Written Answers Nos. 550-566
550. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a disability allowance becomes payable in the case of a person (details supplied) who was previously in receipt of a domiciliary care allowance, DCA; and if she will make a statement on the matter. [46566/18]
View answerI can confirm that my department received an application for disability allowance (DA) from the person concerned on 21 August 2018.
On 06 November 2018 they were asked to supply supporting documentation required by the deciding officer in order to make a decision on their eligibility. On receipt of this information a decision will be made and they will be notified of the outcome.
I trust this clarifies the matter for the Deputy.
551. Deputy Marc MacSharry asked the Minister for Employment Affairs and Social Protection the changes being applied to a practice (details supplied); her plans to make changes to this practice in the forthcoming social welfare Bill; and if she will make a statement on the matter. [46571/18]
View answerThe provisions for a continued payment after death, for customers with a spouse/civil partner/co-habitant, are set out in Section 248(2)(a) of the Social Welfare (Consolidation) Act 2005 (as amended). To qualify for a continued payment, the spouse/partner must be either a qualified adult on the deceased person’s payment or a customer in receipt of a payment in his/her own right. Regulations (Article 208(1) of Statutory Instrument 142 of 2007) define a "related person" i.e. a person to whom such a payment may be made.
My Department issued internal guidelines to staff on 3 August 2018 to clarify the interpretation of the legal provisions on this entitlement, and to ensure consistent application of prescribed conditions, where relevant. The subsequent implementation of the rules highlighted an anomaly in the legislation which is being examined by my officials as a matter of urgency.
I hope this clarifies the matter for the Deputy.
552. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection when a person (details supplied) in County Donegal will receive regular illness benefit payments; and if she will make a statement on the matter. [46590/18]
View answerThe Occupational Injury claim for the person concerned is both certified and paid up to 14th November 2018.
If he remains ill and unfit for work, he should submit a further medical certificate to the Department as soon as possible to enable further payments to be made.
I trust this clarifies the matter for the Deputy.
553. Deputy John Brady asked the Minister for Employment Affairs and Social Protection her plans to exclude a payment (details supplied) from the means test for social welfare payments in view of the nature of the payment involved; and if she will make a statement on the matter. [46622/18]
View answerMy Department operates a range of means-tested social assistance payments. Social welfare legislation provides that the means test takes account of the income and assets of the person (and spouse/partner, if applicable) applying for the relevant scheme. Social welfare legislation also provides that certain forms of income are disregarded in this means assessment. In this regard, a number of compensation and other payments are currently disregarded for means-testing purposes. These include payments made by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Statutory Board, and the Symphysiotomy Payment Scheme, among others.
The Northern Ireland Victims and Survivors Service delivers funding and support to survivors of the Conflict/Troubles on behalf of the Executive Office of Northern Ireland. They have remit to assist all victims and survivors identified in the Victims and Survivors (Northern Ireland) Order 2006 , providing support to those who have been injured (physically or psychologically), those who care for people who have been injured, and those who have been bereaved by the Conflict/Troubles.
I have recently approved the introduction of a disregard for payments from Northern Ireland Victims & Survivors Service for social welfare means testing purposes. My officials have received sanction from the Department of Public Expenditure and Reform to progress this. Regulations to implement this disregard are currently being drafted and will be signed in due course.
554. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection the number of persons awaiting payment for illness benefit in County Louth; the length of time these persons have been waiting; and when they can expect to receive payment of same. [46630/18]
View answerThe information requested by the Deputy is not currently available in the manner requested.
However, the average processing time for individual Illness Benefit (IB) claims, dependent on the complexity of the claim application, is one week.
The Deputy should also note that IB payment volumes were restored to normal levels last week and my officials are monitoring them on a daily basis to ensure that they remain at this level. Any further issues that may arise will be dealt with as they are identified.
I trust this clarifies the matter for the Deputy.
555. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection the details of the difficulties with the new illness benefit scheme forms that she has identified since July and August 2018; the measures she has taken to resolve each of these difficulties; and the status of the outstanding difficulties that still remain in place. [46631/18]
View answerMy Department transferred administration of the Illness Benefit scheme to its core Business Objects IT platform in August 2018. Although the system change has worked effectively for over 80% of IB customers, significant difficulties arose following implementation for a number of customers.
My Department is taking three main steps to resolve the issues impacting on payments. First, we have deployed additional staff to process the tasks and respond to the customer enquiries. Second, we have developed some new IT routines or ‘workarounds’ that address the payment gap issues and to ensure a faster flow-through to payments. Third, we are reviewing the design rules in the system to afford greater flexibility in processing of claims and certificates.
