Written Answers Nos. 236-255
236. Deputy Sean Sherlock asked the Minister for Children and Youth Affairs the protocol for users and clients of Tusla in respect of access to information on personal files held by Tusla, its agencies or partners. [2111/19]
View answerI am advised by Tusla, the Child and Family Agency, that it has procured and implemented a portal for handling subject access requests. The portal allows an individual to submit a request to access information on a personal file held by Tusla. The portal is a secure online tool that is accessible through the Tusla website at https://www.tusla.ie/about/your-personal-information/new-data-protection/how-do-i-access-information-under-data-protection/
Tusla has advised that when a data access request is received through the portal, Tusla's data protection team confirms the identity of the requester, confirms the scope of the request, and distributes the request to any relevant service areas. Tusla also has arrangements to support internal queries on the matter and tracks the timeframes involved in line with the Data Protection Act, 2018.
Should an individual prefer not to use the online portal, he or she can also submit a data access request by post, phone, or email to Tusla's Head Office or to the relevant local office. Tusla has advised that it assists individuals throughout the process as required. Some requests are made under the Freedom of Information Act and are processed accordingly.
With regard to information which may be held by Tusla's agencies or partners, Tusla requests individuals seeking such information to provide details of any contact points involved in their dealings with Tusla. Where an agency or partner carrying out services on Tusla's behalf is involved, Tusla engages with the agency or partner in question from the initial record retrieval process onwards.
Tusla has advised my Department that its processing of data access requests is under constant review, and that enhancements to the system are made in line with the nature and volume of data access requests received.
237. Deputy John McGuinness asked the Minister for Children and Youth Affairs the steps she is taking to fund crèches required to meet standards being set down by Tusla following random inspections; if her attention has been drawn to the financial pressures being experienced by the sector as it struggles to meet the rising cost of regulation; her views on the discussion her officials had with a person (details supplied); and if she will make a statement on the matter. [2178/19]
View answerIt is the duty of an Early Learning and Care (ELC) service provider to take all reasonable measures to safeguard the health, safety and welfare of the children attending the service and to comply with the Child Care Act 1991 (Early Years Services) Regulations 2016. The Child and Family Agency, Tusla, has a statutory responsibility to assess levels of compliance with these Regulations, and has the power to carry out inspections of ELC services under the Child Care Act 1991. Tusla will work with service providers in partnership to promote a culture of compliance with the Regulations. This does not preclude Tusla from escalating to enforcement actions following an inspection, if deemed necessary. The health, safety and welfare of the children remain paramount for Tusla and my Department.
All registered ELC services are subject to unannounced inspections. Unannounced inspections allow the inspection team to see the service as it works on an everyday basis.
In the particular case to which the Deputy refers, it is my understanding that the Tusla Early Years Inspectorate did carry out an unannounced visit. It is also my understanding that the officials referred to in the question were from Tusla and not from my Department, and that the Tusla Early Years Inspectorate are continuing to engage with the service in question to address the issues raised as a result of that visit.
I am aware that regulatory requirements for ELC services, which were last changed in 2016, do impose costs on providers, in particular through the adult-child ratios they require services to meet that are in the best interest of children. Given the cost of delivering ELC services, my Department provides substantial funding to services to limit the fees that services charge to parents. Funding for early learning and care and school age childcare has increased by 118% in the last four budgets to address quality, access and affordability. In the case of the ECCE pre-school programme, my Department provides sufficient funding to allow free access for families. We increased the capitation fee for ECCE by 7% last September to assist providers. My Department recently commissioned an Independent Review of the Cost of Delivering Quality Childcare, which is examining the factors that impact on the cost of delivering quality childcare. When complete, this will inform policy development and funding decisions.
In addition, my Department makes capital grants available on an annual basis. Capital funding is aimed at increasing the capacity of services, creating new services, and maintaining and improving existing services. Each year my Department reviews the capital programme as a whole and determines funding priorities for the sector, while working within budget limitations. My Department will focus the funding of the 2019 Capital programme under three strands:
1. The expansion of early learning and care places for 0-3 year olds
2. Fire safety for community services.
3. School age childcare places
The second strand, fire safety, will specifically provide funding to not for profit services to address fire safety issues highlighted in inspection reports.
238. Deputy Barry Cowen asked the Minister for Children and Youth Affairs the amount spent in each year for the past five years on accountancy and consultancy firms in relation to capital projects; the specific capital project in which the costs were incurred; and if she will make a statement on the matter. [2256/19]
View answerThe Deputy might note that my Department administered a number of capital programmes and schemes over the past five years. An examination is underway to identify what costs, if any, were incurred on accountancy and consultancy services and I will revert to the Deputy on the matter again in the near future when the required information is available.
