Thomas Pringle
Question:1205. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [35502/18]
View answerSocial Welfare Appeals Status
Questions (1205)
Written answers
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has partially allowed the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
Invalidity Pension Applications
Questions (1206)
Bernard Durkan
Question:1206. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for an invalidity pension in the case of a person (details supplied); when the application is likely to be concluded; and if she will make a statement on the matter. [35505/18]
View answerWritten 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 the lady referred to on 25 May 2018. She was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on the 21 August 2018 of this decision, the reasons for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
Carer's Allowance Appeals
Questions (1207)
Bernard Durkan
Question:1207. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when appeals in the case of a person (details supplied) will be heard; and if she will make a statement on the matter. [35562/18]
View answerWritten answers
The Social Welfare Appeals Office has advised me that a carer's allowance appeal was registered in that office on 21st May 2018. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
A jobseeker's allowance appeal was also registered in that office on 26th June 2018. The papers relating to this case were received in the Appeals Office on 31st July 2018. However, the file in question was subsequently recalled by the Department on enquiry. The Appeals Office is currently awaiting their response.
If the means of the person concerned are insufficient to meet his/her needs he/she should contact his/her local Intreo Office regarding his/her possible entitlement to supplementary welfare allowance.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
Carer's Support Grant
Questions (1208)
Bernard Durkan
Question:1208. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for the carer's support grant in the case of a person (details supplied); when the application is likely to conclude; and if she will make a statement on the matter. [35563/18]
View answerWritten answers
This application is currently being processed by my Department. In this regard, the Deciding Officer dealing with the claim recently wrote to the person concerned seeking further details of her employment and of the level of care she provides.
Once this information is received, the Deciding Officer will notify the customer of the outcome.
I hope this clarifies the matter for the Deputy.
Illness Benefit Applications
Questions (1209)
Bernard Durkan
Question:1209. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for illness benefit and disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [35564/18]
View answerWritten answers
Illness Benefit (IB) 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 of the scheme. There is, however, a maximum payment period of two years after which payment will cease.
The Person concerned made an IB claim in 17/09/16. This claim was awarded and in payment until the 28/08/18, at which point IB ceased payment as invalidity pension (INVP) was awarded.
The gentleman referred to submitted an application for INVP on 12 June 2018. He was awarded INVP with effect from 14 June 2018. The first payment issued to his nominated bank account on the 30 August 2018.
Any arrears due (less any overlapping social welfare payment) will issue in due course. The gentleman in question was notified of this decision on the 15 August 2018.
I confirm that my department received an application for disability allowance (DA) from this gentleman on 7 August 2018.
DA cannot be paid concurrently with INVP which is payable at a higher rate than DA. The application of the person concerned has been withdrawn as he is in receipt of a higher rate of payment.
I trust this clarifies the matter for the Deputy.
Disability Allowance Eligibility
Questions (1210)
Bernard Durkan
Question:1210. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the decision to cease disability allowance in the case of a person (details supplied) will be reviewed; and if she will make a statement on the matter. [35583/18]
View answerWritten answers
Following a review of this lady’s disability allowance (DA) claim, it was established that she had means not previously disclosed to this department. Her DA payment was disallowed or reduced for periods from 4 January 2017 to 27 February 2018, which resulted in an overpayment. She was notified of this decision and given the right to appeal it to the independent Social Welfare Appeals Office. No appeal was received in this case.
My department is obliged to recoup any debt owing to it in an appropriate and timely manner. An agreed weekly deduction toward this debt has been deducted from the DA payments of the person concerned from 22 August 2018.
I trust this clarifies the matter for the Deputy.
Disability Allowance Eligibility
Questions (1211)
Bernard Durkan
Question:1211. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the decision to refuse an application for a disability allowance in the case of a person (details supplied) can be reviewed; and if she will make a statement on the matter. [35588/18]
View answerWritten answers
This lady submitted an application for disability allowance (DA) on 18 April 2017. Her application was disallowed as she was not found to be habitually resident in the state.
She appealed this decision to the independent Social Welfare Appeals Office (SWAO). This appeal was disallowed by an appeals officer (AO) 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.
I trust this clarifies the matter for the Deputy.
Exceptional Needs Payment Eligibility
Questions (1212)
Bernard Durkan
Question:1212. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a bereavement grant by way of an exceptional needs payment can be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [35596/18]
View answerWritten answers
The Designated Officer has not received an application for an Exceptional Needs Payment (ENP) from the person concerned to date.
If the person concerned wishes to make an application they should contact their nearest Community Welfare Services (CWS) where they will be provided with an application form. Alternatively, they can contact the CWS via E mail or telephone at cwsmaynoothleixlip@welfare.ie, phone 01-6106143.
