Written Answers Nos. 123-137
123. Deputy David Cullinane asked the Minister for Social Protection the number of persons who have been excluded by the clause which prevents former community employment supervisors from getting the proposed once-off gratuity payment if they had already received a statutory redundancy pay-out; the number who will receive the proposed once-off gratuity payment; and if she will make a statement on the matter. [56217/21]
View answerAs the Deputy 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 Deputy.
124. Deputy Willie O'Dea asked the Minister for Social Protection if a decision has been made on an invalidity pension application by a person (details supplied); and if she will make a statement on the matter. [56244/21]
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 from the person concerned on 19 May 2021. The claim for IP was refused on the grounds that the medical conditions for the scheme are not satisfied. Notification of the decision issued to the person concerned on 24 May 2021 informing her of this decision, the reasons for it and of her right of review and appeal.
The person concerned requested a review of this decision and submitted further medical evidence in support of her request. Following a review of all the information available it has been decided that there is no change to the original decision. She was notified on 15 November 2021 of the outcome of the review and of her right to appeal the decision to the independent Social Welfare Appeals Office within 21 days.
I hope this clarifies the position for the Deputy.
125. Deputy Duncan Smith asked the Minister for Social Protection if the credits paid in the UK for an Irish national (details supplied) should not count towards their treatment benefit and optical benefit in this case; if there is another way the person can avail of such treatment; and if she will make a statement on the matter. [56279/21]
View answerQualification for Treatment Benefit is based on satisfying certain PRSI conditions, including having paid the required total number of insurance contributions since first starting work, along with having the required number of contributions paid or credited in the relevant tax year on which the claim is based.
A social insurance record in the EU or the UK can assist a person to qualify for treatment Benefit, provided they have paid PRSI at a relevant class (A, E, H, P or S) since returning to Ireland. Unfortunately, there is no record of any PRSI contributions having been paid by the person concerned, and therefore he does not qualify for Treatment Benefit.
If the person concerned has a Medical Card, he should contact his local HSE office which will advise on potential entitlement under their optical scheme.
I hope this clarifies the matter for the Deputy.
126. Deputy Duncan Smith asked the Minister for Social Protection the reason a public services card was not accepted as photographic identification for a person (details supplied) when applying for Garda vetting given that the person has never had a passport or driving licence; and if she will make a statement on the matter. [56326/21]
View answerThe list of public bodies that are authorised to use a person's Personal Public Service Number (PPSN) and/or accept a Public Services Card (PSC) as proof of identity when transacting with an individual, is set out in social welfare legislation.
An Garda Síochána is included on that list but only in respect of its own members. When the legislation governing the PSC was debated in the Oireachtas in 1998, it was made clear at the time that An Garda Síochána would not be authorised to request or accept the PSC as proof of identity from a member of the public.
The Minister at the time advised the Dáil that "... the public service card will not be a general identity card as the provisions in the Bill make it illegal to use it apart from accessing public services. For instance, it may not be used for identity purposes by the Garda, publicans, etc.".
I trust this clarifies the matter for the Deputy.
127. Deputy Anne Rabbitte asked the Minister for Social Protection if a person (details supplied) can apply for carer’s benefit; and if she will make a statement on the matter. [56331/21]
View answerCarer's benefit (CARB) is a 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. An increased payment can be made where full-time care is being provided to two people. It is payable for a maximum of 104 weeks for each person being cared for.
To qualify the carer must satisfy PRSI conditions, employment conditions, show that they are providing full-time care and attention and must show that the care recipient requires full-time care and attention.
An application for CARB was received from the person concerned on the 3 September 2019 to care for both of her parents.
CARB was awarded in respect of both her mother and father from 7 Nov 2019. We received notification that her mother passed away in Feb 2021, the six weeks after death payment issued to the person concerned and the payment for her late mother was stopped.
CARB payment in respect of her father continues to be paid, it is due to end on 9 March 2022 when the maximum 104 weeks will have been paid.
