Tuesday, 20 Feb 2018

Written Answers Nos. 573-590

Exceptional Needs Payments

Questions (573, 576)

Bernard Durkan

Question:

573. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if provision will be made for emergency payments in cases of extreme hardship by way of exceptional needs payment or otherwise; and if she will make a statement on the matter. [8809/18]

Bernard Durkan

Question:

576. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of applications for exceptional needs payment pending or refused in 2017; and if she will make a statement on the matter. [8812/18]

Written answers

Minister for Employment Affairs and Social Protection

I propose to take Questions Nos. 573 and 576 together.

Under the supplementary welfare allowance (SWA) scheme, my Department may make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. The Department may make an urgent needs payment (UNP) to a person who may not normally qualify for SWA but who has an urgent need which they cannot meet from their own resources or an alternative is not available at that time. The Government has provided over €36.4 million for ENPs and UNPs in 2018.

The ENP scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

The legislation does not confer a statutory right or entitlement to ENPs. The guidelines issued to staff administering the ENP scheme assist them in the decision making process. The principal consideration in making a payment under the ENP scheme is to address a particular once-off and exceptional need. The guidelines do not affect the discretion available to officers in issuing an ENP to assist an individual or household in any particular hardship situation which may arise, so that the payments target those most in need of assistance.

Statistics are maintained relating to payments under the ENP and UNP schemes, however they are not maintained on the number of applications or the outcome of those applications. There were over 103,000 ENPs and UNPs issued under the scheme in 2017.

If the Deputy has concerns in respect of a particular case he should bring it to the attention of the Department.

I trust this clarifies the matter for the Deputy.

Pensions Data

Questions (574, 575)

Bernard Durkan

Question:

574. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of applications for old age (contributory) pension on appeal; and if she will make a statement on the matter. [8810/18]

Bernard Durkan

Question:

575. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of applications for old age (non-contributory) pension on appeal; and if she will make a statement on the matter. [8811/18]

Written answers

Minister for Employment Affairs and Social Protection

I propose to take Questions Nos. 574 and 575 together.

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 am advised by the Chief Appeals Officer that there were 269 state pension (contributory) and 221 state pension (non-contributory) appeals on hands at the end of January 2018.

Question No. 576 answered with Question No. 573.

Social Welfare Benefits

Questions (577)

Bernard Durkan

Question:

577. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection her plans to address issues of contributory entitlements such as illness benefit or other similar payments in which persons qualify for a payment worth approximately half of that applicable to an old age pensioner; and if she will make a statement on the matter. [8813/18]

Written answers

Minister for Employment Affairs and Social Protection

For certain social insurance schemes, namely illness benefit, jobseeker’s benefit and health and safety benefit, graduated rates apply where the average weekly earnings are less than €300 per week.

The rate of payment depends on the person’s level of earnings in the governing PRSI contribution year. For illness benefit claims made in 2018, the governing contribution year is 2016. Where the average weekly earnings are €300 or more the personal rate of payment is €193 weekly (this will increase to €198 per week, from the 26th of March 2018).

The table outlines the current graduated rates payable. These rates will all proportionately increase as a result of Budget 2018 from the last week of March 2018.

Average weekly earnings	Personal rate
Less than €150.00	€86.70
€150.00 and less than €220.00	€124.60
€220.00 and less than €300.00	€151.20
€300.00 or more	€193.00

Graduated rates were introduced in 1993 with the extension of full social insurance cover to part-time workers from April 1991. In the absence of graduated rates, a situation would exist whereby part-time workers on low incomes would have access to weekly social welfare payments in excess of their income from employment. For instance, someone earning €38 a week or more is liable for PRSI Class A contributions. Given that the maximum personal rate of these schemes is currently €193 a week, without graduated rates, the social welfare benefits available would be more than five times the level of income from employment for some people.

It should be noted that a recipient of a graduated rate of illness benefit with limited means can claim Supplementary Welfare Allowance (SWA) as a “top-up” payment if the rate of illness benefit is below the maximum rate of SWA, subject to meeting the scheme criteria. Application may be made to the Community Welfare Services at the local Intreo Centre.

If a recipient of a graduated rate of illness benefit is medically assessed as being incapable of work for the next 12 months and satisfies the PRSI contribution requirements, he or she can apply for the Invalidity Pension scheme, which has a higher rate of payment than Illness Benefit.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals Data

Questions (578)

Bernard Durkan

Question:

578. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the applications for various social welfare payments which are most commonly refused on application and referred to appeal or oral hearing; the number of cases subsequently rejected or approved on appeal; and if she will make a statement on the matter. [8814/18]

Written answers

Minister for Employment Affairs and Social Protection

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.

The tables below provide the details which have been requested by the Deputy in respect of 2016 and 2017.

The schemes with the highest number of appeals to the Social Welfare Appeals Office in 2016 and in 2017 were - disability allowance (4,912 in 2016/5,077 in 2017), carer’s allowance (3,887 in 2016/3,200 in 2017), jobseeker’s allowance - means (2,050 in 2016/1,504 in 2017), jobseeker’s allowance - payments (2,031 in 2016/1,676 in 2017), supplementary welfare allowance (1,970 in 2016/1,302 in 2017), invalidity pension (1,362 in 2016/1,381 in 2017) and domiciliary care allowance (1,198 in 2016/1,199 in 2017).

