Written Answers Nos. 627-639
627. Deputy Dara Calleary asked the Minister for Social Protection the waiting period at 31 December 2014, 31 December 2015 and 31 December 2016 for social protection appeals, under each different payment heading; and if he will make a statement on the matter. [1197/17]
View answerThe average appeal processing times for all appeals determined from 2014 to 2016 broken down by all social welfare scheme types is outlined in the following tables.
Significant effort and resources have been devoted to reforming the appeals process in recent years resulting in a marked improvement in overall appeal processing times. The average time taken to determine an appeal requiring an oral hearing reduced from a peak of 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015 and 24.1 weeks in 2016 and the average time taken to finalise an appeal decided by way of a summary decision dropped from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015 and 17.6 weeks in 2016.
Notwithstanding these improvements, the Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office and will continue to be monitored on an ongoing basis.
The quasi-judicial nature of the appeals system means that there are inevitable time-lags involved. However the system is designed to be flexible and fair and allows for review and submission of further information at all stages. The time taken is proportionate to the complexity of many of the issues under appeal which require a high level of judgement, and the need to ensure due process and natural justice.
I trust this clarifies the matter for the Deputy.
Appeals processing times by scheme 01/01/2014 – 31/12/14
|
- |
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
Adoptive Benefit |
17.1 |
- |
|
Blind Pension |
20.5 |
24.9 |
|
Carers Allowance |
30.1 |
34.4 |
|
Carers Benefit |
22.9 |
23.1 |
|
Child Benefit |
23.8 |
32.9 |
|
Disability Allowance |
20.8 |
26.7 |
|
Illness Benefit |
29.5 |
34.8 |
|
Domiciliary Care Allowance |
22.6 |
29.1 |
|
Deserted Wives Benefit |
- |
64.7 |
|
Deserted Wives Allowance |
- |
41.8 |
|
Farm Assist |
23.2 |
28.3 |
|
Bereavement Grant |
25.6 |
31.9 |
|
Family Income Supplement |
26.0 |
32.6 |
|
Invalidity Pension |
25.9 |
31.2 |
|
Liable Relatives |
21.5 |
33.2 |
|
One Parent Family Payment |
24.4 |
33.5 |
|
Maternity Benefit |
22.4 |
44.7 |
|
Partial Capacity Benefit |
48.5 |
48.5 |
|
State Pension (Contributory) |
25.2 |
41.9 |
|
State Pension (Non-Cont) |
20.3 |
29.4 |
|
State Pension (Transition) |
27.0 |
35.1 |
|
Occupational Injury Benefit |
33.6 |
33.7 |
|
Disablement Pension |
23.6 |
30.6 |
|
Occupational Injury Benefit (Medical) |
- |
53.9 |
|
Incapacity Supplement |
21.5 |
59.6 |
|
Guardian's Payment (Con) |
25.9 |
24.9 |
|
Guardian's Payment (Non-con) |
19.7 |
30.3 |
|
Pre Retirement Allowance |
17.3 |
- |
|
Jobseeker's Allowance (Means) |
18.1 |
27.5 |
|
Jobseeker's Allowance |
16.2 |
21.1 |
|
JA/JB Fraud Control |
12.1 |
- |
|
Jobseeker's Benefit |
16.7 |
21.1 |
|
Treatment Benefit |
20.8 |
- |
|
Respite Care Grant |
24.9 |
27.1 |
|
Insurability of Employment |
45.0 |
62.3 |
|
Supplementary Welfare Allowance |
14.4 |
22.1 |
|
Survivor's Pension (Con) |
20.2 |
32.5 |
|
Survivor's Pension (Non-Con) |
24.7 |
24.6 |
|
Widowed Parent Grant |
22.2 |
- |
|
All Appeals |
21.1 |
28.6 |
Appeals processing times by scheme 01/01/2015 – 31/12/2015
|
- |
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
Blind Person’s Pension |
21.1 |
30.7 |
|
Carers Allowance |
20.6 |
25.9 |
|
Carers Benefit |
19.7 |
21.8 |
|
Child Benefit |
24.8 |
34.7 |
|
Disability Allowance |
15.8 |
21.4 |
|
Illness Benefit |
26.3 |
33.1 |
|
Partial Capacity Benefit |
25.7 |
43.4 |
|
