Written Answers Nos. 590-607
590. Deputy Imelda Munster asked the Minister for Social Protection if consideration has been given to extending eligibility for the fuel allowance to include recipients of the benefit payment for 65 year olds; and if she will make a statement on the matter. [52496/21]
View answerThe Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 each year) from October to April, to 365,000 low income households, at an estimated cost of €300 million in 2021. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.
Qualifying payments for fuel allowance are those payments that are considered long-term payments and an applicant must also satisfy a means test. People on long-term payments are unlikely to have additional resources of their own and are more vulnerable to poverty, including energy poverty. It is for this reason that the Department allocates additional payments, supports and resources to help this cohort of claimants.
The Benefit Payment for 65 Year Old's is a short-term payment for people aged 65 who have ceased employment or self-employment and who satisfy the pay-related social insurance (PRSI) contribution conditions. It is not a means tested payment. Accordingly, it is not a qualifying payment for receipt of fuel allowance.
Any decision to include the Benefit Payment for 65 Year Old's as a qualifying payment for Fuel Allowance would have to be considered in the overall policy and budgetary context.
Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.
I hope this clarifies the matter for the Deputy.
591. Deputy Michael Creed asked the Minister for Social Protection further to Parliamentary Question No. 342 of 12 October 2021 and 630 of 19 October 2021, the reason she refuses to outline the specific reason the claim for carer’s benefit was refused; if she will outline in detail the specific condition for eligibility that the applicant failed to meet; and if she will make a statement on the matter. [52500/21]
View answerCarer's benefit (CARB) is a PRSI based payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.
There are a number of conditions that must be satisfied in order to qualify for CARB, including employment conditions and certain PRSI contribution conditions.
Under the provisions of the legislation a person claiming CARB must be in remunerative full time employment (for a minimum of 16 hours in the week or 32 hours in the fortnight) for eight weeks out of the previous 26 week period immediately prior to the first day on which a claim is made.
Only PRSI conditions paid in classes A, B, C, D, E and H are counted towards CARB. Contributions paid at class S (self-employed contributions) do not count.
The person concerned applied for CARB on 15 January 2020. Having considered the evidence submitted in support of the application, a Deciding Officer determined that the conditions above were not met and the claim was disallowed as the customer in question was self-employed prior to her application for CARB and as such did not satisfy the PRSI contribution conditions of the scheme. Only PRSI contributions paid in classes A, B, C, D, E and H are counted towards CARB. Class S contributions (self-employed) do not count towards CARB.
The person concerned was notified of the decision on 25 February 2020, the reasons for it and of her right of review and appeal.
According to the records of this Department, the person concerned has not requested a review or appeal of this decision to date.
I hope this clarifies the matter for the Deputy.
592. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for jobseeker’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [52503/21]
View answerMy officials are in the process of completing the transition to Jobseeker’s payments for customers who were in receipt of a COVID-19 Pandemic Unemployment Payment (PUP) of €203 per week prior to 07/09/2021. Any customer who is part of this phase and who applied for a Jobseeker’s payment will continue to receive a PUP until the decision is made on their Jobseeker’s claim.
According to the records of my Department, a Jobseeker’s Allowance claim was registered for the person concerned on 06/10/2021. This claim is currently awaiting the decision of a Deciding Officer. The person concerned will remain in receipt of a PUP until a decision has been made on her JA claim.
I trust this clarifies the matter.
593. Deputy Michael Creed asked the Minister for Social Protection the reason a person (details supplied) has been refused a PPS number on application. [52509/21]
View answerI can confirm that my Department has allocated a Personal Public Service Number (PPSN) to the applicant referred to by the Deputy.
A letter has issued to the applicant in the UK on 22nd October 2021, providing her with the PPSN.
I trust this clarifies the matter for the Deputy.
594. Deputy Brendan Griffin asked the Minister for Social Protection if the fuel allowance will be extended to recipients of the carer’s allowance; and if she will make a statement on the matter. [52510/21]
View answerThe Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 over a full fuel season) from October to April, to 365,000 low income households, at an estimated cost of €300 million in 2021. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.
While Carer's Allowance is not a qualifying payment for Fuel Allowance, a person in receipt of Carer's Allowance may avail of the fuel allowance payment in certain circumstances. Fuel Allowance is a household-based payment, and a carer will very often live with and care for a person in receipt of a qualifying payment for Fuel Allowance. Income from full rate Carer's Allowance is disregarded from the fuel means test, if the carer is providing full time care and attention to the Fuel Allowance applicant, his/her qualified spouse / civil partner or cohabitant or qualified child(ren).
