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Thursday, 3 May 2018

Written Answers Nos. 32-50

Labour Activation Measures

Questions (32)

Willie Penrose

Question:

32. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the additional number of persons expected to access community employment and Tús schemes following the rule change for JobPath that comes into effect on 1 June 2018; if additional resources will be made available in this regard; and if she will make a statement on the matter. [19221/18]

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Written answers

JobPath is one of a range of activation supports, including employment schemes such as Community Employment (CE) and Tús, catering for unemployed jobseekers. Long term unemployed jobseekers who are not engaged with any other activation scheme or service are referred by my Department to the JobPath service to receive intensive individual support, including relevant training and educational programmes which will assist them in finding full-time sustainable employment. 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. 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 year 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 the schemes operate and will allow more people who are long-term unemployed to access them. I continue to keep this whole area under review so that these schemes provide real and valuable support to both individuals and communities.

As the Deputy is aware, I recently announced that from June 2018, customers currently engaged with the JobPath service and those who may be referred in future will have the option of applying for CE and Tús placement while continuing to engage with JobPath.

This has a number of benefits both for the vital services provided at a local level by participants on CE and Tús programmes and directly for my Department’s customers. It maximises the assistance and services for people who are long-term unemployed through a combination of a quality work placement and personalised job seeking support provided through the JobPath service. I want to make sure that their valuable contribution to their local communities will continue, and that they continue to benefit from the personalised, case-managed activation support of the JobPath service.

The Government is very mindful of the large number of work programme places involved in service delivery and other valuable services around the country. While it is difficult to predict the number of persons who will avail of this option to participate on CE and Tús, while at the same time maintaining their engagement with JobPath, I anticipate that it will assist in the filling of vacancies on both programmes. There is no additional cost implication with the introduction of this measure.

I trust this clarifies the matter for the Deputy.

Pensions Reform

Questions (33)

Niamh Smyth

Question:

33. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection her plans to reform the pension system in view of the perception that it discriminates against persons, mainly women, that took time out of the workforce prior to 1994 to care for children or elderly relatives; and if she will make a statement on the matter. [18669/18]

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Written answers

A policy to introduce the Total Contributions Approach (TCA) to pensions calculation was adopted by the then Government in the National Pensions Framework in 2010, as was the decision to base the entitlements of all new pensioners on this approach from 2020.On the 23rd January, the Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated under a total contributions approach, which will include up to 20 years of a new HomeCaring credit. The TCA will ensure that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines their final pension outcome. In particular it will benefit people whose work history includes an extended period of time outside the paid workplace, while raising families or in a full-time caring role. Crucially, unlike the proposed Homemaking Credits which was proposed in 2010 as part of the National Pensions Framework, the HomeCaring Credit will apply to periods both before and after 1994, as for most people reaching pension age between 2012 and 2019, such periods, where they had them, occurred before 1994, and provisions restricted to periods after then are of little or no benefit to them.

This approach will make it easier for many post-2012 pensioners affected by the 2012 rate band changes who are currently assessed under the yearly average model, to qualify for a higher rate of the State Pension (contributory). A person who reached pension age after 1st September 2012 and has a 40 year record of paid and credited social insurance contributions, subject to a maximum of 20 years of the new HomeCaring credits, will qualify for a maximum contributory pension where they satisfy the other qualifying conditions for the scheme. Up to 10 years of other credits, for example, awarded when on Jobseekers or Illness Benefit, may also be used, subject to the total credits not exceeding 20 years.

Legislation has to be drafted and enacted to enable implementation of these arrangements and IT solutions in line with this legislation must be developed. Accordingly, it is planned that the reviews will commence before the end of this year, with the first payments being made in the first quarter of 2019.

I hope this clarifies matters for the Deputy.

Paternity Leave

Questions (34)

Willie Penrose

Question:

34. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection her plans to expand the provision of paternity leave and paid parental leave; and if she will make a statement on the matter. [19222/18]

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Written answers

The Department of Justice and Equality have policy and legislative responsibility for paternity leave and parental leave. My Department has responsibility for any associated social welfare payments.

