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Thursday, 24 Feb 2022

Written Answers Nos. 310-324

Special Educational Needs

Questions (310)

Gary Gannon

Question:

310. Deputy Gary Gannon asked the Minister for Education if her Department is seeking to close early intervention classes; if so, the details of the research and policy for these closures; and if she will make a statement on the matter. [10699/22]

View answer

Written answers

Enabling children with special educational needs to receive an education is a priority for this Government.

This year, my Department will spend in excess of €2 Billion, or over 25% of the Department’s budget on providing additional teaching and care supports for children with special educational needs.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide.

It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school.

Parents seeking special class placements for their children are advised to contact NCSE locally so that their needs can be taken into account for planning purposes.

It is important also to point out that the Early Childhood Care and Education (ECCE) programme provides up to two years of pre-school within the eligible age range, without charge. The Access and Inclusion Model (AIM), introduced in 2016, enables the full inclusion and meaningful participation of children with disabilities/additional needs in the ECCE Programme. The goal of AIM is to create a more inclusive environment in pre-schools, so all children, regardless of ability, can benefit from quality early learning and care. A diagnosis of autism (or other disabilities/additional needs) is not required to access AIM supports. However, pre-school children with a diagnosis are generally supported in mainstream pre-schools with additional supports provided through AIM where required.

NCSE sanctions the establishment of special classes, including ASD Early Intervention (EI) classes where there is an identified need. I understand that, on occasion, EI classes are re-designated as school-age special classes to reflect the changing age-profile of students, the changing needs in an area and in order to ensure a continuation of support for students in the EI class who require a special class placement.

As referenced above, ASD EI classes are generally re-designated, not closed. The number of active ASD EI classes in each of the school years from 2015/2016 to date is detailed in the table below.

School Year

Early Intervention

2015/16

118

2016/17

127

2017/18

130

2018/19

129

2019/20

132

2020/21

135

2021/22

132

Both my Department and the NCSE are always grateful to schools who express a willingness to open a special class to meet the educational needs of students in their local communities.

The local SENOs remain available to assist and advise parents of children with special educational needs.

Information on the location of EI classes is available on the NCSE website.

Irish Sign Language

Questions (311)

Marian Harkin

Question:

311. Deputy Marian Harkin asked the Minister for Education when an Irish sign language teacher will be available in a school for a person (details supplied); and if she will make a statement on the matter. [10826/22]

View answer

Written answers

The Department does not comment on individual cases.

The education of children with special educational needs is a key priority for this Government.

The State currently spends in excess of 25% of its annual education and training budget (€9.2 Billion) on making additional provision for children with special educational needs.

This funding provides for a range of teaching and other supports for students with special needs including Hearing Impairment.

The Department, either directly or through the National Council for Special Education (NCSE), provides for a range of supports in schools to enable them to educate children with Hearing Impairment including additional teaching support, specialist equipment and access to Special Needs Assistant (SNA) support, depending on the child's level of assessed needs.

The Department of Education's policy is that children with special educational needs should attend a mainstream class where possible and with additional supports where required.

The Department provides for a range of placement options for students who are Deaf or Hard of Hearing, where s/he will have access to an education appropriate to their level of need.

Many Deaf or Hard of Hearing students attend mainstream classes at primary and post-primary level whilst other children who are Deaf or Hard of Hearing and have more complex needs may attend special classes, which have lower student teacher ratios.

Special class students have opportunities, where appropriate, to integrate and interact with mainstream peers.

In line with advice from supporting professionals, other children who are Deaf or Hard of Hearing may avail of a placement in one of the two schools for the Deaf. These schools have reduced class sizes and provide specialist supports in line with the children’s needs.

There are extensive education supports in place to support children who are Deaf/Hard of Hearing. These include:

- the provision of funding to provide ISL tuition for children and their families

- additional teaching and care supports in school in line with need

- assistive technology to enable students access and engage the school curriculum

- supports provided by the National Council for Special Education which include the Visiting Teachers for students who are Deaf / Hard of Hearing (VTDHH) who work with students and their families and their schools

- professional development for teachers

The NCSE can also give approval to a school to appoint a communication worker who is required to have an appropriate level of proficiency in ISL. This person will support students whose main language is ISL to assess the curriculum and participate in school life.