Details of appeal outcomes for the above schemes are set out in the tables below. Overall, 59.2% of the 23,220 appeals which were 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/Designated Person. 60.1% of the 18,980 appeals finalised in 2017 had a favourable outcome for the appellant.

Of the 16,990 appeals which were finalised by Appeals Officers in 2016, 6,527 (38.4%) were determined following an oral hearing. 4,251 (65.1%) of these had a favourable outcome for the appellant. Of the 13,556 appeals finalised by Appeals Officers in 2017, 5,412 (39.9%) were determined following an oral hearing. 3,444 (63.6%) of these 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 or Designated Person as was the case in some 37 per cent of favourable appeal outcomes in both 2016 and 2017. Where the decision was 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, the Appeals Officer may gain insights when they meet the appellant in person at the oral hearing which may influence the outcome of the appeal.

Decisions concerning entitlement to a social welfare payment or insurability of employment often require a high level of judgment and may involve complex legal questions. The Courts have found that decision makers are required to be free and unrestricted in discharging their functions.

Where an appellant requests an oral hearing, the request is generally granted unless the Appeals Officer is of the opinion that the appeal can be allowed on a summary basis, or where there is clearly nothing to be gained by granting an oral hearing, for example where the appeal question relates to contribution conditions or means and the underlying PRSI contribution figures or means are not disputed. Social Welfare legislation provides that an Appeals Officer may determine an appeal without an oral hearing where s/he is of the opinion that it can be determined fairly on the basis of the documentary evidence provided. In general, where there is a conflict in the documentary evidence presented, an Appeals Officer will convene an oral hearing in order to explore the evidence and seek to resolve any conflict.

I trust this clarifies the matter for the Deputy.

Appeal Receipts 2016 – 2017

	2016	2017
Adoptive Benefit	-	2
Blind Person’s Pension	13	19
Carers Allowance	3,887	3,200
Carers Benefit	95	110
Child Benefit	595	473
Disability Allowance	4,912	5,077
Illness Benefit	819	443
Death Benefit	1	-
Partial Capacity Benefit	42	38
Domiciliary Care Allowance	1,198	1,199
Deserted Wives Benefit	7	7
Deserted Wives Allowance	-	1
Farm Assist	196	130
Bereavement Grant	3	1
Family Income Supplement	510	477
Invalidity Pension	1,362	1,381
Liable Relatives	23	9
Maternity Benefit	87	84
Paternity Benefit	1	16
One Parent Family Payment	313	244
State Pension (Contributory)	366	408
State Pension (Non-Contributory)	397	370
State Pension (Transition)	2	3
Occupational Injury Benefit	56	51
Disablement Pension	298	347
Occupational Injury-Medical Care	4	2
Incapacity Supplement	9	7
Guardian's Payment (Con)	38	34
Guardian's Payment (Non-Con)	17	16
Jobseeker's Allowance (Means)	2,050	1,504
Jobseeker's Allowance	2,031	1,676
Pre-Retirement Allowance	-	2
BTW Family Dividend	52	43
Jobseeker's Transitional	43	41
Recoverable Benefits & Assistance	24	25
Jobseeker's Benefit	637	545
Treatment Benefit	5	1
Carer’s Support Grant *	164	164
Insurability of Employment	151	132
Supplementary Welfare  Allowance	1,970	1,302
Survivor's Pension (Con)	49	45
Survivor's Pension (Non-con)	26	23
Widows Parent Grant	8	6
All Appeals	22,461	19,658

* Previously called Respite Care Grant

table contd.

Outcome of Disability Allowance Appeals 2016-2017

	Appeals Finalised	Revised Deciding Officers Divisions	Appeals allowed by Appeals Officer	Appeals Partly Allowed by Appeals Officers	Appeals Disallowed by Appeals Officers	Withdrawn
2016	5,175	815	2,830	88	1,367	75
2017	4,934	563	2,975	70	1,211	115

Outcome of Carer's Allowance Appeals 2016-2017

Favourable Decisions

	Appeals Finalised	Revised Deciding Officers Decisions	Appeals Allowed by Appeals Officers	Appeals Partly Allowed By Appeals Officers	Appeals Disallowed by Appeals Officers	Withdrawn
2016	3,624	815	1,375	145	1,237	52
2017	3,416	780	1,204	161	1,199	72

Outcome of Jobseeker's Allowance (Means) Appeals 2016-2017

Favourable Decisions

	Appeals Finalised	Revised Deciding Officers Decisions	Appeals Allowed by Appeals Officers	Appeals Partly Allowed by Appeals Officers	Appeals Disallowed by Appeals Officers	Withdrawn
2016	2,159	338	287	120	1,216	198
2017	1,453	264	187	82	708	212

Outcome of Jobseeker's Allowance (Payments) Appeals 2016-2017

Favourable Decisions

	Appeals Finalised	Revised Deciding Officers Decisions	Appeals Allowed by Appeals Officers	Appeals Partly Allowed by Appeals Officers	Appeals Disallowed by Appeals Officers	Withdrawn
2016	2,033	324	525	98	945	141
2017	1,573	309	349	66	665	184

