Written Answers Nos. 551-569
551. Deputy John Brassil asked the Minister for Employment Affairs and Social Protection if a facility (details supplied) is being used for housing allocation or emergency accommodation; and if she will make a statement on the matter. [10520/19]
View answerRent supplement continues to play a vital role in housing families and individuals, with the scheme supporting approximately 23,300 recipients for which the Government has provided €132.4 million for 2019.
The Department can confirm that rent allowance is being paid to residents in the facility referred to by the Deputy, in appropriate accommodation of their choosing.
The strategic goal of returning rent supplement to its original purpose, that of a short-term income support, has been primarily facilitated by the introduction of the Housing Assistance Payment (HAP). The “Rebuilding Ireland - Action Plan for Housing and Homelessness (July 2016), reiterated in the “Housing First National Implementation Plan 2018-2021” (September 2018), is to provide 87,000 flexible housing supports through the HAP and Rental Accommodation Scheme between 2016 and 2021. As part of this commitment will be the transfer of those out of rent supplement with long-term housing needs to HAP with a targeted completion date of these transfers by the end of 2020.
I trust this clarifies the matter for the Deputy.
552. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that a person (details supplied) has submitted an application for disability allowance; when it is expected that the application will be processed; when it is expected that a decision will be made on the application; and if she will make a statement on the matter. [10522/19]
View answerI confirm that my department received an application for disability allowance from this gentleman on 7 February 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.
553. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the amount spent on promoting the services of welfare.ie on all social media platforms in the past two years to date by amounts spent, social media platform and year; and if she will make a statement on the matter. [10546/19]
View answerFor the purpose of this response, I am working on the assumption that the Deputy was referring to the promotion of MyWelfare.ie services across all social media platforms.
My Department is committed to ensuring that members of the public are aware of the welfare supports and services that are available to them and that many of these services are accessible easily online at MyWelfare.ie. MyWelfare.ie provides easy online access to a range of welfare services, anytime, anywhere.
Public information campaigns are developed and targeted carefully, using the best mix of media formats, to ensure that the Department’s messages reach members of the public effectively while offering value for money. Therefore advertising includes both digital and social media platforms.
In 2019 to date , we have a committed spend of €5,000 ex. VAT for the promotion of MyWelfare.ie services on social media (Twitter). My Department is currently awaiting the invoice for this advertising activity. This promotion is part of a larger MyWelfare.ie campaign designed to raise awareness of the range of online services now available online- including easy online applications for maternity and paternity benefit, jobseekers payments, appointments and useful statement services like social insurance (PRSI) contribution statements.
There was no MyWelfare.ie related social media advertising expenditure during 2017 and 2018.
554. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a disability allowance by a person (details supplied); and if she will make a statement on the matter. [10641/19]
View answerI confirm that my department received an application for disability allowance (DA) from this gentleman on 15 February 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.
555. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if the appointment of the new data protection officer for her Department satisfies the General Data Protection Regulation, GDPR, requirement that the officer be independent in the exercise of their function under Article 38 (6); and if she will make a statement on the matter. [10643/19]
View answerArticle 38 of the General Data Protection Regulation (GDPR) deals with the position of the Data Protection Officer (DPO). All public authorities and bodies including Government Departments are required to designate a DPO. My Department has assigned the DPO role to a senior manager at Principal level and has also assigned considerable staff resources to support the DPO.
As Deputy is aware, Article 38 (6) provides:
"The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests for the DPO."
The DPO does not have tasks or duties that result in a conflict of interests. Further, my Department does not interfere in any way with the DPO's independent functions, nor does it instruct the DPO in the exercise of DPO responsibilities.
556. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the precise physical location of the public services card home unit of client information services office in her Department; the location of the office of the new data protection officer of her Department; and if she will make a statement on the matter. [10644/19]
View answerClient Identity Services has responsibility for SAFE registration, which may result in a Public Services Card being issued. Client Identity Services is based in Shannon Lodge, Carrick on Shannon, Co. Leitrim.
