Written Answers Nos. 40-91
48. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection if the cases of persons who have failed to qualify for a contributory pension under new criteria introduced in 2012 that raised the minimum contributions needed to 520 will be examined; if the impact on those applicants who subsequently failed to qualify for a non-contributory pension will be examined; and if she will make a statement on the matter. [53452/18]
View answerIn April 2012, the number of paid contributions required to qualify for a state pension (contributory) increased from 260 to 520. This change was signalled well in advance of its introduction. In 1993, "Developing the National Pension System - Final Report of the National Pensions Board” was published, and recommended that the number of paid contributions required to qualify for a contributory pension should be increased to 520 contributions, in recognition of the expansion of PRSI coverage over the decades. The enabling legislation was contained in Section 12 of the Social Welfare Act 1997, which provided for the implementation of the change in two stages, with the paid contribution requirement being standardised initially at 260 from 2002, and rising to 520 from April 2012, 15 years after its introduction in law.
Given that the actuarial value of the State Pension is estimated at over €300,000, it is reasonable to require people who claim a contributory pension to have made at least 10 years of paid contributions over 50 years of a working age life.
Where a person does not satisfy this minimum contributions criterion, it is open to them to apply for a state pension (non-contributory). If a person does not qualify for a state pension (non-contributory), their share of household means amounts to more than €247.50 per week. Where they are part of a couple, this indicates that household means are in excess of €490 weekly. In this regard, it is important to note that this assessment does not include wages of up to €200, a spouse's State pension, or any secondary social welfare benefits either may be receiving, as these are all disregarded for the purposes of calculating the household means. Their income, therefore, would be above average for a pensioner couple.
I hope this clarifies the matter for the Deputy.
53. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection when she plans to publish the review of the policy outlined in section 18 of the Social Welfare and Pensions Act 2014, which allows for the discrimination on the grounds of age in respect of a prescribed class of persons in the provision of employment services and supports. [52953/18]
View answerSection 18 of the Social Welfare and Pensions Act 2014 allows for discrimination on the grounds of age in respect of a prescribed class of persons in the provision of employment services and supports. The provisions in Section 18 facilitate the implementation of the Youth Guarantee, which was agreed by the European Council on 22 April 2013 to tackle the challenge of youth joblessness.
My Department is nearing completion of the review of the operation, effectiveness and impact of Section 18, as required under subsection 3, and is considering its continued relevance given the improved economic situation for young unemployed. I expect to lay a report before the Houses of the Oireachtas by the end of Q2 2019.
Youth unemployment has fallen from a peak of over 32% in 2012 to its current rate of 12.3% in November 2018 ( below the EU average of 15%). The actual number of young people unemployed, estimated to have peaked at 97,400 persons in late 2010, fell to 37,600 in November 2018. Ireland is on course to bring youth unemployment to below 12% in accordance with Pathways to Work targets for 2020.
The positive downward trend in the youth unemployment rate indicates that, together with improvements in the labour market, government policy to address youth unemployment, which focuses firstly on enhancing processes and policies for assisting young unemployed people to find secure sustainable jobs, has been successful. Ensuring that as many of these jobs as possible are filled by unemployed people, particularly those on the Live Register, remains the overarching objective of the activation policies set out in Pathways to Work.
54. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the type of job schemes that are or will be available to young persons with disabilities in counties Cavan and Monaghan and north County Meath; and if she will make a statement on the matter. [52954/18]
View answerMy Department provides a range of services and supports to assist people with disabilities in obtaining and sustaining employment. Many of these are national schemes rather than oriented at a specific area or region.
First of all, my Department provides the Intreo service whose role includes the provision of support for people with a disability in reaching their employment ambitions. Training has been delivered to over 60 Intreo Case Officers to provide specialised support to people with disabilities presenting at DEASP Intreo Centres.
Working with the Intreo service, the nationwide EmployAbility service, delivered under contract on behalf of my department, is a specialist service designed to support persons with a disability in seeking and finding employment and this service is provided in the region. EmployAbility Cavan / Monaghan has the highest number of full time equivalent staff across the 23 EmployAbility companies nationwide.
My department also operates a number of general schemes which persons with a disability can avail of:
- The Community Employment (CE) programme enhances employability by providing work experience and training opportunities for people within their communities. There are currently 83 people with disabilities participating on Community Employment (CE) schemes in Cavan, Monaghan and Meath.
- The Youth Employment Support Scheme (YESS) is open to persons in receipt of Disability Allowance and Blind Pension. This scheme was launched in October and there are currently 4 people with disabilities participating on the scheme.
- The Rural Social Scheme (RSS) provides farmers and fishermen with income support while they also make a contribution to their communities. The scheme is open to people in receipt of Disability Allowance.
My department also provides financial incentives for employers to employ people with disabilities under the Wage Subsidy Scheme. In the North East region, which includes counties Cavan, Monaghan and Meath, more than 320 employers are receiving support through the subsidy, which in turn is supporting in excess of 470 people with disabilities in employment.
55. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the status of proposed legislation to deal with bogus self-employment; the progress in drafting such legislation; when such a Bill will be brought before Dáil Éireann; and if she will make a statement on the matter. [53450/18]
View answerProgressing legislation to protect the interests of workers has been one of my key objectives in 2018. I am very pleased therefore that the Employment Miscellaneous Provisions Bill will complete its passage this week and introduce important new protections - particularly for those workers in sectors where employment terms are perceived to be becoming more precarious.
As deputies will be aware, the issue of bogus or false self-employment was discussed during the debate on this Bill. There exist legislative provisions prohibiting this practice. For example, under sections 251 and 252 of the Social Welfare Consolidation Act 2005, there are already offences specified in relation to misclassifying employment in order to avoid paying the correct social insurance contributions. On conviction, fines of up to €13,000 or imprisonment for a term of up to 3 years, or both, can ultimately be imposed.
