Written Answers Nos. 379-398
379. Deputy Holly Cairns asked the Minister for Education the schools that have dedicated spaces for breastfeeding and expressing breast milk in tabular form; and if she will make a statement on the matter. [31740/20]
View answerThe provision of facilities in the workplace to facilitate breastfeeding is a matter for the employer. Under Section 9 of the Maternity Protection (Amendment) Act 2004, an employer shall not be required to provide facilities in the workplace if the provision of such facilities would give rise to a cost, other than a nominal cost, to the employer.
In relation to school employees, my Department is not the employer. The employer is the Education and Training Board (ETB) for vocational schools/community colleges, community national schools and the Board of Management/Manager in the case of primary (excluding community national schools) voluntary secondary, community and comprehensive schools.
Therefore, my Department cannot provide the information requested by the Deputy.
380. Deputy Colm Burke asked the Minister for Social Protection if the J9 PRSI classification in the context of the temporary wage subsidy scheme assumes full-time employment of seven days per week; and if she will make a statement on the matter. [31025/20]
View answerThe temporary wage subsidy scheme was introduced by the Emergency Measures in the Public Interest (Covid-19) Act 2020. The scheme provided the payment of support to employers in respect of eligible employees where the employer’s business had experienced significant disruption due to the Covid-19 pandemic. Eligible employees included those on full-time, part-time, temporary and short-time work arrangements. The scheme was in place from 26 March 2020 to 31 August 2020.
The subsidy amount was not subject to any employee or employer PRSI charge except where employers paid a ‘top-up’ payment in addition to the wage subsidy and paid PRSI at the rate of 0.5% on this 'top-up payment.
The J9 classification was returned by employers for the purposes of their temporary wage subsidy scheme reporting obligations under the PAYE system and to assist in subsidy payment reconciliation.
The use of the J9 classification in the context of the temporary wage subsidy scheme was not an indicator of the working pattern of the employee.
I trust this clarifies the matter for the Deputy.
381. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if persons seeking asylum who have moved out of direct provision accommodation in order to avoid overcrowding and are now residing elsewhere still qualify for their direct provision allowance; and if she will make a statement on the matter. [31133/20]
View answerApplicants for International Protection accommodated under the system of Direct Provision operated by the International Protection Accommodation Services (IPAS) of the Department of Justice and Equality are provided with full board, accommodation and other services.
My Department administers the daily expenses allowance (DEA) which is paid to protection applicants who live in the direct provision system.
The Government has provided €13.1 million for the allowance in 2020. The weekly rates of payment were increased in Budget 2019 from €21.60 per adult and per child to €38.80 per adult and to €29.80 per child. There are approximately 4,470 adults and 1,900 children residing in the system of direct provision in respect of whom daily expenses allowance is being paid.
As part of the measures introduced at the onset of the Covid-19 pandemic in March 2020, IPAS gave all residents the option to stay with family, friends or in private accommodation. Their IPAS accommodation was held for them and they could continue to receive Daily Expenses Allowance. These arrangements are still in place and my Department continues to engage with IPAS to keep the situation under review.
I trust this clarifies the matter for the Deputy.
382. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection her plans to extend the provision of the Gender Recognition Act 2015 to 16 and 17 year olds. [31763/20]
View answerIt is currently possible for children that are aged 16 or 17 years to obtain legal recognition of their preferred gender under section 12 of the Gender Recognition Act 2015. This involves parental consent and an application to the Circuit Family Court that is supported by the opinion of two medical practitioners.
The current Programme for Government makes the following commitment in relation to gender recognition for children in this age category:
"Remove the need for a person aged 16 and 17 years to have two specialist reports before they can apply for legal gender recognition, by providing for self-declaration, with parental consent and by making mediation available on a voluntary basis. These improvements will include the provision of a gender recognition certificate providing proof of change of name as well as gender. Make any necessary changes to the law to allow legal name change be part of the gender recognition process."
It would be my intention to refer the draft legislation giving effect to these commitments to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for pre-legislative scrutiny.
383. Deputy Patricia Ryan asked the Minister for Social Protection if she will create two types of pandemic unemployment payment; one for persons who are laid off temporarily and another for persons who have lost their jobs due to Covid-19 in order that the latter can engage with Tús and avail of retraining or other supports to assist them in finding alternative employment; and if she will make a statement on the matter. [31768/20]
View answerTús is a community work placement initiative which aims to provide short-term work opportunities for those who are unemployed for more than a year, in order to break the cycle of unemployment and to improve a person’s chances of returning to the labour market. There are currently no plans to change the qualifying criteria regarding the duration of unemployment in order to avail of Tús.
