Written Answers Nos. 85-102
85. Deputy John Brady asked the Minister for Employment Affairs and Social Protection her plans to allow an entitlement to a widow’s pension in certain circumstances and not solely dependent on marital status; and if she will make a statement on the matter. [38818/18]
View answerThe Widow’s, Widower’s and Surviving Civil Partner’s pension is paid to the husband or wife of a deceased person and is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or on that of the deceased spouse, provided the applicant is not cohabiting.
The legal context governing relationships such as marriage is regulated by the Minister for Justice and Equality. Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties that do not exist in law between co-habiting couples. Widows, widowers and surviving civil partners, who become bereaved, therefore, lose someone who had legal duties towards them, and the social welfare code recognises this by providing a pension to them, subject to certain conditions.
It was for these reasons that the social welfare supports for widows and widowers were extended to surviving civil partners from 1 January 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force.
Awarding widows pensions, or a similar benefit, to people who are not legally widows, widowers or surviving civil partners would involve a significant income support policy change and could also be very costly. The basis on which a person would become entitled to such a pension, would require significant consideration and raise complex challenges. Accordingly, I have no plans to change current legislation and arrangements.
I hope this clarifies the matter for the Deputy.
86. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection her plans to review the criteria for the awarding of the carer's support grant; and if she will make a statement on the matter. [38851/18]
View answerThrough the commitments contained in both the Programme for Government and in the National Carers’ Strategy, the Government recognises the crucial role that family carers play in Irish society and is fully committed to their support through a range of supports and services. The main income supports provided by my Department include carer's benefit, domiciliary care allowance, carer's allowance and the carer's support grant. Spending on these payments in 2018 is expected to amount to almost €1.2 billion.
The Carer’s Support Grant (CSG) is paid automatically to people in receipt of Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance or Prescribed Relative’s Allowance. Other people who are not in receipt of a social welfare payment but who are providing full time care and attention are also eligible and can apply for the grant. The payment is made regardless of the carer's means but is subject to certain conditions, one of which is that the period of full-time care and attention must last for at least six months. This period of care must include the first Thursday in June.
The CSG, as an annual payment in a single lump sum with no requirement to satisfy a means test, is not available for any other group nor is there an equivalent payment for carers in any other country in Europe.
While my Department keeps the qualifying criteria for schemes under regular review, any changes to qualifying criteria would have to be considered in an overall budgetary context.
88. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection her plans to restore the bereavement grant and the fuel allowance grant to 32 weeks in view of the recommendations of a report by an organisation (details supplied); and if she will make a statement on the matter. [38856/18]
View answerDuring the economic downturn, my Department protected primary social welfare rates and in recent years, as the economy recovered, the Government has concentrated resources in improving the core rates of payments, particularly for pensioners. Abolishing the bereavement grant provided a significant annual saving and allowed my Department to protect other core social welfare payments such as the State pension.
The number of bereavement grant claims in 2013 was 23,716, and this represented an increase of approximately 4% on 2012. Based on a similar yearly increase each year since 2013, it is estimated that the number of bereavement grant claims that might arise in 2019, were the scheme to be re-introduced, would be in the region of 30,000, and the number would be expected to increase in future years. Accordingly, if there were 30,000 such grants made in 2019, at a rate of €850 each, the cost would be approx. €25.5 million.
Any decision to reinstate the Bereavement Grant would have to be considered in the context of overall budgetary negotiations.
It’s worth noting that there are a range of supports available for people following bereavement which provide more significant support than the grant. These include weekly-paid widow's, widower's or surviving civil partner’s (contributory and non-contributory) pensions, which are based on contributions or a means test, and a once-off widowed or surviving civil partner grant of €6,000 where there is a dependent child.
A number of social welfare payments, including State pension, continue in payment for six weeks following a death. In Budget 2016, the Government increased the payment after death period to 12 weeks for carer’s allowance. Guardian payments are available where someone cares for an orphaned child. A special funeral grant of €850 is paid where a person dies because of an accident at work or occupational disease.
Under the SWA scheme, the Department of Social Protection may make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from their weekly income, which may include help with funeral and burial expenses.
The cost of an additional week of fuel allowance is estimated at approx. €8.6 million. Extending the duration of the scheme from 27 to 32 weeks would therefore cost an estimated €42.9 million. Any decision to extend the duration that fuel is paid for would have budgetary consequences and would have to be considered in the context of budget negotiations.
