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Tuesday, 12 Jun 2018

Written Answers Nos. 1220-1240

Community Employment Schemes Eligibility

Questions (1220)

Anne Rabbitte

Question:

1220. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection how a person who has worked 48 days out of 365 days and has actively sought work in a 12 month period is not eligible to participate on a community employment scheme (details supplied); and if she will make a statement on the matter. [24587/18]

View answer

Written answers

The aim of the Community Employment (CE) programme is to enhance the employability of the long-term unemployed and other specified disadvantaged groups by breaking the cycle of unemployment by providing a return to work routine. CE provides quality work experience and training opportunities for participants within their communities, thus improving a person’s chances of returning to the labour market.

CE is not designed to cater for short-term unemployed persons as they are not as far removed from the open labour market. However, breaks from the live register of up to 30 days (i.e. 30 worked days) are permissible within the 12 month CE qualifying period. This ensures that CE continues to respond to its primary target group of long-term unemployed clients and those most distant from the labour market. In circumstances where breaks off the live register exceed 30 days, as in the case referred to where this person has an established work routine, other interventions may be more appropriate. Further information on these is available in the local Intreo centres.

I trust this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (1221)

Michael Healy-Rae

Question:

1221. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will address a matter (details supplied) regarding financial assistance; and if she will make a statement on the matter. [24590/18]

View answer

Written answers

I can confirm that my department received an application for disability allowance (DA) from this gentleman on 1 May 2018.

On 30 May 2018 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on his eligibility. On receipt of this information a decision will be made on his DA application and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Programme for Government Implementation

Questions (1222)

Micheál Martin

Question:

1222. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection the status of the implementation of the programme for partnership Government as it applies to her Department; and if she will make a statement on the matter. [24609/18]

View answer

Written answers

The Programme for a Partnership Government includes a wide range of commitments which fall directly within the remit of my Department.

The updated status of these commitments is set out in the following table.

Commitment

Status

“ [to] increase Rent Supplement … by up to 15% taking account of geographic variations in market rents…. “

Increased rent limits were introduced on 1 July 2016. The limits were increased across the country, (by up to 30% in Dublin), in line with geographic variations of the rental market.

“ To protect low-income families in private rented accommodation and avoid further market rental inflation.. [to] expand access to the Tenancy Sustainment Protocol throughout the country. “

DEASP continues to provide provide flexibility in its administration of rent supplement to ensure that people can remain in their homes. DEASP also operates a protocol arrangement with Threshold in Dublin, Cork, Meath, Kildare, Wicklow and Galway City. These supports have assisted over 12,000 households with increased rental payments. DEASP is working with the Department of Housing, Planning and Local Government to support the transfer of long term rent supplement recipients to the Housing Assistance Payment (HAP).

“to introduce a PRSI scheme for the self-employed”

Entitlement to the Treatment Benefit scheme was extended to self-employed workers who pay PRSI at Class S from March 2017; while access to the Invalidity Pension scheme was extended to these workers with effect from 1 December 2017

“ to introduce a new ‘Working Family Payment’, targeted at low-income families.”

In the context of Budget 2018 it was decided to re-designate the Family Income Supplement (FIS) scheme as the Working Family Payment (WFP), which will bring it more visibility as a payment aimed specifically at working families. Budget 2018 also provided for a €10 weekly increase in the threshold for receipt of the Working Family Payment for families with up to three children, with effect from 29 March 2018. This will particularly benefit low-income working families. The effectiveness of the Working Family Payment is currently being reviewed, along with the effectiveness of other employment and income supports.

Other measures which were targeted at low-income families include a €20 weekly increase in the earnings disregard for the One Parent Family Payment and the Jobseekers’ Transitional Payment, from €110 to €130 per week. This is in addition to the €5 increase in the personal weekly rate of payment and the €2 per week increase in the qualified child payment. The Back to Work Family Dividend which was due to close to new applications in March 2018 has been retained. The payment value has increased to €31.80 per child in line with the increase in the payment for qualified children announced in Budget 2018.

“Reducing poverty levels by supporting an increase in the minimum wage to €10.50 per hour over the next 5 years. We will rely on the annual recommendations of the Low Pay Commission on the level of adjustment each year.”

In line with the recommendation from the Low Pay Commission, the national minimum wage was increased by 30 cent to €9.55 per hour from 1 January 2018.

The Government has also accepted a recommendation from the Low Pay Commission regarding the allowance provided for board and lodging, resulting in a change from a weekly/daily rate to an hourly figure. This measure is of benefit to those on the minimum wage who are working part-time hours and where board is provided by the employer.

