Written Answers Nos. 1789-1808
1789. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [37351/17]
View answerI can confirm that my department received an application for disability allowance from this lady on 3 July 2017.
On 29 August 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.
1790. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which a person (details supplied) was entitled to a jobseeker's allowance during the period for which the person was overpaid; and if she will make a statement on the matter. [37352/17]
View answerThe person concerned was awarded Jobseeker’s Allowance (JA) at €100 per week from 25 August 2016 after her job had ceased.
The Department received information on 2 February 2017 that the person concerned was a full time student on a third level course from 12 September 2016 while concurrently in receipt of her JA payment. As a consequence her Jobseeker’s Allowance claim was disallowed for the period 12 September 2016 to 14 February 2017 and an overpayment of €2,233.33 was assessed. The person concerned did not appeal the disallowance decision or overpayment.
The person concerned did not qualify for Back to Education Allowance (BTEA) because she was not getting a qualifying social welfare payment for 234 days immediately before starting the course. Nor she did not apply for BTEA immediately before starting the course.
The person concerned made an application for Jobseeker’s Allowance (JA) on 8 August 2017. JA was awarded from 8 August 2017 at a rate of €102.70 less an overpayment repayment of €10.00 per week.
1791. Deputy Caoimhghín Ó Caoláin asked the Minister for Employment Affairs and Social Protection the situation that applies when assessing the old age pension entitlement of persons who have spent a period of their working lives in prison; if an allowance is made in calculating their entitlements to a contributory pension in view of the fact that they could neither make a paid contribution or sign for credits during their incarceration; if not, if there are exceptions; if there is a precedent in this regard; and if she will make a statement on the matter. [37353/17]
View answerIn Ireland, as in other countries, the contributory pension (which is one of three pensions paid by the Department of Social Protection to those over 66) is aimed primarily at people with sustained contributions towards the Social Insurance Fund which finances it, on a pay as you go basis. Contributions to the Fund are rewarded with greater entitlements and coverage for a range of benefits, including contributory pension entitlements. It is important to ensure that those qualifying for a contributory pension have made a sustained contribution to the Social Insurance Fund over their working lives. To ensure that the individual can maximise their entitlement to a State pension (contributory), all contributions paid or credited over their working life from when they first enter insurable employment until pension age are taken into account when assessing their entitlement and the level of that entitlement.
There is no facility to award contributions for time spent in prison. Any change to this would require significant policy and legislative changes, and would also require additional funding, from the PRSI and tax paid by workers and taxpayers.
Where a person does not qualify for the maximum rate of State Pension Contributory (SPC), they may be entitled to the State Pension Non-Contributory (SPNC), where the current maximum rate is payable at €227, which is over 95% that of the maximum SPC rate. While the SPNC is means tested, there are a number of disregards which result in most such people being paid at that maximum rate. People who are not entitled to a SPNC payment would have significant alternative means.
I hope this clarifies the matter for the Deputy.
1792. Deputy James Browne asked the Minister for Employment Affairs and Social Protection if she will review the agreement between Ireland and South Korea concerning pensions, which results in a person being unable to collect contributions upon departing from his or her second country; and if she will make a statement on the matter. [37354/17]
View answerThe social security agreement between Ireland and the Republic of Korea, which is provided for in the Social Welfare (Agreement With the Republic of Korea on Social Security) Order 2008 (S.I. No. 552 of 2008), enables periods of social insurance completed in Ireland and in the Republic of Korea to be taken into account, where necessary, by either State in order to qualify for certain benefits and pensions.
In effect, this Agreement protects the pension rights of people who have worked and paid reckonable social security contributions in Ireland and in Korea by allowing the person to combine the period of contributions in each country, if necessary, to qualify for a pension payment under either Irish or Korean law.
The Agreement ensures that the contributions paid retain a value, even when the person leaves Korea. For instance, they would be particularly important if the person should need to claim an Irish invalidity pension or survivor’s pension within a few years of returning to Ireland. Similarly, if the person did not have enough Irish contributions for State pension entitlement on reaching pension age, the Korean contributions would be added to their Irish contributions for this purpose.
A key objective of the Agreement is to allow social insurance contributions paid in Ireland and Korea to be aggregated, as necessary, when considering an insured contributor’s entitlement to the range of pensions covered. The return of social security contributions paid in either Ireland or Korea, where the person concerned moves back to their home country, would undermine one of main purposes of this Agreement.
In the circumstances there are no plans to change this situation.
1793. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [37355/17]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 1 August 2017, who will make a summary decision on the appeal based on the 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.
1794. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a carer's allowance by a person (details supplied); and if she will make a statement on the matter. [37356/17]
View answerAn application for carer's allowance (CA) was received from the person concerned on 27 March 2017.
Carer’s allowance was awarded to the person concerned on 11 August 2017 with effect from 13 July 2017, the date the care recipient was discharged from hospital, and the first payment issued to their nominated post office on 17 August 2017.
