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Tuesday, 8 Mar 2022

Written Answers Nos. 360-379

State Pensions

Questions (360)

John McGuinness

Question:

360. Deputy John McGuinness asked the Minister for Social Protection if the contribution history of a person (details supplied) will be provided; and if their contributions will entitle them to a State pension (contributory). [12349/22]

View answer

Written answers

According to the records of my Department, the person concerned will reach pension age on 09 June 2022, and has not yet applied for State pension (contributory).

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.

I have arranged for a copy of the person’s social insurance contribution record to issue to them, together with an application form for State pension (contributory). On receipt of a completed application, the person’s State pension (contributory) entitlement can be examined by a Deciding Officer and they will be notified of the outcome.

I hope this clarifies the position for the Deputy.

EU Directives

Questions (361)

Noel Grealish

Question:

361. Deputy Noel Grealish asked the Minister for Social Protection the estimated number of employees whose pensions will be impacted by the European Union institutions for occupational retirement provision II directive and the likely mass migration to a pension scheme (details supplied); if consideration has been given to a deadline extension beyond the end of 2022 to assist employers that may be struggling with the mass return to work, inflation driven salary demands and the much talked about great resignation; and if she will make a statement on the matter. [12351/22]

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Written answers

Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) ("The IORP II Directive"), sets out minimum standards for the management and supervision of pension schemes, with the objective of ensuring the soundness of occupational pensions and better protections for scheme members and beneficiaries across the European Union. These EU wide standards are binding objectives to be achieved by Member States. The provisions of the IORP II Directive therefore applies to all funded occupational pension schemes and trust Retirement Annuity Contracts (RACs) operating in Ireland. The Directive was transposed into Irish law by way of the European Union (Occupational Pension Schemes) Regulations 2021 (SI No. 128 of 2021) on 22nd April 2021.

The general principle followed in respect of the transposition of the Directive, in keeping with the Government’s Roadmap for Pensions Reform, is that the requirements of the Directive have been applied to all schemes and trust RACs, where possible and as appropriate, in order to ensure that all members and beneficiaries are afforded equal protection irrespective of the size of the scheme. In relation to existing one-member arrangements, post-transposition, IORP II investment and borrowing rules will apply only to new investments or borrowings entered into by such arrangements. Furthermore, for these existing one-member arrangements, a five-year derogation has been provided from all other new IORP II requirements.

With 160,000 occupational pension schemes in the country, Ireland is a significant outlier with many more small and single member schemes than any other European country. Reducing this very large number of schemes will help to improve the overall standard of scheme governance and to reduce overall pension costs and risk for members. Scheme consolidation is a stated aim of the Roadmap for Pensions Reform 2018 – 2023.

It is acknowledged that, in the future, Master Trusts will serve as a model for a significant portion of the Irish pensions market and trustees of smaller schemes may choose to transfer their members into such an arrangement. Master Trusts are multi-employer pension schemes under the governance of a single trustee board. It is anticipated that the consolidation of existing schemes into Master Trusts arrangements may offer certain advantages to employers and pension savers including increased economies of scale, higher scheme governance standards and levels of security and could potentially reduce administrative costs for such schemes. Ultimately, it will be up to scheme trustees and sponsoring employers to decide on the pension arrangement that best suits their needs and provides the optimal result for their members. My Department has no input or role in relation to such decisions and cannot predetermine any choices made by trustees and employers in respect of their individual pension schemes.

With regard to any prospective deadline, the Deputy may wish to note that the supervision of compliance with the requirements of both the Directive and the Pensions Act overall is the responsibility of the Pensions Authority, which is the regulator for pensions in Ireland.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (362)

Brendan Griffin

Question:

362. Deputy Brendan Griffin asked the Minister for Social Protection if an application by a person (details supplied) in County Kerry under the dental benefit scheme will be accepted. [12366/22]

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Written answers

The Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependent spouse/partner who have the required number of social insurance (PRSI) contributions.

In order to qualify a person needs to have at least 260 PRSI contributions paid at either Class A, E, H, P or S, since first starting work, and also have 39 contributions paid or credited in the relevant contribution year on which the claim is based.

