Tuesday, 20 Nov 2018

Written Answers Nos. 606-625

Social Welfare Benefits Applications

Questions (606)

Róisín Shortall

Question:

606. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection if an application by a person (details supplied) for a back payment for a utility will be re-examined in view of the fact that they had not been made aware of the necessity to notify her Department when switching suppliers; the way in which this condition of the household benefits package is made known to those in receipt of the payment; and if she will make a statement on the matter. [47756/18]

Written answers

Minister for Employment Affairs and Social Protection

Under the Household Benefits (HHB) scheme, the person concerned was in receipt of a Gas Allowance up to 6 March 2018 at which time they changed utility provider, causing the allowance to be suspended. The Department was notified of the change on 8 October 2018.

The HHB claim of the person concerned has been reviewed and they have been re-awarded the Gas Allowance with effect from 7 March 2018.  Arrears due to the person will be paid on the 4 December 2018.

I hope that this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (607)

Darragh O'Brien

Question:

607. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the status of an application for a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [47830/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

The person concerned submitted an application for disability allowance (DA) on 21 September 2018.  Their application, based upon all the evidence submitted, was disallowed on the grounds that the medical condition was not satisfied; it was not found that this lady was substantially restricted in taking up employment.

The person concerned was notified in writing of this decision on 16 November 2018 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

I trust this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (608)

Brendan Griffin

Question:

608. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if an application by a person (details supplied) for a disability allowance will be processed; and if she will make a statement on the matter. [47836/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

Based on the evidence supplied in support of this person’s application, her application for disability allowance (DA) was disallowed on the grounds that the medical qualifying condition was not satisfied. The person in question was notified in writing of this decision on 4 October 2018.

This lady requested a review of the decision by a deciding officer (DO) and submitted additional medical evidence for consideration on 31 October 2018. The person concerned will be notified directly in writing once this review is complete.

I trust this clarifies the matter for the Deputy.

Carer's Benefit Payments

Questions (609)

Thomas Byrne

Question:

609. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection if arrears for carer's benefit will be awarded from when an application was submitted but the person that they were caring for was in hospital for the process time. [47854/18]

Written answers

Minister for Employment Affairs and Social Protection

Carer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a child or an adult in need of full-time care and attention.

Legislation prohibits the payment of the benefit where the care recipient is resident in a hospital, convalescent home or other similar institution.

If the care recipient was in hospital at the time of the application, CARB can only be awarded from the date of discharge, provided all the qualifying conditions for receipt of payment are satisfied. 

If the Deputy has a particular case in mind he can bring it to the attention of the Department for further clarification. 

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Applications

Questions (610)

Bernard Durkan

Question:

610. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [47879/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

An application for Domiciliary Care Allowance was received from person concerned on the 16th October 2018.  The case has been referred to the Department's team of Medical Assessors for a medical opinion.  When the medical opinion is to hand the claim will be passed to a Deciding Officer for a decision.  Once this decision has been made the person concerned will be notified of the outcome in writing.

It is currently taking approximately ten weeks to process an application for Domiciliary Care Allowance.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (611)

Billy Kelleher

Question:

611. Deputy Billy Kelleher asked the Minister for Employment Affairs and Social Protection the number of self-employed persons on class S PRSI contributions that will be eligible for social welfare benefits (details supplied) in 2019. [47881/18]

Written answers

Minister for Employment Affairs and Social Protection

Self-employed workers, who earn €5,000 or more in a contribution year, are liable for PRSI at the class S rate of 4%, subject to a minimum annual payment of €500.  This provides them with access to the following benefits: State pension (contributory), widow’s, widower’s or surviving civil partner’s pension (contributory), guardian’s payment (contributory), maternity benefit, adoptive benefit, paternity benefit and treatment benefit (from March 2017).  Entitlement to invalidity pension was extended to the self-employed from December 2017.  In Budget 2019 I was pleased to announce that jobseeker’s benefit will be extended to the self-employed towards the end of 2019. All these improvements to entitlements were introduced without an increase in the PRSI charge for the self-employed.

