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Wednesday, 20 Sep 2017

Written Answers Nos. 703-726

Public Services Card

Questions (703)

Clare Daly

Question:

703. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the legal framework under which is it deemed mandatory for a person to respond to invitations being sent by her Department to discuss the issuing of new public services cards; and if she will make a statement on the matter. [39467/17]

View answer

Written answers

There is no legal framework under which is it deemed mandatory for a person to respond to invitations being sent by the Department to discuss the issuing of Public Services Cards. Where the Department may issue such an invitation, it is entirely a matter for the invitee to accept that invitation or otherwise.

Separately, the Department makes it clear to customers in receipt of social welfare payments or Free Travel entitlements that they do need to complete a SAFE 2 registration to access, or continue to access, payments and entitlements. In the main, customers are invited to a scheduled registration appointment, completion of which results in the issue of a PSC by post. The Department also issues reminder letters to customers, as required. Customers may also book a different time/date to suit them, either online via www.mywelfare.ie, by contacting the Department’s offices, or by walking in to ask for the next available appointment.

While the default SAFE 2 registration method is ‘face-to-face’ (as set out at Sections 263B, 241 and 247C (3) of the Social Welfare Consolidation Act 2005, as amended), the Department can and does make other arrangements with certain customers, where appropriate, to elevate their identity verification to the SAFE 2 standard. Combining high quality public service identity data with risk analysis and customer consent can, in some circumstances, allow the Department to complete the process by post rather than face-to-face. These alternative methods are further strengthened in that all photographs are subjected to facial image matching against previously held photographs. Additionally, the Department operates a mobile registration solution to cater for those persons incapable (for whatever reason) of attending a Department office. Although this approach works best in congregated environments, individual registrations (for example at a person’s residence) can be undertaken in exceptional circumstances. In this context, I want to make it clear that customers who face bona fide challenges to in-person attendance will not be disadvantaged, in terms of access to payments and/or availing of Free Travel entitlements.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Appeals

Questions (704)

Michael Healy-Rae

Question:

704. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied) for invalidity pension; and if she will make a statement on the matter. [39472/17]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 13 September 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 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.

Carer's Allowance Eligibility

Questions (705)

Bernard Durkan

Question:

705. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) qualifies for carer's or part carer's allowance in respect of a child; and if she will make a statement on the matter. [39498/17]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care. If a person is in receipt of another social welfare payment in their own right (other than unemployment payments or supplementary welfare allowance) or being claimed as a qualified adult on their spouse/partner's payment, a half-rate carer's allowance can be paid too as long as all the normal conditions for receipt of CA are satisfied.

These conditions require that the applicant is habitually resident in the State, must be providing full-time care and attention to a person who has such a disability that they require full-time care and attention and their means must be below the statutory limit.

The person concerned is in a receipt of a widow’s contributory pension. If she satisfies the qualifying conditions, CA would be paid at half-rate.

Accordingly, an application form (CR1) has been issued, which the person concerned should complete and return as soon as possible, in order that their entitlement to CA may be determined.

I hope this clarifies the matter for the Deputy.

Disability Allowance Eligibility

Questions (706)

Bernard Durkan

Question:

706. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if provision can be made for persons (details supplied) to receive separate disability assistance payments or invalidity pensions as opposed to an adult dependency payment; and if she will make a statement on the matter. [39502/17]

View answer

Written answers

I can confirm that my department received an application for disability allowance from this man on 27 June 2017. On 6 September 2017 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on his 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.

Social Welfare Overpayments

Questions (707)

Bernard Durkan

Question:

707. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in respect of the determination of an appeal following an oral hearing in the case of a person (details supplied) concerning an alleged overpayment; and if she will make a statement on the matter. [39511/17]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 2 August 2107 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when the appeal has been determined.

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.

State Pension (Contributory) Eligibility

Questions (708)

Marc MacSharry

Question:

708. Deputy Marc MacSharry asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 389 of 15 November 2016, the timeframe for proposals to be made available; if entitlement to a mixed insurance pro rata pension will still be an option for persons that have employment both in the public and private sectors; and if she will make a statement on the matter. [39532/17]

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Written answers

To qualify for a state pension (contributory) a person must have at least 520 paid contributions and satisfy a yearly average condition (a yearly average of 48 contributions paid or credited is required for a full rate State pension (contributory), and reduced rates of payment may be payable for pensioners with lower averages). Once over 16 years of age, the date a person enters into insurable employment is the date used for averaging purposes.

