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Tuesday, 11 Jul 2017

Written Answers Nos. 748-762

Disability Allowance Applications

Questions (748)

Thomas Pringle

Question:

748. Deputy Thomas Pringle asked the Minister for Social Protection the status of an application for disability allowance by a person (details supplied); and if she will make a statement on the matter. [32524/17]

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Written answers

I confirm that my Department received an application for disability allowance from this gentleman on 30 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.

Exceptional Needs Payment Data

Questions (749, 750, 766, 767)

Mattie McGrath

Question:

749. Deputy Mattie McGrath asked the Minister for Social Protection the amount paid out by her Department under the exceptional needs payment in each of the past four years, by county, in tabular form; and if she will make a statement on the matter. [32533/17]

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Mattie McGrath

Question:

750. Deputy Mattie McGrath asked the Minister for Social Protection the number of applications made to her Department for assistance in covering the cost of a funeral in each of the past four years; and if she will make a statement on the matter. [32534/17]

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Willie O'Dea

Question:

766. Deputy Willie O'Dea asked the Minister for Social Protection the budget for exceptional needs payment in each of the years 2012 to 2016 and to date in 2017; and if she will make a statement on the matter. [32909/17]

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Willie O'Dea

Question:

767. Deputy Willie O'Dea asked the Minister for Social Protection the expenditure on exceptional needs payments in each of the years 2012 to 2016 and to date in 2017; and if she will make a statement on the matter. [32910/17]

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Written answers

I propose to take Questions Nos. 749, 750, 766 and 767 together.

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided €31.5 million for exceptional and urgent needs payments in 2017.

The ENP scheme is demand led and provides assistance to those with exceptional needs taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. Details of the Revised Estimate allocation and expenditure under the ENP and UNP schemes for 2012 to 2017 are set out in the following tabular statement. The Department does not maintain details of expenditure by county.

An application can be made under the ENP scheme for assistance with funeral and burial expenses where there is an inability to pay these costs, in part or in full, by the family of the deceased person without causing hardship. Statistics are maintained relating to payments under the ENP scheme, however they are not maintained on the number of applications or the outcome of those applications. The attached tabular statement sets out the number of ENPs made in respect of funeral and burial costs for the years 2013 to 2016.

I can assure the Deputies that the ENP scheme is kept under review to ensure that it continues to support those most in need of assistance. Any persons who consider that they have an entitlement to an ENP should contact my Department.

I trust this clarifies the matter for the Deputies.

Table 1: Exchequer Provision for ENP & UNP schemes 2012 to 2017

Year

Estimate Provision(million)

Outturn

(million)

2012

€51.6

€52.7

2013

€47.5

€35.7

2014

€31.3

€31.3

2015

€30.4

€31.1

2016

€30.3

€32.2*

2017

€31.5

€17.6 (End June)

* 2016 Outturn is provisional

Table 2: Number of ENPs in respect of Funeral and Burial costs in 2013 - 2016

Year

2013

2014

2015

2016

Funeral & Burial Costs

3,199

2,953

3,033

2,937

Living Wage Expenditure

Questions (751)

Niall Collins

Question:

751. Deputy Niall Collins asked the Minister for Social Protection the cost of implementing a living wage of €11.70 for all employees directly employed or in agencies funded by her Department; and if she will make a statement on the matter. [32568/17]

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Written answers

My Department has undertaken no costing of the initiative outlined by the Deputy as the introduction of any such scheme would necessarily have to take place on a cross Governmental basis and costs determined centrally as part of the estimates budgetary process. On a purely indicative basis it is not anticipated that the introduction of such a scheme in my own Department would incur significant cost as the majority of staff are on salary points above that mentioned by the Deputy.

Fuel Allowance Data

Questions (752)

Thomas P. Broughan

Question:

752. Deputy Thomas P. Broughan asked the Minister for Social Protection the estimated cost in 2018 if the fuel allowance was increased by €4 per week and €5 per week respectively; and if she will make a statement on the matter. [32589/17]

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Written answers

The full year cost of increasing the fuel allowance, currently payable at €22.50 per week, by €4 per week and €5 per week for the duration of the fuel season is estimated to be €40.7 million and €50.9 million respectively in 2018.

It should be noted that these costings are subject to change over the coming months in the context of emerging trends and associated revision of the estimated numbers of recipients for 2018.

