2010
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€56,283.02 |
€115,293.10 |
|
Cavan |
€791,837.94 |
€8,126.32 |
|
Clare |
€492,737.28 |
€77,663.63 |
|
Cork |
€325,285.76 |
€617,215.22 |
|
Donegal |
€250,000.00 |
€8,126.32 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€5,221.16 |
|
Galway |
€0.00 |
€35,309.70 |
|
Kerry |
€527,833.64 |
€94,267.94 |
|
Kildare |
€19,042.55 |
€35,790.62 |
|
Kilkenny |
€26,949.14 |
€212,941.47 |
|
Laois |
€85,199.78 |
€72,551.98 |
|
Leitrim |
€232,036.69 |
€4,063.16 |
|
Limerick |
€0.00 |
€117,237.36 |
|
Longford |
€49,735.56 |
€23,664.35 |
|
Louth |
€0.00 |
€88,065.00 |
|
Mayo |
€110,000.00 |
€75,509.11 |
|
Meath |
€0.00 |
€222,701.71 |
|
Monaghan |
€0.00 |
€3,650.34 |
|
Offaly |
€495,485.93 |
€22,246.20 |
|
Roscommon |
€12,549.41 |
€8,126.32 |
|
Sligo |
€0.00 |
€0.00 |
|
South Dublin |
€0.00 |
€4,616.47 |
|
Tipperary |
€116,392.35 |
€31,382.78 |
|
Waterford |
€22,731.35 |
€115,557.92 |
|
Westmeath |
€0.00 |
€25,632.81 |
|
Wexford |
€238,362.83 |
€268,508.00 |
|
Wicklow |
€80,979.03 |
€205,891.01 |
|
Total |
€3,933,442.26 |
€2,499,360.00 |
2011
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€26,510.54 |
€52,700.54 |
|
Cavan |
€103,577.90 |
€48,589.14 |
|
Clare |
€91,574.29 |
€32,375.12 |
|
Cork |
€0.00 |
€532,783.55 |
|
Donegal |
€890,758.62 |
€16,252.64 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€4,500.20 |
|
Galway |
€0.00 |
€35,104.03 |
|
Kerry |
€0.00 |
€59,741.04 |
|
Kildare |
€0.00 |
€33,002.63 |
|
Kilkenny |
€0.00 |
€143,612.52 |
|
Laois |
€71,676.58 |
€60,742.49 |
|
Leitrim |
€102,772.87 |
€2,350.88 |
|
Limerick |
€0.00 |
€167,372.78 |
|
Longford |
€74,674.48 |
€10,796.01 |
|
Louth |
€0.00 |
€111,462.81 |
|
Mayo |
€128,566.61 |
€30,278.68 |
|
Meath |
€0.00 |
€261,135.99 |
|
Monaghan |
€0.00 |
€13,606.97 |
|
Offaly |
€352,584.73 |
€23,961.08 |
|
Roscommon |
€0.00 |
€7,152.78 |
|
Sligo |
€0.00 |
€0.00 |
|
South Dublin |
€0.00 |
€2,031.58 |
|
Tipperary |
€14,280.23 |
€60,141.97 |
|
Waterford |
€64,137.10 |
€161,901.13 |
|
Westmeath |
€224,281.32 |
€41,334.44 |
|
Wexford |
€0.00 |
€387,185.59 |
|
Wicklow |
€0.00 |
€219,707.61 |
|
Total |
€2,145,395.27 |
€2,519,824.20 |
2012
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€0.00 |
€143,684.66 |
|
Cavan |
€0.00 |
€20,295.24 |
|
Clare |
€3,656.71 |
€63,069.84 |
|
Cork |
€0.00 |
€441,818.16 |
|
Donegal |
€0.00 |
€14,064.48 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€4,914.41 |
|
Galway |
€0.00 |
€23,288.04 |
|
Kerry |
€28,575.71 |
€46,183.56 |
|
Kildare |
€0.00 |
€37,306.85 |
|
Kilkenny |
€8,126.32 |
