Written Answers Nos. 474-487
474. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when a person (details supplied) in County Donegal will receive payment and be issued with arrears in respect of carer's allowance; and if she will make a statement on the matter. [20449/19]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An increased payment can be made where full-time care is being provided to two people.
Two applications for CA were received from the person concerned on 20 September 2018 in respect of two care recipients.
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 has been decided that this condition has not been satisfied. It has also been decided that although the person concerned is providing a certain amount of care, the level provided is not considered to be full-time.
The person concerned was notified on 6 July 2018 of this decision, the reasons for it and of his right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of his application. Following this review the decision remained unchanged. The person concerned was notified on 13 September 2018 of this decision, the reason for it and of his right of review and appeal.
My department was notified that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). A submission in support of the decision was forwarded to the SWAO on 18 January 2019.
As a result of an appeals officer’s decision CA was awarded to the person concerned on 8 May 2019 with effect from 21 September 2018 in respect of both care recipients.
The first payment will issue to his nominated bank account on 16 May 2019.
Arrears for the period 21 September 2018 to 15 May 2019 will issue shortly.
The person concerned was notified on 8 May 2019 of this appeal decision, the reason for it and of his right of review and appeal.
I hope this clarifies the matter for the Deputy.
475. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection her plans to change the rules with regard to the payment of child benefit to separated parents by which both parents can claim an equal portion of child benefit (details supplied); and if she will make a statement on the matter. [20478/19]
View answerChild Benefit is a universal monthly payment made to families with children in respect of all qualified children up to the age of 16 years (and up to their 18th birthday if the child is in full-time education, or has a disability). Currently, Child Benefit is paid to 630,573 families in respect of over 1.2 million children, with an expenditure of over some €2 billion in 2018.
The needs of the children are the priority consideration in the payment of Child Benefit. Under Section 220 of the Social Welfare Consolidation Act, 2005, Child Benefit is payable to the person with whom a qualified child normally resides. Regulations governing normal residence for Child Benefit purposes are contained in S.I. 142/2007 (Article 159) and they provide inter alia for the following:
1. In the event that a qualified child is resident with both mother and father, he or she will be regarded as normally residing with the mother (or step-mother);
2. If mother and father are resident in separate households, the qualified child shall be regarded as normally residing with the person with whom he or she resides for the majority of the time.
The rules of the scheme do not preclude payment to the father, and if a child is living the majority of the time the father only, then Child Benefit will be payable to the father. Legislation was first introduced in 1974 to provide for payment to the mother. This was seen as a progressive step at the time. Nonetheless, I am aware of the need to keep this approach under review in the light of significant social changes and changing family formation. The Department regularly reviews all of its schemes, including Child Benefit, in order to ensure that they are still delivering on their policy aims and objectives.
476. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection the reason a weekly reduction is being taken from a weekly social welfare payment in the case of a person (details supplied). [20482/19]
View answerThe weekly deduction referred to relates to repayment of a debt.
The customer concerned incurred a debt of over €21,000 and has been making repayments since 2004.
The current balance of the debt is over €12,000 and is being recovered through a weekly deduction of €20 from the person’s jobseeker payment.
If the person concerned is experiencing financial hardship, he can seek a review of the amount deducted by contacting his local Intreo Centre.
I trust that this clarifies the matter for the Deputy.
477. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [20484/19]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An application for CA was received from the person concerned on 4 December 2018.
It is a condition for receipt of CA that the person being cared for must require full-time care and attention and it is a further condition that the person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that either of these conditions was satisfied.
The person concerned was notified on 28 February 2019 of this decision, the reason for it and of her right of review and appeal.
The department were notified on 13 March 2019 that the person concerned requested a review of this decision and submitted additional evidence in support of her application.
Following this review carer's allowance was awarded to the person concerned on 8 May 2019 with effect from 9 May 2019. The first payment will issue to her nominated bank account on 16 May 2019.
Arrears of allowance due from 9 May 2019 to 15 May 2019 will also issue.
I hope this clarifies the matter for the Deputy.
478. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a matter will be addressed regarding a person (details supplied); and if she will make a statement on the matter. [20490/19]
View answerFirstly may I take this opportunity to extend my condolences to the person concerned and her family on their recent bereavement.
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.
Where a care recipient dies, there is a continued payment of CA for 12 weeks after the death.
The carer's support grant (CSG) formerly known as the respite care grant is an annual payment made to full-time carers who satisfy certain conditions. The Grant is payable automatically to Carers who are in receipt of CA, Carers Benefit or Domiciliary Care Allowance.
CSG is a statutory scheme governed by legislation and regulations. To qualify for payment, a person must satisfy the conditions as a carer on the date on which CSG shall become payable. Regulations provide that the grant shall be payable on the first Thursday of each year which is 6 June this year.
As the person concerned's CA, in respect of her father-in-law, stops on 5 June 2019, unfortunately she does not qualify for the 2019 CSG for him.
However, as the person concerned continues to provide full-time care and attention to her mother-in-law, she will receive the 2019 CSG in respect of this care recipient. This payment will issue to her nominated bank account on 5 June 2019.
I hope this clarifies the situation for you at present.
479. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection when a decision will be made on an invalidity pension application by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [20502/19]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on 9th May 2019 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
480. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the position regarding the State pension (contributory) payment a person (details supplied) is entitled to; the way in which it is calculated; the status of the appeal by the person; and if she will make a statement on the matter. [20504/19]
View answerSince 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.
A request for information about time spent out of the workforce for parenting or caring reasons was sent to the person concerned on 17 January 2019. This letter allowed four weeks to return the additional information, if there was any, and provided a dedicated helpline to support and assist the person making their online application, or to request a paper application.
As the person concerned did not make contact with my Department, on the 9 April 2019 a deciding officer carried out a review based on the information already held by the Department. The person concerned has 1,626 reckonable paid contributions, 24 HomeCaring periods and 238 reckonable credits. This results in a combined total of 1,888, which when divided by 2,080 (equivalent to 40 years), leads to an increase in rate to 90.77% of maximum rate of pension. A review outcome letter was sent to the person concerned outlining their increase in rate and included a copy of their social insurance record used to calculate their rate. Arrears of payment backdated to 30 March 2018 have issued.
There is no record of an appeal received from the person concerned to date.
I hope this clarifies the matter for the Deputy.
481. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection the waiting times for all social welfare payments as of 3 May 2019, in tabular form; and if she will make a statement on the matter. [20526/19]
View answerThe information requested by the Deputy is detailed in the attached tabular statement.
|
Scheme |
Average Number of Weeks to Award (March 2019 unless otherwise stated) |
|
State Pension (Contributory) |
6 |
|
Widow(er)'s Contributory Pension (Jan 2019) |
2 |
|
State Pension (Non-Contributory) (Feb 2019) |
10 |
|
Jobseekers Allowance |
1 |
|
Jobseekers Benefit |
1 |
|
One-Parent Family Payment |
4 |
|
Supplementary Welfare Allowance |
1 |
|
Maternity Benefit |
6 |
|
Paternity Benefit |
6 |
|
Carer's Allowance |
13 |
|
Carer's Benefit |
12 |
|
Disability Allowance |
13 |
|
Invalidity Pension |
5 |
|
Illness Benefit |
1 |
|
Occupational Injury Benefit |
1 |
|
Child Benefit |
3 |
|
Working Family Payment |
7 |
|
Domiciliary Care Allowance |
9 |
|
Household Benefits |
1 |
|
Free Travel |
2 |
482. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a matter regarding community employment supervisors will be investigated (details supplied); and if she will make a statement on the matter. [20651/19]
View answerFirstly, I am delighted to note that the industrial action due to take place this week has been suspended following recent discussions I and officials held with Forsa and SIPTU. The very many services provided by CE supervisors, assistant supervisors and every participant in community employment schemes in rural and urban areas are extremely valuable to every town and village in the country. All of these schemes are well embedded in community areas nationally and they are engaged in significant levels of service support and delivery.
Engagement will now commence between the Department of Employment Affairs and Social Protection and the unions over the next number of months provides an opportunity to address issues of concern to CE Supervisors.