“We will tackle the problems caused by the increased casualisation of work that prevents workers from being able to save or have any job security.”

“We will strengthen regulation on precarious work.”

On 2 May 2017 the Government approved the priority drafting of a Bill to address zero hour contracts, low hour contracts, banded hours and related matters.

The Employment (Miscellaneous Provisions) Bill was published on 7 December 2017. Second Stage of the Bill was completed in the Dáil on 15th February 2018. Committee Stage was completed on the 17th May 2018. Report Stage is expected to take place in the coming weeks.

“…Develop[ing] a new Integrated Framework for Social Inclusion, to tackle inequality and poverty.”

A public consultation process in relation to a new National Action Plan/Integrated framework for Social Inclusion commenced in February 2018. Consultation with other Ministers has also been undertaken. Publication of the new Plan is now envisaged in Q3 2018.

“… [to] publish a dedicated ‘Pathways to Work for Jobless Households’ to support jobless households into employment.”

The Action Plan on Jobless Households was published in August 2017 and aims, by 2020, to reduce the proportion of households that are jobless to 13% or less, and reduce the share of the 18-59 population resident in such households to less than 8%.

Progress has been made on implementing the plan. In particular, Budget 2018 increased financial supports for working families through increasing earnings disregards and thresholds on the Working Family Payment and the Jobseekers Transition Payment; extending the life of the Back to Work Family Dividend, which was due to close to new entrants in March 2018; and increasing the national minimum wage. A wide-ranging consultation process has been undertaken with people with disabilities, parents of children with disabilities, and sectoral representatives.

“…actively encourage payments at Post Offices. “

All DSP staff were advised of the PfG commitment and reminded that customer wishes should be facilitated where appropriate when they wish to receive their payment at the Post Office.

“the rollout and extension of the Personal Microcredit Scheme, which is providing simple microloans to members and helping to combat the use of moneylenders”

Over 6,000 people are currently making Personal Micro Credit loan repayments via An Post with an unknown additional number (estimated at approximately 10%) making repayments by direct debit or standing order.

To date, 107 Credit Unions at 254 locations are signed up to participate in the scheme.

Engagement is continuing with the Credit Union representative bodies and individual credit unions to encourage wider national coverage.

“… invest in new services and caseworkers to support jobseekers through the network of local Intreo offices..… support a regional approach to Intreo offices … review work activation and social welfare schemes to ensure that schemes do not contain anomalies that may impact unfairly on people in rural areas, including farmers.”

The Department’s 62 Intreo offices are located throughout the country and are managed on a regional basis. The Intreo network is managed by 10 regional managers at Principal Officer level who deliver services and supports in line with the needs of their particular region. (Positive changes relating to the Rural Social Scheme and the Farm Assist scheme are set out below.)

“… extend the Dental Treatment Benefit under the Social Insurance Fund to reimburse the cost of some routine dental treatments.”

The range of benefits available under the Treatment benefit scheme (dental and optical) was extended as announced in Budget 2017. The existing benefits were extended to self-employed contributors from 27 March 2017 and the optical scheme was restored in full from 28 October 2017; with a scale and polish or protracted periodontal treatment also reintroduced on the dental benefit scheme from 28 October 2017. The Department introduced a new system in October 2017 to support the administration of the scheme and also put in place a web portal (WelfarePartners) to support dentists, opticians and audiologists in transacting business (e.g. checking eligibility and submitting) online.

…” the Departments of Health and Social Protection [to] work together to pursue a “Fit for Work Programme” to support more people to get back to work if they have an illness or disability.”

DEASP and D/Health have identified “Healthy You: Early Intervention” as the working title of the programme to reflect widespread evidence that early intervention in a person’s illness or health condition through a range of services and supports can lead to positive health, employment and income results.

A working group has been established to promote a pilot project of early engagement with people with low back pain who are on sick leave from work, and develop a programme for health education and/or intervention with the aim of managing their condition/facilitating early recovery and return to work. The finer details of the pilot in terms of sample size, location, support services, resources and levels of intervention are currently being finalised.

“ …to introduce flexibility and support in the social welfare system for people with severe and enduring mental health difficulties to transition into employment by ensuring a seamless return of their entitlements should a particular employment opportunity prove unsuitable. …. [and] …address concerns surrounding the loss of secondary benefits, so that people are always better off in work.”

