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Tuesday, 16 Nov 2021

Written Answers Nos. 385-404

Social Welfare Benefits

Questions (385)

Bernard Durkan

Question:

385. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for an exceptional needs payment in the case of a person (details supplied); and if she will make a statement on the matter. [55715/21]

View answer

Written answers

The person concerned was awarded an Exceptional Needs Payment (ENP) of €1,525 towards the cost of electrical goods and flooring on 08/10/2021.

Following a request for a review, the Reviewing Officer found that the Designated Person complied with the legislation and guidelines in awarding €1,525 on the basis the person concerned has €3,000 in her Credit Union account. The award made by the Designated Person was therefore upheld by the Reviewing Officer and the person concerned was informed of the outcome in writing on 10/11/2021.

If the circumstances of the person concerned have changed since her last ENP application, it is open to her to submit a new application.

I trust this clarifies the matter.

Social Welfare Benefits

Questions (386)

Michael Lowry

Question:

386. Deputy Michael Lowry asked the Minister for Social Protection if she will examine the case of a person (details supplied) [55721/21]

View answer

Written answers

Following a review of the Illness Benefit claim from the person concerned, a decision was made that they are capable of work and as such are not entitled to Illness Benefit from the 28th July 2021.

A self-assessment form submitted by the person, along with medical reports submitted by the person's GP and a medical assessment from the Department's medical assessor were considered. After examining all the evidence provided, it was the Deciding Officer's decision that the person was not incapable of work.

A letter issued to the person concerned on the 22nd July 2021 informing them of this decision. This letter outlines their right to have this decision internally reviewed by a Deciding Officer from the Department or to appeal the decision to the independent Social Welfare Appeals Office. To date the Department has not received a request for review or appeal from the person concerned.

I trust this clarifies the position for the Deputy.

State Pensions

Questions (387)

Michael Creed

Question:

387. Deputy Michael Creed asked the Minister for Social Protection if there is a differentiation in the treatment of capital in which the capital has been accumulated through the compulsory purchase of lands by the State for the purposes of the means test for the State pension (non-contributory); and if she will make a statement on the matter. [55723/21]

View answer

Written answers

Social welfare legislation provides that all income and capital belonging to an applicant (and his or her spouse/partner, where applicable) is assessable for means testing purposes for social assistance schemes, such as the State Pension Non-Contributory (SPNC). This includes capital such as savings, investments, and property (other than the principal family home).

Under the means testing rules applying to the SPNC, the first €20,000 of capital is fully disregarded; the next €10,000 is assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand. The SPNC means test also disregards the first €30 of weekly means from any source. This means that a recipient of the SPNC with no other means can hold capital of up to €40,000 and still qualify for the maximum weekly rate of payment.

Certain statutory bodies are empowered to purchase land by means of a compulsory purchase order (CPO). Compulsory purchase usually takes place to allow a public infrastructure project to proceed for the common good. Where a person's property is subject to a compulsory purchase order, they should be compensated based on the market value of their land or property.

Disregarding a potentially large amount of capital such as this, based solely on the fact that it was acquired through a CPO, would run contrary to the general aim of the means test, which is to ensure that persons with reasonable amounts of income or capital are in a position to use it to support themselves without having to rely solely on a means-tested welfare payment.

However, it should be noted that where a person has sold his/her residence and is holding the money pending completion of the purchase of another property, a Deciding Officer may decide not to assess the capital for a temporary period and review subsequently to confirm that the purchase was completed. This exemption can be considered in cases where a person's home has been subject to a CPO, while they are in the process of purchasing another home.

I trust this clarifies the matter for the Deputy.

Family Law Cases

Questions (388)

Catherine Murphy

Question:

388. Deputy Catherine Murphy asked the Minister for Social Protection the mechanism for recovering overdue maintenance payments in cases in which the payments on foot of a court order are not being made; the way the creditor can have the payments deducted from a person's social welfare income and processed into theirs; the process and the requirements in terms of court orders; the section of her Department that will deal with an order of this type; and if she will make a statement on the matter. [55724/21]

View answer

Written answers

Issues relating to maintenance orders are a matter for my colleague, the Minister for Justice, who has responsibility for the Family Law Acts, which govern maintenance requirements.

