Written Answers Nos. 807-826
807. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection if a business that takes on 90% of its previous staff but lays off 10% for commercial reasons will be liable for redundancy payments; and if she will make a statement on the matter. [11776/20]
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 to eligible employees 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 seeks 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.
The Government is very conscious of the need to support businesses during this crisis and has provided a range of financial supports and services to assist them. The Department of Business, Enterprise and Innovation has agreed a major expansion of business supports that have been developed for companies dealing with the COVID-19 pandemic. Employers can contact a dedicated Business Support Call Centre, available at 01 631 2002 and at infobusinesssupport@dbei.gov.ie. This provides information on the range of Government supports available to businesses and enterprises affected by COVID-19. This information is also available at www.dbei.gov.ie or via Gov.ie. This is in addition to the Temporary Wage Subsidy Scheme which supports employers from the private sector to maintain wages for their employees as a means of mitigating this significant economic disruption.
808. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection her views on a matter regarding the case of a person (details supplied); and if she will make a statement on the matter. [11784/20]
View answerA request has been received from the sponsor to extend the participation of the person concerned on his current Community Employment Scheme. This request is currently being examined and a reply will issue to the sponsor shortly.
I trust this clarifies the position.
809. Deputy Carol Nolan asked the Minister for Employment Affairs and Social Protection if her Department has a diversity and inclusion policy in place; the measures taken to promote diversity and inclusion from 1 January 2019 to date; and if she will make a statement on the matter. [11824/20]
View answerThe Treaties of the European Union, European Charter of Fundamental Rights and Employment Equality Directive, guarantee the right to equality and non-discrimination and there are nine grounds (Gender, Marital Status, Family Status, Age, Disability, Race, Sexual Orientation, Religious Belief, Membership of the Traveller Community) for discrimination under legislation in this State.
In line with goals and outcomes identified in the People Strategy for the Civil Service 2017/2020, my Department is committed to ensuring a working environment that is fair, transparent and equitable to every member of staff and the customers it serves regardless of individual characteristics and differences. Diversity and inclusion is integral to the Department's policies both with respect to the services it offers to its clients and in its internal policies and procedures.
This Department is actively implementing its HR policies so as to ensure our staff enjoy a positive working environment through the provision of awareness, education and support for managers and also putting in place the resources and support for staff to attain their maximum career potential by the provision of equal opportunities in the areas of mobility, learning and development programmes, promotion and staff engagement. The Department's human resources (HR) unit has established a dedicated diversity and inclusion functional unit to develop supports and initiatives across the Department's business area.
In the area of disability the Department has a full-time Disability Liaison Officer to provide the necessary workplace accommodation and other relevant supports for people with disabilities employed in the Department and to ensure that it meets its obligations under the Disability Act, 2005. The Department has recently reported on an employment rate of 6.96% in 2019, for people employed in the organisation who have declared a disability, far exceeding the employment target of 3% across the Civil Service.
The Department's recruitment processes, in collaboration with the Public Appointments Service, and internal promotional competition processes are in line with the Commission for Public Service Appointment's codes of practice ensuring equity, fairness, equal opportunity, diversity and inclusion for all applicants.
In 2019, as a strategic programme under the its Engagement and Innovation staff initiative the Department, together with its staff, developed an internal LGBT+ network to promote awareness and education in this area, ensuring staff feel comfortable in their working environment irrespective of gender identity or sexual orientation. The network, supported by HR, has delivered outcomes for staff including information guides, e-learning opportunities and celebration of Pride 2020 across the Department. The Department is also a member of a cross-departmental LGBT+ network established in 2020.
My Department integrates diversity and inclusion in its learning and development programmes for all staff, including disability, dignity and work and inclusion modules as part of its induction and customer service programme for all new entrants. The Department's QQI accredited learning programmes in partnership with National College of Ireland, aimed at staff in front-line roles, incudes a specific focus on diversity and inclusion.
I trust this clarifies the matter for the Deputy.
810. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the status of JobPath; when it will end; and if she will make a statement on the matter. [11867/20]
View answer811. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection her plans for labour market activation schemes after JobPath expires; and if she will make a statement on the matter. [11868/20]
View answer812. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection her plans to extend JobPath referrals and the relevant contracts for an additional 12 months in view of the likely economic fallout due to the Covid-19 public health emergency; and if she will make a statement on the matter. [11869/20]
View answerI propose to take Questions Nos. 810 to 812, inclusive, together.
