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Thursday, 5 Jul 2018

Written Answers Nos. 340-353

Civil Marriages

Questions (340)

Bernard Durkan

Question:

340. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the procedure to be followed by a person (details supplied) who has been informed that their civil marriage cannot take place on the grounds that their previous religious marriage is not recognised here; if in such circumstances the previous marriage can be disregarded; and if she will make a statement on the matter. [30019/18]

View answer

Written answers

I refer the Deputy to an earlier reply on this issue, concerning the validity of marriages conducted in other jurisdictions [14 June 2018, PQ 26165/18]. The law relating to this is set out in section 29 of the Family Law Act 1995, which comes under the responsibility of my colleague the Minister for Justice and Equality.

Supplementary Welfare Allowance Applications

Questions (341)

Bernard Durkan

Question:

341. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for supplementary welfare allowance in the case of a person (details supplied); and if she will make a statement on the matter. [29794/18]

View answer

Written answers

According to departmental records, an application for Supplementary Welfare Allowance has been received from the person concerned. On several occasions, additional documentation was requested from the person concerned to include a completed HRC form, bank statements, passports and flight information.

When all documentation has been received, a decision will be made in relation to the person’s application.

I trust this clarifies the matter for the Deputy.

Invalidity Pension Applications Data

Questions (342)

John Brassil

Question:

342. Deputy John Brassil asked the Minister for Employment Affairs and Social Protection the number of invalidity pension applications that were submitted for appeal in each of the years 2016, 2017 and to date in 2018; the percentage success rate of those appeals; and if she will make a statement on the matter. [29795/18]

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.

The following table provides the details requested by the Deputy in respect of invalidity pension appeals received and finalised from 2016 to 2018.

Overall, 80.6% of the 1,654 invalidity pension appeals which were finalised in 2016 and 78.9% of the 1,348 invalidity pension appeals which were finalised in 2017 had a favourable outcome for the appellant, i.e. were either allowed in full or in part, or resolved by way of a revised decision by a Deciding Officer. 71.1% of the 512 appeals finalised to date in 2018 had a favourable outcome for the appellant.

There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was wrong.

Where new evidence is provided with an appeal the original decision may be revised by the Deciding Officer as was the case in 48.1% of favourable invalidity pension appeal outcomes in 2016, 65% of such outcomes in 2017 and 48.1% of such outcomes to date in 2018. Where the decision was not revised in the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and in addition, the Appeals Officer may gain insights when they meet the appellant in person at the oral hearing which may influence the outcome of the appeal.

I trust this clarifies the matter for the Deputy.

Appeal Receipts and Percentage Favourable Decisions of Invalidity Pension Appeals Finalised 2016 - 2018

Year

Appeal Receipts

Appeals Finalised

Favourable Decisions

Appeals Disallowed

Withdrawn

2016

1,362

1,654

80.6%

18.3%

1.1%

2017

1,381

1,348

78.9%

19.4%

1.7%

2018 (to 30/6/2018)

640

512

71.1%

25.6%

3.3%

Departmental Staff Training

Questions (343)

Micheál Martin

Question:

343. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection the training her Department and agencies under its aegis will receive on general data protection regulation, GDPR, legislation; when it will be completed; and if she will make a statement on the matter. [29846/18]

View answer

Written answers

My Department has rolled out a number of GDPR training solutions to date.

There have been a series of GDPR training and awareness sessions across the Department’s network of offices and to date, over 2500 staff have attended these sessions. These sessions will be ongoing over the summer and beyond. Separately to this, the Department has commissioned a GDPR training video, with an introduction by the Secretary General, which has been issued to all staff, highlighting the main aspects of the GDPR and implications on day-to-day operations.

In addition, the current One DEASP data protection training module has been updated to include relevant GDPR content and all staff are expected to take this module in line with training requirements on foot of the GDPR.

There is also a dedicated GDPR site on my Department’s intranet site which contains a number of newsletters on various aspects of the project as well as frequently asked questions and links to other resources.

Finally, the Minister for Public Expenditure and Reform as the Contracting Authority has issued a request for tenders in relation to the award of a contract for the provision of service to deliver training for Data Protection Officers within the civil service and bodies across the public sector. The submitted tenders have been assessed and the winning tenderer will be notified shortly.

JobPath Programme

Questions (344)

Clare Daly

Question:

344. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the practice of requesting that JobPath participants sign personal progression plans electronically and the fact that when they have not the means to do so the plans have been signed for them; and if she will make a statement on the matter. [29874/18]

View answer

Written answers

All jobseekers referred to my Department’s activation service, including those referred to the JobPath service, are requested to complete a personal progression plan (PPP) which contains a schedule of activities; actions and job focused targets, taking into account a person’s specific qualifications and employment preferences. The person will be requested to sign the PPP as an indication of their agreement to the activation measures contained in the document.