If a person was in receipt of maintenance that they are entitled to, following a court order, and has stopped receiving it, that person should contact the Courts Service. The Court on application may make an order directing the Department of Social Protection to deduct specified amounts from the debtor's Social Welfare payments.

I trust that this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (389)

Denis Naughten

Question:

389. Deputy Denis Naughten asked the Minister for Social Protection if whether a person is in receipt of incapacitated child tax credit is taken into consideration during assessment of an application for domiciliary care allowance; and if she will make a statement on the matter. [55784/21]

View answer

Written answers

Eligibility to Domiciliary Care Allowance (DCA) is based on a child having a severe disability that requires ongoing care and attention substantially over and above the care and attention usually required by a child of the same age and is likely to last for at least one year. It is payable in respect of children aged under 16 years and is not means tested.

Incapacitated child tax credit (ICTC), which is administered by the Revenue Commissioners, is allowable if it is considered that a child is permanently incapacitated by reason of mental or physical infirmity such that there would be a reasonable expectation that if the child were over the age of 18 years the child would not be able to support themselves by earning an income from working.

Given the different assessment criteria that apply for DCA and ICTC, it is not considered appropriate to factor Incapacitated tax credit into the DCA assessment process.

I trust this clarifies matters for the Deputy.

Social Welfare Eligibility

Questions (390)

Joan Collins

Question:

390. Deputy Joan Collins asked the Minister for Social Protection the reason persons aged over 65 years who would otherwise be entitled to benefit payment are not able to claim the payment along with the half-rate carer’s allowance. [55788/21]

View answer

Written answers

The Benefit Payment for 65 year olds was introduced in early 2021 in line with the Programme for Government commitment, to address the position of people who are 65 who are required to or who choose to retire at age 65 but who do not qualify for the State Pension until they reach age 66.

The underlying statutory basis of this benefit is provided for under Jobseeker's Benefit. However, recipients of the Benefit Payment for 65 Year Olds are not required to be available for full-time work or genuinely seeking work and they are not be required to sign on the Live Register. Recipients are exempt from participating in activation unless they choose to engage and can also participate in a course of education while retaining their full payment entitlement.

The objectives of the Jobseeker schemes and Carers schemes are not compatible. The primary objective of the Carer’s Allowance payment is to provide an income support to carers whose earning capacity is substantially reduced as a consequence of their caring responsibilities and in so doing to support the ongoing care of the person in respect of whom care is being provided.

The payment of the Benefit Payment for 65 Year Olds and half-rate carers is not permitted under the legislative provisions in place.

I trust that this clarifies the matter for the Deputy.

State Pensions

Questions (391)

Paul Murphy

Question:

391. Deputy Paul Murphy asked the Minister for Social Protection if her attention has been drawn to the issue concerning the formula for averaging the qualifying period for the State pension (contributory) (details supplied). [55839/21]

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Written answers

It is well known that as the yearly average method of calculating the rate of pay at which the State Pension (contributory) uses the time spent by individuals in the social insurance system, some can receive a full rate pension with as little as 10 years worth of contributions.

To this end, the National Pensions Framework (2010) confirmed the intention to introduce a new method for calculating entitlement to the State pension contributory from 2020. It proposed that the current ‘yearly average’ system, be replaced with a ‘Total Contributions Approach’ (TCA), which would make the level of pension directly proportionate to the number of social insurance contributions made by a person over his or her working life, with significant pension credits granted to people who have taken time out of the workplace to perform caring duties.

In January 2018, the Government announced an Interim Total Contributions Approach (TCA) to calculate the entitlement of pensioners who reached state pension age on or after 1 September 2012 (i.e. those born on or after 1 September 1946) and who had a reduced rate pension entitlement based on post Budget 2012 rate bands. All pensioners who have reached state pension age since September 2012, therefore, have seen both YA and interim TCA methods applied and they receive whichever rate is most beneficial.