The Data Protection Officer is also based in the Department’s offices in Carrick on Shannon as are a range of other services of the Department.
I hope this clarifies the matter for the Deputy.
557. Deputy Eamon Scanlon asked the Minister for Employment Affairs and Social Protection the status of a carer's benefit review for a person (details supplied); and if she will make a statement on the matter. [10653/19]
View answerCarer's benefit (CARB) is a PRSI based payment, made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care.
Before a decision can be made on entitlement to carer’s benefit (CARB), evidence must be provided in respect of the care recipient’s care requirement, the level of care the carer provides, the carer’s hours of employment and their PRSI record.
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 is also a condition for receipt of a CARB that the person being cared for must have such disability that they require full-time care and attention.
This is defined 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.
The application for CARB was disallowed on the grounds that the evidence submitted did not indicate that the requirement for full-time care was satisfied.
The person concerned requested a review of this decision and submitted additional evidence in support of their claim with respect to establishing that the care recipient requires full time care and attention.
The person concerned recently changed employer and a request for additional information issued to him on 28 February 2019 in respect of the number of hours they are currently working.
Once the required information has been received and the review completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
558. 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. [10659/19]
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 for the gentleman referred to on 08 November 2018.
His claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 21 February 2019 of this decision, the reasons for it and of his right of review and appeal.
He requested a review of this decision and submitted further medical evidence on 27 February 2019 in support of his request. The review 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.
559. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection when a person can take a case to the Workplace Relations Commission, WRC, under the Employment (Miscellaneous Provisions) Act 2018, in cases in which their employer is not complying with the provisions of contracts and bands of hours worked; and if she will make a statement on the matter. [10660/19]
View answerThe Employment (Miscellaneous Provisions) Act 2018 (the 2018 Act) was signed by the President on 25 December 2018. The Act came into force on 4 March 2019. The 2018 Act introduces a new right for employees whose contract of employment does not reflect the reality of the hours they habitually work. Such employees will be entitled to request to be placed in a band of hours that better reflects the hours they have worked over a 12 month reference period.
The Act provides that an employee may request in writing to be placed in the relevant band of hours. The employer has four weeks to consider the request. The Act provides reasonable defences for employers to refuse an employee's request for any one of the following reasons:
1. the facts do not support the employee’s claim,
2. significant adverse changes have impacted on the business (e.g. loss of an important contract),
3. emergency circumstances (e.g. business has had to close due to flooding), or
4. where the hours worked by the employee were due to a genuinely temporary situation (e.g. cover for another employee on maternity leave).
Where the claim is disputed or refused, the employee can refer it to the Workplace Relations Commission (WRC) for mediation or adjudication. If the Adjudication Officer finds in the employee's favour the redress will be that they are placed in the appropriate band of hours. No other form of redress is available. An appeal against an Adjudication Officer's decision will be to the Labour Court.
The Banded Hours provision will not apply to an employer who has entered into a banded hours arrangement through an agreement by collective bargaining with their employees. This is to recognise that in some sectors, the retail sector in particular, banded hours arrangements have been agreed between the employer and employees and have been working well. The new provisions will not interfere with these arrangements or with any such agreements that are collectively bargained in the future.
It is important to remember that an employer is not obliged to offer hours of work in a week where the employee was not expected to work or when the business is not open.
Current employees will not have to wait 12 months after commencement of this provision to seek to be placed on a band of hours. From 4 March 2019, an employee who believes their contract does not reflect the hours they have consistently worked over the previous 12 months of service with their employer may request to be placed by that employer in a band of hours that better reflects the hours they have worked regularly.
I hope this clarifies the matter for the Deputy.
560. Deputy Eamon Scanlon asked the Minister for Employment Affairs and Social Protection the status of a disability allowance claim by a person (details supplied); and if she will make a statement on the matter. [10671/19]
View answerI confirm that an application from this lady for disability allowance (DA) was received by the Department on 22 January 2019.
