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Tuesday, 6 Nov 2018

Written Answers Nos. 1096-1119

Back to Education Allowance Applications

Questions (1096)

Brendan Griffin

Question:

1096. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a period when a person (details supplied) in County Kerry was in receipt of illness benefit will be taken into account when assessing the qualifying period in a back-to-education allowance application; and if she will make a statement on the matter. [45289/18]

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Written answers

The customer named applied for Back to Education (BTEA) – Third Level Allowance on 15 August 2018. He wished to undertake a level 7 degree commencing on 17 September 2018 - accordingly, he was required to have 234 days paid immediately prior to this date.

On 3 September his application was refused due to ‘insufficient paid days’. He had 148 paid days up to and including 29 September 2018.

On 10 September 2018, his Jobseekers Benefit exhausted (having reached 156 paid days).

On 23 September 2018 he submitted a request to review of his BTEA decision.

On 24 September 2018, he requested that his claim be closed and to date he has not made a repeat application.

When reviewing his BTEA application, the following were considered:

- Client was on Jobseeker's Allowance from 20 October 2014 to 24 February 2015 (65 paid days)

- Client was on Illness Benefit from 02 May 2016 to 9 August 2016 (No paid days as he did not qualify)

- Client was on Jobseeker's Benefit from 15 January 2018 to 10 September 2018 (156 paid days)

In relation to Illness Benefit the BTEA Guidelines state that to qualify a person must be on that payment for 2 years or more. However, periods spent on Illness Benefit can count towards the qualifying period if the customer qualifies from another payment. Half of the qualifying period must relate to the qualifying payment.

The decision reached was that the period spent on Illness Benefit could not be counted under his BTEA application as:

- The customer did not qualify for the payment

- There is no paid days from this payment

In addition he did not qualify from the Jobseeker's Allowance claim (20 October 2014 to 24 February 2015) as those schemes do not link.

The Deciding Officer also took into account the guidelines in relation the periods of time spent on qualifying payments including:

- Periods spent on any qualifying payment which are not broken by more than 12 months can be used in determining if an applicant satisfies the qualifying period.

It was concluded that there cannot be a break of more than 12 months, and in this case there was a break of 17 months between his Illness Benefit claim and his Jobseeker's Benefit claim; therefore, his 65 paid days while on Jobseeker's Allowance claim cannot be considered.

In the decision notification, the customer was advised that there is strict adherence to the condition of being in receipt of qualifying Social Welfare payment for a specified period of time (234 days) as per guidelines.

I trust this clarifies the matter.

Illness Benefit Applications

Questions (1097)

Charlie McConalogue

Question:

1097. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection the status of an illness benefit claim by a person (details supplied); when arrears will issue in this case; and if she will make a statement on the matter. [45321/18]

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Written answers

Illness Benefit arrears have issued to the person concerned and the claim is now paid up to date. The customer is certified to 10th February 2019.

I trust this clarifies the matter for the Deputy.

Partial Capacity Benefit Scheme Applications

Questions (1098)

Michael Healy-Rae

Question:

1098. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a partial capacity benefit for a person (details supplied); and if she will make a statement on the matter. [45323/18]

View answer

Written answers

An application for PCB was received from the person concerned on 10th April 2018. She has now been assessed medically eligible for PCB with a moderate level of restriction on her capacity to work. This means the individual will be entitled to 50% of her current personal rate of Invalidity Pension if she chooses to take up employment.

However, IB payments for the person concerned have been exhausted. This means that if PCB is awarded, it will be for credits only until she meets the conditions for further payment.

Thereafter, the individual can re-qualify for PCB by either (i) being deemed eligible for Invalidity Pension or (ii) re-qualifying for IB with 13 weeks of reckonable PRSI contributions paid beyond the date that the current IB claim exhausted.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits Applications

Questions (1099)

Michael Healy-Rae

Question:

1099. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a free fuel allowance and the living alone allowance application by a person (details supplied); and if she will make a statement on the matter. [45325/18]

View answer

Written answers

The person concerned has been awarded invalidity pension with effect from 12 July 2018. Living alone allowance and free fuel allowance have also been awarded.