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 later this year, a refined proposal will be developed.

My Department will then 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, which in turn will require legislation to be passed by the Oireachtas.

There is no single Pro Rata Contributory Pension. However there are arrangements which operate on such a basis. A mixed insurance pro-rata State pension is one of a number of alternative qualifying methods introduced to ensure that as many people as possible qualify for a State pension contributory. This was introduced in 1991 and was designed to ensure that people who have contributed to the social insurance system at different rates receive a pension which reflects the proportion of full rate contributions which exists in their overall insurance record.

This pension is calculated by taking the total number of contributions (modified and full rate) a person has paid over their working life and applying the average contributions test to arrive at the rate which would be paid if all contributions were at the full rate. The actual rate to be paid is determined by the proportion of full rate contributions in the overall record. There are also pro-rata arrangements which may apply when calculating pensions due under international social security agreements. The requirements to qualify for such pensions may depend upon the circumstances of the person and their insurance record in Ireland and abroad.

I hope this clarifies the matter for the Deputy.

Family Income Supplement Applications

Questions (709)

Bernard Durkan

Question:

709. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if an application for FIS can be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [39544/17]

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Written answers

Family Income Supplement (FIS) is a weekly tax-free payment available to employees with one or more qualified children. The scheme provides additional financial support to employees on low pay. One of the conditions for receipt of FIS is that an applicant or the applicant and spouse, partner or cohabitant must be engaged in full-time remunerative employment as an employee for not less than 38 hours per fortnight or 19 hours per week.

An application for FIS in respect of the person concerned was submitted to this Department on 28th August 2017.

A Deciding Officer initially decided to disallow the person’s application and the applicant was notified of the decision on 8th September 2017.

A Deciding Officer has subsequently reviewed this decision and decided that the person concerned is entitled to FIS from the date they applied for the payment. Notification of this decision will issue on 19th September 2017.

Household Benefits Scheme

Questions (710)

Richard Boyd Barrett

Question:

710. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection her plans to replace or reinstate the telephone allowance for elderly persons; and if she will make a statement on the matter. [39572/17]

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Written answers

The savings arising from the initial reduction and subsequent discontinuance of the telephone allowance meant that my Department was able to retain the other valuable elements of the household benefits package such as the electricity and gas allowance and the television licence. My Department will spend approximately €232 million this year on these elements of the household benefits package for over 429,000 customers.

The cost of the telephone allowance scheme had risen significantly each year, as the number of eligible customers grew. At the end of September 2013 there were almost 396,000 receiving the telephone allowance compared to approximately 316,000 people in 2007. This was an increase of 25%, or an average increase of nearly 4% per annum.

While the telephone allowance was of assistance to those who qualified for it, the nature of the market has been transformed in recent years with deregulation, mobile services and bundled services including television, broadband and telephone. It makes the former notion of an allowance covering handset rental, standing charges and a number of calls somewhat outdated, when similar assistance can be achieved by increasing the rate of core payments, which benefit people regardless of whether they have a landline or not, and which can be spent by the recipients either on their landline-related costs, or on something else of their own choosing.

The Government is keenly aware of the impact of Budget decisions on the Department’s clients, and strives to ensure that the money available is targeted in the most effective way. In Budget 2016, the personal rate of the non-contributory pension was increased by €3, to €222, and the contributory pension was also increased by €3, to €233.30. There was also a €2.50 increase in the rate of the Fuel Allowance, from €20 to €22.50 per week.

In Budget 2017, there was a further increase in the rate of State pensions by €5, which has increased the maximum personal rate of the non-contributory pension to €227, and of the maximum rate of the contributory pension to €238.30.

Therefore, over the past two Budgets, the maximum weekly rate for State Pensions has increased by €8 per week, along with pro-rata increases for Increases for Qualified Adults. The value of these increases is well in excess of the value of the telephone allowance previously provided.

Any decision to restore the telephone allowance would have to be considered in the context of overall budgetary negotiations. In the previous two Budgets, the Government has concentrated resources on increasing the rate of the pension, rather than on the Household Benefits package.

I hope this clarifies the matter for the Deputy.