Exceptional needs payments can be made under the supplementary welfare allowance scheme towards heating needs e.g. purchase of oil, solid fuel, heating bills etc.
I hope this clarifies the matter for the Deputy.
89. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when the report on the future of local employment services is due to be published; and if she will make a statement on the matter. [38770/18]
View answerMy Department commissioned Indecon to conduct a review of the Local Employment and Job Club services. This review is the first significant independent review that has been commissioned since the Local Employment Services (LES) and Job Clubs were established. The review will help inform future decisions regarding how the Department contracts, monitors and procures for these services.
The final report is currently under active consideration within my Department. The findings of the report will be discussed with the contractors shortly and their observations sought. The report contains contractual and performance information relating to some 63 contractors and my Department must therefore consider any obligations under the terms of the existing contracts before deciding whether it is appropriate to publicise the reports in their entirety.
I hope this clarifies the matter for the Deputy.
92. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection if a grandfathering clause will be included for persons who were self-employed but had to give up work due to invalidity before the introduction of invalidity pension for the self-employed. [38655/18]
View answerThe Government is committed to encouraging self-employment and entrepreneurship and this includes improving the level of PRSI based benefits available to self-employed people while ensuring the sustainability of the social insurance fund.
Self-employed contributors have been eligible for the invalidity pension since December 2017. For the first time, this has given the self-employed access to a social insurance based income support if they become permanently incapable of work as a result of an illness or disability without having to go through a means test. This represented a real improvement in the level of social insurance cover available to the self-employed even though the level of contribution was not increased. When deciding to extend access to this benefit to the self-employed, Government wanted to ensure that it was on a similar basis to that of those in employment.
To qualify for an Invalidity Pension from the Department, a self-employed person or employee must have 260 PRSI paid contributions (Class A, E, H or S) since they started paying social insurance and 48 PRSI paid or credited contributions (Class A, E, H or S) in the last complete contribution year or the second last contribution year before the date of their claim. Contributions outside of the reference period cannot be assessed for the purposes of establishing the required 48 paid or credited contributions.
A person, with the required 260 paid PRSI contributions, applying for Invalidity Pension in 2018 must therefore have 48 paid or credited contributions in either 2016 or 2017 to meet the contribution conditions of the scheme.
It would not be possible to introduce special arrangements for self-employed without breaching the original objective of this measure which was that it would be done on the same basis as employed contributors.
I hope this clarifies the issue for the deputy.
94. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection the services for which a public services card is required; the categories and details of data contained on the card; the Departments and or agencies with which such information may be shared; and if she will make a statement on the matter. [38867/18]
View answerSAFE Level 2 registration is carried out by my Department and allows a person to verify their identity once, not just for access to services provided by this Department but also for a number of public services. Once a person completes a SAFE 2 registration, they may be issued with a Public Services Card (PSC) as a physical token that proves they have had their identity verified to the SAFE 2 standard.
It is designed to replace other cards within the public sector such as the free travel pass and the social services card of this Department and to make it easy for providers of public services to verify the identity of customers.
While it is a matter for each public service provider to determine the appropriate level of identity verification required for each of its services, it is Government policy that SAFE 2 registration is required for access to services that need substantial proof of a person’s identity. SAFE 2 identity verification is currently required for the following services:
- Access to Social Welfare Services and for the purpose of PPSN allocation;
- First time adult passport applicants in the State;
- Replacement of lost, stolen or damaged passports issued prior to January 2005, where the person is resident in the State;
- Citizenship applications;
- Online renewal of Driving Licences; and
- Access to high value or personal online public services through MyGovID, which is the identity authentication mechanism for accessing public services online.
The primary legislative provisions for SAFE registration and identity verification are set out in the Social Welfare Consolidation Act, 2005 (as amended). Sections 262 and 263B provide for the verification of identity for issuance and use of a PPS Number and Sections 263, 263A and 263B provide for the verification of identity for issuance, use and cancellation of a PSC.
The following data items appear on the card and are stored on the chip:
- the name of the person:
- the person's personal public service number (PPSN);
- the person's photograph;
- the signature of the person;
- the issue number of the PSC; and
- the expiry date of the PSC.
Additional items stored on the chip are:
- the date of birth of the person;
- the place of birth of the person;
- the sex of the person;
- the person's nationality;
- all former surnames (if any) of the person; and
- all former surnames (if any) of the mother of the person.
