Written Answers Nos. 629-648
629. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for illness benefit by a person (details supplied); and if she will make a statement on the matter. [2512/19]
View answerThe Department registered an Illness Benefit claim for the person concerned on the 20th August 2018 and the person has an entitlement to a graduated (reduced) rate of Illness Benefit.
However, the person concerned is currently in receipt of full rate Carers Allowance and it is more financially beneficial for her to continue to receive a full Carers Allowance payment than to receive a reduced rate Illness Benefit payment and a half rate Carers Allowance.
I trust this clarifies the matter for the deputy.
630. Deputy Frank O'Rourke asked the Minister for Employment Affairs and Social Protection when the appeals office will make a decision on a domiciliary care allowance appeal requesting an oral hearing in respect of a person (details supplied); and if she will make a statement on the matter. [2531/19]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on the 15th January 2019 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The request by the person concerned for an oral hearing has been brought to the attention of the Appeals Officer.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
631. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if an application for a disability allowance by a person (details supplied) will be awarded. [2555/19]
View answerI confirm that my department received an application for disability allowance from this lady on 12 December 2018. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
632. Deputy Catherine Martin asked the Minister for Employment Affairs and Social Protection her plans to include provision of rights that would guarantee legal certainty for male same-sex families adopting children abroad as part of the proposed civil registration Bill; and if not, the reason therefor. [2581/19]
View answerThere currently exist a range of provisions in respect of adoptions, including those made from abroad by male same-sex couples.
In terms of registration, children adopted abroad are registered in the register of inter-country adoptions. This register is maintained by the Adoption Authority, which is appointed by the Minister for Children and Youth Affairs.
Domestic adoptions are registered in the Adopted Children Register, by the General Register Office, on receipt of an adoption order made by the Adoption Authority. It is not necessary to amend this legislation as it already allows for registration of adoptions by same-sex male couples. The abridged adoption certificate, which appears identical to a birth certificate by displaying details of adopters as "mother" and "father", will be updated by way of regulation to also include details of "parent", to coincide with commencement of legislation that will provide for this on birth certificates.
Legal recognition of adoptions is provided for in the Adoption Act 2010 (as amended). This legislation is the responsibility of the Minister for Children and Youth Affairs, who has informed me of the following concerning adoptions by same-sex male couples.
The Adoption (Amendment) Act 2017 was commenced on the 19th of October 2017. The primary purpose of the Act is to give effect to Article 42A (Children) of the Constitution, in so far as it relates to adoption. In particular, the Act provides for:
- The adoption of any child, regardless of the marital status of his/her parents.
- The Adoption Authority of Ireland or the Court, to regard the best interests of the child as the paramount consideration.
- The Authority or the Court to ascertain the child’s views and such views to be given due weight having regard to the age and maturity of the child.
- The introduction of revised criteria for dispensing with consent, in the case of the adoption of children whose parents fails in their duty towards them.
- The adoption of a child by his or her step parent without the requirement for the child's other parent to adopt his or her own child.
- The provision for the joint adoption of a child by civil partners and cohabiting couples.
- The further adoption of a child who was previously adopted.
The Adoption (Amendment) Act 2017 amends the Adoption Act 2010. Before the commencement of the Adoption (Amendment) Act 2017 only a sole applicant or a married couple could apply to adopt a child under the Adoption Act 2010. On commencement of the Marriage Act 2015, a same sex married couple who were married in accordance with that Act automatically became eligible to apply to adopt a child.
Therefore, there are no plans to include provisions in civil registration legislation, including the proposed Civil Registration Bill 2019, that would extend additional provision in respect of such adoptions.
633. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection the position in relation to the proposed changes of the pension system in 2020; and if she will make a statement on the matter. [2602/19]
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 2020.
I launched a public consultation on the design of the full TCA to be introduced from 2020 on the 28th of May to which a wide variety of stakeholder groups were invited. A number of workshops were also held on the day to elicit views and feedback. All Oireachtas members were invited to a detailed briefing in Leinster House by my officials shortly afterwards. The consultation was open for over 3 months and the Department received almost 300 responses from individuals and organisations including open written submissions. Those submissions outlined the views of respondents on a number of issues, including the number of years required for a full pension, as intended as part of the consultation process.
Analysis of the views submitted is being finalised, and I understand will be submitted to me very shortly. When I have considered this analysis, I will bring a proposal to Government.
It should be noted that the pension is still intended to be a contributory pension, as exists in most developed countries, and that those who have contributed to the Social Insurance Fund would still build up pension rights through PRSI paid over the years.