Data Sharing Arrangements

Questions (711)

Paul Murphy

Question:

711. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection the steps that have been taken in sharing the personal data of those claiming social protection payments with driver licence data held by the RSA; the purpose of this project; if her departmental staff are to be involved in roadside checks; her views on the data rights of claimants; and if she will make a statement on the matter. [39641/17]

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Written answers

The project relates to the verification of personal identity to a substantial level of assurance.

In 2005, the Government agreed a standard for establishing and verifying an individual’s identity for the purposes of accessing public services. This standard is known as the Standard Authentication Framework Environment – or “SAFE”.

The SAFE standard has four levels:

Safe 0 = No assurance of identity

Safe 1 = Balance of probabilities (the minimum authentication level for the allocation of a PPS Number)

Safe 2 = Substantial assurance (the minimum authentication level for issuing a Public Services Card)

Safe 3 = Beyond reasonable doubt

The Department operates a number of methods to SAFE 2 register a person (i.e. verify their identity to a substantial level of assurance). The usual method involves a combination of all of the following:

- a face-to-face meeting,

- the collection and verification of the person’s Public Service Identity (PSI) data set,

- the examination/validation/verification of at least two documents supporting identity, and

- photo capture and matching.

As part of the verification process the person’s photo is run through software to check against other photos that have already been taken during other SAFE 2 registrations. This is to detect and/or prevent duplicate registrations.

Accordingly, SAFE Level 2 registration allows a person to verify their identity once for public service purposes because it is to a substantial level of assurance. Consequently, it eliminates the need for a person to repeatedly register their identity information when accessing public services. It makes it more difficult for someone else to claim to be a person and so helps to eliminate “identity theft” and fraudulent access to someone else’s data. It also facilitates the provision of high-value and personalised public services online – in a way that isn’t possible without robust identity verification.

My Department has been implementing SAFE 2 identity verification on a phased basis since 2011. More recently, other public service bodies have begun implementing it for their services. As a consequence, and in addition to services from my Department, SAFE 2 identity verification is now required for –

- First time adult passport applicants in the state.

- Replacement of lost, stolen or damaged passports issued prior to January 2005, where the person is resident in the State.

- Citizenship applications.

- Driver Theory Test Applicants.

- Access to high value or personal online public services, e.g. Social Protection’s MyWelfare and Revenue’s MyAccount services.

The Department of Public Expenditure and Reform recently published the eGovernment Strategy 2017 – 2020 which lists a number of additional public services for which SAFE 2 registration will be required over the next 18 months or so, with others likely to be added over time. That Strategy is available on the Department of Public Expenditure and Reform’s dedicated website at http://egovstrategy.gov.ie/.

While the face-to-face meeting mentioned above is the usual method of SAFE 2 registering a person, the Department does operate other processes where possible. In line with SAFE principles to build on already existing infrastructure (and subject to appropriate risk analysis, legally based data sharing and the consent of the individual), upgrading existing customers to SAFE Level 2 is undertaken as much as possible using relevant data already held by the State (e.g. Driver’s License, Passport Office, All-Ireland Free Travel Scheme) combined with a number of other items and processes. Examples of this include some pensioners who have had a passport photograph verified in a face-to-face interaction at passport application and some Free Travel clients who personally collect their primary Social Welfare payments at a Post Office not needing to attend a Department office for a face-to-face interview but instead providing by post whatever other information is required to register them to SAFE 2.

In addition, and specifically with regard to the Deputy’s question, certain persons who have renewed their Driver’s Licence since March 2014 and in doing so have provided the Road Safety Authority with personal identity information and a photograph are also being offered the opportunity to complete the SAFE 2 registration process without attending a Department office. This is entirely voluntary and is being provided to people as a convenience rather than a requirement. Details of this initiative are set out in a Privacy Impact Assessment on my Department’s website at: www.welfare.ie/en/downloads/Privacy_Impact_Assessment_RSA_data-Jan2017.pdf.

In each of these approaches, as in the face-to-face meeting approach, photographs are checked against photographs from other SAFE registrations.

The SAFE 2 identity verification process has absolutely no connection whatsoever with the practice whereby Departmental Inspectors participate in Multi Agency Vehicle Checks with An Garda Síochána and a number of other agencies.

I trust that this clarifies the matter for the Deputy.

