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Tuesday, 22 Jan 2019

Written Answers Nos. 649-668

State Pension (Contributory)

Questions (649)

Robert Troy

Question:

649. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a pension increase and back payment will be awarded to a person (details supplied). [2875/19]

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Written answers

Since 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 all 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 in age order, starting with those aged 71 years or over.  Due to the number of pensioners involved, 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 certain social welfare payments 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. 

It is expected that the first review outcomes will be notified during Quarter 1 2019.  Regardless of when a review is completed, where a pensioner qualifies for an increase, the increase will be paid with their next due payment and arrears backdated to March 2018, or their 66th birthday if later.  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.

Social Welfare Inspections

Questions (650)

Fiona O'Loughlin

Question:

650. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the procedure for a social welfare inspector who is investigating a case; and if she will make a statement on the matter. [2884/19]

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Written answers

Social Welfare Inspectors, SWIs, are appointed under Section 250 of the Social Welfare Consolidation Act 2005 (as amended). As part of their function, they are required to investigate and report on customer’s claims and confirm that scheme conditionality is in order. They also have a role in ensuring that compliance is in order in relation to employer’s PRSI.

The Department's Inspectorate investigates is responsible for ensuring that employers comply with the Acts in relation to Pay Related Social Insurance contributions and for investigating such matters as the insurability of employment under the Acts.  Its remit also includes the combating of fraud and abuse of the Department's schemes.  The appointment and duties of Social Welfare Inspectors are provided for in Section 250 of the Social Welfare (Consolidation) Act 2005. These outline the requirement for a claimant to give an inspector information and any documents that s/he may require for the purposes of an investigation.  They also include the power to enter any premises liable for inspection and inspect and take copies or extracts from any records found there as may be necessary to ascertain compliance with the Act.

The social welfare inspector decides what investigative approach is required and is most appropriate to the case. Investigations may involve  desk assessments, office interviews, written and or verbal enquiries and may also include home visits. These may be notified or un-notified depending on the nature of the case. Inspectors may also be required to make visits to employers and may also engage in site visits.

 I trust this clarifies the matter for the Deputy.

Social Welfare Inspections

Questions (651)

Fiona O'Loughlin

Question:

651. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection if it is correct procedure for a social welfare inspector to call to the place of work of a person when they are working; and if she will make a statement on the matter. [2885/19]

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Written answers

Social Welfare Inspectors, SWIs, are appointed under Section 250 of the Social Welfare Consolidation Act 2005 (as amended) and are required to investigate and report on customer’s claims and confirm that scheme conditionality is in order. They also have a role in ensuring that compliance is in order in relation to employer’s PRSI.

As part of their investigations, SWIs may need to call to a person's place of employment when they are working.  This depends on the scheme involved and the specific circumstances of each case. It is at the discretion of the Inspector to decide whether or not  visits to an employer are necessary. Such visits to a person's place of employment are generally an operational control measure.  The inspector may notify the employer and or the person in advance or may have reasons for not doing. 

 I trust this clarifies the matter for the Deputy.

Public Services Card

Questions (652)

Willie O'Dea

Question:

652. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if the investigation by the Data Protection Commissioner into the public services card has been completed; if so, the findings of this investigation; the actions that will be taken on foot of the investigation; her plans to publish the report by the Data Protection Commissioner; if not, the reason therefor; and if she will make a statement on the matter. [2906/19]

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Written answers

In October 2017, the Data Protection Commissioner, DPC, initiated an investigation to assess the legal basis for the processing of data in connection with the public services card, PSC, and other related matters. 

The DPC 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 gave strict instructions that the Department should not disclose the draft report to any other party and this request was respected.

My Department provided a comprehensive response to the DPC’s draft report on 30 November 2018 and we now await the commissioner's response.  

I hope this clarifies the matter for the Deputy  

Brexit Issues

Questions (653)

Willie O'Dea

Question:

653. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if the scheme by scheme analysis being conducted on the impact of Brexit on reciprocal arrangements, social insurance schemes and social assistance schemes between Ireland and the United Kingdom has been completed; if so, the findings of this analysis; the actions taken or which will be taken; if this analysis has been or will be published; and if she will make a statement on the matter. [2907/19]

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Written answers

The Government and the EU remain committed to securing a negotiated Brexit outcome. We have been planning for all Brexit scenarios but in light of uncertainties in London and the Brexit deadline of 29 March, the Government decided at its meeting of 11 December that immediate priority must now be given to preparations for a no deal Brexit and that Government Departments and state agencies should urgently take forward work on that basis. 

The contingency action plan which the Government published on 19 December sets out in comprehensive terms, the challenges to be faced and the actions taken and planned by the Government across key sectors in the event of a no deal Brexit scenario.

