Written Answers Nos. 1225-1244
1225. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection her plans to extend the period of time that participants over 50 years of age can remain on community employment and Tús schemes; and if she will make a statement on the matter. [35873/18]
View answerThe aim of the Community Employment (CE) programme is to enhance the employability of disadvantaged and unemployed people by providing work experience and training opportunities for them within their communities. The programme helps break the cycle of unemployment and improve a person’s chances of returning to the labour market. Participation on CE is intended to be for a temporary fixed term. These placements are not full-time sustainable jobs. There are participation limits in place to ensure that as many unemployed people as possible are able to benefit from the scheme.
A number of new conditions were introduced on CE in July 2017 to further support progression and broaden access to CE to a wider range of people. In general all CE placements for new entrants aged between 21 and 55 years will be for 1 year - however CE participants, working towards a major award, can seek to extend participation by up to two years to enable them to reach the required standard of qualification. In addition, those over 55 years of age can remain on CE for three years.
An overall lifetime limit of 6 years will apply to all CE participants. A person may re-qualify for CE after 12 months of being in receipt of a qualifying payment, provided they have not reached their 6 year limit. Persons in receipt of a qualifying disability-linked social welfare payment will be eligible for an overall lifetime limit of 7 years.
Participants over age 62 are allowed to participate on a continuous basis up to the State Pension age, subject to satisfactory performance on the scheme and to annual approval by the Department. The places allocated for these participants within each individual CE scheme are subject to a limitation criteria.
On the other hand, Tús is a community work placement initiative which aims to provide short-term work opportunities for those who are unemployed for more than a year. The duration of the Tús contract, which is a maximum of 12 months, was set to reflect a number of inter-related elements which ensures the following:
(a) that the number of placements available are open to those on the live register,
(b) that weaknesses identified in other work programmes resulting from longer duration placements are not replicated in Tús, and
(c) to ensure that Tús fits in with the objectives set out in the Government’s activation policies in Pathways to Work.
This approach ensures that as many people as possible who are unemployed for over 12 months are able to benefit from the initiative. The existing 12 months duration on the scheme is deemed to be adequate to meet the programme’s objectives.
There are currently no plans to extend the duration of placement beyond twelve months for any Tús participant, regardless of their age.
1226. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection when the European Code of Social Security became binding here; her views on whether the 2012 pension eligibility changes comply with the code in all respects; her further views on the fact that some persons, in view of their age, were not given sufficient notice of the change as set out in the code; and if she will make a statement on the matter. [35874/18]
View answerIreland ratified the European Code of Social Security (Code), Article 74, on 16 February 1971 and has accepted the parts of the Code relating to sickness benefit, unemployment benefit, old-age benefit, family benefit and survivors’ benefit. It is a matter for the European Committee of Social Rights (ECSR) to examine conformity with the Code and Ireland is not currently in receipt of resolutions from the ECSR, on the application of the Code, relating to Part V, old age benefit.
The eligibility changes to the State Pension Contributory which came into force from 2012 were indicated a significant number of years in advance.
The 1993 report “Developing the National Pensions System – Final Report of the National Pensions Board”, recommended that the number of paid contributions required to qualify for a contributory pension should be increased to 520 (i.e. 10 years). The legislation to effect these recommendations was contained in Section 12 of the Social Welfare Act 1997 which provided for their implementation in two stages, with the paid contribution requirement being standardised at 260 from 2002, rising to 520 from April 2012.
I hope this clarifies the matter for the Deputy.
1227. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a review into the pension entitlements of a person (details supplied) will be carried out; and if she will make a statement on the matter. [35884/18]
View answerThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.
Every effort will be made to hear the case as quickly as possible and the person concerned will be informed when arrangements for the oral hearing have been made.
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.
1229. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection her plans to expand the maximum wage limit to qualify for the back to school clothing and footwear allowance; and if she will make a statement on the matter. [35960/18]
View answerThe back to school clothing and footwear allowance (BSCFA) scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The Government has provided €49.5 million for the scheme in 2018.
In general, the allowance is payable in respect of eligible children between the ages of 4 and 17 in respect of whom a qualified child allowance is being paid and eligible children between the ages of 18 and 22 who are in full-time second level education and in respect of whom a qualified child allowance is being paid. To qualify for BSCFA a person must meet a number of conditions namely:
- The child must meet the age criteria,
- The applicant must be in receipt of a qualifying payment and getting an increase in that payment for the qualified child (except in certain circumstances),
- The assessable income for the household must be within prescribed limits,
- The applicant and the child (or children) in respect of whom the allowance is claimed must be resident in the State.