Disability Services Provision

Questions (753)

Micheál Martin

Question:

753. Deputy Micheál Martin asked the Minister for Social Protection her plans for the development of independent advocacy services to support vulnerable persons in view of the enactment of the Assisted Decision-Making (Capacity) Act 2015 and the planned Disability (Miscellaneous Provisions) Bill 2016; her further plans to prepare for the implementation of the safeguarding of vulnerable adults Bill 2017; and if she will make a statement on the matter. [32612/17]

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Written answers

The Citizens Information Board (CIB) is the statutory body responsible for supporting the provision of information, advice (including money and budgeting advice) and advocacy services to all citizens on a wide range of public and social services. One of the functions of the CIB, as defined in the Comhairle Act 2000 and the Citizens Information Act 2007, is to directly provide or support the provision of advocacy services to individuals and in particular to assist those with a disability, to identify and understand their needs and options, in order to secure their entitlement to social services.

Advocacy services are provided by the nationwide network of Citizens Information Services (CIS), funded and supported by CIB. CIS provides free, impartial and confidential information to the public on a range of social and public services. CIS supports clients, including those who may have a disability, to act on their own behalf wherever possible (self-advocacy). CIS also advocates directly on behalf of clients.

In 2011, the National Advocacy Service (NAS) was established under the Citizens Information Board to provide an independent, confidential, and free representative advocacy service to vulnerable people with disabilities who cannot self-advocate, while supporting others to use mainstream services. NAS has a particular remit for people with disabilities who are isolated from their community and services, have communication differences, are inappropriately accommodated, live in residential services, attend day services or have limited informal or natural supports. NAS is fully funded and supported by the Citizens Information Board (CIB) and has been allocated an operational grant of €3.1 million for 2017.

NAS is a member of the expert group set up by the National Disability Authority to develop draft Codes of Practice under the Assisted Decision Making (Capacity) Act 2015. My Department is represented on this Group separately.

My Department is also represented on the National Safeguarding Committee and plays an active role on the sub-group of this Committee dealing with State payments to vulnerable adults.

With a view to progressing the enactment of the Assisted Decision Making (Capacity) Act 2015, and the Adult Safeguarding Bill, 2017, a working group has been established within my Department to examine and make recommendations on:

- processes for appointing ‘agents’ to act on behalf of a recipient or beneficiary of social welfare payments, in circumstances where the recipient is certified by a registered medical practitioner to be a person who is, or is likely to soon become, unable (for the time being) to manage his or her own financial affairs;

- reviewing existing agency arrangements;

- dealing with specific complaints regarding named agents where this arises (with the involvement of relevant external agencies as necessary); and

- general measures necessary for the safeguarding of vulnerable adults and continuing to raise awareness of staff on the safeguarding and protection of vulnerable adults, with a particular emphasis on financial abuse.

The group is also assessing the implications for its processes and procedures for agency arrangements in the context of the Assisted Decision-Making (Capacity) Act 2015, the Codes of Practice being developed by the National Disability Authority under the Act, and the Adult Safeguarding Bill, 2017, and will make recommendations for changes necessary in order for the Department to fully comply with that legislation.

In addition, my Department is supportive of the guiding principles of the Disability (Miscellaneous Provisions) Bill 2016 which are intended to safeguard the autonomy and dignity of the person with impaired capacity.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Appeals

Questions (754)

Michael Healy-Rae

Question:

754. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal for carer's allowance by a person (details supplied); and if she will make a statement on the matter. [32623/17]

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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 6 June 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.

Pension Provisions

Questions (755)

Dara Calleary

Question:

755. Deputy Dara Calleary asked the Minister for Social Protection the position regarding work of her Department on the future provision of pensions; if she will engage with groups in the public service that are subject to early retirement rules but that remain subject to substantial pension contributions; and if she will make a statement on the matter. [32624/17]

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Written answers

The Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition) available from 65 for those who satisfied the qualifying conditions, thereby standardising State pension age for all at 66 years, which is the current State pension age. This will increase to 67 in 2021 and to 68 in 2028. The changes introduced in 2011 were on foot of a Government commitment included in the National Recovery Plan published in 2010, and in the subsequent Memorandum of Understanding with the EU/ECB/IMF

Each year more people are living to pension age and living longer in retirement. As a result of this demographic change, the number of State pension recipients is increasing by approximately 17,000 annually. This has significant implications for the future costs of State pension provision which are currently increasing by close to €1 billion every 5 years. The purpose of changes to the State pension age is to make the pension system more sustainable in the context of increasing life expectancy.