Payment will issue to their nominated bank account on 22 November 2018. Any arrears due from 12 July 2018 to 21 November 2018 (less any overlapping social welfare payment) will issue as soon as possible.

The person concerned was notified of this decision on 05 November 2018.

I hope this clarifies the matter for the Deputy.

Back to School Clothing and Footwear Allowance Scheme Applications

Questions (1100)

Éamon Ó Cuív

Question:

1100. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the reason a change was made to the BSCFA process by which persons who usually receive the payment automatically had to send in a new application in 2018; the further reason persons were not informed individually of this change; if applications made after the closing date will be considered; and if she will make a statement on the matter. [45331/18]

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Written answers

The 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.

The payment rates for this year are €125 for eligible children aged 4 to 11 years and €250 for children aged over 12 years and attending secondary school.

Since 2010, in excess of 100,000 customers can be identified every year from the Department's information systems as having an automatic entitlement to the allowance. These customers are notified of their entitlement and there is no requirement for them to make an application. In addition, approximately 45,000 customers may have an entitlement but need to apply to have this entitlement assessed.

Similar to arrangements in previous years, the majority of this year’s BSCFA payments for 104,461 families in respect of approximately 190,308 children were fully automated and parents were not required to make an application to the Department. The total amount paid to families with an automatic entitlement was €33.45m and these payments were made during the week commencing 9th July 2018.

In order to qualify for an automated payment the parent of the child must have been in receipt of a qualifying payment that included an increase in respect of a qualified child at the commencement of the scheme and the Department were satisfied that the household satisfied the means test for the scheme. The scheme for the school year 2018/2019 commenced from the 1st June 2018 with the entitlement created based on the preceding week's entitlement.

The back to school clothing and footwear allowance is a means-tested allowance. Qualifying for the allowance in a previous year does not in any way guarantee the customer will receive it in a current year and many customers, especially those who had a change in their means or circumstance, needed to make an application for the payment for this year in order to have their entitlement validated. Customers with children aged 18 years or over also needed to apply and provide confirmation that the children were in full-time second-level education. Therefore it is not possible to inform customers individually in advance that they may or may not have an entitlement.

Customers who may have received BSCFA in previous years and did not receive written confirmation of entitlement for this year by end-June needed to make an application. This has been the case since 2010 and there was no change in the procedure this year. The Back to School Clothing and Footwear Allowance scheme was open for new applications until 30 September 2018. The scheme is now closed and no new applications can be considered.

To date (1 November 2018) 143,829 families have been awarded the allowance in respect of 266,078 children, 11,013 applications have been refused and 385 are awaiting a decision. Those awaiting a decision are cases where the customer has applied for a social welfare payment and their application for a BSCFA cannot be processed until a decision is made on their main application. Expenditure to date on the scheme is €47.3m.

I hope this clarifies the matter for the Deputy.

Defined Benefit Pension Schemes

Questions (1101)

Clare Daly

Question:

1101. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the status of the Social Welfare, Pensions and Civil Registration Bill 2017, specifically the proposed amendments to the Bill dealing with defined benefit pension schemes; and the likely date on which the Bill will be taken on Committee Stage in the Houses of the Oireachtas. [45340/18]

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Written answers

As the Deputy is aware, the General Scheme of the Social Welfare and Pensions Bill 2017 (now the Social Welfare, Pensions and Civil Registration Bill 2017) was published in May 2017 and contained a number of key measures relating to defined benefit pension schemes. These proposed provisions will ensure that an employer cannot “walk away” at short notice from the pension scheme it is supporting. They seek a middle road between the current position where employers can abandon DB schemes and full and immediate debt on employer provisions. The measures will act to support existing provisions in the Pensions Act and will provide for further protection for scheme members’ benefits and enhance employer responsibilities for their schemes.

The Second Stage of the Social Welfare, Pensions and Civil Registration Bill 2017 concluded on 4 October 2017.

In July 2018, Government approval was obtained to draft additional provisions to be included in the Bill at Committee Stage including provisions relating to defined benefit schemes.

