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Tuesday, 12 Jun 2018

Written Answers Nos. 1241-1257

Social Welfare Offices

Questions (1241)

Tony McLoughlin

Question:

1241. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection if she will request the management of the social protection office in Summerhill, County Sligo, to enforce new measures whereby members of its workforce are not allowed to park in the Summerhill village and circular road area in view of the fact that this ongoing problem is causing the residents of the estate many problems with accessing their homes; and if she will make a statement on the matter. [24909/18]

View answer

Written answers

This is a public road and there are currently no parking restrictions on that part of the road in question. Notwithstanding this, however, and on foot of concerns expressed by the local residents association who recently met with local management, a notice has issued to all staff highlighting the concerns and requesting that staff only use the Department’s car parking facilities. There has been a very good response from staff to this request and local management will keep the situation under review.

I hope this clarifies the matter for the Deputy.

Pension Provisions

Questions (1242, 1243)

Darragh O'Brien

Question:

1242. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection her plans to establish an independent review group within her Department to assess the level and impact of cuts suffered by all categories of members in a pension scheme (details supplied) due to changes in legislation and in particular the Social Welfare and Pensions Act 2014 and subsequent reductions in members benefits; and if she will make a statement on the matter. [24940/18]

View answer

Darragh O'Brien

Question:

1243. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection her plans to consider in the preparation of budget 2019 specific measures targeted at members of a pension scheme (details supplied) to reduce the impact of cuts to their pension benefits; and if she will make a statement on the matter. [24945/18]

View answer

Written answers

I propose to take Questions Nos. 1242 and 1243 together.

The Deputy will appreciate that I cannot intervene in the pension arrangements applying to a particular pension scheme or introduce any measures which would benefit the members of a particular pension scheme to the exclusion of members of similar pension schemes.

While I am very conscious that any reduction in benefits can have a significant impact on scheme members, any such consideration is a matter for the pension scheme trustee, the companies participating in the scheme, the scheme members and the Pensions Authority.

As the Deputy is aware the scheme in question is now the subject of legal proceedings. Therefore, it would be inappropriate for me to comment any further on the matter.

I hope this clarifies the matter for the Deputy.

Community Employment Schemes Supervisors

Questions (1244)

Mary Butler

Question:

1244. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection the progress made on a number of issues which have recently been raised with her officials with regard to community employment supervisors agreements and working conditions; and if she will make a statement on the matter. [24976/18]

View answer

Written answers

Community Employment (CE) scheme supervisors are employees of private companies in the community and voluntary sector that receive public funding. My Department is not the employer of the supervisors and such employees are not public servants.

The issue of addressing the entitlement of CE supervisors to an occupational pension is primarily a matter for the Department of Public Expenditure and Reform. A Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform is currently examining this issue. My Department is represented on this group, as are the unions, Pobal and other relevant Government Departments.

I am very conscious that any solution to this issue will require careful consideration and should have regard to all Community and Voluntary Sector employees and the implications for scarce Exchequer resources, particularly in light of the large size of the Community and Voluntary sector in Ireland.

I trust this clarifies the matter for the Deputy.

Question No. 1245 answered with Question No. 1200.

Disability Allowance Payments

Questions (1246)

Michael Healy-Rae

Question:

1246. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection when arrears relating to a disability allowance for a person (details supplied) will issue; and if she will make a statement on the matter. [25004/18]

View answer

Written answers

The person concerned has been in receipt of disability allowance (DA) since 9 August 2000 with the exception of periods on FAS training when the DA payment was stopped. Since 5 October 2016 this lady has been employed and assessed with means of €42.50 weekly from her employment.

The person concerned submitted letters on 4 April 2018 and 31 May 2018 requesting that DA refund her for individual days that she was not paid from her employer.

When assessing Means for Disability Allowance we have to establish an acceptable average pattern of earnings which takes account of fluctuations in earnings over a period of time as DA is a long term scheme and it is not feasible to adjust a customer’s rate week by week.

