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Tuesday, 5 Dec 2017

Written Answers Nos. 498-511

Community Employment Schemes Operation

Questions (498)

Michael Moynihan

Question:

498. Deputy Michael Moynihan asked the Minister for Employment Affairs and Social Protection the position regarding the provision of a pension scheme for community employment scheme supervisors following last week's meeting of the forum dealing with this matter; when she expects this issue to be resolved; and if she will make a statement on the matter. [51758/17]

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Written answers

Community Employment (CE) scheme supervisors are employees of private companies in the community and voluntary sector. The State is not responsible for funding pension arrangements for such employees even where the companies in question are reliant on State funding. It is open to individuals to make provision for a pension by way of PRSA which all employers are obliged to facilitate.

Nevertheless, it should be noted that the issue of CE supervisors’ pension provision is currently being examined by a Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform. My Department is represented on this group, as are IMPACT, SIPTU, Pobal and other relevant Government Departments.

As the Deputy is aware, the Forum last met on 23 November 2017 and I understand that a paper outlining the costs involved was presented. The unions have agreed to review and revert as soon as possible. Following on from this, a meeting is to be arranged between the trade unions and my colleague, Paschal Donohoe, Minister for Public Expenditure and Reform.

I trust this clarifies the matter for the Deputy.

Disability Allowance Appeals

Questions (499)

Pat Breen

Question:

499. Deputy Pat Breen asked the Minister for Employment Affairs and Social Protection when an application will be processed for a person (details supplied); and if she will make a statement on the matter. [51782/17]

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Written answers

A means review was carried out on this gentleman’s Disability Allowance (DA). It was found that his means based on his spouse’s earnings had increased. This gentleman was notified of a reduction in his weekly rate of DA on 28 June 2017. The person in question has lodged an appeal with the independent Social Welfare Appeals Office (SWAO). All the relevant papers requested by that Office are currently being prepared by my department and will be submitted shortly. The SWAO will be in touch with the person in due course in relation to the progress of the appeal.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Eligibility

Questions (500)

Róisín Shortall

Question:

500. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection if consideration will be given to allowing those providing care to a disabled person the right to sign on for credits in circumstances in which a carer's allowance is not paid but it is not possible for a person to access employment due to caring responsibilities; and if she will make a statement on the matter. [51831/17]

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Written answers

The purpose of credited contributions or “credits” is to protect social insurance entitlements by bridging gaps in an employee’s social insurance record, where they are not in a position to pay PRSI, such as for period of unemployment or illness. Therefore in general credits can only be awarded where an individual has had a recent attachment to the workforce i.e. within the last 2 years. In combination with paid PRSI contributions, credits can assist employees in qualifying for short-term schemes such as jobseeker’s benefit and enhance the level of benefit for long-term schemes such as the level of payment of State pension contributory (SPC). Credits do not however, in isolation, entitle individuals to qualify for social insurance benefits.

Individuals who are caring and who do not qualify for carer’s allowance may qualify for the homemaker’s scheme. The homemaker’s scheme is designed to help homemakers and carers qualify for the SPC, and applies to homemaking periods since 6 April 1994. It equally applies to both men and women.

The scheme provides that years spent working in the home while caring on a full-time basis for a child up to 12 years of age or an incapacitated person age 12 or over will be disregarded in calculating a person's yearly average number of contributions for the purposes of determining the rate of their entitlement to SPC. In this way the homemaker’s scheme ensures that an individual’s entitlement to SPC is protected during periods spent caring.

Public Services Card Provision

Questions (501)

Willie O'Dea

Question:

501. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the services that require a public services card; if a public services card is required to open a post office account; and if she will make a statement on the matter. [51840/17]

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Written answers

A Public Services Card is a physical token that may be issued to a person once they successfully complete a SAFE 2 identity verification process.

SAFE 2 identity verification is currently required for:

- Access to Social Welfare Services (including Child Benefit and Treatment Benefits)

- 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. my Department’s MyWelfare and Revenue’s MyAccount services via MyGovID, the identity authentication mechanism for accessing public services online.