Outcome of Supplementary Welfare Allowance Appeals 2016-2017

Favourable Decisions

	Appeals Finalised	Revised Deciding Officers Decisions	Appeals Allowed by Appeals Officers	Appeals Partly Allowed by Appeals Officers	Appeals Disallowed by Appeals Officers
2016	2,032	346	532	75	923	156
2017	1,349	229	304	34	602	180

Outcome of Invalidity Pension Appeals 2016-2017

Favourable Decisions

	Appeals Finalised	Revised Deciding Officers Decisions	Appeals Allowed by Appeals Officers	Appeals Partly Allowed by Appeals Officers	Appeals Disallowed by Appeals Officers	Withdrawn
2016	1,654	642	682	10	302	18
2017	1,348	691	365	7	262	23

Outcome of Domiciliary Care Allowance Appeals 2016-2017

Favourable Decisions

	Appeals Finalised	Revised Deciding Officers Decisions	Appeals Allowed	Appeals Partly Allowed	Appeals Disallowed	Withdrawn
2016	1,344	469	596	18	250	11
2017	801	343	297	10	135	16

Number and Outcomes of Appeals determined following Oral Hearings 2016

	Allowed	Partially allowed	Disallowed	No. of Oral Hearings
Blind Person’s Pension	3	-	2	5
Carers Allowance	844	85	550	1,479
Carers Benefit	8	2	5	15
Child Benefit	23	12	34	69
Disability Allowance	1,305	51	487	1,843
Illness Benefit	82	3	68	153
Partial Capacity Benefit	5	-	5	10
Domiciliary Care Allowance	263	7	109	379
Deserted Wives Benefit	4	1	3	8
Farm Assist	23	26	29	78
Liable Relatives	-	-	1	1
Family Income Supplement	32	5	20	57
Invalidity Pension	347	4	109	460
Maternity Benefit	9	1	4	14
One Parent Family Payment	49	15	50	114
State Pension (Contributory)	16	6	32	54
State Pension (Non-Contributory)	45	20	53	118
State Pension (Transition)	1	1	1	3
Occupational Injury Benefit	9	1	6	16
Disablement Pension	101	10	63	174
Incapacity Supplement	1	1	3	5
Guardian's Payment (Con)	9	1	5	15
Guardian's Payment (Non-Con)	8	1	2	11
Jobseeker's Allowance (Means)	136	56	182	374
Jobseeker's Allowance	225	59	221	505
Jobseeker's Transitional	3	1	8	12
Recoverable Benefits & Assistance	1	-	2	3
Jobseeker's Benefit	54	14	41	109
Carer’s Support Grant *	20	2	11	33
Insurability of Employment	17	2	28	47
Supplementary Welfare  Allowance	178	25	133	336
Survivor's Pension (Con)	9	5	6	20
Survivor's Pension (Non-con)	3	1	2	6
Widows Parent Grant	-	-	1	1
All Appeals	3,833	418	2,276	6,527

* Previously called Respite Care Grant

Number and Outcome of Appeals Determined following Oral Hearings 2017

	Allowed	Partially Allowed	Disallowed	No. of Oral Hearings
Blind Person’s Pension	1	1	-	2
Carers Allowance	831	100	555	1,486
Carers Benefit	11	2	10	23
Child Benefit	35	7	30	72
Disability Allowance	1,077	35	433	1,545
Illness Benefit	78	6	81	165
Partial Capacity Benefit	5	1	5	11
Domiciliary Care Allowance	167	9	63	239
Deserted Wives Benefit	1	1	1	3
Farm Assist	17	12	26	55
Liable Relatives	-	2	2	4
Family Income Supplement	25	6	37	68
Invalidity Pension	187	4	78	269
Maternity Benefit	3	-	4	7
One Parent Family Payment	36	13	23	72
State Pension (Contributory)	14	9	45	68
State Pension (Non-Contributory)	40	23	35	98
State Pension (Transition)	-	-	1	1
Occupational Injury Benefit	-	-	7	7
Disablement Pension	58	14	44	116
Occupational Injury-Medical Care	-	-	1	1
Incapacity Supplement	3	1	1	5
Guardian's Payment (Con)	9	-	4	13
Guardian's Payment (Non-Con)	3	-	2	5
Jobseeker's Allowance (Means)	111	50	144	305
Jobseeker's Allowance	171	33	165	369
Jobseeker's Benefit	25	9	35	69
Jobseeker's Transitional	4	3	-	7
BTW Family Dividend	1	-	1	2
Carer’s Support Grant *	18	1	18	37
Insurability of Employment	22	3	10	35
Supplementary Welfare  Allowance	122	15	96	233
Survivor's Pension (Con)	3	-	5	8
Survivor's Pension (Non-con)	3	3	6	12
All Appeals	3,081	363	1,968	5,412

* Previously called Respite Care Grant

Social Welfare Eligibility

Questions (579)

Bernard Durkan

Question:

579. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which the self employed can qualify for various social welfare supports now and in the future; and if she will make a statement on the matter. [8815/18]

Written answers

Minister for Employment Affairs and Social Protection

Self-employed workers who earn €5,000 or more in a contribution year, are liable for PRSI at the class S rate of 4%, subject to a minimum annual payment of €500. This provides them with access to the following benefits: State pension (contributory), widow’s, widower’s or surviving civil partner’s pension (contributory), guardian’s payment (contributory), maternity benefit, adoptive benefit, paternity benefit, treatment benefit (from March 2017). Entitlement to invalidity pension was extended to the self-employed from December 2017.