The Pensions Commission was established in November 2020 to examine the sustainability of the State Pension system and the Social Insurance Fund, in fulfilment of a Programme for Government commitment. The Commission was an independent body comprised of knowledgeable and experienced academics, pension experts, members of civil society and representatives of workers and employers. The Commission has completed its work and its report was published on 7th October 2021. That report, the Commission's Technical Sub-Committee's working papers and the submissions received by the Commission as part of its public consultation are available on the Commission’s website, pensionscommission.gov.ie.

The Commission recommends that the full transition to a Total Contributions Approach and the abolition of the Yearly Average approach to calculating entitlement to the State Pension Contributory rate of payment should be implemented as soon as possible, pending the passage of necessary legislation and IT system changes. It further recommended that for those who are better off having their pension entitlement calculated under the Yearly Average approach, a phased transition to the Total Contributions Approach should apply gradually over a 10 year period.

In the interests both of older people and of future generations of older people, the Government intends to consider the comprehensive and far reaching recommendations in the Commission’s Report very carefully. My officials will work over the coming months to examine each of the recommendations. They will consult across Government through the Cabinet Committee system. I think it is really important that we complete that work before reaching conclusions. I intend to bring a recommended response and implementation plan to Government by the end of March 2022.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (392)

Paul Murphy

Question:

392. Deputy Paul Murphy asked the Minister for Social Protection if supports are available to persons who are in receipt of disability allowance who are trying to pay off a mortgage in view of the fact that a person in receipt of social welfare payments can avail of rent assistance. [55863/21]

View answer

Written answers

The original purpose of the mortgage interest supplement scheme (MIS) was to provide short-term support to eligible people who were unable to meet their mortgage interest repayments in respect of a house which was their sole place of residence, due to temporary unemployment or loss of earnings.

The 2011 Inter-Departmental Mortgage Arrears Working Group Report, known as the Keane Report, identified mortgage interest supplement as an inappropriate long-term support. The central tenet of the report’s findings was that mortgage interest supplement did little to assist families in improving the long-term difficulty in addressing their mortgage difficulties The scheme only covered the interest payments on the mortgage; it did not reduce the value of the outstanding mortgage and, in effect, acted as a subsidy to the lending institution while creating a potential welfare trap for the customer, with customers accumulating arrears whilst receiving support.

The mortgage interest supplement scheme was discontinued for new entrants from 1 January 2014. The most appropriate way in which customers experiencing mortgage difficulties is through on-going engagement with their lender to explore a sustainable and appropriate repayment structures with their lending institution.

Under the Central Bank's Code of Conduct for Mortgage Arrears (CCMA), measures and policies are in place to support customers in financial difficulty with their mortgage commitments. The CCMA is issued by the Central Bank under Section 117 of the Central Bank Act 1989. providing an appropriate framework for customers, with the responsibility of forbearance for a customer’s mortgage difficulties resting with the mortgage service provider. Under the CCMA, lending institutions encourage customers to contact them at the earliest opportunity regarding their concerns and any particular circumstances which may impact on the customer’s financial well-being. The CCMA provides support for those that are in: arrears, pre-arrears or those who fall under scope of the Mortgage Arrears Resolution Process (MARP).

There are services provided by the State which can assist and advise those in financial difficulty:

- ABHAILE is the national mortgage arrears resolution service. It is provided free of charge to insolvent borrowers who are at risk of losing their home due to mortgage arrears. ABHAILE is focused on providing expert financial and legal advice and assistance to borrowers to identify and put in place solutions to their arrears, and wherever possible, enable the borrowers to remain in their home.

- The Money Advice and Budgeting Service or MABS, under the aegis of the Citizens Information Board, also continues to provide assistance to people, in particular those on low incomes or living on social welfare payments, who are over-indebted and need help and advice with debt problems. As part of its free services, MABS also provides help and advice to those in mortgage arrears.

I trust this clarifies the matter for the Deputy.

