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Tuesday, 2 Apr 2019

Written Answers Nos. 557-575

State Pension (Non-Contributory) Appeals

Questions (557)

Bernard Durkan

Question:

557. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason for the extraordinary investigative process applied in the case of a person (details supplied); if a full evaluation of their case can be undertaken as a matter or urgency with a view to clarification; and if she will make a statement on the matter. [15189/19]

View answer

Written answers

The person concerned was in receipt of a survivor’s (non-contributory) pension claim which was stopped in August 2017 after she signed a declaration during a Social Welfare Inspector’s visit stating she was cohabitating.  Subsequently she advised the Deputy that she signed it under duress and took an appeal against the decision.  The appeal was not successful.

A review of her appeal was undertaken on foot of a Parliamentary Question raised on behalf of the person concerned and her basic supplementary welfare payment was reinstated during the period of review.  The Chief Appeals Officer was satisfied that there was no error in law or facts in the decision and therefore, the Appeals Officer’s decision of 29/3/2018 stands.  This review was completed on 27/7/2018 and the Deputy was notified of this outcome on the same date. 

The Appeals Office confirmed that the file was sent back to Pensions Section in September 2018 but the designated  Community Welfare Officer (CWO) was not informed of the decision.  The customer informed the CWO that she had not heard anything from the Appeals Office or Pensions Section.  I am advised by my Department that correspondence from the Social Welfare Appeals Office (SWAO)  issued only to the Deputy and not to the claimant.  The basic supplementary welfare payment continued to issue to the person concerned in error, given that the review was completed on the 27/7/2018.  A letter was sent to the person concerned from the designated officer on 15/2/2019 advising that her final payment would be available on 28/2/2019.

I trust this clarifies the matter for the Deputy.

Disability Allowance Payments

Questions (558)

Brendan Griffin

Question:

558. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a disability payment will be reinstated for a person (details supplied); and if she will make a statement on the matter. [15191/19]

View answer

Written answers

Arrears of disability allowance (DA) due to this gentleman have issued by his chosen payment method. He will receive them along with his weekly payment on  3 April 2019.

I trust this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Questions (559)

Bernard Durkan

Question:

559. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which consideration has been given to awarding a State pension to those currently disallowed on the basis of insufficient contributions; if they can be accommodated by retrospective purchase of contributions in view of the need to ensure natural justice to such persons and their obvious entitlement to a pro rata payment in line with the extent of their contributions; the estimated cost of a refund of contributions to all those affected in such circumstances; and if she will make a statement on the matter. [15192/19]

View answer

Written answers

A person is required to have 520 contributions paid to qualify for the State Pension (contributory) or to to be eligible to make voluntary contributions to maintain their social insurance record.  It is reasonable to require people who seek a contributory pension to have made at least 10 years' paid contributions into the Social Insurance Fund which finances it, over 50 years of working age life.

For those who do not qualify for the State Pension (contributory) (SPC), there are other state pension payments available.  Notably, they may qualify for the State Pension (non-contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the SPC.  If their spouse has a contributory pension, they may qualify for an increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC pension.

Consequently, if a person doesn’t receive a State pension after pension age, they have both significant means and have made little or no contribution to the Social Insurance Fund.  Introducing a pension entitlement for such people would reduce the resources available for other pensioners, most of whom have less means than they do, and have contributed significantly more to the Social Insurance Fund.

It is important to note that the Social Insurance Fund works on the basis of contributions that may deliver entitlements on the one hand and social solidarity which results in the system being one of redistribution on the other.  While entitlements to Social Insurance payments are built up by individual contributors for use in the event of various contingencies arising during their working years and also after retirement, it is possible that a person may never qualify for any of these (as none of the contingencies may arise in their lifetime).  Accordingly, the matter of refunds of contributions does not arise.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory)

Questions (560)

Tom Neville

Question:

560. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if the rate of old age contributory pension to which a person (details supplied) would be entitled will be reviewed. [15193/19]

View answer

Written answers

Since late September 2018, my Department has been examining the social insurance records of approximately 90,000 pensioners, born on or after 1 September 1946, who have a reduced rate State pension contributory entitlement based on post Budget 2012 rate-bands.  These payments are being reviewed under a new Total Contributions Approach (TCA)  pension calculation which includes provision for HomeCaring periods.

