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Thursday, 22 Jun 2017

Written Answers Nos. 214 - 234

Exceptional Needs Payment Applications

Questions (214)

Bernard Durkan

Question:

214. Deputy Bernard J. Durkan asked the Minister for Social Protection when an exceptional needs emergency payment will issue to a person (details supplied); and if she will make a statement on the matter. [29318/17]

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Written answers

The person concerned submitted an application for supplementary welfare allowance with effect from 29/5/2017. Certain documentation was requested in order to process her application. This documentation is still outstanding.

According to the records of the Department, the person concerned has not submitted an application for an exceptional needs payment. It is open to her to contact her community welfare service if she does not have sufficient means to meet her needs. She should bring all relevant documentation with her in support of her application.

I hope this clarifies the matter for the Deputy.

Departmental Contracts Data

Questions (215)

Bríd Smith

Question:

215. Deputy Bríd Smith asked the Minister for Social Protection the monetary value of all work contracted out under the aegis of her Department to external agencies or consultancies for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff, disciplinary procedures and workplace related issues such as allegations of bullying and so on or dignity at work issues in each of the years 2015 and 2016. [29344/17]

View answer

Written answers

The cost of all work including investigations, completed by external agencies/consultants during 2015 and 2016 in the areas of human resources and industrial relations contracted out by my Department and by the bodies that come under its aegis are outlined in the following table.

* €168,216 relates to a one-off project on Internal Change Management

Disability Allowance Applications

Questions (216)

Willie Penrose

Question:

216. Deputy Willie Penrose asked the Minister for Social Protection the position regarding an application for a disability allowance by a person (details supplied); if same can now be expedited; and if she will make a statement on the matter. [29396/17]

View answer

Written answers

I confirm that my department received an application for disability allowance from this lady on 9 May 2017. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.

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

I trust this clarifies the matter for the Deputy.

Carer's Allowance Payments

Questions (217)

Brendan Griffin

Question:

217. Deputy Brendan Griffin asked the Minister for Social Protection the reason a person (details supplied) in County Kerry has had their rate of carer's allowance reduced; if the decision will be reviewed in view of the circumstances; and if she will make a statement on the matter. [29417/17]

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Written answers

Carer's Allowance (CA) is a means-tested social assistance payment, made to a person who is providing full-time care and attention to a person who has a disability such that they require that level of care.

The Department periodically reviews claims in payment to ensure that there is continued entitlement.

CA is in payment to the person concerned since 23 May 2002 and a review was recently carried out. As part of that review the matter was referred to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance continue to be satisfied.

The outcome of this review was that her weekly means, derived from investments and savings, were found to have increased from when she originally applied for CA.

Accordingly, her weekly payment was reduced from 15 June 2017.

The person concerned was notified on 30 May 2017 of this decision, the reason for it and of her right of review and appeal. To date, no appeal has been received from the person concerned.

This case will now be reviewed and the Department will contact the person concerned regarding the outcome of that review.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (218)

Robert Troy

Question:

218. Deputy Robert Troy asked the Minister for Social Protection if she will expedite a claim for disability allowance by a person (details supplied). [29419/17]

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Written answers

Following a successful appeal, the information available to the deciding officer is that this gentleman’s family would be financially better off if he included his wife as a qualified adult on his disability allowance claim. His wife is currently in receipt of another social welfare payment at a lower rate than the qualified adult rate. For this reason, an option letter to include his wife has issued to him on 20 June 2017 and we await his instruction.

I trust this clarifies the matter for you.

Rent Supplement Scheme Payments

Questions (219)

Bernard Durkan

Question:

219. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which all outstanding rent support has been paid up to date in 2017 or is likely to be paid at an early date in the case of a person (details supplied). [29428/17]

View answer

Written answers

The person concerned is in receipt of a full rate of Rent Supplement entitlement based on their monthly rent, weekly income and family composition. All payments for 2017 are up to date.

The person concerned submitted documentation to the Department on 21/6/17, requesting that Rent Supplement payments be issued to an alternate bank account. Accordingly, on the same day, the Department updated her claim in order for future payments to issue to this account, as requested.

The person concerned has been advised to contact the Residential Tenancies Board (RTB) with regard to any dispute arising from unpaid rent arrears.

I trust this clarifies the matter for the Deputy.

Exceptional Needs Payment Applications

Questions (220)

Bernard Durkan

Question:

220. Deputy Bernard J. Durkan asked the Minister for Social Protection if urgent consideration will be given to an exceptional needs payment in the case of a person (details supplied); and if she will make a statement on the matter. [29433/17]

View answer

Written answers

According to the records of the Department, the person concerned has not submitted an application for an exceptional needs payment as a result of difficulties pertaining to the accumulation of outstanding rent arrears.

