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Tuesday, 12 Feb 2019

Written Answers Nos. 725-746

Social Welfare Eligibility

Questions (725)

Richard Boyd Barrett

Question:

725. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the steps a person should take who does not qualify for a social welfare payment due to his or her spouse's earnings although they are estranged but compelled to live under the same roof due to the housing crisis; and if she will make a statement on the matter. [6749/19]

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Written answers

Social welfare legislation provides that all income (including earnings) and assets belonging to the claimant and his or her spouse, partner or cohabitant are assessable for social welfare means testing purposes.

Where a person remains living in the same household as their spouse, social welfare inspectors have a key role in investigating and advising the Department’s deciding officers on whether a couple are separated for means testing purposes. In this regard, no single criterion can necessarily support a decision that a couple are separated or not. The criteria for assessment include, but is not limited to:

- the duration of the relationship;

- the basis on which the couple live together;

- the degree of financial dependence of either adult on the other and any agreements in respect of their finances;

- the degree and nature of any financial arrangements between the adults;

- whether there are one or more dependent children;

- whether one of the adults cares for and supports the children of the other;

- the degree to which the adults present themselves to others as a couple.

If the deciding officer considers the couple to be separated, then the earnings of the spouse/partner would not be included in the means assessment. However, any maintenance payments (including the payment of rent/mortgage) would then be assessable.

It is open to the claimant to appeal a decision made by the Department to the Social Welfare Appeals Office within 21 days of the decision.

Invalidity Pension Applications

Questions (726)

Niamh Smyth

Question:

726. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); when a decision will be made; and if she will make a statement on the matter. [6772/19]

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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 referred to on 08 November 2018. A Deciding Officer of the Department wrote to him on 11 February 2019 requesting confirmation of the date he ceased self employment and his preferred payment option. His claim will be finalised as soon as possible on receipt of the requested information.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Appeals

Questions (727)

Paul Kehoe

Question:

727. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection if assistance will be offered to a person (details supplied) regarding a carer's allowance review; and if she will make a statement on the matter. [6806/19]

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Written answers

Carer'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.

It was decided in this case that this condition has not been satisfied.

The person concerned was notified on 17 January 2019 of this decision, the reason for it and of their right of review and appeal.

They requested a review of that decision on 29 January 2019 and this review is currently under way.

Once the review is completed, the person concerned will be notified directly of the outcome. In the meantime, if their means are insufficient to meet their needs they should contact their local Intreo Centre to see if they may be entitled to a means-tested supplementary welfare allowance payment.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Status

Questions (728)

Niamh Smyth

Question:

728. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [6814/19]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18th January 2019. 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 4th February 2019 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.

Invalidity Pension Appeals

Questions (729)

Brendan Griffin

Question:

729. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a decision has been made on an invalidity pension appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [6815/19]

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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 including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. 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.

Carer's Allowance Applications

Questions (730)

Niamh Smyth

Question:

730. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [6817/19]

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Written answers

Carer'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.

An application for CA was received from the person concerned on 24 October 2018.

It is a condition for receipt of a CA that the person being cared for must have such a disability that as a result they require full-time care and attention. This is defined in legislation as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 7 February 2019 of this decision, the reason for it and of his right of review and appeal.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Questions (731)

Michael Healy-Rae

Question:

731. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a disability allowance application by a person (details supplied); and if she will make a statement on the matter. [6819/19]

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Written answers

I confirm that my department received an application for disability allowance (DA) from this lady on 18 January 2019. 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 DA 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.

Invalidity Pension Applications

Questions (732)

Niamh Smyth

Question:

732. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); when a decision is likely; and if she will make a statement on the matter. [6820/19]

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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 28 January 2019. The deciding officer (DO) is satisfied that the medical conditions for the scheme are satisfied.

On 08 February 2019, in order to process the claim, the DO issued a request asking that the gentleman concerned provide a P45 or letter from his employer confirming the last date of his employment. As the gentleman in question has claimed an increase for a qualified child (IQC) the DO has requested further information from him in order to assess eligibility for the IQC.

As soon as this information has been received the IP claim will be finalised as quickly as possible and he will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

Invalidity Pension Applications

Questions (733)

Niamh Smyth

Question:

733. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); when a decision is likely; and if she will make a statement on the matter. [6821/19]

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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 referred to on 04 October 2018. This claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on the 05 February 2019 of this decision, the reasons for it and of his right of review and appeal.

