Written Answers Nos. 996-1015
997. Deputy Norma Foley asked the Minister for Employment Affairs and Social Protection if she will amend the requirement for 38 hours or more per fortnight for those eligible for the working family payment in view of the fact hours have been reduced for many workers. [8024/20]
View answerThe Working Family Payment is an in-work support which provides an income top-up for employees on low earnings with children. Working Family Payment is designed to prevent in-work poverty for low paid workers with child dependents and to offer a financial incentive to take-up employment. The estimated annual expenditure on Working Family Payment in 2019 is approximately €397.2 million. As of April 2020 the support is paid to approximately 51,793 in respect of some 116,275 children.
Customers who are in receipt of Working Family Payment and the Pandemic Unemployment Payment are considered to be meeting the eligibility requirements of Working Family Payment in this situation and their payment is not ceased at this time.
It important that Working Family Payment does not inadvertently subsidise unsustainably low earnings or encourage employers to offer minimal hours of employment. The longer term goal of Working Family Payment, as an incentive to take up and remain in work, could be compromised if the nature of the work taken up is not sustainable.
There are a number of supports currently available from the Department in cases where an individual may not be eligible for Working Family Payment include the Short Term Work Support and Jobseekers Allowance, which allows an individual to work up to three days without losing their benefit. For individuals who have lost their employment entirely they may apply for the Covid Pandemic Unemployment Payment. Details of all of the supports available from my Department and how to apply for them can be found at www.gov.ie
Reducing the “hours worked” requirement for Working Family Payment would also have significant expenditure implications which are difficult to quantify and would have to be considered in an overall budgetary context.
998. Deputy Violet-Anne Wynne asked the Minister for Employment Affairs and Social Protection if provision is being made for the pandemic unemployment payment to be extended for students with a high-risk health status and that have been advised by their general practitioners not to return to work in the hospitality industry. [8031/20]
View answer1017. Deputy Holly Cairns asked the Minister for Employment Affairs and Social Protection her plans to ensure all meat plant workers whose health or employment has been negatively impacted by the Covid-19 clusters are provided with the Covid-19 pandemic unemployment payment and illness benefit. [8215/20]
View answerI propose to take Questions Nos. 998 and 1017 together.
The COVID 19 Pandemic Unemployment Payment was introduced in March 2020 as a time-limited emergency measure to meet the surge in unemployment which resulted from the effects of the Coronavirus pandemic. The conditions for receipt of this payment are that a person must be of working age between 18 and up to 66 years old, have been in employment immediately prior to 13th March and have lost their employment income. Employees who satisfy these conditions, which can include those in meat processing or students, are eligible to the COVID 19 Pandemic Unemployment Payment if they satisfy these conditions.
Where an employee has had their hours reduced and is unemployed for 4 days or more in a week they can apply for the social-insurance based jobseekers benefit or the means tested jobseeker's allowance scheme. If they have been put on a short time working week on a temporary basis they may be eligible for short time work support.
If a person in employment is diagnosed with COVID 19 they can apply for COVID 19 illness benefit. A person who is a probable source of infection of COVID 19 and is self-isolating can also apply for COVID 19 Illness Benefit as they will have either been certified by their doctor or will have received text notification from the HSE where they have been contact-traced or otherwise personally identified and advised by the HSE as being a probable source of infection.
Where a person does not qualify for these payments and is experiencing financial hardship they can apply for financial support under the Supplementary Welfare Allowance scheme.
I trust that this clarifies the matter.
1001. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the decision of the owners of a company (details supplied) to transfer valuable assets to its UK parent company, which results in an increased cost to the State in redundancy payments from the State insolvency fund. [8047/20]
View answerFirstly, 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.
Once a company becomes insolvent and enters into a court supervised liquidation process the Department of Employment Affairs and Social Protection is obliged by law to make statutory redundancy and other wage related entitlements to eligible employees. Payments are made from the Social Insurance Fund. When such payments are made I, as Minister for Employment Affairs and Social Protection, become a preferential creditor in the liquidation process and a dedicated debt management unit in the Department will engage with the liquidator in relation to any possible recovery of the debt.
The other matters raised in the question relate to company law provisions which are the responsibility of my colleague the Minister for Business, Enterprise & Innovation.
1002. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection if supports or grants are available for the employment of a person to provide assistance to a self-employed person with a disability undertake business activities. [8048/20]
View answerIn addition to providing income supports, the Department provides a wide range of employment-related supports, for both jobseekers with disabilities and employers (including the self-employed) seeking to employ a jobseeker with a disability or retain an existing employee who has or acquires a disability. A summary of the employment supports available is set out below.