Where possible, my Department will use information already held to assist in these reviews.   Additional information will be requested in writing from pensioners in relation to unexplained gaps in their social insurance record where required to complete their review.  

An examination of the person's social insurance record has found some unexplained gaps in their social insurance record.  A request for information about time spend out of the workforce for parenting or caring reasons has been sent to the person concerned.  Included in the letter are details of how to return the required information using the Department’s online services.  This is the quickest and easiest way to provide the information required to complete the person's review.  The letter also provides a dedicated telephone number for assistance submitting the online application, or to request a paper form if the person has difficulties submitting their application online.

On receipt of the requested information, the person’s state pension (contributory) pension rate will be reviewed and they will be informed of the outcome in writing.  If an increase is due, it will be backdated to 31 January 2019.  If no increase is due following the review, the person will continue to receive their existing rate of pension.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Applications

Questions (561)

Tom Neville

Question:

561. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance application by a person (details supplied). [15241/19]

View answer

Written answers

An application for domiciliary care allowance (DCA) was received in respect of this child on the 31st January 2019.  The application was not allowed as it was considered that the child did not meet the eligibility criteria for the allowance.  A letter issued on the 27th March 2019 outlining the decision in this case.

 In the case of an application which is refused, the applicant may submit additional information and ask to have the decision reviewed, and/or they may appeal the decision directly to the Social Welfare Appeals Office.  The options available have been advised in the decision letter.

 I hope this clarifies the matter for the Deputy.  

Domiciliary Care Allowance

Questions (562)

Clare Daly

Question:

562. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if a review of the domiciliary care allowance has been conducted; and if age thresholds will be revised. [15250/19]

View answer

Written answers

A scheme review of domiciliary care allowance (DCA) published in 2013 recommended that the age limit for DCA be increased from 16 to 18 years with disability allowance commencing from age 18 instead of 16 , as is currently the case.  

In addition, following a commitment made in the Comprehensive Employment Strategy for people with disabilities 2015 -2024, the “Make Work Pay for People with Disabilities” (MWP) report was published in April 2017.  This report was produced in order to better identify how people with disabilities could be supported to achieve their employment ambitions and made two recommendations, (numbers 9 and 10), that addressed issues around the design of the main income supports schemes. 

These related to (a) reconfiguration of the starting age of Disability Allowance (DA) from the current age of 16 to 18 years and (b) implementing the principle of early engagement for young persons on DA and on all illness and disability payments.

To fulfill a commitment of the report, a public consultation was conducted with persons with disabilities, families and sectoral representatives in relation to these recommendations.  Outcomes from the consultation process, including stakeholder submissions, four regional consultation events (held in Dublin, Cork, Sligo, and Limerick), and online questionnaires were compiled. These outcomes were further considered by a key stakeholder focus group (this group comprises of persons with experience of disability issues and has helped the Department with the design of the national consultation process).

A report has now been drafted and next steps are currently under consideration prior to a decision being made on its publication.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory)

Questions (563)

Fiona O'Loughlin

Question:

563. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection when she expects paper forms to be available for use by those in receipt of reduced contributory pensions post 2012 that have been unable to complete the online review; and if she will make a statement on the matter. [15254/19]

View answer

Written answers

Since late September 2018, my Department has been examining the social insurance records of approximately 90,000 pensioners, born on or after 1 September 1946, who have a reduced rate State pension contributory entitlement based on post-Budget 2012 rate-bands.  These payments are being reviewed under a new Total Contributions Approach (TCA) to pension calculation which includes provision for homecaring periods.

  Wherever possible reviews will be processed using information already held by my Department.  In some cases additional information is being requested to ensure people receives the best rate possible.  Approximately 25,000 requests for information have issued to date.  It is important that prompt responses are received to those requests so that the reviews can be completed as quickly as possible. Paper forms are provided by the Department where a person cannot complete an online application.

Reviews commenced from 13 February 2019, the day after I signed the necessary regulations which together with provisions in the Social Welfare, Pensions and Civil Registrations Act 2018, allows the increased payments to be made.  The most recently available figures show that as at week ending 28 March 2019, 11,646 reviews have been completed. 

  It will take a number of months to complete all the reviews due to the number involved and the individual nature of social insurance records.  Over 100 temporary staff have been recruited to help with this work.  Outcomes will issue to all pensioners in writing when their review is complete. 