The Irish Sign Language Act 2017 imposes obligations on state bodies in relation to the provision of supports and services for people whose primary language is ISL.

In particular, the Act imposes a number of obligations on the Minister for Education in relation to the provision of ISL supports for students and their families.

Work is underway in the Department on these supports and the statutory schemes required under the Act .

It is expected that the proposals which are currently at an advanced stage of development will enhance current provision for children whose primary means of communication is through ISL.

An announcement will be made on the matter shortly.

Enterprise Support Services

Questions (312)

Carol Nolan

Question:

312. Deputy Carol Nolan asked the Minister for Social Protection if a person who is in receipt of the back to work enterprise allowance scheme payment can have the payment extended beyond the initial two-year period; the number of persons who applied for the payment from 1 January 2019 to date in 2022; and if she will make a statement on the matter. [10533/22]

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Written answers

The Back to Work Enterprise Allowance (BTWEA) scheme offers support for people who are long-term unemployed and who are interested in self-employment as a route to entering the labour market. The scheme plays a vital role in supporting the development of new enterprises for the long-term unemployed and is payable for up to a 24-month period from the commencement of their new business.

The Short Term Enterprise Allowance (STEA) scheme is designed to provide support for someone who loses their job and qualifies for Jobseeker’s Benefit and starts up a new business. The STEA is payable for the duration of the participants Jobseekers Benefit claim.

All participants of the BTWEA can receive their full period of entitlement of 24 months and, therefore, should not lose out on the support. This includes anyone who contacted the Department to suspend their allowance while their business closed during Covid related restrictions. Where someone suspended their BTWEA, they can avail of the remainder of their 24 months on reopening their business. There are no plans to provide for an extension of this period.

Where a person’s entitlement to BTWEA exhausts and they are continuing to operate at reduced levels of business activity there may be alternative income supports available depending on the individual’s circumstances, including support under the means tested Jobseeker's Allowance scheme.

If the Deputy is referring to a specific individual, I would advise the person to contact their local Intreo Centre for advice.

The following is the number of persons in receipt of the Back to Work Enterprise Allowance and Short Term Enterprise Allowance as of 31 December in each of the years 2019 to 2022 YTD inclusive.

Year 31 Dec

No. of BTWEA participants

No. of STEA participants

Total Participants

2019

4,115

296

4,411

2020

2,738

116

2,854

2021

2,307

298

2,605

2022

2,268

320

2,588

I trust this clarifies the matter for the Deputy.

Paternity Leave

Questions (313)

Matt Carthy

Question:

313. Deputy Matt Carthy asked the Minister for Social Protection the number of applicants for paternity leave to date; the number approved; the number declined; the reasons for being declined by reason, type and category; and if she will make a statement on the matter. [10518/22]

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Written answers

A total of 143,437 applications have been received for Paternity Benefit to date up to end of January 2022, of which 138,020 have been approved, 1,671 have been withdrawn and 3,746 have been rejected or declined.

The general reasons for disallowance are as follows (noting that statistics for disallowance reason are not available):

- Late claim: Failure to apply for Paternity Benefit within six months of commencement of the leave may result in loss of benefit.

- Leave commencing outside 26 weeks: Paternity Leave must commence within 26 weeks of the child’s date of birth.

- Not in insurable employment: An employee must be in employment which is covered by the Paternity Leave and Benefit Act 2016 immediately before the first day of paternity leave.

- Insufficient contributions: An applicant must have sufficient contributions to qualify, details below:

- at least 39 weeks PRSI paid in the 12 months before the first day of the paternity leave

or

- at least 39 weeks PRSI paid since first starting work and at least 39 weeks PRSI paid or credited in the Relevant Tax Year or in the year following the Relevant Tax Year

or

- at least 26 weeks PRSI paid in the Relevant Tax Year and at least 26 weeks PRSI paid in the Tax Year prior to the Relevant Tax Year

A self-employed claimant must:

- be self-employed in accordance with the Social Welfare (Consolidation) Act, 2005, as amended

and

- have 52 qualifying PRSI contributions paid in the Relevant Tax Year

or

- have 52 qualifying contributions paid in the Tax Year prior to the Relevant Tax Year

or

- have 52 qualifying contributions paid in the Tax Year following to the Relevant Tax Year.

