Written Answers Nos. 954-978
954. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection the estimated savings from cutting the pandemic unemployment payment in view of the resulting increases in other benefits for current recipients. [10896/20]
View answerThe COVID-19 Pandemic Unemployment Payment is an emergency payment introduced by the Government for an initial 12 week period for employees and self-employed people who have lost all their employment due to the COVID-19 public health emergency.
The 2020 Revised Estimates, passed by the Dáil on 28 May 2020, provides for an allocation of €2.23 billion for the Pandemic Unemployment Payment based on the scheme operating for a 12 week period. This was part of an overall increase in Departmental funding of €6.8 billion, above that provided for in the original estimate, in response to the COVID-19 public health emergency.
The Deputy will also be aware that I have announced my intention to extend the availability of the Pandemic Unemployment Payment from 9th June to 10th August, with adjustments in the rate of payment for those previously earning less than €200 per week. Given the decision to extend the duration of the Pandemic Unemployment Payment, the issue of savings does not arise.
955. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection her views on the decision by a company (details supplied) to lay off all its employees based here while continuing to operate in Ireland with employees based outside the State; her further views on its announcement that redundancy paid to employees will be only statutory entitlements; her further views on the lack of consultation with employees regarding the plans; if the company contacted or informed her of its plans; and if she will make a statement on the matter. [10902/20]
View answerFirstly, I would like to say that my thoughts are with all CityJet workers who are faced with job losses at this difficult time. 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.
When selecting a particular employee for redundancy, an employer is required to apply selection criteria that are reasonable and fair. An employee is entitled to submit a claim to the Workplace Relations Commission (WRC) under the Unfair Dismissals Acts if they believe they were unfairly selected for redundancy or consider that a genuine redundancy situation did not exist.
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 WRC. It is an offence under the Act for an employer to fail to comply with sections 9 or 10.
There is also 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. I received official notification of the proposed collective redundancies in CityJet in a letter dated 21 May 2020, which my officials inform me complied with the requirements under section 12 of the Protection of Employment Act 1977.
In relation to redundancy payments, an employer is only legally obliged to pay the statutory redundancy entitlement, as provided for in the Redundancy Payments Act 1967. Any arrangement outside statutory redundancy is a matter for negotiation and agreement between the employees (and their union representatives, where applicable) and the employer. In that context, Ireland has an advanced industrial relations framework, which includes potential assistance from the WRC, where required.
I trust this clarifies the matter for the Deputy.
956. Deputy Louise O'Reilly asked the Minister for Employment Affairs and Social Protection if pandemic supports will be extended for the photography and videography sectors in order that they can have the certainty required to keep businesses going until Ireland exits the Covid-19 crisis and enters a stable recovery period for small and medium businesses. [11116/20]
View answer957. Deputy Louise O'Reilly asked the Minister for Employment Affairs and Social Protection the future of the pandemic unemployment payment in the event workers still require financial support in cases in which their employment is not fully operational until mass gatherings are permitted; and the plans in place for the event industry. [11117/20]
View answer973. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the steps she is taking to support those working in the photography and videography industry whose businesses have been wiped out due to Covid-19 restrictions and numerous cancelled events as a result; if she will extend supports to such sectors in view of the fact they will be slow to recover to return to some sense of normal business; if her officials have had discussions with representatives from this sector; and if she will make a statement on the matter. [10581/20]
View answer979. Deputy John Lahart asked the Minister for Employment Affairs and Social Protection if she considered the request from an organisation (details supplied) with regard to implementing a time extension on pandemic supports to photography and videography businesses, giving its members the certainty required to keep their companies going until there is a recovery for the industry. [10689/20]
View answer980. Deputy Duncan Smith asked the Minister for Employment Affairs and Social Protection if she will extend the pandemic unemployment payment to make it available to all limousine SPSV owners and staff who have been out of work due to the restrictions imposed due to the Covid-19 outbreak; and if she will make a statement on the matter. [10695/20]
View answer984. Deputy Martin Kenny asked the Minister for Employment Affairs and Social Protection if the pandemic unemployment payment will be extended for those employees who work full time on zero-hour contracts and do not have full-time contracts of employment; and if she will make a statement on the matter. [10748/20]
View answer1019. Deputy Christopher O'Sullivan asked the Minister for Employment Affairs and Social Protection if the pandemic unemployment payment and temporary wage subsidy scheme will continue for event and arts workers until the mass gathering bans and social distancing are not required for medical safety. [11444/20]
View answerI propose to take Questions Nos. 956, 957, 973, 979, 980, 984 and 1019 together.