  Regardless of when a review is conducted, where an increase in payment is due, the person's rate of payment will be adjusted without delay and arrears issued backdated to 30 March 2018, or the pensioner’s 66th birthday if later.  Where a person's rate does not increase following a review, the person will continue to receive their existing rate of payment.  

  Given the scale (90,000 pensioners) involved, the fact that each case requires close individual examination and that some cases are more complex than others, it would not be reasonable to expect all to be processed immediately. While this work will take a number of months to complete, it will continue until all pensioners have been notified of the outcome of their review in writing.

   Where possible, reviews will be processed based on information already held by the Department. For the majority of pensioners the next letter they receive from the Department (after the first letter) will be a review outcome letter. Where additional information is required to complete the review, a written request is being sent to the pensioner directly. Almost 24,000 requests for information issued in January and another 11,000 will be issuing to customers in the coming weeks. I would urge anyone who has yet to provide additional requested information to the Department to do so as soon as possible so that their review can be processed.

  I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Waiting Times

Questions (564)

Fiona O'Loughlin

Question:

564. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the average time required to process means tested applications for various social welfare entitlements; and if she will make a statement on the matter. [15255/19]

View answer

Written answers

The figures requested by the Deputy, where available, are detailed in tabular form. The figures supplied refer to February 2019.

 Scheme

Average Weeks to Award 

 State Pension (Contributory)

 6

 State Pension (Non-Contributory)

 10

 Jobseekers Allowance

 2

 Jobseekers Benefit

 1

 One-Parent Family Payment

 3

 Basic Supplementary Welfare Allowance

 1

 Maternity Benefit

 6

 Paternity Benefit

 6

 Carer's Allowance

 15

 Carer's Benefit

 12

 Disability Allowance

 14

 Invalidity Pension

 7

 Child Benefit

 Working Family Payment

 7

 Domiciliary Care Allowance

 10

 Household Benefits

 1

 Free Travel

 2

 While the average waiting times are unavailable for Illness Benefit and Occupational Injury Benefit, 84% and 75% of claims respectively were awarded within one week.

Working Family Payment Applications

Questions (565)

Seán Sherlock

Question:

565. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection the position regarding a working family payment for a person (details supplied) in County Kildare. [15263/19]

View answer

Written answers

Working Family Payment (WFP) is an in-work weekly payment which provides additional financial support to employees on low earnings with children.

An application for WFP was received from the person concerned on 23 August 2018.

Their application was referred to a local Social Welfare Inspector (SWI) for further clarification. The SWI has confirmed that the completed report will be returned very shortly.

On receipt of the completed SWI report, their WFP application will be processed without delay and the person concerned will be notified of the outcome. 

I trust this clarifies the matter for the Deputy. 

Social Welfare Benefits Eligibility

Questions (566)

Peter Burke

Question:

566. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection if she will consider extending associated social welfare benefits such as the fuel allowance and so on to those in receipt of partial capacity benefit; and if she will make a statement on the matter. [15273/19]

View answer

Written answers

Fuel allowance is a means-tested payment to assist householders on long-term social welfare payments towards the cost of their heating needs: one allowance is payable per household.  The main eligibility conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, must satisfy a means test and must either be living alone or with other qualifying persons.

Currently, Partial Capacity Benefit (PCB) it is not a qualifying payment for fuel allowance and therefore no fuel allowance is payable if a person is in receipt of PCB. 

A review of the PCB scheme has been undertaken (a copy of the review is available on the department’s website at: http://www.welfare.ie/en/downloads/A%20Review%20of%20Partial%20Capacity%20Benefit.pdf) and one of the medium term recommendations of the review was that PCB recipients retain entitlement to apply for fuel allowance subject to the standard means test qualifying conditions.

Any consideration with regards to expanding the fuel allowance scheme or other associated social welfare benefits would need to be considered in the overall budgetary process.

Equality Legislation

Questions (567)

John Brady

Question:

567. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the status of the implementation of the Gender Recognition Act 2015 review; when legislation will be published based on the recommendations; and if she will make a statement on the matter. [15295/19]

View answer

Written answers

Officials from my Department are considering the recommendations of the report of the Review Group, and how they can best be progressed, in conjunction with other relevant Government Departments and consultation with the Attorney General.