A key priority for the Government is to provide additional protections for scheme members’ pension benefits. However, it is essential that any new measures recognise the current pension landscape in Ireland so that a balanced, proportionate approach is developed and that unintended negative consequences do not arise.

Under existing pensions law, there is no legislative obligation on the employer to make contributions to a scheme. However, the provisions of this Bill will introduce a new regime into the Pensions Act 1990 which will, amongst other things, enable the Pensions Authority to make a funding obligation direction specifying payments to be made by a sponsoring employer to the pension scheme where no agreement is reached, within a specified time period, to resolve a funding deficit.

The defined benefit pension provisions are very technical and involve complex policy issues. In order to achieve a resilient solution it has been necessary to consult with and obtain numerous legal advices from the Office of the Attorney General on various aspects of this policy. When these matters have been resolved and amendments approved by Government, an early date for Committee Stage will be requested.

I hope this clarifies the matter for the Deputy.

Disability Allowance Eligibility

Questions (1102)

Bernard Durkan

Question:

1102. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the grounds upon which it has been decided that a person (details supplied) is no longer eligible to receive disability allowance; and if she will make a statement on the matter. [45373/18]

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Written answers

The person concerned was asked on 4 September 2018 to submit a medical report so that his continuing eligibility to disability allowance (DA) could be established.

The information received was examined and a request for further medial evidence was sent to the person concerned on 19 October 2018. Once this information is received and a decision is made on their continuing eligibility they will be notified directly of the outcome.

At present their DA is still in payment pending the outcome of this review.

I trust this clarifies the matter for the Deputy.

Partial Capacity Benefit Scheme Payments

Questions (1103)

Patrick O'Donovan

Question:

1103. Deputy Patrick O'Donovan asked the Minister for Employment Affairs and Social Protection if she will address a matter regarding the case of a person (details supplied); and if she will make a statement on the matter. [45375/18]

View answer

Written answers

The person concerned was in receipt of a PCB payment until July 2017.

However, a new application is needed as the most recent medical opinion has expired. One of my officials is contacting the person concerned to establish whether they wish to submit a new application and, if so, to assist them in this regard.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits Applications

Questions (1104)

Tom Neville

Question:

1104. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [45401/18]

View answer

Written answers

The person concerned does not satisfy the social insurance (PRSI) conditions for the award of Illness Benefit as self-employed contributions are not reckonable for this scheme. If he is experiencing urgent financial difficulty, he should contact the Community Welfare Service though his local Intreo Centre.

I trust this clarifies the matter for the Deputy.

Wage-setting Mechanisms

Questions (1105)

Carol Nolan

Question:

1105. Deputy Carol Nolan asked the Minister for Employment Affairs and Social Protection her plans to put safeguards in place to protect employees in the hospitality and tourism industry such as hairdressers to ensure that the 4.5% increase in the VAT rate from 9% to 13.5% will be passed on to customers and will not result in a reduction of wages for those in the sector; and if she will make a statement on the matter. [45446/18]

View answer

Written answers

The Department of Employment Affairs and Social Protection has a very particular and limited role in relation to wage setting, and this is restricted to the setting of the National Minimum Wage (on the basis of recommendations from the Low Pay Commission). In terms of wage-setting generally, however, the Department of Business, Enterprise and Innovation, through its responsibilities for industrial relations matters, has a role with regard to relations between businesses and employers and their employees, and in relation to wage-setting more particularly through mechanisms such as Registered Employment Agreements, Joint Labour Committees and Sectoral Employment Orders, in the context of the industrial relations and wage bargaining spheres. Matters therefore, which do not arise from any unlawful deductions from wages but rather to any knock-on impact on earnings of employees arising from cost-savings measures implemented by employers would be a matter for my colleague the Minister for Business, Enterprise and Innovation.

