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Wednesday, 20 May 2020

Written Answers Nos. 1201-1225

Fuel Allowance Payments

Questions (1201, 1257)

Paul Murphy

Question:

1201. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection if she will consider extending the fuel allowance further in view of the extension of the lockdown. [5654/20]

View answer

Paul Murphy

Question:

1257. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection her plans to further extend the fuel allowance in view of the continuing Covid-19 crisis; and if she will make a statement on the matter. [6455/20]

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Written answers

I propose to take Questions Nos. 1201 and 1257 together.

The fuel allowance is a payment of €24.50 per week for 28 weeks (a total of €686 for the fuel season) from October to April, to over 369,000 low income households, at an estimated cost of €261 million in 2020.  The purpose of this payment is to assist these households with their energy costs.  The allowance represents a contribution towards the energy costs of a household.  It is not intended to meet those costs in full.  Only one allowance is paid per household.

The fuel allowance is an important measure that assists pensioners and other welfare dependent householders to address income deficiency, especially during the winter when a household faces increased heating needs.  The duration of the scheme is designed to coincide with the coldest periods of the year and it is for this reason the scheme runs from October to early-April.

On the 31st March, in order to support vulnerable households during the COVID-19 emergency, I was delighted to announce the extension of the fuel season by four weeks for existing eligible customers on a once-off basis.  At an overall cost to the Exchequer of €36.61m, this extended the payment of €24.50 per week from Friday 10 April (when it was due to expire) until Friday 8 May 2020 and provided these vulnerable households with additional targeted financial supports in a timely, efficient and time bound manner.  This extension meant that the 2019/2020 Fuel Season ran to the latest end date of any season in the last 30 years.

While I fully understand that these are difficult and distressing times for many people, especially for the vulnerable and the elderly, any further economic measures, such as further extending the fuel allowance season, can only be considered while taking account of the overall budgetary context and the availability of financial resources.  In the context of the COVID-19 emergency, the Government has already allocated c. €2.4 billion to a package of social protection measures. 

Under the supplementary welfare allowance scheme a special heating supplement may be paid to assist people in certain circumstances.  Exceptional needs payments may be made to help meet an essential, once-off cost, which an applicant is unable to meet from his / her own resources. 

I hope this clarifies the matter for the Deputy.

Departmental Expenditure

Questions (1202, 1203)

Alan Kelly

Question:

1202. Deputy Alan Kelly asked the Minister for Employment Affairs and Social Protection the status of expenditure (details supplied) by her Department; and if she will make a statement on the matter. [5657/20]

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Alan Kelly

Question:

1203. Deputy Alan Kelly asked the Minister for Employment Affairs and Social Protection the status of expenditure (details supplied) by her Department; and if she will make a statement on the matter. [5665/20]

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Written answers

I propose to take Questions Nos. 1202 and 1203 together.

The 2020 Revised Estimates Volume was published in December 2019 and the estimated overall expenditure for Department of Employment Affairs and Social Protection for 2020 was €21,204.4 million (€21.2 billion).

The expenditure incurred for Department of Employment Affairs and Social Protection scheme payments in April of each year 2012, 2016, 2019 and 2020 is detailed in the following table.

Year

April 2012

April 2016

April 2019

April 2020

Expenditure € million

1,597.3

1,664.7

1,641.5

3,144.2

The total expenditure incurred for Department of Employment Affairs and Social Protection scheme payments in the years 2012, 2016 and 2019 is detailed in the following table.

Year

2012

2016

2019

Expenditure € million

20,734.6

19,787.7

20,755.4

I understand my colleague, the Minister for Finance and Public Expenditure and Reform, will bring proposals to Government in the near future with regard to the Department's 2020 estimate and requirement for a Dáil vote.