In 2019, my Department activated the extension provisions within the existing contracts of both JobPath providers that will enable referrals to the JobPath service until end-2020.
Normal labour activation services were suspended in recent months in accordance with public health guidelines, although engagement with clients continued by phone where possible. However, in parallel with the Intreo service, our contracted PES have resumed activation activities for new referrals. It is vital that we continue to engage with the long-term unemployed and other cohorts to ensure they do not become further distant from the labour market. This will be undertaken with due regard to public health requirements.
In common with all contracted public employment services, my Department is examining all options for the provision of services in 2021 with due regard to the labour market impacts of Covid-19 and the associated restrictions.
My Department engaged external consultants to review all current contracted public employment services (PES), including JobPath. Their report, currently being finalised, will inform the Government's decision on the future structure of all contracted public employment services. It is essential that we ensure our labour market activation services are fit-for-purpose and provide value for money. This must be balanced against the pressing need to ensure that these key services are in situ when needed by those who have lost their jobs arising from the economic impact of the pandemic.
813. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the position regarding child maintenance services; her plans in this regard; and if she will make a statement on the matter. [11870/20]
View answerIssues relating to child maintenance are a matter for my colleague, the Minister for Justice and Equality, who has responsibility for the Family Law Acts, which govern maintenance requirements.
However, in order to address child maintenance and liable relative procedures, insofar as they relate to schemes in my Department, I established a Child Maintenance Review Group to examine a number of issues regarding child maintenance. Specifically, the group is tasked with examining whether there is a case for the establishment of a child maintenance agency in Ireland. It will be chaired by former Circuit Court Judge Catherine Murphy.
The purpose of the Child Maintenance Review Group is to consider and make recommendations on:
- The current treatment within the Department of Employment Affairs and Social Protection of child maintenance payments;
- The current provisions relating to the liable relatives regarding child maintenance; and
- The establishment of a State Child Maintenance Agency.
The Child Maintenance Review Group's work will get underway shortly.
A number of issues regarding child maintenance have arisen during the Covid-19 pandemic. Where a One Parent Family recipient is no longer receiving their usual maintenance payment, for example because the liable relative concerned has lost their job, they should contact their local Intreo Centre to provide a declaration to that effect. This will allow their means to be reassessed on that basis for a period of 12 weeks, following which the situation will be reviewed.
Given that the family courts are not hearing maintenance cases during the pandemic, this situation will be carefully monitored on an ongoing basis, to ensure that there are no difficulties or hardship for this group of customers.
814. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the status of the tender process regarding the provision of the local employment service; the impact of Covid-19 on this process; and if she will make a statement on the matter. [11871/20]
View answerThe Local Employment Services are currently on twelve month contracts, renewed annually subject to review by my Department.
My Department engaged with external consultants in December 2019 to review all current contracted public employment services (PES), including Local Employment Services. The consultants' report, currently being finalised, will inform the Government's decision on the future structure of all contracted PES.
It is essential that we ensure our labour market activation services are fit-for-purpose and provide value for money. This must be balanced against the pressing need to ensure that these key services are fully in place when needed by those who have lost their jobs as a result of the ongoing public health crisis.
Any provision of contracted public employment services in 2021 will need to retain the capacity to manage the labour market impacts of Covid-19.
815. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the number of persons by age claiming jobseeker’s allowance in each month of 2020 to date in tabular form. [11872/20]
View answerThe information requested by the Deputy is set out in the following table. The data does not include the numbers of persons claiming jobseeker's benefit.
Jobseeker's Allowance Recipients by Age - January to May 2020
|
January |
February |
March |
April |
May |
|
|
Under 25 |
14,120 |
14,490 |
15,281 |
15,662 |
16,555 |
|
25-29 |
15,854 |
15,891 |
16,251 |
16,168 |
16,916 |
|
30-39 |
35,510 |
35,458 |
35,545 |
34,564 |
35,250 |
|
40-49 |
32,314 |
32,140 |
32,014 |
30,659 |
31,238 |
|
50-59 |
24,241 |
24,167 |
23,678 |
22,189 |
22,497 |
|
60+ |
12,823 |
12,740 |
12,354 |
11,617 |
11,641 |
|
Total |
134,862 |
134,886 |
135,123 |
130,895 |
134,094 |
816. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the number of persons by age claiming jobseeker’s benefit in each month of 2020 to date in tabular form. [11873/20]
View answerThe information requested by the Deputy is provided in the table below. The Deputy might note that jobseeker's assistance claimants are not included in this data.
