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Thursday, 5 Mar 2020

Written Answers Nos. 1140-1159

Pension Provisions

Questions (1140)

Michael Healy-Rae

Question:

1140. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of voluntary contributions by a person (details supplied); and if she will make a statement on the matter. [2964/20]

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Written answers

The person concerned will reach pension age in April 2020. They have not applied for state pension (contributory). It is not possible to determine a person's entitlement to pension in the absence of a completed application form.

They should submit an application for state pension (contributory) without delay. Upon receipt of their application, their contribution record will be fully investigated and they will be notified of the outcome.

Their application for the means-tested, residency-based State pension (non-contributory) was received by my Department on 27 January 2020 and is currently under investigation.

If it is determined that the person concerned satisfies the qualifying conditions for both the State pension (contributory) and the State pension (non-contributory), they will be awarded whichever is the more financially beneficial.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Applications

Questions (1141)

Denis Naughten

Question:

1141. Deputy Denis Naughten asked the Minister for Employment Affairs and Social Protection when a decision will be made on an application for a domiciliary care allowance by a person (details supplied); the reason for the delay in same; and if she will make a statement on the matter. [2995/20]

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Written answers

This domiciliary care allowance application has been finalised. The person concerned was notified in a letter dated 27th February 2020 that domiciliary care allowance has been awarded from the 1st November 2019. Arrears due from November 2019 to February 2020 will issue with the March 2020 payment on the 16th March 2020.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals Status

Questions (1142)

Niamh Smyth

Question:

1142. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [3000/20]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 12 February 2020. The person concerned was notified of that decision. Under social welfare legislation the decision of the Appeals Officer is generally 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 the person concerned has submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be notified when the review of the appeal decision has been finalised.

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.

Personal Public Service Numbers

Questions (1143)

Bernard Durkan

Question:

1143. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a PPS number will issue in the case of a person (details supplied) who is the holder of a stamp 4 visa and requires a PPS number; and if she will make a statement on the matter. [3041/20]

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Written answers

I am advised that the Department has no record of an application for a Personal Public Services Number (PPSN) in respect of this individual.

I trust this clarifies the matter for the Deputy.

Personal Public Service Numbers

Questions (1144)

Bernard Durkan

Question:

1144. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a PPS number will issue in the case of a person (details supplied); and if she will make a statement on the matter. [3042/20]

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Written answers

I am advised that the Department has no record of an application for a Personal Public Services Number (PPSN) in respect of this individual.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (1145)

Bernard Durkan

Question:

1145. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) qualifies for the adult dependent allowance in respect of that person's spouse; and if she will make a statement on the matter. [3043/20]

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Written answers

The person concerned has been awarded Illness Benefit from 24/01/2020. Illness Benefit is not payable for the first six days of this claim, excluding Sunday.

The person concerned is in receipt of the maximum Personal and Qualified Adult Dependant rates. The person concerned has been paid up to and including 27/02/2020

I trust this clarifies the matter for the Deputy.

Jobseeker's Allowance Applications

Questions (1146)

Bernard Durkan

Question:

1146. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the basis on which it is proposed to refuse jobseeker's allowance in the case of a person (details supplied); if reference has been made to issues that might be helpful to the case; if this inquiry can be taken as notice of appeal; and if she will make a statement on the matter. [3058/20]

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Written answers

The person concerned was informed by a decision letter dated 10/2/2020 that she was not entitled to a Jobseeker’s Allowance payment as she had stated she was not available to take up full-time work; that she had not made reasonable efforts to find full-time work, and had not shown that her means are less than the weekly rate of Jobseeker’s Allowance appropriate to her family circumstances.

If the person concerned wishes to seek a review of this decision, then any facts or evidence in support of the appeal should be submitted by her to her local Intreo Centre. A Deciding Officer will then be in a position to review the decision.

Alternatively an appeal can be made to Social Welfare Appeals Office, D’Olier House, D’Olier Street,Dublin 2. An appeals form was sent to the person concerned on 4/3/2020.