Arrears of allowance due from 13 July 2017 to 16 August 2017 have also issued.
The person concerned was notified on 11 August 2017 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
1795. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a carer's allowance by a person (details supplied); and if she will make a statement on the matter. [37357/17]
View answerI confirm that my department received an application for carer’s allowance from the person concerned on 21 June 2017. Additional information in relation to the person's application was requested by a deciding officer on 29 August 2017. Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
1796. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of back money in respect of a person (details supplied); and if she will make a statement on the matter. [37358/17]
View answerI can confirm that my department is currently reviewing the entitlement of the person concerned.
On 3 August 2017 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on his eligibility. No response has been received to date. 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.
1797. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance for a person (details supplied); and if she will make a statement on the matter. [37359/17]
View answerThe Department is currently experiencing delays in the processing of Domiciliary Care Allowance (DCA) claims due to an increase in claim volumes and the need for more detailed decisions to be provided following a High Court ruling. Corrective actions are in place, including additional deciding officers assigned to the scheme. As a result average processing times have reduced over recent weeks and at present it is taking on average 17 weeks to finalise an application.
Applications are processed in date of receipt order, having regard to the complexity of each individual case. An application for DCA in respect of this child was received on 25 July 2017. While it is not feasible to provide an exact date of when a particular application will be finalised, the applications currently being dealt with were received in April and May 2017. This application will be considered by a Deciding Officer and the decision notified as soon as possible.
I hope this clarifies the matter for the Deputy.
1798. Deputy Bobby Aylward asked the Minister for Employment Affairs and Social Protection the estimated amount it would cost the State to exclude maintenance payments from means assessment for social welfare payments; if she has previously investigated the feasibility of same; if she will consider this action as part of budget 2018; and if she will make a statement on the matter. [37364/17]
View answerWhere a social welfare claimant is in receipt of maintenance payments from a spouse/partner, housing costs incurred by the social welfare claimant (e.g. rent or mortgage payments and/or home improvement loan) up to a maximum of €95.23 per week may be offset against the maintenance payment, with half the balance of the maintenance being assessed as means. These arrangements ensure that there is always an incentive to receive a maintenance payment. The cost of disregarding all maintenance received by a welfare claimant across all relevant schemes is not readily available.
Where a social welfare claimant is paying maintenance to another person, the means assessment of this maintenance paid varies by the type of social welfare scheme.
Social welfare legislation specifically provides that maintenance payments paid under a separation order by recipients of certain social welfare schemes are to be deducted from any assessment of their income. This provision applies to the state pension non-contributory, widow/er’s and surviving civil partner’s non-contributory pension, carer’s allowance, one-parent family payment, and the blind pension.
In the case of claimants of other schemes, however, such as jobseeker’s allowance, disability allowance and supplementary welfare allowance, their means for social welfare purposes are their means before they meet any maintenance payment obligations, i.e. no account is taken of such payments in assessing the means of the maintenance payer.
It is not possible to provide the cost of excluding maintenance payments made by social welfare claimants, as the relevant data are not available.
Any change to the current arrangements would have to be considered in the overall policy and budgetary context.
1799. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a back-to-work allowance can be reconsidered in the case of a person (details supplied); if the person's eligibility can be urgently reconsidered in view of an anxiety to work; and if she will make a statement on the matter. [37366/17]
View answerThe 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 in a new enterprise. 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 if the business proposed does not involve the setting up a new enterprise it will not be eligible for support under the scheme.
The person concerned wishes to commence taxi driving and has agreed to rent a car and radio from a local taxi company. Taxi drivers are not supported under BTWEA for new business start-ups and in this instance the taxi business is already an established business. The person concerned has been offered an appointment with a Case Officer to discuss further options. He is also working with the local Jobpath provider who is working with him in this regard also.
I trust this clarifies the matter for the Deputy.
1800. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when an invalidity pension will be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [37367/17]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP for the gentleman referred to on 16 June 2017. He was refused IP on the grounds that the medical conditions for the scheme were not satisfied. He was notified on the 16 August 2017 of this decision, the reasons for it and of his right of review and appeal.
I hope this clarifies the matter for the Deputy.
1801. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if release from the JobPath programme can be reconsidered in the case of a person (details supplied); and if she will make a statement on the matter. [37368/17]
View answerThe aim of the JobPath service is to assist participants in finding sustainable full-time paid employment by providing intensive individual support and assistance. The Rural Social Scheme (RSS) provides income support for underemployed farmers who are in receipt of specific social welfare supports. Participants are engaged for 19½ hours per week to provide certain services of benefit to rural communities. When selected for the JobPath activation service in January this year, the person in question was not actively farming and was in receipt of Jobseekers Allowance. It is a condition of the receipt of this payment that a recipient must be capable of, available for and actively seeking full time employment. The Department select jobseekers on a random basis for referral to the JobPath service.
