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Thursday, 17 Jan 2019

Written Answers Nos. 256-276

Employment Support Services

Questions (256)

Bernard Durkan

Question:

256. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) qualifies for an appropriate allowance; and if she will make a statement on the matter. [2196/19]

View answer

Written answers

The person concerned is not currently engaged with the Department’s Employment Support Services.

A Case Officer has issued a letter to the person concerned asking them to make contact with the Department, and an appointment at a time which is convenient for them will be made once contact has been established..

The Case Officer will then meet with the person concerned to advise them of appropriate allowances based on their personal circumstances.

I hope this clarifies the matter for the Deputy.

Illness Benefit Eligibility

Questions (257)

Bernard Durkan

Question:

257. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when outstanding sick benefit and or disability allowance will issue in the case of a person (details supplied); and if she will make a statement on the matter. [2205/19]

View answer

Written answers

The 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 person concerned submitted an Illness Benefit claim from 3rd September 2018 to the 13th October 2018. He was advised by letter dated 17th September 2018 that he was not entitled to payment of Illness Benefit as he does not satisfy both of the contribution conditions.

In order to qualify for Illness Benefit payment a person must have

1. A minimum of 104 PRSI contributions paid

2. 39 weeks of PRSI contributions paid or credited in the relevant tax year, Or 26 weeks of PRSI contributions paid in the relevant tax year, and 26 weeks of PRSI contributions paid in the tax year immediately before the relevant tax year.

The relevant tax year is the second-last complete tax year before the year in which the claim for Illness Benefit begins.

The person concerned had a total of 84 PRSI contributions paid with 34 contributions paid in the relevant tax year, resulting in him not qualify for payment. The customer has been awarded 'credits' for the period.

I trust this clarifies the matter for the deputy.

Child Benefit Eligibility

Questions (258)

Bernard Durkan

Question:

258. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) qualifies for child benefit in respect of their child; and if she will make a statement on the matter. [2211/19]

View answer

Written answers

Child benefit is payable to the parents or guardians of children under 16 years of age. Benefit continues to be payable up to 18 years of age if the child is in full-time education, full-time training, or has a disability and is unable to support themselves. Attendance in full-time education must be certified by the relevant institution.

The person concerned last received payment in respect of the child in question in June 2018, in accordance with the last certificate received. A form was issued on the 7th of August 2018, for the purpose of applying for extended payment up to the child's 18th birthday. No response has been received from the person concerned to date.

A duplicate form has been issued, which must be certified by the relevant institution. On receipt of the completed form, a decision will be made on the claim and the person concerned will be informed of the outcome.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (259)

Brendan Howlin

Question:

259. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied) for a review of means in relation to an application for disability allowance; and if she will make a statement on the matter. [2232/19]

View answer

Written answers

I confirm that a request for a means review from this lady for disability allowance (DA) was received by the Department on 6 December 2018.

The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. Once the SWI has completed their report, a decision will be made and this lady will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

Departmental Expenditure

Questions (260)

Barry Cowen

Question:

260. Deputy Barry Cowen asked the Minister for Employment Affairs and Social Protection 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. [2261/19]

View answer

Written answers

My Department has not spent any monies in the past five years on accountancy or consultancy firms in relation to any capital projects. The capital allocation for my Department is primarily used to deliver IT modernisation and carry out refurbishments on the Department’s buildings.

The Deputy may wish to note that in relation to refurbishment costs, all accommodation works are contracted by the Office of Public Works (OPW) and if any such services had been required it would be the OPW who would have contracted and paid for them.

Registration of Title

Questions (261)

John Brassil

Question:

261. Deputy John Brassil asked the Minister for Housing, Planning and Local Government if an application by persons (details supplied) to the Land Registry will be expedited; and if he will make a statement on the matter. [2073/19]

View answer

Written answers

Under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaced the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

A service for Oireachtas members was introduced in 2006 through which information can be obtained on the current status of applications to the PRA, such as the case referred to. This provides a speedy, efficient and cost effective system through which the PRA can address queries of this kind. The Deputy's query has been forwarded to the PRA for attention and direct reply via this mentioned service.

Local Electoral Area Boundary Committee Report

Questions (262)

Brendan Griffin

Question:

262. Deputy Brendan Griffin asked the Minister for Housing, Planning and Local Government his views on a matter (details supplied); and if he will make a statement on the matter. [2091/19]

View answer

Written answers

Following the completion of reports by the two Local Area Boundary Committees established to review and make recommendations on local electoral areas, maps of local electoral areas and of municipal districts are currently being prepared on behalf of my Department by Ordnance Survey Ireland (OSI). It is expected these will be completed and made available in the near future.