I trust that this clarifies the matter for the Deputy.
Departmental Communications
Questions (1213)
Jackie Cahill
Question:1213. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection if phone lines that are provided for Members of the Houses of the Oireachtas by her Department to make queries in relation to individuals, can transfer a query to discuss a person's case with either this Deputy, a secretarial assistant or parliamentary assistant without declining to discuss a matter by quoting GDPR regulations (details supplied); and if she will make a statement on the matter. [35622/18]
View answerWritten answers
I confirm that a Member of the Houses of Oireachtas or their nominated assistant(s) may still discuss a query in relation to an individual with officials of this Department on the implicit understanding that the constituent has asked the Member to make enquiries on their behalf.
Section 40 of the Data Protection Act 2018 facilitates the processing of personal data and special categories of personal data by elected representatives.
Section 40 states that, for the purpose of enabling an elected representative to perform his or her functions as such a representative, the processing of personal data and special categories of personal data of a data subject by or on behalf of that representative shall be lawful where he or she receives a request or representation from the data subject.
I hope this clarifies the matter for the Deputy.
Social Insurance Payments
Questions (1214)
Seán Fleming
Question:1214. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection if the class S PRSI for a self-employed person that is 66 years of age can be used to satisfy the minimum 260 contribution weeks for the criteria necessary to qualify for the half-rate pension in view of the fact that they satisfy the minimum 520 paid contributions condition for the State pension (contributory) eligibility; and if she will make a statement on the matter. [35635/18]
View answerWritten answers
The self-employed have been obliged to pay social insurance since 1988. One of the eligibility requirements for the State Pension (contributory) is that a person's first paid social insurance contribution should be 10 years before they reach state pension age. As such, self-employed people who were over the age of 55 in 1988 could not meet that requirement, and did not qualify for a contributory state pension.
In April 1999, a special pro-rata pension was introduced for them. Only people aged 56 or over on 6 April 1988 (born on or before 6 April 1932) qualify for this pension.
A person with over 520 contributions, paid or credited, will be eligible for the State Pension (contributory). They may also be eligible for the means-tested State Pension (non-contributory). Persons can apply for both pensions and will be paid whichever rate is most beneficial to them.
I hope this clarifies the matter for the Deputy.
Pensions Legislation
Questions (1215)
Fiona O'Loughlin
Question:1215. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the status of the preparation of legislation to facilitate reviews for those in receipt of contributory pensions post-2012 that took time out to care for family; when these reviews will commence; and if she will make a statement on the matter. [35675/18]
View answerWritten answers
On 23 January last, this Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated on a Total Contributions basis, including provision for up to 20 years of a new home caring credit.
Legislation has to be drafted and enacted to enable implementation of these arrangements, and a number of options regarding the best approach to passing that legislation are being considered. In addition, an information technology system has to be developed in line with the legislation. My Department is currently working on both of these. As I've said previously, it is still planned to commence the reviews before the end of this year, with the first payments being made in the first quarter of 2019. In this regard, the commitment we made in January for the payments to be dated from 26 March last still stands.
It is not necessary for people to contact the Department on this matter. Once the legislation is enacted and the systems and processes are ready, my Department will write to the people impacted and provide them with the opportunity to have their pension calculation reviewed.
I hope this clarifies the matter for the Deputy.
Disability Allowance Applications
Questions (1216)
James Lawless
Question:1216. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection if a disability allowance application by a person (details supplied) will be examined; if this claim can be backdated; and if she will make a statement on the matter. [35694/18]
View answerWritten answers
The person concerned submitted an application for disability allowance (DA) on 25 November 2015. Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that this gentleman was substantially restricted in taking up employment.
The person concerned was notified in writing of this decision on 18 February 2016 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO). No request for an appeal or review was received.
On 18 July 2017 this gentleman submitted another application for DA and was awarded from 19 July 2017. He received his first payment on 11 October 2017.
The person concerned was refused a request for backdating on 25 April 2018 as he did not supply sufficient grounds to warrant backdating.
I trust this clarifies the matter for the deputy.
Treatment Benefit Scheme Eligibility
Questions (1217)
Fiona O'Loughlin
Question:1217. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection if a person on a carer's allowance is granted stamps towards PRSI employee benefits such as teeth cleaning and eye tests. [35708/18]
View answerWritten answers
Qualification for Treatment Benefit is based on satisfying certain PRSI conditions. The person concerned would need to have paid 260 PRSI contributions at either Class A, E, H, P or S, since first starting work, and also have 39 contributions paid or credited at these classes, in the relevant tax year on which the claim is based. In 2018, this is the 2016 tax year.
If the person concerned is in receipt of Carers Allowance, they may be entitled to credited contributions which, if they also have a minimum of 260 contributions paid, could qualify them for Treatment Benefit.