Services to support employers in the recruitment of staff
Details of these services can be found at: https://www.gov.ie/en/publication/86ab7d-intreo-for-employers/
The Department also provides the Back to Work Enterprise Allowance (BTWEA) scheme to support persons to become self-employed. The BTWEA programme has been designed so customers who avail of it retain a percentage of their income support payment for up to 2 years. Persons in receipt of a wide range of income supports, including disability allowance and blind pension, are eligible for the scheme. Details of the scheme are available at https://www.gov.ie/en/service/f215a4-back-to-work-enterprise-allowance/#how-to-qualify
The provision of personal assistant services for persons with disabilities is a matter which comes under the Health Service Executive (HSE).
Summary of employment supports available Wage Subsidy Scheme
The Wage Subsidy Scheme is targeted at private sector employers and is aimed at encouraging the employment of people with disabilities through the provision of financial incentives (a wage subsidy).
Reasonable Accommodation Fund
The Reasonable Accommodation Fund (RAF) assists both jobseekers with disabilities and employers (including the self-employed) to enable a persons with disabilities to enter/re-enter or sustain employment by providing a range of grants. In summary, the fund is comprised of the following four grants:
Employee Retention Grant
The purpose of the Employee Retention Grant Scheme is to assist employers to retain employees who acquire a disability by providing funding to:
- Identify accommodation and/
or training to enable the employee to remain in his/her current position; or
- Re-train the employee so that s/he can take up another position within the company.
Workplace Equipment/Adaptation Grant
Where a person with a disability has been offered employment or is in employment, and requires a more accessible workplace or adapted equipment to do the job, s/he or the employer may apply for a grant towards the costs of adapting premises or equipment.
Job Interview Interpreter Grant
A jobseeker who is deaf, hard of hearing or has speech impairment and is attending job interviews, may apply for funding to have a sign language interpreter or other interpreter to attend the interview with him/her. Funding can also be provided to cover the costs of an interpreter during an induction period when starting work.
Personal Reader Grant
If a person is blind or visually impaired and needs assistance with job-related reading, s/he can apply for a grant to allow him/her to employ a Personal Reader.
Disability Awareness Training Support Scheme
In addition to the RAF, the Disability Awareness Training Support Scheme (DASS) provides funding (a grant) for the provision of Disability Awareness Training for a company's staff. The purpose of the training is to deliver clear and accurate information about disability and to address questions or concerns that employers and employees may have about working with and supporting a colleague with disabilities.
I hope that this information is of assistance to the Deputy.
1003. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the reason there is no response in relation to social welfare appeals some of which are dating back to the middle of 2019; the status of appeals by persons (details supplied); and when a decision will be made. [8086/20]
View answerThe 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 am advised that the Social Welfare Appeals Office that the number of appeals on hand in the Office, as of 1 May 2020, was 7,590. The corresponding figure for the end of 2019 was 8,788.
This year has seen an increase in the number of appeals being finalised. 8,965 appeals were finalised in the period January-April 2020 compared to 6,788 in the corresponding period for 2019.
The average appeal processing time for the year 2019 was 23.8 weeks. There has been some improvement to date in 2020 as the average appeal processing time for the period January to April was 20.7 weeks.
The Social Welfare Appeals Office has also advised me that the queries in respect of the eight individual cases referred to by the Deputy have been answered by way of email directly to the Deputy's office.
I trust this clarifies the matter for the Deputy.
1004. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if it is possible for the purposes of receiving assistance from the Department of Children and Youth Affairs to supply a PPS number or present valid identification in the place of a public services card number in view of the fact that her Department has temporarily postponed the appointment service for allocating the card; and if she will make a statement on the matter. [8109/20]
View answerFollowing contact from the Deputy's office, I am advised that officials in my Department have established that the details supplied do not relate to the question asked and were incorrectly submitted along with the Parliamentary Question.
I understand that the matter at issue is proper to the Department of Children and Youth Affairs.
I hope this clarifies the matter for the Deputy.
1005. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when jobseeker's allowance will issue to a person (details supplied); if an exceptional needs payment can be arranged in the interim; and if she will make a statement on the matter. [8110/20]
View answerThe person concerned submitted a jobseeker's allowance claim on 23/03/2020. However this claim was closed as documentation issued to the address supplied was returned by An Post stating the person was no longer at the address. A subsequent Jobseeker's Allowance claim was submitted on 13/04/2020, I am advised that this was closed due to outstanding documentation not being provided.