This compares favourably with employees who, in general, are liable to the PRSI Class A rate of 4%. In addition their employers are liable to PRSI at the rate of 8.6% on weekly earnings up to and including €376 or at the rate of 10.85% where weekly earnings exceed €376. Accordingly the combined rate of PRSI rate paid in respect of Class A employees is 12.6% or 14.85%, depending on the level of weekly earnings. These Class A employees are entitled to the full range of social insurance benefits.

The issue of extending additional social insurance benefits to the self-employed paying Class S PRSI was considered in the Actuarial Review of the Social Insurance fund (SIF) as at 31 December, 2015, which I published in October 2017. The review, required by legislation, was carried out by independent consultants, KPMG. It examines the projected income and expenditure of the SIF over the course of the 55 year period from 2016 to 2071.

The review found that the fund currently has a modest surplus of income over expenditure. In 2016 there was a surplus of €0.4 billion on expenditure of €8.8 billion and receipts of €9.2 billion. However, this will reduce over the next two years and will return to a small shortfall in 2020. The annual shortfalls are projected to increase from 2021 onwards as the ageing of the population impacts. Projections indicate that, in the absence of further action to tackle the shortfall, the excess of expenditure over income of the fund will increase significantly over the medium to long term. The shortfall in expenditure over income is projected to increase from €0.2 billion in 2020 to €3.3 billion by 2030 and to €22.2 billion by 2071. It should be noted that as self-employed workers were to be eligible to apply for invalidity pension from December 2017, the cost of this introduction has been factored into the actuarial review’s findings.

As part of the review the independent consultants were required to project the additional PRSI expenditure if invalidity pension and illness, jobseeker’s and carer’s benefits were extended to Class S self-employed workers and the PRSI contribution rates required to provide these benefits on a revenue neutral basis.

The review found that the combined cost of introducing the invalidity, illness, jobseeker’s and carer’s benefits for PRSI Class S contributions is estimated to be €118 million in 2018, rising steadily to €223 million in 2020. By 2025 the projected cost is €413 million and over the period of the review the cost would rise to €1.3 billion in 2071.

The review indicates that, where these benefits are extended to the self-employed, the Class S rate of PRSI contribution would need to increase substantially in order to ensure that the benefits are delivered in a revenue neutral manner. It estimates that when expenditure on the additional benefits is considered over the entire projection period, PRSI rates would need to increase by 94% under a scenario of no subvention from the exchequer. This is equivalent to an increase of the Class S contribution rate from the current 4% rate to 7.8%.

This increased contribution is attributable to the costs of extending these additional benefits to PRSI Class S contributors. It does not take account of the value to PRSI Class S contributors of access to the range of existing benefits, and in particular State pension contributory. The consultants estimated that the typical cost of State pension (contributory) on its own is of the order of 10% to 15%, depending on other factors including rate of average earnings and date of commencing paying PRSI. Adding in the other benefits referenced the total Class S rate of contribution to ensure revenue neutrality would be of the order of 20% per annum.

The findings of the Review will play an important role in informing the overall debate on policy developments in relation to the SIF in the years ahead, including the financial sustainability of the Fund given the expected demographic challenges and consideration of extending the scope of benefits for workers generally, including the self-employed.

Social Welfare Benefits

Questions (580)

Bernard Durkan

Question:

580. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which her Department can assist those in danger of becoming homeless, with particular reference to situations where a primary payment is terminated and rent support likewise, resulting in hardship, anxiety and despair; if in such cases rent support will not be terminated until all has been decided; and if she will make a statement on the matter. [8816/18]

Written answers

Minister for Employment Affairs and Social Protection

Rent supplement plays a vital role in housing families and individuals, with the scheme supporting some 33,400 recipients for which the Government has provided €180 million for in 2018.

Continued entitlement to rent supplement is not linked to entitlement to other social welfare schemes, however the rent supplement claim may be reviewed following a decision to suspend or disallow a primary social welfare payment as there may be a change to the claimant’s circumstances that could affect eligibility. During a review of a rent supplement claim, the Community Welfare Service (CWS) staff will engage with the claimant to establish continued eligibility as quickly as possible and limit any delay to payments.

Any person in this situation is encouraged to contact the Department’s CWS responsible for their rent supplement claim to discuss their circumstances. I can assure the Deputy that every effort is made so that rent supplement tenants are supported by my Department.

I trust this clarifies the matter for the Deputy.

Youth Unemployment Data

Questions (581)

Bernard Durkan

Question:

581. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent of youth unemployment; and if she will make a statement on the matter. [8817/18]

Written answers

Minister for Employment Affairs and Social Protection

Irish youth unemployment has fallen from a peak of 31.2% in 2012 to 13.7% in January 2018. Irish youth unemployment has thus fallen from well above the EU average in 2012 (23%) to well below the current figure EU figure of 19.1%. The long-term unemployment rate for young people has fallen from over 15% at peak to below 4% in the third quarter of 2017.