€169,789.63 |
|
Laois |
€0.00 |
€53,522.24 |
|
Leitrim |
€182,046.28 |
€5,872.91 |
|
Limerick |
€0.00 |
€109,632.61 |
|
Longford |
€15,019.46 |
€11,681.32 |
|
Louth |
€0.00 |
€103,826.10 |
|
Mayo |
€0.00 |
€9,983.78 |
|
Meath |
€0.00 |
€97,619.81 |
|
Monaghan |
€0.00 |
€6,094.74 |
|
Offaly |
€0.00 |
€7,782.24 |
|
Roscommon |
€0.00 |
€32,445.04 |
|
Sligo |
€0.00 |
€53,706.73 |
|
South Dublin |
€0.00 |
€20,483.44 |
|
Tipperary |
€0.00 |
€85,475.46 |
|
Waterford |
€0.00 |
€142,200.69 |
|
Westmeath |
€21,839.58 |
€50,378.10 |
|
Wexford |
€0.00 |
€265,091.64 |
|
Wicklow |
€0.00 |
€113,118.91 |
|
Total |
€259,264.06 |
€2,133,330.63 |
2013
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€0.00 |
€69,234.79 |
|
Cavan |
€0.00 |
€31,718.05 |
|
Clare |
€0.00 |
€43,763.09 |
|
Cork |
€6,665.00 |
€414,293.90 |
|
Donegal |
€80,000.00 |
€8,876.32 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€3,958.67 |
|
Galway |
€0.00 |
€51,608.62 |
|
Kerry |
€12,750.12 |
€26,042.31 |
|
Kildare |
€0.00 |
€19,952.39 |
|
Kilkenny |
€45,329.62 |
€83,082.54 |
|
Laois |
€22,687.99 |
€43,635.79 |
|
Leitrim |
€32,458.17 |
€0.00 |
|
Limerick |
€0.00 |
€101,708.06 |
|
Longford |
€0.00 |
€17,602.75 |
|
Louth |
€11,050.00 |
€89,080.24 |
|
Mayo |
€4,462.07 |
€13,907.96 |
|
Meath |
€0.00 |
€97,328.42 |
|
Monaghan |
€0.00 |
€7,597.64 |
|
Offaly |
€0.00 |
€21,453.15 |
|
Roscommon |
€0.00 |
€8,126.32 |
|
Sligo |
€34,175.60 |
€11,347.28 |
|
South Dublin |
€0.00 |
€10,774.51 |
|
Tipperary |
€0.00 |
€72,062.09 |
|
Waterford |
€0.00 |
€123,880.24 |
|
Westmeath |
€11,902.98 |
€29,634.98 |
|
Wexford |
€0.00 |
€246,391.55 |
|
Wicklow |
€0.00 |
€178,937.64 |
|
Total |
€261,481.55 |
€1,825,999.30 |
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€0.00 |
€75,106.08 |
|
Cavan |
€0.00 |
€29,339.81 |
|
Clare |
€0.00 |
€35,649.17 |
|
Cork |
€0.00 |
€434,142.11 |
|
Donegal |
€0.00 |
€0.00 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€4,722.13 |
|
Galway |
€0.00 |
€31,188.89 |
|
Kerry |
€0.00 |
€23,515.98 |
|
Kildare |
€0.00 |
€36,047.82 |
|
Kilkenny |
€0.00 |
€148,336.26 |
|
Laois |
€16,317.40 |
€62,255.00 |
|
Leitrim |
€0.00 |
€14,184.16 |
|
Limerick |
€0.00 |
€148,343.40 |
|
Longford |
€3,554.70 |
€17,800.95 |
|
Louth |
€826.31 |
€117,325.64 |
|
Mayo |
€0.00 |
€19,942.99 |
|
Meath |
€0.00 |
€123,677.03 |
|
Monaghan |
€0.00 |
€8,022.84 |
|
Offaly |
€0.00 |
€6,728.10 |
|
Roscommon |
€0.00 |
€6,787.85 |
|
Sligo |
€0.00 |
€4,063.16 |
|
South Dublin |
€0.00 |
€14,604.28 |
|
Tipperary |
€0.00 |
€81,467.75 |
|
Waterford |
€0.00 |
€133,810.42 |
|
Westmeath |
€21,635.57 |