Payment volumes were restored to normal levels last week and my officials are monitoring them on a daily basis to ensure that they remain at this level. Any further issues that may arise will be dealt with as they are identified. In addition to these system issues, the Department acknowledges that it did not communicate effectively with customers.
In order to ensure that we learn from the lessons of this experience, I have arranged for an independent review into how the changes to IB were planned, implemented and – importantly – communicated to customers. I expect this work to be completed by the end of the year.
Finally, I would like to sincerely apologise again for the difficulties and frustration experienced by customers who did not receive the correct IB payment or who experienced delays in their payments over the last few weeks.
I hope this clarifies the matter for the Deputy.
556. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection when a person (details supplied) in County Donegal can expect to receive an illness benefit payment; and if she will make a statement on the matter. [46711/18]
View answerThe Illness Benefit claim for the person concerned has been processed and all arrears due to her have been paid. She is certified up to 26th November 2018.
If she remains ill and unfit for work, further medical certificates should be submitted to the Department to ensure that continued payments can be made.
I trust this clarifies the matter for the Deputy.
557. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if a full carer's allowance will be paid to a person (details supplied). [46719/18]
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 child or an adult who has such a disability that as a result they require that level of care.
CA was in payment to the person concerned at half-rate while her husband was claiming for her as a qualified adult on his jobseeker's allowance payment. When this stopped, the person concerned sought an increase in her CA.
Following a review the person concerned has been awarded full rate CA from 26 July 2018 at the weekly rate of €214.00.
Arrears of allowance due from 26 July 2018 less any other payments made for the period in question have issued to the person concerned on 9 August 2018.
The person concerned was notified on 1 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.
558. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the date for the commencement of the relevant provisions of the Civil Registration (Amendment) Act 2014 such that Part 9 of the Children and Family Relationships Act 2015 can be commenced. [46726/18]
View answerSections 92, 93, 95 and 99 of the Children and Family provide for the registration and re-registration of the birth of a donor-conceived child but these sections have to be amended and have yet to be commenced. Commencement of these provisions is dependent on commencement of Parts 2 & 3 of the Act, which is the responsibility of the Minister for Health.
The Children and Family Relationships (Amendment) Bill 2018 was enacted on 24 July 2018. This Act was introduced to correct typographical and technical errors in the Children and Family Relationships Act 2015, which will facilitate the subsequent commencement of Parts 2 & 3 of the Act. It is Minister for Health's intention that Parts 2 & 3 of the Act will be commenced as soon as possible.
Officials from the General Register Office, the Department of Employment Affairs and Social Protection, and the Department of Health are working together to ensure that the appropriate regulatory and operational mechanisms are in place to allow for the earliest possible commencement of all of the relevant legislation that will allow for birth registration of donor-conceived children.
It is not possible, at this point, to be definitive about a date for commencement, or when registrations or re-registrations will be available, but all efforts are being made to bring this about as early as possible.
The commencement of other sections of Part 9 of the Act (unrelated to birth registration of donor-conceived children) is dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced. These sections may be commenced separately and do not affect bringing into force of legislation to provide for birth registration of donor-conceived children.
559. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection when a person (details supplied) in County Kildare will receive a fuel allowance. [46766/18]
View answerFuel allowance (FF) is a means tested payment, payable to people who either live alone or only with certain other qualified people. The second named person submitted an application for FF on 31 August 2017.
Based on the information provided to the Department, the person concerned did not qualify for this allowance as their household included people who were not in a qualifying category. They were notified of this decision in writing on 16 September 2017.
To date no further application or request for a review has been received from the person concerned regarding their FF allowance.
I trust this clarifies the matter for the Deputy.
560. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of plans to reinstate the State pension (transition) to prevent persons forced to retire at 65 years of age having to apply for jobseeker's for one year until they reach the State pensionable age of 66 years; and if she will make a statement on the matter. [46778/18]
View answerThe Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition) which was available to people aged 65 who satisfied the qualifying conditions. This measure standardised the State pension age for all at 66 years (previously it was 65 for those qualified for a contributory pension, and 66 for those who were paid a non-contributory pension). This will increase to 67 in 2021 and to 68 in 2028.
In most cases, it is hoped that workers will continue to work up to State pension age. Where this is not possible, there are specific measures which apply to someone claiming Jobseeker’s Benefit from a date after their 65th birthday. Where qualified, these recipients may continue to be eligible for that payment until reaching pension age.
It is well known that people are living for much longer. Life expectancy at birth has increased significantly over the years – and is now at 78.4 years for men and 82.8 years for women. This is very positive. As a result of this demographic change, the number of State pension recipients is increasing year on year. This has significant implications for the future costs of State pension provision which are currently increasing by close to €1 billion every 5 years. The purpose of changes to the State pension age is to make the pension system more sustainable in the context of increasing life expectancy. This sustainability is vital, if the current workers, who fund State pension payments through their PRSI, are to receive a pension themselves when they reach retirement age.
