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Tuesday, 7 Mar 2017

Written Answers Nos. 278-292

Housing Assistance Payments

Questions (278, 279)

Bríd Smith

Question:

278. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government the position regarding tenants who are receiving rent support and are now being told they must move to HAP (details supplied). [11871/17]

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Bríd Smith

Question:

279. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government the position regarding a tenant who is being moved to the HAP scheme but wishes to remain on the local authority waiting list for a local authority home. [11872/17]

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Written answers

I propose to take Questions Nos. 278 and 279 together.

The nationwide rollout of the Housing Assistance Payment (HAP) scheme was competed with its introduction, on 1 March 2017, to the administrative areas of Dublin City Council, Fingal County Council and Dun Laoghaire Rathdown County Council. Eligible households in all 31 local authority areas can now avail of an immediate form of social housing support, with €153 million being made available for the scheme in 2017.

Upon commencement of the Housing Assistance Payment (HAP) scheme in a local authority administrative area, the availability of rent supplement support is altered and in general rent supplement will no longer be available to any new applicant households that have an identified long-term housing need.

The Department of Social Protection may request long term recipients of rent supplement to contact their local authority in order to have their housing need assessed which could potentially allow them to access HAP. Should a rent supplement recipient fail to engage with their local authority as requested, the Department of Social Protection may suspend, or ultimately cease, their rent supplement payment. Local authorities are working closely with local Department of Social Protection staff to transfer eligible households from the rent supplement scheme to HAP. The phased process of transferring households from rent supplement to HAP, which only begins after the scheme has been introduced and established in a local authority area for some months, is carefully managed in order to ensure that no gaps in support arise within the transfer process. While the operation of the rent supplement scheme is a matter for the Department of Social Protection, I understand that rent supplement has yet to be suspended or ceased due to the refusal of an existing landlord to accept HAP.

A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement with a HAP recipient. However, since 1 January 2016, a person cannot be discriminated against when renting because they are getting rent supplement certain other payments, including HAP. If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts.

Following the commencement of the provisions in the Housing (Miscellaneous Provisions) Act 2014, HAP is considered to be a social housing support and consequently households are not eligible to remain on the main housing waiting list. However, acknowledging that households on the waiting list who avail of HAP might have expectations that they would receive an allocated form of social housing support, Ministerial directions have issued to ensure that, should they so choose, HAP recipients can avail of a move to other forms of social housing support through a transfer list. With the completion of the HAP rollout and the ending of the scheme’s pilot phase, I recently signed a Ministerial Direction instructing Local Authorities to continue to offer HAP tenants access to other forms of social housing through the transfer list. This refreshed direction ensures that following completion of the HAP pilot phase, HAP tenants still get all the benefits of HAP and are no less likely to get a different form of social housing support.

The practical operation of transfer lists is a matter for each local authority to manage, on the basis of their scheme of letting priorities. The setting of such schemes is a reserved function of the local authority and as such is a matter for the elected members. I understand that the majority of HAP households do avail of the option to be placed on a transfer list. Since its statutory commencement in September 2014, some 240 households (at the end of December 2016) have transferred from the HAP scheme to other forms of social housing support.

Further information in relation to the HAP scheme is available on www.hap.ie.

Tax Code

Questions (280)

Noel Rock

Question:

280. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government if consideration will be given to introducing a vacant property tax as outlined by a charity (details supplied); and if he will make a statement on the matter. [11875/17]

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Written answers

Pillar 5 of the Government’s Rebuilding Ireland Action Plan for Housing and Homelessness is specifically focussed on Utilising Existing Housing Stock, with a key objective of ensuring that the existing vacant housing stock throughout the country and across all forms of tenure, in both the public and private sectors, is used to the optimum degree possible. In this regard, Action 5.1 of Rebuilding Ireland commits to developing a National Vacant Housing Re-Use Strategy by the first quarter of 2017, informed by Census 2016 data, to:

- inform the compilation of a register of vacant units across the country,

- identify the number, location and reasons for longer-term vacancies (i.e. over 6 months) in high demand areas, and

- set out a range of actions to bring vacant units back into reuse.

To this end, the Housing Agency which has lead responsibility for co-ordinating the development of the Strategy has established a working group, comprising senior representatives from my Department, local authorities and from the Housing Agency itself to inform the Strategy. The Working Group has met five times to date, and is considering a range of potential interventions with a view to facilitating and incentivising the greater re-utilisation of vacant properties. Ultimately, issues in relation to taxation are a matter for the Minister for Finance.