The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. Once the SWI has submitted their report to DA section, a decision will be made on the application and this lady will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
561. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) is waiting to have their claim put into payment; and if she will make a statement on the matter. [10726/19]
View answerFollowing a successful appeal, this lady has been awarded disability allowance (DA) with effect from 5 September 2018. The first payment will be made by her chosen payment method on 20 March 2019.
Arrears of payment due, which include the Christmas Bonus, will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments.
I trust this clarifies the matter for the Deputy.
562. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 625 of 19 February 2019, the status of a further application for a carer's benefit by a person (details supplied); and if she will make a statement on the matter. [10729/19]
View answerCarer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a child or an adult in need of full-time care and attention.
An application for CARB was received from the person concerned on 23 October 2018.
The evidence submitted in support of this application was examined and the deciding officer decided that although the person concerned is providing a certain level of care, they are not providing full-time care and attention.
The person concerned was notified on 28 January 2018 of this decision, the reason for it and of her right of review and appeal.
A review of this decision was sought on 4 February 2019. The outcome of the review is that the original decision remains unchanged.
The person concerned requested an additional review of this decision on 14 February 2019 and the case has been referred to a local social welfare inspector (SWI) to establish the level of care being provided and whether the conditions for receipt of CARB are satisfied.
Once the SWI has reported and the review is complete, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
563. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection if she has finalised the terms of reference for the interdepartmental group on the future of community employment social inclusion schemes; and the programme for consultation that will take place during the review. [10734/19]
View answerThe first meeting of the Interdepartmental Group (IDG) is arranged for 26th March 2019. The terms of reference are being finalised and it is expected that the IDG will consider and make practical proposals on which Department is best placed to host the social inclusion strand of the Community Employment (CE) scheme on a cost neutral basis.
During the deliberations of the IDG, consultation will take place with key stakeholders and community groups.
The IDG will report to Cabinet Committee B, dealing with Social Policy and Public Services with the outcome of the deliberations of the group prior to a final decision by the Government.
It is expected that the IDG will report to Cabinet by end Q2 2019.
564. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection if a person who provides financial assistance to a family member who experienced delays in accessing illness benefit can be provided compensation under the exceptional needs payment; if a letter from the affected family member to confirm this was the case will be accepted by the community welfare office; and if she will make a statement on the matter. [10737/19]
View answerAs the Deputy is aware, payment issues had arisen in relation to the illness benefit scheme last year when my Department transferred administration of the scheme from an old legacy IT payment system to its core business IT platform which is already managing many of the Department’s other scheme payments.
Any customer who has an urgent financial need as a result of a delay in their payment can apply to the Department's Community Welfare Service to receive an interim payment through the supplementary welfare allowance scheme. Customers in these circumstances are advised to make contact with the Community Welfare Service through their local Intreo Centre.
Where issues arise with illness benefit claims, these customers are paid the correct amount for the period of their illness once their claim is resolved.
For those supported by family members during a period of delay with an illness benefit entitlement, the claimant should be in a position to reimburse any family members who provided financial assistance once they receive their full entitlement.
Payment of supplementary welfare allowance would not be appropriate in the circumstances outlined in the Question. The scheme provides assistance to eligible people whose means are insufficient to meet their needs and those of their dependants. It is not intended to provide compensation.
I trust that this clarifies the position.
565. Deputy Denis Naughten asked the Minister for Employment Affairs and Social Protection if a person who is a PAYE worker and also self-employed is made redundant is eligible to apply for jobseeker's benefit; and if she will make a statement on the matter. [10755/19]
View answerThe main social welfare schemes for people who are unemployed are the jobseeker’s benefit (JB) and jobseekers allowance (JA) schemes which provide income support for people who have lost work and are unable to find alternative full-time employment. Both of these schemes allow a person to work up to 3 days a week but they must be fully unemployed for 4 days in 7 consecutive days. The 2019 Estimates for my Department provide for expenditure this year on the jobseeker’s schemes of €1.95 billion.