We have contacted this lady and requested the information required in order to carry out a review of her entitlements.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Questions (1247)

Jack Chambers

Question:

1247. Deputy Jack Chambers asked the Minister for Employment Affairs and Social Protection if a matter regarding changes to pension calculations and age of eligibility for a pension (details supplied) will be addressed; and if she will make a statement on the matter. [25011/18]

View answer

Written answers

The Government intends to introduce a Total Contributions Approach (TCA) to establishing level of entitlement for the contributory state pension from 2020 onwards. However, notwithstanding various inaccurate media reports, the criteria required for a full pension under that new approach have not yet been determined and are currently subject to a public consultation which I launched on 28 May last. These final details will not be decided upon until I have considered the submissions received in this process. This public consultation is available on my Department’s website and I would encourage all interested stakeholders to contribute to the survey there.

As with the current Yearly Average approach, the new TCA will allow credited contributions for periods of jobseeking and illness, when signing for benefits.

Finally, as provided for in the Social Welfare and Pensions Act 2011, the State pension age will be increased in phases to 67 in 2021 and to 68 in 2028.

I hope this clarifies the matter for the Deputy.

Illness Benefit Eligibility

Questions (1248)

Bernard Durkan

Question:

1248. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the level of support available to a person (details supplied); and if she will make a statement on the matter. [25013/18]

View answer

Written answers

Illness Benefit is a short term scheme intended for persons who are unable to work due to illness or injury. It is paid while the incapacitated person remains unable to work and continues to meet the conditions set out in the scheme. There is, however, a maximum payment period of two years after which payment will cease.

The person concerned applied to my Department for Illness Benefit from 20 March 2018 and was paid from 27 March 2018 to 3 April 2018 when a final medical certificate was received. She made a further claim for Illness Benefit from 4 May 2018 and this claim is in payment from 11 May 2018 at a weekly rate of €198.00.

I hope this clarifies the matter for the Deputy.

Household Benefits Scheme

Questions (1249)

Brendan Smith

Question:

1249. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection if the income limits for the household benefits package and the fuel allowance automatically increase in line with increases in the State pension (contributory) only; if they also increase in line with the State pension (non-contributory) or other primary social welfare payments; and if she will make a statement on the matter. [25088/18]

View answer

Written answers

The Free Fuel allowance is based upon a means-test. Household Benefits may be too, depending on a person’s circumstances. In both cases, the threshold is the rate of the State pension (contributory) plus €100. Currently this amounts to €343.30.

As the income limit for the means test is based on the rate of the State pension (contributory), any Budgetary increases in the rates of payment automatically increases the income limits.

I hope this clarifies the matter for the Deputy.

Disability Allowance Data

Questions (1250)

Michael McGrath

Question:

1250. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection if she will address a matter raised in correspondence (details supplied) regarding disability allowance; and if she will make a statement on the matter. [25138/18]

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.

Commencement of Legislation

Questions (1251)

Mattie McGrath

Question:

1251. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection the sections and parts of all legislation brought forward by her Department in each of the past four years that have yet to be commenced; and if she will make a statement on the matter. [25177/18]

View answer

Written answers

My Department is responsible for the legislation underpinning the social welfare code, occupational and private pensions, civil registration and gender recognition, redundancy and employer’s insolvency, employment rights and the Citizens Information Board / Comhairle.

Two provisions from 2014 which amended the Social Welfare Consolidation Act 2005 have yet to be commenced. In addition, several provisions of the Civil Registration (Amendment) Act 2014 have yet to be commenced.

Details of these provisions are set out in the following tables.

There are no provisions from 2015 to 2018 that are not yet commenced. Also there are no provisions from any other legislation for which my Department is responsible that are not yet commenced.

Social Welfare & Pensions Acts

Uncommenced Provision

Description

Status

Social Welfare and Pensions Act 2014

- Section 9

- Section 10

Clarifies the provisions contained in Part 6 of the Social Welfare Consolidation Act (SWCA) 2005 in relation to entitlement to family income supplement (FIS) in cases where the claimant is living apart from his or her spouse or civil partner and children.

Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to FIS during the 52 week entitlement period and on the weekly rate of FIS payable during that period.

It is expected that the provisions of sections 9 and 10 will be commenced in due course.

Civil Registration (Amendment) Act 2014

Uncommenced Provision

Description

Status

- Section 5

- Section 6

- Section 7

- Section 8

Provides that a person who is a qualified informant must produce to the registrar any evidence, including documentary evidence relating to a birth as requested by the registrar. The section also provides that a Superintendent Registrar may complete the registration of a birth where, in exceptional circumstances, a qualified informant has not signed the register to allow completion of the registration. Under this section a child who has attained the age of 18 years may be considered as a qualified informant in relation to the registration or re-registration of their own birth entry.

This section amends section 22 of the Civil Registration Act 2004 and contains a number of amendments relating to the registration of the father’s name where the parents are not married.

Provides for the re-registration of a birth and contains a number of amendments to section 23 of the 2004 Act.

Amends the 2004 Act by the insertion of a new section which provides for the re-registration of a birth of a child, where the parents were not married on the date of the birth, on foot of a court order.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

- Section 9

- Section 11

- Section 12

- Section 13

- Section 15(a)

- Section 19(1)

- Section 21(a)

- Section 22

- Section 26(1)

- Section 27(a) & (c)

- Section 28

- Section 29(a)

- Section 29(c)

- Section 30(a)

- Section 31

- Section 32

- Section 33

- Section 34

Provides for the amendment of the 2004 Act by insertion of a new section 25A which provides that where the parents of the child cannot agree on a surname that the registrar may complete the registration by leaving the surname blank or in cases where a surname is already registered, that the existing surname shall remain.

Amends section 37 of the 2004 Act to extend the definition of a qualified informant of a death.

Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred.

Provides for a record of deaths of Irish citizens who die abroad who were ordinarily resident within the state within 5 years prior to their death.

Amends section 46 of the 2004 Act.

Provides for the recognition of certain marriages carried out at foreign embassies in the State.

Amends section 59B of the 2004 Act.

Amends section 59C of the 2004 Act.

Provides for the recognition of certain civil partnership ceremonies carried out at foreign embassies in the State.

Provides for reduced cost certs where required to be produced to prove age, civil status or death.

Amends section 64 of the 2004 Act providing for the cancellation of entries in the registers.

Deletes reference to consultation with the Minister for Social and Family Affairs in section 66 of the 2004 Act.

Provides for sharing of information with the Road Safety Authority.

Provides that the Minister may make Regulations prescribing a lesser fee for life event certificates where required for official purposes.

Amends section 68 of the 2004 Act consequential to sections 5, 6, 7, 8 and 11 of the 2014 Act.

Adds to the list of offences consequential to amendments made by the 2014 Act.

Adds to the list of penalties consequential to amendments made by the 2014 Act.

Amends the First Schedule of the 2004 Act by deleting “Age next birthday”.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Superseded by the enactment of the Marriage Act 2015.

Superseded by the enactment of the Marriage Act 2015.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Not commenced until further consultation.

Pending further clarification of Data Protection issues.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Free Travel Scheme Data

Questions (1252)

Thomas P. Broughan

Question:

1252. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection the estimated full year cost of increasing the budget for the free travel scheme in 2019 by 10%, 12% and 15%, respectively; and if she will make a statement on the matter. [25246/18]

View answer

Written answers

Based on an expenditure of €90 million on the Free Travel Scheme in 2018 the costings sought by the Deputy are detailed in the following table:

Increase

Cost

10%

€9m

12%

€10.8m

15%

€13.5m

These costs are on a full year basis.