Social and Affordable Housing Eligibility

Questions (263)

Denis Naughten

Question:

263. Deputy Denis Naughten asked the Minister for Housing, Planning and Local Government the reason the income thresholds for social housing are so low; his plans to increase these thresholds in view of the fact that persons above the thresholds are not eligible for a mortgage; and if he will make a statement on the matter. [2044/19]

View answer

Written answers

The Social Housing Assessment Regulations 2011 prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy.

The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced at that time also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.

Whilst I am satisfied that in general these limits remain broadly reflective of accommodation costs across most parts of the country I am committed as part of the broader social housing reform agenda, to a review of income eligibility for social housing supports in each local authority area, This review is underway. The Housing Agency is continuing to carry out the detailed statistical work, which will underpin this review, on behalf of my Department.

The review will also have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.

Local Authority Housing Eligibility

Questions (264)

Michael Healy-Rae

Question:

264. Deputy Michael Healy-Rae asked the Minister for Housing, Planning and Local Government if he will address a matter (details supplied) regarding the purchasing of local authority homes; and if he will make a statement on the matter. [2049/19]

View answer

Written answers

The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.

The minimum reckonable income for eligibility under the scheme is determined by the relevant local authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the Housing (Miscellaneous Provisions) Act 2014. In the determination of the minimum reckonable income, local authorities include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income.

In determining reckonable income, the income of all tenants of the house, including adult children that are joint tenants, is included, as is the income of the spouse, civil partner or other partner/co-habitant of a tenant who lives in the house with them, thus ensuring the appropriate level of discount is applied to the purchase price.

The minimum income criterion was introduced in order to ensure the sustainability of the scheme. Applicants must demonstrate that they have an income that is long-term and sustainable in nature. This ensures that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.

In line with the commitment given in Rebuilding Ireland a review of the first 12 months of the Scheme’s operation has been completed and a full report has been prepared setting out findings and recommendations.

I hope to be in a position to publish the review shortly, following completion of consideration of a number of implementation issues arising.

Social and Affordable Housing Data

Questions (265)

Timmy Dooley

Question:

265. Deputy Timmy Dooley asked the Minister for Housing, Planning and Local Government the number of houses, apartments and accommodation units owned or leased by Clare County Council as vacant social housing stock; the length of time each unit has been vacant; and if he will make a statement on the matter. [2060/19]

View answer

Written answers

Statistics in relation to social housing stock are published by the National Oversight and Audit Commission (NOAC) in their annual reports on Performance Indicators in Local Authorities. These reports provide a range of information in relation to social housing stock, including the number of dwellings in the ownership of each local authority and percentages vacant. The most recent report, relating to 2017, is available on the NOAC website at the following link: http://noac.ie/wp-content/uploads/2018/09/NOAC-Performance-Indicators-Report-2017.pdf. Information on leased properties should be available from the individual local authorities.

While information on vacancies in social housing stock is contained in the NOAC reports, I should point out that the number of houses/apartments owned by local authorities that are vacant is not a fixed number and it varies at any given time. This is to be expected as tenancies end and properties are re-let on a continuous basis.

Social and Affordable Housing

Questions (266)

Gerry Adams

Question:

266. Deputy Gerry Adams asked the Minister for Housing, Planning and Local Government if he will provide a copy of submissions made by Louth County Council to the 2014 housing plan, Social Housing Strategy 2020. [2116/19]

View answer

Written answers

My Department has no record of receiving a submission on the Social Housing Strategy 2020 from Louth County Council.

Referendum Campaigns

Questions (267)

Seán Crowe

Question:

267. Deputy Seán Crowe asked the Minister for Housing, Planning and Local Government when it is planned to hold a referendum on lowering the voting age; the reason for the delay of the original proposed date of May 2019; if the referendum will take place in 2019; and if he will make a statement on the matter. [2117/19]

View answer

Written answers

At its meeting on 4 December 2018, the Government reviewed the progress on the overall programme of Bills to amend the Constitution. Having regard to other referenda proposed to be progressed in the short term, the Government agreed that further consideration would be given to the timing of a referendum on reducing the voting age to 16 although it is not proposed that this referendum be held in 2019.