The use of an electronic format to capture a client signature is now common in many forms of services. This format is used by both JobPath Companies to record client signatures where the customer is happy to do so. Should a customer agree to sign electronically the Personal Adviser provides instruction regarding the use of the relevant equipment.

It is not however mandatory for a customer to sign the PPP using an electronic format. The option to sign a hardcopy of the PPP is also available.

Both JobPath companies have confirmed to my Department that it is not their practice to sign a PPP on behalf of any customer. Personal Advisors are required to sign the document themselves. If the deputy has a specific case in mind she should furnish the details to my Department for further investigation.

I trust this clarifies matters for the Deputy.

Disability Support Services

Questions (345, 346)

Maurice Quinlivan

Question:

345. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the budget allocation for 2017 and 2018 for a programme (details supplied); and if she will make a statement on the matter. [29909/18]

View answer

Maurice Quinlivan

Question:

346. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the estimated cost of introducing a programme (details supplied) in each county; and if she will make a statement on the matter. [29910/18]

View answer

Written answers

I propose to take Questions Nos. 345 and 346 together.

The Providing Equal Employment Routes (PEER) project is run in Co. Louth by the Walkinstown Association for People with an Intellectual Disability (WALK Ltd). The project provides for customised supports for its participants to access employment. The target group is young people with disabilities aged 16 – 24.

The project was originally one of 14 disability activation projects that were jointly funded by the European Social Fund (ESF) and the exchequer between 2012 and April 2015. After the ending of ESF funding, as provided for in EU regulations, the WALK PEER project obtained additional funding from both a private sector organisation and the HSE.

Research work by the National Disability Authority and others demonstrated that there is a need for supports to be put in place for young people with disabilities during the transition period from education and other services into the world of work. Arising from these findings, the Ability programme was developed.

The ‘Ability’ programme is a new pre-activation programme for young people with disabilities. The projects to be funded under this programme will provide supports and assistance for young people with disabilities aged between15 to 29 years old during this ‘transition’ period. The programme is being co-funded by the Exchequer and the EU (under the European Social Fund, as part of the ESF Programme for Employability, Inclusion and Learning 2014-2020).

Following representations from WALK Ltd it was decided to provide funding on an interim basis from the Department for the project, pending the introduction of the Ability programme. This for example saw funding being put in place to a maximum of some €75k in 2018 over two three month periods, while the Ability programme was being put in place.

Pobal have been contracted by DEASP to manage the Ability programme including the application and evaluation process for the proposals received: the Ability programme attracted 59 applications. A detailed and independent assessment process was undertaken by Pobal of the applications. Pobal awarded scores for all applications based on a weighted marking system, as below:

- Meeting the programme/ measure priorities (40%)Need for the proposal (20%)

- Capacity of the organisation (20%)

- Value for money (20%)

Only projects receiving a score of 60 or above were deemed by Pobal to be of sufficiently high standard to be recommended for funding. On this basis, Pobal recommended 27 projects as being suitable for funding; this represents some 46% of the proposals received.

On the 1st of June this year, the outcomes of the above process were announced. Two applications under the ‘WALK’ umbrella for funding were successful. These were: WALK Ltd and Walkinstown Green Social Enterprise Limited, the latter company is wholly owned by the former. These projects will receive combined funding of more than €1,070,000 over the course of the Ability programme.

If the WALK Ltd funding was to be replicated to an additional 25 counties this would, based on a simplistic calculation, require additional funding in excess of €5m per year, this does not include set up costs or factor in a county by county analysis (an analysis for example of existing service provision by county, demand factors etc.).

At the time of the launch of the ‘Ability’ measure, it was expected that funding for the Ability programme would amount to some €10 million over a three year period. However, given the number and quality of the proposals received, enhanced funding arrangements have been put in place of €16 million to support all 27 projects recommended for funding by Pobal.

It is also important to note that while some of the successful applications came from organisations that are headquartered or based in particular locations, some of the projects will be providing services beyond that county in which they are based, and in some cases providing services across the country.

In addition to the Ability programme, the Department of Employment Affairs and Social Protection continues through its nationwide network of Intreo offices and through the EmployAbility service (a specialist service that has been designed to support people with disabilities – which is delivered on behalf of the department by 23 companies located around the country) to offer a full range of supports and services to people with disabilities who wish to pursue their employment ambitions.

I hope this clarifies the issue for the deputy.