I hope this clarifies the matter for the Deputy.

State Pension (Non-Contributory) Applications

Questions (1147)

Peter Burke

Question:

1147. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied). [3066/20]

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Written answers

An application for State pension non-contributory was received from the person concerned on 16 May 2019. The case was referred to an Inspector of the Department on 23 May 2019 to interview the applicant and provide a means report.

The Inspector interviewed the person concerned on a number of occasions and on 1 October 2019 requested further information and sought a further interview. The person concerned notified the Inspector that they were going away for a number of weeks. The Inspector made subsequent efforts to contact and visit the applicant. No response was received from the person concerned.

The case was returned to the Deciding Officer on 28 November 2019. The claim was disallowed as the person's eligibility for pension could not be assessed; the person failed to make themselves available for interview by the Department's Inspector and failed to provide the required information.

The person concerned was notified of this decision on 10 December 2019, the reasons for the decision and their right, if dissatisfied with the decision, to request a review of the decision, or to appeal the decision to the independent Social Welfare Appeals Office. There is no record of an appeal made against the decision.

It remains open to the person concerned to contact the State pension (non contributory) section, at Department of Employment Affairs and Social Protection, College Road, Sligo, if they now wish to make themselves available for interview and provide the required information in order to assess their eligibility for pension.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (1148)

Aindrias Moynihan

Question:

1148. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection her plans to change the qualification criteria for the telephone allowance; and if she will make a statement on the matter. [3072/20]

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Written answers

The Telephone Support Allowance (TSA) is a weekly payment of €2.50. Approximately 131,000 customers are in receipt of the TSA payment. The estimated full year cost of the scheme is over €17 million.

To receive the allowance a customer of my Department must be in receipt of a qualifying payment and also in receipt of the Living Alone Allowance and the Fuel Allowance.

The primary objective of the TSA is to allow the most vulnerable people at risk of isolation, including the elderly and those with disabilities, access to personal alarms or phones for security. Therefore the criteria for the allowance were framed in order to direct the limited resources available to my Department in as targeted a manner as possible.

The schemes operated by my Department are constantly reviewed. Any decision to change their qualifying criteria would have to be considered in the context of overall budgetary negotiations.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Questions (1149)

Bernard Durkan

Question:

1149. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a person (details supplied) can transfer from jobseeker's allowance to maternity benefit; and if she will make a statement on the matter. [3083/20]

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Written answers

Maternity benefit is payable when a woman on maternity leave from work has the required number of paid PRSI contributions/credits on their social insurance record and has paid a class A contribution within 16 weeks of the end of the week in which their baby is due. The three most recent complete calendar years are considered along with the current year when determining eligibility to maternity benefit. According to the record held in the Department, the person concerned is not currently in employment and does not have sufficient PRSI contributions/credits in these years to qualify for the benefit.

I am advised that there is no record of a Maternity Benefit application having been received from the person concerned. If the personal would like to have her particular case reviewed in more detail, she can submit an application. However, based on the information to hand, I am advised that it is unlikely that she will qualify for the benefit.

It should be noted that she may be entitled to continue to receive jobseekers allowance during her period of confinement and after the birth of her baby. Information in relation to this will be available at her local Intreo centre.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Eligibility

Questions (1150)

Bernard Durkan

Question:

1150. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which entitlement to carer’s allowance in respect of two children has been determined in a case (details supplied); when such a determination was made; if the matter will be fully reviewed in an effort to ascertain when payment will be made; and if she will make a statement on the matter. [3084/20]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

The person concerned was in receipt of CA for one care recipient only. This payment was in place from 22 May 2014 until it was stopped on 13 February 2019.