Furthermore, in relation to under-utilised and vacant lands, the Urban Regeneration and Housing Act 2015, enacted in July 2015, introduced a new measure , the vacant site levy, which is aimed at incentivising the development of vacant, under-utilised sites in urban areas. Planning authorities are empowered to apply an annual vacant site levy, from 2019 onwards, of 3% of the market value of vacant sites, exceeding 0.05 hectares in area - with reduced or zero rates of levy applying in specific circumstances – which, in the planning authority’s opinion, were vacant or idle in the preceding year, in areas identified by the planning authority in its development plan or local area plan for residential or regeneration development. The 3% rate of vacant site levy is consistent with the rate applied to derelict sites under the Derelict Sites Act 1990 and is considered reasonable, without being over-punitive, for the purposes of incentivising the activation of such sites for residential or regeneration purposes. In this regard, it is also worth noting that all levies due on an individual site remain a charge on the land concerned until all outstanding levies due are paid. Accordingly, there will be a cumulative effect associated with not activating a site for development purposes for each year a site remains vacant or idle.

Pyrite Remediation Programme

Questions (281)

Brendan Ryan

Question:

281. Deputy Brendan Ryan asked the Minister for Housing, Planning, Community and Local Government his plans to make more provision for the inclusion of level 1 homes in the pyrite remediation scheme; and if he will make a statement on the matter. [11954/17]

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Written answers

The Pyrite Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation scheme. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website (www.pyriteboard.ie).

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. In this regard, 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. This ensures that, having regard to available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave. I have no proposals to amend this eligibility criterion.

While dwellings with Damage Condition Ratings of 1 do not qualify under the scheme, some may be considered in accordance with the exceptional circumstance provisions set out in section 17 of the Act. Section 17 provides that exceptional circumstances may apply where:

- failure to include a dwelling with a Damage Condition Rating of 1 in the scheme may result in damage to a dwelling which is being remediated under the scheme, or

- pyrite remediation work is causing or may cause damage to the dwelling with the Damage Condition Rating of 1.

Where a dwelling with a Damage Condition Rating of 1 adjoins a dwelling with a Damage Condition Rating of 2, the Housing Agency will be notified and will consider if exceptional circumstances apply when the Remedial Works Plan is being drawn up; the Board will be informed of any recommendation for a decision in the matter.

County Development Plans

Questions (282)

Billy Kelleher

Question:

282. Deputy Billy Kelleher asked the Minister for Housing, Planning, Community and Local Government if he has received an application from Cork County Council to secure funds for the development of Monard, County Cork, which has been identified as the location of a new town on the county development plan; and if he will make a statement on the matter. [11998/17]

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Written answers

I have not received any request from Cork County Council in respect of funding for the development of the Strategic Development Zone designated by the Government at Monard and for which a Planning Scheme was approved by An Bord Pleanála in May 2016, details of which can be accessed at the following link http://www.pleanala.ie/casenum/ZD2012.html. This is a matter for the local authority to progress.

Seniors Alert Scheme

Questions (283)

Willie O'Dea

Question:

283. Deputy Willie O'Dea asked the Minister for Housing, Planning, Community and Local Government the number of persons availing of the senior alert scheme in each of the years 2013 to 2016; and if he will make a statement on the matter. [12010/17]

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Written answers

The objective of the Seniors Alert Scheme is to encourage support for vulnerable older people in our communities through the provision of personal monitored alarms to enable them to continue to live securely in their homes with confidence, independence and peace of mind. Funding is available under the Scheme towards the purchase by a registered community-based organisation of equipment, i.e. a personal alarm and/or pendant, which is provided to the elderly person participating, while the associated monitoring and service charges are the responsibility of the individual participant. The data relating to the number of persons availing of this scheme is set out in the following table:

Year

Number of Beneficiaries

2013

10,597

2014

7,120

2015

6,705

2016

7,301 

Social and Affordable Housing Data

Questions (284)

Barry Cowen

Question:

284. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of social housing units his Department estimates will be delivered each year through the Part V mechanism up until 2020; the number delivered in 2016; and the assumptions regarding housing output on which these estimates are based. [12177/17]

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Written answers

My Department publishes a range of statistics in relation to housing, including on Part V output which is available at the following link: http://www.housing.gov.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics. Information in respect of the full year of 2016 is currently being finalised and will be published shortly. It is anticipated that over the lifetime of the Action Plan, at least 4,700 new social homes will be delivered through the Part V mechanism. Under Pillar 3 of Rebuilding Ireland, the aim is to double the completion level of additional homes in the next four years to deliver over 25,000 homes on average per annum, which will potentially impact on Part V delivery, and therefore making assumptions regarding housing output on which to base Part V estimates is not straightforward. It depends to a significant extent on the profile of the delivered housing. For example, developments for nine houses or less are exempt from Part V, while there are other compliance options including the transfer of land.

Given our ambitious target to deliver 47,000 social homes over the period of Rebuilding Ireland, I am keen to see a strong delivery through all programmes, including Part V. Funding is in place to meet this delivery, including any increases that arise in private housing output. Accordingly, we will closely monitor the delivery of housing generally, and the options for housing providers for delivering on their Part V obligations, and we will adjust our targets for Part V social housing delivery in line with that delivery.