Departmental Correspondence

Questions (393, 406)

Brendan Smith

Question:

393. Deputy Brendan Smith asked the Minister for Social Protection if she will give consideration to matters raised in correspondence from Monaghan County Council (details supplied); and if she will make a statement on the matter. [55931/21]

View answer

Niamh Smyth

Question:

406. Deputy Niamh Smyth asked the Minister for Social Protection if she will review correspondence (details supplied); if she will meet with staff on this issue; and if she will make a statement on the matter. [56163/21]

View answer

Written answers

I propose to take Questions Nos. 393 and 406 together.

Firstly, I want to acknowledge the work of Local Employment Service and Job Clubs providers across the State.

My Department has been given clear legal advice from the Chief State Solicitors Office and the Attorney General that the contracting of these services is unsustainable in its current form and there must be a competitive procurement for future public employment services. My Department cannot ignore this legal advice and note that this is also in line with good governance and best practice.

There has been extensive engagement in relation to this matter, both at Ministerial and official level since 2019. In addition to site visits by officials to every contracted public employment service in the State, including Monaghan, there has been continual engagement with stakeholders through numerous meetings with the representative body, the ILDN, and other stakeholders.

My Department is now at an advanced stage in its first phase of procuring new employment services. This phase involves the procurement of regional employment services for seven counties in the Midlands and North-West across four lots. These counties do not have an existing local employment service and represent the first phase of an expansion of similar employment services across the State.

I can assure the Deputies that no new privatisation is being undertaken in relation to employment services. No service previously undertaken by civil or public servants is being outsourced. Local Employment Services and Job Clubs have always been contracted out services and provide employment services for those who are long term unemployed.

The Phase two procurement, which will see the Regional Employment Service model rolled out across the State will consider the learnings from the first phase. This is a significant expansion of employment services and will result in State-wide coverage of employment services for those furthest from the labour market for the first time. These new services were due to commence at the start of next year. However, on foot of requests for additional time from the sector to facilitate existing providers working collaboratively to submit joint tenders, the commencement of these new employment services under phase two has been postponed by six months until July 2022. It is intended that the Requests for Tenders will issue by the end of this year but additional time for submissions has now been included in the revised timeline.

My Department will continue to consult with its service partners prior to the finalisation of the Phase two procurement process.

Social Insurance

Questions (394)

Brendan Griffin

Question:

394. Deputy Brendan Griffin asked the Minister for Social Protection if a person (details supplied) in County Kerry will be given credited contributions for periods they were unemployed in 2018 and 2019; and if she will make a statement on the matter. [55938/21]

View answer

Written answers

Credited contributions (credits) are social insurance contributions designed to protect the social insurance entitlement record of insured workers who are not in a position to make PRSI contributions. If, at any stage since starting work, a person has no PRSI contributions paid or credited for 2 full tax years in a row, that person cannot get credits until he/she returns to work and pays PRSI contributions for 26 weeks. Contributions paid at Classes J, K, M or S cannot be used to satisfy this condition. If a self-employed person has only ever paid Class S PRSI contributions then he or she is not entitled to credits. If the person can no longer pay Class S PRSI due to illness, unemployment or if income from self-employment falls below €5,000, he or she does not qualify for credits.

As per the Departments records, the person concerned paid Class S contributions from 2012 to 2017. They have paid Class A PRSI in 2019. They do not have an entitlement to credits in 2018 as the previous employment was at Class S ( Self employed). If this person wishes to continue to contribute towards a State Pension he or she may opt to pay voluntary contributions for the period of employment following their self employment . It should be noted that voluntary contributions do not cover short term benefits such as Illness, Jobseekers, Maternity, Occupational Injuries, Dental and Optical Treatment Benefits. A person can apply to make voluntary contribution within 60 months (5 years) of the end of the last completed tax year (contribution year) during which they paid compulsory insurance or were last awarded a credited contribution.

The person concerned has 31 A contributions paid in 2019 and is now eligible to apply for credits during a period of unemployment . The person concerned should contact their local Intreo Centre when their employment ceases to confirm their entitlements at that time.