The person concerned has not to date submitted an application form for the RSS or have an offer of a place on the scheme. It should be noted that participation on the Rural Social Scheme (RSS) is intended to be temporary and is subject to review through an annual application for a continued place on the scheme. His time with the JobPath service commenced in January 2017 and he is therefore required to remain with the JobPath service for the full 52 week duration.
At the end of his participation with the JobPath service if he has not been successful in finding sustainable full time employment, he will be referred back to his local DSP office for an assessment by the Intreo Case Officer, who will support him to apply for other activation employment programmes such as Community Employment, Tús and RSS if appropriate.
I trust this clarifies the matter for the Deputy.
1802. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [37369/17]
View answerAn application for Carer's Allowance (CA) was received from the person concerned on 20 July 2017.
The application is currently being examined by a deciding officer and once processed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
1803. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection her plans to reinstate the State transition pension; her further plans to prevent persons forced to retire at 65 years of age having to apply for jobseeker's for one year until they reach the State pensionable age of 66; and if she will make a statement on the matter. [37371/17]
View answerThe 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.
In most cases, it is hoped that workers will continue to work up to the new State pension age. Where this is not possible, and where they are available for work, 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. Reversing this measure would have a significant Exchequer cost. In 2013, the cost of the State pension (transition) was €137 million. Its abolition was not expected to save that amount of expenditure in full, as some people who were affected would alternatively claim working age payments such as Jobseeker's Benefit (albeit at a lower rate than the rate of the State pension), or may claim an Increase for a Qualified Adult in respect of their spouse’s pension.
However, it is estimated that well over half of that cost has been saved each year as a result of this measure, and this would be expected to increase as (a) the number of 65 year olds increases, (b) the change results in a higher percentage of people working while aged 65, and (c) there have been two Budget increases in the rate of the State pension since then. It is estimated that the net saving in 2018 is likely to be in the region of €84 million, and this is expected to rise to €87 million by 2020. These figures do not include future rate increases.
Reversing this decision would, therefore, significantly increase the annual cost of State pensions, and would reduce the funds available to pay for any future increases in the rate of the payment.
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 year on year. This has significant implications for the future costs of State pension provision which are currently increasing by some €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. This sustainability is vital, if the current workers, who fund State pension payments through their PRSI, are to receive a pension themselves when they reach retirement age.
The Deputy should note that there is no statutory 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. While such a contract may originally have been entered into with a retirement date of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so.
In January 2016, an Interdepartmental Group on Fuller Working Lives, chaired by the Department of Public Expenditure and Reform, was established specifically to examine the implications arising from prevailing retirement ages. The final report of the Group made a number of recommendations to support working and retirement practices. This included a request to the Workplace Relations Commission to prepare a Code of Practice under Section 42 of the Industrial Relations Act, 1990 to help manage the engagement between employers and employees regarding retirement issues and longer working. The final report, the recommendations of which were accepted by Government in August 2016, is available on the Department of Public Expenditure and Reform’s website.
I hope this clarifies the matter for the Deputy.
1804. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal for domiciliary care allowance by a person (details supplied); and if she will make a statement on the matter. [37372/17]
View answerI 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.
1805. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the grounds upon which overpayment has been registered against a person (details supplied); if same can be reviewed with particular reference to entitlement to alternative payment during the same period; and if she will make a statement on the matter. [37373/17]
View answerThe person concerned was in receipt of a One Parent Family (OPF) payment from 4 November 2010 until 26 April 2017.
Following an investigation into undeclared means relating to employment, her one OPF claim was discontinued in accordance with Departmental legislation and procedures. An overpayment of €20,664.44 was raised relating to the period 2 July 2015 to 26 April 2017 and a notification letter issued to her dated 6 September 2017.
The person concerned was informed of her right to appeal the decision to the Social Welfare Appeals Office.
1806. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in respect of an appeal by a person (details supplied); and if she will make a statement on the matter. [37374/17]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13 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.
1807. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for domiciliary carer's allowance by a person (details supplied); and if she will make a statement on the matter. [37375/17]
View answerThe Department is currently experiencing delays in the processing of Domiciliary Care Allowance (DCA) claims due to an increase in claim volumes and the need for more detailed decisions to be provided following a High Court ruling. Corrective actions are in place, including additional deciding officers assigned to the scheme. As a result average processing times have reduced over recent weeks and at present it is taking on average 17 weeks to finalise an application.
Applications are processed in date of receipt order, having regard to the complexity of each individual case. An application for DCA in respect of this child was received on 2 June 2017. While it is not feasible to provide an exact date of when a particular application will be finalised, the applications currently being finalised were received in April and May 2017. This application will be considered by a Deciding Officer and the decision notified as soon as possible.
I hope this clarifies the matter for the Deputy.
1808. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied) regarding disability allowance; and if she will make a statement on the matter. [37376/17]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 24 May 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 2 August 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.
