Written Answers Nos. 1869-1887
1869. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will review the case of a person (details supplied) regarding the treatment benefit scheme; and if she will make a statement on the matter. [38158/17]
View answerQualification for treatment benefit is based on satisfying certain PRSI conditions. The person concerned would need to have paid 260 PRSI contributions at either Class A, E, H, P or S, since first starting work, and also have 39 contributions paid or credited in the tax year on which the claim is based.
In this case, the person concerned does not qualify for the treatment benefit scheme as he does not have the required number of contributions paid.
However, if he has a Medical Card, he should contact his local HSE office, who will be able to advise him on his entitlement to hearing aids under their audiology scheme.
1870. Deputy John Curran asked the Minister for Employment Affairs and Social Protection if non-State agencies or bodies have access to the information contained on the public services card; her plans to make this information available in the future to non State agencies and bodies; and if she will make a statement on the matter. [38190/17]
View answer1936. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection the data set held by her Department as the public services identity or PSI; the manner in which this data is stored; if this data is stored solely by her Department or by a third party on its behalf; the number of security audits that have taken place in the past five years; and if she will make a statement on the matter. [39003/17]
View answer1938. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection the private companies which have access to data held on the public services card or wider PSI; the sanctions in place for breach or misuse of this data; and if she will make a statement on the matter. [39008/17]
View answer1939. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection if an assurance can be given in respect of the security and confidentiality of the data held on the public services card; the legal sanctions which apply to breaches or misuse of this data; and if she will make a statement on the matter. [39010/17]
View answerI propose to take Questions Nos. 1870, 1936, 1938 and 1939 together.
Section 263 of the Social Welfare Consolidation, Act (as amended) provides that:
(a) the following information is inscribed on the Public Services Card (PSC): forename, surname, Personal Public Service (PPS) Number, photograph, signature, card issue number and expiry date; and
(b) the following information is encoded on the chip of the PSC: forename, surname, date of birth, place of birth, sex, nationality, former surnames (if any), mother’s former surnames (if any), photograph, signature, issue number of the PSC, and expiry date of the PSC.
The above data (apart from the issue number and expiry date of the PSC) is part of the Public Service Identity (PSI) dataset as set out in section 262 of the Social Welfare Consolidation Act 2005 (as amended).
Section 262 also sets out how the sharing and use of the PSI data is restricted to public service bodies specified in law or their agents. Designation as a specified body requires primary legislation and as such can only be done by an Act of the Oireachtas. I am not aware of any plans to specify any additional bodies.
Section 262 provides that PSI data can only be used by a specified body for authenticating the identity of an individual with whom it has a transaction and in performing its public functions insofar as those functions relate to the person concerned. In addition, where a specified body collects any element of PSI data from a person, that information shall also be collected for the purpose of maintaining the person’s public service identity. Additional cover is provided by the Data Protection Acts as amended, Subsection 1 c iii of Section 2A, where personal data may be processed providing “the processing is necessary for the performance of a function of the Government or a Minister of the Government”.
The full PSI dataset consists of the surname; forename; date of birth; place of birth; sex; all former surnames (if any); all former surnames (if any) of his or her mother; address; nationality; date of death; certificate of death, where relevant; where required, a photograph of the person, except where the person is deceased; where required, the person’s signature, except where the person is deceased; any other information as may be required for authentication purposes that is uniquely linked to or is capable of identifying that person; and any other information that may be prescribed which, in the opinion of the Minister, is relevant to and necessary for the allocation of a personal public service number.
The PSI data set is stored in enterprise class databases maintained in the Department’s secure datacentres. The Department is committed to ensuring that customers’ personal data is securely held and used only for business purposes. Access to the dataset is restricted to those members of staff who have a business need to reference the data and all accesses to the data are logged. All members of staff must, on an annual basis, sign undertakings that they have read, and will act in accordance with, data protection policies and guidelines. Failure to comply with these simple rules could leave them exposed to potentially serious allegations. Where such allegations are substantiated, staff could face disciplinary action (including possible dismissal) and potential legal action including possible claim for compensation for distress/damage caused to the customer. The Department ensures oversight in relation to data protection by keeping records of data accesses which are then subject to audit. Twenty eight security audits have been undertaken within the last five years, twenty two of these are completed, and six are in progress. Three Penetration tests, two Privacy Impact Assessments, and a Risk Assessment of the IS environment were also carried out during this timeframe.