Free Travel Scheme

Questions (285)

Mattie McGrath

Question:

285. Deputy Mattie McGrath asked the Minister for Social Protection the position of Irish and EU law with respect to State subventions for the free travel pass scheme being paid to private transport operators; if there are any cut-off dates before which or after which the subvention must be paid; if any changes are being proposed for new private transport operators; and if he will make a statement on the matter. [11465/17]

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Written answers

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are currently approx. 874,000 customers with direct eligibility with an annual allocation of €80 million.

The free travel scheme was introduced in 1967. It is not operated as a public service obligation (PSO) and it does not confer any financial advantage on participating transport undertakings or place participating transport undertakings in a more favourable competitive position as regards non-participants. The scheme operates in an objective and transparent manner and on the basic premise that participants should be left no better or worse off as a result of the existence of the scheme. To this end, compensation under the scheme is calculated on the basis of fares foregone at a reduced rate to take account of travel generated by the free travel scheme. Those operators which participate in the scheme receive a payment from my Department significantly below the standard fare whereas those operators which do not participate in the scheme are free to charge full fare for all passengers. Operators and routes have to be commercially viable in their own right and cannot rely on payment from the free travel scheme as some form of subvention. Many countries including United Kingdom, Germany and France have concessionary travel for the elderly, and it is a feature of supports for older people in many EU member states. I am satisfied that the arrangements which apply in Ireland under our Free Travel scheme are consistent with EU law.

Payments to private transport operators who participate in the free travel scheme are made on the 7th of each month in respect of the previous month. The amount each operator receives is agreed following the survey of their route.

There are no new changes or conditions proposed for accepting new private transport operators into the free travel scheme at this time.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (286)

Michael Healy-Rae

Question:

286. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a long-term disability allowance in respect of a person (details supplied); and if he will make a statement on the matter. [11191/17]

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Written answers

This lady submitted an application for disability allowance on 15 February 2016.

The application, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 9 April 2016 and of her rights of review and appeal. No appeal/review was received.

If the person in question believes they may qualify, it is open to her to reapply by completing and submitting to my department the relevant application form (DA1).

I trust this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (287)

Michael Healy-Rae

Question:

287. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a disability allowance in respect of a person (details supplied); and if he will make a statement on the matter. [11211/17]

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Written answers

This lady has been awarded disability allowance with effect from 16 November 2016. The first payment will be made by her chosen payment method on 22 March 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.

Disability Allowance Applications

Questions (288)

Michael Healy-Rae

Question:

288. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a disability allowance in respect of a person (details supplied); and if he will make a statement on the matter. [11213/17]

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Written answers

I can confirm that my department received an application for disability allowance from this lady on 22 August 2016.

On 28 February 2017 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on her eligibility. On receipt of this information a decision will be made and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (289)

Michael Healy-Rae

Question:

289. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance in respect of a person (details supplied); and if he will make a statement on the matter. [11214/17]

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Written answers

The application for carer’s allowance in respect of the person concerned was awarded on 1 March 2017 and the first payment will issue to the person’s bank nominated post office on 9 March 2017.

Arrears of allowance due from 28 July 2016 to 8 March 2017 2017 were issued by cheque on 1 March 2017. The person concerned was notified of these details on 1 March 2017.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (290)

Michael Healy-Rae

Question:

290. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance in respect of a person (details supplied); and if he will make a statement on the matter. [11215/17]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision

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 trust this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (291)

Michael Healy-Rae

Question:

291. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal for a carer's allowance in respect of a person (details supplied); and if he will make a statement on the matter. [11216/17]

View answer

Written answers

The person concerned applied for carer’s allowance (CA) on 15 April 2016.

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.

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.

This application was disallowed on the grounds that she was not providing full-time care and attention because she was working outside the home in excess of 15 hours per week.

She was notified on 4 August 2016 of this decision, the reason for it and of her right of review and appeal.

She appealed this decision and the case was submitted to the Social Welfare Appeals Office for determination. An Appeals Officer (AO), having fully considered all of the available evidence, disallowed the appeal.

The person concerned was notified on 9 February 2017 of the AO’s decision and was provided at that time with an explanation of the basis for this decision.

Under Social Welfare legislation, the decision of an AO is final and conclusive and may only be reviewed in the light of additional evidence or new facts. If the person concerned has any additional evidence or new facts they wish to be considered they should submit them to the carer’s allowance area of my Department which is based in Longford.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Payments

Questions (292)

Tom Neville

Question:

292. Deputy Tom Neville asked the Minister for Social Protection the details of arrears due to a person (details supplied) with regard to an invalidity pension; when payment will issue; and if he will make a statement on the matter. [11231/17]

View answer

Written answers

The lady concerned has been awarded invalidity pension with effect from the 27 October 2016. Her first payment issued to her nominated bank account on the 09 February 2017 and all arrears due from the 27 October 2016 to the 08 February 2017 issued to her account on the 02 March 2017.

I hope this clarifies the matter for the Deputy.

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