Workers who have concerns in relation to their employment status also have recourse to the Department’s SCOPE section. This section determines employment status and the correct class of pay-related social insurance (PRSI). The section applies a Code of Practice agreed with employers and trade unions in making its determinations. Where misclassification of workers as self-employed is detected, the correct status and class is determined and social insurance arrears are collected as required. This collection of arrears due in itself can impose a significant penalty on employers.
Given the concerns expressed in this house and elsewhere regarding a perceived increase in the incidence of self-employment, the Department conducted a communications campaign covering radio, print and social media, in relation to the issue of false self-employment during 2018 and will repeat this campaign again during 2019.
The Department has also increased the number of employer inspections in recent months with a specific focus on detecting cases of false/bogus self-employment. Inspections are also undertaken jointly with other agencies including the Revenue Commissioners and Workplace Relations Commission. Where evidence of non-compliance is detected, it is pursued.
Our increased level of inspections are resulting, in general, in a very low level of false or bogus self-employment. This is in line with data published by the CSO which indicates that the share of employment accounted for by self-employment is falling while that accounted for by permanent full-time employment is increasing. It also accords with recent research on contingent employment published by the ESRI.
Given the ongoing concerns, I have, nevertheless, set up a working group to review the Code of Practice for Determining Employment Status. As part of the review, we will consider the feasibility of putting the Code on a legislative basis. I expect the group to report its findings in the first half of 2019.
56. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the reason her Department is refusing access to the back to education allowance to applicants undertaking a professional masters degree in adult and community education; and if she will make a statement on the matter. [53451/18]
View answerThe back to education allowance scheme (BTEA), operated by my Department, provides people with a second chance education that will improve their prospects of securing employment. It enables eligible people to pursue approved education courses and to continue to receive income support for the duration of a course of study, subject to meeting certain conditions. There are currently 9,200 students being supported through BTEA in 2018.
The BTEA is not intended to provide a basis for a long-duration participation in extended education. In this regard, it mirrors the approach to general education grants such as the Student Universal Support Ireland (SUSI). This approach is informed by research evidence. Evidence from econometric studies shows that the 'lock-in' effect of long duration return to education programmes can exceed the 'progression effect' and reduce employment prospects.
In limited cases, post-graduate courses can be supported via BTEA, in particular in circumstances where a postgraduate qualification is a pre-requisite to take up employment. For example, BTEA can be approved where the jobseeker intends to undertake studies leading to a Higher Diploma (H.Dip) in any discipline, the Professional Masters in Education or a Masters degree based solely on life experience where the applicant holds no other third level qualification.
The qualification referred to by the Deputy, a Professional Masters in Adult and Community Education, is not one of the courses covered under the BTEA as it is not a pre-requisite for employment in adult education services nor, according to our information, does it serve as an alternative to the Professional Masters in Education required to qualify for a general teaching role.
I trust this clarifies the position for the Deputy.
57. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the status of her plans to introduce an auto-enrolment pension system; the expected date the system will come into operation; and if she will make a statement on the matter. [53324/18]
View answerPensions reform is a Government priority. The ‘Roadmap for Pensions Reform 2018-2023', which I launched in February this year, details specific time-lined actions Government will take to reform our pension system. This includes the introduction, from 2022, of an ‘Automatic Enrolment’ retirement savings system, for those without personal retirement savings. This project timeframe reflects the scale of such a programme and its importance as being the most fundamental reform of the Irish supplementary pension system in generations.
A new ‘Automatic Enrolment Programme Management Office’ within my Department has started the work required to establish the evidence base which will inform future Government decisions regarding the design of the system. An Interdepartmental Programme Board has also been established to provide strategic direction to automatic enrolment.
In August, I launched a national consultation process and a ‘Strawman Proposal for Automatic Enrolment’. This is intended to help the Government in relation to the operational structure and design decisions that will need to be made. The Strawman is a high level draft intended to generate and prompt discussion and improve ideas and should not, in any way, be construed as a confirmation of what form AE will ultimately take.
More than 100 submissions were received by the 4th November closing date from employer and employee representative organisations, industry bodies, advocacy groups and interested individuals. My officials have met with many of these groups. I also chaired a number of public consultation seminars held in Dublin, Galway and Cork.
In addition, officials have provided a dedicated briefing session for members of the Oireachtas and also attended a special meeting of the Joint Oireachtas Committee on Employment Affairs and Social Protection to discuss Automatic Enrolment.
It is my intention that the Government will continue to engage with all interested parties throughout the design and development process to ensure that the first members would be enrolled in the new system in 2022.
I hope this clarifies the matter for the Deputy.
58. Deputy Mick Wallace asked the Minister for Employment Affairs and Social Protection if her Department has responded to the draft report and request of the Data Protection Commission for further information on the processing of personal data in connection with the public services card; and if she will make a statement on the matter. [53441/18]
View answerThe purpose of our identity registration process, known as SAFE 2, is to verify a person’s identity to a substantial level of assurance. This is a necessary step when providing access to valuable state services including the income supports provided by my Department.
A Public Service Card (PSC) can issue when a person's identity is verified to SAFE 2 standard.
In addition to acting as a token that their identity has been verified to SAFE2 standard, possession of a Public Services Card (PSC) enables individuals to gain access to public services, for example free travel services, more efficiently and with a minimum of duplication of effort while, at the same time, preserving their privacy to the maximum extent possible.
The Data Protection Commissioner (DPC) has initiated an investigation to assess the legal basis for SAFE 2 registration and provided a draft report on the PSC to my Department in late August 2018. The draft report requested further information and clarifications on a broad range of areas. The DPC asked that we not disclose the draft report to any other party and we have respected that request.
The Department provided a comprehensive response to the DPC’s draft report on 30th November 2018 and we now await its response.