Ministerial Meetings

Questions (1253)

Brendan Howlin

Question:

1253. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the representations made to her by the equine and related industries in the past 12 months seeking alterations to or derogation from the Organisation of Working Time Act 1997 and its associated regulations; the way in which she plans to respond to these representations; and if she will make a statement on the matter. [25364/18]

View answer

Written answers

As the Deputy is no doubt aware, the Organisation of Working Time Act 1997 (the OWTA) provides for statutory rights for employees in relation to work breaks and rest, maximum working time and holidays. The Act transposes the EU Working Time Directive – Directive 2003/88/EC. The purpose of the Directive is to establish minimum health and safety requirements for the organisation of working time for employees. The Directive provides for limited derogations from some of its provisions in certain circumstances. These derogations were, for the most part, transposed into national legislation via the OWTA.

Representations have been made to me from the Irish Racehorse Trainers Association, Horse Racing Ireland and from my colleague the Minister for Agriculture, Food and the Marine. The representations raised the issue of the applicability of the Working Time Directive and the Act to the horse racing sector and in particular the derogations that may apply.

While the Directive sets down limits on the time that workers can work without rest breaks, it does allow some limited derogations from some of its provisions under certain circumstances. However, the Directive requires that the derogations in question are conditional on the employee receiving ‘equivalent compensatory rest’. This means that the employee’s statutory rest breaks may be postponed to a later time but they must be given to the employee as soon as possible thereafter and within a reasonable period of time.

The Labour Court, in a determination earlier this year, found in one particular case that an employer in the horse racing industry was not entitled to avail of certain derogations from the working time legislation. I am aware of the concern that exists in the horse racing industry arising from the Labour Court ruling. I appreciate that the working time rules present particular challenges for the industry. However, as Minister with responsibility for employments rights policy, I am equally conscious of the need to protect the health and safety of employees.

In response to the representations made to me, I obtained the legal advice of the Attorney General as to what options, if any, might be available to me to clarify the derogations available under the Directive in relation to the horse racing sector. I have also met with representatives of employers in the sector as well as representatives of employees and heard their views on the particular characteristics of the industry in the context of the working time legislation. My officials have met with officials of the Department of Agriculture Food and the Marine and they are continuing to engage with them on the issue.

I am currently considering the Attorney General’s advice and the views of the various parties involved in this sensitive and complex matter. My aim is to ensure that employers have the flexibilities they need to run successful and employment-rich businesses, within the derogations permitted by the Directive as interpreted by the Court of Justice of the European Union, and that the employees have quality jobs where their employment rights are fully protected.

It is important to note that an appeal against the Labour Court ruling is pending before the Circuit Court. I am very conscious of the need to avoid taking any action that might be seen to interfere in the judicial domain. Therefore, it would be inappropriate for me to comment any further.

Departmental Programmes

Questions (1254, 1260)

Margaret Murphy O'Mahony

Question:

1254. Deputy Margaret Murphy O'Mahony asked the Minister for Employment Affairs and Social Protection the funding being provided to organisations (details supplied) under the Ability programme. [25382/18]

View answer

Margaret Murphy O'Mahony

Question:

1260. Deputy Margaret Murphy O'Mahony asked the Minister for Employment Affairs and Social Protection the number of applicants for funding under the Ability programme. [25464/18]

View answer

Written answers

I propose to take Questions Nos. 1254 and 1260 together.

Ability is a new, pre-activation programme for young people with disabilities (aged 15 - 29) designed to assist participants in their transition from school to further education and employment. This will be undertaken using person-centred, case management approaches that support participants to identify and follow progression pathways based on both their needs and their potential. The programme is being managed by Pobal on behalf of the Department, and it will be delivered by national, regional or local organisations from around the country that have experience of working with people with a disability.

I was happy to announce the Ability programme funding on 1 June. The programme seeks to support young people with disabilities, who are able to, and want to work, to navigate their individual transition period into employment and I welcome the roll out of the services to be provided by the various organisations over the next three years.

Ability will be funded under the ESF Programme for Employability, Inclusion and Learning (PEIL) operational programme, 2014-2020 (PEIL, 2014 – 20) and the Irish Exchequer. There has been a significant level of interest in the Ability programme, with 59 applications received. Initially it was expected that funding for the programme would amount to some €10 million over a three year period. However, given the quality of the proposals received, enhanced funding has been put in place of around €16 million to support all 27 projects based on the funding level recommended by Pobal. Non-project spending costs associated with management and evaluation of the programme will also arise.