The COVID-19 pandemic unemployment payment was introduced as a time limited emergency measure in response to the pandemic and Government has approved the extension of this payment until 10th August. Changes were also announced to the structure of this payment which means that it continues to be a strong support but is also fair and targeted.
The Government is aware that there are certain sectors which will be affected by business closures longer than others and the confirmation that this payment will be available until early August provides financial certainty to people affected. My colleague, the Minister for the Department of Business, Enterprise and Innovation has introduced a range of supports and guidance to assist businesses with their recovery from the severe financial impacts of the pandemic and the details are available on that Department's website at www.dbei.gov.ie.
The conditions for receipt of this emergency payment are that a person must be of working age between 18 and up to 66 years old, have been in employment immediately before 13th March and have lost their income from employment due to the pandemic. Where a person does not meet the conditions for receipt of the pandemic unemployment payment and they are unemployed for 4 days or more in a week they can apply for the social-insurance based jobseekers benefit or means tested jobseekers allowance. Any person who is experiencing financial hardship may be eligible for other financial support under the supplementary welfare allowance.
The Employment (Miscellaneous Provisions) Act 2018 which I introduced on the 4th March 2019 provides that zero hour contracts are prohibited except in situations of genuine casual employment and where they are essential to allow employers to provide cover in emergency situations or to cover short-term absence. This important legislation will improve the security and predictability of working hours for employees on insecure contracts.
I hope that this clarifies the position.
958. Deputy Gary Gannon asked the Minister for Employment Affairs and Social Protection if the pandemic unemployment payment will be made a qualifying payment for the back to education allowance. [11398/20]
View answerThe back to education allowance (BTEA) provides income support for jobseekers and others in receipt of certain social welfare payments that pursue courses of education at second or third level. The main focus of the BTEA is to assist qualifying applicants to improve their educational qualifications and improve their prospects of gaining employment.
It is expected that, during the course of the accelerated Roadmap to recovery, as many people as possible in receipt of the Covid-19 pandemic unemployment payment will return to employment prior to the commencement of the 2020/21 academic year. At the point of commencement of a new course of education a person previously in receipt of this payment will be required to establish an entitlement to a Jobseekers payment to qualify for the BTEA .
A potential BTEA customer will not be adversely effected by time spent in receipt of the Covid-19 pandemic unemployment payment when it comes to calculating the qualifying period for BTEA.
Any changes to the BTEA qualifying payments criteria would need to be considered in the overall policy and budgetary context. The Student Universal Support Ireland (SUSI) grant payable by the Department of Education and Skills represents the primary support for persons pursuing education.
I trust this clarifies the matter.
959. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection the status of redundancy payments post Covid-19 in which the businesses' turnover has been substantially impacted and they are not in a financial position to pay yet continue to trade. [10482/20]
View answerEntitlement to a redundancy payment is set out under the Redundancy Payments Act. It is the employer’s responsibility to pay statutory redundancy payments to eligible employees.
In situations where an employer is unable to pay these entitlements due to financial difficulties or insolvency an application for payment under the Redundancy Payments Scheme may be submitted to the Department. The Department will make the statutory redundancy payment to eligible employees on behalf of the employer.
The Redundancy Payments Scheme is funded from the Social Insurance Fund. When such a redundancy payment is made from the fund, a debt is raised against the employer. The Department will engage with employers to establish their financial situation on a case by case basis and will seek to recover the debt on a mutually agreed basis, including repayments by instalment, where appropriate. This ensures that the scheme takes into account both an employer's ability to pay redundancy payments and that the Social Insurance Fund can be reimbursed in due course.
961. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection her plans to address bogus self-employment in the acting sector; the way in which she plans to address those in the sector who have failed to qualify for the pandemic unemployment payment as a consequence of misclassification of their employment status; and if she will make a statement on the matter. [10492/20]
View answer977. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that bogus self-employment practices are still in use in RTÉ; and if she will make a statement on the matter. [10665/20]
View answer978. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to a deadline for the publication of a report (details supplied) reviewing actors' contracts at RTÉ to ascertain if they have attributes akin to employment; and if she will make a statement on the matter. [10666/20]
View answerI propose to take Questions Nos. 961, 977 and 978 together.
I am on record as stating that I and my Department am committed to tackling the issue of false self-employment. The deliberate misclassification of a worker as a self-employed contractor, in a situation where they are actually working as an employee, is wrong. There are robust arrangements in place for dealing with complaints of bogus self-employment through my Department. I also progressed a number of new initiatives over the past year to combat this phenomenon.
Firstly, I established a new, dedicated unit of Social Welfare Inspectors – the Employment Status Investigation Unit (ESIU) – with a special focus on targeting and reducing false self-employment nationwide for the purpose of supporting employment rights and the integrity of the Social Insurance Fund.
Additionally, there are approximately 350 Social Welfare Inspectors appointed nationwide who carry out work across the various social welfare schemes, some of whom are specifically engaged in a programme of employer inspections. Collaboration is also ongoing between my Department and other agencies including the Revenue Commissioners and the Workplace Relations Commission.
Legislative proposals are also in train including:
- anti-victimisation measures to give workers recourse to the Workplace Relations Commission if they feel they have been victimised by their employer as a result of questioning their employment status, and
- the introduction of a new criminal offence of wilfully misclassifying a worker as being self-employed.
The Department will investigate and make a formal decision in relation to any case of employment status that comes before it. Where misclassification of workers is detected, the correct status and class is determined and social insurance arrears are collected. Under the Social Welfare Consolidation Act, 2005, as amended, there are specific offences in relation to employment contributions. On conviction, fines and/or imprisonment can ultimately be imposed. Where evidence of non-compliance is detected, this will be pursued.
While I am advised that there have been no targeted investigations of the acting sector to date, and there has been no case recently raised with the Department by anyone from that sector, the Department is aware that RTÉ requested Eversheds solicitors to conduct a review of the employment status of Fair City actors. (This review is separate and distinct from RTÉ's recently completed contractor review). I am informed that the finalisation of the review has been delayed due to the impact of the Covid-19 pandemic and RTÉ anticipates that a report will be forthcoming by the second week in July 2020. The Department will seek further information from RTÉ when the review has been completed.
With regard to the Pandemic Unemployment Payment scheme, this emergency scheme is open to employees and self-employed alike. The issue of false self-employment is not a factor in the qualifying conditions for the scheme.
I trust this clarifies matters for the Deputy.
962. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection her plans for a complete moratorium on the facility for employers to dismiss workers on grounds of redundancy during the period in which section 12 of the Redundancy Payments Act 1967 remains suspended; and if she will make a statement on the matter. [10495/20]
View answerFirstly, I would like to say that my thoughts are with all workers who are dealing with job losses or facing the prospect of redundancies at this difficult time. I want to assure you that my Department is assisting 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 and will continue to do so.
An all-of-Government approach has been taken to financially support workers and businesses alike during the emergency period. In addition to the existing range of social welfare support schemes, the Government has put in place the ‘National COVID-19 Income Support Scheme’. This includes-
- the temporary wage subsidy scheme to help affected companies keep paying their employees, maintain the employment relationship and keep businesses viable in order to prevent redundancies;
- the emergency Pandemic Unemployment Payment for both employed and self-employed workers who have suffered a collapse in income.
The emergency legislation which was enacted recently 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. This was done to mitigate against the increased risk of insolvencies in the event of mass redundancies over a short period of time, which would only exacerbate the risk of further permanent job losses and redundancies. It is also important to ensure that employees have a continued link to their job and have a pathway to return to their employment.
