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Tuesday, 2 May 2017

Written Answers Nos. 517-36

Local Authority Members' Remuneration

Questions (517)

Barry Cowen

Question:

517. Deputy Barry Cowen asked the Minister for Social Protection if a person elected as a councillor that is already paying an S stamp will receive additional credits or benefits when they begin paying the new S stamp. [20520/17]

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Written answers

I was pleased to introduce Regulations last December whereby county councillors were brought, in their capacity as public representatives, into social insurance cover for the first time with effect from January 1 of this year. The new arrangements (PRSI Class S payable at 4%) apply to all county councillors other than those aged 66 and over and those who are, in conjunction with their membership of a county council, permanent and pensionable civil and public servants recruited before April 1995.

Prior to the introduction of the new arrangements, county councillors had been, since 2011, liable to pay PRSI at Class K (4%) along with other office holders such as members of the Houses of the Oireachtas and the judiciary. PRSI Class K contributions do not provide cover for any social insurance benefit or pension. I introduced the new arrangements in recognition of the fact that county councillors do not have access to occupational pensions arising from their role as public representatives and that, therefore, it was important that county councillors were covered for social insurance pensions. County councillors are no longer liable to make a PRSI Class K contribution.

Social insurance contributors can be awarded a maximum of 52 contributions each year. Where, for example, someone has two (or more) concurrent employments each of 52 weeks duration in a given year, a maximum of 52 contributions are awarded for access to benefits and pensions. Similar arrangements apply where an individual is both an employee and self-employed. As the maximum of 52 Class S contributions are awarded each year for self-employed contributors regardless of the actual number of weeks of self-employment (subject to a minimum paid contribution of €500) two concurrent occupations both paying Class S contributions do not give rise to additional credits or benefits for the contributor.

The position, therefore, in respect of county councillors is as follows:

County councillors who do not have another insurable employment or self-employment now pay Class S and are now covered, as self-employed contributors, for the State Pension (contributory) and Widow’s, Widower’s or Surviving Civil Partner’s Pension (contributory), Guardian’s Payment (contributory), Maternity Benefit, Adoptive Benefit, Paternity Benefit, Treatment Benefits (from March 2017) and Invalidity pension (from December 2017).

County councillors who are concurrently engaged in other types of insurable self-employment will be treated in the same way as all other people with multiple self-employments. A maximum of 52 Class S contributions will be recorded on their social insurance record. Typical examples are individuals who are engaged in two unrelated self-employments or who have earned and unearned self-employment income or certain company directors who pay Class S (under Schedule E) in their role as directors and Class S (under Schedule D) on income which might or might not be related to their shareholding in a company.

County councillors who are also engaged in insurable employment or employments, (such employments typically paying Class A) will be treated in the same way as other individuals who are in concurrent insurable employment and insurable self-employment. 52 Class S contributions will be due but this number will be reduced by the number of Class A contributions from insurable employment so that the overall total is no more than 52. This arrangement is to the benefit of the individuals concerned and reflects the fact that a wider range of benefits are available under Class A.

In Budget 2017, I was pleased to announce a number of measures which will benefit the self-employed, including Councillors. From March 2017 the self-employed have had access to the treatment benefit scheme which includes free eye and dental exams, and contributions towards the cost of hearing aids. Treatment benefit entitlements will be extended for both employees and the self-employed from October 2017 providing further dental and optical benefits.

More significantly, self-employed contributors will be eligible for the invalidity pension from December 2017. For the first time, this will give the self-employed access to the safety-net of State income supports if they have a serious illness or injury that prevents them from working without having to go through a means test. This is a real advance in the level of cover available to the self-employed, including county councillors.

I look forward to introducing further improvements for the self-employed in line with our commitments in the Programme for a Partnership Government.

Community Employment Schemes Operation

Questions (518)

Fergus O'Dowd

Question:

518. Deputy Fergus O'Dowd asked the Minister for Social Protection if he will address concerns raised (details supplied) in relation to community employment schemes. [19147/17]

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Written answers

My Department provides a range of activation supports catering for long-term unemployed jobseekers and those most distant from the labour market. These supports include Community Employment (CE) and JobPath.

