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Tuesday, 23 Jan 2018

Written Answers Nos. 570-589

Charities Regulation

Questions (570)

Mick Wallace

Question:

570. Deputy Mick Wallace asked the Minister for Rural and Community Development the reason Pobal is categorised as not-for-profit and having a charitable status; if discussions have taken place regarding the categorisation of Pobal as a charity between his Department and other Departments; his views on whether Pobal's status as a charity may be in breach of the Charities Act 2009; and if he will make a statement on the matter. [3303/18]

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Written answers

Pobal was established by the Irish Government in 1992 as Area Development Management Ltd. (ADM) with the agreement of and as a requirement of the European Commission to manage a Global Grant.  In its initial form it was an intermediary company working on behalf of Government to support social and economic development within Ireland.  Between 1992 and 2005, the company expanded its service provision to Government Departments and took on the management and administration of a number of programmes. In 2005, ADM was re-named Pobal.

Pobal is a not for profit company limited by guarantee. Charitable status was granted to the company by the Revenue Commissioners on the 20th November 1996. In accordance with Section 40 of the Charities Act, 2009, Pobal was entered onto the Register of Charitable Organisations automatically on 16 October 2014.  

A charitable organisation must meet three requirements if they are to be considered to be a charity: it must operate in the Republic of Ireland; it must have a charitable purpose only; and it  must exist to benefit the public or a section of the public in Ireland, or elsewhere, through its charitable purpose(s). Under the Charities Act, there are four categories of charitable purpose - the prevention or relief of poverty or economic hardship; the advancement of education; the advancement of religion; and any other purpose that is of benefit to the community.

The basis for Pobal having charitable status is tied to the objects for which the company was founded which are specified in its Memorandum and Articles of Association. Pobal’s primary objectives are:

a) the delivery and management of programmes which promote social inclusion, reconciliation and equality through integrated social and economic development within communities,

b) the delivery and management of local, community and other development programmes,

c) the provision of technical assistance, support and advice to the groups and beneficiaries of the programmes, which are delivered/managed,

d) the provision of assistance and support in the analysis and exchange of experience, leading to the communication of information and the identification and dissemination of good practice within the programmes which are delivered/managed,

e) aiding, through the lessons learnt from these programmes, in the formation of Government and other policy development at local, regional and national levels, and

f) the provision of technical assistance, support and advice to other bodies with the approval of the Minister for Rural and Community Development.

No discussions have taken place between this Department and other Departments in regard to Pobal’s charitable status.

I am satisfied that Pobal is fully compliant with the relevant legislative requirements including those of the Charities Act, 2009.

Community Banking

Questions (571)

Róisín Shortall

Question:

571. Deputy Róisín Shortall asked the Minister for Rural and Community Development the status of the public banking investigation; and if he will make a statement on the matter. [3340/18]

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Written answers

The Programme for a Partnership Government envisaged that An Post, the Irish League of Credit Unions and other interested stakeholders would be asked to investigate and propose a new model of community banking, such as the Kiwibank model in New Zealand. The Programme for Government also includes a commitment to investigate the German Sparkassen model for the development of local public banks.

A project team comprising officials from my Department and the Department of Finance was established last year to progress this commitment.  The project team carried out detailed research into the concept of a public banking model, with a particular focus on the Sparkassen model. In addition, a public consultation process, seeking views on the concept of a community banking model, ran for four weeks. A total of 16 replies from a range of stakeholders were received.

The Departmental officials have now finalised their report and have submitted their findings to the Minister for Finance and myself. The report will be brought to Government shortly for consideration.

Departmental Bodies Data

Questions (572)

Éamon Ó Cuív

Question:

572. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the number of bodies under the remit of his Department that have not yet published audited accounts and their annual report for 2016; the names of these bodies; and if he will make a statement on the matter. [3388/18]

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Written answers

Four state bodies fall under the remit of my Department, Pobal, Irish Water Safety, the Western Development Commission and the Charities Regulatory Authority.

The audited accounts and annual report in respect of 2016, for the Western Development Commission (WDC), have not yet been published.  The WDC 2016 accounts have been submitted to the Office of the Comptroller and Auditor General and are currently awaiting finalisation.

Western Development Commission Funding

Questions (573)

Éamon Ó Cuív

Question:

573. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the amount of moneys held by the Western Development Commission in the western investment fund or another fund it has for the development of businesses in its region; the amount of this committed to date for the development of businesses; and if he will make a statement on the matter. [3390/18]

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Written answers

The Western Development Commission was established in 1999 to promote, foster and encourage economic and social development in the Western Region, defined as the counties of Donegal, Leitrim, Sligo, Mayo, Roscommon, Galway and Clare.