I hope this clarifies the matter for the Deputy.
60. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection if the Employment (Miscellaneous Provisions) Bill 2017 will be signed into law before Christmas 2018; when the provisions of the Bill will come into effect; and if she will make a statement on the matter. [52803/18]
View answerThe Employment (Miscellaneous Provisions) Bill completed Report and Final stages in the Seanad on 12 December, 2018. It is scheduled to be re-entered in the Dáil for final consideration at Report Stage this week, after which it will be submitted to the President.
The Bill is an important piece of legislation with a particular focus on improving the security and predictability of working hours for low-paid workers on insecure contracts and those working variable hours in all sectors of employment.
Subject to the legislation being signed into law, it is my intention to commence it by the first week in March 2019.
62. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection if pensioners born before 1 September 1946 who are of the view they could benefit from the new total contributions system being introduced can ask for a review similar to those born after the date; and if she will make a statement on the matter. [53415/18]
View answerA policy to introduce the Total Contributions Approach (TCA) to pensions calculation was adopted by Government in the National Pensions Framework in 2010, as was the decision to base the entitlements of all new pensioners on this approach from around 2020.
In advance of this, on the 23rd January this year, the Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated by an interim “Total Contributions Approach” (TCA) which will include up to 20 years of new HomeCaring Periods. This approach is expected to significantly benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. The TCA will ensure that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines their final pension outcome. The HomeCaring Periods can be claimed for any year in which they occurred - they are not limited to years since 1994.
People whose pensions were decided under the 2000-2012 ratebands were subject to a significantly more generous regime than those who qualified before or afterwards, as a Yearly Average of only 20 contributions per year (out of a maximum of 52) could attract a 98% pension. The effect of those changes, as it impacted upon those new pensioners since 2012, will be familiar to anyone who followed the debate on this matter over the last 6 years.
If pre-2012 pensioners were also allowed avail of HomeCaring Credits, their arrangements, as a group, would continue to be significantly more generous than those of post-2012 pensioners. There would also be a very significant cost which would be expected to be of the order of several hundred millions of euros each year. This in turn could significantly impact funds for future pension increases with consequential implications for pensioner poverty.
For those with insufficient contributions to meet the requirements for a State pension (contributory), they may qualify for a means tested State pension (non-contributory), the maximum personal rate for which is €232 (over 95% of the maximum rate of the contributory pension). This rate of payment does not include rent allowance, household benefits or fuel allowance. Alternatively, if their spouse is a State pensioner and they have significant household means, their most beneficial payment may be an Increase for a Qualified Adult, based on their personal means, and amounting up to 90% of a full contributory pension.
I hope this clarifies the matter for the Deputy.
63. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if she will report on the recovery of overpayments for social welfare; the amount outstanding for persons that are unemployed; the amount outstanding for persons in employment; and if she will make a statement on the matter. [53323/18]
View answerOverpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended). Where an overpayment is raised, the Department is obligated to make every effort to recover sums overpaid. All debts owing to the Department, are repayable in full. The Department does not apply interest or penalties on the amounts owing.
The general approach to debt recovery is that the value of an on-going deduction from a personal rate of payment or a regular instalment arrangement does not impose undue financial hardship, is consistent with what the person can afford to repay and allows the debt to be recovered within a reasonable timeframe.
A number of methods, or a combination of methods, may be used to recover debt, including:
- deduction from ongoing and future social welfare payments;
- withholding arrears of social welfare payments;
- offset against other entitlements;
- payment by lump sum(s);
- regular or instalment payments;
- attachment of financial assets or wages; and
- settlement of the estate of a deceased customer.
Recoveries for 2017 amounted to €81.4m and, to end of October 2018, totalled €66.4m.
As at end of October 2018, the outstanding balance due to the Department was €475.4 million in respect of approximately 156, 000 individual debts.
The amount outstanding by persons currently in receipt of a social welfare payment from the Department is €191.3 million in respect of approximately 149,700 individual debts and €284.1 million in respect of approximately 106,500 individual debts for persons not currently in receipt of a payment the Department.
I hope this clarifies the matter for the Deputy.
64. Deputy John Curran asked the Minister for Employment Affairs and Social Protection her plans to introduce or amend legislation to enable representation and arbitration for members of semi-State defined benefit pension schemes; and if she will make a statement on the matter. [53326/18]
View answerScheme trustees have duties and responsibilities under trust law, under the Pensions 1990, as amended, and under other relevant legislation. The duties of pension scheme trustees include administering the scheme in accordance with the law and the terms of the trust deed and scheme rules as well as ensuring compliance with the requirements that apply to these schemes. Trustees must act in the best financial interest of all scheme members, whether active, deferred or retired, and must serve all beneficiaries of the scheme impartially.
Measures were also introduced in 2015 to facilitate engagement between the trustees of a pension scheme and groups representing the interests of pensioner and deferred scheme members. Changes to guidance issued by the Pensions Authority require the trustees of a pension scheme to notify groups representing the interest of scheme members of proposals to issue a direction under section 50 of the Pensions Act to restructure scheme benefits. This affords the representative group an opportunity to make a submission to the trustees of a pension scheme in relation to proposals to restructure scheme benefits. These changes facilitate engagement between groups representing the interests of pensioner and deferred scheme members and the Pension Authority and the trustees of a pension scheme.
Groups representing the interests of pensioners and deferred scheme members have a right to appeal a section 50 direction by the Pensions Authority to the High Court on a point of law.
While current legislation does not specifically provide that member trustees must include at least one or more members from each scheme membership cohort, namely, active, deferred and pensioners, it does provide an opportunity for membership from each cohort and such members may avail of the opportunity to become scheme trustees or nominate others to act on their behalf.