Youth unemployment figures can be expected to fall further this year in line with the continuing forecast fall in overall unemployment. Additionally, Ireland is on course to bring youth unemployment below 12% and long-term unemployment below 2.5% in accordance with Pathways to Work targets for 2020.

These trends indicate that together with improvements in the labour market and economic recovery, our approach to youth employment, which focuses in the first instance on enhancing processes and policies for assisting young unemployed people to find and secure sustainable jobs, has been relatively successful.

Under the Youth Guarantee process case officers engage with unemployed young people, on a monthly basis, to prepare and implement personal progression plans for employment. Where young people do not find work quickly, additional supports are offered through places on employment and training schemes.

As part of this range of opportunities, later this year I will be introducing a new work experience programme targeted exclusively at young jobseekers who are long-term unemployed and face a significant barrier to gaining employment.

The Youth Employment Support Scheme (YESS) will provide young job seekers with the opportunity to learn basic work and social skills in a supportive environment while on a work placement. Host Organisations will be encouraged to hire participants who have performed well and will qualify for a financial subsidy under JobsPlus Youth. YESS will compliment other initiatives such as the expanded range of Apprenticeships and Career Traineeships. Operational details are currently being finalised and I hope to launch the Scheme in Q.2, 2018.

I am confident that these measures, and continuing economic recovery, will support further reductions in youth unemployment and add to the substantial improvements that have already been seen over the last few years.

Unemployment Data

Questions (582)

Bernard Durkan

Question:

582. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent of long-term unemployment; and if she will make a statement on the matter. [8818/18]

Written answers

Minister for Employment Affairs and Social Protection

Government policy to reduce unemployment is twofold. First, through policies set out in the Action Plan for Jobs, to create an environment in which business can succeed and create jobs; and second, through Pathways to Work to ensure that as many of these new jobs and other vacancies that arise in our economy are filled by people taken from the Live Register, and in particular the long-term unemployed.

To date, these policies have been effective in reducing long-term unemployment. For example, the most recent data show that the rate of long-term unemployment in Ireland has fallen from a peak of 9.5% in 2012 to 2.8%. in Q3, 2017. This downward trend indicates that Ireland is well on course to bring long-term unemployment below 2.5% in accordance with Pathways to Work targets for 2020, and maybe even improve on it.

Policy continues to focus on support for the long-term unemployed. For example, the Pathways to Work 2016-2020 strategy prioritises long-term unemployed people – most notably through the roll-out of JobPath to engage more systematically with this group; through targeted wage subsidies under JobsPlus; and through reserved places for long-term unemployed jobseekers on employment and training programmes.

I am confident these measures, and continuing economic recovery, will support further reductions in long-term unemployment and add to the substantial improvements that have already been seen over the last few years.

Social Welfare Appeals Data

Questions (583)

Bernard Durkan

Question:

583. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of decisions in respect of various refusals for payments that have been overturned on appeal in the past four years to date; and if she will make a statement on the matter. [8819/18]

Written answers

Minister for Employment Affairs and Social Protection

I understand the Deputy’s question relates to the outcome of appeals made to the Social Welfare Appeals Office over the past four years.

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.

The tables below provide the details which have been requested by the Deputy from 2014 to 2017.

Overall, 60.1% of the 18,980 appeals which were finalised in 2017 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/Designated Person. The equivalent figures for the previous years were 2016 (59.2%), 2015 (58.8%) and 2014 (56.5%).

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 or Designated Person as was the case in some 37 per cent of favourable appeal outcomes in both 2017 and 2016, some 35% in 2015 and some 30% in 2014. Where the decision was 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, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.

Decisions concerning entitlement to a social welfare payment or insurability of employment often require a high level of judgment and may involve complex legal questions. The Courts have found that decision makers are required to be free and unrestricted in discharging their functions.

I trust this clarifies the matter for the Deputy.

Outcome of Appeals by Category 2014

	Revised DO Decision	Allowed	Partially Allowed	Disallowed	Withdrawn
State Pension (Non- Contributory)	64	64	23	162	19
State Pension (Contributory)	22	36	5	112	7
State Pension (Transition)	4	4	1	19	2
Survivor’s Pension (Contributory)	4	17	4	33	1
Bereavement Grant	12	2	-	71	1
Jobseeker’s Allowance – Payments	395	775	129	1,450	229
Jobseeker’s Allowance-Means	454	439	176	1,708	295
One Parent Family Payment	173	165	29	245	141
Survivor’s Pension (Non-Con)	8	6	4	8	5
Deserted Wife’s Allowance	1	-	-	1	-
Supplementary Welfare Allowance	462	852	128	1,496	295
Farm Assist	46	57	30	113	42
Pre-Retirement Allowance	1	-	-	1	-
Jobseeker’s Benefit	173	218	46	473	83
Deserted Wife’s Benefit	-	2	-	1	2
Maternity Benefit	6	5	-	16	-
Adoptive Benefit	-	-	-	1	-
Treatment Benefits	-	-	-	2	-
Partial Capacity Benefit	17	27	4	37	8
Disability Allowance	671	3,860	100	2,010	90
Blind Pension	3	7	1	15	-
Carer’s Allowance	463	1,240	177	1,451	55
Domiciliary Care Allowance	506	701	24	334	10
Carers Support Grant	21	61	1	64	9
Illness Benefit	596	247	20	311	385
Injury Benefit	1	4	-	9	1
Invalidity Pension	584	2,133	15	747	43
Disablement Benefit	59	111	19	212	6
Incapacity Supplement	8	10	1	6	3
Medical Care	2	2	-	-	1
Carer’s Benefit	42	37	4	43	8
Child Benefit	184	110	40	346	17
Family Income Supplement	289	94	15	141	13
Guardian’s Payment (Non-Contributory)	3	9	1	5	2
Guardian’s Payment (Contributory)	7	16	2	23	1
Widowed Parent Grant	-	3	-	11	-
Insurability	20	13	4	62	17
Liable Relative’s	5	-	-	12	33
TOTAL  APPEALS: 31,211	5,306	11,327	1,003	11,751	1,824

table contd.