The Make Work Pay (MWP) report for People with Disabilities, published in April 2017, identified the need for flexibility in both the income support and the health (medical card) systems. This is particularly the case where a person with a disability takes up a job but that job does not work out. Anxiety in such circumstances can be particularly pronounced amongst those with mental health issues, given the episodic nature of such conditions. In line with a recommendation of the MWP report, a fast-track return to disability allowance protocol has been put in place. In addition to this initiative, people who are participating on the partial capacity benefit scheme may return to illness benefit or invalidity pension if they find that they cannot continue to work.

Most recently, the Department participated as a partner organisation in the Integrating Employment and Mental Health Service project, which ran between 2015 and 2017. The aim of this project was to demonstrate how existing employment services (specifically the EmployAbility service) could practice the Individual Placement and Support (IPS) model of supported employment for clients with severe and enduring mental health issues. An evaluation report, Steps into Work, was launched by on the 8th February 2018 and found that through improved integration between mental health services and employment support services, improvements can be achieved in the employment outcomes of people with mental health difficulties.

DEASP is now collaborating with the Department of Health and the HSE to extend the availability of IPS to all Mental Health Services in each Community Healthcare Organisation. This will see funding from the HSE Service Reform Fund (SRF) and funding from the HSE’s Clinical Programmes for 27.5 IPS employment specialists for a three year period.

“… consolidate all means testing under a single national body ensuring a single application process for services or entitlements across all government agencies.”

It is recognised that this would be a major project across a range of Government departments and agencies, including DEASP, that operate schemes and services on a means/income tested basis. Significant operational, legislative and technical challenges would be involved.

IT developments in the DEASP in recent years have allowed for the capture and storage of means data and the reuse of that data. Amongst the many potential benefits of this reuse are a reduced administrative burden on staff and customers through greater accuracy of information, a reduced need to repeatedly ask for the same information and the ability to make better-informed decisions regarding reviews.

“… an increase in the Disability Benefit and Allowance, Carer’s Benefit and Allowance, and Blind Person's Pension“ …. “increase the State Pension and the Living Alone Allowance above the rate of inflation.”

As announced in Budget 2018, the maximum rate of weekly social welfare payments - including State pensions, disability allowance and carer’s allowance - increased by €5 per week from end-March 2018. This builds on a similar increase in Budget 2017. There was also a €2 increase for each qualified dependent child, effective from end-March 2018, the first such increase since 2010.

“… support and expand supported employment opportunities and work with stakeholders to make supported employment more attractive to both prospective employers and employees.”

DEASP delivers assistance with the identification and take-up of supported employment opportunities for people with disabilities through its EmployAbility service. An evaluation of this service has been completed and a number of proposals to improve the operation of the service are currently being considered.

“… highlight incentives for employers to employ a person with a disability, roll out a national awareness campaign”

Information on supports available for the employment of persons with a disability are available on an ongoing basis at events taking place all over the country, including employer briefings. For instance, a Disability Awareness and Support event was recently held in Tralee, at which stakeholders engaged in the disability arena, including the National Learning Network (NLN) and Employability, provided information on services available including training, grants, equipment etc. The Education and Training Board was also in attendance. There were 400 visitors to the event which included clients with a disability, parents and carers.

The DEASP has recently completed a major consultation exercise with disability stakeholders following the recommendations of the Make Work Pay report and the issue of how best to engage with employers in order to improve employment opportunities for persons with disabilities will be further considered in light of that exercise. .

The mission outlined in the DEASP Employer Relations Strategy has broadened from 'to build effective relationships with employers with the aim of increasing recruitment activity and, in particular, “increasing placements into employment from the Live Register " to "increasing placement into employment of the Department’s clients" to reflect the inclusion of people with a disability. The Strategy also commits to fully integrate the provision of employer services within Intreo Centres.

“… fully protect the Free Travel pass for all pensioners.”

The Free Travel scheme is fully protected. An additional €10m is being invested in the scheme to encourage new operators into the scheme and to encourage a broadening of coverage in more remote parts of rural Ireland.

“…in recognition of the vital role of schemes such as the Rural Social Scheme, Community Employment Schemes, BTEA and Farm Assist in rural communities and in activating the unemployed, …to make suitable recommendations to strengthen provision in this area…”

Budget 2018 provides for 250 additional places on the Rural Social Scheme, increasing the number to 3,350 in 2018. The distribution of the additional 250 RSS places was announced on Friday 23 March 2018. The Implementing Bodies (Local Development Companies) have started recruitment for the places allocated.

“ Review … the Farm Assist Scheme, recognising the challenges facing farmers on low income.”

Budget 2017 introduced important changes to the Farm Assist scheme, which included assessing 70% of farm income (down from 100%) and re-introducing income disregards for children. Budget 2018 provided for a €5 increase in the rate of farm assist payable from 26th March, bringing the maximum personal rate of farm assist payable from €193 per week to €198 per week.

