Written Answers Nos. 1051-1070
1051. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection when the Social Welfare, Pensions and Civil Registration Bill 2017 will be progressed; if enabling the use of public service cards as identification for the purposes of persons opening current accounts and obtaining other services from banks or credit unions has been examined; and if she will make a statement on the matter. [44640/19]
View answerSocial welfare legislation provides that a person can only use their PSC for the purposes of a transaction with a body which has been specified in Schedule 5 of the Social Welfare Consolidation Act 2005 (as amended). It also provides that only a specified body may request a person's PSC for the purpose of transacting with that body.
Credit unions or other financial institutions are not currently specified bodies for the purposes of the PSC, so it is not possible for a person to offer their PSC as proof of identity for this purpose.
One of the provisions set out in Section 5 of the Social Welfare, Pensions, and Civil Registration Bill 2017 would, if enacted, enable citizens to volunteer their PSC where they wish to use it as a form of proof of identity and/or age. A non-specified body could not, however, request or demand the production of a PSC. The provision in the Bill simply gives individuals the option to use their PSC if they wish, as proof of identity and/or age, in transactions with non-specified bodies.
The 2017 Bill proposes a number of amendments to the Social Welfare Acts, the Pensions Act 1990 and the Civil Registration Act 2004, in addition to the provisions relating to PSC use. The amendments to the Pensions Act contain a number of key measures relating to Defined Benefit pension schemes which are very technical and involve complex policy issues. In order to achieve a resilient solution, it has been necessary to consult in detail with other Government Departments and obtain numerous legal advices from the Office of the Attorney General on various aspects of the provisions. When these matters have been resolved and amendments approved by Government, an early date for Committee Stage will be requested.
I hope this clarifies the matter for the Deputy.
1052. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the number of offences recorded and-or investigated regarding breaches of Schedule 5 of the Social Welfare Consolidation Act 2005 regarding unspecified bodies requesting a person to produce a public services card since its introduction; the number of complaints by persons to her regarding same since the card has been introduced; if she will provide a schedule of the offending bodies and or organisations that breached Schedule 5 of the Act; and if she will make a statement on the matter. [44657/19]
View answerThe Public Services Card (PSC) can only be requested by a body specified in Schedule 5 of the Social Welfare Consolidation Act 2005, as amended, and only where that specified body has a transaction with the person concerned.
Specified bodies are, in all cases, required to process and store data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, as amended.
Where my Department is made aware of any requests being made by a non-specified body for a person to produce their PSC, officials from the Department contact the organisation concerned, inform them of the legislative provisions in place in respect of this matter and instruct them to take all necessary steps to comply with social welfare legislation.
I am advised that the Department does not maintain a list of notifications received concerning bodies which have been contacted in relation to questions about PSC use.
I trust this clarifies the matter for the Deputy.
1053. Deputy Tom Neville 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. [44671/19]
View answerAn application for the Household Benefits Package was received from the person concerned on 7 October 2019. The person concerned has been awarded the Household Benefit Package, backdated to the date of award of their Invalidity Pension.
I hope this clarifies the matter for the Deputy.
1054. Deputy John Brady asked the Minister for Employment Affairs and Social Protection if referrals to JobPath will be made in 2020. [44674/19]
View answerJobPath is a contracted public employment service supporting people who are long-term unemployed to secure and sustain full time paid employment. Two companies, Seetec and Turas Nua, are currently contracted by my Department to deliver the service.
The JobPath employment service commenced in 2015 and, under the terms of the contracts signed with the providers, was to run for at least six years comprising two consecutive phases: phase one entailed four years’ of client referrals, while phase two entailed a ‘run off’ period during which time no additional clients were to be referred. Therefore client referrals were originally due to cease on 31 December 2019. The contract includes an option to extend the term of referrals for a period no greater than two years.
My Department has agreed with the JobPath providers to extend phase one of the contracts for a further twelve months until the end of 2020, which will enable referrals to continue throughout next year. This is not a renewal of the JobPath contracts, but the execution of the extension clauses of the existing contracts. This extension is important as it will ensure that the Government retains the necessary labour activation capacity to deal with any labour market uncertainty that arises as a result of Brexit.
In addition, it provides my Department with the opportunity to review all contracted public employment services and to design and introduce a comprehensive model that will incorporate various models of response and be fit for purpose for the Irish labour market from 2021 onwards.