Jobseeker's Benefit Recipients by Age - January to May 2020
|
January |
February |
March |
April |
May |
|
|
Under 25 |
1,936 |
1,978 |
2,364 |
2,310 |
2,688 |
|
25-29 |
3,550 |
3,480 |
4,003 |
3,898 |
4,266 |
|
30-39 |
8,870 |
8,962 |
9,800 |
9,046 |
9,159 |
|
40-49 |
8,104 |
8,148 |
8,853 |
8,314 |
8,361 |
|
50-59 |
6,540 |
6,536 |
6,747 |
6,367 |
6,329 |
|
60+ |
5,934 |
5,857 |
5,750 |
5,321 |
5,253 |
|
Total |
34,934 |
34,961 |
37,517 |
35,256 |
36,056 |
818. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the number of social welfare appeals lodged in each of the years 2012 to 2019 and to date in 2020; the percentage of appeals that were successful; the average waiting time in each year, in tabular form; and if she will make a statement on the matter. [11877/20]
View answerThe Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department. It is responsible for determining appeals against decisions in relation to social welfare entitlements.
Appeals which had a favourable outcome for the appellant consist of appeals which were either allowed in full or in part by an Appeals Officer, or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was incorrect. It is often the case that new evidence is provided with an appeal and that, as a result, the original decision may be revised by the Deciding Officer or Designated Person. This was the case in 37.6% of such successful outcomes in 2017, 31.5% of such outcomes in 2018, 36.5% of such outcomes in 2019 and 29.2% of such outcomes to the end of May 2020.
Where the decision was not revised by the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and, in addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.
The time taken to process an appeal reflects a number of factors, including that the appeals process is a quasi-judicial process with Appeals Officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the High Court and decisions have to be formally written up to quasi-judicial standards. Other factors that influence appeals processing times include the quality of the initial decision – in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. It is expected that this will help to reduce the number of appeals over time.
Significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times in respect of all schemes generally improved between 2012 and 2019 from 39.5 weeks for an oral hearing in 2012 to 26.9 weeks in 2019, and from 27.8 weeks for a summary decision in 2012 to 22.1 weeks in 2019.
Processing performance has in the past number of years been affected by a relatively large number of retirements in the office - although these staff have been replaced it takes time for a new Appeals Officer to reach full productivity. Nevertheless, the latest data for the period January to May 2020 shows a further improvement to 25.4 weeks for an oral hearing and 18.4 weeks for a summary decision. Additional resources have been allocated to the Appeals Office with seven additional Appeals Officers now in place compared with December 2018, and I am advised that this improvement will continue.
Finally, where a claimant has been refused a social welfare payment, regardless of the scheme involved, and is appealing that decision, if their means are insufficient to meet their needs it is open to them to apply for supplementary welfare allowance in the interim. If their application for supplementary welfare allowance is refused, they can also appeal that decision.
The statistics required by the Deputy are set out in the attached tables.
I trust this clarifies the matter for the Deputy.
Appeal Receipts and Percentage of Favourable Decisions of Appeals Finalised 2012 – 2020
|
Appeal Receipts |
Appeals Finalised |
Favourable Decisions |
Appeals Disallowed |
Withdrawn |
|
|
2012 |
35,484 |
32,558 |
50.4% |
42.6% |
7.0% |
|
2013 |
32,777 |
38,421 |
55.0% |
39.0% |
6.0% |
|
2014 |
26,069 |
31,211 |
56.5% |
37.7% |
5.8% |
|
2015 |
24,475 |
25,406 |
58.8% |
36.1% |
5.1% |
|
2016 |
22,461 |
23,220 |
59.2% |
35.9% |
4.9% |
|
2017 |
19,658 |
18,980 |
60.1% |
33.9% |
6.0% |
|
2018 |
18,854 |
18,507 |
58.8% |
36.1% |
5.1% |
|
2019 |
22,397 |
22,572 |
56.7% |
37.5% |
5.8% |
|
2020 (to 31/05/2020 |
10,078 |
11,754 |
53.4% |
44.3% |
2.3% |
Appeal Processing Times 2012 – 2020
|
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
|
2012 |
27.8 |
39.5 |
|
2013 |
25.8 |
33.9 |
|
2014 |
21.1 |
28.6 |
|
2015 |
18.1 |
25.5 |
|
2016 |
17.6 |
24.1 |
|
2017 |
19.8 |
26.4 |
|
2018 |
24.8 |
30.0 |
|
2019 |
22.1 |
26.9 |
|
2020 (to 31/05/2020) |
18.4 |
25.4 |
819. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if further legislation will be required under the remit of her Department if the UK exits the transition period on 31 December 2020; and if she will make a statement on the matter. [11878/20]
View answerAs part of the Government's ongoing Brexit readiness work, a number of Government Departments have indicated the potential need for further legislation to be in force at the end of the transition period.