The Deputy should note that there is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. While such a contract may have been entered into with a retirement date of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so. In this regard, the Workplace Relations Commission has produced a Code of Practice on Longer Working and the Irish Human Rights and Equality Commission (IHREC) has published guidance material for employers on the use of fixed-term contracts beyond normal retirement age.
I hope this clarifies the matter for the Deputy.
561. Deputy Joe Carey asked the Minister for Employment Affairs and Social Protection when a decision will be reached on a partial capacity benefit for a person (details supplied); and if she will make a statement on the matter. [46788/18]
View answerWith regard to the application for Partial Capacity Benefit (PCB) for the person concerned, a Medical Assessor is currently reviewing the medical report. Upon receipt of the MA's findings, the PCB claim will be processed as a matter of urgency.
I trust this clarifies the matter for the Deputy.
562. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [46816/18]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th July 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 4th 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 trust this clarifies the matter for the Deputy.
563. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection when an application for illness benefit will be processed in the case of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [46844/18]
View answerThe person concerned is currently a qualified adult on her partner's social welfare claim. This means that her partner is currently in receipt of a payment for her.
Once this overlap issue has been resolved, her IB claim will be processed and any arrears due to her will be paid as quickly as possible.
If she has an urgent financial need, she should contact the Community Welfare Service through the local Intreo Centre.
I trust this clarifies the matter for the Deputy.
564. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the criteria in place when it comes to awarding the Christmas bonus to the long-term unemployed in circumstances in which, after much time unemployed, a person takes up a course or a scheme and is then disqualified from receiving the Christmas bonus; and if she will make a statement on the matter. [46845/18]
View answerI was pleased to announce on Budget Day that a 100% Christmas Bonus will be paid to some 1.2 million long-term social welfare recipients, including pensioners, people with disabilities, carers and the long-term unemployed, in recognition of their long-term financial dependence on their social welfare payments for all or most of their income. This is an increase from the 85% Bonus paid in 2017 and 2016.
As with previous years, jobseekers qualify for the Christmas bonus after 15 months duration on their payment.
Where a long-term unemployed jobseeker takes up a course through the Back to Education Allowance scheme, it is possible to fulfil the 15 months duration criteria and qualify for a Bonus payment through the combined time on the jobseeker's payment and Back to Education Allowance.
While the payment of a Bonus for those in receipt of a training allowance is the responsibility of my colleague, the Minister of Education and Skills, the same principle applies for long-term jobseekers who take up an education or training course and are in receipt of a training allowance.
Furthermore, all participants of employment programmes such as Community Employment, the Rural Social Scheme and Tús qualify for the Bonus. Accordingly, jobseekers who take part in these programmes will all receive the Bonus payment.
If the Deputy is aware of any particular case that he is concerned about, I would encourage him to bring it to the attention of my Department.
565. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the reason carer's contributions for a person (details supplied) do not count towards contributions in order to avail of dental treatment benefit. [46848/18]
View answerQualification for dental benefit is based on satisfying certain PRSI conditions. In this case, the person concerned would need to have paid 260 PRSI contributions at Class A, E, H, P or S, since first starting work, and also have 39 qualifying contributions paid at the correct rate, or credited, in the relevant tax years on which the claim is based.
While the person concerned has more than the necessary 260 PRSI contributions paid in total since starting work, they do not have 39 contributions paid or credited in any year between 2014 and 2016, the relevant tax years on which the entitlement would be based.
The person concerned is not entitled to credits on her carers allowance claim of 14th March 2013 as she did not have any paid or credited contributions from 1995 to 2012. A minimum of 26 paid contributions are needed prior to the award of carers allowance. In this case, only 11 contributions were paid before the person concerned went onto carers allowance in 2013. Accordingly, they do not qualify for dental benefit at this time.
If the person concerned has a Medical Card, they should contact their local HSE office, who will be able to advise on entitlement under the HSE dental scheme.
I hope this clarifies the matter for the Deputy.
566. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the estimated full-year cost of issuing a double child benefit payment to parents on the birth of a child; and if she will make a statement on the matter. [46917/18]
View answerThe estimated full year cost of issuing a double child benefit payment to parents on the birth of a child is €8,668,240.
This estimate is based on the number of child benefit claims (61,303) received in respect of first and additional children in 2017. It assumes the payment of €140, representing an additional months payment in respect of these children. As multiple births, accounting for 1,226 of this number already receive child benefit at one and a half times of the normal rate this has to be factored into the cost.
I hope this clarifies the matter for the Deputy.