In implementing all of the above the Government has already put in place significant measures which are helping to prevent redundancies.
I fully understand that the proposal to withdraw an employer's right to make employees redundant for the same period as the suspension of Section 12 is motivated by a desire to protect employee rights. However, there are considerable difficulties with the principle of the proposal and it could have far reaching and significant unintended consequences, including an interference with individual contracts of employment. Furthermore, it cannot be said that all employees will want the redundancy provision removed as is suggested. Employees may have significant service with an employer, and as significant stakeholders in a business be aware that the business is struggling and redundancy may be the better option for some of them. Restricting their right to access a redundancy payment and seek new work opportunities or reskilling opportunities is a very real issue for them.
The proposal could also create a risk to an employee's right to a redundancy payment. The State does not have the power to stop a business closing or to prevent liquidations once the provisions of company law are complied with. Unfortunately the closure of the business will happen in some circumstances and this is a very real concern for many business right now, including many small businesses endeavouring to stay in business. If the right of the employer to make an employee redundant is taken away this could jeopardise an employee’s right to compensation by way of a redundancy payment while the liquidation of that company is underway.
It is also important to bear in mind why redundancy provisions are used. If a business is in trading and in financial difficulties very often one of the mechanisms used to save that business (which in turn saves some jobs) is redundancy. An employer may downsize their business and reduce their workforce by way of redundancies in order to continue to be viable. If the right of the employer to make employees redundant is removed it could result in more permanent job losses.
Employers have to make decisions on the ongoing viability of their firms in real time and having regard to real circumstances – particularly in circumstances where revenues have collapsed for many firms. The proposal could involve compelling an employer to continue trading. Directors of firms have, under company law provisions, very serious and personal responsibilities to ensure that they are in a position to continue to trade and importantly not to trade whilst insolvent.
Finally, and this is important for employees who may be in a position to negotiate a redundancy package with the many genuine employers in our economy, if a company is restricted from making employees redundant and has to retain them on payroll, the assets of that company will dissipate and mean that any negotiated redundancy package has less chance of success.
963. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the specific legal barrier that would prevent the use of section 202 to provide a payment of €350 to persons over 66 years of age who have lost their employment due to Covid-19 in view of her comments in Dáil Éireann on 20 May 2020. [10498/20]
View answer969. Deputy Claire Kerrane asked the Minister for Employment Affairs and Social Protection if she has considered awarding the pandemic unemployment payment to those at work aged 66 years and over; if so, the estimated cost of extending the payment to cover such persons at work; and if she will make a statement on the matter. [10529/20]
View answer1003. Deputy Rose Conway-Walsh asked the Minister for Employment Affairs and Social Protection if she will address the anomaly of workers over 66 years of age being excluded from the scheme in the context of the review on Covid-19 payments; and if she will make a statement on the matter. [11077/20]
View answer1018. Deputy Pa Daly asked the Minister for Employment Affairs and Social Protection if she will make provisions for those over 66 years of age who have been working and contributing up until the Covid-19 crisis to receive some form of pandemic unemployment payment in view of the fact they are now without a source of income. [11439/20]
View answerI propose to take Questions Nos. 963, 969, 1003 and 1018 together.
The COVID-19 Pandemic Unemployment Payment is a time-limited support and is intended as a financial shock-absorber for people of working age, between 18 and up to 66 years, who become unemployed and whose income has collapsed due to the pandemic. The age range for entitlement to the pandemic unemployment payment is consistent with other jobseeker and social protection income supports paid to working age persons.
People aged 66 years and over are provided for within the Social Protection income support framework through the State Pension, either the contributory State pension or the non-contributory means tested pension, and a range of ancillary supports that are aligned to the particular circumstances of older people and are significantly more valuable than those generally available to the working age. People aged 66 or over do not pay any social insurance contributions.
A person in receipt of the State Contributory Pension, which is based on PRSI contributions, can retain all of their State pension as well as their employment income and retain that pension payment if they lose employment income, thus guaranteeing an income support. If a person is not in receipt of the maximum rate of State Pension Contributory, they may be eligible for an increased weekly rate of payment on the State non-contributory means tested pension depending on their circumstances.