Redundancy Payments

Questions (1204)

Robert Troy

Question:

1204. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the steps to be taken to that ensure workers at a company (details supplied) will be entitled to their full statutory redundancy payments. [5686/20]

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Written answers

Firstly, I would like to say that my thoughts are with all workers faced with the prospect of closure and job losses at this difficult time. With the exception of grocery outlets, the retail sector has been particularly affected by the measures we have had to take in response to the spread of Covid-19. Having come through a number of turbulent years and an examinership process, it must be difficult for Debenhams workers to now face redundancy. I applaud their efforts to ensure that they get the best outcome possible from the situation. I wish to assure the affected workers that my Department is available through its Intreo service to assist them in whatever way we can in terms of income supports and job-seeking over the coming weeks and months.

I want to assure everybody that my Department is assisting the affected workers through its Intreo service to help them in whatever way we can in terms of income supports and job-seeking over the coming weeks and months. Indeed over the past number of weeks officials from my Department have engaged with both officials from Mandate and with the Human Resource management team in Debenhams to ensure that all workers have received their due entitlements from my Department.

My officials are also available to assist these workers in the job search efforts over the period ahead and with advice on further education and training options that will help them to find work within their sector or in other sectors where work opportunities will become available as the economy improves over the period ahead.

Furthermore, the redundancy and insolvency section of my Department has already engaged with the liquidators appointed to Debenhams and is continuing to work with them to ensure that all claims in respect of employees are dealt with expeditiously.

Since the announcement of the liquidation of Debenhams there have been calls on the Government to intervene in or halt the liquidation of the company and to ensure that employees of Debenhams receive enhanced redundancy payments. Employee representatives have also called for the 30 day mandatory consultation period to be extended.

The Minister for Business, Enterprise and Innovation has been clear that she, as the Minister responsible for company law legislation, has no statutory power to intervene in a court supervised liquidation. A company is permitted to initiate a voluntary winding up where it has complied with requirements of the Companies Act 2014.

I have been asked by the Mandate Trade Union to utilise my powers in accordance with Section 15 of the Protection of Employment Act 1977. In this regard, I sought urgent legal advice from the Attorney General in relation to those powers as they pertain to a court appointed liquidator. I received those advices yesterday and they are unequivocal.

I am advised that I, as Minister, cannot exercise the powers in section 15 because those powers envisage engagement only with the employer. As is clear from the statutory definition, a liquidator is not an employer for the purposes of this Act. Therefore, there is no possibility of using the section 15 mechanism as suggested.

While we don’t have the power to ensure that Debenhams pay an enhanced redundancy package to its employees, an employer is obliged to pay the statutory redundancy entitlement as provided for in the Redundancy Payments Act 1967 and that is all that can be legally enforced against an employer.

As the company has been declared insolvent, the Department can provide a safety net for employees and the liquidator can submit claims for statutory redundancy and other wage related entitlements for payment from the Social Insurance Fund. We will ensure that the statutory redundancy entitlement which is laid out in legislation will be paid.

Rent Supplement Scheme Data

Questions (1205, 1237)

Eoin Ó Broin

Question:

1205. Deputy Eoin Ó Broin asked the Minister for Employment Affairs and Social Protection the number of rent supplement claims made; the number of claims awarded from 18 April 2020 until 6 May 2020; the number of rent supplement recipients nationwide for the latest date available; and if she will make a statement on the matter. [5687/20]

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Pauline Tully

Question:

1237. Deputy Pauline Tully asked the Minister for Employment Affairs and Social Protection the number of applications made and claims awarded under the revised Covid-19 rent supplement scheme in counties Cavan and Monaghan. [6079/20]

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Written answers

I propose to take Questions Nos. 1205 and 1237 together.

Rent supplement continues to play a key role in supporting families and individuals in private rented accommodation, with the scheme currently supporting approximately 19,200 recipients.

For the period 18th April – 6th May some 3,300 claims are currently either in payment (1,800 tenancies awarded) or under consideration/pending a decision (1,400 cases pending).  For those cases awaiting a decision I am advised that this will generally be a result of necessary documentation still outstanding from the applicant or ensuring that the timing of the rent supplement payment matches the customer’s rental commitments.