The Deputy is advised that there are already a range of training and education supports available to people in receipt of the Pandemic Unemployment Payment in order to be able to avail of new employment opportunities. The July Jobs Stimulus provided a multi-billion euro package which included investment in training, education, skill development, work placement schemes, recruitment subsidies and jobs search and assistance measures aimed at helping those who have lost their jobs find a new one, to retrain or to develop new skills.
One of these schemes was the development of a Work Placement and Experience Programme to provide work experience for jobseekers who have been unemployed for more than 6 months. Any period spent in receipt of the Pandemic Unemployment Payment will count towards the 6 month eligibility period.
The Department’s Back to Education Allowance (BTEA) provides income support for jobseekers and certain others in receipt of social welfare payments who pursue full-time education courses at second or third level. Ordinarily a person must be in receipt of a qualifying social welfare payment for a minimum period before being eligible to apply for the Back to Education Allowance when pursuing training or education. The qualifying period has been waived for people who have been in receipt of the Pandemic Unemployment Payment. To avail of continued financial support while pursuing a full-time course, a person in receipt of the Pandemic Unemployment Payment should apply for a jobseeker payment.
Where an individual in receipt of the Pandemic Unemployment Payment wishes to pursue part-time study, they can continue to receive their payment while they continue to satisfy the conditions of the scheme.
I would advise that any person in receipt of the Pandemic Unemployment Payment seeking to engage in training or education should contact their Intreo Centre to assess the options available to them.
I trust that this clarifies the position for the Deputy.
384. Deputy Brendan Griffin asked the Minister for Social Protection if she will advise on a matter in relation to pensions for community employment supervisors (details supplied); and if she will make a statement on the matter. [30930/20]
View answerAs the Deputy will be aware, Community Employment (CE) supervisors and assistant supervisors have been seeking for several years, through their union representatives, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors who are employed by CE schemes.
CE sponsoring authorities are the legal employers of their CE supervisors, CE assistant supervisors and CE participants. There are no plans to change this status of CE supervisors. The Department’s role continues to be that of CE funder.
This issue was examined by a Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform. A number of Departments, including my own Department, were represented on this group, as were the unions and Pobal.
As part of this process a detailed scoping exercise was carried out with input from the Irish Government Economic and Evaluation Service (IGEES) on the potential costs of providing Exchequer support for the establishment of such a pension scheme for employees across the Community and Voluntary sector in Ireland. This exercise estimated a potential cost to the State of between €188 million and €347 million per annum depending on the numbers involved. This excluded any provision for an immediate ex-gratia lump sum payment of pension as sought, which could entail a further Exchequer cost of up to €318 million.
In its findings, the High-level Group stated that while CE supervisors and assistant supervisors represented only a very small part of the wider community and voluntary sector, any explicit provision of State funding for such a scheme in respect of CE Supervisors could potentially give rise to claims for funding for employees of similar schemes in the broader sector. The Department of Public Expenditure and Reform stated that it had to have regard to the full potential Exchequer exposure associated with setting such a precedent.
At this point, I wish to acknowledge the valuable and dedicated service that CE supervisors provide in running CE schemes delivering local based community services while providing a valuable training and development opportunity to the long-term unemployed and to those often furthest removed from the labour market.
The current position is that officials from my Department, the Department of Public Expenditure and Reform are in ongoing communication on the matter.
The Deputy should note that funding of any potential pension provision for CE supervisors will ultimately be a matter for the Department of Public Expenditure and Reform and will need to be considered in the wider economic and budgetary context in which any such scheme will need to operate.
385. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for jobseeker's benefit; and if she will make a statement on the matter. [30943/20]
View answerAll Jobseekers’ applications are examined in the first instance to assess eligibility for Jobseeker’s Benefit (JB) with the option of Jobseeker’s Allowance (JA) should a customer not qualify for JB or qualify for JB at a lower rate.
The person concerned submitted a Jobseeker’s application with effect from 30/9/2020. She did not qualify for JB on the basis that she had no paid Pay Related Social Insurance (PRSI) contributions in the relevant governing contribution year, which was 2018. The person concerned was then assessed for JA which is a means-tested payment but was found to have means in excess of the prescribed limit for receipt of this income support and therefore did not qualify.
A decision letter issued to the person concerned on 9/10/2020 advising her of the outcome of her application and informing her of the option to appeal the decision of the deciding officer to the independent Social Welfare Appeals Office.
If the person concerned is not satisfied with the decision, it is open to her to appeal the decision within 21 days of the decision date.
I trust this clarifies the matter.