Rent Pressure Zones

Questions (268)

Bríd Smith

Question:

268. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government his plans to retain the rent pressure zones beyond December 2019; and if he will make a statement on the matter. [2127/19]

View answer

Written answers

Section 24A of the Residential Tenancies Acts provides that the Housing Agency, in consultation with housing authorities, may make a proposal to me, as Minister that an area should be considered as a Rent Pressure Zone. Following receipt of such a proposal, the Minister requests the Director of the Residential Tenancies Board (RTB) to conduct an assessment of the area to establish whether or not it meets the criteria for designation and to report to the Minister on whether the area should be designated as a Rent Pressure Zone.

For an area to be designated a Rent Pressure Zone, it must satisfy the following criteria set out in section 24A(4) of the Residential Tenancies Act 2004, as amended:

(i) The annual rate of rent inflation in the area must have been 7% or more in four of the last six quarters; and

(ii) The average rent for tenancies registered in the area with the RTB in the last quarter must be above the average national rent (the National Standardised Rent in the RTB’s Rent Index Report) in the last quarter (€1,122 per month in Q3 2018).

The RTB Rent Index Report also includes a summary of the data used as the criteria for designating Rent Pressure Zones in relation to all Local Electoral Areas in the country. This allows full visibility regarding exactly where individual areas stand in relation to average rent levels and increases.

For the purpose of the Act, ‘area’ is defined as either the administrative area of a housing authority or a local electoral area within the meaning of section 2 of the Local Government Act 2001. There is no provision for any other type of area to be designated as a Rent Pressure Zone.

The Housing Agency continues to monitor the rental market and may recommend further areas for designation. Where, following the procedures set out in the Act, it is found at a future date that additional areas meet the criteria, they will be designated as Rent Pressure Zones.

The RTB publishes its quarterly Rent Index and advises my Department on the residential rental market on a continuous basis. This and wider ongoing careful analysis of the rental market will inform future policy decisions in relation to the rental sector, including decisions regarding the future of RPZ designations and exemptions from the RPZ regime.

Rental Sector

Questions (269)

Bríd Smith

Question:

269. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government if proposed legislation will deal with security of tenure for tenants in rent pressure zones that may face eviction on grounds of refurbishment, sale or the relocation of family members into a dwelling; and if he will make a statement on the matter. [2128/19]

View answer

Written answers

The Residential Tenancies (Amendment)(No. 2) Bill 2018 was published in December 2018 to strengthen further the rights of tenants in the private rented sector, building on initiatives already taken. Among the key provisions of the Bill are measures to empower the Residential Tenancies Board (RTB) to investigate and sanction landlords who engage in improper conduct including non-compliance with rent increase restrictions in Rent Pressure Zones (RPZs); the creation of criminal offences for landlords connected with non-compliance with rent increase restrictions in RPZs; and increasing notice periods for tenancy terminations by landlords.

Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply, both inside and outside of Rent Pressure Zones, once a tenant has been in occupation of a dwelling for a continuous period of 6 months without a valid notice of termination having been served during that time. On completion of the 6 month period, the tenant accrues specific protections under the Residential Tenancies Acts as long as the tenant complies with their own obligations. One of the protections relates to the tenant’s entitlement to remain in occupation for up to 6 years from the commencement of the tenancy, where the tenancy commenced on or after 24 December 2016, or for up to 4 years where the tenancy commenced prior to 24 December 2016.

Section 62 of the Residential Tenancies Act requires a landlord to state in a tenancy termination notice the reason, or reasons, for termination. The table to section 34 of the Acts sets out the legal grounds for termination by a landlord.

It is important to note that where a tenancy is terminated for the purposes of substantial refurbishment or renovation and the required works are completed with the dwelling becoming available for re-letting within 6 months of the termination, it must be offered for re-letting to the former tenant.

The landlord must include a statement accompanying a relevant notice of termination to the effect that the existing or current tenant has the option of returning to the refurbished or renovated dwelling, if it becomes available within 6 months from the end of the termination notice period given (or where a dispute on the validity of the termination notice has been referred to the RTB, within 6 months of the determination of the dispute). The duty to offer to re-let the property to the tenant arises where the tenant has provided contact details to the landlord in accordance with section 35(5) of the Acts.

If the landlord or a family member intend to live in the property, the tenancy can be terminated by the landlord. A statutory declaration must be included by the landlord in, or accompanying, the notice of termination specifying:

(1) the intended occupant's identity and, if not the landlord, his or her relationship to the landlord, and

(2) The expected duration of their occupation.