1055. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the status of research being commissioned into the cost of disability as per budget 2019; the timeframe for the report to be completed and published; and if she will make a statement on the matter. [44676/19]
View answerAs part of Budget 2019, I announced my intention to commission research into the cost of disability. This is the first step in reaching an in-depth understanding of this complex issue.
Indecon International Consultants have been commissioned to carry out the research and are expected to submit an interim report shortly. Their work programme to date has included the following elements:-
- An International review of existing research, including approaches to defining ‘cost of disability’ and government responses to costs of disability.
- Indecon have also invited submissions from representative organisations, and have received a number of submissions. By way of follow up to this process, Indecon are proposing to meet organisations that have made submissions.
As part of the "mixed-method" (top-down and bottom-up) approach. The research will include a range of methodologies for example the Standard of Living (SOL) approach using econometric analysis of data from household survey data to estimate a model linking living standards to incomes.
In addition the study will include a direct measurement method using survey based data of the experience of people with disabilities. As part of the stakeholder engagement programme element a survey will be issued to 33,000 recipients of DEASP disability-related payments. This will be followed up by structured interviews with a small sample of persons with a disability or with their families. This very large sample is designed to ensure that the different costs incurred by individuals with a disability are taken into account.
It is expected that this research, when complete by the end of the year, will provide a roadmap to inform policy direction in the future – from a whole-of-Government perspective – in relation to the adequate provision of support to meet the needs of people with disabilities.
I hope this clarifies the position for the Deputy.
1056. Deputy Caoimhghín Ó Caoláin asked the Minister for Employment Affairs and Social Protection the reason full-time carers providing 365 24-7 care in a home setting are in receipt of only a half-rate carer’s allowance if they are in receipt of certain social welfare payments; if consideration has been given to raising this payment to full entitlement; and if she will make a statement on the matter. [44680/19]
View answerThe Government acknowledges the important role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for a Partnership Government and the National Carers’ Strategy.
My Department provides a range of supports to those who are caring for family members, friends or neighbours. These income supports include the Carer’s Allowance, Carer’s Benefit, Carer’s Support Grant and Domiciliary Care Allowance. Spending on these payments in 2019 is expected to exceed €1.2 billion.
At the end of December 2018, there were 35,542 people in receipt of a half-rate Carer’s Allowance. This is an increase of almost 43% since 2013.
There are a number of basic principles which underpin the Irish social insurance system, one of which is the general principle of one person, one payment, which applies across the social welfare system. People qualifying for two social welfare payments receive the higher payment for which they are eligible.
There are a limited number of exceptions in the social insurance system to the general principle of one person, one payment. In 2007 a new half-rate Carer’s Allowance was introduced for certain people with another social welfare entitlement. This had been a particular concern to people in receipt of a social welfare payment when they became carers. The issue was highlighted by the Joint Oireachtas Committee on Social and Family Affairs in its Report on the Positions of Full-time Carers (2003). In order to address these concerns, reforms in this area were provided for in Budget 2007. Under the new arrangements, people in receipt of certain social welfare payments other than Carer’s Allowance or Benefit who are providing full-time care and attention can retain their main payment and receive another payment, depending on their means, the maximum of which is equivalent to a half-rate Carer’s Allowance. Therefore a person who may have an underlying entitlement to another social welfare payment, such as State-Pension (contributory), can transfer to that payment and continue to receive up to a half-rate Carer’s Allowance. These arrangements apply to almost all weekly social welfare payments and to people in receipt of qualified adult allowances. Recipients of Jobseeker’s Allowance or Benefit are not eligible given the job seeking nature of these payments.
To pay full-rate Carer's Allowance along with another social welfare payment, as proposed - would involve significant expenditure and could only be considered in an overall Budgetary context.
I hope this clarifies the position for the Deputy.
1057. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the motion passed by Dáil Éireann on 17 October 2019 condemning the decision not to increase the minimum wage and calling for the introduction of a living wage of €12.30 per hour to be introduced in 2020; her plans to act on this motion; and if she will make a statement on the matter. [44690/19]
View answerI am aware of the Motion the Deputy has referred to. The Deputy will also be aware that the principal function of the Low Pay Commission is, once each year, to examine the national minimum hourly rate of pay and to make a recommendation regarding the rate, ensuring that all decisions are evidence-based, fair and sustainable, and do not create significant adverse consequences for employment or competitiveness.