If a person is getting certain qualifying social welfare payments and also providing full time care and attention to another person, s/he can keep his/her main social protection payment in addition to receiving the half-rate Carer's Allowance. S/he can also receive an extra half-rate Carer’s Allowance if s/he cares for more than one person. The payment of half-rate Carer’s Allowance does not preclude a person from qualifying for Fuel Allowance. If a person is in receipt of a non-contributory social welfare payment and a half-rate Carer’s Allowance, then s/he is deemed to have satisfied the means test and Fuel Allowance is payable, subject to all remaining criteria being satisfied. If a person is in receipt of a contributory social welfare payment and a half-rate Carer’s Allowance then s/he will have to satisfy a means test in order to qualify for Fuel Allowance.
The maximum rates of Carer's Allowance for those aged under 66, at €219 (€257 for carers aged 66 or over) for where one person is being cared for, and €328.50 (€385.50 for carers aged 66 or over) where there are two or more carers, is significantly higher than that for most schemes administered by my Department.
The means test for carers allowance has been significantly eased over the years and is now one of the most generous means tests in the social welfare system, most notably with regard to spouse’s earnings. In Budget 2022, I announced further easing of the means test with the disregard when assessing capital increased to €50,000 from June 2022 and with the earnings disregard increasing to €350 for a single carer and to €750 for a carer with a spouse/partner. Carers can also engage in employment, self-employment, training or education courses outside the home for not more than 18.5 hours a week.
Any decision to include Carer's Allowance as a qualifying payment for fuel allowance would have to be considered in the overall policy and budgetary context.
Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.
I hope this clarifies the matter for the Deputy.
595. Deputy Claire Kerrane asked the Minister for Social Protection if she plans to introduce statutory compassionate leave in the event of a close family bereavement (details supplied); and if she will make a statement on the matter. [52511/21]
View answerThis would be a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth, who has policy responsibility for force majeure leave.
596. Deputy Bernard J. Durkan asked the Minister for Social Protection the eligibility for the one-parent family payment in the case of a person (details supplied); and if she will make a statement on the matter. [52555/21]
View answer597. Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment can be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [52565/21]
View answerI propose to take Questions Nos. 596 and 597 together.
The Revenue Commissioners has provided data to my Department confirming the person concerned is receiving a monthly remuneration from her employer and is paying Class A Pay Related Social Insurance contributions.
My Department's records show that the person concerned is currently in receipt of an Illness Benefit payment of €203 per week. She has not made an application for a One-Parent Family Payment.
My officials advise that the person concerned applied for a Widow's Pension (Contributory) on 31/08/2021. A qualifying condition for payment of this pension is that the applicant is the legal spouse of the deceased person in accordance with Irish state law. My officials wrote to the person concerned requesting that she provide her marriage certificate or civil partnership or civil union registration certificate. Once this is received a decision on her entitlement will be made promptly.
The person concerned has not submitted a recent application for an Exceptional Needs Payment. An application form was posted to her on 27/10/2021 for her convenience. When a completed application and the supporting documentation is received, the application will be assessed and a decision will issue to the person concerned.
I trust this clarifies the matter.
598. Deputy Gary Gannon asked the Minister for Social Protection the status of recommendation 7.9 of the Joint Oireachtas Committee on Social Protection Report on the Position of Lone Parents in Ireland 2017 which made recommendations to make the back to education allowance payable for students who are one parent families. [52581/21]
View answerA person who is parenting alone and in receipt of certain payments from the department, may take part in a second-or third-level education course and get a Back to Education Allowance (BTEA).
The recommendation referenced by the Deputy refers to making BTEA and the SUSI maintenance grant payable together to lone parents who are undertaking an educational or training course for the duration of the course. Under the current arrangements a person cannot get the BTEA and the maintenance component of a student grant together.
A review of the Student Universal Support Ireland (SUSI) grant is currently ongoing by the Department of Further and Higher Education, Research, Innovation and Science, which will help to inform any future decisions on this issue.
I should also advise of the availability of the Cost of Education Allowance paid by my Department which provides €500 per academic year to BTEA customers who have a dependent child or children, which assists lone parents accessing education.
