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Tuesday, 27 Nov 2018

Written Answers Nos. 552-569

Social Insurance

Questions (552)

James Lawless

Question:

552. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the status of the implementation of the policy which excludes Irish citizens from building up A class contributions while working in the European Patent Office despite other Irish citizens in other European institutions being able to do so; if this allowance will be extended to the European Patent Office; and if she will make a statement on the matter. [48905/18]

View answer

Written answers

Disability Allowance Eligibility

Questions (553)

Jan O'Sullivan

Question:

553. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection the limit for means to qualify for disability allowance; if there is leeway particularly for a person that has an occupational pension having had to retire early due to a long-term illness; and if she will make a statement on the matter. [48907/18]

View answer

Written answers

Disability Allowance, DA, is a statutory means-tested payment and the provisions governing the assessment of means are set out in legislation. These provisions do not exempt monies received from an occupational pension from assessment.

When deciding on an application for DA, a deciding officer has no discretion regarding the application of this legislation.

I trust this clarifies the matter for the deputy.

Illness Benefit Applications

Questions (554)

Tom Neville

Question:

554. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of an illness benefit application by a person (details supplied). [48913/18]

View answer

Written answers

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

The claim is both medically certified and paid up to 27 November 2018. If the customer 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.

Disability Allowance Applications

Questions (555)

John McGuinness

Question:

555. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the status of an application for disability allowance by a person (details supplied). [48919/18]

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Written answers

Based on the evidence supplied in support of this person’s application, his application for disability allowance (DA) was disallowed on the grounds that the medical qualifying condition was not satisfied. They were notified in writing of this decision on 30 April 2018.

They requested a review of the decision by a deciding officer (DO) and supplied further medical evidence on the 18 October 2018. A review of this decision was carried out and they have been awarded disability allowance with effect from 3 January 2018.

The first payment will be made on 28 November 2018. Arrears of payment due have been calculated and issued to this gentleman on 22 November 2018.

I trust this clarifies the matter for the Deputy.

Illness Benefit Applications

Questions (556)

John McGuinness

Question:

556. 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; if there are arrangements with the Australian authorities for the person to benefit from their seven years work in Australia which ceased due to injuries from an assault. [48920/18]

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Written answers

Paternity Leave Data

Questions (557)

Anne Rabbitte

Question:

557. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the number of parents that took part in the paternity leave scheme in 2016, 2017 and to date in 2018, in tabular form. [48948/18]

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Written answers

The information requested in respect of the number of people that have availed of paternity benefit in 2016, 2017 and from 1 January 2018 to 31 October 2018 is set out in the table:

PATERNITY BENEFIT

Recipients

1st January 2018 - 31st October 2018

19,837

2017

26,559

2016 (Commenced 1 September)

5,013

   I hope this clarifies the matter for the Deputy.  

Maternity Leave

Questions (558)

Anne Rabbitte

Question:

558. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the number of parents that took part in the maternity leave scheme in 2016, 2017 and to date in 2018, in tabular form. [48949/18]

View answer

Written answers

The information requested in respect of the number of people that have availed of maternity benefit in 2016, 2017 and from 1 January 2018 to 31 October 2018 is set out in the table:

MATERNITY BENEFIT

Recipients

1 January 2018 - 31 October 2018

32,888

2017

45,331

2016

41,406

  I hope this clarifies the matter for the Deputy.  

Carer's Allowance Applications

Questions (559)

Denis Naughten

Question:

559. Deputy Denis Naughten asked the Minister for Employment Affairs and Social Protection if all carer's allowance applications are examined by a medical referee before refusal on care requirements as set out in section 179(4) of the Social Welfare Consolidation Act 2005 is issued; and if she will make a statement on the matter. [48953/18]

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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.

A person is deemed to require full-time care and attention (FTCA) where they require from another person continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid being a danger to themselves. 

They must also be likely to require this level of care for at least 12 consecutive months.