Domiciliary Care Allowance |
21.7 |
28.7 |
|
Deserted Wives Benefit |
19.7 |
26.2 |
|
Deserted Wives Allowance |
- |
16.2 |
|
Farm Assist |
21.0 |
28.6 |
|
Bereavement Grant |
65.7 |
26.0 |
|
Death Benefit (Pension) |
- |
22.6 |
|
Family Income Supplement |
19.4 |
27.7 |
|
Invalidity Pension |
26.2 |
28.4 |
|
Liable Relatives |
22.8 |
31.2 |
|
Maternity Benefit |
22.6 |
17.5 |
|
One Parent Family Payment |
22.9 |
33.9 |
|
State Pension (Contributory) |
26.0 |
46.0 |
|
State Pension (Non-Contributory) |
20.4 |
30.8 |
|
State Pension (Transition) |
80.1 |
53.4 |
|
Occupational Injury Benefit |
20.3 |
35.0 |
|
Disablement Pension |
23.7 |
35.3 |
|
Incapacity Supplement |
41.2 |
51.5 |
|
Guardian's Payment (Con) |
18.2 |
27.5 |
|
Guardian's Payment (Non-Con) |
18.7 |
31.0 |
|
Jobseeker's Allowance (Means) |
15.8 |
26.0 |
|
Jobseeker's Allowance |
15.2 |
21.9 |
|
JA/JB Fraud Control |
- |
46.1 |
|
BTW Family Dividend |
14.1 |
- |
|
Jobseeker's Transitional |
12.9 |
21.3 |
|
Recoverable Benefits & Assistance |
21.0 |
30.3 |
|
Jobseeker's Benefit |
14.3 |
21.2 |
|
Pre-Retirement Allowance |
15.0 |
- |
|
Treatment Benefit |
17.9 |
- |
|
Carer’s Support Grant * |
21.2 |
23.6 |
|
Insurability of Employment |
47.6 |
69.4 |
|
Supplementary Welfare Allowance |
13.1 |
23.5 |
|
Survivor's Pension (Con) |
24.1 |
46.6 |
|
Survivor's Pension (Non-con) |
23.7 |
38.3 |
|
Widows Parent Grant |
18.4 |
- |
|
All Appeals |
18.1 |
25.5 |
* Previously called Respite Care Grant
Appeals processing times by scheme 01/01/2016 – 31/12/2016
|
- |
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
Blind Person’s Pension |
18.2 |
33.8 |
|
Carers Allowance |
17.6 |
21.6 |
|
Carers Benefit |
20.7 |
22.4 |
|
Child Benefit |
22.1 |
38.2 |
|
Disability Allowance |
14.6 |
20.1 |
|
Illness Benefit |
27.2 |
34.3 |
|
Partial Capacity Benefit |
27.3 |
33.6 |
|
Domiciliary Care Allowance |
24.3 |
30.6 |
|
Deserted Wives Benefit |
13.0 |
32.8 |
|
Farm Assist |
21.9 |
26.0 |
|
Bereavement Grant |
23.1 |
- |
|
Death Benefit (Pension) |
19.7 |
- |
|
Liable Relatives |
14.0 |
16.9 |
|
Family Income Supplement |
20.4 |
25.5 |
|
Invalidity Pension |
21.3 |
28.2 |
|
Maternity Benefit |
18.9 |
21.7 |
|
One Parent Family Payment |
21.7 |
31.9 |
|
State Pension (Contributory) |
25.6 |
45.9 |
|
State Pension (Non-Contributory) |
22.7 |
32.9 |
|
State Pension (Transition) |
67.7 |
61.3 |
|
Occupational Injury Benefit |
25.0 |
31.9 |
|
Disablement Pension |
25.8 |
26.8 |
|
Incapacity Supplement |
27.7 |
50.9 |
|
Guardian's Payment (Con) |
15.8 |
24.5 |
|
Guardian's Payment (Non-Con) |
18.4 |
23.3 |
|
Jobseeker's Allowance (Means) |
16.7 |
25.5 |
|
Jobseeker's Allowance |
16.0 |
20.9 |
|
BTW Family Dividend |
21.0 |
- |
|
Jobseeker's Transitional |
19.0 |
22.3 |
|
Recoverable Benefits & Assistance |
32.5 |
31.6 |
|
Jobseeker's Benefit |
16.0 |
27.2 |
|
Treatment Benefit |
17.1 |
- |
|
Carer’s Support Grant * |
18.1 |
23.3 |
|
Insurability of Employment |
36.6 |
85.7 |
|
Supplementary Welfare Allowance |
15.0 |
24.1 |
|
Survivor's Pension (Con) |
16.6 |
28.8 |
|
Survivor's Pension (Non-con) |
18.4 |
23.4 |
|
Widows Parent Grant |
23.5 |
63.8 |
|
All Appeals |
17.6 |
24.1 |
* Previously called Respite Care Grant
628. Deputy Dara Calleary asked the Minister for Social Protection his policy in relation to part-time retained firefighters and their eligibility for jobseeker's allowance; and if he will make a statement on the matter. [1198/17]
View answerRetained (part-time) fire-fighters, provide services which are vitally important to their communities. Typically, these workers provide services in rural and less densely populated areas but larger urban centres may also have a cohort of part-time workers.