The Payment of Wages Act 1991 establishes a range of rights for all employees in relation to payment of wages, one of which is protection against unlawful deductions from wages. However, section 5 of the Act permits an employer to make the following deductions (or receive the following payments) from the wages of an employee:

(a) any deduction (or payment) required or authorised in legislation;

(b) any deduction or payment required or authorised by a term of the employee’s contract; and

(c) any deduction agreed to in writing in advance by the employee.

Any change to an employment contract must be agreed between the employer and the employee. The requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law. It is also important to note that the provisions of the National Minimum Wage Act 2000 would continue to apply even in a situation where a negotiated reduction might be agreed between the parties.

The Payment of Wages Act provides that, where an employee considers that there may have been a contravention of the Act, the employee may submit a complaint to the Workplace Relations Commission (WRC) within 6 months of the date of the alleged contravention. The Workplace Relations Customer Service Section of the WRC provides information on employees’ rights and how to obtain redress if an employee considers that their employment rights may have been infringed. They can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. The Single Complaint Form for submitting complaints regarding breaches of employment rights is also available at www.workplacerelations.ie. An explanatory booklet on the Payment of Wages Act is also available on that website.

Ministerial Meetings

Questions (1106)

Mattie McGrath

Question:

1106. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection the details of engagements, meetings or correspondence that each Minister of State in her Department has had with a person (details supplied) in the past three years; and if she will make a statement on the matter. [45457/18]

View answer

Written answers

I have not met the named person or representatives of companies in the past three years to date.

Illness Benefit Payments

Questions (1107)

Brendan Griffin

Question:

1107. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection when an illness benefit payment will be processed in the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [45469/18]

View answer

Written answers

The Illness Benefit claim for the person concerned has now been processed and all arrears owing have been issued.

I trust this clarifies the matter for the Deputy.

JobPath Programme

Questions (1108)

Catherine Murphy

Question:

1108. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the financial and other supports provided to jobseekers who are engaging with the JobPath programme and who by virtue of their geographical position find themselves unable to travel to a potential employment opportunity and have difficulty in attending JobPath sessions due to financial constraints and lack of public transport; if her attention has been drawn to the fact that in some areas employment opportunities are virtually non-existent and persons in the various jobseeker programmes cannot either find jobs or travel to jobs; and if she will make a statement on the matter. [45495/18]

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Written answers

The primary goal of my Department’s activation services, including the JobPath service, is to move people from unemployment to full-time and sustainable employment.

The JobPath contracts provide that a person should not have to travel more than 60 minutes in normal circumstances to attend an appointment. Where a person has transport difficulties, the JobPath provider will assist the person with travel options including tailoring the service around their particular travel arrangements if necessary.

Both companies contracted to provide the JobPath service on behalf of my Department, Seetec and Turas Nua, have their own discretionary funds available to provide jobseekers engaged with their service with a range of supports based on an assessment of individual needs. This includes reasonable travel costs for the purposes of attending meetings with their personal advisor or attending interviews or other meetings associated with potential job opportunities. An immediate reimbursement is given on production of a ticket or other evidence of travel. On a case by case basis, the JobPath providers may also pay for items such as personal protective equipment, tools, work clothing, Private Security Authority (PSA) licences and may also arrange and pay for specific skills training if required by a jobseeker for a particular job opportunity.

The JobPath providers may also use their own funds on a discretionary basis to support JobPath participants in the early stages of employment if appropriate.

The JobPath providers engage with employers and employers' bodies in all areas of the country and across a range of employment sectors to establish vacancies and to understand the needs of employers in assisting job seekers to return to the workforce.

The current Government policy to reduce unemployment is twofold. First, through policies set out in the Action Plan for Jobs, to create an environment in which business can succeed and create jobs; and second, through Pathways to Work to ensure that as many of these new jobs and other vacancies that arise in our economy are filled by people taken from the Live Register.

I recently introduced a new work experience programme targeted specifically at young jobseekers who are long-term unemployed or who face significant barriers to gaining employment. The new Youth Employment Support Scheme (YESS) will provide young jobseekers with the opportunity to learn basic work and social skills in a supportive environment while on a work placement and at the same time improving their employment prospects. Participation on the scheme will be wholly voluntary and participants will receive an allowance of €229.20 per week for the duration of their placement.