I trust this clarifies the position at this time.
599. Deputy Paul Murphy asked the Minister for Social Protection if her attention has been drawn to the delays experienced by new parents when trying to register their children at the Dublin Civil Registration Office; and the reason parent’s leave requires a PPSN for the child when neither paternity nor maternity leave require a PPSN in order to apply. [52663/21]
View answerThe HSE has operational responsibility for civil registration. I am aware that there are on-going delays in the registration of births and deaths in the Eastern Registration Region as a results of the cyber-attack earlier this year. The HSE has indicated that there are no backlogs in other registration regions and that staff are working to clear the backlogs in the Eastern Registration Region as quickly as possible.
Maternity and paternity leave are available to parents (or expecting parents) and are both available to apply for in advance of the actual birth, hence there is no requirement for a child's PPSN. Parent's benefit provides payment in respect of up to 5 weeks leave to each working parent to be taken within 2 years of the birth. As this leave/benefit links directly to the child in respect of whom it is claimed there is a requirement to provide a PPSN when applying for the benefit.
I hope this clarifies the position for the Deputy.
600. Deputy Michael Creed asked the Minister for Social Protection the reason a person (details supplied) in County Cork has had their adult dependent allowance stopped. [52717/21]
View answerAn increase for qualified adult (IQA) is a means-tested payment, payable to a State pension (contributory) claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.
The means assessed are those of the qualified adult only, and include income from employment, self-employment, non-social welfare pensions and the capital value of property other than the family home, as well as savings. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total value.
Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment.
The person concerned applied for an IQA payment with their State pension (contributory) in respect of their spouse. Initially the IQA means assessment was based on wages paid to the qualified adult for work on the couple’s farm. This gave an entitlement to a reduced rate of IQA. A decision issued in writing to the person concerned on 30 March 2021 and included a breakdown of the means assessment.
However, since the couple’s farm is in joint names, the IQA means assessment should have been based on 50% of total weekly farm income. This revised means assessment exceeded the weekly IQA means limit of €310.
Under the provisions of natural justice, the person concerned was notified of the revised means assessment on 16 April 2021 and afforded an opportunity to respond, prior to a decision being made. The formal revised decision issued on 5 May 2021, confirming that the IQA payment would be stopped from 13 May 2021. An overpayment has not been raised in this case.
I hope this clarifies the position for the Deputy.
601. Deputy Matt Carthy asked the Minister for Social Protection if she plans to introduce a scheme whereby those who worked as family carers are recognised through a contributory type pension payment in recognition of their service to society and the savings that they have delivered to the State; and if she will make a statement on the matter. [52726/21]
View answerSubject to the standard qualifying conditions for State Pension (Contributory) also being satisfied, the State pension system already provides significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role.
This is provided through the award of credits and/or the application of the Homemaker’s Scheme (under the Yearly Average method for payment calculation) and/or the application of HomeCaring Periods (under the Aggregated Contribution Method, also known as the interim Total Contributions Approach).
Details of these are –
- Credits – PRSI Credits are awarded to recipients of Carer’s Allowance (and Carer’s Benefit) where they have an underlying entitlement to credits. Credits are also awarded to workers who take unpaid Carer’s Leave from work.
- The Homemaker’s Scheme - The scheme, which was introduced with effect from 1994, is designed to help homemakers and carers qualify for State Pension (Contributory). The Scheme, which allows periods caring for children or people with a caring need to be disregarded (from 1994), can have the effect of increasing a person's Yearly Average.
- HomeCaring Periods – This Scheme makes it easier for a home carer to qualify for a higher rate of State Pension (Contributory). HomeCaring Periods can only be used under the Aggregated Contribution Method (also known as the Interim Total Contributions Approach) of pension calculation. HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution (regardless of when they occurred) to a maximum of 20 years.
Since April 2019, all new State (Contributory) Pension applications are assessed under all possible rate calculation methods, including the Yearly Average and the interim Total Contributions Approach, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation.
The Pensions Commission was established in November 2020 to examine sustainability and eligibility issues with the State Pension and the Social Insurance Fund, in fulfilment of a Programme for Government commitment. Its terms of reference included consideration of how long-term carers could be accommodated in the pension system.
The Commission has now concluded its work and has submitted its final report to me. The report has been published on the Government website. It is extremely detailed, running to several hundred pages, and covers a range of complex matters in relation to the Pensions system which will require very careful consideration. That will be done over the next 6 months with a view to bringing a recommended response and implementation plan to Government by end of March 2022.