Based on this analysis, the Government decided, at its meeting of 29 May, to approve the development of a scheme of a new Brexit Omnibus Bill. This work will now be brought forward across the relevant Government Departments and a draft scheme will be brought to Government for approval in due course. While work is now underway with Departments to determine the particular scope of the new Scheme, it is expected that many of its elements will draw to a large extent on legislation prepared in 2019 to address issues arising in the event the UK and EU failed to conclude a Withdrawal Agreement under Article 50 of the Treaty on European Union.
In the case of the areas under my remit, provisions reflecting Parts 11 and 12 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 will be required at the end of the transition period. These provisions include technical amendments to the Social Welfare (Consolidation) Act 2005 (as amended) as well as amendments to the Protection of Employees (Employers' Insolvency) Act 1984 to ensure that employees who work and make their social insurance contributions in Ireland will continue to be covered by the insolvency payments scheme if their employer becomes insolvent under the laws of the UK.
The decision to proceed with new legislation will, of course, be subject to the approval of the Government and will need be considered as part of the new Government's legislative agenda.
As the Deputy will be aware, a Convention on Social Security between the Governments of Ireland and the United Kingdom was signed in February 2019 and completed the required Parliamentary procedures in both countries shortly thereafter. The Convention stands ready to be brought into force as required at the end of the transition period.
I hope this clarifies the matter for the Deputy.
820. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the uptake of paternity benefit in each year since it was first introduced, in tabular form; and if she will make a statement on the matter. [11879/20]
View answerPaternity benefit was introduced on 1 September 2016 and is payable to employed and self-employed people who are on paternity leave from work after the birth/adoption of a child, subject to certain social insurance contribution (PRSI) conditions. Details on the number of claims paid in each year since September 2016 is set out in the following table.
Awarded Paternity Benefit Claims
|
From Sept 2016 |
2017 |
2018 |
2019 |
Until End May 2020 |
|
5,013 |
26,559 |
24,080 |
28,191 |
9,884 |
I trust this clarifies the matter for the Deputy.
821. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the number of households in each county in receipt of the working family payment, in tabular form; and if she will make a statement on the matter. [11880/20]
View answerWorking Family Payment (WFP) is an income tested, in work payment, which provides additional financial support to employees on low earnings with children.
The number of households (recipients) in each county in receipt of WFP at the end of May 2020 are as follows:
|
County |
Recipients (Households) |
|
Dublin |
12,116 |
|
Cork |
5,181 |
|
Donegal |
2,595 |
|
Galway |
2,361 |
|
Limerick |
2,227 |
|
Kildare |
2,222 |
|
Wexford |
2,188 |
|
Louth |
1,998 |
|
Tipperary |
1,980 |
|
Meath |
1,951 |
|
Waterford |
1,655 |
|
Kerry |
1,520 |
|
Mayo |
1,350 |
|
Cavan |
1,227 |
|
Wicklow |
1,223 |
|
Clare |
1,098 |
|
Westmeath |
1,055 |
|
Monaghan |
968 |
|
Laois |
965 |
|
Offaly |
951 |
|
Kilkenny |
881 |
|
Carlow |
865 |
|
Longford |
751 |
|
Roscommon |
731 |
|
Sligo |
697 |
|
Leitrim |
363 |
|
Other counties |
128 |
|
Grand Total |
51,247 |
It should be noted that the above figures may fluctuate from week to week.
I trust this clarifies the matter for the Deputy.
822. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the number of applicants and awards for an exceptional needs payment in each of the years 2016 to 2019 and to date in 2020, in tabular form; and if she will make a statement on the matter. [11881/20]
View answerUnder the supplementary welfare allowance scheme, the Department may 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. An urgent needs payment (UNP) may be made to persons who may not normally qualify for supplementary welfare allowance but who have an urgent need which they cannot meet from their own resources or where an alternative is not available at that time.