The Programme for Partnership Government commits the Government to increase paid parental leave in the first year of a child's life. An inter-departmental working group has been established, chaired by the Department of Justice and Equality, which is examining options for delivering on this commitment. In line with the Government’s commitment, the inter-departmental working group is focusing in particular on early years. It is expected that the working group will report later this month. Discussions are also ongoing at working group level in relation to an EU proposal for a Work-Life Balance Directive. This Directive includes a proposal to convert the current parental leave entitlement of 18 weeks unpaid leave per child into paid leave.

The proposed Directive is part of a package of measures to address under-representation of women in employment, and to support their career progression through improved conditions to reconcile their working and private duties.

Any expansion of current social welfare schemes would have to be considered in a budgetary context.

Jobseeker's Allowance

Questions (35)

Richard Boyd Barrett

Question:

35. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the way in which she plans to address the anomaly that persons who are homeless and under 25 years of age on jobseeker's allowance are on a reduced payment as per the rules of the scheme making it much more difficult for them to extricate themselves from homelessness. [19307/18]

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Written answers

In line with other EU and OECD jurisdictions where such measures feature in their social welfare systems, reduced rates for younger jobseeker’s allowance recipients were first introduced in 2009. These were further extended in subsequent budgets and now apply to jobseeker’s allowance recipients under 26 years of age. This is a targeted, non-discriminatory, measure aimed at protecting young people from welfare dependency by incentivising them to avail of education and training opportunities. If a jobseeker in receipt of the reduced jobseeker’s allowance rate participates on an education or training programme they will receive a higher weekly payment of €198. To guard against the development of welfare dependency I believe it is necessary to provide young jobseekers with a strong financial incentive to engage in education or training or to take up employment. If they do not improve their skills, it will be much more difficult for them to avail of job opportunities as the economy recovers and they are at risk of becoming long term unemployed from a young age.

My Department continues to engage in inter-agency responses to homelessness through its work in the Homeless Persons Unit in Dublin and engagement with Tusla, the HSE and non-Government organisations in providing the necessary support to all vulnerable people including young people who are experiencing homelessness or are in insecure situations. These cases are managed on a case-by-case basis and the payment of deposits and rent in advance is considered.

Exceptional Needs Payments

Questions (36)

Willie O'Dea

Question:

36. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection her plans to reform the operation of the exceptional needs payment in view of concerns that have been raised regarding access to the payment; and if she will make a statement on the matter. [19175/18]

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Written answers

Provision of a prompt service is a major objective for the Department, especially for the Supplementary Welfare Allowance scheme which is the safety net within the social welfare system. The Deputy will be aware that my Department has re-engineered its business model to support the provision of integrated services across all business streams involved in the delivery of localised services. As part of this strategy, the Department is engaged in the delivery of integrated Intreo centres, which provide a full range of services, including the Community Welfare Service (CWS), generally available in one location. 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 Government has provided over €36 million for exceptional payments 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. ENP applications are examined promptly by the Department given the nature and sometimes urgency of the need presented.

I can assure the Deputy that the ENP scheme is kept under review to ensure that it continues to support those most in need of assistance. If the Deputy has concerns in respect of a particular case or aspect of the scheme he should bring the details to the attention of the Department.

I trust this clarifies the matter.

Public Services Card Authentication

Questions (37)

Mick Wallace

Question:

37. Deputy Mick Wallace asked the Minister for Employment Affairs and Social Protection her views on the tender recently published on her Department's website seeking the supply of facial image matching software to improve the performance of the SAFE registration process; and if she will make a statement on the matter. [19280/18]

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Written answers

The use of facial recognition technology has been successfully employed by my Department for a number of years. What is proposed, in the context of this competitive tender process, is a continuation and upgrade of this existing technology.

My Department uses facial image matching software to strengthen the SAFE registration process. The normal digital photograph in JPEG format is captured during the SAFE registration process and is inputted into and stored in this facial image matching software. It is then modelled and searched against the Department’s photo database to ensure that the person in the photograph has not already been registered using a different Personal Public Service Number or a different identity dataset. The software compares photographs by converting the image into an arithmetic template based on the individual’s facial characteristics and checking it against the other image templates already held in that software’s database from other SAFE registrations.