Under social welfare legislation, the decision as to whether the qualifying conditions for receipt of carer's allowance are met is made by a Deciding Officer, having regard to the relevant legislative provisions. 

Deciding Officers (DOs) are appointed by the Minister for Employment Affairs and Social Protection and charged with making decisions on any and all questions relating to entitlement to social welfare payments having regard to the relevant legislation. 

Social welfare legislation also provides that a DO may seek the opinion of one of the Department's Medical Assessors (MAs) as to the care requirement condition. The MA, in such cases, assesses all of the relevant information available to them and provides the DO with their opinion.

Where the MA provides an opinion, the DO must have regard to that opinion but the final decision as to whether the conditions is satisfied or not rests with the DO. 

The legislation governing Medical Assessors' opinions is contained in section 300A of the Social Welfare Consolidation Act 2005, as amended. 

I hope this clarifies the matter for the Deputy.   

State Pension (Non-Contributory)

Questions (560)

Mattie McGrath

Question:

560. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection if a person (details supplied) in receipt of the non-contributory pension will have the pension amended following the change in the rules surrounding contributions in view of the fact that the person lost due to the 2012 changes; and if she will make a statement on the matter. [48956/18]

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Written answers

On 23 January last, the Government agreed to allow pensioners, born on or after the 1 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 1 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).

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.  

Pensioners currently in receipt of state pension (non-contributory), who had previously established lower state pension (contributory) entitlements,  will be included in the review and will be contacted directly by my Department.  They will be paid whichever pension qualifies them for the highest weekly rate of entitlement.    

Payment of increases, where awarded, will be made immediately following the completion of an individual's review.  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.

Social Welfare Benefits

Questions (561)

Donnchadh Ó Laoghaire

Question:

561. Deputy Donnchadh Ó Laoghaire asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the issue of prisoners not receiving welfare payments and having to reapply upon release from prison. [48998/18]

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Written answers

My Department provides support for persons through the various schemes it administers. The legislation provides that persons are disqualified from payment while detained in prison or in legal custody under Section 249 (1) of the Social Welfare Consolidation Act (2005)  as amended.  On application under a particular scheme following release from prison if there any issues in relation to the payment an exceptional needs payment may be available to the customer.   

 I trust that this clarifies the matter for the Deputy.

Part-Time Job Incentive Scheme Data

Questions (562)

John Brady

Question:

562. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of the part-time job incentive scheme in each of the years 2016, 2017 and to date in 2018; and if she will make a statement on the matter. [49021/18]

View answer

Written answers

The information requested by the Deputy is detailed in the table.  

Recipients of part-time job incentive at 31 December 2016 and 2017 and at 31 October 2018

 

 31 December 2016

 31 December 2017

 31 October 2018

  Part-time job incentive

 467

 418

283  

Part-Time Job Incentive Scheme Data

Questions (563)

John Brady

Question:

563. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of persons that have spent more than one year on the part-time job incentive scheme; and if she will make a statement on the matter. [49022/18]

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Written answers

At the end of October there were 105 persons that had spent more than one year on the part-time job incentive scheme.

Part-Time Job Incentive Scheme Eligibility

Questions (564)

John Brady

Question:

564. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the criteria used to determine whether a person can remain in receipt of the part-time job incentive scheme payment beyond one year; and if she will make a statement on the matter. [49023/18]

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Written answers

The Part-Time Job Incentive (PTJI) is a scheme for the long-term unemployed who can take up part-time employment for less than 24 hours per week and continue to receive a weekly payment.  The scheme can provide assistance to long-term unemployed who can only find part-time work and who fail the ‘4 in 7’ jobseeker’s rule or do not qualify for the Working Family Payment.

 The scheme is intended as a stepping stone to full-time work and the person must continue to look for full-time work while in receipt of the payment.  It supports those who secure intermittent or temporary part-time employment and facilitates them in re-engaging and participating in the labour market.