I hope this clarifies the matter for the Deputy.
Pension Provisions
Questions (1218, 1233, 1269)
Fiona O'Loughlin
Question:1218. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection if a person on a carer's allowance is granted credits towards their pension. [35709/18]
View answer
Michael McGrath
Question:1233. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection if all persons on disability allowance are entitled to apply for and receive PRSI credits reckonable for the State pension irrespective of whether they were previously employed as a PAYE worker or worked as a self-employed person paying class S stamp; and if she will make a statement on the matter. [36067/18]
View answer
Eoin Ó Broin
Question:1269. Deputy Eoin Ó Broin asked the Minister for Employment Affairs and Social Protection if the policy of not providing credited PRSI contributions for persons in receipt of carer's allowance will be reviewed; and if this policy will be changed in recognition of the fact that carers are working full-time looking after their family member and should be recognised as such. [36329/18]
View answerWritten answers
I propose to take Questions Nos. 1218, 1233 and 1269 together.
Credited contributions (credits) are social insurance contributions designed to protect the social insurance entitlement record of insured workers who are not in a position to make PRSI contributions.
Credits are awarded in circumstances such as unemployment or illness, and their purpose is to help protect the social insurance entitlements of insured persons during periods when they may not be in a position to pay contributions.
In order to qualify for credits, a person must first have entered insurable employment - he or she must have paid at least one PRSI contribution at Class A, B, C, D, E, H or P.
In general credits can only be awarded where an individual has had a recent attachment to the workforce i.e. within the last 2 years. Self-employed class S contributions are not reckonable toward the award of credits.
Persons in receipt of disability allowance or carers allowance can qualify for credits where they have previously entered insurable employment and paid at least one PRSI contribution at Class A, B, C, D, E, H or P and where they have had a recent attachment to the workforce.
In combination with paid PRSI contributions, credits can assist employees in qualifying for short-term schemes such as jobseeker’s benefit and enhance the level of benefit for long-term schemes such as the level of payment of State pension contributory (SPC). Credits do not however, in isolation, entitle individuals to qualify for social insurance benefits.
Individuals who are caring and who do not qualify for carers allowance may qualify for the homemaker’s scheme. The homemaker’s scheme is designed to help homemakers and carers qualify for the SPC, and applies to homemaking periods since 6 April 1994. It equally applies to both men and women.
The scheme provides that years spent working in the home while caring on a full-time basis for a child up to 12 years of age or an incapacitated person age 12 or over will be disregarded in calculating a person's yearly average number of contributions for the purposes of determining the rate of their entitlement to SPC. In this way the homemaker’s scheme ensures that an individual’s entitlement to SPC is protected during periods spent caring.
Carer's Allowance Appeals
Questions (1219)
Fiona O'Loughlin
Question:1219. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance appeal by a person (details supplied). [35710/18]
View answerWritten answers
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
Jobseeker's Allowance Payments
Questions (1220)
James Lawless
Question:1220. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection if the decision to cease jobseeker's allowance to a person (details supplied) will be reviewed; if this payment will be reinstated with arrears; and if she will make a statement on the matter. [35786/18]
View answerWritten answers
JobPath is an approach to employment activation which caters mainly for people who are long-term unemployed (over 12 months) to assist them to secure and sustain full-time paid employment or self-employment.
The person concerned is currently in receipt of a Jobseekers Allowance payment of €107.70 p.w. and she has been selected for participation on JobPath. In North Kildare the JobPath Program is delivered by the CENIT Group in partnership with Seetec.
The person concerned was referred to the program on the 2nd of December 2017. Regretfully, she has failed, without good cause, to attend 7 appointments with her JobPath provider (Cenit), which has resulted in the application of sanctions on four occasions.
The sanctions imposed have led to a penalty rate reduction of €25.00 per week on 3 occasions (7 weeks in total) and a further full payment suspension on 1 occasion (for 4 weeks in total).
Decisions in relation to the imposition of sanctions on Jobseekers Allowance payments are undertaken in accordance with Section 141A of the Social Welfare (Consolidation) Act, 2005 as amended.
The payment of arrears is not under consideration at this time.
An Appeals form was however sent to the person concerned on 22nd August 2018 and she has a period of 21 days to complete this form and to return it to her Intreo Centre. Subsequent to the finalisation of the appeals process the Deciding Officer will implement the decision of the Appeals Officer, and if any arrears are due, they will be issued to the person concerned at that time.
I hope this clarifies the position.
Social Welfare Schemes Data
Questions (1221)
Niamh Smyth
Question:1221. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the number of persons in counties Cavan and Monaghan that were in receipt of the carer's allowance, carer's benefit and the respite grant between 2011 and 2016, in tabular form; and if she will make a statement on the matter. [35798/18]
View answerWritten answers
The information requested (where available) by the Deputy is detailed in the attached tabular statement.