€33,367.60 |
|
Wexford |
€0.00 |
€269,277.60 |
|
Wicklow |
€0.00 |
€179,614.90 |
|
Total |
€42,333.98 |
€2,059,321.92 |
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€0.00 |
€82,532.04 |
|
Cavan |
€0.00 |
€27,683.00 |
|
Clare |
€2,607.92 |
€37,603.82 |
|
Cork |
€25,902.64 |
€573,214.98 |
|
Donegal |
€0.00 |
€33,341.06 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€9,566.32 |
|
Galway |
€0.00 |
€40,957.43 |
|
Kerry |
€13,338.72 |
€21,425.33 |
|
Kildare |
€0.00 |
€55,738.32 |
|
Kilkenny |
€0.00 |
€125,009.60 |
|
Laois |
€0.00 |
€50,068.76 |
|
Leitrim |
€0.00 |
€5,949.60 |
|
Limerick |
€0.00 |
€76,158.25 |
|
Longford |
€36,663.81 |
€9,639.59 |
|
Louth |
€0.00 |
€116,822.56 |
|
Mayo |
€0.00 |
€20,447.94 |
|
Meath |
€0.00 |
€164,211.86 |
|
Monaghan |
€0.00 |
€4,089.58 |
|
Offaly |
€0.00 |
€0.00 |
|
Roscommon |
€0.00 |
€16,189.79 |
|
Sligo |
€0.00 |
€2,031.58 |
|
South Dublin |
€0.00 |
€8,013.23 |
|
Tipperary |
€0.00 |
€92,905.71 |
|
Waterford |
€0.00 |
€134,006.81 |
|
Westmeath |
€2,814.23 |
€38,366.17 |
|
Wexford |
€0.00 |
€369,002.39 |
|
Wicklow |
€0.00 |
€85,645.31 |
|
Total |
€81,327.32 |
€2,200,621.03 |
|
County |
Grant for New Group Water Schemes |
Grant for Individual Domestic Water Supplies (Private Wells) |
|
Carlow |
€0.00 |
€94,250.71 |
|
Cavan |
€0.00 |
€22,391.82 |
|
Clare |
€0.00 |
€12,960.22 |
|
Cork |
€0.00 |
€448,290.72 |
|
Donegal |
€0.00 |
€15,020.44 |
|
Dun Laoghaire / Rathdown |
€0.00 |
€1,095.00 |
|
Galway |
€0.00 |
€30,398.04 |
|
Kerry |
€0.00 |
€29,151.55 |
|
Kildare |
€0.00 |
€71,318.38 |
|
Kilkenny |
€0.00 |
€31,370.66 |
|
Laois |
€0.00 |
€69,069.83 |
|
Leitrim |
€0.00 |
€0.00 |
|
Limerick |
€0.00 |
€148,901.69 |
|
Longford |
€14,883.36 |
€21,270.76 |
|
Louth |
€0.00 |
€110,425.11 |
|
Mayo |
€269,734.60 |
€6,206.99 |
|
Meath |
€0.00 |
€195,714.73 |
|
Monaghan |
€0.00 |
€16,437.39 |
|
Offaly |
€0.00 |
€32,323.90 |
|
Roscommon |
€0.00 |
€10,157.90 |
|
Sligo |
€0.00 |
€0.00 |
|
South Dublin |
€0.00 |
€9,994.91 |
|
Tipperary |
€15,300.00 |
€71,407.00 |
|
Waterford |
€0.00 |
€142,463.84 |
|
Westmeath |
€0.00 |
€52,396.28 |
|
Wexford |
€0.00 |
€241,674.52 |
|
Wicklow |
€0.00 |
€192,888.18 |
|
Total |
€299,917.96 |
€2,077,580.57 |
214. Deputy Peter Burke asked the Minister for Social Protection if a widow in receipt of a widow's pension and rental income is exempt from paying PRSI. [38711/16]
View answerWidows or widowers aged under 66 who are in employment generally pay PRSI contributions at Class A in line with other employees. Where such employees have rental income, they also pay PRSI at Class K (4%).