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

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

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

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

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

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Appeals

Questions (1151)

Bernard Durkan

Question:

1151. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the position regarding a domiciliary care allowance appeal in the case of a person (details supplied); and if she will make a statement on the matter. [3087/20]

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Written answers

I am advised by the Social Welfare Appeals Office that only one appeal by the person concerned was received in that office in respect of Domiciliary Care Allowance. An Appeals Officer, having fully considered all of the available evidence, decided to allow the appeal by way of a summary decision on 22 January 2020. The person concerned was notified of the Appeals Officer’s decision.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Social Welfare Overpayments

Questions (1152)

Bernard Durkan

Question:

1152. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the way in which it transpired that a person (details supplied) who is deemed to have incurred an overpayment from her Department, which apparently arose from a name correction from the original; and if she will make a statement on the matter. [3108/20]

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Written answers

The person concerned purporting to be an Angolan national, of a certain name and date of birth, entered the State in or around 2006. He was allocated a Personal Public Service Number (PPSN) and held a Garda National Immigration Bureau Card Stamp 4. The person concerned was in receipt of a Jobseeker’s Allowance payment from January 2014 to January 2019.

In September 2018, the Client Identify Services section within my Department, informed the Community Welfare Officer in Maynooth that the Department of Justice & Equality had confirmed that the person concerned had a different name and date of birth. A decision was taken to allocate the person concerned a new PPSN in his true identity.

The person concerned was informed by the Department of Justice & Equality – Irish Naturalisation and Immigration Service (INIS) on 18/6/ 2018 that the rights of residency that he had accumulated between 10/12/13 and 18/6/18 would not be regarded as "reckonable residency" for citizenship or other purposes. As a result of this decision an overpayment was assessed. I am advised that a Natural Justice letter was issued to the person concerned on 1/10/19 and again on 14/11/ 19, giving the person concerned the right to appeal. No appeal was received.

In November 2019, the person concerned informed the Deciding Officer of other issues that could affect his entitlement to payment. I am advised that the Deciding Officer recently requested the person concerned to supply this Department with appropriate evidence of these matters. It was also recommended that he inform the Department of Justice & Equality.

I am advised that to date there has been no response from the person concerned.

I trust this clarifies the matter for the Deputy.

Back to Education Allowance

Questions (1153)

Bernard Durkan

Question:

1153. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) has an ongoing entitlement to the back to education allowance; and if she will make a statement on the matter. [3109/20]

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Written answers

According to the records of my Department, an application for a Back to Education Allowance has not been received from person concerned. It is open to the person concerned to apply for a Back to Education Allowance. He can contact his local Intreo Centre where information is available on all schemes and services offered by my Department.

I trust this clarifies the matter for the Deputy.

Disability Allowance

Questions (1154)

Bernard Durkan

Question:

1154. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the appropriate illness or disability payment in the case of a person (details supplied); and if she will make a statement on the matter. [3137/20]

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Written answers

In order to establish the correct entitlement to Disability Allowance (DA) for the person concerned, they were requested to supply supporting documentation on 14 January 2020. This information is required by the deciding officer in order to carry out a review of her entitlement.

No information was supplied and on 2 March 2020 a further request for the supporting documentation was sent to this lady. On receipt of this information a decision will be made and the person concerned will be notified of the outcome of her review.

I trust this clarifies the matter for the Deputy.

Domiciliary Care Allowance

Questions (1155)

Bernard Durkan

Question:

1155. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the position in regard to domiciliary care allowance in respect of two children in the case of a person (details supplied); and if she will make a statement on the matter. [3138/20]

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Written answers

This lady was notified on the 29th January 2020 that her Domiciliary Care Allowance was awarded on appeal from the 1st June 2019.

Arrears due for this period issued with her February 2020 payment on the 18th February 2020.

I hope this clarifies the matter for the Deputy.

Social Welfare Overpayments

Questions (1156)

Bernard Durkan

Question:

1156. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the circumstances in which it is assumed that an overpayment of jobseeker's allowance had taken place in the case of a person (details supplied); the extent to which current weekly deductions are being made; and if she will make a statement on the matter. [3139/20]

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Written answers

The person concerned was in receipt of a jobseeker payment that included an increase in respect of a Qualified Adult from 5th February 2018 to 28th August 2018.