It is a similar approach to that taken by the Passport Office in its systems when processing passport applications/renewals.

My Department is simply ensuring that it employs the latest technology to increase the efficiency and effectiveness of its operations and to minimise maintenance cost and effort.

It is also important to note that the application of this technology has detected a number of cases of serious identity fraud, some of which have been successfully prosecuted through the courts on indictment, with significant custodial sentences being imposed.

I hope this clarifies the matter for the Deputy.

Child Maintenance Payments

Questions (38)

John Brady

Question:

38. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of social welfare payments that take child maintenance payments into account as means; and if she will make a statement on the matter. [19257/18]

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Written answers

My Department operates a range of means tested social assistance payments. Social welfare legislation provides that the means test for these schemes takes account of the income and assets of the person and a spouse / partner, if applicable. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares and other investments.

The means-tested social assistance payments for which maintenance payments are assessed as means are jobseeker’s allowance; disability allowance; farm assist; state pension non-contributory; supplementary welfare allowance; blind pension; one-parent family payment; pre-retirement allowance; and widow’s, widower’s or surviving civil partner’s non-contributory pension. For these schemes, maintenance payments (including maintenance payments made to or in respect of a qualified child) are assessed by first disregarding any housing costs incurred up to €4,952 per annum (or €95.23 per week), and then assessing the remainder at 50%.

Accordingly, the total value of any maintenance payments is never assessed as means for these weekly income support payments and the total income received by the family (social welfare payment and maintenance payment combined) will be higher than someone not receiving maintenance payments.

Maintenance payments made to qualified adults of social insurance payments, as well as working family payment recipients, are assessed as means.

Job Losses

Questions (39)

Maurice Quinlivan

Question:

39. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the knowledge she had of potential job losses prior the announcement of 750 potential jobs losses in Eir; and her plans to help the affected staff deal with the news. [17122/18]

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Written answers

My Department received a communication dated 12th April 2018 from ‘eircom limited’, with a registered address of: 1 Heuston South Quarter, St John’s Road West, Dublin 8. In accordance with its obligations under section 12 of the Protection of Employment Acts 1977-2014 ‘eircom Ltd’ gave details of “a potential collective redundancy situation which may arise in the Company”.My Department understands that any redundancies which may occur are hoped to be on a voluntary basis and the locations of these redundancies will depend on the level of uptake. I have made all relevant Divisions in my Department aware of the Company’s communication and my Department’s staff are available to answer any queries from employees wishing to take voluntary redundancy from eircom. The priority of my Department is to ensure that any former employee receives advice on jobseekers payments and other income supports that may be available to them and to provide support to them in relation to returning to work, or accessing appropriate education and training options.

The key message for any former employees is that my Department will provide jobseeker payments to which they may be entitled, in a timely manner and will proactively help them to access the many opportunities available for employment.

Any queries relating to income or activation supports should be directed to the employee’s local INTREO/Branch Office. A full list of INTREO centres and Branch Offices is available on www.welfare.ie.

Money Advice and Budgeting Service

Questions (40)

Willie O'Dea

Question:

40. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if she is satisfied with the restructuring process for Money Advice and Budgeting Services and Citizens Information Services; her views on the manner in which the process is being handled and the significant opposition to the process; and if she will make a statement on the matter. [19178/18]

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Written answers

The executive of the Citizens Information Board (CIB) is implementing the decision of the Board of CIB to reorganise the governance arrangements of ninety three individual local company boards, comprising 42 Citizens Information Services (CIS) and 51 Money Advice and Budgeting Services (MABS), to a new regionally based sixteen company model, comprising eight CIS and eight MABS companies. As stated on previous occasions, I am satisfied that the Board of CIB, which made this important decision in February 2017, did so in the best interest of the citizens which it serves. The first phase of the implementation process completed on 16th April, 2018 has seen the establishment of 6 new companies - 3 CIS and 3 MABS, in North Leinster (comprising Longford, Louth, Meath, Westmeath and Kildare), South Munster (Cork and Kerry) and Dublin South.