Social Welfare Benefits

Questions (314)

Denis Naughten

Question:

314. Deputy Denis Naughten asked the Minister for Social Protection the average number of claims in payment under the carer’s benefit scheme; the average length of a claim; and if she will make a statement on the matter. [10530/22]

View answer

Written answers

There were on average 3,550 Carer's Benefit claims in payment between February 2021 and January 2022, with an average claim duration of 398 days.

I trust this clarifies the position.

Widow's Pension

Questions (315)

Peter Burke

Question:

315. Deputy Peter Burke asked the Minister for Social Protection if she will review the situation in which a co-habitating couple who are not married or in a civil partnership are not entitled to claim the widow's pension on the death of one of the couple; her views on whether there is an anomaly to qualify for the (non-contributory) widow's pension given that the assets of the cohabitating couple are considered as means; and if she will make a statement on the matter. [10555/22]

View answer

Written answers

The qualifying criteria for the widow’s pension depend on whether a person is claiming the Widow(er)’s or Surviving Civil Partner’s Contributory or Non-Contributory Pension. Each pension is payable to a widow or widower or a surviving civil partner, whose spouse or civil partner has passed away.

To qualify for the Widow(er)’s or Surviving Civil Partner’s Contributory Pension, one must:

- be a widow, widower or surviving civil partner;

- not cohabit with another person; and

- satisfy certain social insurance conditions.

For the Widow(er)’s or Surviving Civil Partner’s Non-Contributory Pension, one must:

- be a widow, widower or surviving civil partner

- not be cohabiting with another person

- pass a means test

- be habitually resident in the State

It should be noted that a Widow/er or Surviving Civil Partner with dependent children may qualify for One-Parent Family Payment.

Either form of the widow’s pension is not payable to surviving cohabiting partners who have not entered into marriage or a civil partnership with the person they were cohabiting with. Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties that do not exist in law between cohabiting couples.

The legal context governing relationships such as marriage is regulated by the Minister for Justice. Aside from the wider legal issues regarding the status of marriage and civil partnerships, which is a much broader policy area than its implications for the income support schemes of my Department, extending the current provisions to people who have not undertaken equivalent legal obligations would carry significant costs and also raise significant issues about criteria if it were to be based upon cohabitation.

Therefore, any decision to extend the qualifying criteria for the widow(er)’s or surviving civil partner's pension, be it contributory or non-contributory, would have to be considered in the context of overall budgetary negotiations, as well as any legal issues that may arise.

Officials in my Department are in the process of carrying out a review into the treatment of cohabiting couples in the Social Welfare system. Once complete, the report of this review will be laid before the Houses of the Oireachtas and also be provided to the Special Committee on Gender Equality.

Under the Supplementary Allowance Scheme, the Department of Social Protection may make a single Exceptional Needs Payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from his/her weekly income, which may include assistance with bereavement expenses.

I hope this clarifies the matter for the Deputy.

State Pensions

Questions (316)

Peter Burke

Question:

316. Deputy Peter Burke asked the Minister for Social Protection if an applicant for State pension (contributory) who has been unsuccessful in their application due to the failure to reach the minimum requirement of 520 full paid contributions can now reclaim the portion of employee contributions paid in; and if she will make a statement on the matter. [10556/22]

View answer

Written answers

Generally, Pay Related Social Insurance (PRSI) refunds can be applied for where the wrong PRSI rate has been paid from someone's income. Full details of where a refund may be applicable are set out on the Department's website at www.gov.ie/en/service/5706e5-prsi-refunds/.

However, where a person enters the social insurance system after they reach the age of 56 they will not be able to make sufficient social insurance contributions to be awarded a State Pensions (Contributory) on reaching 66 years because the State Pensions (Contributory) has a minimum contribution requirement of 520 contributions (i.e. 10 years). Where this arises, a level of PRSI refund may be applicable. For such employees, the quickest way to apply is online at MyWelfare.