Reflecting the impact of government policy, and the overall improvement in the labour market:

- the monthly unemployment rate has dropped consistently over the past year and has now fallen to 5.3%, as of October 2018. This means that there are now about 29,000 fewer people out of work in Ireland compared to October 2017;

- Youth unemployment continues to fall with a rate of 12% in October 2018 estimated by CSO, down from a peak rate of almost 32% in 2012. The youth unemployment rate now lies significantly below the EU-28 average rate of 15.8%;

- Latest available data shows that the long-term unemployment rate has fallen from a peak of 9.5% in 2012 to 2.0% in Q2 2018. The actual number of people out of work for a year or more has fallen by more than three-quarters, from 215,000 in early 2012 to just under 50,000 now. Long-term unemployment can be expected to fall further this year in line with the continuing forecast fall in overall unemployment. Already, we have exceeded our target to bring long-term unemployment below 2.5% in accordance with Pathways to Work targets for 2020.

The current policy approach, and continuing economic recovery, will support further reductions in unemployment and add to the substantial improvements that have already been seen over the last few years.

Should the Deputy be aware of a specific case of any jobseeker engaged with the JobPath service who due to their home address find themselves unable to travel to a potential employment opportunity or have difficulty in attending JobPath sessions, I would invite the Deputy to contact my Department in relation to this case and officials in my Department will examine the case.

I trust this clarifies matters for the Deputy.

Disability Allowance Applications

Questions (1109)

Niamh Smyth

Question:

1109. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [45509/18]

View answer

Written answers

Following an appeal to the Social Welfare Appeals Office, the person concerned has been awarded disability allowance (DA) with effect from 25 April 2018. The first payment will be made by her chosen payment method on 21 November 2018.

Arrears of payment due will issue as soon as possible.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Questions (1110)

Seán Barrett

Question:

1110. Deputy Seán Barrett asked the Minister for Employment Affairs and Social Protection when it is planned to introduce pension entitlements for community employment supervisors and assistant supervisors in view of the previous commitments given in respect of this matter; and if she will make a statement on the matter. [45515/18]

View answer

Written answers

Community Employment (CE) scheme supervisors are employees of private companies in the community and voluntary sector that receive public funding. 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.

Disability Allowance Payments

Questions (1111)

John McGuinness

Question:

1111. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the reason her Department is pursuing a debt of €198 relative to a disability allowance claim by a person (details supplied); and if the payment which was collected by the agent of the person was being paid in arrears or in advance. [45516/18]

View answer

Written answers

Disability allowance (DA) is paid weekly in advance each Wednesday. This lady was appointed as an agent on her deceased brother's DA claim on 6 May 2016. This enabled her to collect his DA payment on her brother's behalf.

On the death of her brother, there was no entitlement to any payment after death as the DA recipient was not claiming an increase for qualified adult allowance (IQA) nor was there a surviving spouse in receipt of certain Social Welfare payments in their own right.

On stopping the DA claim, the department noted that a payment had over-issued to the sum of €198 relating to the week commencing 1 August 2018. My department is obliged to recoup any debt owing to it. The method of recovery and negotiations regarding the amount recoverable are dealt with under the department’s code of practice. This lady was advised to contact my department to discuss recovery.

I trust this clarifies the matter for the Deputy.

Illness Benefit Payments

Questions (1112)

Michael Healy-Rae

Question:

1112. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an illness benefit payment in the case of a person (details supplied); and if she will make a statement on the matter. [45539/18]

View answer

Written answers

The Illness Benefit (IB) claim for the person concerned is now paid up to date and all arrears due have issued.

She is certified up to 24th April 2019 so normalised IB payments should issue up until that date.

I trust this clarifies the matter for the Deputy.

Partial Capacity Benefit Scheme Applications

Questions (1113)

Michael Healy-Rae

Question:

1113. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for partial capacity benefit by a person (details supplied); and if she will make a statement on the matter. [45552/18]

View answer

Written answers

An application for Partial Capacity Benefit (PCB) was received from the person in question on 29th June 2018.