The person concerned was notified on 29 Jun 2021 that if her father still requires full time care after 9 March 2022, it is open for her to apply for Carer's Allowance.
I hope this clarifies the matter.
128. Deputy Richard Boyd Barrett asked the Minister for Social Protection the position regarding the backlog in issuing death certificates; and when she expects this to be cleared. [56404/21]
View answerThe Deputy will be aware that the HSE is responsible for the day-to-day delivery of civil registration services. The Eastern Registration Area, Joyce House, is responsible for processing applications for death certificates received via the HSE website certificates.ie.
The General Register Office has made enquiries with the HSE who have advised that applications for death certificates continue to be impacted by the cyber-attack and from ongoing public health restrictions on accessing public offices. The HSE is currently recruiting additional staff to assist with clearing the backlogs.
Death certificates, and other forms of certificates, can be ordered directly from any local HSE civil registration office or from the General Register Office.
I trust this clarifies matters for the Deputy.
129. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for injury benefit by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [56463/21]
View answerThe Department has received an application for Occupational Injury Benefit from the person concerned. However, we have not yet received any medical evidence to support this claim.
The person concerned needs to provide a completed Certificate of Incapacity for Work. This can be sent electronically by their GP directly to the Department, or a paper version of the Certificate, which has been signed by their GP, can be sent to the Department.
A letter has issued to the customer requesting medical evidence. Once this medical evidence has been received, a decision can be made on their claim.
I trust this clarifies the position for the Deputy.
130. Deputy Gary Gannon asked the Minister for Social Protection when a PPS number will be issued for a person (details supplied); and if she will make a statement on the matter. [56550/21]
View answerI can confirm that my Department has allocated a Personal Public Service Number (PPSN) to the person referred to by the Deputy.
A letter issued to him on 13th November 2021 providing him with his PPSN.
I trust this clarifies the matter for the Deputy.
132. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if it is planned to reinstate the Disability (Miscellaneous Provisions) Bill 2016 which lapsed with the dissolution of the 32nd Dáil Éireann; and if so, the timeframe in which this will be implemented. [56527/21]
View answerThe Disability (Miscellaneous Provisions) Bill 2016 lapsed with the dissolution of the last Dáil.
The Assisted Decision-Making (Capacity) (Amendment) Bill is being used to advance a number of legislative provisions required by the UNCRPD that were previously included in the Disability (Miscellaneous Provisions) Bill 2016, including measures to double the percentage of people with disabilities to be employed by public bodies from 3% to 6% by 2024.
Work is actively taking place on the Assisted Decision-Making (Capacity) (Amendment) Bill, which is expected to be published and enacted in the new year. It is intended that the Assisted Decision-Making (Capacity) Act 2015 would be amended and fully commenced by June 2022.
133. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth the additional supports being put in place in County Cavan to support victims of domestic violence on a long-term basis; if his Department will review the need for a dedicated refuge in these counties; and if he will make a statement on the matter. [56203/21]
View answerThe response to Domestic, Sexual and Gender-based Violence (DSGBV) is a cross Departmental and multi-agency issue. Overall policy is coordinated by the Department of Justice. Tusla, the Child and Family Agency, has statutory responsibility for the care and protection of victims of DSGBV under the Child and Family Agency Act 2013. Capital funding for approved housing bodies, including services that provide refuge accommodation for victims of DSGBV, is provided by the Department of Housing, Local Government and Heritage.
I am informed by Tusla that support for victims of Domestic, Sexual, and Gender-Based Violence (DSGBV) in County Cavan is available through the services of Tearmann, which is based in Monaghan and funded by Tusla. Tearmann also provides outreach services in County Cavan. While there is no purpose-built refuge facility in this county at present, women can avail of emergency domestic violence accommodation in Counties Louth and Meath, where there are three refuges supported by Tusla. I am advised by Tusla that it has had some engagement with various local stakeholders about potential future refuge developments in this county.