The Public Services Identity (PSI) dataset is defined in Section 262 (1) of the 2005 Act (as amended). The legislative basis which allows for data sharing of the PSI data between specified public bodies, is provided for under section 262 (1). The specified public bodies that may use PSI data under Sections 260-265 of the 2005 Act (as amended) is contained in Schedule 5 of the said Act.
At present, a PSC cannot be requested by any public or private body or person not included as a specified body in Schedule 5 of the 2005 Act (as amended). The PSC can only be used by public bodies specified in the legislation in the context of conducting a public transaction with the person concerned.
I hope this clarifies the matter for the Deputy.
95. Deputy Mick Wallace asked the Minister for Employment Affairs and Social Protection if she is satisfied that the independence of her Department's data protection officer is sufficiently respected; and if she will make a statement on the matter. [38846/18]
View answerSection 4 of the General Data Protection Regulation deals with the appointment and role of a Data Protection Officer. All public authorities and bodies including Government department's are required to designate a Data Protection Officer (DPO). The Department has appointed a Data Protection Officer in line with the GDPR.
As the Deputy is aware, the functions of the Data Protection Officer include monitoring overall compliance with the Regulation; providing information and advice to the data controller; liaising with the Regulator and providing training, advice and support on all matters arising from the GDPR.
As is appropriate, my Department's Data Protection Officer is involved in all aspects relating to the processing of personal data and the on-going work of GDPR compliance.
I have no concerns as to the independence of the data protection officer in the Department.
96. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection if the domiciliary care section will accept private diagnosis and medical reports from applicants; and if she will make a statement on the matter. [38864/18]
View answerDomiciliary care allowance is payable in respect of children who have a severe disability resulting in the need for substantial extra care and attention compared to other children of the same age without that disability. Eligibility is determined on the additional care required by the child and not on the particular disability.
Medical evidence and detail on the diagnosis is accepted from any relevant qualified medical professional attending the child, irrespective of whether the diagnosis is obtained privately or not.
Before a decision is made on a domiciliary care allowance application, the deciding officer forwards the application in its entirety, including all the medical evidence supplied, to one of the Departments medical assessors for their professional opinion on the care needs resulting from the disability. The deciding officer having received the opinion of the medical assessor then examines the application in full before making a decision.
All medical evidence provided by qualified professionals in regard to the diagnosis of the child's medical condition, the prognosis of the condition and the impact on the child's care needs is carefully considered by both the medical assessor and deciding officer before reaching a decision on eligibility.
I hope this clarifies the matter for the Deputy.
97. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the priority legislative proposals she will be bringing forward to deal with issues affecting workers such as the growth of bogus and precarious employment contracts, restrictions on the right to join a representative body and have it recognised by employers; her plans to include safeguards to existing defined benefit pensions schemes in view of the changed remit of her Department; and if she will make a statement on the matter. [38855/18]
View answerOn 7th December 2017, I published the Employment (Miscellaneous Provisions) Bill 2017. The Bill delivers on the commitment in the Programme for a Partnership Government to tackle the problems caused by the increased casualisation of work and to strengthen the regulation of precarious work. This is a very important piece of legislation which will improve the security and predictability of working hours for employees on insecure contracts and those working variable hours in all sectors of employment.
It provides for five key issues which will benefit all employees, particularly those in less secure employment arrangements:
- Ensuring that employees are better informed about the nature of their employment arrangements and, in particular, their core terms at an early stage of their employment.
- Strengthening the provisions around minimum payments to low-paid, vulnerable employees who may be called in to work for a period but not provided with that work.
- Prohibiting zero hours contracts in most circumstances.
- Ensuring that workers on low hour contracts, who consistently work more hours each week than provided for in their contracts of employment, are entitled to be placed in a band of hours that better reflects the reality of the hours they have worked over an extended period.
- Strengthening the anti-penalisation provisions for employees who try to invoke a right under this Bill.
The Bill completed Report and Final Stage in the Dáil on 12th July 2018. However, I am concerned that the Bill as amended at Report Stage in the Dáil includes provisions which have the potential to significantly delay the progress of the Bill. This is because one amendment in particular, which could have far reaching implications for a broad range of stakeholders, needs to be subject to a thorough scrutiny and consultation process.
Under the Social Welfare Consolidation Act, there are specific offences in relation to employment contributions, their remittance and the maintenance of prescribed wages and employment records. This includes bogus self-employment where employers seek to wilfully evade income tax and social insurance liabilities. On conviction fines and or imprisonment can ultimately be imposed.