Similarly, a statutory declaration is required to the effect that the existing or current tenant has the option of returning to the dwelling, if it becomes available within 6 months from the end of the termination notice period given (or where a dispute on the validity of the termination notice has been referred to the RTB, within 6 months of the determination of the dispute).

A tenancy can be ended if the landlord intends to sell the property within 3 months of the termination date. A statutory declaration must accompany the notice of termination confirming the landlord’s intention to sell. Section 35A of the Act restricts the landlord's legal ground to terminate a tenancy based on his or her intention to sell, where such a landlord intends to sell 10 or more dwellings within the same development within 6 months.

Section 56 of the Residential Tenancies Act provides for the award of damages for abuse of the termination procedure, and the RTB can make a direction that a landlord pay an amount by way of damages for the deprivation of the tenancy and/or may make a direction that the tenant be permitted to resume occupation of the premises.

My Department keeps tenancy legislation under ongoing review and any changes considered necessary would be the subject of amendments to the Residential Tenancies Acts in due course.

Water Charges Data

Questions (270)

John Lahart

Question:

270. Deputy John Lahart asked the Minister for Housing, Planning and Local Government the number of households that have been charged for excessive water use in 2018, by county and administrative area; and if he will make a statement on the matter. [2171/19]

View answer

Written answers

In keeping with the relevant recommendations of the Report of the Joint Oireachtas Committee on the Future Funding of Domestic Water Services approved by both Houses in April 2017, legislative provision to discourage the excessive use of water services has been included in the Water Services Acts 2007 to 2017. Excessive usage is determined by reference to the threshold amount of 213,000 litres per household per annum as specified by ministerial order with effect from 1 January 2018, in line with provisions contained in sections 8 and 9 of the Water Services Act 2017.

Irish Water is responsible for developing and implementing the necessary administrative arrangements, including billing arrangements, subject to oversight and approval by the Commission for Regulation of Utilities (CRU). The amount to be charged will be determined by the CRU and I understand the process that is to lead to a decision in this regard will commence early in 2019.

Once administrative arrangements and charges have been approved by the CRU, Irish Water will be in a position later this year to notify relevant customers who, having regard to their consumption patterns during 2018, appear to be consuming water services excessively and therefore potentially liable for excessive usage charges. Only customers who continue to consume water services excessively during the six month period following receipt of a formal notice in this way, will become liable for charges to cover excessive usage during the six month notice period and any subsequent periods.

The overall aim is to encourage water conservation rather than to generate revenue. On this basis, I understand that Irish Water will work proactively with relevant customers to identify whatever practical steps may be necessary in order to address their situation and bring their consumption back within the threshold level. Additional allowance amounts for water usage will be available to larger households (where the number of residents exceeds four) and exemptions will be available in cases of medical need.

Departmental Expenditure

Questions (271)

Barry Cowen

Question:

271. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government 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. [2265/19]

View answer

Written answers

An examination of records indicates that no amounts were paid to accountancy firms in the past five years in relation to capital projects for which my Department is responsible. Information regarding expenditure on consultancy firms in respect of such projects is set out in the following table:

Capital Project

2014€

2015 €

2016€

2017€

2018€

C trí Project (Emergency Call Handling System)

Nil

37,713

53,294

328,928

394,826

Aviation Modernisation and Automation Project (Met Éireann)

Nil

Nil

7,257

88,142

Nil

Climate Modernisation Project (Met Éireann)

Nil

Nil

Nil

Nil

738

Local authorities, and bodies under the aegis of my Department, also engage professional expertise to support their work relating to planning, design and delivery of capital projects. This is a matter for the bodies in question.

Departmental Funding

Questions (272)

Michael McGrath

Question:

272. Deputy Michael McGrath asked the Minister for Culture, Heritage and the Gaeltacht the position in relation to the financial commitment towards the development of a centre (details supplied) in County Cork; and if she will make a statement on the matter. [2057/19]

View answer

Written answers

In 2013, a grant of €10m was awarded to the local authority for the development of the centre referred to by the Deputy. This was increased to €12m in 2015. To date €1m has been drawn down by the local authority. In December 2018, my Department wrote to the local authority in response to a request for the provision of additional public funding. The letter advised that additional public funding could be made available in accordance with public procurement rules and sought clarification on matters relating to the Public Spending Code and Public Financial Procedures.