In developing its recommendation this year, the Low Pay Commission assessed various economic indicators such as changes in earnings, exchange rates, employment, unemployment, productivity, international minimum wage comparisons, the need for job creation and the likely impact of the National Minimum Wage changes on levels of employment, cost of living, and national competitiveness.
Numerous economic commentators, both in Ireland and overseas, have highlighted that any form of Brexit has the potential to impact negatively on the Irish economy. Accordingly, although the Low Pay Commission recommended an increase in the national minimum wage of 30c to €10.10, it did so on the assumption of an orderly Brexit, and acknowledged that the Government might wish to reserve its position in the event of a disorderly Brexit.
The Government accepted the recommendation of the Commission in its entirety but decided to defer a decision on when the Commission’s recommendation will commence until the nature of the Brexit becomes clearer.
I intend, therefore, to make provision in the Social Welfare Budget Bill to allow me to give effect to the National Minimum Wage in respect of 2020, in line with the Commission's proposals, once the situation in respect of Brexit is clarified.
It is important that Ireland’s statutory National Minimum Wage and the Living Wage concept are not conflated. The Living Wage is a voluntary societal initiative centred on the social, business and economic case to ensure that, wherever it can be afforded, employers will pay a rate of pay that provides an income that is sufficient to meet an individual’s basic needs, such as housing, food, clothing, transport and healthcare.
As a voluntary initiative, the Living Wage has no legislative basis and confers no statutory entitlement. The National Minimum Wage, on the other hand, has a legislative basis and confers a statutory entitlement on employees, and a statutory obligation on employers.
1058. Deputy Alan Kelly asked the Minister for Employment Affairs and Social Protection the number of computers in her Department that still use an operating system (details supplied) in tabular form; and if she will make a statement on the matter. [44710/19]
View answerMy Department utilises a wide variety of computer operating systems and associated services across its extensive ICT desktop and server environments. The number of Windows 7 operating system devices across the entire network is 11,010 and consists of desktop PCs, small factor PCs used for video conferencing and laptops.
I am advised that the project to upgrade and replace the Windows 7 operating system on these devices is well underway and will complete during 2020.
1059. Deputy Alan Kelly asked the Minister for Employment Affairs and Social Protection if her Department will not be forced to pay additional premium payments to a company (details supplied) once support for an operating system expires in January 2020; and if she will make a statement on the matter. [44726/19]
View answerMy Department makes every effort to maximise the product lifetime and value it extracts from its ICT assets. A project to upgrade and replace all Windows 7 devices is underway in my Department and it will complete during 2020. The focus of this project up to this point, has been on compiling, building and extensively testing the variety of customised Windows 10 images that are required specifically for the Department’s network and wide portfolio of business systems.
A substantial range of complex business applications spanning many generations of technology and a wide portfolio of supporting devices, such as document scanners, printers, signature pads etc. are presented at and all must work at the user desktop. The planning, compilation of the future operating system images and the testing phases are crucial to the successful delivery of the project and these are now substantially completed.
I understand that a procurement phase is currently underway utilising an Office of Government Procurement (OGP) framework for the supply and upgrade of desktop devices (PC’s and laptops) for the Department and the deployment of new Windows 10 devices will commence before year end.
I am advised that my Department will have a mixed desktop estate for a period during 2020. This will include Windows 7, Windows 8 and Windows 10 devices. My Department has separately procured a Microsoft Enterprise Agreement via an Open EU tendering process and we will avail of a discounted service available through this agreement to ensure continuing support for the Windows 7 estate until fully replaced in 2020.
1060. Deputy Alan Kelly asked the Minister for Employment Affairs and Social Protection her plans to protect her Department in the event of a malware attack or security risks as a result of the failure to upgrade computers from an operating system (details supplied) in her Department and the agencies under her remit; and if she will make a statement on the matter. [44742/19]
View answerMy Department has comprehensive cyber security arrangements and patch management protocols in place to secure all devices on the Department's ICT network irrespective of the operating system being used.
My Department has plans in place to ensure continuing support for devices running the Windows 7 operating system until all are fully retired in 2020.
1061. Deputy Kathleen Funchion asked the Minister for Employment Affairs and Social Protection if a decision will be reviewed regarding a carer's allowance for a person (details supplied). [44751/19]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 21 March 2019. Under social welfare legislation the decision of an Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.