The Pensions Authority is the regulatory body charged with the supervision of pension schemes and has the necessary powers under statute to investigate the conduct of a pension scheme should it become aware that a scheme is not in compliance with the provisions of the Pensions Act. Where a pension scheme member is of the view that the scheme is not in compliance with legislative requirements he or she may make a formal complaint to the Pensions Authority.
Any questions relating to access to the State's industrial relations machinery is a matter for the Minister for Business, Enterprise and Innovation.
I hope this clarifies the matter for the Deputy.
65. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection her plans to carry out a review of the way in which capital and savings are assessed for the majority of means-tested social welfare schemes in view of the low interest rates on deposits that have existed for some considerable time; and if she will make a statement on the matter. [53205/18]
View answerIn assessing means for social assistance payments, account is taken of all income and property belonging to the claimant and his or her spouse or partner. Social welfare legislation provides that the yearly value of property (not including the family home) is assessable for means testing purposes by way of a formula set out in the legislation. In this regard, for most social assistance schemes, the first €20,000 of capital is fully disregarded; the next €10,000 assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand. The disability allowance means test disregards the first €50,000 of capital.
The capital assessment formula is not designed to reflect interest or annuity rates available to investors and no account is taken of interest or dividend payments received in the means assessment. The assessment formula reflects the fact that there is an expectation that persons with reasonable amounts of capital and property are in a position to use that capital or to realise the value of property to support themselves without having to rely solely on a means tested welfare payment.
Any changes to the capital means test would have to be considered in an overall policy and budgetary context.
66. Deputy John Curran asked the Minister for Employment Affairs and Social Protection her plans to increase the numbers participating in drug rehabilitation community employment schemes; and if she will make a statement on the matter. [53327/18]
View answerAs the Deputy is aware, Community Employment (CE) aims to help the long-term unemployed to re-enter the workforce by breaking their cycle of unemployment through a return to a regular work routine and through the provision of training and development.
The Department continues to support the objectives of the national drugs strategy “Reducing Harm, Supporting Recovery” 2017-2025 with focused services for the labour market re-integration of people recovering from substance misuse. Primary amongst these is the CE Programme with an allocation of 1,000 dedicated ring-fenced drug rehabilitation places.
At the end of November 2018, there were 47 dedicated drug rehabilitation CE schemes nationally. A total of 980 participants were placed in drug rehabilitation places on CE (875 in the dedicated ring-fenced drug rehabilitation schemes and 105 in the drug rehabilitation placements in CE mainstream schemes).
I can assure the Deputy that my Department keeps schemes under constant review to ensure positive and appropriate engagement with clients.
67. Deputy John Brady asked the Minister for Employment Affairs and Social Protection if illness benefit payments are now back at normal levels; if all fixes of the automated system have been put in place; and if she will make a statement on the matter. [53331/18]
View answerMy Department transferred administration of the Illness Benefit scheme to its core 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 took three main steps to resolve the issues impacting on payments. First, deployed additional staff to process works and respond to the customer enquiries. Second, developed some new IT workarounds that address the payment gap issues and to ensure a faster flow-through to payments. Third, continue to review the design rules in the system to afford greater flexibility in processing of claims and certificates.
Payment levels are now maintained at the expected norm, (over 50,000 customers paid each week) for the past two months. People who are due a payment and whose certificates and claims are in order now receive their payment entitlement promptly. In stating this it is important to note that there are always cases, and were always such cases under the old system, where people's payments are legitimately stopped or paused for a variety of reasons.
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 early in 2019.
Finally, I would like to sincerely apologise for the difficulties experienced by customers earlier this year and believe the action taken to address these have worked and we will continue to work to ensure customers receive a high standard of good service.
I hope this clarifies the matter for the Deputies.
68. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection her plans to reduce the percentage deduction from payments for those is receipt of jobseeker's allowance and farm assist arising from self-employed income; and if she will make a statement on the matter. [53206/18]
View answerThe assessment of means for the purpose of qualifying for farm assist is designed to reflect the actual net income from farming. Income and expenditure figures for the preceding year are generally used as an indicator of the expected position in the following year. However, account is taken of any exceptional circumstances in order to ensure that the assessment accurately reflects the current situation.
In March 2017, the percentage of income earned from farming or off-farm self-employment assessed as means was reduced from 100% to 70%. Also, additional disregards for claimants with children were introduced with €254 of income per annum disregarded for each of the first two children and €381 for third and subsequent children.
It may also be noted that farm assist customers continue to receive more beneficial treatment than other self-employed persons as payments received under the Agri-Environment Options Scheme (AEOS), Green Low-Carbon Agri-Environment Scheme (GLAS) or Special Area of Conservation (SAC) schemes are assessed separately from other farm income. With regard to this income, the first €2,540 is disregarded, and then 50% of the balance and related expenses are disregarded.
A person may qualify for jobseeker's allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Where self-employed people satisfy the appropriate means test and any other specific qualifying conditions, they may be eligible for jobseeker's allowance in the same manner as employees.
In assessing means from self-employment, income from the previous twelve months is used as an indicator of likely future earnings. Given the variety of self-employment situations, the means assessment procedures are applied in a flexible manner to ensure that any circumstances that would be likely to lead to a significant variation, either upward or downward, in the level of a person’s income from one year to the next are taken into consideration.
People who were previously self-employed and are now in receipt of jobseeker’s allowance have access to the full range of activation measures and supports available to other jobseeker’s allowance recipients. This includes referral to group information sessions, one to one interviews and subsequent case officer support. It also includes access to training, temporary employment, work-experience and recruitment subsidy programmes. Further, it should also be noted that Budget 2019 announced an extension of Jobseekers Benefit to the self-employed. This is expected to be introduced towards the end of 2019.
Any changes to the assessment of self-employment income for jobseeker's allowance and farm assist would have to be considered in the overall policy and budgetary context.
70. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection her plans to expedite the analysis being conducted by her Department on the impact of Brexit and reciprocal arrangements in view of the increased uncertainty regarding Brexit; and if she will make a statement on the matter. [53325/18]
View answerMy key area of interest is the impact of Brexit on the current reciprocal arrangements for social insurance schemes, social assistance schemes and child benefit between Ireland and the UK, including Northern Ireland.
The dedicated team in my Department continues to conduct a deep analysis of all possible scenarios on a scheme by scheme basis and contingency planning is ongoing for all outcomes, including a no-deal or worst-case outcome.
It is important to note that the social security arrangements between the UK and the EU27 have not changed. The future operation of arrangements will, of course be determined as part of the complex process of negotiating the UK’s exit from the EU.
The maintenance of the Common Travel Area (CTA) arrangements is one of the Government’s four Brexit priorities. The importance of maintaining the CTA was acknowledged in Prime Minister May’s letter of 29 March 2017 triggering Article 50 of the Treaty of the European Union, the Joint EU / UK Progress report agreed at the European Council on 15 December 2017, and is provided for in the Draft Agreement on the withdrawal of the UK as endorsed by EU leaders on 25 November 2018.
I met with the then UK Secretary of State for Work and Pensions, the Right Honourable Esther McVey, on 23 April 2018. We agreed on our objective in ensuring that the reciprocity of social welfare rights and entitlements, which currently exist for Irish and UK citizens moving within Ireland and between Ireland and Britain under the CTA, are safeguarded and maintained.
71. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the steps she is taking to restore to the maximum rate jobseeker's payments to persons under 25 years of age; and if she will make a statement on the matter. [52952/18]
View answerIn line with other EU and OECD jurisdictions where such measures feature, reduced rates were introduced to protect young people from welfare dependency by providing young jobseekers with a strong financial incentive to engage in education or training or to take up employment.
Should a young jobseeker on a reduced jobseeker’s allowance payment participate on an education or training programme they receive a higher weekly payment of €198. I introduced in Budget 2019 a €5 increase for all Jobseekers including younger jobseekers which will come into effect during March.
Reduced rates of Jobseekers do not apply to those aged 18-24 years who were in the care of TUSLA during the 12 months before they reached 18 and I am extending this to those reaching 25 years of age in the current social welfare bill.
The Youth Employment Support Scheme (YESS) which I launched in September this year is a new work experience scheme targeted exclusively at young jobseekers. All participants will receive a payment of €229.20 per week. 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.
The policies implemented have been effective in reducing youth and long-term unemployment. The latest monthly unemployment figures report that the unemployment rate for persons aged 15-24 years was 12.3% which is a significant decrease of 4 percentage points, from 16.3% in November 2016.
Any such changes could only be considered in a budgetary context.
72. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection if the contracts with JobPath providers will be extended; the date on which the current contracts expire; if a value for money study will be commissioned into the service provided by both companies; and if she will make a statement on the matter. [53449/18]
View answerJobPath is a service which supports people who are long-term unemployed to secure and sustain full time paid employment. Two companies, Seetec and Turas Nua, have been contracted by my Department to deliver the service. The contracts are for six years, comprising two consecutive phases: phase one entails four years’ of client referrals, while phase two entails a ‘run off’ period during which time no additional clients will be referred. Therefore client referrals will cease on 31st December 2019 and the contracts will terminate in 2021. It is important to note that services will be delivered to completion for those clients referred during phase one.
The contracts include options to extend phase one for further periods (up to a maximum of 24 months) at my Department’s discretion. While proposals to extend the contracts are not currently under consideration, my Department will keep the situation under review.
At present, a full econometric evaluation of the service is being conducted in conjunction with the OECD. The results of this econometric evaluation will inform my Department's consideration of any future developments in this area.
74. Deputy Louise O'Reilly asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that the Med 2 form needs a signature from the spouse of the claimant; the arrangements made to facilitate a claim without this signature in cases in which the claimant and spouse are estranged, for example, in the case of domestic abuse; and if she will make a statement on the matter. [53439/18]
View answerForm MED 2 referred to by the Deputy appears to be a Revenue form used in connection with claiming certain medical expenses tax reliefs and as such does not fall within the remit of my Department.
75. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the steps she has taken to address significant delays being experienced with carer's allowance applications; and if she will make a statement on the matter. [53483/18]
View answerMy Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed as quickly as possible.
Where any scheme area experiences delays, all possible steps are taken to improve processing times. This includes the assignment of additional resources, where available, and the review of business processes, to ensure the efficient processing of applications.
In general, social welfare schemes with a number of complex qualifying conditions can take longer to process.
To qualify for carer's allowance, the carer must show that they are habitually resident in the State, that they are providing full-time care and attention to a person who requires this level of care and that their means are less than the statutory limit.
At the end of November 2018 the average waiting time for a decision on a new carer's allowance application was 16 weeks.
This showed an improvement on the October figure of 17 weeks and was achieved by the re-assignment of staff from other areas of the Longford Centralised Schemes Office to claims processing in October. I expect that this improvement will continue over the coming weeks.
I hope this clarifies the matter for the Deputy.
76. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection her plans to amend the conditions pertaining to the rural social scheme, with particular reference to the need to remove the six-year participation limit; and if she will make a statement on the matter. [53392/18]
View answer86. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection if consideration will be given to amending the means test in respect of participation in the rural social scheme in view of the fact the additional income derived from the scheme may help in some circumstances to upgrade essential on-farm facilities and make the small-scale farm more viable for the long-term, thus enabling the participant to exit the scheme and return to full-time farming; her views on whether a reduction in the level of payment for the participant can act as a disincentive to increasing farming output; and if she will make a statement on the matter. [53393/18]
View answerI propose to take Questions Nos. 76 and 86 together.