For the counties Monaghan and Cavan the total number of cases awarded since 13th March 2020 is 330 cases, Monaghan has had 210 cases awarded, and Cavan has had 130 cases receiving support.

Rent Supplement is a means-tested payment, demand-led scheme and is available as a short-term income support to those in the private rented sector.  In view of the difficulties created for many in the private rented sector who have lost significant employment income at this time, including persons who have been medically advised to self-isolate and also persons in casual or self-employment, my department is using the full flexibility of the scheme to provide the necessary support.

With the background of constrained supply within the overall rental sector, the Department continues to implement a targeted, flexible, case-by-case approach where rents exceed limits.  This flexible and responsive approach is a key instrument in assisting families to keep their homes and has supported almost 14,900 rent supplement households through increased rental payments who were at imminent risk of homelessness or tenancy loss.

My Department continues to keep this policy position under ongoing review and will continue to provide flexibility in the administration of rent limits so that people can remain in their homes, in particular within the overall context of the Covid-19 emergency.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (1206)

Mary Butler

Question:

1206. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection when an appeals decision will be finalised for a person (details supplied) which was first submitted on 24 October 2019. [5688/20]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 7 November 2019.  It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Employment Affairs and Social Protection.  These papers were received in the Social Welfare Appeals Office on 6 January 2020 and the case was referred to an Appeals Officer on 30 March 2020. The appeal is currently being determined on a summary basis.  A decision will issue over the coming days.

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.

Covid-19 Pandemic

Questions (1207)

Peadar Tóibín

Question:

1207. Deputy Peadar Tóibín asked the Minister for Employment Affairs and Social Protection the monthly costs for March and April 2020 with regard to all welfare supports as a result of the Covid-19 lockdown; and the estimated monthly costs for May, June, July and August 2020 with regard to all welfare supports as a result of the announced restrictions. [5692/20]

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Written answers

The cost of the Pandemic Unemployment Payment was €111 million in March 2020 and €770 million in April 2020.

The cost of the Temporary Wage Subsidy Scheme was €22.8 million in March 2020 and €636.1m in April 2020.

A similar level of expenditure is expected on these schemes in May and for the earlier part of June.  Expenditure beyond this will be dependent upon the impact of the phased return to work and retention and adaptation of these schemes.

The cost of enhanced COVID-19 Illness Benefit funded from the existing Illness Benefit scheme is estimated at €30 million over the period March to April 2020.

The fuel season was extended for 4 weeks up to 8th May 2020 in recognition of the COVID-19 emergency when people are being asked to cocoon and self-isolate at home.  The cost of this measure is estimated at €34 million.

Departmental Correspondence

Questions (1208)

Michael Moynihan

Question:

1208. Deputy Michael Moynihan asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to or if the issue of a letter was authorised from the office of her Department in Buncrana, County Donegal, on 20 March 2020 to claimants encouraging them to change their payments from their post office to their bank accounts; if a letter has issued to retract this advice; if an apology will issue to post offices which are making efforts to ensure services can continue during the Covid-19 crisis; and if she will make a statement on the matter. [5694/20]

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Written answers

Following the Government decision to implement a scheme for people who lost their jobs from March 13 due to the COVID-19 (Coronavirus) pandemic, Department of Employment Affairs and Social Protection officials embarked on the extensive task of putting procedures in place to process and issue payments to the significant numbers of customers claiming COVID-19 unemployment and illness related payments. In order to assist customers, all aspects that would facilitate the processing of claims and provisions of payments were considered, both within existing payment scenarios and taking into account the introduction of new social distancing requirements.

In response to the crisis, on 20 March a letter was issued to a small number of customers in Inishowen, Co. Donegal from the Community Welfare Service there, informing them of an option to redirect their payments from their Post Office to their Bank account, because of the risk inherent in queuing to collect their payment. While this option was proposed solely with the welfare of the customers in mind, I wish to emphasise that this correspondence was not in line with Departmental policy. Steps were therefore taken to rectify the situation as soon as it was brought to the attention of the manager concerned, on 26th March.