Back to Work Enterprise Allowance Scheme

Questions (712)

Róisín Shortall

Question:

712. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection if she will provide details of the background to the handling of an application for back to work enterprise allowance by a person (details supplied) in Dublin 9; the basis on which this application was declined; the social welfare record on which this decision was made; and if she will make a statement on the matter. [39667/17]

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Written answers

As the Deputy is aware from her previous correspondence with the relevant Area Manager, the person concerned was referred to Jobpath, one of the department’s activation measures, earlier this year and was advised that they should discuss their business plans with their personal advisor, after which the advisor would be in a position to refer them to the relevant services to support their application. The person concerned failed to engage with the Jobpath service and decided in July this year to close his jobseeker claim. In August 2017 the person concerned submitted an application for Back to Work Enterprise Allowance (BTWEA) to the BTWEA policy section, this application was then forwarded to his local Intreo Centre for assessment. One of the primary eligibility criteria to qualify for BTWEA is that an applicant must be in receipt of a qualifying DEASP payment. As the person concerned had closed his jobseekers allowance claim in July and was not in receipt of any other qualifying payment, he did not qualify for BTWEA. The person concerned was advised in writing of this decision on 7th September 2017.

I hope this clarifies the matter for the Deputy.

Programme for Government Implementation

Questions (713)

Richard Boyd Barrett

Question:

713. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the status of the commitments in the programme for Government in relation to improving the lives of persons with disabilities. [29820/17]

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Written answers

My Department is making progress across a number of commitments in the Programme for Government that relate to people with disabilities. In particular, the national network of Intreo centres is now available to people with disabilities who wish to engage, on a voluntary basis, with a case officer to develop a personal progression plan to assist them in exploring their employment goals. The programme also identifies the Comprehensive Employment Strategy as a key objective in securing better outcomes for persons with disabilities and in particular the issue of ensuring that “work always pays more than welfare”. In this regard, the “Make Work Pay” Report (MWP), designed to help people with disabilities overcome barriers to finding work, was published in April last. The report made 24 recommendations. A number of actions relevant to my Department have already been implemented including; people with a long-term disability payment who move off the payment to get a job will retain their Free Travel Pass for a period of five years; a “fast–track” reinstatement of Disability Allowance, or Invalidity Pension for people where employment does not work out; and development is underway on a new “ready reckoner”, to calculate the net benefits and financial implications of working.

Amending legislation dispensing with requirement that work must be of a rehabilitative nature is included in Social Welfare, Pensions and Civil Registration Bill 2017. There is a considerable administrative burden attached to this process and therefore the proposed changes, in addition to refocussing on a person’s capacity and avoiding any misunderstanding around the rehabilitative nature of work, will result in a reduction in the administrative burden on doctors and on the Department.

In addition, following my commitment at the launch of the report my Department has engaged on a wider consultation process with disability sectoral groups, people with disabilities and parents of people with disabilities, on recommendations 9 and 10 of the MWP report relating to early interventions. This consultation process demonstrates my commitment to ensuring that people with disabilities have an opportunity to input into this important policy area.

Other areas where there is progress include: an evaluation of the EmployAbility service completed in 2016 followed by the establishment of a working group to commence implementation of the operational recommendations contained in the report; increases of €5 per week in the maximum rate of weekly social welfare payments from March 2017; and promoting employment supports available to people with disabilities at the Department’s Annual Jobs Fair.

Widow's Pension Eligibility

Questions (714)

Bernard Durkan

Question:

714. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the eligibility for widower's pension in the case of a person (details supplied); if her Department will accept a certified copy of a marriage certificate as evidence of preceding divorce with particular reference to the fact that a certified copy of same was accepted by authorities in Northern Ireland to proceed with a second marriage; and if she will make a statement on the matter. [39707/17]

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Written answers

In order to qualify for a widower’s contributory pension, the surviving spouse must be deemed, under Irish law, to be the legal widower of the deceased.

The person concerned was previously married in Ireland and subsequently divorced in Northern Ireland. In order for a foreign divorce to be recognised in this State, one of the parties must be domiciled in the country granting the divorce when proceedings were initiated. The provisions pertaining to the recognition of divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986.

One of the criteria in establishing a domicile of choice would be that the person intended to reside permanently, or at least indefinitely, in the jurisdiction of the state granting the divorce. The evidence available to this Department shows that the person concerned and his first spouse, to whom he was legally married in Ireland, were domiciled in Ireland at the time their divorce proceedings were initiated in Northern Ireland.