The PSI data set is also stored by the Department of Public Enterprise and Reform as part of the Single Customer View. This system brings identity data together from a number of public bodies. The Single Customer View database is stored in a secure government data centre. Access to the data is tightly controlled and restricted to the government network. All data access is logged and regularly audited. The Secretary General of the Department of Employment Affairs and Social Protection is the Data Controller for the Single Customer View.
The PSC is produced in Ireland by an Irish-registered company called BCS. It was a condition of the award of contract that all data and related services provision and operation be provided on-site in Ireland and subject to the jurisdiction of the Irish courts. Once PSCs are personalised (i.e., the data is put on the card), the data used to so personalise them is not retained by BCS but is destroyed as an automatic part of the personalisation process in accordance with advice provided by the Office of the Data Protection Commissioner. In addition the systems used in the card production have been subjected to audit by external experts.
The Public Services Card itself has multiple protection mechanisms, all of the highest current international standards, to prevent and detect tampering with the physical card and its contents. As well as some hidden security features, there are visual measures such as the overall graphical design, branding, microprinting, the use of optical variable ink and a kinegram. In addition, a PSC and a card reader communicate with each other by cryptographic means. Only card readers specifically programmed to accept PSCs can undertake this functionality.
I hope this clarifies the matter for Deputies.
1872. Deputy John Curran asked the Minister for Employment Affairs and Social Protection the reviews or analysis that have been carried out to assess the adequacy or otherwise of the living alone allowance; if none have been carried out in recent years, her plans to conduct such a review; and if she will make a statement on the matter. [38195/17]
View answerPrimary weekly social welfare payments are intended to enable recipients to meet their basic day-to-day income needs. In addition to the living alone increase my Department pays out a range of other payments, both cash and non-cash on a weekly, monthly or less frequent basis. These payments are considered secondary in nature.
The living alone increase is an additional payment of €9.00, and it is not a payment in its own right, but rather it is a supplement to a social welfare payment made to people aged 66 years or over who are in receipt of certain social welfare payments, who are living alone, (the increase is not means tested payment). It is also available to people who are under 66 years of age, who are living alone and are in receipt of Disability Allowance , Invalidity Pension, Incapacity Supplement and Blind Pension. There are currently 196,509 recipients of the living alone Increase.
The rate of primary and secondary payments to pensioners, and their adequacy, are considered in the context of the annual budgetary process. In doing so, the Government considers evidence from a wide range of sources, including agencies such as the CSO, and also research submitted by advocacy groups such as the Vincentian Partnership for Social Justice, who have a measure they call the “Minimum Essential Standard of Living (MESL)”. I am informed that the minimum level of income considered adequate as set out by that measure is €214.69 weekly for a single person of working age, and €216.38 weekly for a pensioner.
The combined payments made to recipients of the Living Alone Allowance – which includes their primary payments (such as Disability Allowance or a State pension non-contributory), the Living Alone Allowance, Fuel Allowance and Household benefits - result in weekly income that is above both of those thresholds. Currently, a recipient of disability allowance who lives alone receives the equivalent weekly income of approximately €221.30 per week, and a state pension non-contributory recipient living alone receives the equivalent of a weekly income support of some €255.30 per week, both of which are in excess of that standard.
While this means that payments are in excess of these adequacy thresholds found by the Vincentian Partnership for Social Justice, the ambition of the Government in this regard is more than adequacy, and where budgetary constraints can be overcome, the Government has striven to increase them to higher levels. The level of the Living Alone Allowance is reviewed on a periodic basis. Any increases are, however, subject to the normal budgetary constraints.
I hope this clarifies the matter for the Deputy.
1873. Deputy John Curran asked the Minister for Employment Affairs and Social Protection the number of males and females respectively in receipt of the living alone allowance for each of the past five years; and if she will make a statement on the matter. [38196/17]
View answerThe information requested (where available) by the Deputy is detailed in the table.