CE provides part-time temporary work in local communities, including opportunities for training and development as a stepping-stone back to employment, for people in receipt of a range of social welfare payments, including those on a long-term jobseeker’s payment. These schemes help to break the cycle of unemployment and improve a person’s chances of returning to the labour market. I am also conscious of the valuable contribution the schemes are making in the provision of services to individuals and communities across Ireland.

Job Path aims to place people into full-time sustainable employment. The period of engagement with the service for any individual is typically 52 weeks. During that time they receive intensive individual support to help them overcome barriers to employment.

Jobseekers can only participate in one activation scheme or service at a time. This is to ensure that the scheme and service providers have sufficient time to work with the participants and also that the best use is made of the available places. Persons who are engaged with the JobPath programme are ineligible for CE for the duration of their participation on this service, but can be considered for CE following their time with Jobpath.

The CE scheme referred to by the Deputy has approval for 26 participants with 22 currently employed. A number of recruitment events are planned by the local Intreo office over the coming weeks which will provide an opportunity to identify potential candidates to fill the vacancies on the scheme. My Department will continue to provide support in relation to recruitment and the operation of the scheme. If the scheme wishes to raise issues relating to filling vacancies, officials in their local Intreo office will be happy to assist them.

Following the recent publication of my Department’s report - An Analysis of the Community Employment Programme - nationwide consultations with stakeholders are underway. CE sponsors are being invited to these engagement sessions, as are local public representatives. Staff from my office will be in touch this week with an invitation to this event. If you require any further details on this query please do not hesitate to contact Philip.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (519)

Michael Ring

Question:

519. Deputy Michael Ring asked the Minister for Social Protection when departmental papers and the comments of the deciding officer regarding a State pension contributory claim by a person (details supplied) will be submitted to the social welfare appeals office. [19158/17]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th January 2017. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers have been received in the Social Welfare Appeals Office on 4th April 2017 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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.

Community Employment Schemes Supervisors

Questions (520)

Michael Healy-Rae

Question:

520. Deputy Michael Healy-Rae asked the Minister for Social Protection if he will address issues with regard to pensions for community employment supervisors (details supplied); and if he will make a statement on the matter. [19166/17]

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Written answers

Community Employment (CE) supervisors are not employed by my Department – rather they are employees of private companies in the community and voluntary sector. Contracts with CE sponsors and my Department are subject to the continuing availability of funding. The period for which a CE sponsor contracts with the supervisor is a matter between those two parties. In general, it is important that supervisors contracts reflect that the positions are subject to continued funding from the Department of Social Protection.

The Deputy should note that, in the past, CE supervisors have benefited from pay increases linked to all phases of Benchmarking, Sustaining Progress (Parts 1 and 2) and Towards 2016 (all 4 phases). It is also worth noting that CE supervisors experienced no reduction in pay over recent years as a result of other public sector adjustments.

Given that CE supervisors are employees of private companies in the community and voluntary sector, the State is not responsible for funding pension arrangements for such employees even where the companies in question are reliant on State funding. It is open to individual CE supervisors to make provision for a pension by way of PRSA which all employers are obliged to facilitate.

Nevertheless, the issue of CE supervisors’ pension provision is currently being examined by a Community Sector High Level Forum under the auspices and chairmanship of the Department of Public Expenditure and Reform. My Department is represented on this group, as are IMPACT and SIPTU, the Department of Environment and Pobal. The Forum last met on 7 April, 2017 and I understand that their work is on-going.

I trust this clarifies the matter for the Deputy.

Question No. 521 withdrawn.

Carer's Allowance Applications

Questions (522)

Michael Healy-Rae

Question:

522. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a carer's allowance application by a person (details supplied); and if he will make a statement on the matter. [19296/17]

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Written answers

I confirm that my Department received an application for carer’s allowance (CA) from the person concerned on 15 February 2017.