All staff, assets and liabilities of the 38 local companies involved in this phase have transferred to the 6 new companies. Recruitment of Directors for these new regional companies is complete with approximately half of the positions being filled by applicants who served as local company board members. There has been no change to service delivery points, no reduction in staffing, nor has there been any diminution of services for clients.

CIB welcomes the interest expressed in the new roles within the regional structure by existing volunteer board members and existing staff. It is the view of CIB that the level of interest shown demonstrates support and commitment to the further development of CIS and MABS services for the citizens who rely on them.

CIB has also informed me that both UNITE and SIPTU unions have confirmed that their members in both MABS and CIS companies have voted in favour of the transfer in a recent ballot.

The remaining 55 companies will transfer into the 5 new CIS and 5 new MABS Companies as they are established and it is envisaged that the next phase of transfer will be completed before the end of 2018.

CIB will continue to provide the necessary information and support to each of the local companies and their Chairpersons and Boards throughout the transition process.

I hope this clarifies the matter for the Deputy.

International Agreements

Questions (41)

Bernard Durkan

Question:

41. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which her Department has direct contact with other jurisdictions with which a bilateral arrangement for social welfare exists with particular reference to the need to ensure a smooth and expeditious process in dealing with claims particularly in which contributions in two or more jurisdictions arise; and if she will make a statement on the matter. [19286/18]

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Written answers

Ireland has negotiated Bilateral Social Security Agreements with a number of counties. The main purpose of these Agreements is to protect the pension rights of people who have worked and paid social security contributions in Ireland and the countries with which Ireland has such agreements. This is achieved by allowing reckonable social security contributions paid in one or more of these countries to be aggregated with Irish full-rate social insurance contributions for the purposes of qualifying for certain contributory payments in Ireland or in these countries. Liaison arrangements are in place with the relevant authorities of the countries with which Ireland has Social Security Agreements, for the transmission or request of information, in order to compile the full extent of a claimant’s insurance record.

If the Deputy is referring to a particular case and provides my office with details of it, I will have the matter examined.

Social Welfare Benefits Waiting Times

Questions (42)

John Brady

Question:

42. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the waiting times for applications submitted for carer's allowance, disability allowance and domiciliary care allowance; and if she will make a statement on the matter. [19260/18]

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Written answers

The information requested by the Deputy is detailed in the following table.

Average times to award carer’s allowance, disability allowance and domiciliary care allowance claims at the end of March 2018

Scheme

Average time to award

(Weeks)

Carer’s Allowance

19

Disability Allowance

14

Domiciliary Care Allowance

9

Pensions Reform

Questions (43)

John Curran

Question:

43. Deputy John Curran asked the Minister for Employment Affairs and Social Protection the progress made regarding introducing a new total contributions pension scheme by 2020 and the introduction of a pension auto-enrolment scheme by 2022; and if she will make a statement on the matter. [19168/18]

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Written answers

The Government’s ‘Roadmap for Pensions Reform 2018-2023’, details specific actions that will be taken to reform our pension system and provides a timeline for each of these actions. Reforms in the plan include the introduction of a ‘Total Contributions Approach’ (TCA) to the calculation of the State pension (contributory) from 2020 and the introduction, from 2022, of an ‘Automatic Enrolment’ supplementary savings system, for those without personal retirement savings.

A ‘Total Contributions Approach’ discussion paper is currently being finalised by officials in my department and I expect to launch a national consultation process by the end of May. Thereafter, we will finalise design proposals by the end of this year before bringing these to Government for consideration. With regard to the Automatic Enrolment reform, in order to ensure that the ambitious timetable set out in the Roadmap is honoured, Government agreed that a new full time ‘Automatic Enrolment Programme Management Office’ (PMO) would be established within my Department. This has been done.

The PMO has started the work required to establish the evidence base which will inform future Government decisions regarding the design of the system.

A new Interdepartmental ‘Automatic Enrolment Programme Board’ has also been established to provide strategic direction to the project and ensure that operational arrangements are in place to allow first enrolments no later than 2022.