I am further advised that there is a basic supplementary welfare allowance claim open since 21/04/2020. Requests for additional information in support of this application were issued to the person concerned on 14/04/2020, 23/04/2020, 06/05/2020 and 13/05/2020. When the requested information is submitted, a decision can be made on this claim.
Should the person concerned be experiencing financial difficulties, it is open to her to submit a request for an Exceptional Needs Payment. The Community Welfare Officer can be contacted on 045 491500 (option 5).
I trust that this clarifies the matter for the Deputy.
1006. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the estimated timeframe for the reopening of the appointment service for allocating the public services card; the arrangements in place for those requiring a card in the intervening period; and if she will make a statement on the matter. [8111/20]
View answerThe SAFE registration process, which my Department uses to authenticate a person's identity, is a face-to-face process which results in the issuing of a Public Services Card (PSC).
Since the outbreak of the Covid 19 Pandemic, my Department has temporarily suspended the SAFE registration process. This decision was taken in order to comply with HSE and WHO guidelines in respect of social distancing.
The re-introduction of the SAFE registration process will be done on a phased basis and is being co-ordinated at a senior level within my Department. Its re-introduction will be done in accordance with all relevant HSE and Government guidelines to ensure the health and safety of the Department's customers and staff.
Anyone who has lost their PSC can contact the Department and a replacement will be issued. Where the Department has written to a person inviting them to renew their PSC, they can do so by post. it should also be noted that the National Transport Authority has confirmed that expired Free Travel PSCs will be accepted on public transport for the time being.
I trust this clarifies the matter for the Deputy.
1007. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a person (details supplied) meets the criteria to receive a State pension (contributory); and if she will make a statement on the matter. [8114/20]
View answerPension entitlement is determined on the basis of the eligibility conditions applicable on the date an individual reaches pension age. The pension age is due to increase to 67 years in 2021. Since the person concerned was born in 1957, they will reach pension age in 2024.
Future pension entitlement will depend on factors such as a person’s social insurance record, their attachment to the workforce, and their countries of employment. It is advisable that all contributors maintain their social insurance record as fully as possible over their working life.
I have arranged for a copy of their social insurance contribution record to issue to the person concerned. They should apply for State pension (contributory) approximately 6 months before reaching pension age. Their entitlement to pension will then be determined on the basis of the eligibility conditions in force and they will be notified in writing of the decision.
I hope this clarifies the matter for the Deputy.
1009. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the reason for stopping the Covid-19 pandemic unemployment payment to residents in direct provision centres who lost their jobs as a result of the crisis; and if she will make a statement on the matter. [8123/20]
View answerThe COVID-19 Pandemic Unemployment Payment was introduced as a time-limited, emergency income support measure to meet the dramatic surge in unemployment as a consequence of the pandemic.
Applicants for International Protection accommodated under the system of Direct Provision operated by the International Protection Accommodation Services of the Department of Justice and Equality are provided with full board accommodation and other facilities and services. People in direct provision receive a daily expenses allowance payment from my Department payable at the weekly rate of €38.80 for adults and €29.80 for children. In this situation, the COVID-19 Pandemic Unemployment Payment is not payable where the person’s needs are being met through the services provided by the accommodation centre and the daily expenses allowance payment.
Where applicants for International Protection live in the community outside the direct provision system, they are eligible for the COVID-19 Pandemic Unemployment Payment if they meet the conditions for the payment.
Applicants for international protection receive can continue to receive assistance under the Exceptional Needs Payment scheme to meet with any costs that cannot be met from their weekly allowance.
I trust that this clarifies the position for the Deputy.
1010. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the actions she plans to take regarding the closure of a business (details supplied); and if changes in legislation are planned to prevent employers taking similar actions in the months ahead specifically in respect of redundancy legislation and the provisions of the Protection of Employees (Fixed-Term Work) Act 2003. [8124/20]
View answerFirstly, I would like to say that my thoughts are with all Debenhams workers who are dealing with job losses at this difficult time. As deputies are well aware, with the exception of grocery outlets, the retail sector has been particularly affected by the economic turmoil caused by Covid-19. Having come through a number of turbulent years and an examinership process, it is regrettable that the Debenhams workers now face redundancy.
I want to assure everybody that the 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.
My officials inform me that the notification and consultation requirements of that Act, as they are construed, have also been complied with.
The employee representatives are aware that there are other avenues of recourse outside seeking ministerial intervention and I hope they consider their options in that regard.
The Protection of Employees (Fixed-Term Work) Act, 2003 offers significant protection to fixed term workers and the purpose of this legislation is:
1. to ensure that fixed term workers are afforded no less favourable treatment than their comparable permanent counterparts and
2. to prevent employers from abusing employees by employing them on a series of successive short fixed term contracts, rather than offering them a permanent one.