My 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.  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 Common Travel Area, are safeguarded and maintained.

During the passage of the Social Welfare, Pensions and Civil Registration Bill 2018 through the Oireachtas I gave a commitment to share once complete, the analysis being conducted by my Department on the impact of Brexit on the reciprocal arrangements for social insurance schemes, social assistance schemes and child benefit between Great Britain, Northern Ireland and the Republic of Ireland.   

Brexit Issues

Questions (654)

Willie O'Dea

Question:

654. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if reciprocal pension arrangements between Ireland and the United Kingdom will continue as they are currently even in the event of a no-deal Brexit; and if she will make a statement on the matter. [2908/19]

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Written answers

The Government and the EU remain committed to securing a negotiated Brexit outcome.   We have been planning for all Brexit scenarios but in light of uncertainties in London and the Brexit deadline of 29 March, the Government decided at its meeting of 11 December that immediate priority must now be given to preparations for a no deal Brexit and that Government Departments and state agencies should urgently take forward work on that basis. 

The contingency action plan which the Government published on 19 December sets out in comprehensive terms, the challenges to be faced and the actions taken and planned by the Government across key sectors in the event of a no deal Brexit scenario.

My 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.   

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 Common Travel Area, are safeguarded and maintained.

JobPath Data

Questions (655)

John Brady

Question:

655. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the sanction rates and penalties in place for failure to engage with the JobPath scheme by county in tabular form. [2931/19]

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Written answers

Penalty rates were introduced in 2011 as a means of encouraging Jobseekers to engage with activation measures and to 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 the Department.  Penalty rates are only applied as a last resort.  If dissatisfied with that decision it is open to the Jobseeker to appeal the decision to the Social Welfare Appeals Office. 

The penalty rates which currently apply to Jobseeker’s Allowance customers aged 26 years and over is €44.00 per week.  For those age 25 years old the penalty rate is €33.00 per week and for those aged 18-24 years the rate is €25.00.

 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.  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 applied.

A breakdown by County of the number of penalty rate sanctions currently applied to customers engaging with JobPath is set out below. 

County  

Currently engaged with JobPath with a current Penalty Rate

Cavan

10

Clare

3

Cork

16

Donegal

33

Dublin

186

Galway

24

Kerry

2

Kildare

9

Kilkenny

8

Laois

8

Leitrim

1

Limerick

20

Longford

5

Louth

13

Meath

13

Monaghan

7

Offaly

12

Roscommon

3

Tipperary

14

Waterford

5

Westmeath

9

Wexford

26

Wicklow

5

Total  

432

I hope this clarifies the matter for the deputy.  

Social Welfare Appeals Status

Questions (656)

Michael Healy-Rae

Question:

656. 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. [3010/19]

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Written answers

I 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 has been notified of the Appeals Officer’s decision.  

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.

Social Welfare Appeals Status

Questions (657)

Eamon Scanlon

Question:

657. Deputy Eamon Scanlon asked the Minister for Employment Affairs and Social Protection the status of a jobseeker's benefit appeal by a person (details supplied); and if she will make a statement on the matter. [3014/19]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on 14 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 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.

Invalidity Pension Appeals

Questions (658)

Eamon Scanlon

Question:

658. Deputy Eamon Scanlon 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. [3024/19]

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Written answers

Invalidity 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 for the gentleman concerned on 18 April 2018.  His claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 2 August 2018 of this decision, the reasons for it and of his right of review and appeal.   

The gentleman concerned appealed this decision and submitted further medical evidence in support of his appeal.  Following a review of his application, a Deciding Officer wrote to the gentleman concerned on 18 January 2019 requesting further information relevant to his claim and that he confirm his preferred method of payment .  Upon receipt of same, the IP claim will be finalised and he will be notified directly.

I hope this clarifies the matter for the Deputy.  

Public Services Card

Questions (659)

Brendan Griffin

Question:

659. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if it is no longer compulsory for persons to register for the public services card to receive social protection payments; and if she will make a statement on the matter. [3056/19]

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Written answers

Section 241 of the Social Welfare Consolidation Act, 2005 (as amended), provides that a person must satisfy the Minister as to his/her identity when making a new claim for a social welfare payment/entitlement and sets out how that can be done.

Section 247C of the 2005 Act provides that an existing claimant must satisfy the Minister as to his/her identity, sets out how that can be done and provides for disqualification where an existing claimant fails to so do.

Once a customer completes the SAFE 2 registration process, they may be issued with a Public Services Card, PSC. The PSC is replacing older documents used to show entitlement to a benefit, including the social welfare services card and the paper travel pass.