Jobseeker’s benefit (JB) is a contingency based social welfare payment typically for employees who have suffered a substantial loss of employment and have sufficient social insurance contributions to qualify. The PRSI contribution classes that count towards qualifying for JB are PRSI Class A, H and P. Individuals who are self-employed cannot typically access JB as PRSI Class S contributions do not qualify a person for JB. The contribution conditionality for JB requires a jobseeker to have at least 104 weeks qualifying PRSI contributions paid since they first started work and 39 weeks qualifying PRSI contributions paid or credited in the relevant tax year or, 26 weeks qualifying PRSI paid in the relevant tax year and 26 weeks qualifying PRSI paid in the tax year immediately before the relevant tax year. The relevant tax year is the second last complete tax year before the year in which the JB claim is made. So, for claims made in 2019, the relevant tax year is 2017.
However, a self-employed person who has sufficient social insurance contributions as a PAYE employee could qualify for JB if they are engaged in self- employment for 3 days a week only, if they give up their self-employment or if their self-employment is considered to be subsidiary employment. To be considered as subsidiary employment the relevant employment should be in addition to the jobseeker’s usual employment. Also, either the amount of earnings or profit from the occupation cannot exceed €144 per week (€7,500 over 12 months), or the jobseeker must have a minimum of 117 PRSI contributions, paid immediately preceding the date of the claim or in respect of the last 3 complete contribution years. However, the individual must still satisfy all conditions of the JB scheme, including being available for and genuinely seeking full-time employment.
If the jobseeker does not meet the qualifying contributions for JB they may be eligible for means tested JA or if engaged in farming they may qualify for means tested farm assist.
The new scheme for the self-employed, which I announced as part of the 2019 Budget measures, will extend a PRSI insurance based benefit to the self-employed who pay class S contributions and who lose employment. This measure which will be introduced later this year builds on other significant improvements for the self-employed in recent years such as access to invalidity pension and treatment benefits. This measure is part of the Government’s stated aim of creating a supportive environment for entrepreneurship, including providing an income safety net to employees and the self-employed alike.
I trust this clarifies the matter for the Deputy.
566. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the estimated value of unclaimed private pension funds in existence; and if she will make a statement on the matter. [10795/19]
View answerMy Department does not collect data on the value of unclaimed private pension funds nor does it have any way of estimating the value of such funds.
Neither the Department nor the Pensions Authority have powers under legislation to require the disclosure of such information from pension providers.
I hope that this clarifies matters for the Deputy.
567. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the estimated value of unclaimed life assurance funds in existence; and if she will make a statement on the matter. [10796/19]
View answerThe issue raised by the Deputy is not relevant to my Department. It would be proper for the Deputy to raise this issue with my colleague, the Minister for Rural and Community Development.
568. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection the average waiting time for partial capacity benefit claims to be decided; if steps can be taken to improve the decision time in view of the reportedly long 12-week backlog; and if she will make a statement on the matter. [10830/19]
View answerPartial Capacity Benefit is a voluntary social welfare scheme which allows people to return to work or self-employment (if they have reduced capacity to work) and continue to receive a payment from the Department of Employment Affairs and Social Protection.
If the person has been getting Illness Benefit (for a minimum of six months) or Invalidity Pension and wishes to return to work, they may qualify for Partial Capacity Benefit if their capacity for work is restricted due to a medical condition.
People qualify for Partial Capacity Benefit if their restriction on capacity for work is assessed as moderate, severe, or profound.
The current average time for eligibility to be decided is 12 weeks which includes a medical assessment on the person's restriction on capacity for work. My Department continues to review the length of time taken to process all its schemes with a view to reducing PCB processing times.
I trust this clarifies the matter for the Deputy.
569. Deputy James Browne asked the Minister for Employment Affairs and Social Protection the position regarding an application for an invalidity pension by a person (details supplied); and if she will make a statement on the matter. [10897/19]
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 this gentleman on 20 February 2019.
The claim 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.