|
Recipients of Living Alone Allowances by Scheme and Gender at 31 December in each of the years 2012 to 2016 |
|||
|
Disability Allowance |
|||
|
Year |
Male |
Female |
Total |
|
2012 |
14,613 |
8,597 |
23,210 |
|
2013 |
15,079 |
8,927 |
24,006 |
|
2014 |
15,655 |
9,323 |
24,978 |
|
2015 |
16,542 |
9,967 |
26,509 |
|
2016 |
17,197 |
10,487 |
27,684 |
|
Invalidity Pension |
|||
|
Year |
Male |
Female |
Total |
|
2012 |
4,931 |
4,088 |
9,019 |
|
2013 |
5,069 |
4,279 |
9,348 |
|
2014 |
4,995 |
4,374 |
9,369 |
|
2015 |
4,950 |
4,496 |
9,446 |
|
2016 |
4,940 |
4,563 |
9,503 |
|
Recipients of Living Alone Allowances by Scheme and Gender at 31 December in each of the years 2012 to 2016 |
|||
|
State Pension (Non-Contributory) Pension |
|||
|
Year |
Male |
Female |
Total |
|
2012 |
11,983 |
20,871 |
32,854 |
|
2013 |
12,193 |
20,776 |
32,969 |
|
2014 |
12,384 |
20,524 |
32,908 |
|
2015 |
12,794 |
20,503 |
33,297 |
|
2016 |
13,107 |
20,284 |
33,391 |
|
State Pension (Contributory) |
|||
|
Year |
Male |
Female |
Total |
|
2012 |
31,316 |
29,121 |
60,437 |
|
2013 |
32,326 |
29,908 |
62,234 |
|
2014 |
33,878 |
31,001 |
64,879 |
|
2015 |
35,733 |
32,416 |
68,149 |
|
2016 |
37,240 |
33,516 |
70,756 |
|
Widow's, Widower's or Surviving Civil Partner's Contributory Pension |
|||
|
Year |
Male |
Female |
Total |
|
2012 |
4,098 |
44,695 |
48,793 |
|
2013 |
4,347 |
45,250 |
49,597 |
|
2014 |
4,582 |
45,783 |
50,365 |
|
2015 |
4,908 |
46,836 |
51,744 |
|
2016 |
5,147 |
47,475 |
52,622 |
1874. Deputy John Curran asked the Minister for Employment Affairs and Social Protection her plans to introduce legislation or amend legislation in view of a recent Supreme Court case challenging the constitutionality of a law stopping payment of the contributory old age pension to prisoners; and if she will make a statement on the matter. [38197/17]
View answerMy Department has noted the recent judgment of the Supreme Court case referred to by the Deputy.
That judgment is currently being evaluated by my officials in conjunction with the Office of the Attorney General and officials of other Departments.
Accordingly, as I’m sure the Deputy can appreciate, I am not yet in a position to discuss possible legislative amendments or otherwise pending policy and legal advice and consideration of the issues further by Government.
I hope this clarifies the matter for the Deputy.
1875. Deputy John Curran asked the Minister for Employment Affairs and Social Protection her plans to establish a mandatory pension scheme with auto-enrolment; the consultations that have taken place to date on such a scheme; when a scheme may become operational; and if she will make a statement on the matter. [38202/17]
View answerThe rate of supplementary pension coverage in Ireland is 47% of the working population and this reduces to 35% when the private sector is considered in isolation. Whilst the State pension provides a reasonable basic level of income and guards against poverty in retirement, if measures are not taken to address this low rate of supplementary coverage, many future retirees will experience unwanted reductions in living standards when they reach retirement.
I intend to make pension reform a priority in my term as Minister for Employment Affairs and Social Protection. To this end, I can confirm my intention to publish and commence in the coming months the implementation of a number of measures for the reform of pensions. In addition to a range of other long term reform measures, these measures will detail proposals and timelines for a transition from the current and purely voluntary supplementary pension system to one which will, subject to certain parameters, automatically enrol employees into a quality assured retirement savings system. This reform, where the saver will maintain the freedom of choice to opt-out, will encourage long term saving and asset accumulation amongst those who may otherwise suffer a reduction in living standards at retirement. It will increase the wellbeing, financial security and independence of future retirees.
In order to facilitate input from those with an interest in this area and to utilise the range of existing expertise, approximately 35 organisations and representative bodies were previously invited to outline their views on the potential parameters of an auto enrolment system. Officials in my Department subsequently met with many of these sectoral interests to discuss the submissions received and allow further articulation of views. Additionally, a number of consumer focus groups have been held to establish attitudes towards mandatory and auto enrolment retirement savings systems.
In addition to the above, consultations have also taken place with international/Irish subject matter experts to inform the deliberative process. This includes experts from Australia, New Zealand, Canada, the United Kingdom, the United States and the OECD.
A review of international auto enrolment retirement systems has confirmed that success is dependent on well tested design and securing member trust. To this end, further detailed evidence building and consultation will be undertaken to inform fundamental choices which are required regarding the preferred operational structure and organisational governance for a new system as well as design elements such contribution levels, financial incentives and target membership. Correctly positioning/designing each of these will be critical to the success of any system.