Statistics for the latest year available, 2016, show that approximately 340,000 self-employed contributors will have entitlement to dental and optical benefits, invalidity pension and jobseeker’s benefit, subject to the normal qualifying conditions.

I trust this clarifies the matter for the Deputy. 

Illness Benefit Applications

Questions (612)

John McGuinness

Question:

612. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection if an application for illness benefit by a person (details supplied) will be approved; if supplementary welfare will be approved while they are waiting; and if there is an arrangement with the Australian authorities for the person to benefit from their seven years work in Australia. [47890/18]

Written answers

Minister for Employment Affairs and Social Protection

Illness Benefit (IB) is payable to persons who cannot work because they are sick or ill, provided they are covered by the appropriate class of social insurance (PRSI) and satisfy the PRSI conditions.  

Social insurance contributions that a person may have paid in Australia are not reckonable for the payment of IB.  

Unfortunately, my Department appears to have no record of receiving an application for IB from the person concerned.

Any person who has an urgent financial need can apply to the Department's Community Welfare Service to receive a payment.  People in these circumstances should get in touch with their local Intreo Centre. 

I trust this clarifies the matter for the Deputy.

Illness Benefit Payments

Questions (613)

James Lawless

Question:

613. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection when an illness benefit payment for a person (details supplied) will be normalised; the status of changes to the system which has resulted in delayed or irregular payments; and if she will make a statement on the matter. [47891/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

The Illness Benefit claim for the person concerned was certified and paid up to the 18th of November 2018.

If he remains ill and unfit for work, a further medical certificate should be submitted to the Department as soon as possible in order for further payments to issue.

I trust this clarifies the matter for the Deputy.

Invalidity Pension Appeals

Questions (614)

Charlie McConalogue

Question:

614. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when an invalidity pension file will be referred to the social welfare appeals office in order for a decision to issue in the case of a person (details supplied); and if she will make a statement on the matter. [47909/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

On receipt of additional medical evidence submitted in support of the appeal of the person concerned, a review of the claim was carried out by a deciding officer and she has been awarded invalidity pension with effect from 03 May 2018.  As a result the appeal is no longer necessary.

Payment issued to her nominated bank account on 15 November 2018.  Any arrears due  from 03 May 2018 to 14 November 2018 (less any overlapping social welfare payment) will issue in due course.  The lady in question was notified of this decision on 31 October 2018.

I hope this clarifies the matter for the Deputy.

Back to Education Allowance

Questions (615)

Michael Healy-Rae

Question:

615. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection her views on a matter (details supplied) regarding the back to education allowance; and if she will make a statement on the matter. [47919/18]

Written answers

Minister for Employment Affairs and Social Protection

The back to education allowance scheme (BTEA), operated by my Department, is designed to support second-chance education. It enables eligible persons to pursue approved education courses and to continue to receive income support for the duration of a course of study as long as they continue to maintain eligibility to an underlying social welfare payment, e.g. jobseeker's allowance.  The Deputy will be aware that I recently announced an increase in social welfare rates of payment from next March which will apply to BTEA participants.

The BTEA is not intended to be an alternative form of funding for people entering or re-entering the third-level education system. The Student Universal Support Ireland (SUSI) Grant, payable by the Department of Education and Skills, is Ireland’s single national awarding authority for all higher and further education grants.

Students are not eligible to receive the maintenance element of the grant from SUSI if they are in receipt of BTEA. The type of funding that a BTEA recipients may be eligible for will depend on the course that they are studying. The eligibility rules that govern the payment of a student grant are a matter for the Department of Education and Skills.

From the 2017/2018 academic year this Department reintroduced the annual Cost of Education Grant at a rate of €500, payable to BTEA participants with a payment in respect of a qualified child on their BTEA payment. This grant has been introduced to assist parents with the costs of returning to education.