It is intended that Government will publish a draft or ‘strawman’ proposal later in Q2 of this year. This strawman will be used as the basis for a public consultation process on automatic enrolment including the potential organisational structure and design parameters for the system.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (44)

Bernard Durkan

Question:

44. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the steps she plans to take to facilitate the award of widow and widower's pension in respect of persons married here following a divorce in another jurisdiction (details supplied); if the matter will be examined with a view to ensuring that full legal status and recognition is applicable; and if she will make a statement on the matter. [19285/18]

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Written answers

To qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish State Law, to be the legal widow(er) of the deceased.

The legislative provisions pertaining to the recognition of foreign divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act 1986. Responsibility for this legislation lies with the Minister for Justice and Equality. In accordance with that Act, a foreign divorce will be recognised in this State, if one of the parties to the divorce was domiciled in the country granting the divorce when proceedings were initiated. If neither party was domiciled in the country granting the divorce when proceedings were initiated, the foreign divorce cannot be recognised.

In those circumstances, any subsequent marriage cannot be recognised, and the person cannot be deemed, under Irish State Law, to be the legal widow(er) of the deceased. Consequently, there is no entitlement to widow(er)’s contributory pension.

I hope this clarifies the matter for the Deputy.

Public Services Card Data

Questions (45)

Clare Daly

Question:

45. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the number of face biometric data records collected through the administration of the public services card that are held by her Department; and the security protocols and policies in place to prevent a leak or breach of data records, including biometric data records collected by her Department through the public services card system. [19302/18]

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Written answers

Biometric information is information about the measurements of human body characteristics, such as fingerprints, eye retinas and irises, voice patterns, facial patterns and hand measurements and it is typically used for authentication purposes. The Public Services Card (PSC) does not store biometrics. While the card does store the person’s photograph and it appears on the card, it does not store the biometric or arithmetic template of that photograph. Nor is the biometric or arithmetic template of the photo stored in the PSI dataset or shared with other public bodies. My Department uses facial image matching software to strengthen the SAFE registration process. To date, just under 3.26 million PSCs have been produced. The normal digital photograph in JPEG format is captured during the SAFE registration process and is inputted into and stored in this facial image matching software. It is then modelled and searched against the Department’s photo database to ensure that the person in the photograph has not already been registered using a different Personal Public Service Number or a different identity dataset.

The software compares photographs by converting the image into an arithmetic template based on the individual’s facial characteristics and checking it against the other image templates already held in that software’s database from other SAFE registrations. It is a similar approach to that taken by the Passport Office in its systems when processing passport applications/renewals.

The arithmetic models behind the photographs are never stored on the PSC or in the Public Service Identity dataset. They are stored only in the facial image matching software’s database held in the Department’s own secure datacentres.

The Department does not ask for or collect biometric data from our customers e.g. fingerprints or retinal scans. Neither does it use advanced facial mapping cameras when taking the photo as part of the SAFE registration process. The process involves the digital photos collected being passed through a piece of facial matching software to detect and prevent error or suspected fraudulent activity.

It is also important to note that the application of this technology has detected a number of cases of serious identity fraud, some of which have been successfully prosecuted through the courts on indictment, with significant custodial sentences being imposed.

I should also emphasise that my Department takes its responsibilities in relation to data protection and protecting the data of its clients very seriously. The Department has data protection and information security policies, standards, procedures and guidelines in place governing the use of its computer systems and customer data.

Access to the Department’s applications and associated information is restricted to authorised individuals and for the purpose intended. Access is based on the principles of ‘need-to-know’ and ‘need-to-use’. Access to the facial matching system is managed by a designated system administrator(s) who creates and manages system access accounts for authorised users. These access rights are allocated based on the specific requirements of a user’s role whereby an individual staff member is permitted the minimum access rights required to complete their assigned tasks. There is full and comprehensive logging of all actions and events that occur in the system. The Department has a dedicated security function in place and works closely with Government Networks and the Department of Communications, Climate Action and Environment to ensure that networks and systems are protected from unauthorised access, malware and viruses.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory)

Questions (46)

Brendan Smith

Question:

46. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection her plans to amend legislation regarding the State pension (contributory) with particular reference to persons whose insurance contribution records were interrupted due to periods in receipt of farm assist; if the periods that persons were on farm assist can be credited for insurance purposes; and if she will make a statement on the matter. [19250/18]

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Written answers

The farm assist scheme was introduced in 1999 to provide income support for low income farmers. It replaced the former smallholders’ unemployment assistance payment. In line with the then existing arrangements for unemployment assistance (including smallholders) and pre-retirement allowance, the income of farm assist recipients was exempt from class S PRSI for self-employed workers.