Tusla’s ‘Review of the Provision of Accommodation for Victims of Domestic Violence’ assesses the current and requisite distribution of safe emergency accommodation and has examined the current level of refuge provision, evidence of demand for services and unmet need, and analysis of proximity to refuge by local communities. The Review has been completed and is undergoing the final edit for publication. It is intended to publish the Review this month. Therefore, at present, I am not in a position to confirm if funding for refuges for victims of DSGBV will be established in County Cavan. However, in Budget 2022, Tusla has been allocated an additional €41 million over the 2021 allocation. I have directed Tusla to use part of these additional resources to maintain supports for DSGBV services and address the recommendations arising from Tusla’s Accommodation Review of refuge provision.
My Department will be guided by the recommendations of the Review. I expect that the implementation process for the Review will identify priority areas where there is greatest urgency in achieving safe accommodation for victims of DSGBV. This process will also be guided by the Review in the consideration for refuge spaces over the longer term. The Review represents my commitment to prioritising and supporting victims of DSGBV. Implementation will require collaboration from a range of statutory and other bodies. My Department continues to engage with Tusla, Non-Government Organisations that play a key role in this area, and other relevant Government Departments and Agencies (particularly the Department of Housing, Local Government and Heritage and the Department of Justice) to progress work in this area.
134. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth the locations in counties Cavan and Monaghan that victims of domestic violence can seek refuge accommodation during the Covid-19 pandemic in the absence of domestic refuge spaces. [56204/21]
View answerI appreciate the Deputy's concern in relation to this issue and I am aware that she has engaged with my Department on this matter on numerous occasions.
I am informed by Tusla, the Child and Family Agency, that supports for victims of Domestic, Sexual, and Gender-Based Violence (DSGBV) in counties Cavan and Monaghan are available through the services of Tearmann, which is based in Monaghan and funded by Tusla. Tearmann also provides outreach services in several locations in both counties. While there is no purpose-built refuge facility in these counties at present, women can avail of emergency domestic violence accommodation in Counties Louth and Meath, where there are three refuges supported by Tusla. I am advised by Tusla that it has had some engagement with various local stakeholders about potential future refuge developments in these counties.
I prioritised resources for Tusla in the Budget for 2021, so that it is meeting the needs of victims of DSGBV. This is particularly important in the context of COVID-19. Tusla designated services for victims of DSGBV as one of the Agency's top three priority service areas during the pandemic.
My Department is providing Tusla with core funding of €30 million this year to fund DSGBV services. This includes a €2.7 million increase in core services, bringing core service provision to €28 million, with an additional €2 million of one-off contingency funding being made available to help services cope with the ongoing effects of COVID-19. In Budget 2022, Tusla has been allocated an additional €41 million over the 2021 allocation. I have directed Tusla to use part of these additional resources to maintain supports for DSGBV services and address the recommendations arising from Tusla’s Accommodation Review of refuge provision.
135. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question Nos. 174 and 175 of 10 November 2021, if he will detail the causes of death in the cases of the 164 children who died while living at home but who were known to child protection services between the years of 2010 and 2019; and if he will make a statement on the matter. [56205/21]
View answerThe National Review Panel (NRP) undertakes reviews of the deaths or significant incidents of children who are known to Child Protection Services, are in care or are young adults who were in care. Each case represents a tragedy, whether the death was anticipated or unexpected and leaves behind families, foster carers and staff who grieve for the child or young adult.
Since 2010, the single largest category of deaths reported to the NRP, approximately 40%, was attributed to natural causes, many of which were anticipated. Roughly a quarter of deaths reported to the NRP were attributed to suicide. Of these cases, some had been referred to Child and Adolescent Mental Health Services (CAMHS) as a result of identified mental health difficulties and suicidal ideation.
I have requested that Tusla, the Child and Family Agency, respond directly to the Deputy in respect of the specific information as sought in this Parliamentary Question.
136. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth his plans for a national strategy to tackle child poverty; and if he will make a statement on the matter. [56223/21]
View answerThe Department of Social Protection has lead policy responsibility for child poverty, and works in close collaboration with other relevant government departments on addressing this issue. The Department of Social Protection is currently looking at developing a new child poverty target under its Roadmap for Social Inclusion 2020 - 2025.