Persons in receipt of the non-contributory or means-tested pension who are also in receipt of an employment income may have their pension payment increased if they lose that employment income or if it is reduced. Similarly if a person aged over 66 who did not previously qualify or make an application for a means-tested pension may qualify for a pension payment if their circumstances change .
The Department does not hold data on the number of persons aged 66 years and who have lost their employment as a result of the pandemic.
A person of any age who is experiencing financial hardship can access assistance under the supplementary welfare allowance scheme including Exceptional and Urgent Needs Payments where the need is demonstrated.
I trust this clarifies the position at this time.
964. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection if there is a requirement to pay PRSI on the pandemic unemployment payment; and if not, if this will be reckoned as a break in employment and that no contributions will be reckoned during the period in which recipients are deemed unemployed. [10505/20]
View answerThe COVID- 19 Pandemic Unemployment is not subject to PRSI. It is proposed that workers in receipt of the Pandemic Unemployment Payment and the Temporary Wage Subsidy Scheme should be granted paid contributions for the duration of the emergency measures. This will be important in order to protect a person’s entitlement to future payments - both long-term payments such as pensions and shorter term payments such as Illness, Maternity and Paternity Benefits which require a contribution record up to the date at which benefit is claimed. Primary legislation is required for this proposal.
I trust this clarifies the position at this time.
965. Deputy Michael Moynihan asked the Minister for Employment Affairs and Social Protection the reason two transaction payments to An Post for each double social welfare payment are not being made by her Department; if consideration has been given to the financial impact of this revenue cut to An Post; if the efforts made by post offices nationwide to remain open to the public through the Covid-19 crisis will be acknowledged; and if she will make a statement on the matter. [10512/20]
View answerMy Department is very appreciative of all the work done by both An Post and the Postmasters in delivering essential welfare cash payments to the public in these difficult times. Their efforts have maintained the delivery of 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.
Some payments, such as Maternity Benefit, Paternity Benefit and Parental Benefit, which are paid exclusively into a customer’s bank account by Electronic Fund Transfer, have reverted to a weekly payment pattern.
Under the terms of the cash services contract with An Post, there is a tiered pricing structure which protects both parties against any significant fluctuations in transaction volumes. My Department will honour its contractual commitments to An Post.
The two-week payment cycle will be kept under review in the context of the current crisis and the need for social distancing and I look forward to a continued excellent working relationship with An Post.
966. Deputy Cormac Devlin asked the Minister for Employment Affairs and Social Protection the number of staff employed in the State pension, contributory, section; the average processing time for a State pension, contributory, application; and if she will make a statement on the matter. [10513/20]
View answerThe state pension (contributory) scheme is centrally administered from the Department’s offices located at College Road, Sligo.
Details of the number of staff engaged in processing applications for state pension (contributory) are shown as follows.
|
State Pension Contributory (SPC) |
No. of staff (whole time equivalents) |
|
Claims from applicants within ROI |
29.3 |
|
Claims from outside ROI |
14.1 |
In addition to processing applications from primary claimants and requests for reviews, deciding officers process applications for increases including (and not limited to) for qualified adult; fuel allowance; living alone increase.
The staffing needs for all areas within my Department are continuously reviewed, taking account of workloads, management priorities and the ongoing need to respond to new increasing and urgent demands in delivering a wide range of services. This is to ensure that the best use is made of all available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department.
My Department is committed to ensuring that state pension (contributory) claims are processed as expeditiously as possible.
According to the latest figures available at end-May 2020, the average processing time achieved is 4 weeks.
Processing of contributory pension claims depends on the individual nature of social insurance records and the applicant's circumstances. It is also dependent on the completeness of the application and the availability of the required information.
I hope this clarifies the matter for the Deputy.
968. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection if provisions will be made to recoup annual leave entitlements for workers who were put on annual leave because of the public health emergency before the TWSS intervention was made; and if she will make a statement on the matter. [10523/20]
View answerSection 20 of the Organisation of Working Time Act 1997 sets out the key parameters for the taking of annual leave and payment for same. The times at which annual leave is granted is ultimately determined by the employer, having regard to the work requirements and subject to the employer taking into account the employee's need for rest and recreation and their need to reconcile work and family responsibilities. The employer is obliged to have consulted the employee or the relevant trade union, if any, not later than one month before the day on which the annual leave is due to commence.
It should be noted that the section further provides that nothing prevents employers and employees from entering into arrangements that are more favorable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.
It is understood that the strong legislative provisions already in place allow businesses and employees the flexibility to navigate current events in the context of annual leave and, therefore, no legislative amendments are currently proposed that would impact on annual leave taken in line with the provisions of the Organisation of Working Time Act.
Where an individual believes they are being deprived of their employment rights, they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. Complaints can be made on a single online complaint form available at the WRC’s website: www.workplacerelations.ie.
I trust this clarifies matters for the Deputy.
970. Deputy Claire Kerrane asked the Minister for Employment Affairs and Social Protection the status of plans to make backdated payments available to those in receipt of the pandemic unemployment payment; and if she will make a statement on the matter. [10530/20]
View answer1015. Deputy Norma Foley asked the Minister for Employment Affairs and Social Protection her plans to pay arrears of the pandemic unemployment payment; and the time frame for same. [11386/20]
View answer1036. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the number of persons who are due arrears of the Covid-19 pandemic unemployment payment; and when these arrears payments will be made. [11597/20]
View answerI propose to take Questions Nos. 970, 1015 and 1036 together.
The emergency Covid-19 Pandemic Unemployment Payment has been introduced as a time-limited emergency measure so that payments can be made as quickly as possible to the large number of people who have become fully unemployed due to the pandemic.
During the month of March, my Department received and processed jobseeker claims equivalent in number to a three year claim-load. These applications were processed as quickly as possible, with almost 59,000 people paid in the first week of the scheme, 283,000 people paid in the following week, and over 507,000 people in the third week of the scheme. To date, almost 6.5 million payments have issued to just over 670,000 individuals at a cost of over €2.25 Billion.
Currently, the Department is focused on processing and managing payments to ensure that they continue to be made to all who qualify for them. The work involved in doing this is complex, with people joining and leaving the scheme each week, along with management of overlaps between the Covid-19 Pandemic Unemployment Payment and the Revenue Temporary Wage Subsidy Scheme.
The Department is aware that many people are due some arrears and that each person’s case is unique. This means that each person’s application may need to be individually reviewed. Accordingly, I am advised that the figures requested by the Deputy are not available at this time.
It will take time to review all of the applications and assess for back payments. I can assure the Deputies that all cases will be examined and where arrears arise they will be processed and claimants will be notified.
I trust this clarifies the matter for the Deputies.
971. Deputy Réada Cronin asked the Minister for Employment Affairs and Social Protection her views on the case of a person (details supplied); and if she will make a statement on the matter. [10539/20]
View answerChild Benefit is payable in respect of children who are ordinarily resident in the State, regardless of citizenship, provided the applicant satisfies the habitual residence condition. Notwithstanding this, Child Benefit is classified under EU law as a Family Benefit. Applicants whose entitlement to Child Benefit derive from the application of the provisions EU Regulation 883/04 do not have to satisfy the habitual residence condition, as European legislation takes precedence over Irish legislation.
As a family benefit, Child Benefit is exportable in cases where the applicant is working in Ireland, but where the child is living in another EU/EEA states. However, the exportability of Child Benefit does not extend to children who are living in non-EU/EEA states, regardless of the citizenship of the child.
Under domestic legislation, Child Benefit is paid to the parent that the child resides with predominantly and therefore the constituent in this case does not, based on the details provided, appear to satisfy conditions for payment under domestic rules or EU rules.
972. Deputy Duncan Smith asked the Minister for Employment Affairs and Social Protection the status of an application for jobseeker’s allowance by a person (details supplied); if same will be expedited; and if she will make a statement on the matter. [10585/20]
View answerAccording to the records of my Department, the person concerned was awarded a Jobseeker’s Allowance payment of €203 per week with effect from 24/03/2020. A payment for €2,469.80 covering the period 24/03/2020 to 16/06/2020 was paid to his nominated bank account on 10/06/2020.