The person concerned has been afforded the opportunity to provide evidence that would demonstrate that either party to the first marriage was domiciled in Northern Ireland at the time divorce proceedings were initiated. A certified copy of the certificate relating to the second marriage of the person concerned does not satisfy this criterion. No response has been received from the person concerned to date.

When a final decision on eligibility of the person concerned to widower(s) pension is made, the person will be notified in writing of the outcome. If the person concerned is not satisfied with the deciding officer’s decision, they will be afforded the opportunity to appeal the decision to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2.

I hope this clarifies the matter for the Deputy.

Social Welfare Offices

Questions (715)

Richard Boyd Barrett

Question:

715. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if she will provide computer facilities for persons to search for jobs in the Dún Laoghaire social welfare office in view of the fact that the office has had no online facilities for persons to use since mid-2016; and if she will make a statement on the matter. [39708/17]

View answer

Written answers

Jobsireland.ie is a web service that enables employers to post job opportunities and jobseekers to search and apply for these opportunities online. There are currently almost 6,500 vacancies advertised on the site.

The service has been available since the 1990s and was originally provided on a website operated by FÁS. When my Department took over responsibility for the public employment service, it was clear that the website did not provide the range of functionality offered by public employment services in other European countries. In addition, the site operated on old technology which is now obsolete.

Accordingly my Department tendered for the provision of a new multi-functional service. The new service was introduced in July 2016. It enables employers and jobseekers to search for each other using competencies and skillsets as well as the traditional job type classifications. It also operates in the background to automatically match candidate CVs to job specifications posted by employers and notify both the candidates and the employers when a match is found. Employers and candidates can communicate with each other using system messaging.

The new service will shortly integrate with my Department’s Intreo service and be of benefit to case workers as they support jobseekers in their efforts to find employment.

JobsIreland is accessible on a variety of devices such as Personal Computers, Laptops, Tablets and Smartphones. Jobseekers can also avail of internet facilities provided by Jobs Clubs, Local Employment Service, JobPath providers and Library Service. In Dún Laoghaire, these are provided by the Southside Partnership Local Employment Service (and Jobs Club), JobPath (Skills Team Employment Service) and the public library.

My Department has a National Contact Centre which provides employers and jobseekers who use the JobsIreland website with information, advice and support. Anyone needing assistance can contact the Centre by email at jobsireland@welfare.ie or by phone on 1890 800 024.

School Meals Programme

Questions (716)

Paul Kehoe

Question:

716. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection the funding allocated to schools (details supplied); the funding that was used; the area in which unused funds will be spent; and if she will make a statement on the matter. [39709/17]

View answer

Written answers

The school meals programme provides funding towards the provision of food to schools and organisations at a total cost of some €47.5 million in 2017. As part of Budget 2017, the funding for the scheme was substantially increased this year by an additional €5.5 million (13% over the previous year’s allocation) which will benefit over 50,000 additional children from September 2017 bringing the total number of schools in the scheme to some 1,700 and the number of children supported to up to 250,000.

Budget 2017 funding provides for the inclusion in the scheme, from September 2017, of up to 240 new schools supporting 47,000 children. This includes 65 newly designated DEIS schools and 174 non-DEIS schools selected in consultation with the Department of Education and Skills. This is the first time in many years that increases are being provided outside of DEIS.

In addition, breakfast is available to all children attending DEIS schools and lunch is provided for the majority of children in these schools.

Applications for the scheme for the current school year are being received and processed. It is expected that the full funding available under the scheme will be allocated over the coming weeks.

Invalidity Pension Eligibility

Questions (717)

Bernard Durkan

Question:

717. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the eligibility for an invalidity pension in the case of a person (details supplied) who is currently in receipt of a disability allowance; and if she will make a statement on the matter. [39717/17]

View answer

Written answers

Invalidity 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 lady concerned is in receipt of IP at the maximum weekly personal rate awarded with effect from 25 October 2012. In addition, she is in receipt of the living alone allowance, fuel allowance and a travel pass.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Payments

Questions (718)

Bernard Durkan

Question:

718. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the appropriate payment to be in receipt of in the case of a person (details supplied); and if she will make a statement on the matter. [39720/17]

View answer

Written answers

Invalidity pension 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 gentleman concerned has been in receipt of invalidity pension since 11 June 2009. The department received a claim for widower’s contributory pension from him on 02 August 2017 and he has an entitlement to this payment from 18 August 2017. However, social welfare legislation does not permit the payment of widower’s pension at the same time as invalidity pension. As both payments are, in this case, payable at the same rate, he will remain on invalidity pension and benefit from additional Social Welfare benefits. The gentleman concerned was notified of this decision by letter on 08 August 2017.