239. Deputy Brendan Griffin asked the Minister for Rural and Community Development his views on a matter (details supplied); and if he will make a statement on the matter. [2079/19]
View answerMy Department has been working to develop a scheme to indemnify private land owners with regard to the use of their lands for recreational purposes. In this context, my officials have been in contact with the State Claims Agency and the Attorney General's Office with a view to progressing the matter.
My Department has been advised that the proposed indemnity scheme should be underpinned by legislation, and my officials are now in the process of identifying the precise legislative requirements and/or processes required give effect to the scheme.
I have asked my officials to prioritise this work and to develop clear proposals to have the scheme progressed and rolled out as soon as possible on a phased basis. I anticipate that the area referred to by the Deputy will be amongst the first to be included in the Scheme, once established.
240. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the amount expended in 2018 to LAGs, county councils and other bodies for work not completed to date or for which no receipts or claims have been received for the work, by organisation; and if he will make a statement on the matter. [2157/19]
View answerAs the Deputy will be aware, the preparation of the 2018 Appropriation Account for my Department has just commenced. A provisional appropriation account will be submitted to the Comptroller and Auditor General by the 31st March 2018.
The prepayments made by the Department in 2018 are compiled as part of this work and the information will therefore be available, on a provisional basis, at the end of March 2019. The final audited account will then be published in September 2019. Prepayments have been made in a limited number of instances and in line with sanction from the Department of Public Expenditure and Reform.
241. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the amount of prepayments made in 2016 to local authorities for work which has not been carried out to date; and if he will make a statement on the matter. [2158/19]
View answerAs the Deputy will be aware, my Department was not established until July 2017. That said, there were some pre-existing programmes, including a number of Rural Schemes, which my Department now has responsibility for, some of which are listed in the following table.
In 2016, pre-funding of approximately €28 million was released to the Local Authorities in respect of four Rural Schemes, see the following table.
On 13 September 2018 I wrote to each Local Authority advising them that all of the 2016 projects were to be completed and closed off by the end of September 2018 and that any unspent monies were to be returned to my Department. As of 30 September 2018, there was a reported spend of €26.6m on these schemes. This equates to 94% of the allocated funding. I advised the Local Authorities that any outstanding costs required to complete the projects would have to be met from within their own resources.
Funding allocated to Local Authorities under Rural Schemes in 2016
|
Scheme |
Funding Amount |
Funding spent by 30 Sept 2018 |
% spent by 30 Sept 2018 |
|
REDZ |
€6,142,842 |
€5,668,633 |
92% |
|
Town and Village |
€9,880,000 |
€9,599,123 |
97% |
|
CLÁR |
€8,238,867 |
€7,882,779 |
96% |
|
Rural Recreation Scheme |
€4,130,154 |
€3,469,456 |
84% |
|
Overall |
€28,391,863 |
€26,619,991 |
94% |
242. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the progress made to date since 2010 in introducing an insurance indemnity for participants in the mountain access project in the MacGillycuddy Reeks and Beann Shléibhe; and if he will make a statement on the matter. [2163/19]
View answerMy Department has been working to develop a scheme to indemnify private land owners with regard to the use of their lands for recreational purposes. In this context, my officials have been in contact with the State Claims Agency and the Attorney General's Office with a view to progressing the matter.
While good progress has been made, my Department has been advised that the proposed indemnity scheme should be underpinned by legislation, and my officials are now in the process of identifying the precise legislative requirements and/or processes required give effect to the scheme.
This is a complex matter, but I have asked my officials to prioritise the work and to develop clear proposals to have the scheme rolled out as soon as possible on a phased basis. I anticipate that the projects referred to by the Deputy will be amongst the first to be included in the Scheme, once established.
243. Deputy Barry Cowen asked the Minister for Rural and Community Development the amount spent in each year for the past five years on accountancy and consultancy firms in relation to capital projects; the specific capital project in which the costs were incurred; and if he will make a statement on the matter. [2268/19]
View answerThe following table details the amount spent on accountancy and consultancy firms in relation to capital projects since the establishment of my Department in July 2017.
|
Purpose of Consultancy |
Capital project/programme relating |
Cost of Consultancy (€) |
|
Provision of Development of Local Digital Strategies for all Local Authorities |
Local Digital Strategies will assist local authorities in being prepared for the rollout of the National Broadband Plan. |
€121,339.00 (Ex. VAT) €149,247.00 (Incl. VAT) |
244. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the number of loans and the overall amount lent under the personal micro credit loan scheme since it was introduced; and if she will make a statement on the matter. [2126/19]
View answerThe Personal Micro Credit Scheme (PMC) provides for small scale loans, known as It Makes Sense loans, by credit unions to borrowers who have difficulty accessing low cost credit. Currently 111 credit unions, at 272 locations are participating in the scheme.
Loans under the scheme range from €100 to a maximum of €2,000 and have a maximum interest rate of 12% per annum.