I hope this clarifies the matter for the Deputy.
1876. 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. [38263/17]
View answerI confirm that my department received an application for carer’s allowance (CA) from the person concerned on 28 April 2017.
Additional information was requested from the person concerned on 22 June 2017. Following receipt of this information it was determined that the matter should be 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 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 .
1877. 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. [38264/17]
View answerMy department received an application for Carer's Allowance (CA) from the person concerned on 22 May 2017.
One of the qualifying conditions is that the means of the person concerned must be less than the statutory limit.
Following an investigation it was determined that the means of the person concerned were not less than the statutory limit and that she was therefore not entitled to CA.
The person concerned was notified on 4 September 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.
1878. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal of a refusal to grant carer's allowance by a person (details supplied); and if she will make a statement on the matter. [38265/17]
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 disallow 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 Employment Affairs and 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.
1879. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal of a refusal to grant carer's allowance by a person (details supplied); and if she will make a statement on the matter. [38266/17]
View answerAn application for carer's allowance (CA) was received from the person concerned on 13 February 2017.
CA is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
It has been decided that this condition has not been satisfied. It has also been decided that although the person concerned is providing a certain amount of care, the level provided is not considered to be full-time.
The person concerned was notified on 12 July 2017 of this decision, the reasons for it and of her right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of her application. Following this review the decision remained unchanged.
The person concerned was notified on 7 September 2017 of the outcome of the review, the reasons for it and of her right of appeal.
I hope this clarifies the matter for the Deputy.
1880. 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. [38267/17]
View answerThe person concerned is in receipt of carer's allowance (CA) for one care recipient since 23 November 2006. My Department received an application for CA for a second care recipient on the 12 July 2017. The application is currently being examined and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
1881. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance for a person (details supplied); and if she will make a statement on the matter. [38273/17]
View answerIt is a condition for receipt of Carer's Benefit (CARB) that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself.
The care recipient underwent a total knee replacement in February 2017 and CARB was initially awarded for a period of 3 months up to 9 August 2017, as it was decided that he required full-time care for that period.
Before the end of this 3 month period, the carer submitted further evidence in support of her claim for continued payment. This evidence was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 30 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.
1882. 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. [38275/17]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18th July 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 Employment Affairs and 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.
1883. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a disability allowance by a person (details supplied); and if she will make a statement on the matter. [38276/17]
View answerThe department has no record of an application for disability allowance having being made by this gentleman. If the person in concerned wishes to make an application, he should fully complete and submit applications form (DA1) so that his eligibility may be determined.
If he has submitted an application for DA in the last few days, there is no need to reapply and the department will be in touch with him in due course.
I trust this clarifies the matter for the Deputy.
1884. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of a carer's benefit application by a person (details supplied). [38286/17]
View answerAn application for carer’s benefit was received from the person concerned on 6 July 2017.
The application was awarded to the person concerned on 6 September 2017, with effect from 20 July 2017 when her carer’s leave commenced and the first payment will issue to the her nominated bank account on 14 September 2017.
Arrears of benefit due from 20 July 2017 to 13 September 2017 will also issue to her bank on 14 September 2017.
The person concerned was notified of the decision on 6 September 2017.
I hope this clarifies the matter for the Deputy.
1885. 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. [38287/17]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and 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.
1886. 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. [38290/17]
View answerI confirm that my department received an application for carer’s allowance from the person concerned on 26 June 2017. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
1887. Deputy Niall Collins asked the Minister for Employment Affairs and Social Protection the estimated cost to the Exchequer of a proposal (details supplied) in tabular form. [38310/17]
View answerThe cost of adjusting the class A PRSI employer’s rate for those earning less than €380 per week is contained in the table below.
|
New Rate |
Cost |
|
8.00% |
€19.5m |
|
7.75% |
€28.7m |
|
7.50% |
€37.9m |
|
7.25% |
€47.1m |
|
7.00% |
€56.3m |
|
6.75% |
€65.5m |
|
6.50% |
€74.7m |
|
6.25% |
€83.9m |
|
6.00% |
€93.1m |
|
5.75% |
€102.3m |
|
5.50% |
€111.4m |
|
5.25% |
€120.6m |
|
5.00% |
€129.8m |
|
4.75% |
€139.0m |
|
4.50% |
€148.2m |
|
4.25% |
€157.4m |
|
4.00% |
€166.6m |
These estimates are based on the latest available data and reflect macro-economic indicators for 2018. It should be noted that the estimates do not take into account any possible changes in employer behaviour arising from the rate changes.