I am advised that, on foot of the Deputy's representations, this appeal file has now been recalled by the Appeals Office from the Department of Employment Affairs and Social Protection for review. On receipt of same, this file together with the Deputy's representations will be brought to the attention of the Appeals Officer dealing with this case. The person concerned will be advised of the outcome of the review as soon as possible.
I trust this clarifies the matter for the Deputy.
1062. Deputy Noel Rock asked the Minister for Employment Affairs and Social Protection if she received correspondence from a company (details supplied) relating to collective redundancies in the past two years; and if she will make a statement on the matter. [44797/19]
View answerThe Protection of Employment Act 1977 makes it mandatory on employers proposing a collective redundancy:
(a) to engage in an information and consultation process with employees’ representatives and
(b) to notify the Minister for Employment Affairs and Social Protection of the proposed collective redundancy (SI 140/1977 sets out the information an employer is obliged to provide to the Minister).
I have not received notification of a proposed collective redundancy in the company in the past two years.
I hope this clarifies the matter for the Deputy.
1063. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the number of persons issued with a public services card before they were 18 years of age since the card was introduced; the process of issuing a card to a minor; and if she will make a statement on the matter. [44811/19]
View answer1066. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the details of a process that results in a person being posted a public services card on his or her 18th birthday; the extent and geography of the way in which this occurs; the way in which it complies with consent and dealing with a minor; the way in which such persons are identified by her Department; the way in which this conforms to SAFE 2 and GDPR; and if she will make a statement on the matter. [44826/19]
View answer1069. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if it is policy to issue persons with a public services card when they reach 18 years of age; and if she will make a statement on the matter. [44871/19]
View answerI propose to take Questions Nos. 1063, 1066 and 1069 together.
My Department does not have a policy to issue a Public Services Card (PSC) when a person reaches the age of 18 years.
In cases where a person applied for and was issued a PSC before the age of 18, a new card issues when they turn 18.
If a person under the age of 18 presents for SAFE registration, they must be accompanied by a parent or guardian in order to be SAFE registered. The parent/guardian must complete the relevant registration form.
I am advised that the number of PSCs issued to people under the age of 18 years to date is 137,839. Of these, 66,162 have now reached the age of 18 years and have been issued with a new card.
It should be noted that disability allowance is payable from the age of 16, where a person satisfies the relevant qualifying conditions. Customers in receipt of this payment have an entitlement to Free Travel and, accordingly, they need a PSC to access this entitlement. Customers who choose to collect their social welfare payments in post offices also require a PSC to access their payment.
I trust this clarifies the matter for the Deputy.
1064. Deputy Denis Naughten asked the Minister for Employment Affairs and Social Protection if joint savings in respect of a person applying for an adult dependant allowance on the State pension (contributory) of his or her spouse are fully assessed or if they are assessed on half basis; and if she will make a statement on the matter. [44821/19]
View answerA recipient of the state pension (contributory) can claim an increase to their pension in respect of a qualified adult. A qualified adult is the spouse / partner of the pensioner who is being wholly or mainly maintained by the pensioner.
An increase may be payable at the maximum rate of payment where the means of the spouse / partner is €100 a week or less, while reduced rates are payable where the means are over €100 and less than €310 per week. No increase is payable where the means of the spouse/partner are in excess of €310 per week.
The means assessed are those of the spouse/partner only and generally include;
- Income from employment and self-employment;
- Income from non-social welfare pensions;
- Income from any other sources including insurance policies such as life assurance, a trust fund, a deed of covenant, social welfare payments other than payments made in respect of a minor (e.g. child benefit, guardians, foster child etc.); maintenance payments from a former spouse / civil partner, and various other forms of periodic payment;
- The capital value of property investments (whether rented or not), as well as savings. Note: If the capital value of property owned and invested is assessed, any income derived from the rental properties or leases is not included as income for means assessment purposes.
Where a couple has a joint savings account, the value of half of the capital amount is assessed against the spouse / partner.
In calculating the weekly means of the qualified adult the first €20,000 of capital is fully disregarded, the next €10,000 assessed at €1 per thousand, the next €10,000 assessed at €2 per thousand, with the remainder assessed at €4 per thousand.
The capital disregard, as well as the general €100 weekly income disregard, mean that, assuming no other means, a spouse / partner can have capital of up to €57,500 without affecting entitlement to a qualified adult increase payable at the maximum weekly rate. Tapered reduced rates of qualified adult increase can continue to be payable where the spouse / partner has capital of up to €110,000.