I understand that Pobal have been in contact with the relevant organisations in order to make administrative arrangements. The information on funding amounts by organisation, as requested by the Deputy, is presented in tabular form.

Organisation

Funding recommendation

Ak Inspired Ability Company Limited By Guarantee

€531,176

Blossom Ireland Community Inclusion

€725,520

Central Remedial Clinic, CRC

€694,876

Cill Dara Ar Aghaidh Cuideachta Faoi Theorainn Rathaiochta

€264,421

Co Wexford Community Workshop (New Ross) Company Limited By Guarantee

€602,242

Cope Foundation

€614,044

Down Syndrome Ireland

€742,000

Dublin City University

€534,878

Dublin South City Partnership Company Limited By Guarantee

€650,583

Fingal Leader Partnership Company Limited By Guarantee

€230,500

Forum Connemara Company Limited By Guarantee

€724,583

I.W.A. Company Limited By Guarantee

€659,343

Ird Duhallow Company Limited By Guarantee

€749,905

Knockanrawley Resource Centre

€423,625

Limerick Youth Service

€514,776

Northside Partnership Company Limited By Guarantee

€730,000

Offaly Integrated Local Development Company Limited By Guarantee

€570,853

Peter Bradley Foundation Company Limited By Guarantee

€720,000

Roscommon Integrated Development Company Limited By Guarantee

€633,919

Specialisterne Ireland Company Limited By Guarantee

€688,900

St. Cronans Association Company Limited By Guarantee

€323,185

The Blanchardstown Area Partnership Company Limited By Guarantee

€560,277

Tipperary Regional Youth Service Company Limited By Guarantee

€493,845

Walkinstown Association for People with an Intellectual Disability Company Limited by Guarantee

€640,848

Walkinstown Green Social Enterprises Limited

€430,175

West Cork Development Partnership Company Limited By Guarantee

€565,093

Wexford Local Development

€596,123

I hope this clarifies the issue for the Deputy.

Pension Provisions

Questions (1255, 1256, 1257)

John Lahart

Question:

1255. Deputy John Lahart asked the Minister for Employment Affairs and Social Protection the efforts are being made to address issues in relation to a pension scheme (details supplied); and if she will make a statement on the matter. [25420/18]

View answer

John Lahart

Question:

1256. Deputy John Lahart asked the Minister for Employment Affairs and Social Protection her plans to meet the trustees of a pension scheme (details supplied) to discuss ongoing issues in relation to the scheme; and if she will make a statement on the matter. [25421/18]

View answer

John Lahart

Question:

1257. Deputy John Lahart asked the Minister for Employment Affairs and Social Protection her plans to secure the pensions of members of a pension scheme (details supplied); and if she will make a statement on the matter. [25422/18]

View answer

Written answers

I propose to take Questions Nos. 1255 to 1257, inclusive, together.

It is the responsibility of the employer to pay pension contributions on behalf of his/her employees to Pension Trustees. In the event that a company becomes insolvent and a liquidator or receiver is appointed over the company, claims for certain arrears of pension contributions can be submitted by the liquidator or receiver for payment under the Insolvency Payments Scheme.

The Insolvency Payments Scheme operates under the Protection of Employees (Employers’ Insolvency) Act 1984, as amended. The purpose of the insolvency payments scheme is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These include wages, holiday pay, sick pay, payment in lieu of minimum notice and certain pension contributions.

All such claims are subject to the conditions and limits laid out in the Protection of Employees (Employer’s Insolvency) Act, 1984 as amended.

Defined pension claims have been received in respect of some former employees of the company referred to by the Deputy. There are complex legal issues involved on which the Department is seeking legal advice. The matter is being kept under continuing review.

I hope this clarifies the matter for the Deputy.

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