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Tuesday, 27 Nov 2018

Written Answers Nos. 534-551

Domestic Violence Policy

Questions (534)

Brendan Smith

Question:

534. Deputy Brendan Smith asked the Minister for Children and Youth Affairs if she will provide detailed consideration to the issues raised by an organisation (details supplied); and if she will make a statement on the matter. [49297/18]

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Written answers

I thank the Deputy for his question. The issues raised by the organisation to which the Deputy refers are indeed concerning. 

Domestic violence is a wide-reaching, complex issue, and its effects overlap with the work of many Government Departments. The particular issues raised in the Deputy's question refer to the availability of long-term housing, the availability of grants to offset hardship, and the rate of maintenance payments. These issues fall under the remit of the Department of Housing, Planning and Local Government; the Department of Employment Affairs and Social Protection; and the Department of Justice and Equality respectively. As such, my Department does not play a leading role on any of these issues. 

Policy in relation to domestic, sexual and gender-based violence is under the remit of Cosc, The National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which is an executive office of the Department of Justice and Equality. Cosc also coordinates the Second National Strategy on Domestic, Sexual and Gender-Based Violence (2016-2021).

Tusla, the Child and Family Agency, has statutory responsibility for the care and protection of victims of domestic, sexual or gender-based violence, whether in the context of the family or otherwise. Accordingly, Tusla has provided funding for domestic, sexual and gender-based violence services since its foundation in 2014. This includes rape crisis centres and community-based counselling services for victims of sexual violence, emergency refuge accommodation for victims of domestic violence and community-based domestic violence services. Tusla works, and will continue to work, with statutory and non-statutory stakeholders in relation to the barriers faced by individuals and families to finding a lasting, safe home following experiences of domestic violence. These barriers may include, but are not limited to the issues raised in the Deputy's question.

I am pleased that in my time as Minister, the resources available to Tusla for these services have increased by €4.7m, representing an increase of over 20% in a three year period.

Consultancy Contracts Expenditure

Questions (535)

Timmy Dooley

Question:

535. Deputy Timmy Dooley asked the Minister for Children and Youth Affairs the fees paid and services rendered to a person (details supplied) in each of the years 2013 to 2017 and to date in 2018; and if she will make a statement on the matter. [49418/18]

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Written answers

The person referred to was paid the amounts in each of years 2013 to 2017 as outlined in the following table for procurement consultancy services.

 Year

 Amount

2014 

 €10,332 

2015

 Nil

2016

 €2,583

2017

 €16,359

There were no payments made in 2018.

Child Detention Centres

Questions (536)

Clare Daly

Question:

536. Deputy Clare Daly asked the Minister for Children and Youth Affairs if all members of the board of Tusla had been given an opportunity to read the operational review of Oberstown before the decision was taken in 2017 to not publish the report. [49476/18]

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Written answers

The report of operational review of the Oberstown Children Detention Campus was not shared with the Board of Tusla - the Child and Family Agency. Tusla has no operational responsibility in relation to Oberstown.

Climate Change Adaptation Plans

Questions (537)

Timmy Dooley

Question:

537. Deputy Timmy Dooley asked the Minister for Children and Youth Affairs if she will provide a timeline for the development of her Department's specific climate change targets; and if she will make a statement on the matter. [49562/18]

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Written answers

Ireland's first statutory National Adaptation Framework (NAF) was published in January 2018 and sets out the national strategy to reduce the vulnerability of the country to the negative effects of climate change and to avail of any positive impacts.

Under the NAF, a number of Government Departments are required to prepare sectoral adaptation plans in relation to a priority area that they are responsible for and the formalisation of adaptation planning guidelines to assist in the development of these plans is a key action under the NAF. While my Department is not a lead Department in terms of preparing a sectoral  adaptation plan, I am very conscious of  the need for all of us to be aware of climate change and what we can do about it.

My own Department is very active with regard to energy efficiency and is fully engaged in the Public Sector Energy Reporting Programme with a view towards achieving an energy efficient public sector by 2020.