It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), s/he may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory). Alternatively, if his/her spouse is a State pensioner and has significant household means, his/her most beneficial payment may be an Increase for a Qualified Adult, based on his/her personal means, and amounting to up to 90% of a full contributory pension.
I hope this clarifies the matter for the Deputy.
602. Deputy Claire Kerrane asked the Minister for Social Protection if the rule which saw foster parents unable to access child benefit for six months as laid out in the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) Regulations 2007 SI No. 859 of 2007 have been reviewed; if so, when; if not, if she will consider reviewing them; and if she will make a statement on the matter. [52731/21]
View answerAs the Deputy will be aware supports for foster parents are a matter for Tusla and the Minister for Children, Equality, Integration, Disability and Youth.
Tusla provide a Foster Care Allowance (FCA) to foster parents in respect of each foster child in their care. This is currently paid at €325 per week for each child under 12 and €352 per week for each child over 12. The FCA is paid regardless of income or means and it is not assessed as means for the purposes of any social welfare payment.
In addition, Tusla offers strong support structures to assist the child, carer and family during the fostering term. Tusla also provides training for the carer or family, on-going liaison with social workers, insurance and a medical card for the child in care.
Article S159 (8) of Statutory Instrument 142 of 2007 provides that after six months a foster carer may apply to receive Child Benefit in respect a foster child or children in their care. This approach has been adopted because in many circumstances the birth parents of the child don't stop receiving the child benefit for their child immediately on the child being taken into care, but only after six months of the child being in care. These arrangements accommodate situations whereby a child might be taken into foster care temporarily and be returned to their birth parent(s) after a short period of time and thus it helps maintains the important link between the birth parent and their child.
Overall, I am satisfied that the current provisions regarding the arrangements for transferring Child Benefit to foster carers are appropriate and I do not have any plans to amend these arrangements at this time.
603. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will provide information (details supplied) in relation to a social welfare payment; and if she will make a statement on the matter. [52759/21]
View answerThe supplementary welfare allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents.
The basic supplementary welfare allowance provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes.
Statistics are not maintained on the average waiting times for Basic SWA payments to be processed in Co Kerry. Nationally, the average time to award for Basic SWA in September was one week, and 93% of claims were awarded within one week.
Table 1 below shows the number of Basic SWA recipients in Co Kerry at the end of each year for period 2018-2020 and at the end of September 2021.
It should be noted that other supports under the SWA scheme can consist of a weekly or monthly supplement in respect of certain expenses, as well as single exceptional needs payments (ENPs) and urgent needs payments (UNPs).
I trust this clarifies the matter for the Deputy.
Table 1: Basic SWA recipients in Co Kerry
|
2018 (Recipient Numbers at year end) |
2019 (Recipient Numbers at year end) |
2020 (Recipient Numbers at year end) |
2021 (Recipient Numbers at end of September) |
|
|
Basic SWA |
355 |
394 |
255 |
259 |
604. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a back to education appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [52765/21]
View answerThe Back to Education Allowance (BTEA) scheme is designed to support second chance education that allows persons in receipt of certain social welfare payments the opportunity to pursue a course of study, while still maintaining their income support, subject to satisfying a number of conditions. The conditions include progressing to a higher level of education than that already held by the applicant. This condition is not a requirement unique to this scheme as other State supports for education purposes are grounded on a student progressing.
An applicant who already holds a level 7 ordinary degree can only apply for the one year add-on honours degree course which may be in a different discipline. They are not eligible to receive BTEA for a new level 8 degree course. Where a Level 7 ordinary degree is held, progression to a level 8 higher diploma may be approved, as a higher diploma is normally awarded following completion of a programme of one year duration.
Overall, it is important to note that the purpose of the BTEA is to raise educational and skill levels so as to improve a welfare recipient’s employment prospects. Progression in education is an important condition of the support provided.
The Student Universal Support Ireland (SUSI) Grant, payable by the Department of Further and Higher Education, Research, Innovation and Science, represents the primary support for people pursuing third level education.
I trust this clarifies the matter for the Deputy.