Widows or widowers aged under 66 who are self-employed pay PRSI contributions at Class S (4%) in line with other self-employed. Class S also applies to any rental income the self-employed may have.
Widows or widowers aged under 66 who are not in employment or self-employment but who have rental income pay PRSI contributions at Class S or Class K on that income. Class K applies where the widow or widower is in receipt of an occupational pension or survivors occupational pension.
PRSI is not payable at any rate on occupational pensions or survivors occupational pensions. Widows or widowers aged 66 and over do not pay PRSI on any income including rental income.
A range of social welfare entitlements are available for widows - none of which are subject to PRSI. Widows or widowers may qualify for widow’s, widower’s or surviving partner’s contributory pension, provided they satisfy the required qualifying conditions including meeting the condition relating to the number of paid PRSI contributions. In cases where they have insufficient paid PRSI contribution and have no children, they may qualify for the means tested widow’s, widower’s or surviving partner’s non-contributory pension. Increases may be payable for dependent children, where aged over 66 and over 80, as well as living alone allowance. The fuel allowance and the household benefits package may also be available. Widows, widowers or surviving civil partners with one or more dependent children living with them, may also qualify for a once-off widowed or surviving civil partner grant of €6,000.
216. Deputy Brendan Griffin asked the Minister for Social Protection when an invalidity pension will be granted to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38288/16]
View answerAn application for invalidity pension (IP) was received from the lady concerned on 5 October 2016. This lady is in receipt of a State pension with effect from 28 November 2016 and has been awarded IP with effect from 06 October 2016 to 27 November 2016. Payment of arrears due from 06 October 2016 to 27 November 2016 (less any overlapping social welfare payment and/or outstanding overpayment) will issue to her nominated bank account on 08 December 2016. The lady in question was notified of this decision on the 30 November 2016.
I hope this clarifies the matter for the Deputy.
217. Deputy John Brady asked the Minister for Social Protection the reason persons in receipt of illness benefit are exempt from receiving the Christmas bonus; and if he will make a statement on the matter. [38293/16]
View answer218. Deputy John Brady asked the Minister for Social Protection if he will consider awarding the Christmas bonus to persons in receipt of illness benefit, especially considering that some persons have been in receipt of this payment long term; and if he will make a statement on the matter. [38294/16]
View answerI propose to take Questions Nos. 217 and 218 together.
Payment of the 85% Christmas bonus to recipients of a long term Social Welfare payment, commenced in the first week of December. The payment of the bonus, at an estimated cost of over €220 million, will benefit approximately 1.2 million recipients including domiciliary care allowance recipients, social welfare pensioners, the long term unemployed, carers, people with disabilities and lone parents. It is intended that the bonus will benefit those who rely either wholly or mainly on their social welfare payments for financial support.
Illness benefit (IB), is primarily a short-term scheme and as such has never been a qualifying payment for the purpose of the Christmas bonus, recipients of long-term disability payments are eligible.
I hope this answers the Deputy’s questions.
219. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's benefit in respect of a person (details supplied); and if he will make a statement on the matter. [38295/16]
View answerI confirm that the Department received an application for carer’s benefit from the person concerned on the 20 October 2016. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
220. Deputy David Cullinane asked the Minister for Social Protection if there will be other instances in State pension, or otherwise, in which entitlement to pension payments on death of an LGBT spouse or a widow's pension payment is disregarded due to the inability to enter into a civil partnership or marriage, in view of the fact the law to provide such was not yet enacted and in view of the facts of a recent case (details supplied); and if he will make a statement on the matter. [38314/16]
View answerI am informed that the case referred to by the Deputy is an occupational pension scheme, which had a requirement that potential payees under the Widows benefits element be notified before a certain time. I understand that the European Court of Justice very recently ruled that there was no discrimination involved in the case.
Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties. Widows, widowers and surviving civil partners who become bereaved, therefore, in addition to the personal loss of their life partner, also lose someone who had legal duties towards them, and depending on the circumstances, may suffer financial loss as a result of that bereavement. It is on this basis that the social welfare code provides a pension to them, subject to certain conditions.
This scheme has evolved over time. While originally just for widows, an equivalent payment was subsequently introduced for widowers. More recently, with the introduction of civil partnership, my Department extended an equivalent support to surviving civil partners from 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force. The scheme now also includes bereaved spouses of legally married same-sex couples.
While the introduction of marriage equality legislation is a welcome step forward, it cannot have the effect of making previous relationships, which ended through bereavement before its introduction, marriages in the legal sense. It is not possible legally to retrospectively marry people, or to make them civil partners after the death of one of the couple.
There is no age criteria attached to the Widows, widowers and surviving civil partner’s pension, or criteria requiring such a marriage or civil partnership to have been entered into before a certain age. Provided a person was legally married or in a civil partnership at the time of the bereavement, and provided the other conditions such as PRSI are met, a person may qualify for a payment.
As regards the State pension, a pensioner’s partner may qualify for an Increase for a Qualified Adult if they are wholly or mainly maintained by them. This payment can be made regardless of whether they are married, in a civil partnership, or simply cohabiting. A cohabitant is one of two adults (whether of the same or opposite sex) who live together as a couple in an intimate and committed relationship and who are not close relatives.
I hope this clarifies the matter for the Deputy.
221. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a domiciliary care allowance in respect of persons (details supplied); and if he will make a statement on the matter. [38322/16]
View answerAn application for domiciliary care allowance was received from this lady on the 21st July 2016. This application satisfied the qualifying conditions for the allowance and a letter issued on the 9th November 2016 advising of the decision to award the allowance from 1st August 2016, the month following receipt of the application, as per the relevant legislation.
In order for backdating to be considered, it is required that good cause for the delay in submitting the application is shown. Where good cause is demonstrated, the application can be backdated by a maximum of 6 months. In the case of an application requesting backdating, the applicant may submit additional information and ask to have the decision reviewed, and/or they may appeal the decision directly to the Social Welfare Appeals Office.
222. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal on a rent supplement in respect of a person (details supplied); and if he will make a statement on the matter. [38323/16]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 8th November 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.
223. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for an invalidity pension in respect of a person (details supplied); and if he will make a statement on the matter. [38324/16]
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.
The Department received a claim for IP for the lady concerned on the 23 November 2016. The claim will be processed as quickly as possible and she will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
224. Deputy Catherine Murphy asked the Minister for Social Protection the policy in respect of recouping an overpayment to a person that is now deceased; if there is a statute of limitation; the appeals process in place; the way in which it is decided to apportion the overpayment to the deceased family; and if he will make a statement on the matter. [38349/16]
View answerThe Department of Social Protection makes every effort to ensure that the right person is paid the right amount of money at the right time. These principles are an integral part of the day-to-day work of my Department. Where overpayments of benefit or assistance arise, my Department seeks full recovery as quickly as possible.
The Social Welfare (Consolidation Act) 2005 makes provision for the recovery of any sum overpaid from the estates of deceased persons. In seeking recovery from the estate, the circumstances giving rise to the overpayment are taken into account by my Department, together with any views expressed by the personal representatives and/or family of the deceased persons. A social welfare debt will not become statute barred for recovery under these statutory provisions. Any person who has a material interest in such cases and who is dissatisfied with a decision giving rise to an overpayment of benefit or assistance, has a right of appeal to the Social Welfare Appeals Office.
Sections 335(a) and (b) of the Act provides that any benefit or assistance overpaid is repayable and that this obligation extends to any other person to whom the benefit was paid on behalf of that person, or the personal representative of that person. In general, the personal representative or the solicitor of the deceased person’s estate will contact my Department to arrange settlement of the outstanding overpayment. In every case the value of the estate is reduced by the funeral and legal expenses for which the estate is liable and recovery of the overpayment is then sought from the remaining assets. The issue of apportionment does not arise. Where insufficient assets are available to repaid the outstanding sums, the Department has powers to consider the write-off or write-down of the balance of the outstanding overpayment to reflect the circumstances.