The Department has undertaken a review of the social insurance record of the person concerned and can confirm that she is entitled to dental benefit under the Department's Treatment Benefit scheme, which is based on PRSI contributions. An approval notification will issue to her in the coming days.

I hope this clarifies matters for the Deputy.

Civil Registration Service

Questions (363)

Seán Sherlock

Question:

363. Deputy Sean Sherlock asked the Minister for Social Protection when she plans to bring forward the bill overhauling civil registrations; and if there are plans to include provision for a certificate of life in respect of stillbirths under the age of 24-weeks or a weight of 500g. [12373/22]

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Written answers

The General Register Office (GRO) is currently considering a range of revisions to improve the functioning of the civil registration system in the State. I expect to be in a position to consider proposals from the GRO for amending legislation later this year. I have been informed by the GRO that any proposals for amending legislation will include changes to the current criteria for Stillbirths to ensure that civil registration legislation is aligned to current clinical practice.

With respect to making provision for the registration of miscarriages that do not meet the criteria for Stillbirth registration, I understand that work on the policy options is still ongoing.

I trust this clarifies the position at this time.

Social Welfare Benefits

Questions (364)

Brendan Griffin

Question:

364. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [12465/22]

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Written answers

Fuel allowance is a means-tested payment to assist householders on long-term social welfare payments with the cost of their heating needs.

The main eligibility conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, must satisfy a means test and must either be living alone or with other qualifying persons. The fuel allowance means test is linked to the maximum rate of State pension (contributory). The applicant can have weekly means of €120.00 above the maximum rate of State pension (contributory) and still be eligible for a fuel allowance.

An application for this allowance was received from the person concerned on 12 October 2021. Since it is a means-tested payment, information regarding their household means was requested by letter dated 01 December 2021. As the requested information was not provided, the application could not be processed and was therefore disallowed. The person concerned was notified in writing of this decision on 05 February 2022.

It is open to the person concerned to reapply for the fuel allowance and provide the information required for the means assessment. The person’s eligibility for fuel allowance can then be determined and they will be notified of the outcome.

I hope this clarifies the position for the Deputy.

Departmental Staff

Questions (365)

Peadar Tóibín

Question:

365. Deputy Peadar Tóibín asked the Minister for Social Protection the number of staff currently employed by her Department; the current annual salary of the highest and second highest paid persons respectively, employed by her Department; and the various pay scales for persons working in her Department. [12483/22]

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Written answers

At present, there are 6,756 staff employed across the Department of Social Protection. The highest and second highest paid civil servants in the Department are the Secretary General and Deputy Secretary. Both are paid in line with Civil Service salary scales.

Civil Service salary scales apply to staff employed in my Department. These are most recently outlined in Circular 04/2022 which can be found online at www.gov.ie/en/circular/ef515-application-of-1st-february-2022-pay-adjustments/.

Medical Aids and Appliances

Questions (366)

Bernard Durkan

Question:

366. Deputy Bernard J. Durkan asked the Minister for Social Protection if hearing aids are covered for a person (details supplied) given they have a full medical card; and if she will make a statement on the matter. [12536/22]

View answer

Written answers

The Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependent spouse/partner who have the required number of social insurance (PRSI) contributions.

Eligibility for a hearing aid grant under the Department's Treatment Benefit scheme is based on the person satisfying certain PRSI conditions. In order to qualify the person concerned would need to have paid 260 PRSI contributions at either Class A, E, H, P or S, since first starting work, and also have 39 contributions paid or credited in the tax years on which the claim is based.

Although the person concerned has the 260 required paid contributions, they do not have the required 39 contributions paid or credited in the relevant tax years, which in this case is any year between 1999 and 2006. As a result, the person concerned does not satisfy the conditions for a hearing aid grant under the Department's PRSI scheme.

However as they have a medical card they could avail of the HSE scheme, details of which can be obtained from their local HSE office.

I trust this clarifies matters for the Deputy.