605. Deputy Robert Troy asked the Minister for Social Protection the number of persons on the State pension (contributory) who joined the scheme post 1 September 2012 with in excess of 2,080 contributions who are denied a maximum pension. [52770/21]
View answer606. Deputy Robert Troy asked the Minister for Social Protection the number of persons on the State pension (contributory) who joined the scheme pre 1 September 2012 with in excess of 2,080 contributions who are denied a maximum pension. [52771/21]
View answerI propose to take Questions Nos. 605 and 606 together.
People who apply for the State Pension (Contributory) (SPC) after 1 September 2012 and who do not qualify for the maximum rate of pension under the Yearly Average approach can be assessed under the interim Total Contributions Approach, and can use the new Home Caring Periods Scheme to help them qualify for a higher rate of pension. This means that any such person with a PRSI record of 2,080 qualifying contributions or more at the time of award is entitled to the maximum rate of SPC.
For SPC recipients who were awarded SPC prior to 1 September 2012, pension rates were calculated using the Yearly Average approach only. Due to the nature of the calculation, certain people’s pensions will be below the maximum rate of SPC, despite a record of 2,080 contributions.
My Department’s records show that at least 1,818 people with a record of 2,080 contributions or more who retired prior to 1 September 2012 are in receipt of a pension below the maximum rate of SPC. However, detailed social insurance records are not readily available for some 14,000 pensioners who retired prior to 2006 and who are currently in receipt of a pension below the maximum rate. If these pensioners’ social insurance records are similar to those of people who retired between 2006 and 2012, then the overall number of people in this category would be significantly higher.
More broadly, there are over 100,000 people in receipt of SPC at below the maximum rate who retired prior to 1 September 2012. Any retrospective application of the interim Total Contributions Approach would have to be extended to this whole cohort, so that my Department would have to review the pension rate for each pensioner, as well as for Qualified Adult Allowance and other pension claims where there is an underlying entitlement to SPC.
Retrospectively reviewing the SPC entitlements of the 94,000 people who retired on or after 1st September 2012 and whose original SPC rate was below the maximum resulted in an average pension rate increase of €7.90 per week.
If the average uplift for SPC recipients who retired before 1st September 2012 is similar, this would imply additional annual expenditure of €46.5 million.
My Department’s Actuary estimates that the full cost of implementing such a policy change, including back-dating of increases to the date of retirement and increased payments in the future, would be over €1 billion. Even if the back-dating of increases were to be restricted to the years after 2012, the cost would be over €700 million.
The Deputy may also wish to note the following:
- Recipient figures were taken as at 31st December 2020.
- A record is taken to mean the aggregate of paid contributions, credited contributions and Home Caring periods.
- Under the interim Total Contributions Approach introduced in 2018, caps of 520 credited contributions and 1,040 Home Caring periods apply, with a combined cap of 1,040 across both credited contributions and Home Caring periods.
- Home Caring periods (which include periods prior to 6 April 1994) are key to identifying those who would benefit from the interim Total Contributions Approach which was introduced in March 2018. However, the Home Caring period data captured in the Department’s systems are quite limited, as these data relate strictly to Homemaker’s Scheme applications (which only recognised caring periods after 6 April 1994).
- Those not achieving the maximum rate of SPC also include pensioners with “Mixed” insurance records and EU/Bilateral pensions.
607. Deputy Robert Troy asked the Minister for Social Protection further to Parliamentary Question No. 73 of 6 October 2021, if her attention has been drawn to the fact that this is not a justification for denying the application of the March 2018 changes to the scheme to all pensioners who have in excess of 2,080 contributions. [52772/21]
View answerThe introduction of the interim Total Contributions Approach as announced in January 2018 was designed to address a situation where some pensioners were negatively affected by the changes announced to rate bands and payment rates in Budget 2012 and this specific purpose was made clear at the time.
People whose pensions were decided under the 2000-2012 ratebands (i.e., those born before 1 September 1946) were subject to a significantly more generous payment regime than those who qualified before or afterwards, as a Yearly Average of only 20 contributions per year (out of a maximum of 52) could attract a 98% pension.
If pre-2012 pensioners were also allowed avail of the interim Total Contributions Approach, their arrangements, as a group, would continue to be significantly more generous than those of post-2012 pensioners.
My Department’s Actuary estimates that the full cost of implementing such a policy change, including back-dating of increases to the date of retirement and increased payments in the future, would be over €1 billion. Even if the back-dating of increases were to be restricted to the years after 2012, the cost would be over €700 million.
I hope this clarifies the matter.