The Deputy should note that there is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers.

I am informed by the Department of Public Expenditure and Reform that the specific compulsory retirement age and minimum pension age provisions which affect individual public servants will reflect their particular employment sector and time of original recruitment. However, I understand that such public servants will, generally, be paid a public service pension upon reaching their respective retirement age, whether or not they have reached the age which applies for the State pension. Any question regarding the retirement age of public servants, and their public service pension arrangements, including such arrangements for those who retire before reaching State pension age, are a matter for the Minister for Public Expenditure & Reform.

In a general context whether someone will qualify for a State pension at age 66, or for an alternative social protection payment aged 65, will depend on a number of factors, including their personal circumstances. In particular, it will depend upon whether their PRSI contributions were at the full rate - which provides for State pension coverage - or at a modified (reduced) rate which does not, and which would often be associated with public servants.

There are specific measures which apply to someone claiming jobseeker’s benefit from a date after their 65th birthday. Where qualified, these recipients may continue to be eligible for that payment until reaching pension age.

At present, entitlement to the State pension (contributory) is determined by means of a ‘yearly average’ calculation, where the total contributions paid or credited are divided by the number of years of the working life. The yearly average test has been in existence since 1961 when contributory pensions were first introduced. Payment rates are banded. For example, someone with a yearly average of 48 or more contributions will qualify for a full pension, whereas someone with a yearly average of 20-29 will qualify for a pension at the 85% rate.

The National Pensions Framework (2010) proposed that a “Total Contributions Approach” (TCA) should replace the yearly average approach, for new pensioners from 2020. The aim of this approach is to make the rate of contributory pension more closely match contributions made by a person. Officials of my Department are currently working on the detailed development of the TCA with a view to making proposals for consideration later in the year. This is a very significant reform with considerable legal, administrative, and technical elements in its implementation.

Following completion of the Actuarial Review of the Social Insurance Fund in the coming months, a refined proposal will be developed. My Department will conduct a period of consultation with relevant stakeholders including interest groups, representative bodies and the Oireachtas. Following the consultation period, I will submit a proposal to Government seeking approval of the new approach.

I hope this clarifies the matter for the Deputy.

Departmental Expenditure

Questions (756)

Brendan Howlin

Question:

756. Deputy Brendan Howlin asked the Minister for Social Protection the level of expenditure by her Department or organisations under the aegis of her Department for each of the past five years on photography, advertising, communications advice, public relations, website development, media interview training and preparation; the events, campaigns or policies to which this expenditure related; the company or person to which such payments were made, in tabular form; and if she will make a statement on the matter. [32657/17]

View answer

Written answers

The information sought by the Deputy is currently being collated and will be provided shortly.

Social Welfare Appeals

Questions (757)

Robert Troy

Question:

757. Deputy Robert Troy asked the Minister for Social Protection if he will schedule an oral hearing for a person (details supplied); and if she will make a statement on the matter. [32720/17]

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Written answers

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 18 July 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.

Tax Code

Questions (758)

John Lahart

Question:

758. Deputy John Lahart asked the Minister for Social Protection the progress which has been made introducing a PRSI scheme for the self-employed and providing a supportive tax regime for entrepreneurs and the self-employed as is allowed for in the confidence and supply agreement; and if she will make a statement on the matter. [32725/17]

View answer

Written answers

The Programme for a Partnership Government commits to seeking “to introduce a PRSI scheme for the self-employed and provide a supportive tax regime for entrepreneurs and the self-employed". Significant progress has been made in the last Budget on extending the level of cover available to self-employed PRSI contributors. Self-employed contributors now have access to treatment benefits since last March and will have access to invalidity pension next December. This is a real advance in the level of cover available to the self-employed.

It is planned to continue extending cover for other benefits to the self-employed on a phased basis in future Budgets. This year, my Department will examine the extension of social insurance to cover new risks and contingencies.

An Actuarial Review of Social Insurance Fund is currently underway. One of the issues being examined by the independent consultants undertaking the Review is the potential costs in future years of extending cover for a range of social insurance benefits to self-employed contributors including the projected PRSI contribution rates which would be required to extend such cover on a revenue neutral basis. It is planned to publish the completed review next August.

The outcome of the review, including the potential costs associated with further extensions of benefits to the self-employed, will feed into the examination being carried out by my Department.

Question No. 759 withdrawn.