386. Deputy Matt Shanahan asked the Minister for Social Protection the planning and timing schedules for the establishment of a commission on pensions; her views on ensuring the independence of those appointed to the commission; and if she will make a statement on the matter. [30961/20]
View answerThe public policy and social issues in relation to funding a sustainable and adequate State pension system are complex. The Programme for Government commits that a Commission on Pensions will be established to examine a range of issues including contributions, calculation methods, sustainability, eligibility and intergenerational fairness.
The Commission must be completely independent in its deliberations. I will be proposing to Government that the Commission membership includes an independent Chair and stakeholder representation. Proposals will be brought to Government in that regard as soon as possible.
As set out in the Programme for Government, the Commission will report to Government by June of next year and the Government will take action having regard to the recommendations of the Commission within 6 months.
In the meantime, I was pleased to announce on Budget Day that the planned increase in the State pension age next year will be deferred, in line with our Programme for Government commitment, and it will remain at 66 years pending the report of the Commission on Pensions. I will introduce legislation later this year to do that.
While this Government is acutely conscious of the need to consider the sustainability of the State’s finances, this is not the only consideration when thinking of the State pension age. The State Pension is the bedrock of the pension system in Ireland. It is extremely effective at ensuring that our pensioners do not experience poverty. The Government is committed to ensuring that this remains the case.
I hope this clarifies the matter for the Deputy.
387. Deputy Duncan Smith asked the Minister for Social Protection the number of applications for domiciliary care grants in the past three years; the number of applications refused in tabular form; and if she will make a statement on the matter. [30973/20]
View answerDomiciliary Care Allowance (DCA) is a monthly payment made in respect of a child with a severe disability who requires additional care and attention. It is payable to the person providing for the child's care at a rate of €309.50 per month. In addition, a Carers Support Grant of €1,700 is payable in respect of all children on DCA in June of each year.
Detail on the claims received in each of the last three years and the numbers refused at first decision are set out in the table below;
|
Year |
Number of Applications for DCA |
Number of DCA applications refused on first application |
|
2017 |
8,197 |
2,187 |
|
2018 |
8,609 |
2,225 |
|
2019 |
8,719 |
2,875 |
|
2020 (to end of September) |
5,322 |
2,145 |
It should be noted that many of the customers whose claims are refused subsequently submit additional information on the care needs of their children and request a review or an appeal of the first decision.
I trust this clarifies matters for the Deputy.
388. Deputy Duncan Smith asked the Minister for Social Protection the number of appeals of refusals of domiciliary care grants in the past three years; the number of applications that were awarded following appeal in tabular form; and if she will make a statement on the matter. [30974/20]
View answerThe Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The statistics required by the Deputy in relation to domiciliary care allowance appeals are set out in the attached table.
Appeals which had a favourable outcome for the person concerned 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 person concerned by a Deciding Officer or 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.
I trust this clarifies the matter for the Deputy.
Domiciliary Care Allowance
Appeal receipts and outcomes 2017-2020
|
Appeals Received |
Appeals allowed by Appeals Officers |
Appeals partially allowed by Appeals Officers |
Revised decisions by Deciding Officers |
Appeals Withdrawn |
|
|
2017 |
1,199 |
297 |
10 |
343 |
16 |
|
2018 |
1,432 |
686 |
13 |
590 |
25 |
|
2019 |
1,656 |
811 |
10 |
517 |
31 |
|
2020 (to end of September) |
1,312 |
722 |
40 |
337 |
6 |
389. Deputy Paul Kehoe asked the Minister for Social Protection the efforts being made to issue arrears owing to those on the pandemic unemployment payment; if they will be paid before Christmas 2020; and if she will make a statement on the matter. [30995/20]
View answerSince the introduction of the Pandemic Unemployment Payment scheme in March, approximately 750,000 people have applied for payment and in some cases, they have done so on a number of occasions as they moved in and out of employment. Consequently, there are over 1 million applications to be examined to determine if arrears are due.
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.
My Department is keenly aware that many people are due some arrears and that every case will be different. In order to address an issue of this scale, the Department is currently developing an automated process, which will examine each case and look at their overall entitlement to payment and match this against their payment history. The work involved is complex as the Pandemic Unemployment Payment system itself evolved from a manual applications system to one where applications were submitted online and paid over two different payment platforms (one from March to July and the second from July to date).
Given the complexity attached to the project, it will take some time yet to complete the necessary development work to review all cases and to determine to what extent, if any, arrears are due to individuals. I can assure the Deputy that this is a priority for the Department and it is hoped to make payments before the end of the year .
I hope that this clarifies matters for the Deputy.
390. Deputy Pearse Doherty asked the Minister for Social Protection the reason for the delay in processing a PPSN application for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [31044/20]
View answerI can confirm that my Department has allocated a Personal Public Service Number (PPSN) to the individual referred to by the Deputy. A letter issued to the person concerned on 19 October 2020 with details of the PPSN.