It should be noted that the value of the family home, regardless of who is the legal owner, is never taken into account in this assessment.
1065. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the reason the date of 1 September 1946 was chosen as the cut-off in the creation of the State pension review launched earlier in 2019; if an analysis of those left out of the review has been conducted; and if she will make a statement on the matter. [44823/19]
View answerA policy to introduce the Total Contributions Approach (TCA) to pensions calculation was adopted by Government in the National Pensions Framework in 2010, as was the decision to base the entitlements of all new pensioners on this approach from around 2020.
In January 2018, I announced the Government Decision to introduce a new interim Total Contributions Approach (TCA) to the calculation of State Pension that will allow pensioners who reached pension age from September 2012 (i.e., those born on or after 1 September 1946), to have their pension entitlement calculated by an interim “Total Contributions Approach” (TCA) which will include up to 20 years of new HomeCaring Periods. This approach is expected to significantly benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. The TCA will ensure that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines their final pension outcome. The HomeCaring Periods can be claimed for any year in which they occurred - they are not limited to years since 1994.
The interim TCA was introduced to deal with pensioners subjected to new pension ratebands introduced in September 2012 which resulted in a number of such pensioners receiving lower pension payments than pensioners prior to then. People whose pensions were decided under the previous 2000-2012 ratebands (i.e., those born before 1 September 1946) were subject to a significantly more generous payment regime than those who qualified before or afterwards, as a Yearly Average of only 20 contributions per year (out of a maximum of 52) could attract a 98% pension. The effect of those changes, as it impacted upon those new pensioners since 2012, will be familiar to anyone who followed the debate on this matter over the last 6 years. If pre-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 additional 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.
I hope this clarifies the matter for the Deputy.
1067. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if an exception will be made to the rules to allow a person (details supplied) to participate in a community employment scheme with nine months on jobseeker's allowance; if she will meet with the personm to discuss same; and if she will make a statement on the matter. [44829/19]
View answerThe person concerned was in receipt of a jobseeker's benefit payment until his entitlement to this short term payment completed on 9/5/2019. The person concerned is currently in receipt of unemployment credits with effect from 10/5/2019. An unemployment credited contributions claim does not confer any payment entitlement rather it ensures that a person's social insurance record remains unbroken for the period of the claim.
Unfortunately the person concerned does not qualify to participate in a community employment (CE)scheme as he is not in receipt of a qualifying social welfare payment for at least 12 months and does therefore not meet the relevant qualifying criteria. I am advised that my Department has no record of receiving an application for a jobseeker's allowance payment from the person concerned following the ending of his claim to jobseeker's benefit.
Regrettably the person concerned does not meet the conditions for participation in a CE scheme at present.
I trust this clarifies the matter for the Deputy.
1068. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection the number of full and part-time staff employed in her Department; the number of such staff being paid at the minimum wage rate of pay; and if she will make a statement on the matter. [44845/19]
View answerIn figures to end September, there were the equivalent of 6,308 staff on full-time contracts (6,651 people) and 5 staff on part-time contracts. The figure for full time equivalents takes account of staff that avail of work-share options. All staff are paid above the minimum wage level.
1070. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection when legislation is expected to be introduced on pension auto-enrolment; and if she will make a statement on the matter. [44886/19]
View answerI am pleased that the Government recently approved significant elements of my design for an automatic enrolment retirement savings system. These include key decisions in relation to the target membership, the contribution rates, the policies in relation to opting-out and re-enrolment, the administrative arrangements and organisational approach and the investment options.
As stated in the 'The Roadmap for Pensions Reform', the Government proposes to begin implementation of a supplementary retirement savings system, known as Automatic Enrolment (AE), by 2022. AE will see a transition from the current and purely voluntary system to one which will, subject to certain parameters, automatically enrol employees into a quality assured retirement savings system. The saver will maintain the freedom of choice to opt-out.
There are five main areas where work is on-going so as to produce design options for Government to consider. These areas relate to the design of: the State financial incentive; the scope and role of the Central Processing Authority; the nature and functions of the Registered Providers; the investment framework and funds to be offered by Registered Providers, including the design of the default fund, and also the pay-out phase; and the phasing of implementation.
Given the low level of occupational pension coverage we continue to work towards the 2022 target with the required legislation commencing in 2020.
I hope this clarifies the matter for the Deputy.