Domiciliary Care Allowance Applications

Questions (760)

Charlie McConalogue

Question:

760. Deputy Charlie McConalogue asked the Minister for Social Protection the reason for the delay of a decision being made on a domiciliary care allowance application by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [32773/17]

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Written answers

The Department is currently experiencing delays in the processing of Domiciliary Care Allowance (DCA) claims. We are extremely sorry for any worry or concern this may cause to parents/guardians of children with additional care needs. At present it is taking 20 weeks on average to finalise an application. Applications are processed in date of receipt order. There are a number of factors that have contributed to the extended time required to process claims;

First, there is a significant increase in the volume of applications being received. The numbers applying for DCA have increased significantly since 2009, when the Department took over administration of the scheme from the HSE. The year on year increase in volumes over recent years has consistently been in the 15-20% range due to an increase in population and more awareness of the scheme. Over 1,000 claims were received in May, along with a further 700 in June; whereas the average would have been 400 per month a few years ago.

Second, following a High Court ruling in 2016, there is now a need for the Department’s medical assessors to provide the deciding officer with a more detailed opinion on the child’s eligibility for the scheme and for the deciding officer in turn to provide more detailed reasons for their decision when communicating this to the customer. These factors have resulted in the time taken to finalise applications increasing significantly and as a result the numbers being processed have reduced and the timescale to finalise each application has increased

Corrective actions are being taken, with additional deciding officers assigned to work on the scheme. Once these deciding officers become fully operational, the increase in claim processing capacity should allow for an improvement in processing times.

An application for DCA was received from this lady on the 8th of March 2017. The application will be considered by a Deciding Officer and the decision notified to her as soon as possible.

I hope this clarifies the matter for the Deputy.

Social Welfare Overpayments

Questions (761)

Sean Fleming

Question:

761. Deputy Sean Fleming asked the Minister for Social Protection if the arrangement relating to collecting money in respect of alleged overpayments to a person (details supplied) will be re-examined in view of the fact that a freedom of information request is currently in the system from the person concerned and that the matter will be dealt with by the person as urgently as possible once this information has been made available; and if she will make a statement on the matter. [32838/17]

View answer

Written answers

In response to information received by my Department, an investigation of payments to the person concerned was undertaken by the Special Investigations Unit. The outcome of the investigation resulted in decisions being made under the Social Welfare Acts. My Department has written to the person concerned advising her of the outcome, her rights to seek an appeal to the Social Welfare Appeals Office and of the amount of overpayment assessed.

My understanding is that an appeal has not been made to date and that the Department has no record of a Freedom of Information (FOI) request from the individual concerned. The Deputy may wish to note that receipt of a request under the FOI Acts does not interfere in any way with the statutory processes underpinning the administration of the social welfare system.

I hope this clarifies the matter for the Deputy.

Fuel Allowance Payments

Questions (762)

Willie O'Dea

Question:

762. Deputy Willie O'Dea asked the Minister for Social Protection if her Department has considered allowing fuel allowance to be paid on a lump sum basis as opposed to a weekly basis; the estimated full-year administrative cost of enabling flexibility in the way this allowance is paid; and if she will make a statement on the matter. [32905/17]

View answer

Written answers

The fuel allowance is paid over the winter season and in the 2016/17 season it was paid for 26 weeks at the rate of €22.50 per week amounting to €585 per annum. Expenditure for 2016/2017 is estimated at €229 million with approximately 376,000 households benefiting. It is a means tested payment to assist householders on long-term social welfare payments who are unable to provide for their own heating needs. Fuel allowance is not intended to meet those costs in full. Only one allowance is paid per household.

The lump sum approach to paying the fuel allowance has been raised in recent years by the voluntary sector in pre-Budget submissions. While there would be challenges for my Department in implementing a lump sum facility for fuel allowance customers wishing to avail of it, such a proposal would give fuel allowance customers the choice to receive the allowance in lump sums or continue to receive it weekly. It would enable customers who wish to avail of the lump sum payments to buy fuel in bulk, potentially securing special offers or discounts on the purchase of the particular fuel that meets their specific needs. I am currently examining options for its implementation.

The allowance is paid across a wide number of schemes and applications for the allowance are processed as part of the normal day to day work of staff administering these schemes. It is not possible at this stage to gauge the level of demand for this lump sum facility and in such circumstance to assess the administrative cost of implementation.

I hope this clarifies the matter for the Deputy.

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