The following tabular statement shows the number of payments made under the ENP and UNP scheme each year since 2016. Statistics are maintained relating to payments made. However, they are not maintained on the number of applications.
I trust this clarifies the matter for the Deputy.
|
Year |
Number of Payments |
|
2016 |
100,100 |
|
2017 |
103,500 |
|
2018 |
112,500 |
|
2019 |
92,200 |
|
2020 (End of May) |
30,000 |
823. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection if she will suspend the current round of reviews of carer's allowance until after all the impacts of Covid-19 have been fully considered or for at least a year in view of the additional emotional and financial stress; and if she will make a statement on the matter. [11954/20]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
CA reviews take place in a number of circumstances as follows.
- If the decision on a new claim is negative the customer has the option of a review.
- Once claims are in payment, my Department undertakes periodic reviews as part of its control strategy to ensure that there is continued entitlement.
- A customer can at any stage request a review of their entitlement.
As outlined above, a wide range of reviews are carried out arising from customer requests, together with reviews undertaken by the Department. At present, the Department is prioritising reviews where a customer has notified us of a change in circumstances and may have an entitlement to an increase in rate, or where the revised decision will provide for award of payment.
I hope this clarifies the matter for the Deputy.
825. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the social welfare payments that the self-employed are and are not entitled to, respectively; and if she will make a statement on the matter. [11968/20]
View answerThere are a wide range of benefits available to people who make Pay Related Social Insurance (PRSI) contributions. Entitlement to such benefits is dependent on the individual's social insurance contribution record, the class of social insurance paid as well as satisfying other qualification criteria relevant to the scheme being applied for. For example, when applying for Jobseeker's Benefit the applicant must be, amongst other criteria, capable of, available for and genuinely seeking full-time employment in addition to satisfying the relevant social insurance contribution conditions.
In general, self-employed people make PRSI contributions at class S. Where all qualification criteria for the particular scheme are satisfied, this class of PRSI gives access to the following benefits.
- Adoptive Benefit,
- Guardian's Payment (Contributory),
- Invalidity Pension,
- Jobseeker's Benefit (Self-Employed),
- Maternity Benefit,
- Parent's Benefit,
- Partial Capacity Benefit (where in receipt of Invalidity Pension),
- Paternity Benefit,
- State Pension (Contributory),
- Treatment Benefit, and
- Widows, Widower's or Surviving Civil Partner's (Contributory) Pension.
The benefits to which class S PRSI does not provide assess to are:
- Carer's Benefit,
- Health and Safety Benefit,
- Illness Benefit, and
- Occupational Injuries Benefits.
I trust this clarifies the matter for the Deputy.
826. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the estimated cost per payment of extending each social welfare entitlement to the self-employed, in tabular form; and if she will make a statement on the matter. [11969/20]
View answerMy Department has made significant improvements to self-employed people's access to social insurance schemes in recent years, including extending access to invalidity pension, jobseeker's benefit and treatment benefit to the self-employed.
These improvements are part of the Government's stated aim of creating a supportive environment for entrepreneurship, including providing an income safety net to employees and the self-employed alike.
Self-employed workers who earn €5,000 or more in a contribution year, are liable for PRSI at the Class S rate of 4%, subject to a minimum annual payment of €500. This provides them with access to the following benefits: State pension (contributory); widow's, widower's or surviving civil partner's pension (contributory); guardian's payment (contributory); jobseeker's benefit for the self-employed; invalidity pension; maternity benefit; adoptive benefit; paternity benefit; parent's benefit and treatment benefit.
This compares favourably with employees who, in general, are liable for the Class A rate of 4%. In addition, their employers are liable for PRSI at the rate of 8.8% on weekly earnings up to and including €395 or at the rate of 11.05% where weekly earnings exceed €395. Accordingly, the combined rate of PRSI rate paid in respect of Class A employees is 12.8% or 15.05%, depending on the level of weekly earnings. These Class A employees are entitled to the full range of social insurance benefits.
The estimated cost of extending illness benefit and carer's benefit for each of the years 2021 to 2025 is shown in the following table.
Projected costs of extending Invalidity, Carer's Benefits
|
Year |
Illness |
Carer's |
Total |
|
€million |
€million |
€million |
|
|
2021 |
88 |
5 |
93 |
|
2022 |
94 |
5 |
99 |
|
2023 |
99 |
5 |
104 |
|
2024 |
104 |
6 |
110 |
|
2025 |
108 |
6 |
114 |