Retained fire-fighters who are otherwise unemployed are entitled to a jobseeker’s payment in respect of days that they are engaged in fire-fighting or training. They are, however, required to satisfy the statutory conditions for the receipt of a jobseeker’s payment of being available for and genuinely seeking work. Any person who fails to satisfy these conditions is not entitled to a jobseeker’s payment.
Taking account of the unusual circumstances of retained fire personnel the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 carried amendments to both jobseeker’s benefit and jobseeker’s allowance that put the treatment of retained fire fighters on a legislative basis. These amendments were introduced with particular regard to the vital service provided by this group, particularly in rural communities where the fire service is almost exclusively staffed by retained personnel.
This legislation provided that when a retained fire fighter is on call this will not result in a disallowance for a jobseeker’s payment on grounds of availability. It also provides that retained fire fighters are exempt from suffering a loss of a day of jobseeker’s payment for any day of firefighting employment. Finally, the legislation also provides an exemption for retained fire fighters from having to satisfy the substantial loss of employment condition under jobseeker’s benefit.
I am satisfied that the legislation and associated regulations allow retained fire-fighters a reasonable and fair level of access to the jobseeker schemes given the unique circumstances of the service they provide their communities.
629. Deputy David Cullinane asked the Minister for Social Protection if a person is employed on a part-time basis but does not have entitlement for jobseeker's allowance due to the fact they are working four days per week can be paid part-time job incentive in circumstances in which the person is refused jobseeker's allowance. [1209/17]
View answerTo qualify for a jobseeker’s payment a person must meet the conditionality for the schemes which include that you must be available for and genuinely seeking work and unemployed for at least 4 days out of 7 consecutive days. Any change to the 4 in 7 rule while potentially incentivising part time employment would reduce the incentive to progress off welfare and into full time employment.
Both the Jobseeker’s Benefit and the Jobseeker’s Allowance schemes provide significant support to individuals so that they can work up to 3 days a week. The Department through the Family Income Supplement also supports families with children who work at least 19 hrs per week. The combination of these schemes provides effective and considerable support for individuals.
To qualify for the part-time job incentive scheme a person must be in receipt of jobseeker's allowance for at least 390 days. In addition, a person must have been in receipt of a higher jobseeker's payment rate than the appropriate part-time job incentive supplement payable. The part-time job incentive supplement rate is €119 per week for a single person and €193.90 per week where an individual was getting an increase for a qualified adult. There is no increase for qualified children. Participants on the scheme are expected to continue to make efforts to find full-time work.
There are currently no plans to change the qualifying criteria for the part-time job incentive scheme but any proposed changes would have to be considered in a budgetary context and take into account potential behavioural changes by employees and employers and the wider labour market impact.