The Western Development Commission operates the Western Investment Fund (WIF) which contributes to the development of the region by investing through equity or loans in business start-up, growth-oriented small and medium enterprises (SMEs) and in community-based measures to encourage enterprise development.

The WIF was established as an Evergreen Fund on a revolving basis so all investments are repayable and all receipts are reinvested back into Western Enterprises. 

To the end of 2017, the WIF had invested €48.5 million in 135 enterprises in the region and currently has €21.4 million available for reinvestment in SMEs, micro-enterprises and Community and Social Enterprises in the region.  I understand that €4.1 million of this sum has been approved and is awaiting disbursal.

Departmental Bodies Data

Questions (574)

Éamon Ó Cuív

Question:

574. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the number of agencies, boards or other bodies under the aegis of his Department that have been disbanded or amalgamated or whose functions were subsumed back into his Department since 2011; the number of such bodies set up by his Department since that date; the names of the bodies in each case; and if he will make a statement on the matter. [3410/18]

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Written answers

Responsibility for four state bodies was transferred to my Department when it was established on 19th July 2017, under the Statutory Instruments listed below.  No agency, board or body has been disbanded or been amalgamated, or its functions subsumed back into this department since that date.

S.I. No. 348 of 2017 - Charities (Transfer of Departmental Administration And Ministerial Functions) Order 2017

- Charities Regulatory Authority

S.I. No. 354 of 2017 - Rural Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2017

- Western Development Commission

S.I. No. 357 of 2017 - Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017

- Pobal

- Irish Water Safety

Personal Injury Claims

Questions (575)

Michael McGrath

Question:

575. Deputy Michael McGrath asked the Minister for Rural and Community Development the amount paid out and the number of claims the payouts related to by each agency under the aegis of his Department in respect of personal injury claims in each of the years 2010 to 2017; the number of claims that were settled outside of court in each of these years; the number of payments that were as a result of a court judgment in each of these years; the nature of the claims; and if he will make a statement on the matter. [3427/18]

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Written answers

The information sought by the Deputy is not available within the timeframe to respond to this question.   However I have asked my officials, and the organisations under the aegis of my Department, to provide me with the information requested and I will forward it to the Deputy as soon as it becomes available

Local Authority Expenditure

Questions (576)

Willie Penrose

Question:

576. Deputy Willie Penrose asked the Minister for Rural and Community Development the amount each local authority has returned to his Department in January 2018 as a result of allocations made in 2017 for various schemes being unspent during the year of allocation; if the unspent sums are retained within his Department for redistribution in 2018; and if he will make a statement on the matter. [3485/18]

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Written answers

My Department has not to date received any funding back from Local Authorities as a result of allocations made in 2017.  My Department will revert to the Deputy if any returns are made by the month end.

It is important to note that apart from the Local Improvement Scheme , the 2017 rural development schemes are expected to operate over a 12-15 month period.  Therefore, it was always anticipated that a portion of the funds allocated would be drawn-down in 2018, but only when the draw-down conditions are met, including the full completion of works which is required for final payments to be issued.

In addition the Deputy should be aware that I have secured a carryover of €7.7 million of 2017 capital funding for allocation in 2018.

Disability Allowance Applications

Questions (577)

James Lawless

Question:

577. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the status of an application for disability allowance by a person (details supplied). [2788/18]

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Written answers

Based on the evidence supplied in support of this person’s application, their application for disability allowance (DA) was disallowed on the grounds that the medical qualifying condition was not satisfied. The person in question was notified in writing of this decision on 13 October 2017.

They requested a review of the decision by a deciding officer (DO) and submitted additional medical evidence for consideration on 25 October 2017 and on 22 November 2017.

On 20 January 2018 they were asked to supply further documentation which is required by the deciding officer in order to make a decision on their eligibility. On receipt of this information a decision will be made and they will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

State Pension (Non-Contributory) Applications

Questions (578)

Michael Healy-Rae

Question:

578. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a State pension (non-contributory) by a person (details supplied). [2813/18]

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Written answers

The person concerned applied for State pension non-contributory on 13 November 2017. This is a means tested pension.

An inspector of the Department interviewed the person concerned on 19 December 2017 and requested further documentation in connection with their application. As soon as this is to hand a decision on entitlement will be made and the applicant will be notified of the outcome without delay.

I hope this clarifies the matter for the Deputy.

Pension Provisions

Questions (579)

Maurice Quinlivan

Question:

579. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the way in which Limerick city and county council exclude part of contributions when calculating pension payments in circumstances in which superannuation contributions have been deducted for a person (details supplied). [2825/18]

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Written answers

It is unclear from the question whether the issue relates to the calculation of the occupational pension of the individual in question or to the deduction of superannuation contributions towards the occupational pension.

