Written Answers Nos. 484-497
484. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection if an appeal by a person (details supplied) will be reviewed; and if full payment will be restored following a review of circumstances. [51538/17]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 17 October 2017. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.
I am advised that the person concerned has submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.
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.
485. Deputy John Brady asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that county councillors, who meet the financial criteria to qualify for family income supplement, cannot access the payment because local authorities will not sign off fewer than 19 hours of work; her plans to address the issue; and if she will make a statement on the matter. [51559/17]
View answerThe Family Income Supplement (FIS), re-designated under Budget 2018 as the Working Family Payment (WFP), is an in-work support which provides an income top-up for employees on low earnings with children. The WFP/FIS is designed to prevent in-work poverty for low paid workers with child dependants and to offer a financial incentive to take-up employment. There are currently over 57,000 families with more than 127,000 children in receipt of WFP/FIS, with an estimated spend this year of approximately €422 million. To qualify for WFP/FIS, a person must be
a) engaged in remunerative full-time employment as an employee which is expected to last for at least 3 months, and
b) be working for a minimum of 38 hours per fortnight or 19 hours per week.
A couple may combine their hours of employment to meet the qualification criteria. The applicant must also have at least one qualified child who normally resides with them or is supported by them. Furthermore, the average family income must be below a specified amount, which varies according to the number of qualified children in the family.
Elected members of local authorities (better known as ‘councillors’) are office holders. They are not local authority employees and do not qualify for WFP/FIS on foot of their role as county councillors.
A councillor who is otherwise engaged in remunerative full-time employment may qualify for WFP/FIS, subject to meeting the criteria outlined above. It is also possible for the household of a County Councillor to receive a WFP/FIS payment where the spouse, civil partner or cohabitant of the County Councillor meets the qualifying criteria.
486. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if and when disability allowance will issue to a person (details supplied); and if she will make a statement on the matter. [51567/17]
View answerI confirm that my Department received an application for disability allowance from this gentleman on 10 November 2017.
The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. A request for additional information was also sent to this gentleman on 1 December 2017.
Once the SWI has submitted his/her report to DA section, and the information requested is received, a decision will be made on the application and the person concerned will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
487. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason for the delay in issuing supplementary welfare allowance to a person (details supplied); if payment will issue in view of the hardship being caused in this case in the absence of same; and if she will make a statement on the matter. [51568/17]
View answerThe person concerned applied for supplementary welfare allowance. Following the submission of outstanding required documentation, payment will issue by cheque to the person concerned on Wednesday 6/12/17 and will include all arrears due. An exceptional needs payment will issue on the same day to meet immediate hardship. I trust this clarifies the matter for the Deputy.
488. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) is eligible for fuel allowance; and if she will make a statement on the matter. [51569/17]
View answerEntitlement to a fuel allowance has been processed in the case of the person concerned and a fuel allowance has been awarded with effect from 7/11/17. Payment of fuel allowance, inclusive of all outstanding arrears, will be included in the jobseeker’s allowance payment of the person concerned on 5/12/17. I trust this clarifies the matter for the Deputy.
489. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied). [51581/17]
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 allow 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 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.
490. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the rationale for choosing 1 October 2017 for the introduction of the reformed maternity leave entitlement scheme; the qualifying criteria for the scheme; her plans to review the scheme; and if she will make a statement on the matter. [51602/17]
View answerThe Department of Justice and Equality has responsibility for maternity leave which is provided for in the 1994 and 2004 Maternity Acts. The Department of Employment Affairs and Social Protection has responsibility for the associated social welfare payment of maternity benefit as provided for in the Social Welfare Consolidation Act 2005 (as amended). On 3 October 2017 I, together with my colleague the Minister for Justice and Equality, Charlie Flanagan T.D, announced increased maternity leave and maternity benefit for mothers whose babies are born prematurely. The Government decided that the additional maternity leave and benefit would be available for mothers of premature babies born on or after 1 October 2017 and my Department is now working to make sure the necessary arrangements are put in place to meet that deadline. There are no plans to extend the new arrangements to mothers of premature babies born before that date.