Social Welfare Payments

Questions (367)

Pádraig O'Sullivan

Question:

367. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if an application by a person (details supplied) for the fuel allowance will be reviewed; and if she will make a statement on the matter. [12616/22]

View answer

Written answers

Fuel allowance is a means-tested payment to assist householders on long-term social welfare payments towards the cost of their winter heating needs. It is not intended to meet these costs in full. Only one allowance is payable per household.

The main eligibility conditions for receipt of fuel allowance are that a person must be in receipt of a qualifying payment, satisfy a means test and live alone or with other qualifying persons. The current threshold for the fuel allowance means test is €120 above the maximum weekly rate of State pension (contributory). This weekly income threshold increased from €100 to €120 with effect from 11 October 2021.

The person concerned re-applied for this allowance on 27 October 2021. According to the records of my Department, the person has an occupational pension in excess of €120 per week, which exceeds the means limit for fuel allowance. The person concerned was notified in writing on 13 January 2022 that they did not qualify for fuel allowance on the basis of their means.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (368)

Gary Gannon

Question:

368. Deputy Gary Gannon asked the Minister for Social Protection the number of 16- and 17-year-olds living with cancer who applied for disability allowance from 2018 - 2021; the number of applications that were accepted and refused; the annual expenditure on accepted cases in tabular form. [12900/22]

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Written answers

Disability Allowance is a weekly payment payable to persons who have a disability, illness, or injury that is expected to last for more than one year, who are substantially restricted from doing work that would otherwise be suitable for a person of their age, experience, and qualifications. Persons must additionally be aged between 16 and 66 years, and satisfy a means test. Information in relation to persons aged 16 and 17 who applied for and received/did not receive Disability Allowance with a primary diagnostic code indicating cancer is set out below. Expenditure has been rounded to the nearest hundred euro.

2018

2019

2020

2021

Not Awarded

5

4

6

9

Awarded and Paying

37

49

54

41

Expenditure

€262,800

€373,900

€427,000

€272,600

Social Welfare Payments

Questions (369)

Claire Kerrane

Question:

369. Deputy Claire Kerrane asked the Minister for Social Protection the date from which recipients of the fuel allowance will receive the additional payment €125; and if she will make a statement on the matter. [12937/22]

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Written answers

The Fuel Allowance scheme is a means tested payment to assist pensioners and other long-term social welfare dependent householders with their winter heating costs. The payment is a contribution towards heating costs, it is not intended to meet these costs in full. The payment is made at the weekly rate of €33.00; or if preferred, by way of two lump sum payments; and is paid over the winter season. Only one Fuel Allowance is payable per household. Those who qualify for the payment do not need to reapply annually.

The Government is 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 of €505 million. As part of these measures, I announced an additional lump sum payment of €125 to households in receipt of the Fuel Allowance payment. This additional lump sum payment is estimated to cost €46.5 million.

The additional payment of €125 will be made to all households in receipt of the Fuel Allowance in the week beginning 14th March 2022. Those in receipt of weekly Fuel Allowance payments will be paid their weekly payment of €33.00 plus the additional payment of €125.00 and those who receive their payment by lump sum will receive their additional lump sum of €125.00.

The additional €125 payment will issue automatically to all Fuel Allowance recipients, they do not need to contact the Department.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (370)

Marian Harkin

Question:

370. Deputy Marian Harkin asked the Minister for Social Protection if a decision will issue in relation to an appeal by a person (details supplied); and if she will make a statement on the matter. [13013/22]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the available evidence, disallowed the appeal of the person concerned by way of summary decision on 26 November 2021.

Under social welfare legislation the decision of the Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the appeal decision on foot of this additional evidence. The Appeals Officer, having carried out this review and having fully considered all of the available evidence, decided to allow the appeal. 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 Schemes

Questions (371)

Paul Murphy

Question:

371. Deputy Paul Murphy asked the Minister for Social Protection if persons are still being referred to JobPath. [13014/22]

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Written answers

In parallel with the Intreo service, our contracted public employment services - including JobPath, paused and resumed activation for new referrals during 2020 and 2021 in line with public health advice.