The aggregate value of loans drawn down since the scheme was introduced, to date, is not readily available. Each credit union is an autonomous body and is not obliged to report on the volume of its lending , under this category of loan, to my Department.
The PMC Implementation Group is engaging with participating credit unions in Q 1, 2019 to gather relevant data on the scheme and when available, I will make this information available to the Deputy.
An Post facilitates the repayment of PMC loans for social welfare recipients who receive their payment through the post office, by utilising the Household Budgeting facility to deduct the repayment amount from the social welfare payment and transmitting it onward to the relevant credit union.
Currently, there are almost 6,500 PMC loan repayments being made via deductions through the Household Budgeting facility, with an unknown additional number, estimated at 10% using direct debit or standing orders.
The aggregate value of repayments made to the participating Credit Unions since the scheme was initiated is €9.9 million by over 7,000 customers of the Department. This amount includes the interest rate charged by the credit unions.
The Implementation Group continues to engage with the Credit Union representative bodies and individual credit unions to encourage participation in the scheme.
I trust this clarifies the matter for the Deputy.
245. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will receive a FIS payment. [2039/19]
View answerWorking Family Payment (formerly Family Income Supplement) is a weekly in-work payment which provides additional income support to employees on low earnings with children.
An application for Working Family Payment (WFP) was received from the person concerned on 11 December 2018.
The Department wrote to the person concerned on 14 January 2019 and has requested additional details in respect of their current employment and housing costs.
On receipt of the requested details from the person concerned, their WFP application will be processed without delay and they will be notified of the outcome.
I trust this clarifies the matter for the Deputy.
246. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection if she is satisfied with the efficiency of the way in which her Department is processing FIS payments; and the turnaround times of applications. [2040/19]
View answerWorking Family Payment (formerly Family Income Supplement) is an in-work payment which provides additional income support to employees on low earnings with children. Working Family Payment (WFP) is payable for a 52 week period from award date and a person must reapply at the end of this period to have their payment renewed.
My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made in a timely fashion.
The average waiting time for processing new WFP applications is currently 8 weeks.
Operational processes, procedures and the organisation of work are continually being monitored and reviewed in the WFP area to ensure that the best use is made of all available resources and that application processing capacity is maximised.
All possible steps are being taken to improve processing times in this area. All available staff are assigned to claims processing to ensure that new applications are dealt with as quickly and efficiently as possible. As a consequence of the above measures, it is expected that WFP new application processing times will improve significantly in the coming weeks.
WFP renewal forms are issued to customers 8 weeks before the expiry of the 52 week period and these applications are generally processed within 2 weeks of expiry.
In view of the above factors the Department is satisfied that the WFP applications are being processed efficiently and waiting times will reduce.
247. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will issue in relation to a carer's allowance review in the case of a person (details supplied); and if she will make a statement on the matter. [2061/19]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
Once claims are in payment, my Department periodically reviews them to ensure that there is continued entitlement.
In order to continue to receive CA, the carer must be providing full-time care and attention.
Following a home visit by a social welfare inspector (SWI), the SWI reported that full-time care and attention was not being provided to the care recipient.
On 19 November 2018 a deciding officer wrote to the person concerned advising her that her claim was under review which could result in the payment being terminated and affording her an opportunity to submit any statement or evidence she wished to have considered.
On 26 November 2018 the person concerned was notified that CA would cease from 28 November 2018, the reason for this decision and of her right of review and appeal.
Further information was received by my Department on 18 December 2018 from the person concerned, seeking a review of this decision. That review is currently underway and once complete, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
248. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to delays in the processing times of working family payment applications; the processing times for the payment; the measures being taken to reduce processing times; and if she will make a statement on the matter. [2080/19]
View answerWorking Family Payment (WFP) is an in-work payment which provides additional income support to employees on low earnings with children. WFP is payable for a 52 week period from award date and a person must reapply at the end of this period to have their payment renewed.
My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made in a timely fashion.
The average waiting time for processing new WFP applications is currently 8 weeks.
All possible steps are being taken to improve processing times in this area. All available staff are assigned to claims processing to ensure that new applications are dealt with as quickly as possible. As a consequence of the above measures, it is expected that WFP new application processing times will improve significantly in the coming weeks.
WFP renewal forms are issued to customers 8 weeks before the expiry of the 52 week period and these applications are generally processed within 2 weeks of expiry.
249. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection if illness benefit payments made to a person (details supplied) who has not received their full rate of payment will be examined. [2086/19]
View answerThe Illness Benefit claim from the person concerned is fully paid and certified up to the 16th January 2019.
A payment of €627 issued to her bank account on the 19th December 2018 that paid her for the dates 11th December 2018 - 1st January 2019. A further payment of €429 issued to her on the 14th January 2019 that paid her for the period of 2nd January - 16th January. She is now paid in full up to the 16th January 2019.