I note that this information is published in Open Data format in my Department's Annual Statistics Report, available at https://www.welfare.ie/en/Pages/Annual-SWS-Statistical-Information-Report.aspx. County breakdowns for all Social Welfare benefits are available from 2005 on an annual basis, and from 2016 on a monthly basis.
I also note that Respite Care Grant was renamed as Carers Support Grant in 2016 to better reflect how the Grant is used, and that data for this payment are only available from 2013.
Recipients of carer’s allowance, carer’s benefit and respite care grant in each of the years 2011 to 2016
|
Scheme |
Year |
Cavan |
Monaghan |
|
Carer's Allowance |
2016 |
1,200 |
960 |
|
Carer's Allowance |
2015 |
1,030 |
853 |
|
Carer's Allowance |
2014 |
947 |
822 |
|
Carer's Allowance |
2013 |
904 |
814 |
|
Carer's Allowance |
2012 |
825 |
743 |
|
Carer's Allowance |
2011 |
826 |
735 |
|
Carer's Benefit |
2016 |
68 |
39 |
|
Carer's Benefit |
2015 |
N/a |
N/a |
|
Carer's Benefit |
2014 |
39 |
28 |
|
Carer's Benefit |
2013 |
30 |
17 |
|
Carer's Benefit |
2012 |
17 |
16 |
|
Carer's Benefit |
2011 |
26 |
25 |
|
Respite Care Grant |
2016 |
1,455 |
1,156 |
|
Respite Care Grant |
2015 |
1,253 |
1,027 |
|
Respite Care Grant |
2014 |
1,136 |
975 |
|
Respite Care Grant |
2013 |
1,087 |
957 |
|
Respite Care Grant |
2012 |
N/a |
N/a |
|
Respite Care Grant |
2011 |
N/a |
N/a |
Social Insurance Fund
Questions (1222)
Seán Fleming
Question:1222. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection if the revision of PRSI being levied on phantom gains deemed to be arising to a trade when in fact there is an overall loss will be revised further to correspondence from persons (details supplied); and if she will make a statement on the matter. [35805/18]
View answerWritten answers
The Deputy is referring to a change in the Finance Act 2013 which provided that the release/forgiveness of a debt relating to land, which is held as trading stock is regarded as (notional) income for tax purposes. The debt forgiveness is regarded as “reckonable income” for PRSI purposes and is liable to PRSI at the Class S rate of 4%.
This provision only applies to individuals:
- who own land as part of their trade,
- the value of that land was previously written down, in many cases giving rise to large trading losses, and,
- who benefitted from debt forgiveness on borrowings made to purchase that land.
Given the complexity of this issue, in particular to ensuring the correct application of the PRSI charge, my officials are currently re-examining this issue and the Department will be in contact with the relevant bodies including those who have contacted the Deputy on finalisation of its deliberations.
Domiciliary Care Allowance Eligibility
Questions (1223)
Eoin Ó Broin
Question:1223. Deputy Eoin Ó Broin asked the Minister for Employment Affairs and Social Protection the reason the domiciliary care allowance is only paid up until a child’s 16th birthday rather than 18 as is the children’s allowance; and if raising the age limit to 18 years of age has been considered. [35811/18]
View answerWritten answers
Domiciliary Care Allowance (DCA) ceases to be payable when a child reaches age 16 years. Disability Allowance (DA) can then be paid from age 16 if the qualifying conditions for that scheme are met.
Following a commitment made in the Comprehensive Employment Strategy for people with disabilities 2015 -2024, the “Make Work Pay for People with Disabilities” (MWP) report was published in April 2017. The report undertook to better identify how people with disabilities could be supported to achieve their employment ambitions. A number of MWP report recommendations focussed on the need to support young adults through education, training and social inclusion according to their capacity, and to change the qualifying age for disability allowance from 16 to 18 years of age while leaving Domiciliary Care allowance in payment where applicable to 18 years of age.
An extensive national consultation process was organised to engage people with disabilities, parents of children with disabilities, and sectoral representatives to seek their views on the specific recommendations in the report and this has recently concluded.
A report on this consultation process is being prepared and will be taken into account by Government before any decision is made on the recommendations.
I hope this clarifies the matter for the Deputy.
Carer's Benefit Applications
Questions (1224)
Niamh Smyth
Question:1224. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection if an application for carer's benefit by a person (details supplied) will be expedited; and if she will make a statement on the matter. [35871/18]
View answerWritten answers
Carer's benefit (CARB) is a PRSI based payment, made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care.
An application for CARB was received from the person concerned on 7 June 2018. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.