I can confirm that, for PRSI purposes, there is no relief from PRSI on superannuation contributions made by the employee to their occupational pension. Where an employer makes superannuation contributions, PRSI is not charged on the income.

If the issue relates to the calculation or level of entitlement of the individual’s occupational pension, this is, in the first instance a matter for the employer. In the case of public sector employers, such as city and county councils, my colleague, the Minister for Public Expenditure and Reform may be in a position to advise.

Illness Benefit Eligibility

Questions (580)

Paul Kehoe

Question:

580. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection if a person (details supplied) who has applied for illness benefit and is one contribution short will qualify; and if she will make a statement on the matter. [2852/18]

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Written answers

Illness Benefit is a payment for persons who cannot work due to illness and who satisfy the pay-related social insurance (PRSI) conditions. For Illness Benefit claims made in 2017 the governing contribution year is 2015.

The person concerned made a claim for Illness Benefit from 11 November 2017. Unfortunately there were insufficient PRSI contributions paid in 2015 to qualify for payment. For claims made in 2018 the governing contribution year is 2016. A minimum of 39 paid or credited contributions are required in order to qualify for payment. The person concerned has 38 paid contributions in 2016 and will therefore not qualify for payment in 2018.

Should there be any additional PRSI contributions due for the person concerned in the 2016 year, they should be brought to the attention of my Department and the position can be reviewed.

Disability Allowance Applications

Questions (581)

Michael Healy-Rae

Question:

581. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [2897/18]

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Written answers

I confirm that an application from this gentleman for disability allowance (DA) was received by the department on 21 August 2017. The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances.

Once the SWI has submitted his/her report to DA section, a decision will be made on the application and this gentleman will be notified directly of the outcome. It is expected this report will be submitted in the coming days and a decision will be made as soon as possible on this case.

I trust this clarifies the matter for the Deputy.

Disability Allowance Appeals

Questions (582)

Michael Healy-Rae

Question:

582. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [2901/18]

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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 disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I hope this clarifies the matter for the Deputy.

Working Family Payment Eligibility

Questions (583)

Éamon Ó Cuív

Question:

583. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) is being refused family income supplement when their employer has provided numerous confirmation letters that they work the required monthly hours to qualify for family income supplement; and if she will make a statement on the matter. [2944/18]

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Written answers

An application for Working Family Payment (formerly known as Family Income Supplement) was received from the person concerned on 16th November 2017.To qualify for Working Family Payment (WFP), a person must be engaged in full time remunerative employment as an employee for a minimum of 38 hours per fortnight (or 19 hours per week). It is also possible to combine hours worked with a spouse, civil partner or cohabitant to meet this condition. If an applicant is paid on a 4 weekly basis, the required hours for WFP is 76 hours every 4 weeks and if paid on a monthly basis, this amounts to 82.33 hours per month. This condition must be satisfied on an ongoing basis.

The person concerned is paid on a monthly basis. According to the monthly payslips submitted, the hours of employment amounted to less than 82.33 per month. This is less than 38 hours per fortnight.

As the person concerned does not satisfy the above condition, the application for WFP was refused.

The person concerned provided new payslips and the application was reviewed by a Deciding Officer (DO). The DO also considered documentation provided by the customer’s employer. However, based on all of the payslips and supporting documentation provided it would appear the applicant does not satisfy the required hours in order to qualify for WFP.

If the person concerned is not satisfied with this decision, a letter of appeal should be sent to the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2 stating clearly the grounds of their appeal.

Furthermore, if the applicant satisfies the qualifying conditions at a later stage, a new application may be submitted for assessment.

I trust this clarifies the matter for the Deputy.

Tús Programme

Questions (584)

James Browne

Question:

584. Deputy James Browne asked the Minister for Employment Affairs and Social Protection her plans for Tús and community employment schemes in view of the fact that many community groups are finding it difficult to recruit employees; and if she will make a statement on the matter. [2948/18]

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Written answers

My Department provides a range of activation supports and programmes catering for long-term unemployed jobseekers and those most distant from the labour market. These supports include work programmes such as Community Employment (CE) and Tús.

Schemes such as CE and Tús provide part-time temporary work in local communities, as a stepping-stone back to employment. However, it is important to note that these placements are not full-time sustainable jobs. Instead, they are designed to break the cycle of unemployment and maintain work readiness, thereby improving a person’s opportunities of returning to the labour market or getting a job for the first time.

The Deputy will appreciate that the welcome reduction in the unemployment rate is a factor in recruitment to all programmes. Long-term unemployment is expected to fall further this year in line with the continuing forecasted fall in overall unemployment.