The application was referred to a local social welfare inspector (SWI) on 25 April 2017 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied. Once the SWI has reported, a decision will be made and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Employment Support Services

Questions (523)

Michael Healy-Rae

Question:

523. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason for the refusal of a turas nua extension in respect of a person (details supplied); and if he will make a statement on the matter. [19298/17]

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Written answers

The State’s employment activation service is delivered directly by the Department’s Intreo service and under contract arrangements by the JobPath service, the Local Employment Service (LES) and Job Clubs. The JobPath service complements the service provided by my Department’s own staff in Intreo Centres and by the Local Employment Service providers.

This customer was referred to the JobPath Service in February 2016 where he agreed a personal progression plan with his Personal Advisor that included a schedule of activities, actions and job-focused targets taking into account his employment preferences. JobPath engagement lasts for a total of 52 weeks, if a customer has been unable to find fulltime employment in that period, as was the case with this customer, then they are referred back to their local Intreo office for further activation assistance as appropriate. A detailed Exit Report detailing this customer’s progressions throughout the year was provided by Turas Nua to his local Intreo Office and a Case Officer from my Department will continue to work with this customer and provide support and assistance based on this report and any other needs the customers may require.

Clients are randomly selected for participation on JobPath and the currently policy precludes the selection of anyone who has already completed JobPath within the previous six months. This gives customers the opportunity to explore my Department’s other activation options in conjunction with their Case Officers.

I hope this clarifies the matter for the Deputy.

Pension Provisions

Questions (524)

Marcella Corcoran Kennedy

Question:

524. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection if the 22 years spent working in the public sector by a person (details supplied) can be weighted to pension entitlement following commencement of employment with a new State agency; and if he will make a statement on the matter. [19306/17]

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Written answers

I understand the question may refer to the insertion of Section 59H in the Social Welfare and Pensions Act 2013 which gives trustees the power to amend the scheme rules in certain circumstances in order to deal with issues around integration of occupational pensions with the State pension and bridging pensions.

My Department has no involvement in the matter enquired of by the Minister. However, the Department of Public Expenditure and Reform has advised that in April 2016 it issued Circular 15 of 2016 which provides guidance on the application of the relevant subsections of the 2013 Act.

The inquiry posed by the Minister could only be answered by the individual’s current employer following consideration of the contents of that circular together with more comprehensive employment detail than provided in the question. Accordingly, the individual concerned should consult directly with his employer to progress the matter further.

I hope this clarifies the matter for the Minister. If you require any further assistance with this query please do not hesitate to contact my office.

Community Employment Schemes Data

Questions (525)

Pearse Doherty

Question:

525. Deputy Pearse Doherty asked the Minister for Social Protection the number of community employment scheme placements in County Donegal that are currently vacant and waiting to be filled; the number of such placements which have been vacant for three months, six months, nine months, 12 months and longer than 12 months, in tabular form; and if he will make a statement on the matter. [19318/17]

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Written answers

At any point in time, there will be vacancies on Community Employment (CE) schemes at the various stages of being filled. The first stage involves the Employer (sponsor) advertising the vacancy on the Department’s JobsIreland website. This is a free service to all employers and in the case of CE the vacancy is generally advertised in advance of the vacancy arising. The next stage is where the employer has identified suitable candidates and is in the process of interviewing these individuals and finally, where Garda vetting is required some positions remain vacant until the vetting process has been completed.

As of 28th April 2017 there were 36 community employment scheme placements in County Donegal advertised on the JobsIreland website.

Of the 36 places that are advertised as vacancies, 3 have recently been filled, 11 have been vacant for one month or less, 15 have been vacant for three months or less, 4 have been vacant for six months or less and 3 have been vacant for nine months or less. There are no vacancies currently advertised on JobsIreland in Donegal that have been vacant for twelve months or more.

The table reflects the current position in County Donegal.

CE vacancies in Co. Donegal 28th April 2017

Duration

Number of Vacancies

1 month or less

11

3 months or less

15

6 months or less

4

9 months or less

3

Should a sponsoring body encounter any difficulty in filling their CE vacancies they should contact their local Intreo centre who will be happy to help.

I trust that this clarifies the matter for the Deputy.