In the event that the monies are not recovered by agreement, Section 339 (4) of the 2005 Act provides that civil proceedings can be taken within 6 years from the date on which the notice of intention to distribute the estate or the schedule of assets was received.
I hope this clarifies the matter for the Deputy.
225. Deputy Maureen O'Sullivan asked the Minister for Social Protection the instances in which persons' personal information is shared with third party companies; if PPS numbers, for instance, are treated with confidentiality; his Department's policy on sharing PPS numbers and personal details with contracted companies such as in the case of a person (details supplied); and if he will make a statement on the matter. [38363/16]
View answerMy Department contracts with a range of third parties including private companies to act as its agent for the purposes of transacting its business and with whom it shares customer information. These include my Department’s branch offices, the Local Employment Service (LES) companies as well as the JobPath companies.
As the Deputy will be aware, JobPath is an employment activation service that supports people who are long-term unemployed and those most at risk of becoming long-term unemployed to secure and sustain paid employment. The JobPath service supplements the internal case management capacity of the Department’s Intreo offices and that delivered under contract by Local Employment Service companies.
Shared information may include such things as the person’s PPS number, name, contact details, gender, education, work experience and welfare claim details. All such information is treated confidentially. The purpose of sharing this information is to assist in the development of tailored personal progression plans for individual jobseekers in order to support them back into paid employment.
The JobPath companies may use personal data only for the purposes of delivering the services for the Department. Employees of the JobPath companies, and their subcontractors, are subject to the same data protection laws as departmental staff. Data is transmitted securely from the Department to the companies using secure Departmental approved transmission channels. The JobPath companies are registered with the Office of the Data Protection Commissioner and are subject to the provisions of data protection legislation. The providers are obliged to observe the principles of data protection, which requires that personal data is used solely for the purposes for which it is collected. Any breach or suspected breach of the data protection legislation will be a matter for the Office of the Data Protection Commissioner.
I hope this clarifies the matter for the Deputy.
226. Deputy Brendan Griffin asked the Minister for Social Protection if a domiciliary care allowance award in respect of a person (details supplied) in County Kerry will be backdated; and if he will make a statement on the matter. [38402/16]
View answerAn application for domiciliary care allowance was received from this lady on the 21st July 2016. This application satisfied the qualifying conditions for the allowance and a letter issued on the 9th November 2016 advising of the decision to award the allowance from 1st August 2016, the month following receipt of the application, as per the relevant legislation.
In order for backdating to be considered, it is required that good cause for the delay in submitting the application is shown. Where good cause is demonstrated, the application can be backdated by a maximum of 6 months. If this lady considers that there is good cause for the delay in making her claim and wishes to have the backdating of payment considered, she should submit additional information and ask to have the decision reviewed, or she may appeal the decision directly to the Social Welfare Appeals Office.
227. Deputy John McGuinness asked the Minister for Social Protection if maintenance payments due by a person (details supplied) will be deducted from their benefit payment and paid to the person's spouse. [38417/16]
View answerThe issue of maintenance payments is first and foremost a private matter for the persons concerned under Family Law.
Where a lone parent is in receipt of the One-Parent Family Payment (OFP), my Department has a statutory requirement to carry out an assessment against the Liable Relative (other parent) and issue a Determination Order for them to pay a contribution either to my Department or to the lone parent, if the criteria is met. These provisions do not replace the obligations of parents under Family Law in relation to maintenance.
With respect to the case referred to by the Deputy, the Department carried out an assessment, as required. Based on this assessment, the person was found to have no current liability to my Department due to insufficient income. As in all such cases, my Department will keep the liable relative’s circumstances under review over the course of the OFP payment to the other relative.
I hope this clarifies the matter for the Deputy.