“… review the Fish Assist scheme in recognition of the irregular earning patterns of fishermen, in an effort to respond to difficult financial circumstances.”

The Budget 2017 improvements to the Farm Assist scheme were also applied to the Fish Assist scheme. Claimants of Fish Assist have also benefited from the increase of €5 per week since 26th March 2018.

“…. develop a system that fosters independence through retraining and employment …provide the resources to invest in services that protect the weakest and most vulnerable in our society from poverty and exclusion.”

The Action Plan for Jobless Households was published in September 2017. Budget 2018 implemented a number of the measures envisaged in relation to work incentives; a major consultation – with people with disabilities, their parents, and representative bodies -- on reforms to disability payments was launched in February 2018; pilot delivery of employment services to adult dependants of jobseekers’ claimants will commence in Q2 2018.

“…carry out an immediate review of the financial supports available to the unemployed or those returning to the education system to ensure the greatest possible uptake of continuing education by eliminating current barriers.”

DEASP has commissioned a study to explore the drivers of negative employment outcomes of participants on the Back to Education Allowance Scheme with a view to informing the scheme direction.

JobPath Programme

Questions (1223)

Paul Murphy

Question:

1223. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) was targeted for inclusion in the JobPath scheme run by a company; and if she will make a statement on the matter. [24652/18]

View answer

Written answers

As the Deputy will know the JobPath activation service is to help long term unemployed jobseekers to find sustainable full time work. Selection for referral to JobPath is by means of system based stratified random sampling; the objective being to ensure equity in selection and also that people referred to JobPath are a representative of the long-term cohort on the Live Register.

The duration of a person's jobseekers claim is recorded in terms of days of unemployment, any two such periods not separated by more than 52 weeks are considered to be the same continuous period of unemployment - this is known as linking the claims. Long-term jobseekers that may have left the live register to go into employment for less than a year are still considered to be long-term if they reopen their claim within that 52 week period which is the case for the customer concerned. The linking of claims allows the client to retain certain entitlements (for example no waiting days and other supplemental benefits) and they are also available for selection for activation services including JobPath.

For those people who are referred to the JobPath service after a short period of work, the support and assistance of their personal advisor will ensure that the skills and experience they have gained in the job are built on if necessary and that they are factored into all future job applications.

Supplementary Welfare Allowance Eligibility

Questions (1224)

Bernard Durkan

Question:

1224. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if supplementary welfare can be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [24681/18]

View answer

Written answers

The person concerned was awarded an interim payment of supplementary welfare allowance (SWA) following the withdrawal of widow’s pension payment on grounds of cohabitation. The SWA payment was awarded as an interim payment while the person concerned was awaiting a decision on an appeal against the disallowance of her pension and who was advised that a negative decision on the appeal would result in discontinuation of the SWA payment.

On 27/04/18 the Social Welfare Appeals Office advised the appellant of a decision upholding the disallowance of widow’s pension. The SWA payment was suspended on 10/05/18 in line with the outcome of this appeal.

If circumstances have changed, it is open to the person concerned to submit a new application for widow’s pension or supplementary welfare allowance. She should include all relevant documentation in support of her application.

I trust this clarifies the matter for the Deputy.

Social Welfare Schemes

Questions (1225)

Catherine Murphy

Question:

1225. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the status of a pilot scheme that was introduced for jobseeker’s allowance and benefit recipients whereby practitioners of certain arts would still be entitled to their social welfare payment for a certain amount of time as they attempt to build a career in the arts; the uptake of this scheme; and if she will make a statement on the matter. [24694/18]

View answer

Written answers

A pilot initiative to assist self-employed visual artists and writers who apply to my Department for jobseeker’s allowance was launched in June 2017. The initiative, which is a commitment under the Creative Ireland Programme, involved collaboration between my Department and what is now the Department of Culture, Heritage and the Gaeltacht, with the support and advice of the Arts Council. It was decided after a process of consultation that the initiative would apply to members of Visual Arts Ireland (VAI) and the Irish Writers Centre (IWC).

A key feature of the initiative is that it acknowledges the status of self-employed artists and writers and gives them a 12 month window to focus on building up their work before they become subject to labour market activation services provided by my Department. Naturally, there are safeguards in place to ensure that claimants are professional visual artists and writers and, in addition, applicants must satisfy all of the usual qualifying conditions for jobseeker’s allowance, including a means test.