 To qualify for the part-time job incentive scheme a person must have been unemployed on a long-term basis.  In addition, they must have been in receipt of a higher jobseeker's payment rate than the appropriate part-time job incentive supplement payable.  The personal rate for PTJI is currently €125.40 per week for a single person or €204.50 per week for those with a Qualified Adult.  Earnings from the part-time job do not affect the rate of payment.  The duration for which payment under the PTJI scheme can be awarded is initially for up to one year but in exceptional circumstances, subject to review, it may be extended for a further period.

 Part-time workers in the educational section such as school-bus drivers and wardens who are participating in the PTJI scheme are paid for the duration of their employment usually in line with the academic year.  As they are not paid for holiday periods their claim ceases and they may claim a jobseeker's or other payment for the duration of the school holiday periods.  It is open to them to make a new claim for the PTJI scheme when they resume work, provided all other conditions are satisfied.

Any changes to the part-time job incentive scheme  would have to be considered in a budgetary and policy context.  

Illness Benefit Payments

Questions (565)

Fiona O'Loughlin

Question:

565. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the reason a person in receipt of illness benefit is not entitled to a Christmas bonus; and if she will make a statement on the matter. [49067/18]

View answer

Written answers

A Christmas Bonus payment is paid to all customers on a long term social welfare payment.  In the week commencing 3 December this year, a 100% Christmas Bonus payment will be made to approximately 1.2 million social welfare recipient at an estimated cost of €264.3 million.

However, as illness benefit is a short term social welfare payment, people in receipt of same are not entitled to the Christmas bonus.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (566)

Michael Healy-Rae

Question:

566. 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. [49076/18]

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 23 October 2018.  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 case in question 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 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 trust this clarifies the matter for the Deputy.  

Disability Allowance Payments

Questions (567)

Tom Neville

Question:

567. Deputy Tom Neville 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. [49078/18]

View answer

Written answers

Disability allowance arrears issued to the person concerned on 21 November 2018. They were in receipt of another social welfare payment, or an increase was paid to another for his benefit, during the period 22 August 2018 to 30 October 2018. Consequently, the amount of social welfare already paid required calculation and was deducted from the arrears due.

I trust this clarifies the matter for the Deputy.

Jobseeker's Allowance

Questions (568, 571)

Willie O'Dea

Question:

568. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the way in which the policy on age-related jobseeker's allowance can continue to be justified as a preventative measure for welfare dependency when there is no basis in evidence (details supplied); and if she will make a statement on the matter. [49087/18]

View answer

Willie O'Dea

Question:

571. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the equality and poverty proofing measurements in place to protect jobseekers under 26 years of age particularly those that are experiencing homelessness, those with international protection that are moving out of direct provision and those that have support needs such as mental health and confidence building and that cannot access or participate in activation schemes; and if she will make a statement on the matter. [49109/18]

View answer

Written answers

I propose to take Questions Nos. 568 and 571 together.

In line with other EU and OECD jurisdictions reduced jobseeker’s allowance (JA) rates for young unemployed people were introduced to deal with high youth unemployment. Receiving the maximum rate of JA without a strong financial incentive to engage in education, training or employment can lead to long-term welfare dependency from a young age. As a result, if a young jobseeker on a reduced JA payment participates on an education or training programme they receive the maximum weekly personal payment of €198.

The Deputy will be aware that in 2013 the EU adopted a Council Recommendation to member states on a Youth Guarantee. The aim of the EU-wide Youth Guarantee, supported by central EU funding of €6 billion, was to provide young people under the age of 25 with a good quality offer of employment, continued education, an apprenticeship or a traineeship within a short time of becoming unemployed.  Many of the elements of a Youth Guarantee were already in place in Ireland prior to the EU Recommendation, so the implementation of the Irish Youth Guarantee focuses on enhancing processes and policies for assisting young unemployed people to secure sustainable jobs.  Under the Youth Guarantee process case officers engage with unemployed young people, on a monthly basis, to prepare and implement personal progression plans for employment.  Where young people do not find work quickly, additional supports are offered through places on employment and training schemes, which are closely aligned to the needs of the labour market.