The relevant Post Masters were contacted immediately and provided with a verbal apology for any inconvenience caused, details regarding the erroneous issue of the letter; and an assurance of its immediate withdrawal. I am advised that the Post Masters were satisfied both with the explanation and the commitment to retract the advice that was provided to the customers in question.

Customers who had received the letter were also contacted on the 26 March. They were informed that the letter was issued in error, that there was no requirement to change their payment locations; and that they could therefore disregard the correspondence. I am advised that all of the customers contacted wished to keep their payments at the Post Offices as before.

I trust this clarifies matters for the Deputy.

Covid-19 Pandemic Unemployment Payment

Questions (1209)

Michael Moynihan

Question:

1209. Deputy Michael Moynihan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) can appeal the decision to refuse their application for the Covid-19 pandemic unemployment payment; and if she will make a statement on the matter. [5695/20]

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Written answers

It is a condition for receipt of the Pandemic Unemployment Payment that the person should have lost their job as a result of the Covid-19 crisis but have been  in employment immediately prior to the 13th March 2020.

I am advised that my Department has no record of an application for the Pandemic Unemployment Payment being received from the customer but I can confirm that the customer made a claim for Jobseekers Allowance on 24th February which was subsequently awarded on 27th February 2020.

Questions Nos. 1210 and 1211 answered with Question No. 1194.

Invalidity Pension

Questions (1212)

Jennifer Murnane O'Connor

Question:

1212. Deputy Jennifer Murnane O'Connor asked the Minister for Employment Affairs and Social Protection if she will address a matter regarding the case of a person (details supplied). [5791/20]

View answer

Written answers

This lady's invalidity pension has been reinstated with effect from Thursday 19 March 2020 at the maximum personal rate and she received her first payment in her bank account on Thursday 07 May 2020.  She was notified of this decision on 29 April 2020.

I hope this clarifies the matter for the Deputy.

Company Closures

Questions (1213)

Micheál Martin

Question:

1213. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection if she has received notification from a company (details supplied) of a proposal of collective redundancy as is required under section 12 of the Protection of Employment Act 1977; and if she will make a statement on the matter. [5878/20]

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Written answers

The Protection of Employment Act 1977 imposes a number of obligations on employers who are proposing collective redundancies, including an obligation under sections 9 and 10 to engage in an information and consultation process with employees’ representatives and to provide certain information relating to the proposed redundancies.  Section 11A of the Act provides that, where an employee believes the employer to be in breach of sections 9 or 10, they may pursue a complaint to the Workplace Relations Commission.  It is also an offence under section 11 of the Act where an employer fails to comply with sections 9 or 10.

There is an obligation under section 12 which makes it mandatory on employers proposing a collective redundancy to notify the Minister for Employment Affairs and Social Protection of the proposed collective redundancy.

An employer is prohibited from issuing the first notice of dismissal during the mandatory information and consultation period, the duration of which must be at least 30 days.  The Act also provides that at least 30 days must pass from the date on which the Minister has been notified of the collective redundancy before the first dismissal can take effect.

For the avoidance of doubt, the minimum 30 day information and consultation process and the minimum 30 day period from the date of notification may run concurrently, but do not have to.

My Department received official notification of the proposed liquidation of Debenhams on 14 April 2020.  Following a request from my officials to the liquidators for further information, I can confirm that the obligations to me as Minister under section 12 have now been fully complied with.  It is my understanding that the redundancies are envisaged to occur in or around 18 May 2020.

I trust this clarifies matters for the Deputy.

Question No. 1214 answered with Question No. 1176.

Jobseeker's Allowance

Questions (1215)

Seán Sherlock

Question:

1215. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection if those on jobseeker's payments are being afforded leeway in terms of applying for work in view of employment restrictions; and if cuts to jobseeker's payments made since the start of the restrictions due to applicants' inability to apply for work will be reversed. [5884/20]

View answer

Written answers

All customers making a claim for, or in receipt of a jobseeker's payment must satisfy the deciding officer that they fulfil the conditions for receipt of a payment under that scheme. The genuinely seeking work and availability requirements remain for all jobseekers.