There were 47 artists and writers on the scheme at the beginning of June. The figure of 47 does not imply that there are only 47 professional visual artists or writers in receipt of jobseeker’s allowance. It simply means that there are 47 recipients of the payment who are availing of the pilot arrangements and therefore they are not subject to the activation process for 12 months. Approximately 61 artists and writers have availed of the scheme to date.

The general population of jobseeker’s allowance recipients is not classified as to their occupation or profession so it is not possible to say how many writers or visual artists are in receipt of jobseekers allowance. The arrangements for the pilot scheme will be reviewed later this year.

Disability Allowance Data

Questions (1226)

John Brady

Question:

1226. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of disability allowance. [24746/18]

View answer

Written answers

The information requested by the Deputy in relation to the number of recipients in receipt of disability allowance (DA) is reported on a point in time basis. The number of persons in receipt of DA at the end of May 2018 was 136,460.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments Administration

Questions (1227)

Michael McGrath

Question:

1227. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 210 of 16 May 2018, the extent of receipts that must be retained; and the legislative reference providing for same. [24750/18]

View answer

Written answers

Social welfare legislation provides that where a person is medically certified as being unable to manage their own financial affairs, the Minister may appoint an agent who is responsible for collecting the person’s social welfare payment and acting on their behalf, with a duty to act in the best interests of the person. The agent may be a parent or other qualified person.

The appointed agent is responsible for ensuring that all payments received are used to the benefit of the person and in their best interest. They are also required, under the legislation, to keep a record of all transactions involving the monies received and produce these records when requested to do so by an officer of the Minister. All receipts should be retained for the duration of the agency arrangement.

The legislation governing the responsibilities of agents in such cases is contained in Article 202A of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (S.I. No. 142 of 2007).

I trust this clarifies the matter for the Deputy.

Disability Allowance

Questions (1228)

Catherine Murphy

Question:

1228. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if an anomaly (details supplied) regarding the exclusion of persons with disabilities from the artistic and cultural community will be reviewed; and if she will make a statement on the matter. [24751/18]

View answer

Written answers

Disability allowance (DA) is a means tested scheme and means are assessed in line with the provisions specified in the relevant social welfare legislation. In summary, any income, with some exceptions, belonging to the person is assessable as means for DA purposes.

Another condition for receipt of DA is that a person has an injury, disease or physical or mental disability that has continued (or may be expected to continue for at least one year) and that as a result of this disability, is substantially restricted in undertaking work that would otherwise be suitable for a person of his/her age, experience and qualifications.

The DA scheme is structured to encourage recipients to avail of opportunities to engage in rehabilitative work where this is appropriate, either in self-employment or in insurable employment. When an individual engages in rehabilitative work, they can avail of an income disregard of €120 per week, and 50% of earnings between €120 and €350 are also disregarded, for the purpose of the means test.

Where the DA recipient commences self-employment, we require them to indicate when they are starting and the type of work involved. We also request that they keep full records of their income and expenses from the date on which the self-employment commences. This is to ensure that the appropriate evidence is available to a deciding officer to calculate the average earnings over the period most appropriate, having regard to the circumstances of each case.

Approval must first be sought from my Department in order for the work to be considered as rehabilitative. The term ‘rehabilitative’ is not defined in legislation and is broadly interpreted in administrative practice as including appropriate work that would be regarded as good for the person and would be expected to result in more positive outcomes in symptom levels, self-esteem, quality of life and social functioning. In all cases the recipient must forward a letter from their own doctor indicating that the work is rehabilitative.

The Make Work Pay (MWP) report for people with disabilities, published in 2017, made a number of recommendations including that the requirement that work be of a ‘rehabilitative nature’ for the DA earnings disregard should be dispensed with. This would mean that a report from a doctor would no longer be required before commencing work and that the focus is on capacity rather than incapacity. Legislation is required to give effect to this change and is included in the Social Welfare, Pensions and Civil Registration Bill 2017.

I trust this clarifies the matter for the Deputy.

Employment Rights

Questions (1229)

Aindrias Moynihan

Question:

1229. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection her plans to examine legislation regarding statutory holiday entitlements (details supplied); and if she will make a statement on the matter. [24773/18]

View answer

Written answers

An employee’s entitlement to annual leave is set out in section 19 of the Organisation of Working Time Act 1997 (the 1997 Act). Section 19 transposed Article 7 of the original EU Working Time Directive (93/104/EC) – now consolidated by Directive 2003/88/EC. Under section 19 of the 1997 Act, an employee acquires an entitlement to 4 weeks’ annual leave if he or she works at least 1,365 hours in a leave year, or one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).

The 1997 Act also provides for 9 public holidays in addition to the statutory annual leave entitlements.