Community Employment Schemes Data

Questions (526)

Pearse Doherty

Question:

526. Deputy Pearse Doherty asked the Minister for Social Protection the number of refusals per county which have been made in respect of persons seeking to take up a placement through the community employment scheme for each month in 2016 and to date in 2017, in tabular form; and if he will make a statement on the matter. [19319/17]

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Written answers

Sponsors of Community Employment (CE) schemes advertise CE vacancies free-of-charge on the Department's JobsIreland website, www.jobsireland.ie. Posting vacancies is a relatively simple process and a dedicated video tutorial is available on the site to assist sponsors. Anyone requiring further assistance can contact my Department’s National Contact Centre by phone at Lo Call 1890 800 024 or (01) 248 1398, or by email at jobsireland@welfare.ie.

Jobseekers can view CE vacancies online. Eligible candidates are referred to sponsors by case officers in the local Intreo Centres. The sponsor then interviews potential candidates and notifies the candidates of the selection process outcome.

My Department does not refuse places on CE schemes. The primary role of the Department in relation to the filling of vacancies is to check the person’s eligibility to participate. Once a person is deemed eligible, it is the sponsor’s responsibility to recruit the approved number of participants.

Where a scheme is having any difficulty in recruiting suitable candidates, they should contact their local Intreo Centre who will be happy to assist with the process.

I trust this clarifies the matter for the Deputy.

Maternity Benefit Applications

Questions (527)

John McGuinness

Question:

527. Deputy John McGuinness asked the Minister for Social Protection the reason maternity benefit was refused in the case of a person (details supplied); if time spent in full-time education and employment with a company (details supplied) will be considered; and if the fact the person had to finish work earlier than expected will qualify her for any other benefit. [19351/17]

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Written answers

The person concerned does not qualify for maternity benefit as she has less than the required 39 weeks paid contributions recorded in the year prior to going on her maternity leave. According to her maternity benefit application form and the records of the Department she commenced employment on 13th September 2016 and her maternity leave commenced on18th March 2017, giving her a total of 26 weeks paid contributions.

Time spent in fulltime education does not confer entitlement to maternity benefit and is not considered when deciding a maternity benefit claim.

I hope this clarifies the matter for the Deputy.

Fire Service Staff

Questions (528)

Michael McGrath

Question:

528. Deputy Michael McGrath asked the Minister for Social Protection the rules that apply in relation to the eligibility of persons who are retained fire fighters for jobseeker's benefit and allowance; and if he will make a statement on the matter. [19388/17]

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Written answers

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.

Family Income Supplement Applications

Questions (529)

Willie O'Dea

Question:

529. Deputy Willie O'Dea asked the Minister for Social Protection the status of an application by a person (details supplied) for family income supplement; and if he will make a statement on the matter. [19395/17]

View answer

Written answers

A Family Income Supplement (FIS) claim was registered for the person concerned on the 28th March 2017.

The person concerned has now been awarded FIS amounting to €379.00 per week from 30th March 2017 to 28th March 2018.

Arrears of FIS due have been issued to the claimant’s nominated bank account this week.

I trust that this clarifies the matter for the Deputy.

Social Welfare Appeals Status

Questions (530)

Michael Healy-Rae

Question:

530. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied); and if he will make a statement on the matter. [19473/17]

View answer

Written answers

I am advised by the Department that an overpayment in the sum of € 35,662.87 has been assessed against the person concerned on the grounds that she was in receipt of Illness Benefit while she was in employment. The period covers 902 days in the period from 2nd March 2007 to 26th October 2015. A breakdown of the overpayment is attached.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 25th April 2017. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I hope this clarifies the matter for the Deputy.

Rural Social Scheme

Questions (531)

John Brady

Question:

531. Deputy John Brady asked the Minister for Social Protection if supervisors of the rural social scheme will be engaged with as part of the consultation process being undertaken by his Department on proposed changes to the scheme; if not, the reason; and if he will make a statement on the matter. [19486/17]

View answer

Written answers

The purpose of the rural social scheme (RSS) is to provide income support to farmers and fishermen and women who have an entitlement to specified social protection payments and who are underemployed in their primary occupation.