630. Deputy David Cullinane asked the Minister for Social Protection the number of full-time equivalent Civil Service workers in gross income ranges (details supplied) in his Department for each of the years 2007 to 2015. [1231/17]
View answerPlease find the number of employees by gross income range for the years requested in the following table.
|
Gross income range |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
|
0 to 30,000 |
2,880 |
2,642 |
2,581 |
2,489 |
3,553 |
2,964 |
2,731 |
2,743 |
3,312 |
|
30,000 to 40,000 |
1,321 |
1,478 |
1,538 |
1,673 |
1,678 |
2,062 |
2,128 |
2,148 |
2,106 |
|
40,000 to 50,000 |
945 |
1,025 |
1,048 |
1,227 |
1,264 |
1,572 |
1,591 |
1,560 |
1,490 |
|
50,000 to 60,000 |
534 |
578 |
617 |
535 |
551 |
1,268 |
1,247 |
1,238 |
1,207 |
|
60,000 to 70,000 |
59 |
74 |
220 |
76 |
62 |
85 |
97 |
105 |
183 |
|
70,000 to 80,000 |
114 |
92 |
100 |
105 |
106 |
170 |
180 |
173 |
156 |
|
80,000 to 90,000 |
56 |
91 |
51 |
34 |
48 |
59 |
48 |
26 |
58 |
|
90,000 to 100,000 |
29 |
19 |
41 |
37 |
40 |
46 |
43 |
34 |
31 |
|
100,000 to 125,000 |
30 |
46 |
47 |
16 |
10 |
14 |
10 |
5 |
14 |
|
125,000 to 150,000 |
6 |
6 |
4 |
3 |
6 |
9 |
7 |
6 |
9 |
|
over 150,000 |
2 |
2 |
4 |
1 |
2 |
3 |
2 |
2 |
2 |
Please note the number of employees in each range includes every person who received any salary payment during that year.
631. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a carer's allowance for a person (details supplied); and if he will make a statement on the matter. [1238/17]
View answerAn application for carer's allowance (CA) was received from the person concerned on 9 November 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.
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 11 January 2017 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
632. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason social protection payments to persons (details supplied) were reduced; and if he will make a statement on the matter. [1242/17]
View answerFollowing a review of the Farm Assist claim of the person concerned a Deciding Officer of the Department assessed his weekly means at €270.00 per week.
The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 12th January 2017. The person concerned has been notified of the arrangements for the 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.
634. Deputy Michael McGrath asked the Minister for Social Protection his Department's policy in relation to the payment to a person of a weekly State pension to which they are entitled in circumstances whereby the person owes a sum to the Revenue Commissioners under the income tax heading and has a payment arrangement in place with the Revenue Commissioners which is being honoured; and if he will make a statement on the matter. [1295/17]
View answerTo qualify for a State pension (contributory), a person must satisfy a number of qualifying conditions which include commencing insurable employment at least 10 years before pension age, having a minimum of 520 qualifying PRSI contributions and achieving a yearly average of at least 10 qualifying contributions, paid or credited, over their working life.
Social insurance contributions (Class S PRSI) were introduced for self-employed people on 6th April 1988. This provides cover for self-employed people for long-term benefits such as State pension (contributory) and widows/widowers pension (contributory).
Social welfare legislation stipulates that a self-employed contributor shall not be regarded as satisfying the qualifying conditions for State pension (contributory), unless all outstanding self-employment contributions have been paid by him/her in full. Where contributions are paid subsequent to a claimant’s 66th birthday, State pension (contributory) can only be awarded from the date on which the self-employment liability has been fully discharged. These provisions are consistent with the contributory and solidarity principles which underpin the social insurance system.
In the event that a person has not paid the required PRSI contributions to qualify for a State pension (contributory), they may make a claim to the State pension (non-contributory), subject to their satisfying the qualifying conditions for that payment. The maximum rate of that pension is 95% that of the maximum contributory pension rate, and while it is means-tested, over 70% of recipients receive it at the full rate. If a person only qualifies for this payment at a reduced rate, they will generally have more means, when the payment is taken into account, than a person wholly dependent upon the State pension.
The Deputy should note matters related to the collection of tax are outside the responsibility of my Department, and should be pursued with the Revenue Commissioners. Income tax and outstanding PRSI payable by a self-employed contributor is treated as one aggregate sum in accordance with the provisions of social welfare legislation.
I hope this clarifies the matter for the Deputy.