In the context of the economic recovery, my Department undertook a review of the work programmes in 2016. While the primary focus was on CE, the review also looked at other employment programmes such as Tús.

Arising from the review, the Government agreed to implement changes to the qualifying conditions for CE in order to broaden access to a wider range of people. These new rules were implemented from July 2017. As part of the changes introduced, the qualifying age was reduced to 21 years. In addition while, in general, all placements will now be for one year only, if a CE participant is undertaking training to achieve a major award, their time can be extended by up to 2 years to allow them to complete the training which will enhance their overall employment prospects. This allows for 3 years continuous participation on CE. Those over 55 years of age can also remain on CE for three years. In addition, the reference year for CE participation was moved from 2000 to 2007 which ensures that more people can re-qualify for the programme. Overall, these changes improve the way that CE operates and should allow access to more people who are long-term unemployed.

Currently, participants can remain on Tús for one year and I have no plans to change this. However, changes will be implemented in the coming weeks to the selection criteria for Tús which should broaden the numbers available for this scheme. This includes an increase in the percentage of assisted referrals from 20% to 30%, as well as permitting someone who has had a break of up to 30 days on the Live Register in the past 12 months to be considered eligible for Tús selection.

I will continue to keep this whole area under review so that these schemes provide real and valuable support to both individuals and communities. The Government is very mindful of the large number of work programme places involved in service delivery and other valuable services around the country. In this regard, if any scheme is experiencing particular recruitment difficulties, they should contact their local Intreo Centre for assistance.

I hope this clarifies the matter for the Deputy.

Public Services Card

Questions (585, 586)

Bríd Smith

Question:

585. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the date on which the public services card was first introduced. [2954/18]

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Bríd Smith

Question:

586. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the date on which the SAFE 2 process was introduced; and when the first procedures under SAFE 2 took place. [2955/18]

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Written answers

I propose to take Questions Nos. 585 and 586 together.

The acronym SAFE stands for ‘Standard Authentication Framework Environment’. It is a standards-based framework for establishing and verifying an individual’s identity for the purposes of accessing public services.

This SAFE standard has four levels –

SAFE 0 = No assurance of identity

SAFE 1 = Balance of probabilities

SAFE 2 = Substantial assurance

SAFE 3 = Beyond reasonable doubt

The Department of Employment Affairs and Social Protection is implementing SAFE 2 registration on a phased basis with its customers and customers of other public services that require identity verification to a substantial level of assurance.

SAFE Level 2 (SAFE2) registration, used by the Department of Employment Affairs and Social Protection, allows a person to verify their identity once not just for access to services provided by the Department but also for an increasing number of public services provided by other State agencies – for example the Passport office. As more public service providers move to using SAFE2, people who are already registered to SAFE2 will not need to repeatedly register their identity information when accessing public services.

Once a person is registered to SAFE2 they may be issued with a Public Services Card (PSC). This is essentially a physical token that proves a person has been SAFE2 registered.

The SAFE project commenced as a result of a Government decision of 29 June 2004 (S290/05/25/0025).

The first Public Services Card was issued following the first SAFE registration on the 26th of October 2011. SAFE registration and associated PSC issuance has been rolled out to the public on a phased basis since that date. To date, in excess of 3 million PSCs have issued.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Waiting Times

Questions (587)

Pat Breen

Question:

587. 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. [2977/18]

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 4 January 2018, 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 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.

Disability Allowance Applications Waiting Times

Questions (588)

Joan Burton

Question:

588. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the reason for the delay in awarding a disability allowance to a person (details supplied). [2991/18]

View answer

Written answers

I confirm that my department received an application for disability allowance (DA) from this gentleman on 1 December 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 DA 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.

State Pension (Contributory) Applications

Questions (589)

Joan Burton

Question:

589. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the reason for the delay in awarding a State pension to a person (details supplied). [2992/18]

View answer

Written answers

The person concerned has modified insurance contributions from previous public service employment. Information regarding the person’s pre-1979 contribution record was initially requested from their employer on 24 October 2017 and again on 20 December 2017. A further request for this contribution history has issued on 19 January 2018.

Pending receipt of complete information on their contribution history, the person has been provisionally awarded a reduced rate of state pension (contributory) from their 66th birthday based on a yearly average of 34 contributions from 1967 to end-December 2016. As is the normal policy in such cases where employment details are awaited from their employer, the person’s date of entry has been taken in the interim as the date of their 16th birthday in 1967.

The applicant was notified of this decision in writing on 5 January 2018 and due arrears of pension were issued.

When the information is received from the person’s previous employer, the person’s social insurance record will be updated. Their pension entitlement will be re-assessed and they will be notified of the outcome without delay.

I hope this clarifies the matter for the Deputy.

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