I am happy to note that my Department has improved its energy efficiency performance at the end of 2017 by 47%. I expect my Department's energy efficiency performance to further improve as a result of the move in early 2018 to Miesian Plaza. Miesian Plaza is designed for high energy efficiency and is expected to achieve LEED Platinum accreditation. LEED, (Leadership in Energy and Environmental Design) is the most widely used green building rating system in the world. 

In the coming years 2019 and 2020 my Department will continue to engage with the Public Sector Energy Reporting Programme.

Rural Regeneration and Development Fund

Questions (538)

Michael Moynihan

Question:

538. Deputy Michael Moynihan asked the Minister for Rural and Community Development when a decision will be made on an application submitted by Cork County Council for funding for the Kanturk relief road, Kanturk, County Cork under the rural regeneration and development fund; and if he will make a statement on the matter. [49175/18]

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Written answers

The first call for applications for the Rural Regeneration and Development Fund closed at the end of September. €1 billion is committed to the Fund over a 10 year period to support rural regeneration, economic development and to help build strong communities.

There was an excellent response to the first call, with nearly 300 applications received. Applications for the Fund are currently being examined by the Project Advisory Board, made up of representatives from key Government Departments and external experts, which was established to oversee the assessment process. Category 1 "shovel ready" projects have been prioritised in the assessment process and Category 2 projects - those which need development funding to become potential Category 1 applications in future calls for applications - will be considered thereafter.

Following receipt of the first recommendations arising from the above assessment process, I made the first in a series of announcements of successful Category 1 projects under the Fund on 23rd November 2018. Details of the successful projects are available on my Department's website, www.drcd.gov.ie .

As the work of the Project Advisory Board continues, I expect to be in a position to announce further rounds of approved projects in early 2019. These announcements will cover both shovel-ready Category 1 projects and the project development work in Category 2. Therefore I would expect that a decision on the project referred to would issue early in the New Year.

Social Inclusion and Community Activation Programme Funding

Questions (539)

Eamon Scanlon

Question:

539. Deputy Eamon Scanlon asked the Minister for Rural and Community Development the estimated full-year cost if the 2019 budget for the social inclusion and community activation programme increased by 5%; and if he will make a statement on the matter. [49316/18]

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Written answers

The Social Inclusion and Community Activation Programme has a funding allocation of €40.628 million nationally for the year 2018. This allows the organisations that implement SICAP to provide front line services to help disadvantaged communities.

An increase of 5% would bring the €40.628 million to €42.659 million.

Charitable and Voluntary Organisations

Questions (540)

Fiona O'Loughlin

Question:

540. Deputy Fiona O'Loughlin asked the Minister for Rural and Community Development when the independent review of Pobal’s charitable status will be published; and if he will make a statement on the matter. [49365/18]

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Written answers

Pobal is a not for profit company which was originally established by Government in 1992 as Area Development Management (ADM) Ltd. Charitable status was granted to the company by the Revenue Commissioners on the 20th November 1996. In 2005 ADM was re-named Pobal. In accordance with Section 40 of the Charities Act, 2009, Pobal was entered onto the Register of Charitable Organisations on 16 October 2014.

The basis for Pobal having charitable status is tied to the objects of the Company, which are specified in its Memorandum and Articles of Association. I am satisfied that Pobal is fully compliant with the relevant legislative requirements including those of the Charities Act, 2009.

Pobal has commissioned an independent review of its charitable status which I understand is now at a very advanced stage. The board of Pobal will receive a final report upon conclusion of the review. I understand that the matter will be put before the Board of Directors at their January meeting.

My Department has had no input into this independent review. However, Pobal will be sharing the outcome of the review with my Department through our corporate governance and oversight arrangements.

Consultancy Contracts Expenditure

Questions (541)

Timmy Dooley

Question:

541. Deputy Timmy Dooley asked the Minister for Rural and Community Development the fees paid and services rendered to a person (details supplied) in each of the years 2013 to 2017 and to date in 2018; and if he will make a statement on the matter. [49431/18]

View answer

Written answers

My Department was established on 19 July 2017. Since that date, there have been no fees paid by my Department to the individual or company referenced by the Deputy.