The rural social scheme (RSS) provides opportunities for farmers and fishermen / women who are currently in receipt of specified social welfare payments to work to provide certain services of benefit to rural communities. Communities benefit from the skills and talents of local farmers and fishermen and participants have the opportunity to improve existing skills, or develop new skills, while performing this valuable work in their local communities.
Since 1st February 2017, a 6 year overall participation limit on the work scheme applies. It should be noted that almost 50% of participants were on the RSS for over 10 years. As a result, opportunities for new people to go on the scheme were very limited. It was in this context that a maximum six year participation limit on the scheme was introduced for participants commencing on or after 1st February 2017.
RSS participants who commenced on the scheme prior to 1st February 2017 will remain on the scheme, as long as they continue to remain eligible for the scheme. The six year limit ensures that there will be a throughput of places available. In addition income support continues to be available to eligible farmers and fishermen who are not on RSS in the form of Farm or Fish Assist.
As the RSS is a supplementary income support scheme designed specifically for those whose income falls below a certain limit, an individual must continue to satisfy the qualifying criteria for the scheme to be eligible to participate on the RSS.
If a participant’s circumstances change, a means test is undertaken to determine their new rate of payment. The means assessment for RSS includes income that the participant and their spouse, civil partner or cohabitant has in addition to any capital or property (except their own home). Payment of RSS is not taken into account when assessing the weekly means. If changes were made to the conditions to allow all participants receive the full rate of payment regardless of their means, it would in effect change the nature of the scheme of supporting farmers and farm families with low incomes.
The rate paid to a participant on the RSS is equivalent to the participants underlying social welfare payment plus a top-up of €22.50 subject to a minimum payment of €220.50. RSS participants in receipt of a widow’s pension or disability allowance retain their payment and also receive a top-up payment which will bring the minimum weekly payment equal to €220.50.
As part of the recent Social Welfare Budget package for 2019, I increased the weekly personal rate for participants by €5.00 with proportionate increases in weekly payments for qualified adult dependants with effect from March 2019.
If the Deputy has a particular case in mind that warrants a means review, the details should be forwarded to my Department along with supporting documentary evidence. A further review will then be undertaken by my officials.
I hope this clarifies the matter for the Deputy.
77. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the stage at which the Social Welfare, Pensions and Civil Registration Bill 2017 is; if concerns regarding defined benefit pension schemes have been resolved; and if she will make a statement on the matter. [53333/18]
View answerAs you are aware, the General Scheme of the Social Welfare and Pensions Bill 2017 (now the Social Welfare, Pensions and Civil Registration Bill 2017), was published in May 2017 and contained a number of key measures relating to DB pension schemes. It is intended that these measures will act to support existing provisions in the Pensions Act by providing for further protection for scheme members’ benefits and enhancing employer responsibilities for their schemes.
In July 2018, Government approval was obtained to draft additional provisions to be included in the Bill at Committee Stage including provisions relating to defined benefit schemes.
In developing these provisions, it is essential to recognise the current pension landscape in Ireland so that a balanced, proportionate approach is developed and that unintended negative consequences do not arise.
Under existing pensions law, there is no legislative obligation on the employer to make contributions to a scheme. However, the provisions of this Bill will introduce a new regime into the Pensions Act 1990 which, amongst other things, will ensure that an employer cannot “walk away” at short notice from the pension scheme it is supporting by providing a 12 month notification, and will enable the Pensions Authority to make a funding obligation direction specifying payments to be made by a sponsoring employer to the pension scheme where no agreement is reached, within a specified time period, to resolve a funding deficit.
The defined benefit pension provisions are very technical and involve complex policy issues. In order to achieve a resilient solution it has been necessary to consult with and obtain numerous legal advices from the Office of the Attorney General on various aspects of this policy. When these matters have been resolved and amendments approved by Government, an early date for Committee Stage will be requested.
I hope this clarifies the matter for the Deputy.
78. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the steps she plans to take to facilitate the award of widow or widower's pension in respect of persons married here following a divorce in another jurisdiction whose status for remarrying was in order but that in the event of the death of either party it now follows that widow or widower's pension is not payable, thereby raising a further question as to the way in which it was permissible for them to marry here; if the matter will be examined with a view to ensuring that full legal status and recognition is applicable; and if she will make a statement on the matter. [53446/18]
View answerTo qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish law, to be the legal widow(er) of the deceased.
The legislative provisions pertaining to the recognition of divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986.
In order for a foreign divorce to be recognised in this State, one of the parties to the divorce must be domiciled in the country granting the divorce when proceedings were initiated. One of the criteria in establishing a domicile choice would be that the person intended to reside permanently, or at least indefinitely, in the jurisdiction of the state granting the divorce. Responsibility for this legislation lies with the Minister for Justice and Equality.
I hope this clarifies the matter for the Deputy.
80. Deputy James Browne asked the Minister for Employment Affairs and Social Protection her plans to address delays affecting benefit and allowance payments; and if she will make a statement on the matter. [52800/18]
View answerMy Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed as quickly as possible.
In general, social welfare schemes with a number of complex qualifying conditions can take longer to process.
Where any scheme area experiences delays, all possible steps are taken to improve processing times. This includes the assignment of additional resources, where available, and the review of business processes, to ensure the efficient processing of applications.
My Department has deployed additional staff to process new Illness Benefit claims received and resolve issues being encountered by existing applicants.
The average waiting time for a decision on a new carer's allowance application in November was 16 weeks.
This showed an improvement on the October figure of 17 weeks and was achieved by the re-assignment of staff from other areas of the Longford Centralised Schemes Office to claims processing in October. I expect that this improvement will continue over the coming weeks.
I hope this clarifies the matter for the Deputy.
81. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the amount of money recouped since her Department began recovering moneys that were overpaid to a person from the estate of the deceased; and if she will make a statement on the matter. [53334/18]
View answerA number of methods, or a combination of methods, may be used to recover debt due to the Department where a customer is deemed to have been overpaid under any benefit or assistance scheme. These methods include:
- deduction from ongoing and future social welfare payments;
- withholding arrears of social welfare payments;
- offset against other entitlements;
- payment by lump sum(s);
- regular or instalment payments;
- attachment of financial assets or wages; and
- settlement of the estate of a deceased customer.
Provisions in respect of the recovery of sums overpaid from the estates of deceased customers has been a feature of the social welfare system for several decades. The most recent statutory provisions are set out in Social Welfare (Consolidation) Act 2005, as amended.
Data for the period 2015 to date is set out in the table below in respect of the number of cases which were managed under the estate process, together with the outstanding value of debt to be managed at the end of October 2018. Due to limitations in the debt management systems prior to 2015, similar data is not readily available for earlier years.
While the Department does not report separately on the amount received in the course of the settlement of estate cases, it is possible to say that the difference between the sums raised and the sums currently outstanding represents the sums recovered. In this context, it should be noted that some cases of debt may have to be written off after a period of time if the estate proves to be insolvent. Similarly, in some cases, settlement of a lesser amount that the sum assessed as having been overpaid may be deemed to be the most effective course of action to take to secure partial recovery of any sum overpaid.
Number and value of debts raised in Estate cases 2015-2018 and balance outstanding at end October 2018
|
Year overpayment raised |
No. of cases raised |
Value raised |
Balance outstanding as at end October 2018 |
Original value of debt settled |
|
2015 |
494 |
€18,535,506 |
€916,336 |
95% |
|
2016 |
649 |
€20,525,410 |
€1,498,347 |
93% |
|
2017 |
517 |
€14,429,628 |
€1,131,583 |
92% |
|
2018 (to end October) |
493 |
€11,534,738 |
€3,724,918 |
68% |
I hope this clarifies the matter for the Deputy.
82. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection her views on the decision by many general practitioner practices to charge persons who are in receipt of illness benefit for certificates relating to the benefit; her plans to work with the Minister for Health to rectify the situation; and if she will make a statement on the matter. [53481/18]
View answerIllness Benefit is a scheme under which people who are unable to work due to illness or injury are entitled to receive a weekly payment from the Social Insurance fund.
The basic rate of payment for a single person is €198 per week. Entitlement to the payment, which may be made for a period of up to two years, is contingent on a person’s social insurance record and been certified by their General practitioner (GP) as being unfit for work.
I would like to be clear that, nothing has changed with the transfer to the new system, as before, patients do not need to pay a fee to receive these medical certificate from their GP, as the Department pays the doctor an agreed fee to provide them.
Should any person seeking to make a claim for Illness Benefit or another scheme experience a difficulty in getting their medical certificate from their GP, we would ask them to notify the Department directly.
I hope this clarifies the matter for the Deputies.
83. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the number of self-employed persons that have qualified for the invalidity pension; the date on which jobseeker's benefit will be extended to the self-employed; the estimated cost of extending the benefit; and if she will make a statement on the matter. [53322/18]
View answerThis Government is committed to encouraging self-employment and entrepreneurship and this includes improving the level of PRSI based benefits available to self-employed people while ensuring the sustainability of the Social Insurance Fund.
Invalidity Pension (IP) was extended to the self-employed from 1 December 2017 and since then 470 customers whose social insurance record included self-employed ("Class S") PRSI contributions have been awarded IP.
The new scheme for the self-employed, which I announced as part of the 2019 Budget measures, will extend a PRSI based benefit to the self-employed who lose employment.
Applicants will have to satisfy the qualifying conditions for the new scheme including, satisfying a PRSI contribution requirement and have sustained a substantial loss of employment and, as a consequence, a significant loss of income. The statutory conditions and requirements for the scheme are being worked through by officials at this time.
It is difficult to estimate the numbers of self-employed that will apply and qualify for the new scheme. The expected take up and costs for this scheme are reliant on the labour market as it evolves and the overall performance of the economy.
It is estimated that some 1,000 could benefit from the scheme in 2019 and approximately 6,500 could benefit at any point in time in a full year. It is intended that the scheme will be introduced in November 2019 with an estimated cost of approximately €2 million. The cost in 2020 which will be the first full year of the scheme year is estimated at approximately €31 million.
84. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection if the increase in sanctions and penalties taken against jobseekers is due to the interaction of the JobPath providers; and if she will make a statement on the matter. [53448/18]
View answerPenalty rates were introduced as a means of encouraging jobseekers to engage with activation measures and co-operate with efforts of the Department to assist them in securing employment. The Department is committed, under Pathways to Work, to incentivise the take-up of activation opportunities, including implementing sanctions for failure to engage.
The legislation underpinning the application of penalty rates is provided for in the Social Welfare Act, 2010. Penalty rates can only be applied in specific circumstances and the decision to impose a penalty can only be made by a Deciding Officer of my Department. Contracted providers cannot and do not apply penalty rates. There has been no change in policy, or the implementation of penalty rate provisions in this respect. Penalty rates are only applied as a last resort. If dissatisfied with that decision it is open to the Jobseeker to appeal to the Social Welfare Appeals Office.
The introduction of the JobPath service in mid-2015 has complemented my Department’s existing activation services and has facilitated a very significant increase in the numbers of Jobseekers to whom activation services can be provided. To date approximately 199,000 Jobseekers have engaged with the JobPath programme. The increases in the numbers of penalty rates applied each year relates to the overall numbers of jobseekers brought into activation.
Significantly, of those jobseekers who are in activation at any given time, either within my Department's Intreo service, or the contracted services of JobPath and the LES, only approximately 1% have a penalty rate at any given time.