Jobseekers should continue to make efforts to secure employment with a view to taking up such employment when the current restrictions due to the Covid-19 pandemic are eased.  A jobseeker may continue to apply for employment by email, by phone or through an employment website such as www.JobsIreland.ie as they would have done before the Covid-19 pandemic. 

Jobseeker claims are dealt with on an individual basis and the deciding officer takes into account the circumstances of the customer and the prevailing economic situation while having regard to the conditions for the scheme.  Decisions made on each jobseeker claim are based on the information available to the deciding officer at that time. If a customer is not satisfied with the decision a review may be requested or an appeal may be lodged within 21 days.  

I trust this clarifies the matter for the Deputy.

Medical Aids and Appliances

Questions (1216)

Paul McAuliffe

Question:

1216. Deputy Paul McAuliffe asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) is not entitled to a grant towards a hearing aids update; and if this will be reviewed. [5902/20]

View answer

Written answers

I am advised that my Department has undertaken a review of the social insurance record of the person concerned and can confirm that she is entitled to the hearing aid grant under the Department's PRSI scheme.  An approval notification will issue to the person shortly.

I hope this clarifies matters for the Deputy.

Carer's Benefit Eligibility

Questions (1217)

Charlie McConalogue

Question:

1217. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection if she will examine the circumstances referenced in correspondence from a person (details supplied); if carer's benefit can be extended in this case; and if she will make a statement on the matter. [5904/20]

View answer

Written answers

The Government recognises the crucial role that family carers play in Irish society and is fully committed to their support through a range of supports and services.  The main income supports provided by my Department include Carer's Benefit, Carer's Allowance, Domiciliary Care Allowance, and the Carer's Support Grant.  Spending on these payments in 2020 is expected to exceed €1.3 billion.

Carer's Benefit is a payment made to insured people who leave the workforce to care for someone in need of full-time care and attention.  Carer’s Benefit is payable for a maximum period of 104 weeks for each person being cared for.  It can be taken in one block or in separate periods as long as the combined total does not exceed 104 weeks.

Extending the number of weeks Carer’s Benefit is paid from its current 104 weeks would incur additional expenditure.  It should be noted that not all those claiming Carer’s Benefit remain in payment for the full 104 weeks.  My Department examined this matter in 2017 and found that the average duration on Carer’s Benefit was 74.2 weeks between 2010 and 2016.  Therefore, the current 104 week payment duration represents a reasonable length of time to support a carer’s temporary absence from work. 

Where care is provided beyond the period of entitlement to Carer’s Benefit, the means tested Carer’s Allowance is available for those who are in need of income support.

The means test for Carer’s Allowance is one of the most generous in the social protection system.  Currently €332.50 of gross weekly income is disregarded in the calculation of means for a single person; the equivalent for someone who is married, in a civil partnership or cohabiting is €665 of combined gross weekly income.  A Carer may engage in employment outside the home for up to 18.5 hours per week.

The conditions attached to payments of Carer’s Allowance are consistent with the overall conditions that apply to social assistance payments generally.  This system of social assistance supports provides payments based on an income need with the means test playing the critical role in determining whether or not an income need arises as a consequence of a particular contingency – be that illness, disability, unemployment or caring.  Carer's Allowance acts as an income support for those who cannot earn an income in the open labour market due to their caring responsibilities.  The continued application of the means test not only ensures that the recipient has a verifiable income need but that resources are targeted to those with greatest need. 

Based on the number of carers identified as part of Census 2016, it is estimated that a universal carer’s payment could cost up to an additional €1.2 billion per annum.

In assessing claims for means tested social welfare schemes, account is taken of the income and the value of capital, including shares, of the claimant and his or her spouse/partner.