I trust this clarifies the matter for the Deputy.
391. Deputy Pearse Doherty asked the Minister for Social Protection the reason for the delay in processing a PPSN application for a person (details supplied); and if she will make a statement on the matter. [31045/20]
View answerI can confirm that my Department has allocated Personal Public Service Numbers (PPSNs) to the individuals referred to by the Deputy. Letters issued to the individuals concerned on 19 October 2020 with details of their PPSNs.
I trust this clarifies the matter for the Deputy.
392. Deputy Pearse Doherty asked the Minister for Social Protection the reason for the delay in processing an application for a PPS number in the case of a person (details supplied); and if she will make a statement on the matter. [31046/20]
View answerI can confirm that my Department has allocated a Personal Public Service Number (PPSN) to the individual referred to by the Deputy. A letter issued to the person concerned on 19 October 2020 with details of the PPSN.
I trust this clarifies the matter for the Deputy.
393. Deputy Pearse Doherty asked the Minister for Social Protection the processing times for client identity applications for persons requiring PPS numbers; and if she will make a statement on the matter. [31047/20]
View answer419. Deputy Dara Calleary asked the Minister for Social Protection when it is expected that PPSN applications from outside the State will resume; her views on the fact that the current pause in such applications has severely impacted business in areas such as property sales; and if she will make a statement on the matter. [31535/20]
View answerI propose to take Questions Nos. 393 and 419 together.
The SAFE registration process, which my Department uses to authenticate a person's identity when they apply for a PPSN is a face-to-face process, carried out in PPSN Centres across the country.
At the outbreak of the COVID-19 pandemic in March 2020, my Department temporarily postponed the SAFE registration process. This decision was taken to comply with HSE and WHO guidelines in respect of social distancing.
To help ensure that those who required a PPSN could get one, my Department introduced an email and postal service through which applications could be made.
MY Department has received, and continues to receive, significant volumes of email and post in relation to PPSN applications from people living in and outside the State. Data on the processing times of these applications are not currently available.
My Department was working towards a full resumption of the PPSN allocation service in local offices over this week but the Level 5 restrictions announced by the Government yesterday evening mean this is not now possible at this stage.
In the interim, additional resources are being assigned to deal with the applications on hands and I expect this will result in an improved service for PPSN applicants.
I trust this clarifies the position for the Deputy.
394. Deputy Paul McAuliffe asked the Minister for Social Protection if she will address the case of a person (details supplied); and if she will make a statement on the matter. [31102/20]
View answerIt is the responsibility of employers to put arrangements in place which will allow employees to work safely during the current COVID-19 pandemic crisis, taking into account their circumstances. These arrangements should follow HSE and public health advice.
As the person concerned has not lost her employment due to COVID-19, she is not eligible to apply for the COVID-19 Pandemic Unemployment Payment.
It is open to the person concerned to submit an application for an Illness Benefit payment together with a medical certificate from her GP if she feels she is not medically fit to attend work.
I trust this clarifies the matter.
395. Deputy Chris Andrews asked the Minister for Social Protection the status of an application for invalidity benefit by a person (details supplied); and when she can expect to receive a decision on her case. [31127/20]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP for the lady concerned on 26 June 2020. The claim was refused on the grounds that the medical conditions for the scheme were not satisfied. She was notified on 5 October 2020 of this decision, the reasons for it and of her right of review and appeal.
I hope this clarifies the position for the Deputy.
396. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a disability allowance for a person (details supplied); and if she will make a statement on the matter. [31135/20]
View answerThis gentleman submitted an application for disability allowance (DA) on 22 May 2020. The application was disallowed on the grounds that he had means in excess of the statutory limit and he was notified in writing of this decision on 7 October 2020.
The DA application for the person concerned was referred back to the deciding officer (DO) for a review of the means. Following a successful review the person concerned has been awarded DA with effect from 27 May 2020. The first payment will be made on 18 November 2020.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments (if applicable).
I trust this clarifies the matter for the Deputy.
397. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for jobseeker’s transitional payment in the case of a person (details supplied); and if she will make a statement on the matter. [31143/20]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 August 2020. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required and Covid-19 restrictions allow, hold an oral appeal hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
398. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for the one-parent family payment in the case of a person (details supplied); when the appeal will be concluded; and if she will make a statement on the matter. [31144/20]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 1 May 2020. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Employment Affairs and Social Protection. These papers were received in the Social Welfare Appeals Office on 14 October 2020. The case has been referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required and if Covid-19 restrictions allow, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