In December, in light of the continuing adverse impacts of Covid-19 and on foot of extending the period of consultation with the relevant stakeholders, it was agreed to extend all contracted public employment service contracts, including the Local Employment Service and JobPath contracts - for a further twenty six weeks until the end of June 2022. This measure was taken in order to ensure that the public employment service has sufficient capacity to support those impacted by the pandemic with access to employment services.

Referrals to JobPath will cease at the end of June.

Social Welfare Schemes

Questions (372)

Paul Murphy

Question:

372. Deputy Paul Murphy asked the Minister for Social Protection if a person who is engaging with JobPath is obliged to sign a personal progression plan; and if they refuse to do so, if they can face sanctions. [13015/22]

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Written answers

All jobseekers referred for the assistance of the employment support services, including those referred to the JobPath service, are asked to complete an assessment of their skills, qualifications, and work experience for the purpose of agreeing a personal progression plan. The personal progression plan typically contains a schedule of activities, actions and job-focused targets, taking into account the person’s specific employment preferences. Jobseekers are asked to sign the personal progression plan as an indication of their agreement to carry out the activation measures contained in the document. They are not obliged to sign but their agreement is noted.

All jobseekers are required under the legislation to fully engage with the employment support service in this and all other respects. The personal progression plan is a crucial element of each jobseeker’s engagement with any of the Department’s employment support services and generally will be a document that will be reviewed throughout the person’s engagement period as they develop employment related skills and competencies or job related experience from short periods of employment.

All contracted public employment service providers do not apply or recommend the application of a penalty rate of payment. They simply advise my Department if a jobseeker is failing to engage with employment services. Officials in my Department then contact the Jobseeker and seek to arrange a meeting to discuss the matter directly with them.

Social Welfare Benefits

Questions (373)

Paul Murphy

Question:

373. Deputy Paul Murphy asked the Minister for Social Protection if a person who is on jobseeker’s benefit who is engaged in a Springboard course can be obliged to take up a job opportunity which they feel is not relevant to their career path; and if they can they face sanctions for not doing so. [13016/22]

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Written answers

The Jobseekers Benefit scheme provides a statutory income support payment to individuals who have lost work and are unable to obtain full time employment.

To be eligible for the payment, a person must satisfy all of the qualifying conditions which include that they must be available for and genuinely seeking full time employment. A person may be regarded as not being available for work if they impose unreasonable restrictions on the nature of the employment, the hours of work, the rate of pay, employment duration, location of the employment or any other employment conditions they are prepared to accept.

Jobseekers pursuing a part time Springboard programme must continue to satisfy the conditions of the scheme including genuinely seeking work and being available to take up a reasonable offer of employment.

It is open for a person to seek an independent appeal of a decision on their Jobseekers benefit decision.

I trust that this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (374)

Niamh Smyth

Question:

374. Deputy Niamh Smyth asked the Minister for Social Protection the status of a carer’s benefit review in the case of a person (details supplied); and if she will make a statement on the matter. [13017/22]

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Written answers

Carer'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.

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 6 Jan 2022 in respect of her mother.

It is a condition for receipt of CARB that the person being cared for must have a disability whose effect is that they require full-time care and attention.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself.

CARB was disallowed in respect of this caree as she was deemed not to require full time care and attention and a decision letter issued on the 24 Jan 2022.

The person concerned requested a review and an appeal of this decision on the 11 Feb 2022 and submitted further medical evidence.

The evidence submitted in support of this review was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The outcome of the review issued to the person concerned on Friday 3 March 2022. As the person concerned has also requested an appeal of the decision, her case will be referred to the Social Welfare Appeals Office for an independent review.

I hope this clarifies the matter for the Deputy.

Protected Disclosures

Questions (375)

Catherine Murphy

Question:

375. Deputy Catherine Murphy asked the Minister for Social Protection the number of protected disclosures received by her Department in each of the years 2019 to 2021 and to date in 2022, in tabular form; if an external contractor has been engaged regarding a protected disclosure over that time period; if so, the cost of same; and the number of protected disclosures that were rejected, accepted and that remain under review for the time period in question. [13059/22]

View answer

Written answers

The Department of Social Protection is committed to ensuring there is an appropriate and positive environment for addressing any concerns of staff in relation to wrongdoing in the workplace. It has an internal policy and procedures to deal with all submissions under protected disclosures that arise. The policy is published on www.gov.ie.