Any annual leave entitlements in the contract of employment over and above the statutory minimum will be a matter for negotiation between the employer and employee.

As the legislation on annual leave emanates from an EU Directive, national legislation on annual leave will be affected by rulings of the Court of Justice of the European Union (CJEU) in cases taken under the EU Working Time Directive. Some of the most significant of these CJEU rulings relate to the accrual of annual leave entitlement during sick leave. These rulings were formally transposed into Irish law by section 86(1) of the Workplace Relations Act 2015 which amended the annual leave provisions in the 1997 Act. The amendments to the 1997 Act provided as follows:

- Employees accrue statutory annual leave entitlement while on certified sick leave.

- An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months.

- On termination of employment, payment in lieu of untaken accrued annual leave will apply to leave which was untaken as a result of illness in circumstances where the employee leaves the employment within a period of 15 months following the end of the leave year during which the statutory leave entitlement accrued.

I will continue to monitor any developments at EU level in relation to annual leave entitlements. For the time being, I have no plans to increase the current statutory entitlement, which is, as I have said, a minimum level of leave above which employers and employees are free to agree better terms.

It is worth my pointing out, for information, that the Workplace Relations Commission (WRC) provides general information on employment, equality and industrial relations legislation, through the Workplace Relations Information and Customer Service Unit which can be contacted at Lo-call: 1890 80 80 90 or 059-9178990 or via its website www.workplacerelations.ie.

Disability Allowance Eligibility

Questions (1230)

Bernard Durkan

Question:

1230. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the eligibility for a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [24783/18]

View answer

Written answers

Disability Allowance is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

A completed application form for disability allowance must be submitted to the Department in order to have eligibility checked and a formal decision made on entitlement. To date no application for disability allowance has been received.

I trust this clarifies the matter for the Deputy.

Public Services Card

Questions (1231)

Catherine Murphy

Question:

1231. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the consequences or processes that are followed when persons cannot attend an appointment for a PSC when invited to do so by her Department due to medical reasons; and if she will make a statement on the matter. [24786/18]

View answer

Written answers

The Department has a variety of arrangements in place to ensure that citizens can SAFE register and obtain a Public Services Card (PSC), irrespective of their location or place of residence. As at 30 April 2018, the number of Departmental customers in payment with a PSC was 1.63 million persons.

The majority of these SAFE registrations are through attendance in person at the local INTREO Centre or Social Welfare Branch Office. Customers may be invited to attend, or can make contact themselves to arrange an appointment or make an appointment online. There are over 100 SAFE registration locations nationally. It is the intention that, in due course, registration would be available at all departmental locations.

Arrangements are also in place for other persons, mainly pensioners in receipt of payments at Post Offices, who can complete SAFE registration and access a PSC by postal methods. Customers who fulfil the relevant criteria are written to offering this option. This procedure provides a more convenient method of registration for these individuals. Over 300,000 customers have availed of this option. If the Deputy is aware of a particular case which might fulfil the relevant criteria in regard to this option, I will ask my officials to make contact with the individual concerned.

Having regard to mobile SAFE registrations, these are carried out specifically on request and usually at community/group settings to register customers unable to attend in person at DEASP locations due to mobility, disability or incapacity challenges.

The primary legislative provisions for SAFE registration and identity verification are set out in the Social Welfare Consolidation Act, 2005 (as amended). The legislation requires a person to satisfy the Department as to their identity and ultimately allows for disallowance or disqualification from receipt of a benefit in the event that it is not done.

The Department makes it clear to customers in receipt of social welfare payments or Free Travel entitlements that they need to complete a SAFE 2 registration to access, or continue to access, payments and entitlements.

The Department also issues reminder letters to customers, as required. Customers may also book a different time/date to suit them, either online via www.mywelfare.ie, by contacting the Department’s offices, or by walking in to ask for the next available appointment.

In this context, I want to make it clear that customers who face bona fide challenges to in-person attendance will not be disadvantaged, in terms of access to or eligibility for payments and/or availing of Free Travel entitlements.

The decision to stop a payment is never made lightly and the Department will consider all elements of eligibility to that particular payment or entitlement. However, where a customer does not satisfy the Department in relation to identity in line with legislative requirements, a payment can be disqualified. In advance of any such disqualification, the Department makes every effort to engage with the customer to explain the process and the consequences of potential disqualification.

I hope this clarifies the matter for the Deputy.