The PCB application and medical opinion have now been updated and a letter has issued to him today. The correspondence includes a statement for the employer to complete, related to dates worked this year. Upon receipt of the returned employer statement, a decision will be made and the person will be contacted.

The Deputy should note that he has continued to receive an Illness Benefit payment during the intervening period.

I trust this clarifies the matter for the Deputy.

Illness Benefit Applications

Questions (1114)

Brendan Griffin

Question:

1114. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a decision has been made on an application for illness benefit by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [45553/18]

View answer

Written answers

The Illness Benefit claim for the person concerned has been processed and all arrears owing to him have been issued.

His claim is certified to 8th November 2018. If he remains ill and unfit for work, a further medical certificate should be submitted to the Department as soon as possible to enable further payments to be made.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (1115)

Brendan Griffin

Question:

1115. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection when a carer's allowance application by a person (details supplied) will be processed; and if she will make a statement on the matter. [45564/18]

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 child or an adult who has such a disability that as a result they require that level of care.

Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.

The evidence submitted in support of this application was examined and the means of the person concerned has been assessed as over the statutory limit of €227.60.

The person concerned was notified on 31 October 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.

Statutory Retirement Age

Questions (1116)

Jan O'Sullivan

Question:

1116. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection if a public servant who is a clerical officer at level 16 and who joined the service in 2001 can continue to work after 65 years of age; if so, if he or she will continue on the same income or if that income will be reduced; and if she will make a statement on the matter. [45565/18]

View answer

Written answers

Any application from staff of my Department to be retained in the Civil Service after they reach their maximum retirement age is dealt with in accordance with the provisions of Department of Public Expenditure and Reform's Circular 21/2017, which is a temporary Circular to allow for certain Civil Servants to be retained beyond their compulsory retirement age of 65 years until they reach the age of eligibility for the Contributory State Pension.

The Government agreed to increase the compulsory retirement age to 70 for public service employees recruited before 1 April 2004, other than the uniformed pension fast accrual group (Gardaí, Prison Officers, Firefighters, Permanent Defence Force) and to the drafting of legislation to give effect to that decision.

In accordance with the temporary circular the salary for all civil servants retained under this Circular is to be paid at the minimum point of the non-Personal Pension Contribution pay scale, adjusted for work pattern as required.

Invalidity Pension Appeals

Questions (1117)

Martin Heydon

Question:

1117. Deputy Martin Heydon asked the Minister for Employment Affairs and Social Protection if an appeal for invalidity pension by a person (details supplied) will be processed; and if she will make a statement on the matter. [45571/18]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22nd August 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 11th October 2018 and the case 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 hearing.

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.

Parental Leave

Questions (1118)

Michael McGrath

Question:

1118. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection her plans to introduce reforms to the parental leave regime, including changes to the qualifying age of the child and to the length of the leave; if an increase in leave and in the qualifying age will apply in respect of children who have already reached eight years of age and in circumstances in which the parents have already taken current maximum parental leave; and if she will make a statement on the matter. [45579/18]

View answer

Written answers

The Deputy may be aware that as part of Budget 2019, I announced the introduction of a paid parental benefit scheme for parents of children during their first year. This scheme will provide parents with 2 weeks' paid leave from November 2019.

While I have responsibility for the associated social welfare parental benefits, my colleague, the Minister for Justice and Equality, has lead responsibility for the policy issues pertaining to parental leave. I would advise the Deputy to raise the issues regarding reforms to the parental leave regime with the Minister for Justice and Equality.

I trust this clarifies my position for the Deputy.

Carer's Allowance Appeals

Questions (1119)

Brendan Griffin

Question:

1119. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a decision has been made on a carer's allowance appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [45590/18]

View answer

Written answers

The Social Welfare Appeals Office has advised me that the two carer's allowance appeals by the person concerned were registered in that office on 10th and 15th October 2018 respectively. 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 cases in question will be referred to an Appeals Officer who will make a summary decision on the appeals based on the documentary evidence presented or, if required, hold an oral appeal hearing.

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.

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