Outcome of Appeals by Category 2015

	Revised DO Decision	Allowed	Partially Allowed	Disallowed	Withdrawn
State Pension (Non- Contributory)	54	61	27	145	30
State Pension (Contributory)	48	36	5	113	10
State Pension (Transition)	-	-	2	6	-
Survivor’s Pension (Contributory)	1	7	1	21	1
Death Benefit	-	-	-	1	-
Bereavement Grant	3	1	-	19	-
Jobseeker’s Allowance – Payments	260	536	116	972	175
Jobseeker’s Transitional	8	1	1	5	6
Jobseeker’s Allowance-Means	299	284	108	1,336	229
One Parent Family Payment	84	112	18	138	57
Survivor’s Pension (Non-Con)	8	4	1	11	1
Deserted Wife’s Allowance	1	1	-	-	-
Supplementary Welfare Allowance	373	634	77	1,069	177
Farm Assist	29	30	15	89	22
Pre-Retirement Allowance	-	-	1	-	-
Jobseeker’s Benefit	120	160	38	317	53
Deserted Wife’s Benefit	1	7	7	2	1
Maternity Benefit	19	3	1	27	1
Homemakers	-	-	-	1	-
Treatment Benefits	-	-	-	1	-
Partial Capacity Benefit	7	13	-	13	5
Disability Allowance	1,443	3,384	85	1,751	77
Blind Pension	1	6	-	10	1
Carer’s Allowance	579	1,352	155	1,355	50
Domiciliary Care Allowance	313	571	40	226	8
Carers Support Grant	43	33	2	56	4
Illness Benefit	508	199	16	211	286
Injury Benefit	9	11	-	26	3
Invalidity Pension	511	1,135	17	421	37
Disablement Benefit	43	105	20	180	3
Incapacity Supplement	6	7	-	4	-
Medical Care	3	-	-	-	14
Carer’s Benefit	52	25	5	27	1
Child Benefit	172	83	35	331	11
Family Income Supplement	167	88	8	141	10
Back To Work Family Dividend	9	1	-	14	3
Guardian’s Payment (Non-Cont)	4	10	1	5	-
Guardian’s Payment (Contributory)	11	15	3	18	1
Widowed Parent Grant	-	-	-	7	-
Insurability	5	20	-	71	11
Liable Relative’s	4	-	-	22	5
Recoverable Benefits & Assistance	2	4	2	5	-
TOTAL  APPEALS: 25,406	5,200	8,939	807	9,167	1,293

Outcome of Appeals by Category 2016

	Revised DO Decision	Allowed By AO	Partially Allowed By AO	Disallowed	Withdrawn
State Pension (Non- Contributory)	81	76	30	166	30
State Pension (Contributory)	56	33	13	201	9
State Pension (Transition)	-	1	1	2	1
Widow’s/Widower’s Pension (Contributory)	7	12	5	34	2
Death Benefit	-	-	-	1	-
Bereavement Grant	-	1	-	1	-
Jobseeker’s Allowance - Payments	324	525	98	945	141
Jobseeker’s Transitional	6	12	1	15	5
Jobseeker’s Allowance -Means	338	287	120	1,216	198
One Parent Family Payment	59	89	27	121	51
Widow’s/Widower’s Pension (Non-Contributory)	1	5	1	14	1
Supplementary Welfare Allowance	346	532	75	923	156
Farm Assist	45	31	29	94	16
Jobseeker’s Benefit	155	151	40	304	54
Deserted Wife’s Benefit	-	5	1	4	1
Maternity Benefit	12	17	1	60	1
Treatment Benefits	-	-	-	6	-
Partial Capacity Benefit	7	9	-	16	3
Disability Allowance	815	2,830	88	1,367	75
Blind Pension	2	5	1	11	-
Carer’s Allowance	815	1,375	145	1,237	52
Domiciliary Care Allowance	469	596	18	250	11
Respite Care Allowance	56	37	2	49	7
Illness Benefit	341	136	5	168	230
Injury Benefit	13	13	1	30	2
Invalidity Pension	642	682	10	302	18
Disablement Benefit	45	140	13	164	9
Incapacity Supplement	5	1	1	7	-
Medical Care	2	-	-	-	1
Carer’s Benefit	32	11	3	23	2
Child Benefit	190	68	29	295	19
Family Income Supplement	177	125	18	135	15
Back To Work Family Dividend	12	1	-	49	3
Guardian’s Payment (Non-Con)	3	10	1	5	1
Guardian’s Payment (Contributory)	4	16	1	20	1
Widowed Parent Grant	2	-	-	8	1
Insurability	20	30	4	72	13
Liable Relative’s	12	-	-	9	-
Recoverable Benefits & Assistance	6	9	1	12	1
TOTAL  APPEALS: 23,220	5,100	7,871	783	8,336	1,130