Carer's Allowance Review

Questions (347)

Willie Penrose

Question:

347. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the status of a review of an application by a person (details supplied) for a carer's allowance; and if she will make a statement on the matter. [29925/18]

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 received an application for CA from the person concerned on 22 November 2016. It is a condition for receipt of CA that every claimant shall furnish such certificates, documents, information and evidence as may be required for the purposes of deciding their claim.

The person was asked to provide bank statements and evidence to support his assertion that he had ceased self-employment, but did not do so. Accordingly the deciding officer decided that he was not entitled to CA.

The person concerned was notified on 3 May 2017 of this decision, the reason for it and of his right of review and appeal.

Further documents were received on 4 April 2018 and the matter was referred again to the local social welfare inspector (SWI) for investigation.

Following the completion of the SWI investigation, a deciding officer requested further documentary evidence from the person concerned but this has not yet been received.

On receipt of this information, the decision to disallow the application of the person concerned will be reviewed and he will be notified in writing of the outcome.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (348)

Bernard Durkan

Question:

348. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 528 of 19 June 2018, if a person (details supplied) can have their habitual residency re-examined; and if she will make a statement on the matter. [29975/18]

View answer

Written answers

The person concerned submitted an application for disability allowance (DA) on 18 April 2017. Their application was disallowed as she was not found to be habitually resident in the state.

The person concerned appealed this decision to the independent Social Welfare Appeals Office (SWAO). This appeal was disallowed by an appeals officer on 11 May 2018 and she was notified of this decision in writing on the same date.

An AO’s decision is final and conclusive in absence of any new facts or evidence. It is open to the person in question to reapply for DA.

I trust this clarifies the matter for the Deputy.

Disability Allowance Eligibility

Questions (349)

Bernard Durkan

Question:

349. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) can be otherwise deemed habitually resident here; and if she will make a statement on the matter. [29976/18]

View answer

Written answers

The person concerned submitted an application for disability allowance (DA) on 18 April 2017. Their application was disallowed as she was not found to be habitually resident in the state.

The person concerned appealed this decision to the independent Social Welfare Appeals Office (SWAO). This appeal was disallowed by an appeals officer on 11 May 2018 and she was notified of this decision in writing on the same date.

An AO’s decision is final and conclusive in absence of any new facts or evidence. It is open to the person in question to reapply for DA.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (350)

Bernard Durkan

Question:

350. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which a person (details supplied) qualifies for a full State pension and-or other entitlements arising from their contributions during a lifetime of work; and if she will make a statement on the matter. [29981/18]

View answer

Written answers

To qualify for a standard state pension (contributory) (SPC) a person must have at least 520 full-rate paid contributions. Eligibility for a mixed insurance state pension (contributory) is based on a combination of at least 520 full-rate and modified-rate paid contributions, with a minimum requirement of 260 full-rate paid contributions.

The person’s entitlement to both a standard and mixed insurance state pension (contributory) has been investigated. According to the records of my Department, the social insurance record of the person concerned consists of 170 full-rate and 1,812 modified contributions. Therefore, the person concerned does not satisfy the qualifying conditions for standard or mixed insurance SPC and was notified of both decisions on 20 November 2017.

The person concerned has been awarded Free Travel.

In order to be eligible for the Household Benefits Package, applicants aged between 66 and 70 must either be on a qualifying payment or satisfy a means test.

This payment is not means tested for people aged 70 or over and there is no requirement for them to be in receipt of a qualifying payment.

It is open to the person concerned to apply for state pension (non-contributory). This is a means-tested payment. If the person concerned has an assessed weekly income of less than €257.50 they may qualify for a state pension (non-contributory).

I hope this clarifies the matter for the Deputy.

Home Loan Scheme

Questions (351)

Catherine Murphy

Question:

351. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the number of Rebuilding Ireland home loan approvals and home loan drawdowns by month and by local authority since the scheme was launched and up to 29 June 2018; and if he will make a statement on the matter. [29713/18]

View answer

Written answers

As with the previous local authority home loan offerings, loan applications under the Rebuilding Ireland Home Loan are made directly to the local authority in whose area the property proposed for purchase is situated. My Department does not directly collect information on the number of enquiries to local authorities regarding the loan or the number of loan applications received by local authorities.

However, as is currently the case, my Department will continue to publish information on the overall number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Information up to Q4 2017 is available on the Department's website at the following link: http://www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity, and this information will be updated on a quarterly basis as additional data is compiled.

The Housing Agency provides a central support service which assesses loan applications that are made to the local authorities and makes recommendations to the authorities as to whether loans should be offered to applicants.

I have asked the Agency to centrally compile figures on the numbers of applications that it has assessed and the most recent figures, as at the end of June, indicate that the Agency had received a total of 1,963 applications for assessment from local authorities.