I hope this clarifies the matter for the Deputy.

Pensions Reform

Questions (719)

Clare Daly

Question:

719. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection her plans to improve the scrutiny of pension trustees, in particular regarding situations in which they close a scheme to distribute the assets in a fair and timely fashion. [39721/17]

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Written answers

All dealings and decisions made by corporate or individual trustees of an occupational pension scheme are governed by legislation and enforced through the supervision of the Pension Authority.

Legislation together with the trust deed and scheme rules sets out the trustees’ duties and responsibilities. Trustees of pension schemes must act in the best financial interests of the scheme members and must serve all beneficiaries of the scheme impartially. If there is a conflict of interest then a person’s duty as a trustee must take precedence over other interests.

The rules governing the role of a trustee member are constantly being enhanced. Earlier this year the Pensions Authority carried out a public consultation process on proposals to impose higher standards for trustees. The transposition of the new EU Directive IORP II by January 2019 will also further advance the duties and supervision of trustees.

I hope this clarifies the matter for the Deputy.

Gender Equality

Questions (720)

Clare Daly

Question:

720. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the steps she will take to address the structural inequality caused by precarious work practices here which is adversely affecting the living standards of women. [39722/17]

View answer

Written answers

Policy responsibility for gender equality in employment remains with my colleagues the Minister for Justice and Equality, Charlie Flanagan TD and David Stanton TD, Minister of State for Justice with special responsibility for Equality, Immigration, and Integration. To that end, the Department of Justice and Equality are currently undertaking a public consultation seeking views on the factors creating the gender pay gap. See attached link: http://genderequality.ie/en/GE/Pages/WP17000002.

Regarding my Department, on 2nd May last the Government approved legislative proposals in response to the commitment in the Programme for Government to address the problems caused by the increased casualization of work and to strengthen the regulation of precarious employment.

The draft proposals aim to address key issues which have been identified as being areas where current employment rights legislation can be strengthened to the benefit of employees, particularly low-paid, more vulnerable workers, without imposing unnecessarily onerous burdens on employers and businesses.

Officials in my Department are working closely with the Office of the Parliamentary Counsel on the drafting of this legislation and it is intended to publish this Bill before the end of the year, subject to Government approval.

Legislative Measures

Questions (721)

Seán Haughey

Question:

721. Deputy Seán Haughey asked the Minister for Employment Affairs and Social Protection the position regarding the drafting of legislation to exclude compensation awards arising from a tragedy (details supplied) as means for social welfare payments; and if she will make a statement on the matter. [39762/17]

View answer

Written answers

Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person for social assistance means testing purposes.

My Department is currently considering the appropriate legislative amendments for disregarding awards from the Stardust compensation scheme.

It should be noted that any such awards have been disregarded on an administrative basis since 15 December 2016 and accordingly, no such payments will be assessed as means for social welfare means testing purposes.

Illness Benefit Appeals

Questions (722)

Charlie McConalogue

Question:

722. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when a file will be referred to the social welfare appeals office for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [39763/17]

View answer

Written answers

Illness/Injury Benefit are payments available to persons who are unable to work due to incapacity. To claim a person must apply within a certain time frame which is laid down in regulations.

The person concerned claimed Illness/Injury Benefit on 8 November 2016 in respect of work incapacity following an occupational accident which occurred on 3 December 2015. As the claim was not made within the time frame allowed, it was not granted.

The person concerned appealed the decision to the independent Social Welfare Appeals Office and the file was referred there on 18 September 2017 for determination. The person concerned will be informed of the decision.

I hope this clarifies the matter for the Deputy and my Department regrets the delay in submitting the case to the Appeals Office.