The household income limits for the scheme were increased for 2018 to ensure that the increases in social welfare payment rates introduced by Budget 2018 do not negatively impact on people’s entitlement to the allowance. The household income limits are set out in the tabular statement.
Any changes to the scheme, including a change to the household income limits would have to be considered in a budgetary context and within the scope of the overall resources available for welfare improvements.
Further information on the scheme is available on the Department's website: www.welfare.ie/backtoschool
I trust this clarifies the position.
Tabular Statement
Weekly household income limits for 2018
|
Number of children |
Couple |
Single Parent |
|
1 child |
€587.20 |
€425.10 |
|
2 children |
€619.00 |
€456.90 |
|
3 children |
€650.80 |
€488.70 |
|
4 children * |
€682.60 |
€520.50 |
* Limit is increased by €31.80 for each additional child
1230. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the status of an invalidity pension appeal by a person (details supplied); the average waiting time on an appeal for this payment; and if she will make a statement on the matter. [35993/18]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5th April 2018. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Employment Affairs and Social Protection These papers were received in the Social Welfare Appeals Office on 17th August 2018 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.
The average processing time for invalidity pension appeals for the period January to the end of July 2018 was 25.3 weeks for appeals requiring an oral hearing, and 23.6 weeks for appeals which were determined by means of a summary 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.
1231. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection if persons on invalidity pension are permitted to hold non-executive directorships of a family business which require them to attend a small number of meetings; and if she will make a statement on the matter. [36046/18]
View answerInvalidity 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 contribution (PRSI) conditions.
A person in receipt of IP cannot engage in work. However, with prior written permission from the Department, a person may undertake light work for which no remuneration is or would ordinarily be payable.
Should a person in receipt of IP wish to take up or resume open labour market employment, they may qualify for Partial Capacity Benefit, a social welfare scheme which allows a person to return to work or self-employment (if they have reduced capacity to work) and continue to receive a payment from the Department.
I hope this clarifies the matter for the Deputy.
1232. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection if a matter in relation to a person (details supplied) will be reviewed; her plans to reintroduce a measure for persons in this situation; and if she will make a statement on the matter. [36055/18]
View answerChild Benefit is a monthly payment made to families with children in respect of all qualified children up to the age of 16 years. The payment continues to be paid in respect of children up to their 18th birthday who are in full-time education, or who have a disability. Child Benefit is currently paid to almost 629,000 families in respect of almost 1.2 million children, with an estimated expenditure of more than €2 billion in 2018.
Given the universality of Child Benefit, extending entitlement to parents of full time students in second level education who are over 18 years of age would not be a targeted approach. The adoption of such a proposal would have significant cost implications and would have to be considered in an overall budgetary context.
Families on low incomes can avail of a number of social welfare schemes that support children in full-time education until the age of 22, including:
- Increase for a Qualified Child (IQCs) with primary social welfare payments;
- the Working Family Payment (formerly Family Income Supplement) for low-paid employees with children;
- the Back to School Clothing and Footwear Allowance for low income families (paid at the full-time second-level education rate).
These schemes provide targeted assistance that is directly linked to household income and thereby support low-income families with older children participating in full-time education.
Any changes to extend eligibility for Child Benefit would have to be considered in the overall budgetary process.
1234. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection when a decision on a partial capacity benefit application by a person (details supplied) will issue; and if she will make a statement on the matter. [36075/18]
View answerPartial Capacity Benefit (PCB) is a social welfare scheme which allows a person who has been in receipt of Illness Benefit for six months and who may not have full capacity for work, to return to employment and continue to receive a partial or full payment from my Department. An Illness Benefit customer who applies for PCB will, in the first instance, be assessed by a Medical Assessor who will review the restriction, if any, on their capacity for work. A person assessed with a moderate level of work incapacity will receive 50% of their current payment, a person assessed with a severe level will receive 75% of their payment and a person assessed with a profound level will get full payment.
The person concerned currently has a claim for Illness Benefit and has made an application for Partial Capacity Benefit (PCB). This application was received on 9 July 2018 and has been referred to a Medical Assessor for an opinion on the level of work restriction. The person concerned has now had their application assessed and a letter has issued to her with the result.
I hope this clarifies the matter for the Deputy.
1235. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection when payment will issue in the case of a person (details supplied); and if she will make a statement on the matter. [36102/18]
View answerCarer's Allowance (CA) is a means-tested social assistance 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.
The application for CA from the person concerned was disallowed by a Deciding Officer as her means were determined to exceed the statutory limit.
The person concerned was notified on 22 July 2017 of this decision the reason for it and her right of review and appeal.