Persons in receipt of means-tested payments are obliged to inform the Department of any change in their means or circumstances which may affect the rate of payment.

During the course of review of the person's entitlement, it came to light that the person's spouse was in employment. My Department wrote to the person 31st August 2018 to inform them of the potential overpayment and offered an opportunity to comment within 14 days, but the person did not do so.

A revised decision on the person's entitlement to a jobseeker payment was issued on 9th November 2018. This letter explained the reason for the decision and outlined how the overpayment was calculated. This correspondence was returned to my Department by An Post, noting that the person concerned no longer resided at the address provided. As my Department did not have a forwarding address for the person, this notification could not be re-issued to the customer at that time.

Deductions in respect of the overpayment have not yet commenced. My Department is happy to write to the person concerned at the address provided by the Deputy or, alternatively, the customer can contact the local Intreo Centre to discuss the overpayment.

Carer's Benefit Applications

Questions (1157)

Brendan Griffin

Question:

1157. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection if a decision has been made on an application for carer's benefit in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [3156/20]

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Written answers

Carer'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 increased payment can be made where full-time care is being provided to two people.

An application for CARB was received on 14 February 2020 from the person concerned.

To qualify the carer must satisfy PRSI conditions, employment conditions, show that they are providing full-time care and attention and must show that the care recipient requires full-time care and attention.

The evidence submitted in support of this application has been examined and the deciding officer has written out to the person concerned requesting further documentation.

When this information has been returned the claim will then be processed.

I hope this clarifies the matter for the Deputy.

Treatment Benefit Scheme Eligibility

Questions (1158)

Frank Feighan

Question:

1158. Deputy Frankie Feighan asked the Minister for Employment Affairs and Social Protection the way in which a person (details supplied) qualified for the optical benefit and hearing aids under the treatment benefit scheme between the ages of 25 and 65 years, but at 66 years of age, with more than 260 PRSI contributions, cannot apply for the benefits, which are now required; and if she will make a statement on the matter. [3170/20]

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Written answers

In order to qualify for treatment benefit, including optical, dental and hearing aid benefit, a PRSI contributor must satisfy a number of conditions. These include, for those aged between 25 and 65 years, having a total of 260 paid contributions at class A/E/H/P or S since entering insurable employment and having at least 39 reckonable contributions paid or credited in the relevant tax year their claim is based on, which is currently 2018. Alternatively they can qualify if they have 26 paid contributions in the relevant tax year and the tax year immediately before.

Anyone who qualifies for treatment benefit at any age between 60 and 66 years, remain qualified for life.

The person concerned does not meet this criteria. Although he has the required 260 paid contributions, he does not have 39 reckonable contributions paid or credited (or the alternative 26/26) in any of the years from 2011 to 2018, which are the relevant tax years on which his entitlement would be based. As a result, he does not satisfy the conditions for treatment benefit under the Department's PRSI scheme.

However, if he is the holder of a medical card he may have an entitlement to treatment under the HSE scheme. If this is the case he should contact his local HSE health office for advice.

I hope this clarifies matters for the Deputy.

Illness Benefit Payments

Questions (1159)

Michael Healy-Rae

Question:

1159. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a backdated illness benefit for a person (details supplied); and if she will make a statement on the matter. [3227/20]

View answer

Written answers

The Department received an Illness Benefit claim from the person concerned on the 11th April 2019. This claim was awarded and payment backdated 6 months from 12th November 2018 to 16th May 2019.

Upon reviewing the claim, it has been decided to backdate the claim to April 2018 due to the nature of his illness. Arrears due for this period have issued directly to the person concerned, paying him his full entitlement under the Illness Benefit scheme.

The person concerned was entitled to 52 weeks or 312 payable days of illness benefit and has received PRSI credited contributions for the remainder of his claim.

I am advised that the person concerned has also been contacted by an Officer from the department and the decision explained to him in full.

I trust this clarifies the matter for the Deputy.

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