Jobseeker's Allowance Data

Questions (723)

Richard Boyd Barrett

Question:

723. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the full cost in 2018 for abolishing the reduced jobseeker's allowance rates for persons under 26 years of age. [39792/17]

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Written answers

The full year cost of increasing the age-related reduced rates of Jobseeker’s Allowance, from €102.70 per week (for 18 to 24 year olds) and €147.80 per week (for 25 year olds) to €193 per week is €108.9 million in 2018. This includes the cost of bringing the qualified adult rate for those on the €102.70 rate up to the maximum of €128.20 per week. It also includes the cost of increasing the equivalent age-related reduced rates for Supplementary Welfare Allowance.

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

Child Benefit Data

Questions (724)

Richard Boyd Barrett

Question:

724. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the full cost in 2018 of increasing child benefit in respect of children over 12 years of age by €30. [39793/17]

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Written answers

Child Benefit is a monthly payment made to families with children in respect of all qualified children up to the age of 16 years. The payment continues to be paid in respect of children up to their 18th birthday who are in full-time education, or who have a disability. Child Benefit is currently paid to around 619,880 families in respect of some 1.2 million children, with an estimated expenditure of over €2 billion in 2017.

The estimated annual amount it would cost to increase Child Benefit by €30 for children over the age of 12 would be in the region of an additional €134 million.

The adoption of such a proposal would have significant cost implications and would have to be considered in an overall budgetary context.

Disability Allowance Applications

Questions (725)

Bernard Durkan

Question:

725. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if she will review an application for disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39801/17]

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Written answers

I confirm that my department received an application for disability allowance from this lady on 28 July 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.

Pensions Reform

Questions (726, 736, 743)

Niamh Smyth

Question:

726. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection her plans to reform the pension system which currently discriminates against persons, mainly women, that took time out of the workforce prior to 1994 to care for children or elderly relatives; and if she will make a statement on the matter. [39811/17]

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Bernard Durkan

Question:

736. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which she expects to be in a position to address the issues in the context of State pension provisions and the requirements of women that find themselves with insufficient contributions to qualify due to taking time off from the workforce while rearing their children; and if she will make a statement on the matter. [39885/17]

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Martin Heydon

Question:

743. Deputy Martin Heydon asked the Minister for Employment Affairs and Social Protection her plans to review the calculation basis for the contributory old age pension in view of the impact the averaging system is having on many women in particular that for different reasons took breaks from work and are now receiving lower pensions; and if she will make a statement on the matter. [39895/17]

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Written answers

I propose to take Questions Nos. 726, 736 and 743 together.

The State pension is a valuable benefit and is the bedrock of the pension system. There are two State pensions related to State pension age. The State pension (non-contributory) is a means-tested pension funded from taxation, whereas the State pension (contributory) is not means-tested and is paid from the Social Insurance Fund. Accordingly, it is important to ensure those qualifying for the latter 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.

The homemaker's scheme makes qualification for a higher rate of State pension contributory easier for those who take time out of the workforce for caring duties. The scheme, which was introduced in and took effect for periods from 1994, allows up to 20 years spent caring for children under 12 years of age, or caring for incapacitated people over that age, to be disregarded when a person’s social insurance record is being averaged for pension purposes, subject to the standard qualifying conditions for State pension contributory also being satisfied. This has the effect of increasing the yearly average of the pensioner, which is used to set the rate of his or her pension.

Where someone does not qualify for a full rate contributory pension, they may qualify for an alternative payment. If their spouse has a contributory pension, they may qualify for an increase for a qualified adult, amounting up to 90% of a full rate pension. Alternatively, they may qualify for a means-tested State pension non-contributory, which amounts up to 95% of the maximum contributory rate.

The Actuarial Review of the Social Insurance Fund in 2012 confirmed that the Fund provides better value to female rather than male contributors. This is due to the redistributive nature of the Fund. The average pension payments made by my Department to men and women over 66 years of age are within approximately 2% of each other.

Work is under way to replace the yearly average system with a Total Contributions Approach. Under this approach, the rate of pension paid will more closely reflect the total number of contributions made by people, not when they paid them. The position of homemakers is being carefully considered in developing this new system of calculating the State Pension (contributory).

It is hoped that this approach to pension qualification will replace the current one from 2020. Following completion of the actuarial review of the Social Insurance Fund this year, 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 for the new approach, and then proceed to introduce legislation to give effect to this reform.

I hope this clarifies the matter for the Deputies.

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