On 2 August 2018, the Department received notice from the Social Welfare Appeals Office that they had revised the decision of the Deciding Officer in this case and partially allowed the person's appeal. Consequently CA was awarded to the person concerned on 27 August 2018, with effect from 19 October 2017. The first payment will issue to her nominated post office on 6 September 2018.
The person concerned was awarded carer’s allowance from 19 October 2017 at the rate of €23.80 per week. Due to a budgetary increase her rate increased to €30.80 with effect from 29 March 2018 to date. She is now assessed with weekly means of €221.35.
Arrears for the period 19 October 2017 to 5 September 2018 to the value of €1,281.20 will issue shortly. A separate payment for the 2018 carer’s support grant for the value of €1,700.00 will also issue shortly to the nominated post office of the person concerned.
The person concerned was notified on 27 August 2018 of the revised decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
1236. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 2459 of 24 July 2018, if her Department will interact directly with the UK authorities as in the past in view of the existence of bilateral arrangements and the difficulty experienced by private persons attempting to deal with the UK authorities such as in the case of a person (details supplied); and if she will make a statement on the matter. [36127/18]
View answerUnder the social security arrangements between Ireland and the UK, the respective authorities exchange social insurance record details, as required, for pension entitlement assessment purposes. The person concerned is in receipt of pension from both jurisdictions. My department is not aware of any further information that is outstanding at this time.
As UK pension entitlement has already been established, any subsequent query that the person wishes to raise regarding their UK pension should be directed to the Department of Work and Pensions in the UK.
I hope this clarifies the matter for the Deputy.
1237. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason a basic social welfare payment has not been granted in the case of a person (details supplied); and if she will make a statement on the matter. [36128/18]
View answerThe person concerned applied for Jobseekers Allowance and Supplementary Welfare Allowance both of which were disallowed because the applicant did not provide all the documentation required to make a determination on eligibility for payment. A Community Welfare Officer visited the applicant to advise her that if she was dissatisfied with the decisions, she should appeal them and she was given the relevant appeal forms to enable her to do so.
On the 28th August 2018 the applicant sought an independent review of the decision to refuse an application for an Exceptional Needs Payment made on 13th March 2018. The Reviewing Officer was satisfied that the original decision was correct based on the information to hand at the time. Her current circumstances were reviewed and the local Community Welfare Officer determined that an Exceptional Needs Payment was warranted and a payment was made on 31st August 2018.
The situation will be kept under review pending appeal.
I trust that this clarifies the matter for the Deputy.
1238. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason rent support is not being paid in the case of a person (details supplied); and if she will make a statement on the matter. [36130/18]
View answerThe purpose of Rent Supplement is to assist with reasonable accommodation costs of eligible persons living in private rented accommodation, where they are unable to provide for their accommodation costs from their own resources and do not have accommodation available to them from any other source.
The person concerned was in receipt of rent supplement since 10/01/2017 at the monthly rate of €682.31 with a total of €10,311.50 paid to date. On 26/06/2018, written notification of a claim review was issued to the person concerned. The person concerned was advised that her claim was suspended and may be closed if she failed to return the requested documents within 14 days of the date of the letter. On 25/07/2018, the claim was closed as the person concerned failed to make contact with the rents unit or to supply any of the requested documents in support of her claim. Written notification of the claim closure issued to the person concerned together with a new application pack should the person concerned wish to make another claim.
The person concerned should fully complete the SWARS1 and return with the required supporting documentation. If the person concerned wishes to pursue an application for Rent Supplement and has further queries, she can contact the South Kildare West Wicklow Rents Unit at telephone No. 01-6732155, by post at Rents Unit, PO Box 1107, Newbridge, Co. Kildare or by email at RentsSouthKildare@wefare.ie.
Due to the imminent threat of homelessness, the person concerned can contact Kildare County Council to have her long term housing needs assessed as a matter of urgency.
I trust this clarifies the matter for the Deputy.
1239. Deputy Seán Barrett asked the Minister for Employment Affairs and Social Protection if community employment supervisors are entitled to pension benefits upon retirement as was recommended at the LRC ten years ago (details supplied); and if she will make a statement on the matter. [36154/18]
View answer1251. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the steps that have been taken to provide community employment supervisors and assistant supervisors with pensions; and if she will make a statement on the matter. [36255/18]
View answerI propose to take Questions Nos. 1239 and 1251 together.
Community Employment (CE) scheme supervisors are employees of private companies in the community and voluntary sector that receive public funding. They are not employees of my Department nor are they public servants, and as such they were not subject to pay reductions under the provisions of the Financial Emergency Measures in the Public Interest (FEMPI) which only applied to public servants.