Maternity Benefit is a payment made for 26 weeks to employed and self-employed pregnant women who satisfy certain pay related social insurance (PRSI) contribution conditions in order to avoid the need for them to work pre and post-delivery of their baby. The qualifying conditions for maternity benefit include that a claimant must:
- Be in employment which is covered by the Maternity Protection Act, 1994, immediately before the first day of her maternity leave. The last day of insurable employment must be within 16 weeks of the end of the week in which her baby is due. (If she ceases employment, her Maternity Leave must commence from the following day) and
- be certified by her employer as entitled to maternity leave under the Maternity Protection Act, 1994 and
- have her expected date of confinement certified by a registered medical practitioner and
- have at least 39 weeks PRSI paid in the 12 months before the first day of her maternity leave
or
- at least 39 weeks PRSI paid since first starting work and at least 39 weeks PRSI paid or credited in the Relevant Tax Year or in the year following the Relevant Tax Year
or
- at least 26 weeks PRSI paid in the Relevant Tax Year and at least 26 weeks PRSI paid in the Tax Year prior to the Relevant Tax Year
Under the new arrangements, in addition to the current 26 weeks of paid maternity leave a mother will be entitled to an additional period of maternity leave and benefit where her baby is born prematurely, where she meets the ordinary qualifying criteria for the schemes.
The additional period will commence at the end of the standard 26 week period of paid maternity leave. The extended period to be added will be the number of weeks from the baby's actual date of birth up to two weeks before the expected date of confinement which would have been the 37th week of the pregnancy, at which point the current entitlement to 26 weeks leave and benefit would normally begin.
The rate of payment was increased to €235 per week from March 2017 and will further increase to €240 from 26 March 2018. In 2017 it is estimated that my Department will spend approximately €266 million on maternity benefit, in respect of an average of 22,000 recipients per week.
491. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied) for disability allowance; and when a decision can be expected in the case. [51609/17]
View answerI confirm that my Department received an application for disability allowance from this gentleman on 31 October 2017. The medical part of the application was incomplete and was returned to the gentleman on 10 November 2017. The completed medical report was received back from the gentleman on 27 November 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.
492. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied) for a half-rate carer’s allowance payment; and when a decision can be expected. [51610/17]
View answerI can confirm that my Department received applications for carer allowance (CA) from the person concerned in respect of her mother and son on the 31 May 2017 and 7 June 2017 respectively.
It is a condition for receipt of CA 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 continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied in respect of her mother.
CA was awarded to the person concerned from 8 June 2017 in respect of her son. She was awarded half-rate CA from 8 June 2017 to 8 November 2017 as she was in receipt of one-parent family payment (OFP) during this period. This stopped on 8 November 2017 when her child reached the OFP age threshold. Therefore, she has been awarded full-rate CA from 9/11/2017. Her first payment is due to issue to her nominated bank account on 14 December 2017. Arrears for the period 8 June 2017 to 13 December 2017 will issue shortly.
The person concerned was notified on 29 November 2017 of these decisions, the reasons for them and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
493. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection if a person (details supplied) has enough PRSI contributions to avail of a procedure. [51612/17]
View answerQualification for dental benefit is based on satisfying certain PRSI conditions; these vary depending on the age of the person concerned. The person concerned would need to have paid 260 PRSI contributions at the relevant classes, either 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 dental benefit as she does not have the required number of contributions paid in the relevant classes.
I hope this clarifies the matter for the Deputy.
494. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) is eligible for a widow's pension; the eligibility criteria in respect of which she would receive the highest level of payment; and if she will make a statement on the matter. [51616/17]
View answerAn application for widow’s contributory pension was received from the person concerned on the 15th of November 2017. The Deciding Officer has decided that the person concerned has an entitlement to widow’s (contributory) pension of €198.30 per week, the maximum rate payable to a person under age 66. It is noted that the person concerned is currently in receipt of an invalidity pension at the weekly rate of €198.30, together with an increase for living alone of €9.00 per week. Widow’s contributory pension and invalidity pension are not payable concurrently. As an increase for living alone is only payable with widow’s contributory pension once a claimant reaches 66 years of age, the person concerned is financially better off to remain on invalidity pension. The person concerned has been notified in writing of the deciding officer’s decision and does need to take any further action.
However, if the person concerned wishes to transfer to widow’s (contributory) pension payment without an increase for living alone, they should write to the deciding officer to confirm their request. In that instance, if the person continues to live alone when they reach 66 years of age, it is open to them to apply for an increase for living alone on their widow’s contributory pension.
I hope this clarifies the matter for the Deputy.
495. Deputy Joe Carey asked the Minister for Employment Affairs and Social Protection the number of applicants for domiciliary care allowance in 2015 and 2016; and if she will make a statement on the matter. [51689/17]
View answerDomiciliary care allowance is a payment made in respect of children under the age of 16 who have a severe disability that requires care and attention substantially in excess of another child of the same age without that disability. The need for the additional care and attention must be likely to last for at least 12 months. In 2015 a total of 6,422 applications for domiciliary care allowance were received by the Department, in 2016 that number of applications received increased to 7,434.
I hope this clarifies matters for the Deputy.
496. Deputy Joe Carey asked the Minister for Employment Affairs and Social Protection the number of successful applications for domiciliary care allowance in 2015 and 2016; and if she will make a statement on the matter. [51690/17]
View answerDomiciliary care allowance is a payment made in respect of children under the age of 16 who have a severe disability that requires care and attention substantially in excess of another child of the same age without that disability. The need for the additional care and attention must be likely to last for at least 12 months. In 2015 a total of 4,186 applications for domiciliary care allowance were awarded while in 2016 a total of 4,996 applications were successful.
I hope this clarifies matters for the Deputy.
497. Deputy Joe Carey asked the Minister for Employment Affairs and Social Protection the number of appeals the social welfare appeals office received for domiciliary care allowance in 2015 and 2016; the outcome of those appeals; and if she will make a statement on the matter. [51691/17]
View answerThe following table provides the details which have been requested by the Deputy in respect of 2015 and 2016. I have also included figures for domiciliary care allowance appeal receipts and outcomes to the end of October 2017. Overall, 79.8% (924) of domiciliary care allowance appeals finalised in 2015, and 80.6% (1,344) of domiciliary care allowance appeals finalised in 2016 had a favourable outcome for the appellant, i.e. were either allowed in full or in part, or resolved by way of a revised decision by a Deciding Officer. 81.3% (529) of domiciliary care allowance appeals finalised to end of October 2017 have had a favourable outcome for the appellant.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was wrong.
Where new evidence is provided with an appeal the original decision may be revised by the Deciding Officer as was the case in 27% of favourable outcomes for domiciliary care allowance appeals in 2015, 34.9% of favourable appeal outcomes in 2016 and 39.3% of favourable appeal outcomes to end of October 2017. Where the decision is not revised in the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and in addition, an Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of an appeal.
I trust this clarifies the matter for the Deputy.
Outcome of Domiciliary Care Allowance Appeals 2015, 2016 and 2017 (to 31/10/2017)
|
Year |
Total Appeal Receipts |
Total Appeals Determined |
Revised Deciding Officers Decisions |
Appeals Allowed by AOs |
Appeals Partly Allowed by AOs |
Appeals Disallowed by AOs |
Withdrawn |
|
2015 |
1,258 |
1,158 |
313 |
571 |
40 |
226 |
8 |
|
2016 |
1,198 |
1,344 |
469 |
596 |
18 |
250 |
11 |
|
2017 |
865 |
651 |
256 |
264 |
9 |
113 |
9 |