The Department of Public Expenditure and Reform recently published the eGovernment Strategy 2017–2020. It lists a number of public services for which SAFE 2 identity verification will be required in the near future at http://egovstrategy.gov.ie/annex-b/.

Others are likely to be listed in the future.

Full details on SAFE 2, the Public Services Card and the services for which they will be required are set out in my Department’s “Comprehensive Guide to SAFE Registration and the Public Services Card” which is published on its website at:

http://www.welfare.ie/en/downloads/DEASP_Comprehensive_Guide_to_SAFE_Registration_and_the_PSC.pdf

While issues relating to the Post Office are a matter for my colleague the Minister for Communications, Climate Action and the Environment, I am unaware of a requirement to use a PSC when opening a post office account.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Appeals

Questions (502)

Charlie McConalogue

Question:

502. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when a decision on a invalidity pension review for a person (details supplied) in County Donegal will issue; and if she will make a statement on the matter. [51841/17]

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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 department received a claim for IP for the lady concerned on the 22 June 2017. She was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on the 31 October 2017 of this decision, the reasons for it and of her right of review and appeal. The lady concerned requested a review of this decision and submitted further medical evidence in support of her request. Following a review of all the information available the DO is now satisfied that the medical conditions for the scheme are satisfied.

The lady concerned has been awarded invalidity pension with effect from the 22 June 2017.

Payment will issue to her nominated bank account on the 14 December 2017. Any arrears due from 22 June 2017 to 13 December 2017 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. She was notified of this decision on the 01 December 2017.

I hope this clarifies the matter for the Deputy.

State Pensions

Questions (503)

Seán Crowe

Question:

503. Deputy Seán Crowe asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that persons born in or before January 1955 will qualify for a State pension at 66 years of age, whereas those born after January 1955 will receive it at 67 years of age (details supplied); her plans to amend the legislation to stop such discrimination; and if she will make a statement on the matter. [51884/17]

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Written answers

The State pension (transition) SPT was introduced in 1970 when it was known as the retirement pension and was designed to bridge the gap between the standard social welfare pension age, which at that time was 70 years of age, and retirement age. Over time, the age for State pension (contributory) was reduced to 66 years. However, evidence shows that a significant number of people coming on to SPT in 2012 did not come from work as many were already on other social welfare schemes. The Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the SPT available from 65 for those who satisfied the qualifying conditions, thereby standardising State pension age for all at 66 years, which is the current State pension age. This will increase to 67 in 2021 and to 68 in 2028.

We are all aware that people are living for much longer. Life expectancy at birth has increased significantly over the years – and is now at 78.4 years for men and 82.8 years for women. This is very positive. As a result of this demographic change, the number of State pension recipients is increasing year on year. This has significant implications for the future costs of State pension provision which are currently increasing by approx. €1 billion every 5 years. The purpose of changes to the State pension age is to make the pension system more sustainable in the context of increasing life expectancy. This sustainability is vital, if the current workers, who fund State pension payments through their PRSI, are to receive a pension themselves when they reach retirement age.

In 2013, the cost of the State pension (transition) was €137 million. Its abolition was not expected to save that amount of expenditure in full, as some people who were affected would alternatively claim working age payments such as Jobseeker's Benefit (although at a lower rate than the rate of the State pension), or claim an Increase for a Qualified Adult in respect of their spouse’s pension. However, it is anticipated that well over half of that cost has been saved each year as a result of this measure, and this would be expected to increase as (a) the number of 65 year olds increases, (b) the change results in a higher percentage of people working while aged 65, and (c) there have been a number of Budget increases in the rate of the State pension since then. It is estimated that the net saving in 2017 is likely to be in the region of over €80 million, and this is expected to increase over time.

The Deputy should note that there is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. While such a contract may have been entered into with a retirement date of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so.

Where this is not possible, there are specific measures which apply to someone claiming Jobseeker’s Benefit from a date after their 65th birthday. Where qualified, these recipients may continue to be eligible for that payment until reaching pension age.