Outcome of Appeals by Category 2017

	Revised DO Decision	Allowed	Partially Allowed	Disallowed	Withdrawn
State Pension (Non- Contributory)	78	75	34	128	28
State Pension (Contributory)	76	35	12	218	13
State Pension (Transition)	-	1	-	2	-
Survivor’s Pension (Contributory)	7	8	-	15	1
Death Benefit	-	-	-	1	-
Bereavement Grant	-	1	-	-	-
Jobseeker’s Allowance – Payments	309	349	66	665	184
Jobseeker’s Transitional	10	10	4	6	7
Jobseeker’s Allowance-Means	264	187	82	708	212
One Parent Family Payment	54	67	19	67	50
Survivor’s Pension (Non-Con)	3	7	4	9	0
Supplementary Welfare Allowance	229	304	34	602	180
Farm Assist	28	22	18	60	14
Pre-Retirement Allowance	1	-	-	-	-
Jobseeker’s Benefit	117	83	21	206	52
Deserted Wife’s Benefit	-	2	1	2	-
Maternity Benefit	8	10	3	49	1
Paternity Benefit	3	1	-	3	1
Adoptive Benefit	-	-	-	2	-
Treatment Benefits	-	-	-	1	-
Partial Capacity Benefit	11	15	1	14	4
Disability Allowance	563	2,975	70	1,211	115
Blind Pension	3	1	1	7	3
Carer’s Allowance	780	1,204	161	1,199	72
Domiciliary Care Allowance	343	297	10	135	16
Carers Support Grant	45	35	2	72	1
Illness Benefit	140	118	8	189	59
Injury Benefit	2	3	-	27	6
Invalidity Pension	691	365	7	262	23
Disablement Benefit	30	86	19	109	6
Incapacity Supplement	3	3	1	3	-
Medical Care	1	-	--	1	-
Carer’s Benefit	39	23	2	37	3
Child Benefit	154	68	23	178	15
Family Income Supplement	267	76	15	130	15
Back To Work Family Dividend	4	7	-	25	5
Guardian’s Payment (Non-Contributory)	2	5	1	7	-
Guardian’s Payment (Contributory)	4	13	2	14	-
Widowed Parent Grant	-	-	-	2	-
Insurability	11	34	4	37	53
Liable Relative’s	-	-	4	11	2
Recoverable Benefits & Assistance	3	3	-	20	-
TOTAL  APPEALS: 18,980	4,283	6,493	629	6,434	1,141

Housing Policy

Questions (584)

Jackie Cahill

Question:

584. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government his plans to introduce legislation or regulations that would encourage vulture funds to make residential properties that are in their ownership available to the market to reduce the shortage of housing (details supplied); and if he will make a statement on the matter. [8071/18]

Written answers

Minister for Housing, Planning and Local Government

The introduction of legislation or regulations of the kind referred to would be a matter for the Minister for Finance.

Under the Government's Rebuilding Ireland Action Plan on Housing and Homelessness there is a scheme in place, administered by the Housing Agency, for the acquisition of dwellings being disposed of by banks and private equity funds. An acquisitions fund of €70m, which is a revolving fund, was established in 2017 with the objective of acquiring 1,600 units over the period to 2020 for social housing use. 

Under this Fund, as at 31 January 2018, the Agency had bids accepted on 443 properties. Contracts have been signed for 399 units and 384 of these purchases have closed. The process of selling properties on to Approved Housing Bodies (AHBs) is well underway. As of 31 January 2018, the Agency had signed purchase option agreements for 314 properties with AHBs and the onward sale of 45 units to AHBs have been completed in full, with €10m being made available for reinvestment by the Agency in further purchases.

Irish Water Administration

Questions (585)

John McGuinness

Question:

585. Deputy John McGuinness asked the Minister for Housing, Planning and Local Government when legislation or regulations needed to make Irish Water accountable to the Comptroller and Auditor General will be in place. [8476/18]

Written answers

Minister for Housing, Planning and Local Government

I refer to the reply to Question No. 342 on 1 February 2018 which sets out the position in this matter.  The position is unchanged.

Local Authority Staff Remuneration

Questions (586)

Marcella Corcoran Kennedy

Question:

586. Deputy Marcella Corcoran Kennedy asked the Minister for Housing, Planning and Local Government if the case of a person (details supplied) who has been offered a position at the minimum entry point on a pay scale will be reviewed; and if he will make a statement on the matter. [8555/18]

Written answers

Minister for Housing, Planning and Local Government

Under section 159 of the Local Government Act 2001, it is the Chief Executive of each local authority who is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the Council. In this regard, it is a matter for the Chief Executive of Dublin City Council to ensure that the correct procedures are applied to starting pay on recruitment from open competitions.

In January 2011, my Department conveyed instructions through Circular 02/2011, set out below, to all local authorities in relation to a Government decision, that starting pay on recruitment from open competitions should be at the minimum point of the relevant scale.  It is open to a Chief Executive to make a business case to my Department should they feel a candidate's experience warrants a higher placing on a pay scale; however this is something that is only used in exceptional cases.