Services for People with Disabilities

Questions (1232)

Pat Buckley

Question:

1232. Deputy Pat Buckley asked the Minister for Employment Affairs and Social Protection the services available to assist young adults with a disability such as a person (details supplied) who had been availing of school transport accessing their continuing education as before; and if she will make a statement on the matter. [24815/18]

View answer

Written answers

Disability Allowance is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical examination, a means test and habitual residency conditions.

All DA recipients are eligible for the Free Travel Pass, which entitles the bearer to free travel on public transport in Ireland (and certain private services). A companion pass may also be applied for if it is required. The Free Travel Pass is also available to those in receipt of Carer’s Allowance recipients. The first and second named in the above question are in receipt of this benefit.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Eligibility

Questions (1233)

Bernard Durkan

Question:

1233. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the eligibility for a carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [24836/18]

View answer

Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a person who has such a disability that they require that level of care.

My department has to date not received an application from the person concerned for CA. If they wish to make an application, they should complete and return the application form (CR1) that I have arranged to have issued to them.

Only on receipt of a fully completed application form can their entitlement be determined.

I hope this clarifies the matter for the Deputy.

Carer's Benefit Applications

Questions (1234)

Bernard Durkan

Question:

1234. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for carer's benefit in the case of a person (details supplied); the reason for delays in reaching a decision; when the application is likely to be concluded; and if she will make a statement on the matter. [24849/18]

View answer

Written answers

Carer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a person(s) in need of full-time care and attention.

An application for CARB was received from the person concerned on 10 May 2018.

The application was awarded to the person concerned on 6 June 2018 and the first payment will issue to her nominated bank account on 14 June 2018.

Arrears of allowance due from 8 March 2018 to 13 June 2018 will also issue.

The person concerned was notified on 6 June 2018 of this decision.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Appeals

Questions (1235)

Michael Healy-Rae

Question:

1235. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal for an invalidity pension by a person (details supplied); and if she will make a statement on the matter. [24867/18]

View answer

Written answers

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

The department received a claim for IP for this lady on 14 November 2017. She was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on 09 January 2018 of this decision, the reasons for it and of her right of review or appeal.

She requested a review and lodged an appeal of this decision and submitted further medical evidence in support of her request. Following a review of all the information available it has been decided that there is no change to the original decision and a submission has been prepared by the department and forwarded to the SWAO for determination. The SWAO will be in touch with her directly in relation to the progress of her appeal.

I hope this clarifies the matter for the Deputy.

Pensions Legislation

Questions (1236)

Tony McLoughlin

Question:

1236. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection the status of efforts being made to ensure that an association (details supplied) is given an opportunity to represent its members in a way it views is sufficient; if section 50 of the Pensions Act 1990 will be amended in this regard; and if she will make a statement on the matter. [24876/18]

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Written answers

The governance of an individual pension scheme is generally a matter for the scheme trustees. Scheme trustees have duties and responsibilities under trust law, under other relevant legislation and under the Pensions Act 1990, as amended. The duties of pension scheme trustees include administering the trust in accordance with the law and the terms of the trust deed and rules. It is important to note that pension scheme trustees have no function in negotiating improved benefits and entitlements for members under a pension scheme. Consequently any decisions made by corporate or individual trustees of an occupational pension scheme are governed by the relevant legislation. The provisions of the Pensions Act are enforced through the supervision of the Pensions Authority. The Pensions Authority makes information available on its website to assist members, employers and trustees understand the procedures for member participation in the selection of trustees.

If the funding of a pension scheme is not sufficient to satisfy the Funding Standard, the trustees may apply to the Pensions Authority for a direction under section 50 of the Pensions Act 1990. Under such an order, accrued benefits relating to members’ past service can be reduced. Prior to making an application to the Pensions Authority, trustees must have undertaken a comprehensive review of the scheme with a view to the long term stability and sustainability of the scheme. Before making an application for a section 50 direction, the trustees must notify in writing, all members of the scheme and any other person in receipt of benefits under the scheme, and also notify any authorised trade union representing members, or any representative group that meets certain requirements, of the proposed reductions. This notification must include the circumstances of the Section 50 application, and the proposed reductions, including general illustrations of their effect. It is important to note that all pension scheme members, not just pensioners, have one month to make written observations to trustees on proposed section 50 applications to the Pensions Authority. Trustees must consider these observations before making an application to the Pensions Authority.

The provisions in section 50 of the Pensions Act have been reviewed on a number of occasions in recent years. Changes to this section of the Act were made in 2009 and again in 2013. The Social Welfare and Pensions Act 2013 amended section 50 of the Act to broaden the options available to the trustees of a pension scheme when considering a restructure of scheme benefits. These changes were designed to spread the risk of scheme underfunding across all scheme members and beneficiaries in any consideration of an application by the trustees of the scheme to restructure scheme benefits. It is a matter for the trustees of a scheme, who are required under trust law to act in the best interests of all scheme members, to determine how the provisions in section 50 of the Act might be applied.