I note the Deputy’s suggestion that differing State pension ages at different times amounts to discrimination. However, pension systems evolve over time, and people retiring now receive significantly more generous pensions (in real terms) for longer durations than most of the pensions that they financed as workers when paying PRSI and tax.

I hope this clarifies the matter for the Deputy.

Maternity Benefit Administration

Questions (504)

Anne Rabbitte

Question:

504. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the first and full-year cost of increasing maternity benefit by one to seven weeks, respectively. [51889/17]

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Written answers

Maternity Benefit is paid by my Department and is based on payment of PRSI contributions while working. The current entitlement to paid maternity leave is 26 weeks. The table below estimates the cost of increasing the duration for which maternity benefit is paid by one to seven weeks. These estimates are based on the cost for a full year and assume that any increase in duration is implemented from the beginning of the year. The estimated additional cost of extending the duration of maternity benefit is approximately €10.3 million for each extra week, at the current rate of €235 per week. It should be noted that Budget 2018 provides for the rate of maternity benefit to be increased by €5 per week from 26 March 2018.

Estimated annual cost of increasing the duration of maternity benefit based on current rate of €235 (2017 rates)

No. of additional weeks

Estimated cost (€m)

1

10.3

2

20.6

3

30.9

4

41.2

5

50.5

6

60.8

7

71.1

It should be noted that this costing is subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2017. It should also be noted that there are additional costs to the Exchequer as these estimates do not include the costs of salary top-ups for public/civil servants.

Illness Benefit Payments

Questions (505)

Mick Barry

Question:

505. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection the reason persons in receipt of illness benefit do not receive a Christmas bonus; and if she will make a statement on the matter. [51913/17]

View answer

Written answers

The Christmas bonus is payable to persons who are in receipt of long term social welfare payments. Illness Benefit is primarily a short term scheme and, as such, is not a qualifying payment for the purpose of the Christmas bonus.

A person who finds that their means are insufficient to meet their needs may be eligible for assistance under the Supplementary Welfare Allowance scheme. Application may be made to the Community Welfare Services at the local Intreo Centre.

Invalidity Pension Eligibility

Questions (506)

Thomas Byrne

Question:

506. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection her plans to deal with self-employed persons who have become ill before 2016 who are still ill and would otherwise qualify for invalidity pension; and if they can apply for invalidity pension. [51924/17]

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Written answers

Self-employed workers are eligible to apply for invalidity pension from 1st December 2017.

This is a major reform of the social insurance system as self-employed people could have access to income support if they become permanently incapable of work as a result of an illness or disability without having to go through a means test.

To qualify, a person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months, or be permanently incapable of work (such as in certain cases of very serious illness or disability) and meet the relevant social insurance conditions. Employed and self-employed people are subject to a similar set of qualifying criteria in that they must have the appropriate number of social insurance contributions in the relevant tax year (which in turn depends on when the application is made).

I am assuming that the Deputy is referring to the social insurance contribution conditions and the effect that this might have on entitlement. For all claims received on or after 1st December 2017, the claimant must have 260 paid PRSI contributions (Class A, E, H or S) since entering social insurance and 48 contributions paid or credited (Class A, E, H or S) in the last or second last complete tax/contribution year before the date of claim. The last complete contribution year is the last complete tax year before the date of the claim.

For example, if a claim is made for Invalidity Pension in December 2017, the last complete tax/contribution year is 2016 and the second last complete tax/contribution year is 2015.

In introducing this important measure, it was intended that it would be done on a similar basis for self-employed as for employees. Therefore, there will be self-employed people who meet the incapacity criteria for invalidity pension, but who do not satisfy the social insurance contribution conditionality for the scheme. This may also be the case for some employees. There are no plans to change the social insurance contribution conditions for Invalidity Pension for employees and self-employed. Such a measure would have financial implications and have to be considered in a budgetary context.

Where a person does not qualify for Invalidity Pension they may apply, as before, for the means tested disability allowance scheme or if there is an immediate need, for the means tested supplementary welfare allowance scheme.

I hope that this clarifies matters for the Deputy.