Climate Change Adaptation Plans

Questions (542)

Timmy Dooley

Question:

542. Deputy Timmy Dooley asked the Minister for Rural and Community Development if he will provide a timeline for the development of his Department's specific climate change targets; and if he will make a statement on the matter. [49574/18]

View answer

Written answers

The Minister for Communications, Climate Action and Environment is responsible for the overall coordination by Government of mitigation planning in the area of climate change and my Department will support the timelines set out by my colleague, Minister Bruton, in this regard.

While my Department does not have a direct role in relation to climate action targets, we are actively participating on a number of levels in the structures that have been put in place by Government on this issue and are keen to play our part in the overall national effort on climate action.

Supporting the development of resilient and sustainable communities is at the heart of my Department's mission and we are working to contribute to efforts to help Ireland's transition to a low carbon and climate resilient society through the wide range of programmes, supports and initiatives we deliver.

These include the LEADER programme's Rural Environment theme, which will see almost €24million invested in projects during the period to 2020 under the sub-themes of Protection & Sustainable use of Water Resources, Protection & Improvement of Local Biodiversity, and Development of Renewable Energy. Thus far, 69 projects have been approved for funding under this theme by Local Action Groups.

My Department also provides to supports through the Dormant Accounts Fund, through the Social Enterprise and Social Innovation Fund measures, and the Social Inclusion and Community Activation Programme. These include grants to applicants providing home insulation services, reducing our food waste, sustainable energy actions, bee-keeping and training in thermal insulation installation.

I have also allocated funding supports to those who are exploring the potential of renewable energy and to local projects in that sector.

Additionally, programmes such as the Town and Village Renewal Scheme and Outdoor Recreation Infrastructure Scheme support the diversification of the rural economy and the effective use of communities' areas of natural heritage, creating employment opportunities associated with local tourism projects such as greenways and blueways and through funding for enterprise hubs and other projects.

My Department will continue to keep to review all schemes and programmes we administer to ensure they complement the overall objectives of climate change mitigation.

Pension Provisions

Questions (543)

Robert Troy

Question:

543. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if she will consider reintroducing pension benefits for former CIÉ employees such as the telephone rental allowance and the energy allowance. [49164/18]

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Written answers

The household benefits package (HHB) comprises the electricity or gas allowance, and the free television licence. My Department will spend approximately €237 million this year on HHB for over 440,000 customers. There have been no recent changes to the eligibility criteria for the HHB package.

The package is generally available to people living in the State aged 66 years or over who are in receipt of a social welfare type payment or who satisfy a means test. The package is also available to some people under the age of 66 who are in receipt of certain welfare type payments.

Persons aged 70 or over including former CIE employees do not have to undergo a means test or satisfy the household composition requirement to qualify for the HHB package. Persons aged between 66 and 70 who are not receiving a qualifying payment from the Department e.g. State pension, must satisfy a means test and also the household composition test. Therefore former CIE employees aged between 66 and 70 can apply for the HHB package and may receive HHB if they satisfy the qualifying criteria.

Any decision to change the qualifying criteria for HHB, e.g. to waive the means test for CIE pensioners under 70 with no state pension, would have budgetary consequences and would have to be considered in the context of budget negotiations. It would also be necessary to consider whether they would be a priority group for the extension of such benefits ahead of other groups.

In Budget 2014, the decision was made to abolish the telephone allowance. The savings arising from the initial reduction and subsequent discontinuance of the telephone allowance meant that my Department was able to retain the other valuable elements of the household benefits package such as the electricity and gas allowance and the television licence. With the improved economic conditions in Budget 2018 I announced a new scheme called the Telephone Support Allowance (TSA). The primary objective of the TSA payment is to allow the most vulnerable people access to personal alarms or phones for security by providing a contribution towards the cost. People in receipt of qualifying Social Protection payments and also in receipt of the living alone increase and fuel allowance automatically qualify for the TSA.

I hope this clarifies the matter for the Deputy.