The table below provides information on the geographical distribution of applications received centrally by the Housing Agency for assessment since the scheme began:

Region

Feb

Mar

Apr

May

Jun

Total

Cork, Galway, Kildare, Louth, Meath and Wicklow

94

135

130

182

193

734

Dublin

120

146

141

214

160

781

Other

52

93

85

107

111

448

Total

266

374

356

503

464

1,963

Of the 1,963 applications received, 1,510 (or 77%) were deemed to be valid. Of these valid applications, 1,326 had been assessed and 696 of these (52%) had been recommended for approval.

Each local authority must have in place a credit committee and it is a matter for the committee to make the decision on applications for loans, in accordance with the regulations, having regard to the recommendations made by the Housing Agency.

Tenant Purchase Scheme Review

Questions (352)

Mattie McGrath

Question:

352. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government the status of the review of the local authority tenant purchase scheme; when it will be completed; his views on whether changes in the way in which the scheme is administered will ensure those that have the ability to pay, regardless of income, can purchase their home; and if he will make a statement on the matter. [29726/18]

View answer

Written answers

The Tenant (Incremental) Purchase Scheme which came into operation on 1 January 2016 is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.

The minimum reckonable income for eligibility under the scheme is determined by the relevant local authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the 2014 Act. In the determination of the minimum reckonable income, local authorities include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income.

In determining reckonable income, the income of all tenants of the house, including adult children that are joint tenants, is included, as is the income of the spouse, civil partner or other partner/co-habitant of a tenant who lives in the house with them, thus ensuring the appropriate level of discount is applied to the purchase price.

The minimum income criterion was introduced in order to ensure the sustainability of the scheme. Applicants must demonstrate that they have an income that is long-term and sustainable in nature. This ensures that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.

The financing of any house sold under the Tenant (Incremental) Purchase Scheme is a separate matter from the eligibility criteria for the scheme. If the tenant is deemed eligible under the scheme, he or she may fund the purchase of a house from one, or a combination, of his/her own resources or a mortgage provided by a financial institution or a local authority house purchase loan.

In line with the commitment given in Rebuilding Ireland, a review of the first 12 months of the Scheme’s operation has been undertaken. The review has incorporated analysis of comprehensive data received from local authorities regarding the operation of the scheme during 2016 and a wide-ranging public consultation process which took place in 2017 and saw submissions received from individuals, elected representatives and organisations.

The review is now complete and a full report has been prepared setting out findings and recommendations. In finalising the report some further consultation was necessary and due consideration had to be given to possible implementation arrangements. These matters are now almost completed and I expect to be in a position to publish the outcome of the review shortly.

Local Authority Housing Funding

Questions (353)

Catherine Murphy

Question:

353. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the budgets for dwelling and-or housing construction in 2016, 2017 and 2018 by local authority, in tabular form; and if he will make a statement on the matter. [29728/18]

View answer

Written answers

Details of expenditure under the local authority construction programme, i.e. standard construction, turnkeys and rapid delivery, by individual local authority in 2016 and 2017 are set out in the following table. In addition to standard construction, turnkeys and rapid delivery mechanisms, local authorities also deliver new-build social housing through dedicated regeneration programmes which seek to address the causes of disadvantage in communities through a holistic programme of physical, social and economic regeneration. Total expenditure by local authorities under the National Regeneration Programme in 2016 and 2017 was €50.054m and €65.186m, respectively.

In 2018, the total budget for the local authority housing capital programme is €638.7 million and the budget for the National Regeneration Programme is €61 million. As in previous years, funding is being provided to individual local authorities over the course of 2018 in line with the pace at which each authority advances its programmes.

Local Authority

2016 Expenditure €m

2017 Expenditure €m

Carlow

1.47

4.37

Cavan

0.11

0.86

Clare

0.05

0

Cork County

4.67

13.62

Donegal

0.27

2.35

Dun Laoghaire Rathdown

4.36

25

Fingal

0.38

26.36

Galway County

0

0

Kerry

0.23

3.55

Kildare

0.66

4.62

Kilkenny

1.33

3.68

Laois

0.5

2.89

Leitrim

0

0.08

Limerick

0

0.18

Longford

0

2.97

Louth

0.2

0

Mayo

1.47

2.19

Meath

0.92

4.14

Monaghan

0

6.78

Offaly

0

0.19

Roscommon

0

1.89

Sligo

0.17

2

South Dublin

1.32

10.56

Tipperary

0.29

0.29

Waterford

0.79

1.75

Westmeath

0.28

0.59

Wexford

0

2.83

Wicklow

0

0.13

Cork City

12.43

8.43

Dublin City

14.56

31

Galway City

0

1.07

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