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Social Welfare Code

Dáil Éireann Debate, Tuesday - 16 January 2018

Tuesday, 16 January 2018

Questions (1651)

Michael Healy-Rae

Question:

1651. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection her plans to examine a scheme (details supplied); and if she will make a statement on the matter. [1479/18]

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Written answers

There is an increasing awareness and evidence of abuse of the elderly and research has shown that one of the areas of significant abuse can be financial abuse. I believe, however, that the majority of persons acting as agents collecting social welfare payments for customers unable to do so themselves, do so out of a genuine caring disposition and act in good faith.

The existing legislative provisions in the Social Welfare Consolidation Act, 2005 empower the Minister to make regulations to appoint a person to act on behalf of a recipient or beneficiary of social welfare payments in circumstances where the recipient/beneficiary is certified by a registered medical practitioner to be a person who is, or is likely soon to become, unable for the time being to manage his or her own financial affairs.

There is a legal obligation on those already acting as agent, for the purposes of collecting a customer’s pension, to advise the Department if the circumstances of that customer change including if the customer no longer has the capacity to deal with their own financial affairs.

My Department has established a working group to examine and make recommendations on the adequacy of the current procedures and processes for:

- appointing agents for social welfare payments;

- reviewing existing agent arrangements;

- dealing with specific complaints regarding named agents when they arise (with the involvement of relevant external agencies as necessary); and

- continuing to raise the awareness of staff on safeguarding and protection of vulnerable adults, with a particular emphasis on financial abuse.

The group is also assessing the implications for its agent arrangements in the context of the Assisted Decision-Making (Capacity) Act 2015 when it is commenced and the codes of practice being developed by the National Disability Authority under the Act, and will make recommendations for any changes necessary in order for the Department to comply with that legislation.

I would ask the Deputy if he has specific concerns regarding individual customers to bring those matters directly to the attention of the relevant scheme area of my Department and this will be investigated without delay.

I hope this clarifies the matter for the Deputy.

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