Officials of my Department and I have met with association concerned and have explained how it is a legal requirement under the Pensions Act 1990, as amended, that trustees must act in the best interests of all scheme members whether active, deferred, or retired. We have also explained that if any individual has evidence that pension scheme trustees are not acting in the best interests of all members they should complain to the scheme trustees in the first instance. If the complainant is not satisfied with the trustees’ reply they should raise their concerns with the Pensions Authority.

I believe that current legislation allows for the best interests of all pension scheme members to be taken into account by pension scheme trustees. Therefore I currently have no plans to amend the Pensions Act in this regard.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (1237)

Seán Sherlock

Question:

1237. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection the position regarding a carer's allowance for a person (details supplied). [24877/18]

View answer

Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a person who has such a disability that they require that level of care.

My department has not to date received an application from the person concerned for CA. If they wish to make an application, they should complete and return the application form (CR1) that I have arranged to have issued to them.

Only on receipt of a fully completed application form can their entitlement to CA be determined.

I hope this clarifies the matter for the Deputy.

JobPath Programme

Questions (1238)

Richard Boyd Barrett

Question:

1238. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; the reason the person is being pressurised to engage with a JobPath scheme; and if she will make a statement on the matter. [24881/18]

View answer

Written answers

The primary goal of the Department’s activation services is to move people from unemployment to full-time and sustained employment. All jobseekers are required to engage with the Department’s activation service and this obligation applies irrespective of whether the service is provided by the Department’s own case officers or those advisors employed by external contractors such as the JobPath providers.

In relation to the individual circumstance that the Deputy has raised it is the case, as it is for all jobseekers pursuing part-time educational courses including Springboard, that they must satisfy the condition of being available for and genuinely seeking employment and must engage with any activation service to which they are referred. All activities and scheduled meetings organised by the activation service including the JobPath service will be arranged to allow the jobseekers to meet their course commitments.

It is not, as the Deputy suggests, a matter of any individual being pressurised but ensuring that all jobseekers are offered an activation service. People engaged with the JobPath service receive intensive individual support to help overcome barriers on their journey back to full-time sustainable work, including self-employment.

Any jobseeker with the JobPath service who wishes to start their own business is eligible to apply for a Back to Work Enterprise Allowance (BTWEA); they will be advised by their personal advisor to contact their local Intreo centre where additional related support and advice is available from an Intreo Case Officer and the local development company if appropriate. Any jobseeker that has their application for BTWEA awarded will be withdrawn from the JobPath programme.

For people who do not qualify for the BTWEA, the JobPath companies may provide the relevant support and training either in house or with an external training provider, to assist the jobseeker in growing their business.

I trust this clarifies the matter for the Deputy.

Commencement of Legislation

Questions (1239, 1240)

Niall Collins

Question:

1239. Deputy Niall Collins asked the Minister for Employment Affairs and Social Protection when section 22(3C) of Civil Registration Act 2004 as inserted by section 6(e) of the Civil Registration Act 2014 and-or other relevant legislation will be commenced to empower civil registrars to put into operation a provision in force since January 2016 ending the presumption in law that a woman’s husband is the father of the child if the child is born more than ten months after they separated. [24896/18]

View answer

Róisín Shortall

Question:

1240. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection when section 22(3C) of Civil Registration Act 2004 as inserted by section 6(e) of the Civil Registration Act 2014 and-or other relevant legislation will be commenced to empower civil registrars to put into operation a provision in force since January 2016 ending the presumption in law that a woman’s husband is the father of the child if the child is born more than ten months after they separated; and if she will make a statement on the matter. [24899/18]

View answer

Written answers

I propose to take Questions Nos. 1239 and 1240 together.

Section 22(3C) of Civil Registration Act 2004 (as inserted by section 6(e) of the Civil Registration Act 2014) provides for registration of a father’s name, other than that of the husband, where the mother is married and has been living apart from her husband during the period of 10 months ending immediately before the birth of the child, and a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage, or a deed of separation, has not been granted by a court.

Certain provisions of the Civil Registration (Amendment) Act 2014, such as those relating to marriages of convenience, were commenced in August of 2015. However, a number of the sections of the Act, including section 6(e), have yet to be commenced pending the roll-out of training to staff of the Civil Registration Service who are employees of the HSE. The General Register Office is in a position to begin provision of training as soon as the HSE notifies it of the dates and venues.

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