If there is a particular case that the Deputy has a concern about, then my officials would be happy to examine it.

I hope this clarifies the matter.

Departmental Meetings

Questions (317)

Carol Nolan

Question:

317. Deputy Carol Nolan asked the Minister for Social Protection the number of engagements, including online meetings, webinars, briefings and in-person meetings she or officials from her Department have had with the National Women’s Council of Ireland from 1 January 2019 to date; and if she will make a statement on the matter. [10584/22]

View answer

Written answers

Both I and officials from my Department engage regularly with stakeholders, including the National Women’s Council of Ireland to provide them with an opportunity to raise core issues and discuss areas of concern.

In 2019, the NWCI were invited to the pre-Budget 2020 Forum, which took place on 5th July.

In 2020, 3 online engagements took place with me and/or my officials in relation to Budget 2021 and discussions on pensions.

In 2021, 4 online engagements took place with me and/or my officials in relation to consultations on matters relating to Lone Parents, the review of Child Maintenance, the launch of the NWCI strategic plan and Budget 2022.

Departmental Correspondence

Questions (318)

Fergus O'Dowd

Question:

318. Deputy Fergus O'Dowd asked the Minister for Social Protection if she will address and respond to concerns raised in correspondence by an organisation (detail supplied); and if she will make a statement on the matter. [10589/22]

View answer

Written answers

I value the considered input of stakeholders such as the Irish Senior Citizens Parliament each year as part of the annual budgetary process, and I will as always take these views on board.

The social welfare package in Budget 2022 was the highest in 14 years and meant that some 1.4 million people, including over 700,000 pensioners, received a €5 increase in weekly payments, and more if they have dependents. In addition to improvements in core social welfare rates, there were a number of targeted measures designed to support those most vulnerable to poverty, including increases to the Fuel Allowance and Living Alone Allowance. As energy prices were increasing, I ensured that the increase to the Fuel Allowance rate was implemented from Budget week. I also broadened eligibility for the scheme.

As a result of these targeted measures, many of the most vulnerable pensioners have seen larger increases in 2022. For example, a pensioner in receipt of fuel allowance, living alone, will see an increase of €13 per week during the fuel season due to measures introduced in Budget 2022.

The criteria for fuel allowance are framed in order to direct the limited resources available to the Department, in as targeted a manner as possible. People who are in receipt of a qualifying contributory payment are required to satisfy a means test, while recipients of non-contributory payments are accepted as satisfying the means test.

The amount of means allowed to qualify for fuel allowance is the equivalent of the current maximum rate of State Pension (Contributory) (SPC) including any increases, plus €120. This means for example, that a person in receipt of SPC, with a qualifying spouse, may have a total weekly income of just over €600 and still qualify for fuel allowance.

I am acutely aware of the increase in consumer prices in recent months, especially the increase in fuel and other energy prices. To help mitigate the effects of these rising costs, the Government has announced additional expenditure measures costing in excess of a half a billion Euro, which will have a positive impact on the incomes of all households in our country.

The measures include an additional lump sum payment of €125, which will be paid to all households in receipt of the Fuel Allowance payment. It is expected that this additional lump sum will be paid in early March at an estimated cost of €49 million.

As such, this lump sum payment is intended to target the most vulnerable pensioners, as well as other social welfare recipients, to ensure that they are protected against rising fuel costs.

This payment, in addition to the Budget increase to the Fuel Allowance, will mean low-income households see an increase of 41% this Fuel Allowance season compared to the last season.

While not all pensioners will benefit from this lump sum payment, every household in the State will receive an Energy Credit of €200, which will to be applied to electricity bills.

The Government will continue to monitor this situation carefully.

Social Welfare Benefits

Questions (319)

Bernard Durkan

Question:

319. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress that has been made 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. [10599/22]

View answer

Written answers

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.

As advised in Parliamentary Questions 402 and 460 which were on 16 November 2021 and 8 February 2022 respectively, the person concerned does not meet the PRSI conditions necessary for payment of Illness Benefit and a letter issued to her explaining the situation.

My Department currently has no record of an application for Disability Allowance from the person concerned. If she expects to be incapable of work for at least one year, she should make an application so that her entitlement can be determined.