Social Welfare Eligibility

Questions (395)

Denis Naughten

Question:

395. Deputy Denis Naughten asked the Minister for Social Protection if she will provide a full copy of the medical protocols used to assess eligibility to payments on medical grounds; and if she will make a statement on the matter. [55939/21]

View answer

Written answers

Following clarification with the Deputy’s office, the protocols requested pertain to DCA and Invalidity Pension.

Domiciliary Care Allowance

The fundamental guidelines for assessing Domiciliary Care Allowance (DCA) was developed by an Expert Medical Group (available on www.gov.ie) was established in advance of the transfer of the scheme to this Department in 2009, and recommended that the most appropriate way for the Department to conduct assessments for medical eligibility was by assessment of the evidence submitted by the claimant, as provided by themselves and the medical staff who regularly see the child. What is being assessed is the level of additional care and attention that the child requires as a result of that condition/disability and if this is substantially in excess of that required by a child of the same age without the condition.

Eligibility for the DCA is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted.

Medical Assessors will take the following into account before giving his/her opinion on whether the child meets the medical criteria:

- Review the history of the case

- Consider all medical reports received

- Have regard to the description of the care and attention required by the child given by the parent/guardian.

Updates to the eligibility and application process were included following departmental review of the scheme in 2012. These include

- A revised application form,

- Improved information provision with new information guidelines, and

- Advance notification to the customer of an upcoming review and extended time to return the review form with any supporting documentation parents may wish to have considered, and

- An additional medical specialist form is requested in applications involving children with Pervasive Developmental Disorders.

Depending on the medical condition(s) and the age of the child, the tools/aids used to assess an application is tailored to the medical condition(s), including the information available on www.cdc.gov for developmental milestones.

Invalidity Pension

Medical Assessors will assess if claimants are medically unfit for work and qualify on medical grounds for Invalidity Pension.

To qualify claimants must:

- have been incapable of work (and on Illness Benefit) for at least 12 months and be likely to be incapable of work for at least another 12 months.

or

- be permanently incapable of work.

In the process of assessment, Medical Assessors exercise their knowledge and skills, supported by a structured programme of academic and continued medical education activities. Where required they have access to international best practice, such as NICE guidelines and the Medical Disability Guidelines for reference.

I hope this clarifies the matter for the Deputy.

State Pensions

Questions (396, 397, 407)

Maurice Quinlivan

Question:

396. Deputy Maurice Quinlivan asked the Minister for Social Protection the reason community employment supervisors who have received statutory redundancy are excluded from the gratuity payment upon reaching State pension age while retired community employment supervisors are eligible to apply; and if she will make a statement on the matter. [55944/21]

View answer

Maurice Quinlivan

Question:

397. Deputy Maurice Quinlivan asked the Minister for Social Protection if acceptance of the agreement reached with unions (details supplied) in relation to community employment supervisors will preclude those who were provided standard statutory redundancy payments from the once-off gratuity payment in lieu of a community employment pension that was committed to by the Labour Court in 2008; and if she will make a statement on the matter. [55945/21]

View answer

Gerald Nash

Question:

407. Deputy Ged Nash asked the Minister for Social Protection the status of the latest proposals by her Department to address the issue of the provision of pensions to community employment supervisors; and if she will make a statement on the matter. [56167/21]

View answer

Written answers

I propose to take Questions Nos. 396, 397 and 407 together.

As the Deputies will be aware, CE supervisors and CE assistant supervisors have been seeking for several years, through their union representatives, SIPTU and Forsa, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors and CE assistant supervisors who are employed by CE scheme sponsors. This claim creates some difficulties because the State is not the employer of the supervisors.

Within this context, officials from my Department and the Department of Public Expenditure and Reform held discussions on proposals to progress and resolve this complex issue, while having regard to the wider budgetary framework. Department officials also held discussions with unions representing CE supervisors and CE assistant supervisors.

At the start of April this year, agreement was reached between the Minister for Public Expenditure and Reform and the Minister for Social Protection on proposals to resolve the long-standing issue.

Since that time, discussions on these proposals took place between my Department and the unions representing CE supervisors and CE assistant supervisors, in consultation with other relevant Government Departments; the Department of Expenditure and Reform and the Department of Finance.