Legislative Reviews

Questions (544)

Donnchadh Ó Laoghaire

Question:

544. Deputy Donnchadh Ó Laoghaire asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 456 of 13 November 2018, the amendments required to Part 9 of the Children and Family Relationships Act 2015; if this will require further legislation; her deadline to amend this Part; and if she will make a statement on the matter. [49321/18]

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Written answers

The sections in Part 9 of the Children and Family Relationships Act 2015 (CFRA 2015) that the Deputy refers to are amendments to the Civil Registration Act 2004 (CRA 2004) that allow for the registration and re-registration of births of donor-conceived children. These provisions fall within my remit, and as such, I can inform the Deputy that I intend to introduce a number of amendments to correct technical errors in the provisions as they currently stand.

There is a conflict in section 92 of CFRA 2015 concerning the definition in CRA 2004 of ‘Act of 2015’, as this term is also defined in that Act as referring to the Gender Recognition Act 2015. Consequently, sections 93 and 95 require amendment as they also include reference to the ‘Act of 2015’.

Section 99 of CFRA 2015 inserts, in the First Schedule of CRA 2004, the required particulars for registration of details of “Parent”. The list of particulars, however, is incomplete and requires amendment to add: “surname, birth surname, address and occupation of parent; Former Surname(s) (if any) of parent”. This will bring the list of required particulars for registration of details of “Parent” into line with those of “Mother” and “Father” already set out in the First Schedule.

My intention is to correct these technical errors by means of Committee Stage amendments to the Social Welfare, Pensions and Civil Registration Bill 2017, which I hope to see taken early in the new year.

State Pension (Contributory) Appeals

Questions (545)

Mary Butler

Question:

545. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will be contacted about their pension payment which is €14 under the maximum rate; and if she will make a statement on the matter. [48848/18]

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Written answers

On 23 January last, the Government agreed to allow pensioners, born on or after the 1st September 1946, affected by the 2012 changes in rate bands, to have their state pension (contributory) entitlement calculated under an interim “Total Contributions Approach” (TCA).  The changes also provide for up to 20 years of home caring periods in the calculation of that entitlement, for those who took time out of the workplace for parenting children under age 12, or individuals who needed increased levels of care. 

The changes apply to those who reached pension age on or after 1st September 2012  who were awarded less than maximum rate, on post Budget 2012 rate bands.  The changes do not apply to anyone already entitled to maximum rate state pension (contributory).

Currently there are approximately 79,000 pensioners in this category.  My Department has issued Information Letters to over 70,000 of these pensioners who are resident in Ireland and the person concerned was one of these pensioners.  The remaining over 8,000 pensioners resident outside of Ireland are expected to receive these letters in December. 

The Information Letter informs pensioners that my Department will contact them directly with the outcome of their individual pension review, or a request for further information regarding gaps in their social insurance record, if required to complete their review.   It is not necessary for anyone to contact the Department on this matter.  

Work on examination of the social insurance records of the pensioners concerned commenced in September.   As social insurance records are unique to individual pensioners, this manual examination phase is expected to continue to the end of the year.   To date, over seventy temporary staff members have been recruited to work on this phase.  Further recruitment will take place in January  2019 when the first pension reviews are expected to get under way following enactment of the Social Welfare, Pensions and Civil Registrations Bill 2018.  In line with this timeframe, it is anticipated that the first review outcomes will be notified to pensioners during Quarter 1 2019.  

Payment of increases, where awarded, will be made immediately after an individual's review is completed.   Given the numbers involved, it will take my Departments a number of months to work through all the reviews.   In all cases,  where the outcome of the review results in an increase in state pension (contributory) entitlement, the increase will be backdated to 30 March 2018 or the date of a person's 66th birthday if later, and arrears will be paid.   

Personal pension entitlement rates will not be reduced as a result of this review.  If a pensioner does not qualify for an increased rate, they will continue to receive their existing rate of entitlement. 

I hope this clarifies the matter for the Deputy.