The general rule for assessment of pension funds or annuities is that money invested in a pension fund is not assessable for means purposes if it is not accessible to the claimant.  However, this must specifically be a pension fund, and not a general savings account being used by the claimant as savings for their retirement.  For PRSA pensions, so long as the pension remains inaccessible to the claimant, it is not assessable as means.

The value of any cash otherwise available from a pension fund is assessed on the basis of the capital valuation of that fund and any regular pension payments received are treated as income for means purposes.

I can assure the Deputy that I am very aware of the key role carers play in society and I will continue to keep the range of supports available to carers under review.  Any improvements or additions to these supports must be considered in a budgetary context and in the light of available financial resources.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments Administration

Questions (1218)

Paul McAuliffe

Question:

1218. Deputy Paul McAuliffe asked the Minister for Employment Affairs and Social Protection if she will examine the issue of welfare payments being made every two weeks (details supplied). [5906/20]

View answer

Written answers

My Department introduced a series of measures to maintain social welfare payments while assisting with social distancing measures designed to combat the spread of the Coronavirus.

Fortnightly payments were introduced to minimise the need for people to attend and queue in banks or post offices to collect payments, so helping people restrict their movements to essential activities only. These were introduced on a ‘payment in advance’ basis so people did not have to wait two weeks for a payment.

It is not possible to introduce differentiated payment cycles for each individual or for different cohorts of individuals and on balance the Department believes that it is better at this time to retain the two-weekly payment cycle, particularly for schemes that are not exclusively paid by EFT.

I would emphasise that where a person encounters financial difficulty they can contact their local community welfare officer for assistance or can seek advice and support from MABS.

Covid-19 Pandemic Unemployment Payment

Questions (1219)

Paul Murphy

Question:

1219. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection if a pandemic unemployment payment will be backdated for a person (details supplied). [5916/20]

View answer

Written answers

According to the records of my Department, I am advised that the person concerned is currently in receipt of a Covid-19 pandemic unemployment payment (PUP).

The current focus is on ensuring that PUP payments are made and continue to be made to all who qualify for them.  My Department is aware that many people are due some arrears and that each person's case is unique.  This means that each person's individual application may need to be reviewed to accurately calculate any arrears due.

Given the current extraordinary circumstances it will be some time before my Department will be able to fully resolve the arrears issue.  Should the person concerned be experiencing financial difficulties he can contact the Community Welfare Service (CWS) in the Tallaght Intreo Centre to seek financial assistance under the supplementary welfare allowance (SWA) scheme.

Under SWA, the Department can make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income.

The Community Welfare Service can be contacted by phone at 01 4629400 or by email at CWSTallaght@welfare.ie.

Updates will also be provided via my Department's website www.gov.ie/deasp.

Covid-19 Pandemic Unemployment Payment

Questions (1220)

Willie O'Dea

Question:

1220. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the expenditure to date on the pandemic unemployment payment; the number in receipt of the payment; and if she will make a statement on the matter. [5938/20]

View answer

Written answers

Expenditure on Pandemic Unemployment Payment is €1.5 billion to date.  This includes 585,000 people who will received the payment during week commencing Monday, 18th May 2020 costing €204.6 million.

Questions Nos. 1221 to 1224, inclusive, answered with Question No. 1192.

Revised Estimates Publication

Questions (1225)

Willie O'Dea

Question:

1225. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when approval by Dáil Éireann for a new estimate for Vote 37 will be required; the process for approving same; and if she will make a statement on the matter. [5943/20]

View answer

Written answers

As the Revised Estimates Volume (REV) for 2020 has not yet been voted upon, spending thus far in 2020 is operating under the ‘four-fifths’ rule which applies to voted expenditure under the Central Fund (Permanent Provisions) Act, 1965.  Under this rule, Departments can spend an amount up to 80% of that included for the relevant Department in the previous year’s Appropriation Act.  This legislative provision ensures that Departments can continue to spend in the period before the Estimates are voted by the Dáil.

I understand my colleague, the Minister for Finance and Public Expenditure and Reform, will bring proposals to Government in the near future with regard to the Department's estimate and requirement for a Dáil vote.

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