Specifically, with regard to the matter of enhanced redundancy raised by the Deputy, my Department continues to honour the agreement between FÁS and the relevant trade unions which allows for the payment of enhanced redundancy where a CE supervisor’s redundancy situation arose due to a decision to reduce overall CE scheme numbers. It does not apply where the employer is the instigator of the redundancy or, for example, where the Sponsor no longer wants to run the CE scheme or in the case of closure due to Company Registration Office strike-off, or where the sponsor organisation does not comply with the terms of their contract (e.g. maintain participant numbers) and it is necessary for the Department to discontinue funding for the scheme supervisor position.
483. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the estimated amount that would be generated if the higher rate of 10.75% PRSI was increased to 15% on the portion in which persons are earning in excess of €100,000. [20688/19]
View answerThe information requested by the Deputy is currently being compiled in the Department and will be provided to the Deputy as soon as it becomes available.
484. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance review for a person (details supplied); and if she will make a statement on the matter. [20693/19]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An increased payment can be made where full-time care is being provided to two people.
The person concerned is in receipt of CA for one care recipient since 8 June 2017.
My department received an application for CA for a second care recipient on the 11 July 2018.
The application was referred to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.
It is a condition for receipt of CA that every claimant shall furnish such certificates, documents, information and evidence as may be required for the purposes of deciding their claim.
The person concerned did not provide documents that were requested by the SWI in relation to her means. Therefore her application for CA was disallowed.
The person concerned was notified on 3 April 2019 of this decision, the reasons for it and of her right of review and appeal. The person concerned has requested a review of this decision.
The review is currently being processed and the further information received has been referred back to the SWI and once the SWI has reported, a decision will be made and the person concerned will be notified directly of the outcome
I hope this clarifies the matter for the Deputy.
485. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection her plans to update the Social Welfare Consolidation Act 2005; and if she will make a statement on the matter. [20805/19]
View answerSince its enactment in 2005, the Social Welfare Consolidation Act has been extensively amended by subsequent Social Welfare Acts, as well a number of other non-Social Welfare Acts and Orders. In order to make Social Welfare Legislation more accessible, my Department has published an administrative consolidation of Social Welfare Consolidation Act 2005 on www.welfare.ie.
In order to make Social Welfare Legislation more accessible, my Department has recently commenced working collaboratively with the Law Reform Commission for the purpose of preparing and publishing a Revised Version of the Social Welfare Consolidation Act 2005. This will incorporate all amendments to the SWCA 2005 which have been made in 26 Social Welfare Amendment Acts and 14 other Acts of the Oireachtas. The Revised Act will also include editorial details of the several hundred Statutory Instruments made under the SWCA 2005, or made under earlier legislation but continued in force by Section 362(2) of SWCA 2005. It is envisaged that this work will take at least 12 months to complete.
When this work is completed will be very beneficial and will ensure that the body of Social Welfare law will be more accessible and can be kept up-to-date into the future.
486. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if an application for disability allowance and-or disability benefit was received from a person (details supplied) in March 2019; if so, when the application will be processed; when a decision will be made on the application; and if she will make a statement on the matter. [20873/19]
View answerI confirm that my Department received an application for disability allowance (DA) from this lady on 12 March 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.
The person concerned is currently in receipt of illness benefit (IB). She was previously in receipt of basic supplementary welfare allowance (SWA) but this payment ceased as her IB claim was awarded.
The person concerned has been paid fully up to date and she is medically certified as unfit for work until the 18th May 2019.
I trust this clarifies the matter for the Deputy.
487. Deputy James Browne asked the Minister for Employment Affairs and Social Protection if priority consideration will be given to a person (details supplied); and if she will make a statement on the matter. [20900/19]
View answerThe person concerned has been awarded a widow's contributory pension at the weekly rate of €208.50 with effect from the 29th March 2019. In addition, the person was awarded fuel allowance of €22.50. This is a means tested seasonal payment which operates from October to April, to assist people with their winter heating costs.
Payment of pension, including arrears from 29 March 2019, will be lodged directly into the person's nominated account in a financial institution on 17 May 2019.
I trust this clarifies the matter for the Deputy.