Recipients of farm assist who had previously paid Class S social insurance had the option of paying voluntary contributions to maintain their social insurance record, provided they satisfied the qualifying conditions. Since 1st January 2007, the exemption from class S PRSI has been removed and those receiving jobseeker’s allowance and farm assist are subject to Class S PRSI as self-employed contributors on their self-employed income, provided their annual income is €5,000 or more. There are currently no plans to amend legislation regarding the State pension (contributory), to award a maximum rate payment to pensioners who had such a period during 1999-2006 when they were exempt from paying PRSI contributions.

However, a person aged over 66 with limited PRSI contributions over the course of their life may claim a State pension (non-contributory) if they have an income need, and this entitlement is not based on payment of social insurance contributions. The maximum weekly rate is €232, i.e. over 95% of the maximum contributory pension rate. While it is means-tested, there are very significant disregards which are to the benefit of claimants, and a significant majority of such pensioners are paid at the full rate.

I hope this clarifies the matter for the Deputy.

Money Advice and Budgeting Service

Questions (47)

John Brady

Question:

47. Deputy John Brady asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the concerns held by those in Money Advice and Budgeting Services and Citizens Information Services regarding the restructuring process underway by the CIB; and if she will make a statement on the matter. [19261/18]

View answer

Written answers

The executive of the Citizens Information Board (CIB) is implementing the decision of the Board of CIB to reorganise the governance arrangements of ninety three individual local company boards, comprising 42 Citizens Information Services (CIS) and 51 Money Advice and Budgeting Services (MABS), to a new regionally based sixteen company model, comprising eight CIS and eight MABS companies. As stated on previous occasions, I am satisfied that the Board of CIB, which made this important decision in February 2017, did so in the best interest of the citizens which it serves. The first phase of the implementation process completed on 16th April, 2018 has seen the establishment of 6 new companies - 3 CIS and 3 MABS, in North Leinster (comprising Longford, Louth, Meath, Westmeath and Kildare), South Munster (Cork and Kerry) and Dublin South.

All staff, assets and liabilities of the 38 local companies involved in this phase have transferred to the 6 new companies. Recruitment of Directors for these new regional companies is complete with approximately half of the positions being filled by applicants who served as local company board members. There has been no change to service delivery points, no reduction in staffing, nor has there been any diminution of services for clients.

CIB welcomes the interest expressed in the new roles within the regional structure by existing volunteer board members and existing staff. It is the view of CIB that the level of interest shown demonstrates support and commitment to the further development of CIS and MABS services for the citizens who rely on them.

CIB has also informed me that both UNITE and SIPTU unions have confirmed that their members in both MABS and CIS companies have voted in favour of the transfer in a recent ballot.

The remaining 55 companies will transfer into the 5 new CIS and 5 new MABS Companies as they are established and it is envisaged that the next phase of transfer will be completed before the end of 2018.

CIB will continue to provide the necessary information and support to each of the local companies and their Chairpersons and Boards throughout the transition process.

I hope this clarifies the matter for the Deputy.

Labour Activation Programmes

Questions (48)

Niamh Smyth

Question:

48. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection if a person has a right to refuse a place on JobPath in favour of a place on a community employment scheme; if there is a legal or statutory impediment that prevents a person from deciding to opt for a community employment scheme over a place on JobPath; and if she will make a statement on the matter. [18668/18]

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Written answers

The primary goal of my Department’s activation services is to move people from full-time and part-time unemployment to full-time and sustained employment. A jobseeker that already has an offer of a placement on a Community Employment Scheme (CE) or Tús when they are referred to the JobPath service will be facilitated to take up the offer.