I hope this clarifies the matter for the Deputy.

Illness Benefit Payments

Questions (734)

Seán Haughey

Question:

734. Deputy Seán Haughey asked the Minister for Employment Affairs and Social Protection if a person (details supplied) will receive illness benefit payments on a weekly basis at the full rate in view of the fact the person is receiving sporadic payments at present; and if she will make a statement on the matter. [6831/19]

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Written answers

The person concerned has been awarded Illness Benefit at the maximum rate and should continue to submit medical certification from his doctor for the period he is absent from work due to illness. As payment to the person concerned is due each Thursday, he should ensure that he submits a medical certificate that covers the period from Thursday to the following Wednesday each week. This ensures that he receives the full rate on a weekly basis.

The person concerned is currently paid up to date and is medically certified until the 14th February 2019.

I trust this clarifies the matter for the deputy.

Social Welfare Eligibility

Questions (735)

Aengus Ó Snodaigh

Question:

735. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the social welfare payment a person (details supplied) is eligible to receive. [6837/19]

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Written answers

It is open to the person concerned to apply for any scheme that is provided by the Department of Employment Affairs and Social Protection. Once an application is received a decision will be made by the relevant scheme to ascertain if the person concerned is eligible for payment.

Attempts to contact the person concerned have been unsuccessful, and if the Deputy is in contact with the person concerned they should be advised to contact their local Intreo Centre where information is available on all schemes and services offered by my Department.

I hope this clarifies the matter for the deputy.

State Pensions

Questions (736)

Paul Murphy

Question:

736. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection her plans to allow those who have reached 65 years of age and are retired to apply for the full State pension; the cost of such a reform; and if she will make a statement on the matter. [6935/19]

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Written answers

It is well known that people are living for much longer. This is very positive. As a result of this demographic change, the number of State pension recipients is increasing year on year. This has significant implications for the future costs of State pension provision which are currently increasing by approximately €1 billion every 5 years.

The purpose of changes to the State pension age is to make the pension system more sustainable in the context of increasing life expectancy. This sustainability is vital, if the current workers, who fund State pension payments through their PRSI, are to receive a pension themselves when they reach retirement age. Therefore, the Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition) which was available to people aged 65 who satisfied the qualifying conditions. This measure standardised the State pension age for all at 66 years. This will increase to 67 in 2021 and to 68 in 2028. Reversing the 2014 change could be expected to cost a sum in the region of €100 million per annum, depending upon the impact it would have upon retirement.

In most cases, it is hoped that workers will continue to work up to State pension age. Where this is not possible and a person exits the workforce before reaching State pension age they may apply for either the jobseeker’s benefit or jobseeker’s allowance schemes. Jobseeker’s payments are currently paid to eligible jobseekers aged 18 to 66 years.

Jobseekers Benefit is payable subject to the person satisfying the general scheme conditions. This entitlement is normally paid for 9 months (234 days) for people with 260 or more PRSI contributions paid and for 6 months (156 days) for people with fewer than 260 PRSI contributions paid. Arrangements are in place to provide that jobseekers whose benefit expires in their 65th year can generally continue to be paid benefit up until pensionable age (66 years) provided they satisfy the necessary contribution conditions. The jobseekers schemes are kept under review and any further changes, including entitlement beyond the 66th year, will be considered in that context.

It is important to note that there is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. While such a contract may have been entered into with a retirement date of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so. In this regard, the Workplace Relations Commission has produced a Code of Practice on Longer Working and the Irish Human Rights and Equality Commission (IHREC) has published guidance material for employers on the use of fixed-term contracts beyond normal retirement age.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (737)

Caoimhghín Ó Caoláin

Question:

737. Deputy Caoimhghín Ó Caoláin asked the Minister for Employment Affairs and Social Protection the reason compensation payments awarded to persons as a result of medical negligence in the circumstances of birth here are taken into account when assessing means for entitlements; and if she will make a statement on the matter. [6946/19]

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Written answers

Social welfare legislation provides for the manner in which a person's means are assessed for social assistance schemes. In summary, any income or capital, with some exceptions and disregards, belonging to the person and his/her spouse, partner or co-habitant is assessable for social welfare means testing purposes.

Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person. These disregards include, for example, all income derived from compensation awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and in relation to disability caused by Thalidomide. Any payment made by the Residential Institutions Statutory Fund Board is also disregarded for social welfare means test purposes. In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme are also disregarded.

All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner. However, most social assistance schemes (such as Jobseeker's Allowance and State Pension Non-Contributory) have an initial capital disregard of €20,000. In the case of Disability Allowance, the first €50,000 in capital is disregarded.

Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.

Carer's Allowance Eligibility

Questions (738)

Bernard Durkan

Question:

738. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if all required documentation has been received by the relevant section of her Department in respect of a carer's allowance review in the case of a person (details supplied); the information outstanding; and if she will make a statement on the matter. [6952/19]

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Written answers

During the course of a review of their entitlement to carer's allowance (CA), it was determined that the person concerned had not notified the Department of changes in their financial circumstances. When Department officials requesting documentation pertaining to these changes, the person concerned failed to supply them.

On 13 November 2018, the person concerned was notified that their entitlement to CA from 22 May 2014 to date was under review and that should a Deciding Officer decide that she was not entitled to CA during that period or that she was entitled to lower rates than was paid, she would be liable to refund any monies paid to which she was not entitled. She was offered the opportunity to furnish any statement or evidence she wanted to supply in the matter.

On 7 February 2019, a Deciding Officer reviewed all the evidence and decided that the person concerned was no longer entitled to CA as she had failed to show that her means were not less than the statutory limit and had failed to supply documentation that was requested from her. In addition it was decided that she was not entitled to CA from 1 December 2016 to 13 February 2019 for the same reasons.

As a result, it was further decided that she had been overpaid an amount of money which she is liable to refund to the Department.

The person concerned was notified on 7 February 2019 of this decision, the reason for it and of her right of review and appeal.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Waiting Times

Questions (739)

Brendan Griffin

Question:

739. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if additional resources will be provided to reduce the three-month delay in sending carer's allowance appeals to the independent Social Welfare Appeals Office; and if she will make a statement on the matter. [6954/19]

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Written answers

Where a person is unhappy with the decision of one of the Department's Deciding Officers, they can appeal that decision to the independent Social Welfare Appeals Office (SWAO).

As part of the appeal process all evidence submitted is reviewed by a different Deciding Officer to see if a revised decision is warranted. This can take some time in the case of carer's allowance (CA) applications, primarily due to the nature of the CA scheme but also in cases where additional medical evidence has been submitted in support of the appeal. In 2018, 440 cases were reviewed by a Deciding Officer in the appellant's favour, which meant that a full appeal was not required.

Where the original decision is confirmed, a submission is prepared to explain the Deciding Officer's decisions and this submission is forwarded to the SWAO.

At all times every effort is made to complete reviews and ensure, where necessary, that appeals proceed as quickly as possible.

Anyone experiencing financial difficulties while awaiting a decision on a review or an appeal of any social welfare payment should contact their local Intreo Centre and enquire as to their entitlement to a payment under the Department's Supplementary Welfare Allowance (SWA) scheme.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (740)

Mary Butler

Question:

740. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection the entitlements persons (details supplied) under EU regulations are entitled to in terms of optical and dental benefits; and if she will make a statement on the matter. [7032/19]

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Written answers

Qualification for optical and dental benefit is based on satisfying certain PRSI conditions, including having paid the required total number of contributions since first starting work, along with having the required number of contributions paid or credited in the relevant tax year on which the claim is based.

The persons concerned made applications for optical benefit in January 2019. These applications were refused as they did not have the required total number of contributions paid.

A social insurance record in the EU may help the persons concerned to qualify for benefit, provided they have at least one PRSI contribution paid, at Class A, E, H, P or S, since returning to Ireland. Unfortunately, they do not have any contributions recorded as paid since returning to Ireland and therefore do not qualify for benefit.