Officials in my Department will meet with the local authority shortly to discuss aspects around the public funding elements of the project.

Hare Coursing

Questions (273)

Clare Daly

Question:

273. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht if an incident of suspected hare recapture in the aftermath of a hare coursing meeting in Tralee, County Kerry on 26 and 27 December 2018 has been reported to NPWS officers in the area. [2138/19]

View answer

Written answers

My Department has no information in relation to an incident of this nature following the hare coursing meeting in question. My officials will, as before, be in touch with the Deputy to obtain any evidence she has and investigate the matter further at that point.

Wildlife Regulations

Questions (274)

Éamon Ó Cuív

Question:

274. Deputy Éamon Ó Cuív asked the Minister for Culture, Heritage and the Gaeltacht if a licence is required to shoot wildfowl in a location (details supplied); if so, the number of licences issued for this purpose in this location; the conditions of the licences; and if she will make a statement on the matter. [2160/19]

View answer

Written answers

Under the Wildlife Acts there is an Open Season for hunting game bird species which extends from 1 September to varying dates up to the end of January depending on the species concerned and there is no separate licence required from my Department to shoot wildfowl in the location in question.

Special Protection Areas

Questions (275)

Éamon Ó Cuív

Question:

275. Deputy Éamon Ó Cuív asked the Minister for Culture, Heritage and the Gaeltacht her plans to make a bird sanctuary out of an area (details supplied); and if she will make a statement on the matter. [2161/19]

View answer

Written answers

The area in question is designated as a Special Protection Area designated under the EU Birds Directive and a Special Area of Conservation designated under the EU Habitats Directive and benefits from a range of measures aimed at the protection and conservation of species and habitats.There are no immediate plans in my Department to designate the area in question as a wildfowl sanctuary under the Wildlife Acts.

Departmental Expenditure

Questions (276)

Barry Cowen

Question:

276. Deputy Barry Cowen asked the Minister for Culture, Heritage and the Gaeltacht 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. [2258/19]

View answer

Written answers

Details of expenditure on external consultancy reports commissioned by my Department, in the period since its establishment in 2011, has been provided to the House in response to Parliamentary Question No. 727 of 4th December 2018 of and Question No. 767 of 14th December 2017.

The information requested by the Deputy in respect of professional services and fees relating to capital projects and schemes is set out in the following Table.

Year

Capital Project or Scheme

Expenditure

2014

Projects funded under Cultural Infrastructure and Development support schemes:

Pálás Arthouse Cinema Theatre Royal Waterford West Cork Arts Centre Athlone Art Gallery

€13,346

2015

Architectural Consultancy Services in respect of Projects funded under Cultural Infrastructure:

Pálás Arthouse Cinema Bank of Ireland Cultural Centre

and Development support schemes

€8,109

Moore Street Multi Criteria Analysis Report

€11,685

Ionad na n-Imirceach, Carna – Engineering Consultancy

€10,419

2016

Architectural Consultancy Services in respect of Projects funded under Cultural Infrastructure and Development support schemes:

Pálás Arthouse Cinema Bank of Ireland Cultural Centre

€6,952

Costs associated with the development of a Master Plan for the NMI

€50,000

Ionad na nImirceach, and Halla Naomh Fhionáin, An Fál Carrach – Engineering Consultancy

€10,008

2017

Architectural Consultancy Services in respect of Projects funded under Cultural Infrastructure and Development: support schemes:

Pálás Arthouse Cinema

€2,807

National Library re-development project, Cost Benefit Analysis

€23,985

Engineering Consultancy Services in relation to na nImirceach, and Halla Naomh Fhionáin

€15,401

Engineering Consultancy Services in relation to Pier development on Inis Oírr, County Galway

€20,799

Feasibility study at 6 Harcourt St., Headquarters of Conradh na Gaeilge

€12,269

2018

Architectural Consultancy Services in respect of Projects funded under Cultural Infrastructure and Development support schemes:

Pálás Arthouse Cinema Theatre Royal Waterford West Cork Arts Centre Athlone Art Gallery

€3,464

Boyle Monograph Specialist Publication Services

€11,347

Engineering Consultancy Services in relation to Na nImirceach, and Halla Naomh Fhionáin

€10,626

Feasibility study at 6 Harcourt St., Headquarters of Conradh na Gaeilge

€22,000

Engineering Consultancy Services in relation to Pier development on Inis Oírr, County Galway

€109,113

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