Working Family Payment Appeals

Questions (546)

Michael Healy-Rae

Question:

546. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [48857/18]

View answer

Written answers

Working Family Payment (WFP) is a weekly tax free payment which provides additional income support to employees, with children, on low earnings. The applicant, in order to qualify for working family payment, must be engaged in full-time remunerative employment as an employee for no less than 38 hours in a fortnight.

According to our records Mr Miguel’s employment ceased on 31 December 2017 and from the 04 January 2018 he was not entitled to Working Family Payment. Mr Miguel continued to receive Working Family Payment up to 21 February 2018 and therefore he was overpaid for seven weeks.

A new application for Working Family Payment was received from Mr Miguel on 31 October 2018. However this application could not be processed because his spouse has a Jobseeker’s Allowance (JSA)claim pending. The Jobseekers Allowance claim is due to be processed shortly and, once this has been completed, Mr Miguel's Working Family Payment application will be processed without delay and he will be notified of the decision.

I trust this clarifies the matter for the Deputy.  

Illness Benefit Applications

Questions (547)

Michael Healy-Rae

Question:

547. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of illness benefit payments for a person (details supplied); and if she will make a statement on the matter. [48858/18]

View answer

Written answers

The Illness Benefit claim for the person concerned is medically certified and paid up to the 29th November 2018.

If the person concerned remains ill and unfit for work, a further medical certificate should be submitted to the Department in order for further payments to issue.

I trust this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (548)

Mary Butler

Question:

548. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will receive a decision on an application for disability allowance; and if she will make a statement on the matter. [48880/18]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on 9th November 2018 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.

Partial Capacity Benefit Scheme Applications

Questions (549)

Willie O'Dea

Question:

549. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will be made on an application by a person (details supplied) for a partial capacity allowance at the maximum rate; and if she will make a statement on the matter. [48881/18]

View answer

Written answers

Partial Capacity Benefit (PCB) allows a person who has been in receipt of Invalidity Pension and who may not have full capacity for work, to return to employment and continue to receive a partial or full payment from the Department.

The PCB claim for the person concerned is the subject of an appeal with the Social Welfare Appeals Office.

A submission has been sent to the Social Welfare Appeals Office and on return of the file the PCB claim for the person concerned will be processed as quickly as possible.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Questions (550)

Bernard Durkan

Question:

550. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 327 of 18 January 2018, if the form as requested by her Department from the UK Department of Work and Pensions has been received in the case of a person (details supplied); and if she will make a statement on the matter. [48887/18]

View answer

Written answers

The person concerned is in receipt of the maximum rate of Irish widow(er)’s or surviving civil  partner’s contributory pension payable under 66 years of age. The person concerned is also in receipt of a fuel allowance.

The Department of Work and Pensions (DWP) in the UK is the competent authority for the assessment of a person’s entitlement to benefits from the UK.  The appropriate form, to request the DWP to examine if the person held a UK pension entitlement, was sent on the 10 May 2017.  A further copy was sent on 16th of January 2018, of which receipt was confirmed by the DWP on 25 January 2018.

It is a matter for the DWP to correspond directly with the person concerned regarding their possible entitlement to a UK pension.  The person should direct any queries they have in writing to the Department of Work and Pensions, Overseas Benefits Directorate, Tyne View Park, Whitley Road, Benton, Newcastle-on-Tyne, England NE98 1BA , or by telephone to  0044 191 218 7777.

 I hope this clarifies the matter for the Deputy.

Illness Benefit Applications

Questions (551)

Michael Healy-Rae

Question:

551. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for illness benefit by a person (details supplied); and if she will make a statement on the matter. [48890/18]

View answer

Written answers

The person concerned had an Occupational Injury Benefit (OIB) claim for period 3rd September 2018 to 20th October 2018 which was paid up to the final certificate date.

Further medical certificates covering the period 12th November 2018 to the 25th November 2018 were received but no application claim form (IB1) was received.

An IB1 application form has been issued to the person concerned and when this is returned his new OIB claim will be processed and any arrears due will be issued.

I trust this clarifies the matter for the Deputy.

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