In 2015, my Department conveyed an instruction to local authorities through Circular 05/2016, also below, with regard to the scenario where a public servant moving from one public sector organisation to another retains their salary level if they are moving to a post that is analogous to the one they are moving from. However, from the details supplied, this scenario does not apply given it involves a downward grade move i.e. from Senior Quantity Surveyor to the grade below that, Executive Quantity Surveyor. The fact that the candidate is first on the panel bears no relevance or entitlement to their placing on an incremental scale; the same rules apply regardless of a candidate's position on a panel.

In this instance, it would appear that Dublin City Council has correctly applied the rules relating to starting pay.

Local Authority Housing Mortgages

Questions (587)

Catherine Murphy

Question:

587. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the arrangements that were made with banks to provide letters of refusal in the context of the new local authority mortgage scheme; the options available in cases in which refusals are occurring but the banks or building societies will not provide a letter to this effect; if this situation was anticipated; if discussions were held with the lending institutions; and if he will make a statement on the matter. [8080/18]

Written answers

Minister for Housing, Planning and Local Government

Following a review of the two existing local authority home loan schemes, the House Purchase Loan and the Home Choice Loan, a new loan offering - the Rebuilding Ireland Home Loan - was introduced on 1 February 2018.

It has been a feature of all local authority mortgage lending since 1987 that loan applicants must provide documentary evidence of being unable to secure sufficient finance from two financial institutions.  There is no change to this requirement under the new Rebuilding Ireland Home Loan.  The reason that such a requirement exists is that local authorities are not competing with commercial lenders, rather local authorities, as they have done for many years, are providing low cost and affordable mortgages to credit worthy first time buyers, who are unable to secure adequate loan finance from commercial lenders.  It is only when an applicant has been offered an insufficient loan amount by two commercial lenders, that they may apply for a Rebuilding Ireland Home Loan.  

My Department is not aware, either currently or historically, of difficulties arising for local authority applicants in securing the necessary evidence of inadequate loan offers from two financial institutions. Any applicant with concerns in this regard should contact the Housing Section of their local authority or the Rebuilding Ireland Homeloan helpdesk at [phone].

Water Quality

Questions (588, 589, 590)

Thomas Byrne

Question:

588. Deputy Thomas Byrne asked the Minister for Housing, Planning and Local Government the status of the national roll-out of testing of alarm systems to ensure the non-occurrence of elevated chlorine levels in the public water supply. [8114/18]

Thomas Byrne

Question:

589. Deputy Thomas Byrne asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the recent malfunction of an elevated chlorine alarm system in an area (details supplied) in County Meath which resulted in a water ban for over 500 homes. [8115/18]

Thomas Byrne

Question:

590. Deputy Thomas Byrne asked the Minister for Housing, Planning and Local Government the number of water plants that have been fitted and not fitted respectively with testing of alarm systems for elevated chlorine levels. [8116/18]

Written answers

Minister for Housing, Planning and Local Government

I propose to take Questions Nos. 588 to 590, inclusive, together.

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels.  

While monitoring chlorine levels is an operational matter for the utility, my Department was advised of the recent chlorine-related incident in Co. Meath which resulted in a water use ban affecting some 1,200 persons being imposed on 7 February 2018.  I understand that following the successful resolution of the matter, normal water service was restored to the homes concerned on 8 February 2018.

Chlorine is the most commonly used disinfectant in water treatment in Ireland. It is added at the water treatment plant and for larger networks may require boosting at key locations including reservoirs and pumping stations to ensure the correct levels of chlorine are maintained throughout the entire network.

I understand that Irish Water is currently undertaking a national programme of works to improve the quality of drinking water and increase water quality compliance levels across the country. As part of this programme over €40 million is to be invested in the upgrade and standardisation of disinfection systems currently installed in over 830 public drinking water treatment plants.

I am advised by Irish Water that the Disinfection Programme is being carried out in two phases. Phase 1 involves the assessment of the condition and performance of the existing disinfection systems at water treatment plants across the country. This will determine the works required to ensure that the treatment plant disinfection process meets the specified requirements. Phase 2 then involves carrying out any necessary upgrade works. Such works may include upgrade of chemical storage and treatment processing infrastructure, upgrade of ultraviolet (UV) disinfection systems, upgrade of monitoring systems and generation of Critical Process Alarms.

Irish Water is currently identifying and planning the appropriate mitigation measures to be carried out at water treatment plants throughout the country to achieve water quality compliance. To date, Irish Water has assessed over 450 sites and commenced upgrades to over 130 water treatment plants.

Chlorine levels in drinking water are monitored primarily via a rigorous sampling programme which tests the levels of chlorine in the water at various points from the treatment plant to the customer’s tap. Any changes to chlorine levels are fully investigated and any necessary actions agreed. This monitoring programme is supplemented by alarms which can alert to issues often associated with the point at which chlorine is added. To ensure a fully robust system all points of chlorine addition will be considered over time including the boosting points along a network. Irish Water has begun this process, which will take some time to complete given the vast amount of assets to be audited and adjusted when reservoirs, pumping stations and boosting points within a network are included.