Department officials wrote to both SIPTU and Forsa recently setting out the terms of a full and final settlement which will involve a once off ex-gratia payment to CE supervisors and assistant supervisors on reaching pension age. The total value of the financial package now on the table is in excess of €24 million.

This scheme will apply to all supervisors who have retired since 2008, subject to qualifying criteria and has the potential to benefit up to 2,200 existing and former CE supervisors and CE assistant supervisors. As with all settlements it is subject to certain qualifying criteria in order to ensure that it is a fair and equitable while ensuring it does not place an undue burden on the exchequer.

This proposal is currently under consideration by the unions representing CE supervisors and assistant supervisors. As such it would not be appropriate for me to comment further at this time.

I trust this clarifies matters for the Deputies.

Question No. 397 answered with Question No. 396.

Social Welfare Eligibility

Questions (398)

Bernard Durkan

Question:

398. Deputy Bernard J. Durkan asked the Minister for Social Protection the eligibility for the fuel allowance in the case of a person (details supplied); and if she will make a statement on the matter. [55954/21]

View answer

Written answers

The person concerned must complete an application form for fuel allowance and submit it to the Department in order to have his eligibility checked and a formal decision made on his entitlement to the allowance.

To date no application for fuel allowance has been received from the person concerned. An application form issued to him on 11 November 2021.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (399)

Bernard Durkan

Question:

399. Deputy Bernard J. Durkan asked the Minister for Social Protection the eligibility for the living alone allowance in the case of a person (details supplied); and if she will make a statement on the matter. [55955/21]

View answer

Written answers

The person concerned must complete an application form for living alone allowance and submit it to the Department in order to have his eligibility checked and a formal decision made on his entitlement to the allowance.

To date no application for living alone allowance has been received from the person concerned. An application form issued to him on 11 November 2021.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (400)

Réada Cronin

Question:

400. Deputy Réada Cronin asked the Minister for Social Protection if her Department will examine the case and the circumstances of a person (details supplied) in relation to the illness benefit; and if she will make a statement on the matter. [56009/21]

View answer

Written answers

The person concerned was in receipt of Illness Benefit from the 5th May 2011 to the 29th November 2012, at which point he transferred to Partial Capacity Benefit (PCB). This is a scheme that allows a person to return to work and continue to receive a full or partial payment from the Department. He received PCB from the 30th November 2012 to the 22nd May 2013, at which point his entitlement to Partial Capacity Benefit and Illness Benefit exhausted, as payment is made for two years or 624 payable days. This is the reason his claim closed at that time.

The Department received a more recent application for Illness Benefit from the person concerned on the 26th February 2019. This claim was disallowed as he did not meet the PRSI qualifying conditions for payment.

In order to qualify for Illness Benefit, a person must have 39 PRSI contributions paid or credited in the second last complete tax year from which the claim is made, or they must have 26 reckonable PRSI contributions paid in both the second last complete tax year and the year prior to that. They must also have at least 13 PRSI contributions paid in one of the past 5 years from which the claim was made.

The person concerned did not meet the PRSI conditions necessary for payment of Illness Benefit. It is open for the person concerned to make a more up to date application for Illness Benefit, but it would appear that he still does not meet the PRSI criteria for payment of Illness Benefit.

If the person concerned is permanently incapable of work or will be incapable of work for at least one year, it is open for him to apply for the long term, means tested Disability Allowance scheme.

I trust this clarifies the position for the Deputy.

Covid-19 Pandemic Unemployment Payment

Questions (401)

Patrick O'Donovan

Question:

401. Deputy Patrick O'Donovan asked the Minister for Social Protection if she will address a matter regarding the pandemic unemployment payment (details supplied); and if she will make a statement on the matter. [56010/21]

View answer

Written answers

Since the gradual lifting of restrictions the number of customers receiving PUP has fallen dramatically to approximately 60,400 compared to an earlier peak this year of 481,000 in February and a peak of more than 600,000 in 2020. It is important therefore in the interests of equity and sustainability to restore standard social welfare payments in a careful and considered manner.