Regarding Defined Benefit pensions, Second Stage of the Social Welfare, Pensions and Civil Registration Bill 2017 concluded on 4th October 2017. Government approval to draft provisions for a number of additional items to be included in the Bill at Committee Stage was subsequently obtained and these included measures to respond to the ongoing difficulties in Defined Benefit schemes. These measures are designed to improve protections for scheme members and ensure that schemes in difficulty will be closely monitored and will be managed to improve their funding position. These provisions are technical and involve complex policy issues. When these issues have been resolved and amendments approved by Government, an early date will be requested for Committee Stage.
Finally, the right to join an employee representative body and have it recognised by employers is an industrial relations matter. Policy responsibility for industrial relations matters remains with my colleague the Minister for Business, Enterprise and Innovation.
98. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection her plans for a cold weather fuel payment for 2019; and if she will make a statement on the matter. [38859/18]
View answerThe Fuel Allowance Scheme is means tested and assists pensioners and other welfare dependent householders with meeting the cost of their heating needs during the winter season. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet those costs in full.
The scheme operates over the colder weather period (currently 27 weeks). The allowance is €22.50 per week and was increased from €20 per week in the 2016 Budget.
Only one Fuel Allowance is paid to a household. It is payable to those who are in receipt of a long-term social welfare payment, who satisfy a means test, and who are either living alone or only with;
- a qualified spouse/civil partner/cohabitant or qualified child(ren);
- a person in receipt of a qualifying payment who would be entitled to the allowance in their own right;
- a person in receipt of Carer's Allowance or Carer's Benefit in respect of providing full time care and attention to the applicant or their qualified spouse/civil partner/cohabitant or qualified child(ren); or
- a person receiving short term Jobseeker's Allowance or the Basic Supplementary Welfare Allowance (less than 391 days).
An applicant in receipt of a means-tested qualifying payment is automatically deemed to have satisfied the means test for the Fuel Allowance. For the fuel season 2017/18 there were some 365,000 customers in receipt of the Fuel Allowance. This figure has decreased in recent years in line with the live register figure.
My Department is very aware of the hardship that all people, including fuel allowance recipients, face during adverse weather conditions. Members of the Department attended the National Emergency Centre during adverse weather conditions, to ensure a coordinated and quick response to help our customers. During the severe weather in March this year the Department automatically paid all people in receipt of the Fuel Allowance an extra payment of €22.50 at that time. This was the equivalent of an additional week’s payment of the Allowance and this was to ensure our customers were safe and warm.
Exceptional needs payments can be made under the supplementary welfare allowance scheme towards heating needs e.g. purchase of oil, solid fuel, heating bills etc.
I hope this clarifies the matter for the Deputy.
99. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if she has received a pre-budget submission from an organisation (details supplied) outlining its various proposals and recommendations; if so, her views on these proposals; and if she will make a statement on the matter. [38772/18]
View answerThe Government acknowledges the crucial role that family carers play in Irish life and is fully committed to supporting carers in their role. This commitment is recognised in both the Programme for a Partnership Government and the National Carers’ Strategy. It is also reflected in the fact that my Department expects to spend in the region of €1.2 billion during 2018 on providing supports to carers and their families.
I have received the pre-Budget submission referred to by the Deputy and can confirm that it is being considered as part of the overall budgetary process within my Department. I should also say that there are a number of proposals in the pre-budget submission fall outside of the immediate responsibility of the Department of Employment Affairs and Social Protection to other Departments and offices.
In order to learn of and assess priorities of representative bodies, as well as giving consideration to pre-Budget submissions, my Department normally hosts an annual pre-Budget Forum which representative bodies attend. Furthermore, my Department engages regularly with carers’ representative groups and also hosts the Annual Carers’ Forum to review progress under the National Carers Strategy.
Issues such as extending allowances or increasing means test thresholds are discussed at these events. This engagement has helped inform some considerable improvements that have been introduced for carers in recent years. In Budget 2016, the Carer’s Support Grant was increased to €1,700 in addition to other measures benefitting carers including extending the period when CA can be paid following the death of a care recipient from 6 to 12 weeks. Budget 2017 introduced a measure that extends payment of CA for 12 weeks where the care recipient enters permanent residential care.
The pre-Budget Forum was held in Dublin Castle in July this year and it was an opportunity for me to meet with many groups from the community and voluntary sector, including carers representative groups and to gain a deeper insight into the issues they are most concerned about in the context of the upcoming budget.
100. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of persons who have been referred to JobPath after completing the scheme in full for a second time since its introduction; and if she will make a statement on the matter. [38815/18]
View answerJobPath is designed to support people who are long term unemployed to obtain and sustain employment in the open labour market. The JobPath companies have no role in selection of jobseekers for referral to the service. My Department selects clients for the JobPath service by means of a random selection process and protocols for selection currently preclude the selection of anyone who has already completed 52 weeks with the JobPath service within the previous four months.
If, however, at the end of this specified period the jobseeker has not engaged in other activation supports and services they then become eligible for selection for a second period of activation on the JobPath programme.
Since July 2015, just over 11,000 jobseekers have commenced a second engagement period with the service, having availed of the service for one year previously.
For those jobseekers returning to the JobPath service for additional assistance in their search for employment, a Personal Advisor will review their previous experience with JobPath. They will then agree a new personal progression plan, which will be developed to build on their previous engagement including tackling any barriers to employment they may have.
I trust this clarifies the matter for the Deputy.
101. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the status of her Department’s work towards introducing a total contributions approach for the State pension; and if she will make a statement on the matter. [38817/18]
View answerThe Government intends to introduce a Total Contributions Approach (TCA) to establishing level of entitlement for all new state pension contributory claims from 2020 onwards (TCA2020). I launched a public consultation on this proposal earlier this year in May.
The consultation sought input on a range of relevant factors which included the amount of contributions needed for a full rate contributory state pension, the amount of credited contributions a person could avail of, the provision of homecaring periods and whether there would be a "phase-in period" for the changes.
The online consultation lasted for over 3 months and closed on 3 September. We received over 270 responses from both individuals and representative organisations.
An analysis of the views submitted is now being undertaken and feedback will be published on the Department's website.
Following examination and consideration of the submissions to the consultation, my officials will prepare proposals for the design of the new approach for consideration by the Government in due course.
I hope this clarifies matters for the Deputy.
102. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection her views on the recent recommendation by a group (details supplied) that a living wage of €11.90 per hour is required for workers to meet their basic average outgoings; if legislation will be introduced to allow for an increase in the minimum wage; and if she will make a statement on the matter. [30632/18]
View answerLegislation in relation to the setting of the National Minimum Wage has existed since 2000. More recently, the Low Pay Commission was established in 2015 and its primary function is, on an annual basis, to examine and make recommendations on the national minimum wage, with a view to providing for incremental adjustments which do not impact negatively on jobs or competitiveness. The Commission thus takes an evidence-based approach to its recommendations, having regard to changes in earnings, productivity, overall competitiveness and the likely impact any adjustment will have on employment and unemployment levels.
The Commission’s recommendations to date have been accepted by Government, resulting in an increase in the National Minimum Wage between January 2016 and January 2018 of over 10% (from €8.65 to €9.55 per hour). The Commission’s most recent report was published in July 2018, recommending a further increase to €9.80 per hour.
A decision by Government in relation to this recommendation will be announced in the context of Budget 2019, and a resulting increase in the National Minimum Wage Act 2000 would be effective from 1 January 2019.
The most recent figures published by Eurostat (August 2018) show that Ireland has the second highest national minimum wage of any country in the EU at €1,614 per month, behind only Luxembourg whose minimum wage is €1,999 per month (for comparison purposes Eurostat converts countries’ hourly or weekly rates into monthly rates). Allowing for purchasing power standards, Ireland drops to sixth place, but still remains in the group with the highest minimum wage rates in the EU.
It is important that Ireland’s statutory National Minimum Wage and the Living Wage concept are not conflated. The Living Wage is a voluntary societal initiative centred on the social, business and economic case to ensure that, wherever it can be afforded, employers will pay a rate of pay that provides an income that is sufficient to meet an individual’s basic needs, such as housing, food, clothing, transport and healthcare. As a voluntary initiative, the Living Wage has no legislative basis and confers no statutory entitlement. The National Minimum Wage, on the other hand, has a legislative basis and confers a statutory entitlement on employees, and a statutory obligation on employers.
I currently have no plans to bring forward proposals regarding the Living Wage outside of the legislative based work of the Low Pay Commission. The setting of wages is a matter between employers and employees, which takes place in the context of the market, and Government does not interfere unduly in the process. More generally, this area comes within the remit of my colleague the Minister for Business, Enterprise and Innovation, through her Department’s responsibilities for industrial relations issues generally and wage-setting mechanisms such as Registered Employment Agreements (REAs), Joint Labour Committees (JLCs) and Sectoral Employment Orders (SEOs).