Invalidity Pension Appeals

Questions (507)

Pat Breen

Question:

507. Deputy Pat Breen asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [51931/17]

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 department received a claim for invalidity pension (IP) from the lady concerned on the 05 July 2017. She was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on the 25 August 2017 of this decision, the reasons for it and of her rights of review and appeal.

She requested a review of this decision and submitted further medical evidence in support of her request. Following a review of all the information available it has been decided that there is no change to the original decision. She was notified on 28 November 2017 of the outcome of the review and of her right to appeal the decision to the independent Social Welfare Appeals Office within 21 days.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Status

Questions (508)

Pat Breen

Question:

508. Deputy Pat Breen asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [51932/17]

View answer

Written answers

I 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.

Back to Education Allowance Appeals

Questions (509)

Fiona O'Loughlin

Question:

509. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the appeals process in place for a person who wishes to appeal a back-to-education allowance decision; and if she will make a statement on the matter. [51940/17]

View answer

Written answers

The Back to Education Allowance is one of a number of non-statutory schemes operated by my Department. Decisions made by officers of the Department are based on published guidelines (available on the Department's website www.welfare.ie) setting out the conditions of entitlement.

Decisions that are made on non-statutory schemes cannot be appealed to the Social Welfare Appeals Office. However, if a person is dissatisfied with a decision and the basis for it, a review of the decision may be sought. During a review, the application is re-examined by a more senior officer not involved in the original decision, including any new information or evidence provided by the applicant in support of the review.

I hope this clarifies the matter for the Deputy.

Fuel Allowance Eligibility

Questions (510)

Tom Neville

Question:

510. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the reason fuel allowance is not available to a person whose partner is in receipt of a supported employment scheme payment, such as community employment or Tús; if this anomaly will be reviewed; and if she will make a statement on the matter. [51941/17]

View answer

Written answers

The fuel allowance is a payment of €22.50 per week from October to April to 376,000 low income households to assist them with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.

Participants on Employment Support Schemes (ESS), can be paid fuel allowance where they had applied for or were awarded fuel allowance prior to commencing the scheme and where they satisfy or continue to satisfy the conditions.

If fuel allowance is being paid to another member of the household then fuel can remain in payment if the person moving to the ESS had an entitlement to fuel allowance in their own right.

Fuel is not payable where a person is living with someone in receipt of a DEASP employment support scheme payment who does not a have entitlement to fuel allowance in their own right.

Claimants moving to an ESS cannot accrue entitlement to fuel allowance while on the scheme, e.g., a person moving from jobseeker’s allowance with less than 391 days.

The Guidelines for the fuel allowance scheme are kept under review. However, any decision to allow people whose entitlement to fuel had not been established prior to participating on an employment support scheme to subsequently qualify for the fuel allowance would have to be considered in the context of overall budgetary negotiations.

Under the supplementary welfare allowance scheme, a special heating supplement may be paid to assist people in certain circumstances who have special heating needs due to ill health or infirmity. Exceptional needs payments may also be made to help meet an essential, once-off cost which a person is unable to meet from his/her own resources.

I hope this clarifies the matter for the Deputy.

Fuel Allowance Appeals

Questions (511)

Stephen Donnelly

Question:

511. Deputy Stephen S. Donnelly asked the Minister for Employment Affairs and Social Protection if she will review an application by a person (details supplied) with a view to granting this application. [51959/17]

View answer

Written answers

Fuel allowance is a means-tested payment to assist householders on long-term social welfare payments towards the cost of their heating needs. It is not intended to meet those costs in full. Only one allowance is paid per household.

Eligibility for fuel allowance is subject to a household means test and other qualifying conditions, such as household composition. With regard to means, a person may have a combined household income of up to €100.00 per week over and above the maximum rate of state pension (contributory).

For every means limit set, there will be applicants who exceed the permissible income limit, marginally or otherwise, and fail to qualify. In addition to their state pension (contributory), the person concerned is in receipt of a private pension which brings them over the permissible weekly income limit. On that basis, their application for fuel allowance was disallowed. There is no scope for discretion to be applied where a claimant does not satisfy the conditions for the payment.

I hope this clarifies the matter for the Deputy.

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