I recently announced that customers of my Department who are currently engaged with the JobPath service and those who may be referred in future will from 1st June have the option of applying for CE and Tús placement while continuing to engage with JobPath. This will ensure that jobseekers can benefit from the job-seeking support of JobPath while also availing of a part-time work placement provided by Tús, or a quality training and development opportunity provided by a CE scheme. This will facilitate the combination of the strengths of the two programmes - by enabling those people with JobPath service who also avail of a Tús or CE placement to benefit from the job-seeking support of their JobPath personal advisor while also availing of a part-time work placement provided by Tús, or a quality training and development opportunity provided by a CE scheme.

This will have a number of benefits both for the vital services provided at a local level by participants on CE and Tús programmes and directly for the Department’s customers.

From a labour market activation policy perspective the implementation of this option is timely given the significant improvement in the labour market and the requirement to ensure that those people who are long-term unemployed continue to be case-managed having commenced on a labour market activation programme such as CE/ Tús.

I trust this clarifies matters for the Deputy.

Defined Benefit Pension Schemes

Questions (49)

Willie O'Dea

Question:

49. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection her plans to address issues in defined benefit pension schemes; and if she will make a statement on the matter. [19177/18]

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Written answers

The Roadmap for Pensions Reform, which was recently published by the Government, details specific measures that will modernise our pension system. It sets out under Strand 4, ‘Measures to Support the Operation of Defined Benefit Schemes’, that the Government is committed to advancing the Social Welfare, Pensions and Civil Registration Bill 2017. The General Scheme of the Bill was published in May 2017 and contained a number of key measures relating to Defined Benefit (DB) pension schemes. The measures will act to support existing provisions in the Pensions Act and will provide for further protection for scheme members’ benefits and enhance employer responsibilities for their schemes. The intent of these amendments is to find a middle road between the current position where employers can abandon DB schemes at short notice without fulfilling their obligations and measures which would put a full and immediate debt on employer for schemes they sponsor.

The amendments will provide for a 12 month notification period where an employer is seeking to cease making contributions to a scheme and this will ensure that an employer cannot “walk away” at short notice from the pension scheme it is supporting. The provisions will also provide that, where a scheme is in deficit and a funding proposal has not been put in place in a timely manner, the Pensions Authority may direct steps to be taken to ensure that the scheme meets the funding standard.

These provisions are quite technical and complex. Work to finalise them is at an advanced stage and I hope to be in position to bring forward the amendments at Committee Stage at the end of May or early June. With the cooperation of the Oireachtas the Government intends to pass this legislation before the summer recess.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Waiting Times

Questions (50)

Willie O'Dea

Question:

50. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection her plans to address social welfare appeals processing times; and if she will make a statement on the matter. [19174/18]

View answer

Written answers

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.

All claim decisions taken by the Department’s deciding officers are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded and just 1% are appealed. Nevertheless, the Department is concerned that these cases are dealt with as quickly as possible.

Accordingly, significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times improved between 2011 and 2017 from 52.5 weeks for an oral hearing in 2011 to 26.4 weeks in 2017 and from 25.1 weeks for a summary decision in 2011 to 19.8 weeks in 2017. The most recent figures for March 2018 are 28.4 weeks for an oral hearing and 24.4 weeks for a summary decision.

The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with appeal officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the higher courts and decisions have to be formally written up to quasi-judicial standards.

Other factors that influence appeals processing times include the quality of the initial decision – in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. I expect that this will help to reduce the number of appeals over time.

In addition, a number of new appeals officers have joined the appeals office over the past year, to replace staff leaving on retirement. Given the complexity of the appeals process it takes some time for new staff to be trained up and develop expertise. This changeover in staff has led to a slightly longer time to conclude appeals in 2017 and so far in 2018. However, the Chief Appeals Officer has advised that she is hopeful that processing times will improve over the course of 2018.

Finally, it should be noted that an appellant can claim supplementary welfare allowance pending the outcome of their appeal and that any favourable decisions are backdated to the original date of the claim.

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