The person concerned received financial assistance on 8/5/2017 towards the cost of school expenses as a result of costs incurred at the time of the recent death of her mother.

It is open to the person concerned to contact the community welfare service and submit a further application for financial assistance if she does not have sufficient means to meet her needs.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (221)

Bernard Durkan

Question:

221. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a disability benefit allowance or invalidity pension has not been made available in the case of a person (details supplied); and if she will make a statement on the matter. [29441/17]

View answer

Written answers

Following an examination of the department’s systems it has been determined that the person concerned has not made an application for any payment. If they wish to do so they can complete the necessary application form and submit it to the department for decision.

I trust this clarifies the matter for the Deputy.

Back to Work Allowance Eligibility

Questions (222)

Bernard Durkan

Question:

222. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a back to work allowance is not available in the case of a person (details supplied); and if she will make a statement on the matter. [29442/17]

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Written answers

The person concerned has met with a departmental case officer on a number of occasions to discuss various self-employment options he was considering and the supports available from the department in this regard.

The back to work enterprise allowance (BTWEA) scheme is available to support persons who are long-term unemployed and wish to develop or take up self-employment opportunities. The scheme allows a qualified person to retain a reducing proportion of their social protection payment, plus secondary benefits over a two year period. However, it is important to note that given the nature of the taxi industry generally, and concerns about displacement of existing operators and viability, it is unlikely that a jobseeker would be approved for BTWEA in respect of taxiing. It is for these reasons that the person concerned has been advised that a BTWEA for this activity will not be approved at present.

I trust this clarifies the matter for the Deputy.

Rent Supplement Scheme Payments

Questions (223)

Bernard Durkan

Question:

223. Deputy Bernard J. Durkan asked the Minister for Social Protection if an increase in rent support will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [29444/17]

View answer

Written answers

The person concerned has been requested to submit to the Department documentation in relation to his rent increase that will allow re-assessment of his Rent Supplement claim in line with recent legislation.

The Deputy will be aware that Naas has been designated as a Rental Pressure Zone (RPZ). Under the Planning and Development (Housing) and Residential Tenancies Act 2016, rents are only permitted to be increased according to a prescribed formula by a maximum of 4% annually.

The person concerned has also been advised to contact the Residential Tenancies Board (RTB) should he require further information with regard to this matter.

I trust this clarifies the matter for the Deputy.

Motor Tax Exemptions

Questions (224)

Michael Healy-Rae

Question:

224. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government if he will address a matter (details supplied) regarding motor tax for persons with disabilities; and if he will make a statement on the matter. [29294/17]

View answer

Written answers

Exemptions in motor tax are provided for in section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 and in regulations made under section 92 of the Finance Act 1989. 

Section 1(4)(f) of the 1952 Act (as inserted by section 75(2)(b) of the Finance Act 1991) provides for an exemption for vehicles adapted and used for invalids where the vehicle is less than 400 kilograms in unladen weight, which is the basis of taxation for goods vehicles.

The main scheme for drivers or passengers with disabilities is under section 92 of the 1989 Act.  This provides, by way of regulations, for the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme which provides relief from VAT and VRT (up to a limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from motor tax for those eligible for relief under the Scheme.  The terms of the Scheme are a matter for the Minister for Finance, following consultation with the Minister for Health and the Minister for Housing, Planning, Community and Local Government.  In that regard, I refer you to the response of the Minister for Finance to Question No. 115 of 8 November 2016.  I understand that the position remains the same and there are no plans to amend the Scheme at this time. 

 I have no current plans to change motor tax rates or to introduce new exemptions from motor tax for drivers or passengers with disabilities who do not fall within the scope of the existing scheme.

Social Inclusion and Community Activation Programme Administration

Questions (225)

Éamon Ó Cuív

Question:

225. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning, Community and Local Government the number of lots proposed for the rollout of the SICAP programme; the reason the number of lots has not been reviewed; the reason it is planned to have only one lot in County Galway when the overwhelming view of persons living in Connemara and the islands is that there should be three lots; and if he will make a statement on the matter. [29451/17]

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Written answers

The Social Inclusion and Community Activation Programme (SICAP) is the largest social inclusion programme in the State and is a key priority for Government. The current SICAP programme will come to an end on 31 December 2017, and the successor programme (SICAP 2) is due to roll out in January 2018.

Local Community Development Committees (LCDCs) are the SICAP contracting authorities in each Local Authority area.  The current SICAP contracts were established on the basis of a total of 51 lots within the LCDC areas.  The Lot configuration for each area was decided by each LCDC on a democratic basis, based on their knowledge of the local areas and their demographics.

The next iteration of SICAP will be tendered for on the basis of the existing Lot numbers and configuration.  This is underpinned by my Department's legal advice in the matter.