If the persons concerned have a Medical Card, they should contact their local HSE office which will advise on entitlements under the HSE scheme.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Questions (741)

Mary Butler

Question:

741. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection the reason October 1946 was chosen as the cut-off date for those affected by pension anomalies since the changes in legislation in 2012; her plans on making changes to this date; if she will consider inclusion of those born prior to this date whose pensions were affected; and if she will make a statement on the matter. [7033/19]

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Written answers

In January last year I announced a new Total Contributions Approach (TCA) to calculating the entitlement of pensioners who reached state pension age on or after 1 September 2012 (i.e., those born on or after 1 September 1946) and who have a reduced rate pension entitlement based on post Budget 2012 rate bands.

People whose pensions were decided prior to 1 September 2012 were not affected by the Budget 2012 rateband changes. As a consequence, people whose pensions were calculated under the 2000-2012 ratebands were subject to a significantly more generous regime than those who qualified before or afterwards, as a Yearly Average of only 20 contributions per year (out of a maximum of 49) could attract a 98% pension. The effect of the Budget 2012 rateband changes, as it impacted upon those new pensioners since September 2012, will be familiar to anyone who followed the debate on this matter over the last 6 years. If pre-September 2012 pensioners were also allowed avail of HomeCaring Credits, their arrangements, as a group, would continue to be significantly more generous than those of post-2012 pensioners. There would also be a very significant cost which would be expected to be of the order of several hundred millions of euros each year. This in turn could significantly impact funds for future pension increases with consequential implications for pensioner poverty.

For those with insufficient contributions to meet the requirements for a State pension (contributory), they may qualify for a means tested State pension (non-contributory), the maximum personal rate for which is €232 (over 95% of the maximum rate of the contributory pension). This rate of payment does not include rent allowance, household benefits or fuel allowance. Alternatively, if their spouse is a State pensioner and they have significant household means, their most beneficial payment may be an Increase for a Qualified Adult, based on their personal means, and amounting up to 90% of a full contributory pension.

I hope this clarifies the matter for the Deputy.

Workplace Relations Commission

Questions (742)

Tony McLoughlin

Question:

742. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection if the appeal by a person (details supplied) to the WRC has now been submitted correctly; if the case will be expedited; and if she will make a statement on the matter. [7098/19]

View answer

Written answers

I understand that the Deputy's question relates to an appeal submitted to the Workplace Relations Commission. This matter comes within the remit of the Department of Business, Enterprise and Innovation. I understand that that Department has agreed to accept this question on transfer and to reply to the Deputy.

JobPath Data

Questions (743)

John Curran

Question:

743. Deputy John Curran asked the Minister for Employment Affairs and Social Protection the number of persons that engaged with JobPath and secured full-time employment that lasted for less than three, six and nine months and less than one year, respectively; and if she will make a statement on the matter. [7109/19]

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Written answers

JobPath is a service that supports people who are long-term unemployed to obtain and sustain paid employment. The service was launched in 2015 on a ‘rolling basis’ with referral numbers gradually increasing over time.

There are two phases to the service. During the first phase, of 12 months duration, a personal advisor (PA) provides practical assistance in searching, preparing for, securing and sustaining employment. The second phase starts if the jobseeker is successful in finding work. During this phase the PA continues to work with the jobseeker for a further period of at least three months, and up to 12 months. In addition to the two phases jobseekers may also undertake training while with the service and this may extend the period the jobseeker is supported through the service for up to a further 6 months.

In designing the JobPath service, the Department took steps to ensure the focus would be on sustained employment outcomes, rather than the traditional measurement of such contracts i.e. outcomes based on jobseekers being ‘placed into / starting’ employment. As a result the Department only makes payments for full time employment outcomes that last a minimum of 13 weeks. The Department is therefore not reporting on or making payments for any job sustainment outcomes of less than 13 weeks e.g. full time employment of 12 weeks duration - which will have been beneficial to the Jobseeker.

It should also be noted that jobseekers are supported by the service for up to 30 months and as such the duration of the client journey necessitates the requirement of a cohort based approach to reporting in order to produce accurate outcome data. For this reason, the number of clients entering employment and sustaining employment is expected to increase over time.

In regard to individual client’s employments which last less than 3, 6, 9 and 12 months, my Department does not collate and process such specific data and the information requested is currently unavailable. However the total number of jobseekers who engaged with JobPath, and had sustained full-time employment for 13, 26, 39 & 52 weeks up to the end of 2018 is shown in table 1 below.

I hope this clarifies the matter for the Deputy.