The supervisor pension scheme issue is currently being examined by a Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform.
A detailed scoping exercise was carried out with input from the Irish Government Economic and Evaluation Service (IGEES) on the potential costs of providing Exchequer support for the establishment of such a pension scheme for employees across the Community and Voluntary sector in Ireland. The exercise clearly illustrated that this matter presents very significant issues for the Exchequer, with a potential cost to the State of €188 million per annum in respect of funding to enable an employer pension contribution in State funded
Community and Voluntary organisations, excluding any provision for immediate ex-gratia lump sum payment of pension as sought, which could, depending on the size of the sector, entail a further Exchequer cost of up to €318 million.
I am very conscious that while the issue relates to Community Employment supervisors and assistant supervisors, such individuals comprise of just one group within the wider Community and Voluntary sector. However, the Deputy should note that any provision of State funding for such a scheme in respect of those employees could potentially give rise to claims for similar schemes on the part of those in the broader sector, thus crystallising the potential level of liability. Any solution to this issue will require careful consideration, in particular the implications for scarce Exchequer resources.
1240. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [36161/18]
View answerI confirm that my department received an application for carer’s allowance (CA) from the person concerned on 3 July 2018.
The application was awarded to the person concerned on 27 August 2018 with effect from 5 July 2018 and the first payment will issue to her nominated post office on 13 September 2018.
Arrears of allowance due from 5 July 2018 to 12 September 2018 will issue shortly.
The person concerned was notified on 27 August 2018 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
1241. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [36162/18]
View answerMy department received an application for carer’s allowance (CA) from the person concerned in relation to her brother on 21 June 2016.
It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention, that full time care and attention is provided and that the means of the person concerned must be less than the statutory limit.
The evidence submitted in support of this application was examined and the deciding officer decided to disallow the application for CA on three grounds: that the evidence did not indicate that the requirement for full-time care was satisfied, that although the person concerned was providing a certain amount of care, the level provided was not considered to be full-time and thirdly, that the means of the person concerned were not less than the statutory limit.
The person concerned was notified on 18 January 2017 of this decision, the reason for it and of her right of review and appeal.
The person concerned subsequently requested two reviews in relation to this decision. The outcome of the reviews was that although it was found that the care recipient required full-time care and attention, the two other qualifying conditions were still not satisfied.
On 24 April 2017 and 18 May 2017 the person concerned was notified of these review outcomes and of her right of appeal.
The person concerned appealed this decision to the Social Welfare Appeals Office (SWAO) on 13 June 2017. A submission in support of the decision was prepared and forwarded to the SWAO on 4 August 2017 for determination.
The appeal was disallowed by the SWAO on 3 April 2018.
Subsequently the matter was recalled on 22 May 2018 by the SWAO for further investigation.
On 8 August 2018, the Department received notice from the SWAO that they had revised their initial decision and allowed the appeal. Consequently CA was awarded to the person concerned on 27 August 2018, with effect from 22 September 2016. The first payment will issue to her nominated bank account on 6 September 2018.
Arrears for the period 22 September 2016 to 5 September 2018 including the 2017 and 2018 carer’s support grants will issue shortly.
The person concerned was notified on 27 August 2018 of the revised decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
1242. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [36163/18]
View answerCarer's allowance is a means-tested social assistance 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.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
I confirm that my department received an application for carer’s allowance from the person concerned on 1 June 2018.
The applicant was employed in excess of 15 hours per week and ceased employment on 30 July 2018.
The application was awarded to the person concerned on 15 August 2018 with effect from 2 August 2018 and the first payment issued to his nominated bank account on 23 August 2018.
Arrears of allowance due from 2 August 2018 to 22 August 2018 also issued on 23 August 2018.
The person concerned was notified on 15 August 2018 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
1243. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [36164/18]
View answerI confirm that the department received an application for Carer's Allowance (CA) from the person concerned on 12 April 2018.
It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer (DO) decided that this evidence did not indicate that the requirement for full-time care and attention was satisfied.
The person concerned was notified on 23 July 2018 of this decision, the reason for it and of her right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of his application.
This additional information is currently under consideration.
Once the review is complete, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
1244. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [36165/18]
View answerCarer'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.
An application for CA was received from the person concerned on 7 June 2018.
This application was awarded to the person concerned on 27 August 2018 and the first payment will issue to her nominated bank account on 13 September 2018.
Arrears of allowance due from to 7 June 2018 to 12 September 2018 will also issue.
The person concerned was notified of these details on 27 August 2018.
I hope this clarifies the matter for the Deputy.