Planning Issues

Questions (226)

Dara Calleary

Question:

226. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government if there are exemptions from providing a hearing loop for members of the deaf and hard of hearing community with regard to the planning legislation of public places such as theatres and cinemas; and if he will make a statement on the matter. [29302/17]

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Written answers

The provision of audible aids in public buildings is not a requirement under the planning code. Rather, it is a requirement of the building regulations. The aim of the building regulations is to provide for the safety and welfare of people in and about buildings. The building regulations apply to the design and construction of a building and to the extension or material alteration of a building. The minimum performance requirements that a building must achieve are set out in the second schedule to the building regulations. These requirements are set out in 12 parts classified as Parts A to M.

The requirements of Part M, Access and Use, provide that adequate provision shall be made for people to access and use a building, its facilities and environs. The accompanying Technical Guidance Document M (TGD M) provides detailed guidance on how this may be achieved in practice.

Audible aids assist people, especially those with hearing impairment, in accessing a building and fully utilising the relevant facilities. There are several types of audible aids including public address systems, audio frequency induction loop systems, infra red systems and radio systems.  

TGD M provides detailed guidance in respect of aids to communication in buildings other than dwellings.  The objective is to ensure people can independently access and use a building and its facilities; and to facilitate active participation where appropriate.  A hearing enhancement system should be provided for people with hearing impairment in all audience and spectator facilities with fixed seating.

In the case of audience and spectator facilities without fixed seating a hearing enhancement system should be provided for people with hearing impairment. This does not include classrooms in primary and post primary schools or standard meeting rooms in offices.

Fire Safety

Questions (227, 230, 231)

Thomas P. Broughan

Question:

227. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government if he has requested fire safety examinations of all higher residential, commercial and public buildings in each local authority and fire brigade operational area in Ireland following the recent horrific and tragic loss of life at the Grenfell apartments in Kensington, London; and if he will make a statement on the matter. [29308/17]

View answer

Martin Heydon

Question:

230. Deputy Martin Heydon asked the Minister for Housing, Planning, Community and Local Government the position regarding the review by an independent fire expert into a fire at Millfield, Newbridge, and other issues in view of ongoing concern from residents in the development and in further view of the recent fire tragedy in London and the review by local authorities of multi-storey developments. [29371/17]

View answer

Eoin Ó Broin

Question:

231. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the steps he has taken since the tragic fire at Grenfell, London, to ensure that no social housing here is at risk of fire from the use of combustible materials used in construction or refurbishment. [29374/17]

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Written answers

I propose to take Questions Nos. 227, 230 and 231 together.

Local Authorities across the State already monitor fire safety measures in their multi-storey social housing flats and apartments, under their statutory obligations, and considerable work is already being done in respect of maintaining standards in relation to fire safety generally, with no known immediate cause for concern.

I met with Dublin’s Chief Fire Officer last Friday, 16 June, to discuss fire safety and life safety issues in light of the London tragedy.  I also requested that the management board of the National Directorate for Fire and Emergency Management (NDFEM) convene and assess the readiness of the fire authorities to respond to emergencies. In response to this request, the NDFEM Board has confirmed to me that the recent report of the Directorate’s External Validation group found that the public are well served by the developed arrangements in place for fire services in Ireland, and concluded that the available evidence provides for confidence regarding the capability of fire services to respond to emergencies.

Each local authority has been requested, as a matter of urgency, to review their multi-storey social housing units to ensure that all early warning systems, including alarm and detection systems and means of escape including corridors, stairways and emergency exits are fully functional and in place. Life safety must be our first concern. 

In terms of raising awareness across landlords, including landlords of households in receipt of social housing supports and rental assistance, the Residential Tenancies Board has been asked to notify all landlords of their responsibilities and obligations as landlords in terms of ensuring that their properties fully comply with fire safety requirements. The RTB is coordinating with Local Authority Fire Departments, who are responsible for ensuring compliance, and the National Directorate Fire and Emergency Management to provide detailed information directly and individually to all landlords in the coming days. The RTB is also placing notices to this effect on its website and in the press.

In order to remind builders, assigned certifiers, designers and owners of their obligations in relation to compliance with the Building Regulations, a notification has issued to all registered users (approx. 57,000) through the Building Control Management System (BCMS).

In July 2015, the then Minister directed that a review be undertaken by an independent fire expert to develop a framework for general application, in the interest of supporting owners and residents living in developments where concerns regarding non-compliance with fire safety requirements arise.  A steering group was convened to oversee the review. The independent fire safety expert has completed his review and a report on the matter has been received by my Department. The report remains under consideration pending clarification of a number of issues at which point it is intended that the arrangements necessary for publication will be made.