Table 1: Clients engaged with JobPath and full time employment outcomes

No.

Total number of Job starts

40,689

13 weeks or more

Number of job starts which occurred over 13 weeks ago

38,410

Number of those which sustained for 13 weeks

27,653

26 weeks or more

Number of job starts which occurred over 26 weeks ago

33,886

Number of those which sustained for 26 weeks

20,400

39 weeks or more

Number of job starts which occurred over 39 weeks ago

29,409

Number of those which sustained for 39 weeks

15,254

52 weeks or more

Number of job starts which occurred over 52 weeks ago

24,873

Number of those which sustained for 52 weeks

11,334

Social Welfare Appeals Status

Questions (744)

Joe Carey

Question:

744. Deputy Joe Carey asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will be informed of the decision of an oral hearing; and if she will make a statement on the matter. [7141/19]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. 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.

Wind Energy Guidelines

Questions (745, 749, 750)

Fiona O'Loughlin

Question:

745. Deputy Fiona O'Loughlin asked the Minister for Housing, Planning and Local Government if the need to bring forward new guidelines on wind farms will be addressed; and if he will make a statement on the matter. [6367/19]

View answer

Billy Kelleher

Question:

749. Deputy Billy Kelleher asked the Minister for Housing, Planning and Local Government when the new guidelines governing wind turbines will be published in view of the fact that the current wind energy guidelines were issued in 2006; the reason for the delay in publishing the new guidelines; and if he will make a statement on the matter. [6269/19]

View answer

Billy Kelleher

Question:

750. Deputy Billy Kelleher asked the Minister for Housing, Planning and Local Government his views on whether it is appropriate for planning to be lodged with local authorities or An Bord Pleanála for large-scale wind farms in cases in which the height of the turbines far exceeds the approved height in the 2006 wind energy guidelines until such time as the new guidelines are published; and if he will make a statement on the matter. [6270/19]

View answer

Written answers

I propose to take Questions Nos. 745, 749 and 750 together.

My Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines. The review is addressing a number of key aspects including sound or noise, visual amenity setback distances, shadow flicker, community obligation, community dividend and grid connections.

As part of the overall review, a strategic environmental assessment (SEA) is being undertaken on the revised Guidelines before they come into effect, in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as the SEA Directive.

SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process. My Department appointed SEA experts in December 2017 to assist in this regard. It is expected that a public consultation on the revised draft Guidelines, together with the comprehensive environmental report under the SEA process, will be commenced later in Q1 2019, with the aim of issuing the finalised Guidelines, following detailed analysis and consideration of the submissions and views received during the consultation phase, in mid 2019.

When finalised, the revised Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions generally under the Planning Acts. In the meantime, the current 2006 Wind Energy Development Guidelines remain in force which, together with the normal statutory requirements of the Planning Acts, which apply to wind energy development projects in the same manner as other proposed developments, provide an adequate framework through which wind energy developments can continue to be considered by planning authorities and An Bord Pleanála.

Irish Water

Questions (746)

Catherine Murphy

Question:

746. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the agency responsible for auditing the financial accounts of Irish Water on an annual basis; and if he will make a statement on the matter. [6238/19]

View answer

Written answers

In accordance with the Water Services Act 2013, as amended, the Companies Act 2014, as amended, and Irish Water’s Constitution, Irish Water appoints auditors to audit its financial accounts. Deloitte has been appointed to audit Irish Water’s accounts and its current term of appointment concludes with the 2018 financial year end audits. The Ervia Board’s decision to appoint Deloitte as Irish Water’s auditors was on the basis of Ervia’s appointment of Deloitte as auditors to audit the financial accounts of Ervia. The appointment of the same auditor across Ervia and its subsidiaries, including Irish Water, is considered to be the most practical approach for Ervia.

In accordance with the Gas Act 1976, as amended, the appointment of auditors for Ervia is currently being considered for the 2019 financial year end audits and beyond, and such a decision necessitates my approval. The appointment of the same auditor across Ervia and its subsidiaries, including Irish Water, will be addressed as part of this Ministerial consent process in due course. Account will also be taken of the ongoing consideration of the potential role for the Comptroller and Auditor General, as outlined in my reply to Question No. 209 of 6 February 2019.

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