I understand that this work will be completed shortly. I will then lay my own report on the review before the Houses of the Oireachtas, as provided for under section 7 of the Act, which will include proposals in relation to the Review Group's recommendations.

Departmental Schemes

Questions (568)

John Brady

Question:

568. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the status of the review of the pilot scheme of the social welfare scheme for artists; when the review findings will be published; and if she will make a statement on the matter. [15296/19]

View answer

Written answers

The pilot initiative to assist self-employed visual artists and writers who apply to my Department for jobseekers allowance was launched in June 2017.  The initiative, which is a commitment under the Creative Ireland Programme, is a collaboration between the Department of Employment Affairs and Social Protection and what is now the Department of Culture, Heritage and the Gaeltacht (DCHG), with the support and advice of the Arts Council. The Pilot acknowledges the status of self-employed professional artists and writers who are in receipt of a jobseeker's allowance and gives them a 12 month window to focus on building up their work before they are subject to labour market activation provided by my Department. Applicants must satisfy all of the other qualifying conditions of the pilot initiative including a means test.

A commitment was given to review the scheme which my Department is currently undertaking.  I expect this review to be completed shortly and its findings will inform any further decisions on the future of this pilot.

I trust this clarifies the matter.

Carer's Support Grant

Questions (569)

John Brady

Question:

569. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of carers who received the carer's support grant automatically in 2018; the number of applications received for the grant; and the number of grants approved and rejected, respectively, in tabular form. [15321/19]

View answer

Written answers

The Carer’s Support Grant is an annual payment made by my Department to full-time carers. The due date of the grant is the 1st Thursday in June. Over 90% of all grants are paid automatically on this date to persons in receipt of Carer’s Allowance, Carer’s Benefit or Domiciliary Care Allowance. A small number of persons in receipt of Constant Attendance Allowance (108 in 2018) also receive payment of the grant. In addition, over 5,600 carers received payment of the ‘standalone’ grant in 2018.

Table 1 shows details of all grants paid in 2018. A total of 476 claims were refused/withdrawn in 2018.

I trust this clarifies the matter for the Deputy.

Table 1: Carer’s Support Grants paid in 2018

Month

Grants paid automatically

‘Standalone’ Grants paid

Total Grants

January

315

222

537

February

472

194

666

March

341

117

458

April

194

113

307

May

169

36

205

June

104,736

3,464

108,200

July

2,108

516

2,624

August

1,770

260

2,030

September

1,158

197

1,355

October

1,529

218

1,747

November

825

184

1,009

December

694

144

838

Total

114,311

5,665

119,975

Civil Registration Service

Questions (570)

Seán Fleming

Question:

570. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection the number of court prosecutions initiated by the Office of an tArd-Chláraitheoir (Civil Registration Act 2004) in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15342/19]

View answer

Written answers

There were no prosecutions initiated by the Office of an tArd-Chlaralitheoir for the years in question.

I hope this clarifies the matter for the Deputy.

Departmental Communications

Questions (571, 572)

Micheál Martin

Question:

571. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection if her Department has undertaken procurement processes in relation to consultancy agencies, media or otherwise to assist it with formulating or contributing to policy messaging on social media or videos on behalf of her departmental strategies or policies; and if she will make a statement on the matter. [15388/19]

View answer

Micheál Martin

Question:

572. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection the way in which her departmental officials have been contributing to, and taking part in, Government of Ireland social media messages; the way in which they are co-ordinated in each of the policy areas of her Department; the Department that is the lead Department in relation to same; and if she will make a statement on the matter. [15405/19]

View answer

Written answers

I propose to take Questions Nos. 571 and 572 together.

My Department administers over 70 separate schemes and services, which affect the lives of almost every person in the State.

In this context, I am fully committed to ensuring that members of the general public are fully aware of the welfare supports and services that are available, as well as ensuring that key changes are communicated to them.

Public information campaigns are therefore an important part of the Department’s work. These campaigns are developed and targeted carefully, using the best mix of media formats, including social media platforms, to ensure that the Department’s messages reach members of the public effectively while offering value for money.

My Department issues these communications through its Press Office and, where appropriate, also arranges to have them streamed through the Government of Ireland merrionst.ie platform, an example of which was the recent video on the welfare increases from Budget 2019 which commenced last month.