Fire Safety

Questions (228, 232, 233, 234)

Thomas P. Broughan

Question:

228. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government if he will ensure that sprinkler systems are installed in all higher residential and commercial buildings and immediately report to Dáil Éireann on the safety of the cladding materials used in all insulation programmes for homes; and if he will make a statement on the matter. [29309/17]

View answer

Eoin Ó Broin

Question:

232. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government if he will conduct a review of the increased use of combustible materials in house construction and, if necessary, update fire safety regulations and building regulations. [29375/17]

View answer

Eoin Ó Broin

Question:

233. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the level of combustible materials being used in all new social housing construction including standard build, refurbishment, rapid build and hubs; and if he is satisfied that the use of such materials does not in any way compromise fire safety in these units. [29376/17]

View answer

Barry Cowen

Question:

234. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if cladding (details supplied) can be used in low rise or high rise buildings under current building regulations; if his Department tracks through the building control management system the use of such cladding materials; and if his attention has been drawn to the fact if it has been used in buildings. [29418/17]

View answer

Written answers

I propose to take Questions Nos. 228 and 232 to 234, inclusive, together.

The aim of the building regulations is to provide for the safety and welfare of people in and about buildings. The building regulations apply to the design and construction of a building or to an extension or material alteration of a building. The minimum performance requirements that a building must achieve are set out in the second schedule to the building regulations. These requirements are set out in 12 parts classified as Parts A to M.

Technical Guidance Documents (TGDs) provide technical guidance on how to comply with the building regulations in practical terms. TGD B contains guidance, compliance with which will, prima facie, indicate compliance with Part B. The building regulations are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation. Part B/TGD B is currently under review and is being split into 2 volumes. Part B/TGD B - Fire Safety - Volume 2 - Dwelling Houses 2017 was published earlier this year and comes into effect on 1 July 2017. Volume 1 is being prepared for public consultation.

TGD B provides guidance on external wall construction in relation to internal and external fire spread, and also refers to other publications for further advice. 

Under Part D of the building regulations, Materials and Workmanship, there is an overarching requirement that all works should be carried out using “proper materials…which are fit for the use for which they are intended and for the conditions in which they are to be used” to ensure compliance with the regulatory requirements as prescribed.

Where innovative products are used, third party certification, such as Agrément Certification is a means of demonstrating how products or systems can meet the requirements of the building regulations, including Part B. Care should be taken to read the terms and conditions of such certification and ensure that the content of the certification is strictly adhered to during construction, in conjunction with the Fire Safety Certificate where relevant.

While it has yet to be definitively confirmed what type of cladding was used in the renovation of Grenfell Tower, the United Kingdom Department of Communities and Local Government has confirmed that Cladding using a composite aluminium panel with a polyethylene core would be non-compliant with current Building Regulations guidance as this material should not be used as cladding on buildings over 18m in height. I can confirm that the same restrictions apply under Irish Building Regulations.

Currently, the Building Regulations do not require provision of sprinklers in all residential and commercial buildings. Provision of sprinklers may arise as a requirement where certain design features are included in buildings, such as phased evacuation in some high rise buildings with floors over 30m above ground level, or as an optional additional feature to facilitate certain building configurations.  It is important to note that the building regulations place particular emphasis on adequate means of escape in the case of fire.

The purpose of the Building Control Management System (BCMS) is to facilitate building control authorities, building owners, builders and construction professionals in discharging their separate responsibilities under the Building Control Act 1990. The system provides a common platform for clear and consistent administration of building control matters across the local authority sector through facilitating the receipt and lodgement of commencement notices, statutory certificates and compliance documentation in line with the Building Control (Amendment) Regulations.

Departmental Contracts Data

Questions (229)

Bríd Smith

Question:

229. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government the monetary value of all work contracted out under the aegis of his Department to external agencies or consultancies for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff, disciplinary procedures and workplace related issues such as allegations of bullying and so on or dignity at work issues in each of the years 2015 and 2016. [29337/17]

View answer

Written answers

In the years 2015 and 2016 my Department has not paid external agencies or consultants for any work in relation to investigations undertaken in human resources or industrial relations including disciplinary procedures and workplace related issues such as allegations of bullying or dignity at work issues.

Payments were made to external members of interview boards of €1,360 in 2015 and €450 in 2016 in relation to competitions held by my Department.

The issue of work contracted out to external agencies or consultancies is an operational matter for each individual agency or body under the aegis of my Department. My Department does not hold this information in relation to those agencies. However, arrangements have been put in place by each agency or body to facilitate the provision of information directly to members of the Oireachtas. The contact email address for each is as follows:

Questions Nos. 230 and 231 answered with Question No. 227.
Questions Nos. 232 to 234, inclusive, answered with Question No. 228.
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