My Department is actively engaged in efforts in this regard, with child poverty previously identified as a priority area under Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People 2014-2020.
More recently, my Department established a new EU and International Unit which, among other responsibilities, will lead on the coordination across Government of the necessary actions emerging from the EU Child Guarantee.
As you may be aware, the EU Child Guarantee provides Ireland with an opportunity to re-focus and, where necessary, re-evaluate our approach in tackling child poverty and promoting children’s well-being. The objective of the Guarantee is to prevent and combat social exclusion by guaranteeing access for children who are in need of a range of key services and as such forms a subset to the wider issues revolving around child poverty.
The Child Guarantee calls on Member States to guarantee for children in need, free access to early childhood education and care; education (including school-based activities); and healthcare; and to ensure effective access to healthy nutrition, a healthy meal each school day and adequate housing.
As part of the obligations for Ireland under the Child Guarantee, my Department is currently developing a National Action Plan for the Child Guarantee, in collaboration with a range of Government Departments. In addition, an Interdepartmental Group (IDG) is due to be convened shortly to assist in the drafting and finalisation of the plan.
The effective implementation of the Child Guarantee will involve the active input and participation of all key government departments and agencies. The experience of my Department in the effective implementation of Better Outcomes, Brighter Futures and its cross government and cross sectoral engagement will inform the implementation of the Child Guarantee National Action Plan to ensure it is collaborative, integrated and, ultimately, impactful.
My Department will continue to contribute to the wider response to child poverty through this Action Plan and the development and implementation of the successor framework to Better Outcomes, Brighter Futures, work in relation to which is now underway.
137. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the reason a coroner’s inquest has not been ordered in respect of the Tuam burial site and other institutional sites of unmarked graves; if he will provide clarity on whether the Government will order inquests into the deaths and burials of mother and baby home residents; the reason the proposed certain institutional burials (authorised interventions) Bill disapplies the coroner’s powers relating to these exhumations; and the steps being taken to ensure the birth information and tracing Bill will comply with the State’s obligations under international law (details supplied). [56281/21]
View answerThe General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill, which was approved and published in December 2019, was designed to provide the required legal basis for exhumation, identification and dignified reburial of the infants at the Tuam site and other locations should similar circumstances come to light. The Bill underwent Pre-Legislative Scrutiny in the first half of 2021 and the Joint Oireachtas Committee published its report in July. I am currently carefully considering the recommendations from that process and hope to publish this Bill by the end of the current parliamentary session.
Coroners are independent public officials who have the general duty to hold an inquest if they are of the opinion that the death or deaths may have occurred in a violent or unnatural manner or happened suddenly and from unknown causes. The Coroners Act 1962 makes only limited provision in respect of exhumation and removal of a body, providing only for the Minister for Justice to order an exhumation at the request of the Coroner if the Coroner is informed by a member of An Garda Síochána that a death or deaths may have occurred in a violent or unnatural manner. The Coroner cannot exhume for the purposes of identification. The Coroners Act does not provide for the establishment of Identification Programme, using DNA to establish familial matches, as proposed under the new legislation.
The proposed legislation is intended to complement the Coroners Act 1962 by providing a mechanism for guaranteed intervention at the Tuam site, which otherwise would have been difficult to achieve. It does not remove the obligation on the coroner to hold an inquest where it is required under the 1962 Act and, importantly, where the remains show evidence of violent or unnatural death, the Director overseeing the intervention must immediately inform the coroner within whose district the remains were recovered and An Garda Síochána.
In May 2021, draft legislation was published to guarantee a clear right of access to birth and early information for all persons who are adopted and others who have questions in relation to their origins. The proposed Birth Information and Tracing legislation aims to enshrine in law the importance of a person knowing his or her origins. I am giving careful considerations to all feedback received on the draft legislation as part of the process of drafting the Bill.