I hope this clarifies the matter for the deputy.
85. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the status of her plans for legislative changes in pension law; when amendments will be tabled to the Social Welfare, Pensions and Civil Registration Bill 2017; the reason for the delay of more than a year; when the Bill will be progressed; and if she will make a statement on the matter. [53482/18]
View answerAs you are aware, the General Scheme of the Social Welfare and Pensions Bill 2017 (now the Social Welfare, Pensions and Civil Registration Bill 2017), was published in May 2017 and contained a number of key measures relating to DB pension schemes. It is intended that these measures will act to support existing provisions in the Pensions Act by providing for further protection for scheme members’ benefits and enhancing employer responsibilities for their schemes.
In July 2018, Government approval was obtained to draft additional provisions to be included in the Bill at Committee Stage including provisions relating to defined benefit schemes.
In developing these provisions, it is essential to recognise the current pension landscape in Ireland so that a balanced, proportionate approach is developed and that unintended negative consequences do not arise.
Under existing pensions law, there is no legislative obligation on the employer to make contributions to a scheme. However, the provisions of this Bill will introduce a new regime into the Pensions Act 1990 which, amongst other things, will ensure that an employer cannot “walk away” at short notice from the pension scheme it is supporting by providing a 12 month notification, and will enable the Pensions Authority to make a funding obligation direction specifying payments to be made by a sponsoring employer to the pension scheme where no agreement is reached, within a specified time period, to resolve a funding deficit.
The defined benefit pension provisions are very technical and involve complex policy issues. In order to achieve a resilient solution it has been necessary to consult with and obtain numerous legal advices from the Office of the Attorney General on various aspects of this policy. When these matters have been resolved and amendments approved by Government, an early date for Committee Stage will be requested.
I hope this clarifies the matter for the Deputy.
89. Deputy Brendan Howlin asked the Taoiseach the amount spent by his Department on public advertising and the purchase of external communications and publicity in 2018 by advertising campaign, including specific amounts on social media campaigns (details supplied) or other digital platforms; and the amount spent on public relations or other communications support in tabular form.. [53583/18]
View answer90. Deputy Barry Cowen asked the Taoiseach the amount spent on social media by his Department in 2016, 2017 and to date in 2018; and the projected spend in 2019. [53997/18]
View answer91. Deputy Barry Cowen asked the Taoiseach the amount spent on marketing and media by his Department in 2016, 2017 and to date in 2018; and the projected spend in 2019. [54014/18]
View answerI propose to take Questions Nos. 89 to 91, inclusive, together.
Please find the amounts requested in tabular form.
The costs include information campaigns aimed at improving citizen's lives, such as the Healthy Ireland campaign, which encourages people to take small steps to improve their health or the Be Safe Online campaign, which highlights the range of resources to help assist people in being safe online. It also includes communications about recruitment and campaigns regarding Government policy.
Please note that Digital advertising includes the following:
1) Advertising on search engines, to ensure the public is directed to the sites that deliver the services/information they are looking for; and
2) Sponsored posts on social media, including Facebook, Instagram, Twitter and Youtube, to ensure strong dissemination of Government information.
The spend on digital advertising in 2018 is estimated at approximately €450,000. This expenditure relates to a number of major cross-Government public information campaigns that the Department funded centrally during 2018. Examples include Healthy Ireland, Global Ireland, Project Ireland 2040 and the Self Employed Benefits campaign aimed at ensuring that self employed people are aware of the new and existing benefits available to them.
The majority of this expense was incurred prior to July 2018, before changes were made. Public information campaigns in the future will largely be funded by the relevant line Department, as opposed to being funded centrally from this Department. As a result, spend for 2019 on social media is anticipated to be significantly less.
Digital Advertising (social media advertising included)
|
2016 |
2017 |
2018 |
|
0 |
0 |
437347.5 |
Marketing and Media (to include print advertising, PR, radio advertising, cinema advertising, pitchside advertising, and creative production)
|
2016 |
2017 |
2018 |
|
10,628.67 |
71,365.45 |
1347720.54 |
|
2018 Campaign Name |
Total Cost (including creative production) |
of which digital advertising |
of which PR |
|
Project Ireland 2040 |
736368.57 |
75394.83 |
0 |
|
Self Employed Benefits |
76717.71 |
2453.83 |
0 |
|
Luas Cross-City Launch |
5584.2 |
0 |
|
|
Healthy Ireland |
289988.94 |
8377.47 |
0 |
|
Global Ireland |
492181.63 |
283738.45 |
0 |
|
Legislation 2018 |
25121.39 |
708.66 |
0 |
|
Nomination of a Person by the Government to the Office of President of the Court of Appeal |
3118.54 |
0 |
0 |
|
UN Disability |
2464.92 |
2464.92 |
0 |
|
Opening of Google offices |
585.63 |
585.63 |
0 |
|
Action Plan for Education |
10880.76 |
1021.08 |
0 |
|
Irish Aid |
2387.27 |
2387.27 |
0 |
|
Development Funds |
16858.05 |
2463.36 |
0 |
|
Government Health Measures |
1230.06 |
1230.06 |
0 |
|
Bliain na Gaeilge |
4632.18 |
4632.18 |
0 |
|
RWC bid 2017 |
30727.07 |
9500 |
0 |
|
Budget 2018 |
15420 |
6520 |
0 |
|
Back to School 2017 |
12592 |
2875 |
0 |
|
PRSI |
3000 |
3000 |
0 |
|
25th Anniversary of Decriminalisation of Homosexuality |
13930.99 |
616.24 |
0 |
|
National Ploughing Championships 2018 |
8013.45 |
0 |
0 |
|
Budget 2019 |
29896.66 |
10549.68 |
0 |
|
National Digital Strategy |
1232.46 |
1232.46 |
0 |