The number of submissions received under the protected disclosures procedures were:

Year

Received & Assessed

Accepted*

Rejected*

Under review

Comment

2019

9

0

9

0

2020

1

0

1

0

2021

5

0

1

4

2022

0

Rec’d to 4/3/22

No external contractor has been engaged over this period.

* Accepted means that action has been necessary following assessment or investigation. Rejected means that the submission has been assessed or investigated and no further action was deemed necessary.

Social Welfare Schemes

Questions (376)

Róisín Shortall

Question:

376. Deputy Róisín Shortall asked the Minister for Social Protection the position for those covered by the free travel scheme when their free travel cards expire; if a grace period of three to four months can be allowed in order that they can get their free travel cards renewed given that many free travel cards may not have been renewed in a timely manner due to the Covid-19 restrictions; and if she will make a statement on the matter. [13087/22]

View answer

Written answers

The free travel scheme is available to all persons aged over 66 and those under the age 66 on certain qualified payments, who are living legally and permanently in the State. The scheme permits those who are eligible to travel for free on most CIE public transport services, Local Link, LUAS and a range of transport services offered by some 80 private operators countrywide.

The number of customers who were eligible to avail of free travel at the end of Feb 2022 was over 1 .02 million. When spousal and companion passes are taken into account, the number of free travel beneficiaries increases to over 1.6 million.

Due to the impacts of the Covid 19 pandemic, an interim arrangement is in place with the National Transport Authority which allows expired free travel cards of eligible free travel recipients to be accepted to continue to access their free travel entitlement. Notification of the continuing arrangement is available on the Department's website.

Holders of expired cards can renew their card on line at www.mywelfare.ie or contact their local Intreo Centre to get a new 10 year card, or ring the Department's Free Travel Section at 0818200400 to request a 3 year extended card.

I trust this clarifies the matter for the Deputy.

International Protection

Questions (377)

Holly Cairns

Question:

377. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of international protection applicants that have been referred to vulnerability assessment processes annually since 1 January 2016; and if he will make a statement on the matter. [12878/22]

View answer

Written answers

As the Deputy may be aware, a vulnerability assessment process, as provided for under Regulation 8 of the European Union (Reception Conditions) Regulations 2018, has been piloted by the International Protection Accommodation Service (IPAS) since its development in December 2020.

The assessment was extended to all new applicants from 21 February 2021.

An evaluation of the pilot has commenced and will be used to inform any refinements in the long-term implementation of vulnerability assessments in 2022.

From 1 February 2021 to 1 March 2022, 3,460 persons have been invited to participate in a vulnerability assessment by IPAS.

877 persons completed a vulnerability assessment in the period from 1 February 2021 to 1 February 2022.

Asylum Seekers

Questions (378)

Seán Sherlock

Question:

378. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth the Department that will lead on engagement with Ukrainian refugees; and the way in which persons who are willing to house refugees for a time might contact the Department. [12918/22]

View answer

Written answers

The Government is adopting a whole of Government approach to supporting Ukrainian refugees. My Department is currently providing accommodation to Ukrainian refugees arriving into Ireland. I have provided funding to support the Irish Red Cross which has now launched a national pledge seeking offers of accommodation from members of the public interested in supporting the refugees. Details of how to register accommodation is available on Gov.ie and on the Irish Red Cross website.

Direct Provision System

Questions (379)

Johnny Mythen

Question:

379. Deputy Johnny Mythen asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons and families who have been resident in direct provision centres in County Wexford from 2018 to date in tabular form. [12964/22]

View answer

Written answers

Deputy, please note there were no International Protection Accommodation Service (IPAS) centres in Wexford in 2018 or 2019. From 2020 to present there is one centre - Rosslare Port Lodge. This centre is made up solely of families, the residents of which are detailed below:

As at

30/12/2018

29/12/2019

27/12/2020

26/12/2021

27/02/2022

Residents

0

0

90

69

75

Of whom are Children

0

0

13

15

17

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