Additionally the age related payments for all BTEA participants were abolished from September 2017. Jobseekers under age 26 and receiving a reduced age-related payment, now receive a weekly payment of up to the maximum rate of €198 per week for the academic year while on BTEA.

Any further changes to the rates of payment by my Department would have to be considered in the overall budgetary process.  I trust this clarifies the matter for the Deputy.

Birth Certificates Administration

Questions (616)

Mattie McGrath

Question:

616. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection if a person identifying as a male while pregnant and that subsequently gives birth to a child will be recorded as the mother of the child on the birth certificate; and if she will make a statement on the matter. [47931/18]

Written answers

Minister for Employment Affairs and Social Protection

When section 99 of the Children and Family Relationships Act 2015 is commenced it will be possible, in circumstances such as these, for the person who gives birth to be registered as "Parent" in the register of births.

Section 99 of the Children and Family Relationships Act 2015 makes provision for registration of details of "Parent" in the register of births, in addition to current provisions for registration of "Mother" and "Father". This section requires amendment to correct technical errors before it can be commenced. I intend to bring forward amending legislation to address this as soon as possible. 

In the meantime, the person who gives birth will be recorded in the register of births as the "Mother" until such time as the registration system can be amended, to more accurately reflect the circumstances of such a birth, by using the term "Parent" for the person who gives birth.

Carer's Allowance Applications

Questions (617)

Denis Naughten

Question:

617. Deputy Denis Naughten asked the Minister for Employment Affairs and Social Protection when a decision will be made on an application by a person (details supplied); and if she will make a statement on the matter. [47973/18]

Written answers

Minister for Employment Affairs and Social Protection

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.

An application for CA was received from the person concerned on 15 August 2018.

It is a condition for receipt of a CA that the person being cared for must have such a disability that as a result 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 decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 23 October 2018 of this decision, the reason for it and of his right of review and appeal.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Applications

Questions (618)

Denis Naughten

Question:

618. Deputy Denis Naughten asked the Minister for Employment Affairs and Social Protection if a payment will be backdated for a person (details supplied); and if she will make a statement on the matter. [47974/18]

Written answers

Minister for Employment Affairs and Social Protection

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.

An application for carer's allowance (CA) was received from the person concerned on 5 June 2018.

It is a condition for receipt of CA that where the applicant and the care recipient reside apart from each other, the care recipient cannot be receiving full time care and attention within his or her own residence from a person other than the applicant.

As the care recipient is in full-time residential care in a nursing home, this condition was not satisfied and CA was disallowed. 

The person concerned was notified on 22 October 2018 of this decision, the reasons for it and of his right of review and appeal.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Delays

Questions (619)

Brendan Howlin

Question:

619. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will receive a date and time for their oral appeal hearing; and if she will make a statement on the matter. [47985/18]

Written answers

Minister for Employment Affairs and Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was 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. 

Summary decisions may be made where an Appeals Officer is of the opinion that the case is of such a nature that it can be properly determined on the basis of documentary evidence and without 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.

State Pensions

Questions (620)

Brendan Griffin

Question:

620. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection the evidence carers must provide to be considered for the homecarers credits under the new total contribution approach calculations for the State pension (contributory); and if she will make a statement on the matter. [47989/18]

Written answers

Minister for Employment Affairs and Social Protection

As the Deputy is aware, the legislation required to underpin the provision of home caring periods is included in the Social Welfare, Pensions and Registrations Bill 2018 which is currently before the Dáil for consideration.  Until such time as the legislation is enacted and the supporting regulations required to underpin the revised arrangements are in place, it is not possible to provide operational details in relation to the scheme.  

However, I can advise that it is the intent of my Department to ensure that the process of applying for Home Caring Periods is as user friendly as possible.  In this regard, my Department will reuse as much of the information it has on hand as possible, e.g., details about gap periods will not be requested from a pensioner where it is clear from the Department records that they directly coincide with a period for which the person was providing full time care for a child under 12 years of age.