The scheme will be introduced by legislation, and the proposals will, I believe, be broadly debated by members of the Oireachtas.
In advance of this, on 23 January 2018, the Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated using 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. Following enactment of the necessary legislation at the end of 2018, reviews of c. 80,000 pensioners impacted has commenced, and given the numbers involved will take a number of months to complete. As the reviews are processed, the pensioners involved will be notified of the outcome of their review, or asked to provide further information to allow the review to be concluded. Where the review results in a rate increase, their weekly payment will be adjusted and arrears paid - backdated to 30 March 2018, or the pensioner's 66th birthday if later. Where an increase is not awarded, their personal rate of pension will remain unchanged. Work on the reviews will continue until all identified pensioners have been notified of their review outcome.
I hope this clarifies the matter for the Deputy.
634. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection if a person (details supplied) will be included in the upcoming pensions review; and if she will make a statement on the matter. [2635/19]
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 have an entitlement to and are being paid a reduced state pension (contributory) under post Budget 2012 rate bands. Their rate of payment is now being formally reviewed under legislation recently enacted. Given the number of pensioners involved in the review this is expected to take a number of months to complete.
Those individuals who have an underlying entitlement to a state pension (contributory) but are currently beneficiaries of a higher rate increase for a qualified adult (IQA) payment on their spouse or partner’s pension will also be included in the review. This work will commence in Quarter 2, once primary state pension (contributory) claimants have been progressed.
Where the outcome is that the person's state pension (contributory) is the highest rate payable, they will be transferred onto that higher rate payment without delay and they will receive arrears backdated to March 2018, or their 66th birthday if later.
Where possible, my Department will use information already held to assist in the 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 certain 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, their pension review will be carried out and they will be notified of the outcome in writing.
If a pensioner does not qualify for a rate which exceeds their current weekly entitlement, they will continue to receive their existing payment. No entitlement rates will be reduced as a result of this review.
I hope this clarifies the matter for the Deputy.
635. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection if she will publish the airline costs for her Department for 2018; and if she will make a statement on the matter. [2691/19]
View answerThe net cost of airline flights for my Department for 2018 amounted to €51,392.11. As many of the flights involved relate to meetings where the flight costs are refundable by the organisers, this net figure includes overall flight costs of €80,021.61 incurred during 2018, reduced by €28,629.50 in respect of refunds relating to those costs.
Most of the air travel undertaken by my Department relates to meeting Ireland’s obligations arising from our membership of the EU and other international organisations, such as the United Nations, Council of Europe, International Social Security Association, Organisation for Economic Cooperation and Development, International Labour Organisation, etc.
In line with the general principles governing all official travel abroad, as set out in Department of Public Expenditure and Reform’s circulars and guidelines, official travel abroad undertaken by my Department is kept to an absolute minimum and is undertaken as economically as possible, using the shortest practical routes and the most cost-effective method of transport.
636. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection if she will publish the cost of newspapers in her Department in 2018; and if she will make a statement on the matter. [2708/19]
View answerExpenditure on newspapers purchased by my Department in 2018 amounted to €9,993.53. These costs are provisional and subject to audit by the Comptroller and Auditor General.
The Department monitors such expenditure closely at all times and keeps these costs to a minimum.
The total expenditure cited above includes the purchase and delivery of print copies of newspapers as well as online subscriptions where required, as online content is only available with a subscription in some cases.
637. Deputy John Curran asked the Minister for Employment Affairs and Social Protection the details of the review of community employment schemes she is undertaking; the persons on the review group; if the community sector is represented on this review group; the length of time she expects this review to take; and if she will make a statement on the matter. [2748/19]
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 officials from my own Department and officials at Principal Officer level or equivalent 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.
I welcome any proposals put forward by community groups and expect the outcome of the deliberations of the Interdepartmental group to be available later this year.
638. Deputy Stephen S. Donnelly asked the Minister for Employment Affairs and Social Protection when the civil registration Bill will be introduced; the timeline for its introduction; and if she will make a statement on the matter. [2809/19]
View answerThe Civil Registration Bill 2019 will resolve a number of difficulties in the registration of donor assisted births. It will extend the required particulars for registration of a birth to include “Parent” on a birth certificate. At present birth certificates issued in respect of donor-assisted children born to same sex couples only allow for the recording of the mother’s details. These changes will facilitate the registration and re-registration of births of children of same sex female couples, and this will affirm their parental rights.