In recognition of the important work undertaken in rural communities under the scheme, I announced as part of budget 2017, an additional 500 places. These additional places became available with effect from 1st Feb 2017 bringing the total number of places to 3,100. The extra places will continue to be rolled out over the coming months.

The question of further additional places will be considered in the context of future Budgets. I have no plans at this time to make any further changes to the RSS scheme. However, my Department will continue to monitor the effectiveness of the scheme.

I hope that this clarifies the matter for the Deputy.

Rural Social Scheme Eligibility

Questions (532)

Éamon Ó Cuív

Question:

532. Deputy Éamon Ó Cuív asked the Minister for Social Protection the reason the spouse, partner, sibling or child of a fishing licence holder in receipt of fish assist is not allowed to participate in the rural social scheme on the same basis that similar relations to farm assist recipients can participate in the scheme; and if he will make a statement on the matter. [19529/17]

View answer

Written answers

As the Deputy is aware, the objective of the rural social scheme (RSS) is to provide income support for low income farmers and fishermen /women who have an entitlement to specified social welfare payments to work part-time while providing certain services of benefit to rural communities.

The issue raised by the Deputy is currently being examined by my officials. The work carried out under the scheme helps to support community services and rural facilities. RSS is also an important source of extra income to farmers and fishermen/women who may be working in agriculture or fishing on a part-time basis and finding it difficult to maintain a sufficient income. Participants work 19.5 hours a week on a local rural or community project in a return for a top-up on their social welfare payments.

Eligibility for the scheme is limited to those who are actively engaged in farming or fishing, in receipt of farm or fish assist and over 25 years of age. Unlike farming where the spouse of a farmer can be actively farming, the spouse, partner, sibling or child of a fishing licence holder cannot be actively engaged in fishing without holding a fishing licence. For fishermen/women to be considered for RSS, the participant must be the holder of a fishing licence and registered with the Revenue Commissioners as self-employed.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits Data

Questions (533)

Seán Fleming

Question:

533. Deputy Sean Fleming asked the Minister for Social Protection the number of persons currently in receipt of invalidity pension, invalidity benefit, disability allowance, blind pension, disablement benefit and injury benefit; and if he will make a statement on the matter. [19536/17]

View answer

Written answers

The information (where readily available) requested by the Deputy is detailed in the table.

Number of Recipients as at 31st March 2017

Scheme

Number of Recipients

Invalidity Pension

56,222

Disability Allowance

128,090

Injury Benefit

1,001

Question No. 534 withdrawn.

Social Welfare Benefits Data

Questions (535)

John Brady

Question:

535. Deputy John Brady asked the Minister for Social Protection the number of persons resident here who are in receipt of a winter fuel payment from the UK. [19578/17]

View answer

Written answers

The winter fuel payment is an annual tax-free payment made by the UK Department of Work and Pensions to qualified people to help towards their winter heating costs. There may be many UK pensioners resident here who receive no payment from my Department but who may receive this payment. However, information in relation to such persons would not be available to my Department as it would appear it has no legal basis, or purpose, for the collection of this data from such persons.

The Deputy should contact the UK Department for Work and Pensions which would be better positioned to provide him with such a breakdown.

I hope this clarifies the matter for the Deputy.

Rural Social Scheme

Questions (536)

John Brady

Question:

536. Deputy John Brady asked the Minister for Social Protection the estimated full-year additional cost of an additional 500 rural social scheme places, net of qualifying social welfare payments. [19579/17]

View answer

Written answers

The rural social scheme (RSS) provides work opportunities for farmers and fishermen and women who are currently in receipt of specified social welfare payments to provide certain services of benefit to rural communities. RSS provides benefits to communities through the skills and talents of local farmers and fishermen. Participants have the opportunity to improve existing skills, or develop new skills, while performing valuable work in their local communities.

Assuming that the existing participants supported by the RSS remain at the current payment rate, the estimated full year additional cost of an additional 500 rural social scheme places, net of qualifying social welfare payments is €3.8m.

I trust this clarifies the matter for the Deputy.

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