I hope this clarifies the position for the Deputy. 

Illness Benefit Payments

Questions (621)

Pearse Doherty

Question:

621. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection if illness benefit claimants who have not received payments or who are receiving sporadic payments owing to recent internal information technology systems problems and that are experiencing financial hardship as a result will be automatically granted an exceptional needs payment; if so, if payments in such instances will be means-tested; and if she will make a statement on the matter. [48070/18]

Written answers

Minister for Employment Affairs and Social Protection

My Department transferred administration of the Illness Benefit (IB) 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 in the last two weeks 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. 

Any customer with an urgent financial need should make contact with the Community Welfare Service through their local Intreo Centre.

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 trust this clarifies the matter for the Deputy.

Carer's Benefit Applications

Questions (622)

Tom Neville

Question:

622. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance for a person (details supplied). [48098/18]

Written answers

Minister for Employment Affairs and Social Protection

Carer's benefit (CARB) is a PRSI based payment, made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care. 

Before a decision can be made on entitlement to carer’s benefit (CARB), evidence must be provided in respect of the care recipient’s care requirement, the level of care the carer provides, the carer’s hours of employment and their PRSI record.  

An application for CARB was received from the person concerned on 18 July 2018.

One of the qualifying conditions requires that the carer must have the following:

- 39 reckonable contributions in the relevant tax year (2016 in this instance) or

- 39 reckonable contributions paid in the 12-month period before the start of Carer's Benefit or

- 26 reckonable contributions paid in the Relevant Tax Year and 26 contributions paid in the year before that.

The application was disallowed on the grounds that this condition was not satisfied.

The person concerned was notified on 26 October 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. The outcome of the review is that the original decision is confirmed. On 30 October 2018 the person concerned was notified of this outcome and of their right of appeal.

The department was notified on 8 November 2018 that the person concerned had submitted an appeal to the Social Welfare Appeals Office (SWAO).  Once the SWAO notifies the Department that it has received the appeal, a submission in support of the decision will be prepared and forwarded along with the file to the SWAO for determination.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Applications

Questions (623)

Charlie McConalogue

Question:

623. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when a decision will be made on a review in relation to an invalidity pension application by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [48131/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions. 

A claim for IP was received from the person concerned on the 30 May 2018.   His claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 16 August 2018 of this decision, the reasons for it and of his right of review and appeal.

The person concerned requested a review of this decision and submitted further evidence in support of his request. Following a review of all the information available the deciding officer is satisfied that the conditions for the scheme are satisfied.

The gentleman referred to has been awarded IP with effect from the 31 May 2018.  Payment will issue to his nominated bank account on the 06 December 2018.  Any arrears due from 31 May 2018 to 05 December 2018 (less any overlapping social welfare payment) will issue in due course.  The gentleman in question was notified of this decision on the 16 November 2018.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (624)

Bernard Durkan

Question:

624. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [48156/18]

Written answers

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath)

The person concerned has been awarded disability allowance with effect from 11 July 2018. The first payment will be made by his chosen payment method on 05 December 2018.

Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments (if applicable).

I trust this clarifies the matter for the Deputy.

Jobseeker's Allowance

Questions (625)

Bernard Durkan

Question:

625. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason jobseeker's allowance has not been paid in the case of a person (details supplied); when the matter will be resolved; and if she will make a statement on the matter. [48157/18]

Written answers

Minister for Employment Affairs and Social Protection

According to the records of the Department, the person concerned has not submitted a recent application for jobseeker's allowance.  He currently has an open illness benefit claim and is in receipt of credited contributions only.

If the person concerned wishes to pursue an application for a jobseeker's allowance payment, he should contact his local branch office in Athy where a member of staff will be in a position to assist him in this regard.

I trust this clarifies the matter for the Deputy.