I trust this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (320)

Brendan Griffin

Question:

320. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a disability allowance appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [10632/22]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (321)

John McGuinness

Question:

321. Deputy John McGuinness asked the Minister for Social Protection if a farm assist payment now under appeal in the name of a person (details supplied) will be expedited and approved. [10637/22]

View answer

Written answers

The Department has no record of an appeal in this case.

I trust this clarifies the position for the Deputy.

Public Sector Pensions

Questions (322)

Aengus Ó Snodaigh

Question:

322. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if it is a requirement for the superannuation section in local authorities to send a request to the scope section in regard to pension entitlements of an employee if they were employed before April 1995 and paying a class D stamp given that one of the conditions of this staff member when they sign their contract to become a permanent member of staff is that they have no entitlement to a State pension (transition) or to a State pension (contributory). [10645/22]

View answer

Written answers

The Social Welfare (Consolidation) Act 2005 and accompanying regulations set out the provisions that apply to the payment of PRSI. The detailed provisions relating to the insurability of public service employees, including local or other public authority workers, is provided for in the Statutory Instrument No. 312 of 1996, Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (the 1996 regulations).

My Department provides advice on the statutory provisions to any party who requests it. The role of the Scope Section is to provide advice on the class of PRSI appropriate for any particular worker. Where necessary, the Scope Section will make formal decisions in this regard.

An employer is not obliged to seek a decision from my Department in relation to their application of social welfare legislation on the PRSI treatment of their employees. However, the Scope Section can provide advice or a decision regarding any worker if required.

I trust this clarifies matters for the Deputy.

State Pensions

Questions (323)

Kieran O'Donnell

Question:

323. Deputy Kieran O'Donnell asked the Minister for Social Protection if a full review will be carried out on the file of a person (details supplied) with a view to awarding them the State pension (contributory). [10658/22]

View answer

Written answers

The person concerned reached pension age on 23 January 2021 and applied for State pension (contributory) on 21 October 2021.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. Factors such as an individual’s social insurance record, their attachment to the workforce, and their countries of employment affect the rate of pension entitlement.

According to the records of my Department, when their claim was initially examined the person concerned had a total of 459 paid full-rate social insurance contributions. Since their contributions fell short of the requisite 520 paid full-rate contributions, they did not qualify for State pension (contributory). They were notified in writing of this decision on 4 November 2021, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and/or appeal.

Details of additional contributions were provided and the person’s contribution history record was updated. They now have a contribution record of 603 paid full-rate contributions and 41 credited contributions. The person was awarded State Pension (contributory) at 40% of the maximum rate, with effect from 21 April 2021, backdated from date of receipt of application, in line with social welfare legislation. They were informed of this decision in writing on 21 February 2022.

The award of HomeCaring periods has been referred for consideration to my Department’s HomeCaring Section. Upon receipt of a decision, a further review of State pension (contributory) will be carried out and the person will be notified of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (324)

Niamh Smyth

Question:

324. Deputy Niamh Smyth asked the Minister for Social Protection if the case of a person (details supplied) will be reviewed; when their carer’s payment will be revised upwards to the full rate; and if she will make a statement on the matter. [10663/22]

View answer

Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

If a person is in receipt of another social welfare payment in their own right (other than unemployment payments or supplementary welfare allowance) or being claimed as a qualified adult on their spouse/partner's payment, a half-rate carer's allowance can be paid too as long as all the normal conditions for receipt of CA are satisfied.

The person concerned is in receipt of Illness Benefit since 21 February 2020. As a result, CA is being paid to her at half-rate.

The person concerned contacted the department on 24 March 2020 requesting that her payment be re-rated to full rate. As the person was in receipt of Illness Benefit at the time she was not entitled to full-rate CA. Therefore, her payment was not re-rated to full-rate.

If the circumstances of the person concerned changes and she is no longer in receipt of Illness Benefit, she can contact Carer's Allowance who will review her claim and re-rate her CA payment to full-rate. The Department will contact the person concerned directly to clarify the conditions for receipt of full-rate CA.

I hope this clarifies the position for the Deputy.

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