If the person concerned 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.
250. Deputy Michael Healy-Rae 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. [2092/19]
View answerThe Department administers the Illness Benefit scheme to those customers who cannot work because they are sick or ill provided they are covered by the appropriate class of social insurance (PRSI) and satisfy the PRSI conditions.
The Illness Benefit claim from the person concerned is both paid and medically certified up to the 15th January 2019.
Payment is due to reach the customers bank account on Tuesday each week provided she has been medically certified for the period by her Doctor.
I hope trust this clarifies the matter for the deputy.
251. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if a person (details supplied) will be permitted to remain on a community employment scheme; and if she will make a statement on the matter. [2112/19]
View answerRequests for extending participants on Community Employment Schemes are only considered by this Department at the request of the Project Sponsor, which in this case is Abbeydorney Development Co Ltd.
A request for an extension has not yet been made by the sponsor.
I trust this clarifies that matter.
252. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a decision has issued in relation to a self-employment insurability appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [2147/19]
View answerScope section in my Department was requested to investigate the class S contributions from 2001 to 2017 on the record of the person referred to by the Deputy.
The class S contributions were returned under her spouse’s personal public service number (PPSN).
A social welfare inspector interviewed the person in November 2018 and she was asked if she wished to be considered for partnership status as she has worked with her spouse for a number of years. The person indicated that she wished to consult her accountant on the matter.
I am advised that the accountant spoke to the social welfare inspector at the end of November and is to provide further information. Once that is provided the inspector will prepare a report for Scope section and a determination can be made in this case.
I hope that clarifies the matter for the Deputy.
253. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the number of pension recipients that had their cases reviewed to date under the new total contributions and home caring credit scheme introduced in 2018; the number that on review have been awarded a higher payment; and if she will make a statement on the matter. [2159/19]
View answerSince the end of September 2018, my Department has been examining the social insurance records of pensioners born on or after 1 September 1946 who were awarded state pension (contributory) on reduced post Budget 2012 rate bands. Information letters were issued to these pensioners explaining that my Department will contact them again to either inform them about the outcome of their review or to request further information in order to complete their review. All of the claims involved will be individually examined and reviewed, starting with those aged 72. The process will take a number of months to complete.
Where possible, my Department will use information already held to assist in these reviews. For example, a deciding officer will consider awarding HomeCaring Periods where a person’s gap in employment coincides directly with a period for which they received a social welfare payment such as Child Benefit (for a child up to age 12) or Carers Allowance or Benefit. Additional information will be requested in writing from pensioners in relation to unexplained gaps in their social insurance record if required to complete their review. Information requests will also explain how to access my Department’s on-line service to provide the relevant information. On receipt of the requested information, the person’s state pension (contributory) pension will be reviewed and they will be informed of the outcome in writing.
Information requests have started to issue to some pensioners since the beginning of this month. It is expected that the first review outcomes will be notified to pensioners during Quarter 1 2019.
It is noteworthy that regardless of when a pensioner's review is completed, where they qualify for an increase, that increase will be paid with their next due payment and arrears backdated to March 2018, or their 66th birthday if later, will be paid. If a pensioner does not qualify for an increase, they will continue to receive their existing rate of payment. No personal pension entitlement rates will be reduced as a result of this review.
I hope this clarifies the matter for the Deputy.
254. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the Departments represented on the interdepartmental group she has set up to review the operation of the community employment scheme and other activation measures; the names and grade of the officials on the group; the terms of reference of the group; and if she will make a statement on the matter. [2162/19]
View answerAs the Deputy will be aware, I secured Government agreement Wednesday 9th January (Government Decision S180/20/10/0861) to establish an Interdepartmental Group to explore the most appropriate organisational arrangements, including which Department should host Community Employment (CE) Social Inclusion schemes.
The group will comprise of senior officials from my own Department and from the Departments of Public Expenditure and Reform; Agriculture, Food and the Marine; Rural and Community Development; Children and Youth Affairs; Culture, Heritage and the Gaeltacht; Health; Justice and Equality and Housing, Planning and Local Government. My Department is currently in the process of seeking nominations from Departments.
The terms of reference for the Group are being finalised.
255. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) has been refused a back to work enterprise allowance in view of the confirmation of the Revenue Commissioners to the effect that they were not self-employed in the past and have been in receipt of jobseeker's allowance for the past two years; if the case will be examined with a view to awarding payment; and if she will make a statement on the matter. [2192/19]
View answerThe person concerned applied for back to work enterprise allowance (BTWEA) on 13th July 2018 and a decision on the application was sent to the person concerned on 23rd September 2018. The application was not successful as the business was not a new enterprise.
I trust that this clarifies the matter for the Deputy.