Generally, a person cannot receive a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension and another social welfare payment at the same time as a jobseekers payment. Given the unprecedented circumstances of Covid-19, special provision was made for PUP to be paid concurrently with certain other specified social welfare payments.

In line with Government’s Economic Recovery Plan, Government agreed to taper the payment of PUP between September and next February 2022 to align it with the standard jobseekers terms. The rates of payment are being reduced on a phased basis, on 14 September and 16 November, with a further reduction due to take effect from 8 February 2022.

As people move on to the €203 rate they are transitioned to standard social welfare terms. This includes those in receipt of other weekly social welfare payments. This measure is to ensure equity of treatment with those who lost their employment before Covid restrictions and those who have lost it since 8 July when the PUP scheme closed to new applicants. Recipients of other weekly concurrent payments, although will lose their entitlement to PUP, will continue to receive their weekly primary payment, such as the Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension, once they continue to satisfy the conditions of the scheme.

Supports are available from the Department's Public Employment Service to assist people to return to employment.

I trust that this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (402)

Bernard Durkan

Question:

402. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for illness benefit in the case of a person (details supplied); and if she will make a statement on the matter. [56048/21]

View answer

Written answers

The person concerned is currently in receipt of the Pandemic Unemployment Payment (PUP).

In order to qualify for Illness Benefit, a person must have 39 PRSI contributions paid or credited in the second last complete tax year from which the claim is made, or they must have 26 reckonable PRSI contributions paid in both the second last complete tax year and the year prior to that. They must also have at least 13 PRSI contributions paid in one of the past 5 years from which the claim was made.

The person concerned does not meet the PRSI conditions necessary for payment of Illness Benefit. A letter will issue to the customer on 15 November explaining the situation.

If the person concerned expects to be incapable of work for at least one year, it is open for her to apply for the long term, means tested Disability Allowance scheme.

I trust this clarifies the position for the Deputy.

Social Welfare Schemes

Questions (403)

Neale Richmond

Question:

403. Deputy Neale Richmond asked the Minister for Social Protection the initiatives in pathways to work available to parents who are not on jobseeker’s allowance and who exited the workforce to care for their children for less than five years and more than five years; if they are eligible for access to schemes, allowances or initiatives (details supplied); and if she will make a statement on the matter. [56085/21]

View answer

Written answers

Under Pathways to Work 2021-2025, the Government committed to the expansion of Intreo’s Public Employment Service capacity to ensure that all those who wish to enter or re-enter the labour force have the necessary support to help them make the transition to work. In particular, the Pathways to Work strategy seeks to increase labour market participation among groups that would not traditionally be considered as ‘unemployed’. This includes lone parents, people with disabilities and members of minority ethnic groups, as well as those people who may have taken time out of the workforce and would now like to return.

Parents, who are not on Jobseeker’s Allowance and who exited the workforce to care for their children, can access a number of the schemes, allowances and initiatives outlined in the Pathways to Work strategy, subject to meeting the relevant eligibility criteria.

For example, access to the new Work Placement Experience Programme (WPEP) is not limited to those on Jobseeker payments, but rather is also open to those on a range of other qualifying social welfare payments, including the One-Parent Family payment, Disability Allowance and Blind Pension. Furthermore, individuals in receipt of these payments can automatically qualify for WPEP without the required qualifying timeframe. The WPEP aims to provide those looking to get back into work, or who have never had a job or who have lost their employment, with an opportunity to gain meaningful work experience in a supportive environment with a view to increasing their employment prospects.

The Training Support Grant (TSG), which is designed to fund quick access to short-term training that can support individual jobseekers seeking employment (including self-employment ) to access work opportunities, is also open to those on other qualifying social welfare payments, such as One-Parent Family payment and Carer’s Allowance. It is also open to those who are qualified adults on a Jobseeker’s payment and are seeking employment. The grant can be provided when an Intreo Case Officer or Job Coach has identified the immediate skills gap that represents an obstacle to the person taking up a job offer.

Both the Back to Education Allowance (BTEA) and Back to Work Enterprise Allowances (BTWEA) are also open to those on other qualifying social welfare payments, apart from Jobseeker’s, subject to meeting other eligibility criteria and timeframes.