Accordingly, it will in future be necessary to produce a PSC as proof of identity for certain types of transactions, including collecting welfare payments in cash at post offices and availing of free travel on public transport.

I trust this clarifies the position for the Deputy. 

Employment Data

Questions (660, 661, 662, 663, 664, 665, 666, 667)

Joan Burton

Question:

660. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 2001 to 2004 who had earnings (details supplied) based on P35 returns for 2017, in tabular form. [3057/19]

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Joan Burton

Question:

661. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 2000 to 2003 who had earnings (details supplied) based on P35 returns for 2016, in tabular form. [3058/19]

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Joan Burton

Question:

662. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1999 to 2002 who had earnings (details supplied) based on P35 figures for 2015, in tabular form. [3059/19]

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Joan Burton

Question:

663. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1998 to 2001 who had earnings (details supplied) based on P35 returns for 2014, in tabular form. [3060/19]

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Joan Burton

Question:

664. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1997 to 2000 who had earnings (details supplied) based on P35 returns for 2013, in tabular form. [3061/19]

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Joan Burton

Question:

665. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1998 to 2001 who had reckonable earnings for social insurance purposes by gross income group (details supplied) based on P35 returns for 2017, in tabular form. [3100/19]

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Joan Burton

Question:

666. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1997 to 2000 who had reckonable earnings for social insurance purposes by gross income group (details supplied) based on P35 returns for 2016, in tabular form. [3101/19]

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Joan Burton

Question:

667. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1996 to 1999 who had reckonable earnings for social insurance purposes by gross income group (details supplied) based on P35 returns for 2015, in tabular form. [3102/19]

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Written answers

I propose to take Questions Nos. 660 to 667, inclusive, together.

The tables below show the number of persons who had earnings for social insurance purposes under Class M as requested by the Deputy.  Class M includes people with no contribution liability such as employees under age 16 or people aged 66 or over (including those previously liable for Class S), persons in receipt of occupational pensions (on the occupational pension income only) or people within Class K with a nil liability.  The only benefits accruing to Class M contributors are Occupational Injuries Benefits, in certain cases.

2013 Earnings 

Birth Year 

 Numbers of People

0.1-5,000

 5,001 - 10,000

 10,001 - 15,000

 15,001 - 20,000

 20,001 and higher

1997

1,182

751

361

52

15

 3

1998

 812

579

191

 25

 14

3

1999

 442

332

 94

 10

 5

 1

2000

 235

184

 41

 7

 2

 1

All

2,671

 1,846

 687

 94

36

 8

2014 Earnings  

Birth Year  

 Numbers of People

 0.1-5,000

 5,001 - 10,000

 10,001 - 15,000

 15,001 - 20,000

 20,001 and higher

1998

 1,179

 786

 327

34

26

 6

1999

 837

 627

 177

 22

 9

 2

2000

431

333

82

12

 3

 1

2001

263

202

 52

 5

 2

2

All

2,710

1,948

638

73

 40

 11

 2015 Earnings 

Birth Year  

Numbers of  People

 0.1-5,000

 5,001 - 10,000

 10,001 - 15,000

 15,001 - 20,000

 20,001 and higher

1999

 1,186

 794

 332

 38

 16

 6

2000

 896

 669

 196

 23

 7

 1

2001

 483

 359

107

 14

 2

 1

2002

 263

 212

 43

 5

 1

 2

All

 2,828

 2,034

 678

 80

 26

 10

  2016 Earnings

Birth Year  

Numbers of People

  .01-5,000

 5,001 - 10,000

 10,001 - 15,000

 15,001 - 20,000

 20,001 and higher

2000

1,223

 814

354

 37

 15

 3

2001

 908

661

208

 26

11

 2

2002

 445

 363

63

 10

 6

 3

2003

 204

152

 46

 5

 1

 0

All

 2,780

 1,990

 671

 78

 33

 8

  2017 Earnings

Birth Year  

Numbers of People

  .01-5,000

 5,001 - 10,000

 10,001 - 15,000

 15,001 - 20,000

 20,001 and higher

2001

1,246

 869

 310

 44

 18

 5

2002

901

 700

166

 21

9

5

2003

 404

 295

95

11

0

3

2004

189

 157

26

 3

 2

 1

All

2,740

2,021

597

 79

 29

14

2017 figures are based on the most up to date information provided by the Office of the Revenue Commissioners.

Illness Benefit Payments

Questions (668)

Kevin O'Keeffe

Question:

668. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection the amount and dates of payment of illness benefit to a person (details supplied) in County Cork in 2018. [3109/19]

View answer

Written answers

The person concerned has been furnished with a statement of Illness Benefit paid for 2018. This information has issued to the Deputy and the person concerned directly by post.

I trust this clarifies the matter for the deputy.  

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