In addition to the current labels of “Mother” and “Father” on birth certificates, parents of non-donor assisted children may also avail of the label “Parent” should they so request it.
While the changes proposed will affect a relatively small number of people, they touch on matters that are very sensitive and of great importance to those families affected and I have personally met with and spoken to many affected by this issue. The drafting of the Bill is currently being finalised by the Office of Parliamentary Counsel and it is my intention to introduce the Bill to Dáil Éireann as soon as possible.
The Bill will also include provisions for:
- a role for a next of kin in providing a Coroner with additional details in relation to a deceased person’s particulars;
- sharing of GRO data and records with a body such as the National Library or National Archives; and
- collection of additional details in respect of deceased persons in order that the CSO can comply with obligations under EU Regulations.
639. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that a person (details supplied) has being waiting for a decision on a carer's allowance application since March 2018; and if she will make a statement on the matter. [2813/19]
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.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
The matter was referred to a local social welfare inspector (SWI) in July 2018 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.
In August the SWI wrote to the person concerned requesting further information. A reminder issued later that month.
The person concerned attended a meeting with the SWI in November 2018 and stated he had submitted the requested documents, however my Department have no record of receiving same.
The SWI has afford the person concerned another opportunity to furnish these documents and is to meet with him on Monday 21 January 2019 to finalise same.
Once the SWI has reported on this, a decision will be made and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
640. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the processing time for carer's allowance applications; and if she will make a statement on the matter. [2814/19]
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 December 2018 the average waiting time for a decision on a new carer's allowance claim was 17 weeks.
Additional staff were assigned to the CA claims processing area from within the CA area and from other areas of the Longford Centralised Schemes Office to help improve the processing times. It is expected that processing times will improve further in the coming weeks as a result.
641. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the status of efforts to alter the State pension qualification criteria to ensure that all persons who have had periods outside of the PAYE system or who have been a homemaker for a period of time are entitled to a full State pension. [2815/19]
View answerThe Government intends to introduce a Total Contributions Approach (TCA) to establishing the level of entitlement for all new state pension contributory claims from 2020 onwards (TCA2020).
I launched a public consultation on the design of the full TCA to be introduced from 2020 on the 28th of May to which a wide variety of stakeholder groups were invited. A number of workshops were also held on the day to elicit views and feedback. All Oireachtas members were invited to a detailed briefing in Leinster House by my officials shortly afterwards. The consultation was open for over 3 months and the Department received almost 300 responses from individuals and organisations including open written submissions. Those submissions outlined the views of respondents on a number of issues, including the number of years required for a full pension, as intended as part of the consultation process.
Analysis of the views submitted is being finalised, and I understand will be submitted to me very shortly. When I have considered this analysis, I will bring a proposal to Government.
It should be noted that the pension is still intended to be a contributory pension, as exists in most developed countries, and that those who have contributed to the Social Insurance Fund would still build up pension rights through PRSI paid over the years.
In advance of this, on 23 January last, the Government agreed to allow pensioners, born on or after the 1st September 1946, affected by the 2012 changes in rate bands, to have their state pension (contributory) entitlement calculated under an interim TCA (TCA2012). This also provides for up to 20 years of home caring periods in the calculation of that entitlement, for those who took time out of the workplace for parenting children under age 12, or looking after individuals who needed increased levels of care.
In late September, my Department commenced the examination and categorisation of around 79,000 individual social insurance records of pensioners identified for review. Information letters have issued to these 79,000 pensioners to let them know that their social insurance record is being examined and what will now happen. This number for review will increase weekly, as new non-maximum rate state pension (contributory) claims are awarded, and each of these pensioners will be communicated with by the Department.
Legislation to facilitate this interim TCA and the application of HomeCaring Periods was enacted at the end of 2018. This allows the Department to progress the reviews and that work has now begun. The Department has recruited over 110 temporary staff members to expedite this work. As the reviews are processed, the pensioners involved will be notified of the outcome of their review, or asked to provide further information to allow the review to be concluded. Where the review results in a rate increase, their weekly payment will be adjusted and arrears paid - backdated to 30 March 2018, or the pensioner's 66th birthday if later. Where an increase is not awarded, their personal rate of pension will remain unchanged. Given the numbers involved, it will take my Department a number of months to work through all the claim reviews. Work on the reviews will continue until all identified pensioners have been notified of their review outcome.
I hope this clarifies the matter for the Deputy.
642. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection the status of the review of illness benefit payments for a person (details supplied). [2838/19]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 8th November 2018. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Employment Affairs and Social Protection. These papers were received in the Social Welfare Appeals Office on the 12th December 2018 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
643. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection the status of a disability allowance review for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [2839/19]
View answerBased on the evidence supplied in support of this person’s application, her application for disability allowance (DA) was disallowed on the grounds that the medical qualifying condition was not satisfied. The person in question was notified in writing of this decision on 4 October 2018.
They requested a review of the decision by a deciding officer (DO) and submitted additional medical evidence for consideration on 19 November 2018. Once a decision is made the person concerned will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
644. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will be made in relation to a disability allowance claim by a person (details supplied); and if she will make a statement on the matter. [2846/19]
View answerI confirm that my department received an application for disability allowance from this gentleman on 6 November 2018. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
645. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the status of an invalidity pension appeal by a person (details supplied); and if she will make a statement on the matter. [2848/19]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP from the gentleman concerned on 08 August 2018. His claim was disallowed on the grounds that the contribution conditions for the scheme were not satisfied. He was notified on the 14 August 2018 of this decision, the reasons for it and of his right of review and appeal. The gentleman concerned has appealed the decision to the independent Social Welfare Appeals Office (SWAO).
In order to establish whether the medical and contribution conditions for IP are satisfied in this case, the Department sent two forms to the gentleman on 10 January 2019. On receipt of the completed forms the appeal will be processed as quickly as possible and he will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
646. Deputy Michael Moynihan asked the Minister for Employment Affairs and Social Protection if the State pension (contributory) awarded to a person (details supplied) in County Cork will be backdated to when the applicant turned 66 years of age; and if she will make a statement on the matter. [2865/19]
View answerThe person concerned applied for state pension (contributory) on 27 April 2017. On 18 July 2017, the person's claim was disallowed as, according to my Department's records, the person had not entered insurable employment before reaching 56 years of age and did not have the required 520 contributions.
Through correspondence from the person's accountant, dated 7 August 2017, the person then notified the Department that they had been in a farming partnership with their spouse. Their case was referred to the Department's Scope section to investigate. Following a Scope decision that a retrospective partnership did exist, the person was deemed to be a self-employed contributor and consequently PRSI liabilities for the years from 1988/89 to 2007 were due.
Under social welfare legislation, a self-employed contributor shall not be regarded as satisfying the qualifying conditions for state pension (contributory) unless and until all outstanding self-employment contributions are paid. In this case, the person's outstanding self-employment liabilities were paid in full on 7 March 2018. The person’s state pension (contributory) was then awarded from that date and the person concerned was notified in writing.
I hope this clarifies the matter for the Deputy.
647. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [2866/19]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 16th January 2019.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
648. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the reason the legislation necessary to transpose IORP II into law was not passed by 13 January 2019; and when the legislation necessary for transposition will be passed. [2868/19]
View answerThe over-arching objective of IORP II Directive is to facilitate the development of occupational retirement savings in the EU. Many of the provisions contained within the Directive will support positive reform of the Irish occupational pension sector. The Directive provides for a range of new requirements concerning governance, management standards in schemes, safekeeping of assets, the need for clear and relevant information to members, the removal of obstacles to cross-border provision of pension services and the facilitation of cross border transfer of schemes. There are also provisions that will enhance the powers of the Pensions Authority for effective supervision of occupational pensions.
The IORPS Directive was the result of almost three years of discussion and negotiation and came into force on 12 January 2017. Officials in my Department, supported by the Pensions Authority, are managing the transposition process of the IORP II Directive. This is a substantial Directive and preparation of regulations to transpose the Directive are at an advanced stage. It is expected that transposition into Irish law will be achieved later this quarter. This timeframe is in keeping with many other EU countries. It should be noted that from enquiries made, the Department is aware of only one country which has transposed the Directive to date.
Codes of practice will also be issued by the Pensions Authority following approval of the Minister. The codes will expand on requirements, policies and principles prescribed in the transposing regulations. They will explain in practical detail what the Authority will expect from trustees to demonstrate their commitment to serving the best interests of members, deferred members and other beneficiaries.
To ensure that schemes are informed of their obligations under the Directive, the Pensions Authority will also undertake a communication campaign on the implementation of the Directive. The Authority will engage and consult with industry stakeholders and trustees on implementation of the new regulatory regime and related codes of practice. The emphasis of this engagement will be on providing sufficient support, time and information in order for industry and trustees to plan for and make the changes needed.
I hope this clarifies the matter for the Deputy.