Similarly, Community Employment Programmes, which are designed to help people who are long-term unemployed (or otherwise disadvantaged) get back into work by offering part-time and temporary placements in jobs based within local communities, are also available to those on a number of other qualifying social welfare payments apart from Jobseeker payments, including One-Parent Family Payment among others. In general, an individual must also be getting one of these qualifying payments for at least 12 months to be eligible.

Alternatively, if a parent who previously exited the labour force is not in receipt of a qualifying social welfare payment and now wishes to return (and/or benefit from the supports listed above), they can do so by applying for a jobseeker’s payment. By demonstrating their underlying eligibility for a jobseeker’s payment at an Intreo Office or online at MyWelfare.ie., they will qualify for a range of employment services and supports. It is important to note however, that some schemes offered by my Department – such as the WPEP – require an individual to have received a minimum number of qualifying payments before becoming eligible.

Recognising the additional difficulties people with disabilities experience in securing and maintaining employment in the open labour market, my Department contracts for the provision of the EmployAbility Service to help address these challenges. Individuals, including parents returning to the work force, wishing to access the EmployAbility Service must be referred by Intreo or the Local Employment Service (LES). The individual does not have to be in receipt of a disability or illness payment to access the service. The service is open to people with disabilities including those recovering from injury or illness, that are ‘job ready’ and need the support of an EmployAbility Job Coach to get a job in the open labour market.

With regards to training and further education supports, Case Officers within Intreo can refer individuals in receipt of a qualifying payment to these opportunities. Some courses offered by the further education and training sector, including Education and Training Boards (ETBs) , may also be available to those without a qualifying payment but further details on that would be more appropriately directed to my colleague Simon Harris, T.D., Minister of Further and Higher Education, Research, Innovation and Science.

Finally, I would like to highlight the commitments and supports set out in the Pathways to Work strategy that are specifically focused on increasing labour market participation, including, but not limited to, developing and implementing a new ‘Returners’ programme. This 'Returners' programme will aim to encourage and support people who left the workforce, and have been outside of the workforce for some time, to take up employment. It is envisaged that the programmes will be of particular benefit to older workers, carers and parents, hoping to re-join the labour market. These programmes, which will be developed jointly by my Department and the Department for Enterprise, Trade and Employment, are currently scheduled to begin from Q1 2023.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (404)

Róisín Shortall

Question:

404. Deputy Róisín Shortall asked the Minister for Social Protection the reason 234 calendar days is not used to assess eligibility for the back to education allowance; if 234 calendar days are not being used, if 273 calendar days are being used; if so, if this can be stated clearly on the website of her Department; if it is the case that recipients of the pandemic unemployment payment automatically qualify for the back to education allowance, whereas persons who were made redundant during the Covid-19 pandemic do not; if so, the reason for same; and if she will make a statement on the matter. [56109/21]

View answer

Written answers

The Back to Education Allowance (BTEA) provides income support for jobseekers and certain others in receipt of social welfare payments who pursue courses of education at second or third level, subject to meeting the qualifying conditions.

To qualify for BTEA, a person must be in receipt of a social welfare payment for a minimum period of 3 months if pursuing a 2nd level course, or 9 months prior to the date of commencement of their 3rd level course.

Jobseekers who are awarded statutory redundancy may have access to the BTEA Scheme immediately on being made redundant or within one year of the award of Statutory Redundancy. The qualifying period was also waived for recipients of PUP. A jobseeker including a PUP recipient must first establish an entitlement to a BTEA qualifying social welfare payment immediately prior to the commencement of an approved course of study.

The criteria for the period of time on a claim is determined with reference to a customer’s underlying entitlement to their primary scheme. If a person is fully unemployed, the 3 and 9 month criteria refers to the calendar period. However, if a person is partially unemployed and receiving jobseeker payments for specific days, for example in the case of part-time or casual employment, this calendar period is extended. This period is extended such that the 234 days requirement for a third level course is met.

I trust this clarifies the matter for the Deputy.

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