The Youth Employment Support Scheme (YESS) which I launched on 24 September 2018 is a new work experience scheme targeted exclusively at young jobseekers, aged 18 to 24, who are either long-term unemployed or face significant barriers to employment.  All participants will receive a payment of €229.20 per week from my Department. Participants whose underlying entitlement is in excess of that amount will continue to receive their weekly payment with an additional top-up allowance of €22.50 per week.

These policies have been effective in reducing both youth and long-term unemployment. For example, the most recent data shows that Irish youth unemployment has fallen from a peak of 31.2% in 2012 to 12.0% in October 2018.  Irish youth unemployment has thus fallen from well above the EU average in 2012 (23%) to well below the current EU figure of 14.9%.

 The Department is also considering the contents of research undertaken by the National University of Ireland, Maynooth, which examined the effectiveness of the reduced rates in encouraging young jobseekers to avail of education, training, employment programmes and opportunities. The University examined the data for 18 and 19 year olds as the reduced rates were first introduced for this cohort. Their findings found positive results noting an overall reduction in unemployment durations.

 Age-related reduced rates do not apply to jobseekers with a qualified child, those transferring directly to JA from Disability Allowance or if their claim is linked to a previous JA claim made within the previous 12 months to which the maximum personal rate applied. Jobseekers aged 18-24 years who were in the care of the Child and Family Agency (TUSLA) during the period of 12 months before age 18 are not subject to age-related reduced rates (this also includes young unaccompanied minors who were in the care of TULSA). The Department actively engages with Tusla and non-Government organisations to provide supports to vulnerable young people leaving care on a case by case basis who are experiencing homelessness or are in insecure situations.

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income.  ENPs can be paid to assist with rent deposits and the costs of setting up home, including to young persons leaving direct provision accommodation and moving into the community.  

CWS staff have extensive engagement with a range of stakeholders and advocacy groups working with vulnerable people, and, for example, engages in local inter-agency responses to homelessness through its work in the Homeless Persons Unit in Dublin and engagement with Homeless Action Teams (HATs) throughout the country.  The Department also meets with organisations specifically working with migrants including Crosscare through the Migrant Consultative Forum. This is a forum where representatives of NGOs with a specialist interest in issues concerning migrants, meet with Department representatives to discuss problems/issues facing migrants in their dealings with the Department.

I trust that this information is of assistance and if the Deputy is aware of a particular case where a vulnerable young person requires the assistance of my Department, the details should be provided for review.

State Pensions Reform

Questions (569)

Michael Healy-Rae

Question:

569. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will address a matter (details supplied) regarding the State pension age; and if she will make a statement on the matter. [49088/18]

View answer

Written answers

The 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.  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, they may qualify for Jobseeker’s Benefit. Where a person exits the workforce before reaching State pension age they may apply for either the jobseeker’s benefit or jobseeker’s allowance schemes.   Jobseeker’s payments are currently paid to eligible jobseekers aged 18 to 66 years and all recipients of a jobseeker’s payment are subject to the rules of the scheme.

Jobseekers Benefit is payable subject to the person satisfying the general scheme conditions. This entitlement is normally paid for nine months (234 days) for people with 260 or more PRSI contributions paid and for 6 months (156 days) for people with fewer than 260 PRSI contributions paid.  Arrangements are in place to provide that jobseekers whose benefit expires in their 65th year can generally continue to be paid benefit up until pensionable age (66 years) provided they satisfy the necessary contribution conditions. The jobseekers schemes are kept under review and any further changes, including entitlement beyond the 66th year, will be considered in that context.

It is well known that people are living for much longer.  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 approximately €1 billion every five 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.

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