An employee who has worked continuously for at least 104 weeks under a fixed-term or specified purpose contract may qualify for a redundancy payment when the contract ends. In order for any permanent employee to qualify for redundancy they also require the same service so there is no distinction under the Fixed Term Work Act.
I trust this clarifies the matter for the Deputy.
1011. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection her plans to amend the law suspending the right of workers to claim redundancy payments to exclude from the law workers whose employers have had a liquidator appointed by the High Court and that are therefore closed permanently; if so, when is it planned to amend same; and if she will make a statement on the matter. [8128/20]
View answerI understand this question to be related to the recent emergency legislation which was enacted by way of Section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020. This measure effectively suspends the provisions of Section 12 of the Redundancy Payments Act 1967 (as amended) which relate to the rights of an employee to claim a redundancy entitlement from their employer after temporary periods of lay-off and short-time work during the Covid-19 emergency period.
Unfortunately in situations where a company is insolvent and a liquidator has been appointed by the court, the reality is that employees will be made redundant by their employer. I have no statutory power to intervene in such court supervised liquidations which is governed by company law. My Department provides a safety net for employees in these situations and statutory redundancy payments and other wage related entitlements can be made from the Social Insurance Fund.
1012. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection the number of applications from counties Longford and Westmeath for the domiciliary care allowance in 2019 and to date in 2020, in tabular form; the number of applications that were refused in the same period; and the number later granted on appeal for the same period. [8163/20]
View answerThe data requested in respect of domiciliary care allowance (DCA) is not routinely collated on an individual county basis and as a result is not available.
National data, for 2019, the last full year for which data on DCA is available, is shown below. Details of the applications processed in 2019, together with the outcomes, both at initial decision stage and subsequently on appeal are listed below .
DCA applications processed and outcomes 2019.
|
Year |
Applications Processed |
Awarded |
Refused |
Withdrawn |
|
2019 |
8,784 |
5,886 (67%) |
2,875 (33%) |
23 |
Appeals processed 2019.
|
Year |
Appeals finalised |
Cancelled or Withdrawn |
Revised by DCA section |
Decided by Appeals Officer (AO) |
Allowed by AO |
Partially allowed |
Not allowed by AO |
|
2019 |
1,703 |
44 |
517 |
1,142 |
811 (71%) |
10 (0.9%) |
321 (28.1%) |
The appeals finalised in any particular year do not generally correspond to applications refused in the same year, therefore it is not possible to provide an exact percentage of applications refused and subsequently appealed. For example, appeals processed in the first half of a calendar year can typically refer to refusals from the previous calendar year or even earlier as acceptance of late appeals is at the discretion of the Chief Appeals Officer.
I hope this clarifies the matter for the Deputy.
1013. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection if those in receipt of the pandemic unemployment payment will be entitled to the back to school clothing and footwear allowance. [8166/20]
View answerThe back to school clothing and footwear allowance (BSCFA) scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The Government has provided €53.98m for the scheme in 2020 which operates from June to September.
The allowance is payable in respect of eligible children between the ages of 4 and 17 in respect of whom a qualified child allowance is being paid and eligible children between the ages of 18 and 22 who are in full-time second level education and in respect of whom a qualified child allowance is being paid.
I am currently considering proposals to make the necessary arrangements so as to ensure that those in receipt of the Pandemic Unemployment Payment with qualified children, and who need to avail of the back to school clothing and footwear allowance scheme, will be able to do so.
I trust this clarifies the matter for the Deputy.
1014. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a Covid-19 payment will be made available to a person (details supplied); and if she will make a statement on the matter. [8184/20]
View answerThe Covid-19 Pandemic Unemployment Payment (PUP) was introduced by my Department in response to the Covid-19 pandemic. It is an income support payment for both employees and the self-employed who have become fully unemployed due to a downturn in economic activity related to Covid-19. One of the qualifying criteria for this payment is that the person is aged between 18 and 66 years. Unfortunately on this basis the person concerned does not qualify for this income support.
According to the records of my Department, the person concerned is currently in receipt of a State Pension (contributory).
If the person concerned is experiencing financial difficulties it is open to him to contact his local Community Welfare Service in the Newbridge Intreo Centre where his circumstances will be assessed. Under the Supplementary Welfare Allowance scheme, my 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. There is no automatic entitlement to these payments which are payable at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the case, in order to ensure that the payments target those most in need of assistance.
The Community Welfare Service can be contacted by phone at 045 491500 (option 5).
I trust that this clarifies the matter for the Deputy.