I trust this clarifies the matter.
974. Deputy Frankie Feighan asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) was refused maternity benefit despite a genuine appeal and reasoning behind the person's late application; and if she will make a statement on the matter. [10599/20]
View answerA claim for maternity benefit from was received form the person concerned outside of the prescribed time limits and as a result it was not initially awarded. Further information was requested in relation to the claim and the reason for the late submission to the department. Following a review she was notified that her claim was again refused.
The department has now reviewed her claim again along with all of the information provided in relation to reasons for the late submission. A revised decision has now been made on 08th June 2020 awarding the maternity benefit. A decision letter is in the post and payment will issue to her shortly.
I trust this clarifies the matter for the Deputy.
975. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection if a series of matters raised in correspondence by a person (details supplied) will be examined; if the person's employer is covered by the Covid-19 emergency legislation regarding redundancy; if not, if the employer has to comply with normal redundancy legislation; and the section of the industrial legislation that covers same. [10626/20]
View answerThe recent emergency amendment to redundancy legislation relates only to the right of an employee to claim a redundancy payment from their employer following periods on lay-off or short time work caused by the Covid-19 crisis. Normally if an employee is laid off or put on short-time work, Section 12 of the Redundancy Payments Act provides that the employee can claim redundancy from their employer after specific periods on lay-off or short-time work. This provision has been temporarily suspended until 10th August 2020 in circumstances where the lay-off or short time work arose as a consequence of the Covid-19 crisis. The suspension was considered vital to ensure the future viability of businesses and to help prevent further permanent job losses.
All other provisions of the Redundancy Payments Act 1967 remain unchanged. In situations where an employer has to make an employee redundant the employer is obliged to comply with the existing provisions outlined in the Redundancy Payments Act 1967. Under section 17 of that Act an employer who proposes to dismiss an employee by reason of redundancy must give that employee notice of the redundancy at least 2 weeks before the date of dismissal.
Employees may also be entitled to longer periods of notice under Section 4 of the Minimum Notice and Terms of Employment Act 1973 depending on their length of service. The table attached gives details of the required notice for different periods of service. Furthermore Section 5 and Schedule 2 of the 1973 Act provide that if an employee is made redundant and they are not required to work out the notice or there is no work available, they are entitled to payment in lieu of notice.
In the event of a dispute the employee's recourse is to make a complaint to the Workplace Relations Commission (WRC) for a determination by an adjudication officer. The WRC is the organisation which is mandated to secure compliance with employment rights legislation. The person in question should contact the Customer Service section of the WRC , who operate a telephone helpline at 1890 808090, in relation to their concerns regarding their employment rights. A key function of the Customer Service section is to provide information in relation to employment, equality and industrial relations rights and obligations, and how to obtain redress where appropriate.
Notice periods under the Minimum Notice and Terms of Employment Act 1973
|
Length of service |
Minimum Notice |
|
2 years and up to 5 years |
2 weeks |
|
5 years and up to 10 years |
4 weeks |
|
10 years and up to 15 years |
6 weeks |
|
Over 15 years |
8 weeks |
976. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection if the decision to cease the child benefit of a person (details supplied) on the grounds that the person is no longer in the country will be reconsidered in view of the Covid-19 pandemic and the particular circumstances. [10628/20]
View answerEntitlement to Child Benefit is reviewed on a case by case basis, with due consideration given to difficulties arising due to the current COVID-19 pandemic. Each case is assessed on its own merit taking full account of the individual circumstances.
In the case of the person concerned, Child Benefit was paid up to 31/05/2020. Correspondence issued to the person concerned via email on the 7th May 2020 requesting details of her circumstances including any relevant travel documents concerning her absence from the state. A response has been received and the case has been reviewed based on the evidence provided. Payment of Child Benefit has been restored with effect from the 1st June 2020. She will receive her normal monthly payment in July, along with the arrears due for June.
I trust this clarifies the matter for the Deputy.