635. Deputy Michael Healy-Rae asked the Minister for Social Protection his views on the case of a person (details supplied) whose application for maternity benefit was refused; and if he will make a statement on the matter. [1310/17]
View answerAn application for maternity benefit from the person concerned was refused on the grounds that she was not in insurable employment at the time of her application. In order to qualify for maternity benefit, in addition to having met the PRSI contributions for the tax year relevant to the claim, the person concerned must also be in insurable employment that is covered by the Maternity Protection Act, 1994. The last day of insurable employment must be within 16 weeks of the end of the week the baby is due.
As the person concerned was last in employment on 18 November 2015, confirmed by her P45, and her baby was due on 14 April 2016 she was not in insurable employment within the 16 weeks of the end of the week in which her baby was due, her maternity leave could not be certified. She was notified of the decision to refuse maternity benefit on 12 May 2016.
She appealed the decision to the Social Welfare Appeals Office in June 2016, who carried out a full and independent review of the decision. The appeal was disallowed and she was informed of this decision by letter on 15 November 2016.
I hope this clarifies the matter for the Deputy.
636. Deputy Bernard J. Durkan asked the Minister for Social Protection when a child benefit payment will resume in the case of a person (details supplied); and if he will make a statement on the matter. [1317/17]
View answerThe person concerned first received child benefit in respect of her eldest children from June 2001, the month after her arrival in the State. Payment in respect of her next two children commenced in each case from the month following their birth.
In May 2016, a claim was received in respect of two additional children; who were born in 2011 and 2013. No reference had been made to these children in previous correspondence and their births were only registered on 16th May 2016.
Payment in respect of these two children was awarded from June 2016 in accordance with the Department’s late claims legislation. The person concerned was informed of the decision in writing and advised of her right of appeal. No further correspondence has since been received from her.
I hope this clarifies the matter for the Deputy.
637. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a carer's allowance appeal in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [1362/17]
View answerI confirm that my department received an application for carer’s allowance from the person concerned on 30 October 2015.
It is a condition for receipt of carer’s allowance that the person must be providing full-time care and attention to a person who requires that level of care.
It is also a condition that where the carer and care recipient live apart from each other, there must be a system of communication between their homes.
Based on the evidence available to the deciding officer, which included a social welfare inspector’s report, the application for carer’s allowance was disallowed on the grounds that none of these conditions were satisfied. The person concerned was notified on 20 June 2016 of this decision, the reason for it and of her right of review and appeal.
Following a review in September 2016, it was decided that the care recipient did in fact require full-time care and attention. However, there was still insufficient evidence to show that the carer was providing full-time care and attention or that a system of communication existed between the carer and care recipient’s homes.
The person concerned was notified on 29 September 2016 of the outcome and her right of appeal.
The person concerned has appealed this decision to the independent Social Welfare Appeals Office. A submission on behalf of the deciding officer has been prepared and forwarded to the Appeals Office for determination.
I hope this clarifies the matter for the Deputy. If you require any further assistance with this query please do not hesitate to contact Philip in my office.
638. Deputy Willie Penrose asked the Minister for Social Protection if a person (details supplied) in County Kildare can claim for jobseeker's benefit; and if he will make a statement on the matter. [1379/17]
View answerTo qualify for Jobseeker’s Benefit (JB), a person would need to satisfy certain Payment Related Social Insurance (PRSI) contribution conditions. According to our records, the person concerned does not satisfy the PRSI contribution conditions for the scheme. Should the person concerned wish to discuss the details of his case he may contact his local Branch Office.
I hope this clarifies the matter for the Deputy.
639. Deputy Willie Penrose asked the Minister for Social Protection the position regarding a social protection overpayment to a person (details supplied); the way in which this overpayment came about; the way in which it is calculated; and if he will make a statement on the matter. [1380/17]
View answerThe person concerned was in receipt of One Parent Family payment (OFP) from 01/04/2010 to 17/07/2013. OFP is a means tested payment which includes taking account of maintenance received and rent paid by the client.
In this instance, the person concerned moved to a new address on 23/02/2011, however, she failed to notify the Department until 21/09/2011. The new accommodation had a lower rent and, as a result, a recalculation of her means resulted in a reduced weekly OFP payment. The retrospective application of the new payment rate to 23/02/2011, has resulted in the overpayment notified.
I hope this clarifies the matter for the Deputy.