The Department also shares and cross promotes other Department messaging on an ongoing basis to ensure important public information reaches as wide an audience as possible. My Department has not procured any specialist agency to assist in the formulation or contribution to policy messaging on social media.

Where required, the Department engages professional videographers to record, and edit video clips and engages a creative agency when producing social and digital media content as part of the Department’s own public information campaigns.

State Pensions Reform

Questions (573)

Éamon Ó Cuív

Question:

573. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the number of cases that have been reviewed under the new total contributions approach method for assessing pensioners that became eligible for the State pension after September 2012; the number of such cases in which the payment has increased; and if she will make a statement on the matter. [15431/19]

View answer

Written answers

Since late September 2018, my Department has been examining the social insurance records of approximately 90,000 pensioners, born on or after 1 September 1946, who have a reduced rate State pension contributory entitlement based on post Budget 2012 rate-bands.  These payments are being reviewed under a new Total Contributions Approach (TCA) to pension calculation which includes provision for homecaring periods.

Wherever possible reviews will be processed using information already held by my Department.  In some cases additional information is being requested to ensure people receives the best rate possible.  Approximately 25,000 requests for information have issued to date.  It is important that prompt responses are received to those requests so that the reviews can be completed as quickly as possible.

Reviews commenced from 13 February 2019, the day after I signed the necessary regulations which together with provisions in the Social Welfare, Pensions and Civil Registrations Act 2018, allows the increased payments to be made.  The most recently available figures show that as at week ending 28 March 2019, 11,646 reviews have been completed.  Of these, 8,827 have resulted in an increase in their payment. 

It will take a number of months to complete all the reviews due to the number involved and the individual nature of social insurance records.  Over 100 temporary staff have been recruited to help with this work.  Outcomes will issue to all pensioners in writing when their review is complete. 

Regardless of when a review is conducted, where an increase in payment is due, the person's rate of payment will be adjusted without delay and arrears issued backdated to 30 March 2018, or the pensioner’s 66th birthday if later.  Where a person's rate does not increase following a review, the person will continue to receive their existing rate of payment.  

Given the scale (90,000 pensioners) involved, the fact that each case requires close individual examination and that some cases are more complex than others, it would not be reasonable to expect all to be processed immediately. While this work will take a number of months to complete, it will continue until all pensioners have been notified of the outcome of their review in writing.

Where possible, reviews will be processed based on information already held by the Department. For the majority of pensioners the next letter they receive from the Department (after the first letter) will be a review outcome letter. Where additional information is required to complete the review, a written request is being sent to the pensioner directly. Almost 24,000 requests for information issued in January and another 11,000 will be issuing to customers in the coming weeks. I would urge anyone who has yet to provide additional requested information to the Department to do so as soon as possible so that their review can be processed.

  I hope this clarifies the matter for the Deputy.

Illness Benefit Payments

Questions (574)

Bernard Durkan

Question:

574. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the correct level of illness benefit payable in the case of a person (details supplied); and if she will make a statement on the matter. [15459/19]

View answer

Written answers

The person concerned is currently in receipt of Illness Benefit at a rate of €249 per week. This includes her personal rate of payment of €159 plus increases in respect of her three children (two at the €34.00 rate and one at the €37.00 rate) of €105, less an amount of €15.00 arising from an overpayment on another social welfare scheme.  

She is currently paid up to date and she is medically certified as unfit for work until the 19th April 2019.

 I trust this clarifies the matter for the Deputy.

Irish Language

Questions (575)

Dara Calleary

Question:

575. Deputy Dara Calleary asked the Minister for Employment Affairs and Social Protection if her Department has an operating language scheme in accordance with the Official Languages Act 2003; and the date when such a scheme was introduced. [15490/19]

View answer

Written answers

My Department's Language Scheme 2019 - 2022, prepared as required under the Official Languages Act 2003, has been confirmed by the Minister for Culture, Heritage and the Gaeltacht.  The Scheme took effect from 26 February 2019 and shall remain in force for a period of 3 years from this date or until a new Scheme has been confirmed by the Minister, whichever is the later. 

The Language Scheme is available on my Departments website at the following links:

Gaeilge: http://www.welfare.ie/ga/Pages/OLA-Scheme-2015-2018.aspx

English: http://www.welfare.ie/en/Pages/OLA-Scheme-2015-2018.aspx  

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