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Tuesday, 22 Mar 2022

Written Answers Nos. 570-594

Social Welfare Eligibility

Questions (570)

Mark Ward

Question:

570. Deputy Mark Ward asked the Minister for Social Protection if she will consider allowing persons to apply for the fuel allowance if the only household members who are not in receipt of one of the qualifying social assistance payments are instead in minimum wage employment. [13833/22]

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Written answers

The Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 each year) from October to April, which is supporting up to an estimated 400,000 households in 2022, at an estimated cost of €366 million in 2022.  The purpose of this payment is to assist these households with their energy costs.  The allowance represents a contribution towards the energy costs of a household.  It is not intended to meet those costs in full.  Only one allowance is paid per household.

The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible.  To qualify for the fuel allowance payment a person must satisfy all the qualifying criteria including the household composition criteria.  This ensures that the fuel allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

To satisfy the household composition criteria an applicant may live alone or only with:

- a qualified spouse / civil partner / cohabitant or qualified child(ren); (if the qualified spouse is in receipt of half rate Carer's Allowance, in addition to the Increase for a Qualified Adult payment, they may qualify for Fuel Allowance, subject to a means test) or

- a person in receipt of a qualifying payment who would be entitled to the allowance in their own right or

- a person who is in receipt of Carer’s Allowance or Carer’s Benefit in respect of providing full-time care and attention to the Fuel Allowance applicant or their qualified spouse / civil partner / cohabitant or qualified child(ren) or

- a person receiving Pandemic Unemployment Payment (PUP), a person receiving short-term jobseeker's allowance (JA) or basic Supplementary Welfare Allowance (SWA) - i.e. less than 391 days for JA and less than 15 months/456 days for SWA).

Fuel Allowance is not payable if an applicant lives with any person, including a family member who is not covered by the criteria outlined above.

Any decision to extend the qualifying criteria for Fuel Allowance in the manner outlined by the Deputy would change the targeted nature of the scheme and could only be considered while taking account of the overall budgetary context and the availability of financial resources.

Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs.  Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (571)

Denise Mitchell

Question:

571. Deputy Denise Mitchell asked the Minister for Social Protection if the claim for partial capacity benefit by a person (details supplied) will be reconsidered. [13862/22]

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Written answers

Partial Capacity Benefit allows a person who has been in receipt of Illness Benefit for six months or Invalidity Pension and who may not have full capacity for work, to return to employment and continue to receive a partial or full payment from the Department.  

The person concerned is currently in receipt of Disability Allowance. Persons in receipt of Disability Allowance are not eligible for Partial Capacity Benefit.  The structure of the Disability Allowance scheme already provides supports - e.g. through the income disregard - for customers who wish to engage in employment.

A letter issued to the person concerned on the 13th July 2021 informing her that she is not entitled to claim Partial Capacity Benefit.

I trust this clarifies the position for the Deputy.  

Social Welfare Eligibility

Questions (572)

Michael Healy-Rae

Question:

572. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an invalidity pension application by a person (details supplied); and if she will make a statement on the matter. [13863/22]

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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 on 28 January 2022.  Under social welfare legislation the decision of an 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 has submitted additional evidence and an Appeals Officer has agreed to review the case.  The person concerned will be contacted when the review of his appeal has been finalised.

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 (573)

Bernard Durkan

Question:

573. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress that has been made to date in the determination of an appeal against a decision to stop a carer's allowance payment in respect of a person (details supplied); and if she will make a statement on the matter. [13869/22]

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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. 

I can confirm that the person concerned is in receipt of CA in respect of her care recipient since 31 May 2012.   

Once claims are in payment, the Department periodically reviews them to ensure that there is continued entitlement.   Depending on the circumstances in each case and to make best use of resources, a review may only concentrate on a specific condition of entitlement.

A review was initiated in the case concerned and the person’s file was subsequently referred to a local Social Welfare Inspector (SWI) to evaluate means and to confirm that all the conditions for receipt of CA are satisfied.

On foot of the SWI report, correspondence issued to the person concerned on 21 September 2021 to advise that her CA and Carer’s Support Grant (CSG) payments were under review as she failed to submit information requested by a SWI.  As it was not possible to determine whether she satisfies the conditions for the receipt of CA, her payment was suspended from 30 September 2021. 

On 14 March 2022 a Deciding Officer reviewed all the available evidence and decided that the person concerned was no longer entitled to CA as she had failed to show that she satisfied the conditions for CA and had failed to supply documentation that was requested from her.  In addition, her entitlement to CA from 31 May 2012 to 30 September 2021 is also being investigated

The person concerned was also advised of her right of review and appeal.

Anyone experiencing financial difficulties while awaiting a decision on or a review of any social welfare payment can contact their local Intreo Centre and enquire as to their entitlement to a payment under the Department's Supplementary Welfare Allowance (SWA) scheme. 

I hope this clarifies the position for the Deputy.

Pension Provisions

Questions (574)

Kathleen Funchion

Question:

574. Deputy Kathleen Funchion asked the Minister for Social Protection if there will be a 4% PRSI charge for occupational pensions; and if she will make a statement on the matter. [13875/22]

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Written answers

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.  Once it completed its work and fulfilled its obligations, the Commission was dissolved.  The Commission's Report was published on 7th October 2021.  The report, Technical Sub-Committee's working papers and submissions made to the Pensions Commission are available on the website, pensionscommission.gov.ie. 

The Commission’s Report is a comprehensive report that takes account of an assessment of various analyses of population, labour force and expenditure projections; an examination of international approaches; and responses to an extensive consultation process. It established that the current State Pension system is not sustainable into the future and that changes are needed.  It has set out a wide range of recommendations in this regard, including PRSI base broadening measures.

The Government agreed in October 2021 that the Commission’s report and recommendations would be referred to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands and also to the Commission on Taxation and Welfare for its views.  The Committee published its views on the 2nd February 2022 and the Commission on Taxation and Welfare submitted its comments on the Pensions Commission’s PRSI related recommendations at the end of February.  All of these views will be considered as part of our deliberations over the coming weeks.

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 Pensions Commission’s Report very carefully and holistically.  My officials are examining each of the recommendations and in this regard will continue to consult across Government through the Cabinet Committee system.  I think it is really important that we complete that work before reaching conclusions on any one recommendation, such as the recommendation to remove the exemption to pay PRSI on supplementary pension income  (covering both occupational & personal pensions, and public sector pensions). My intention is to bring a holistic recommended response and implementation plan to Government by the end of March this year.

The State Pension is the bedrock of the pension system in Ireland.  It is extremely effective at ensuring that our pensioners do not experience poverty.  This Government is committed to ensuring that this remains the case for current pensioners, those nearing State Pension age and today’s young workers including those who are only starting their careers.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (575)

Michael Healy-Rae

Question:

575. Deputy Michael Healy-Rae asked the Minister for Social Protection if the case of a person (details supplied) will be reviewed; and if she will make a statement on the matter. [13876/22]

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Written answers

Working Family Payment (WFP), formerly Family Income Supplement, is a weekly in-work support which provides an income top-up for employees on low earnings with children.  To qualify for Working Family Payment the customer must be working a minimum of 38 hours per fortnight in ongoing insurable employment and have at least 1 qualified child who normally resides with them.

The WFP claim of the person concerned was awarded on 7th March 2022 at the rate applicable to a family with 1 qualified child. The claim was reviewed on 8th March 2022 and the decision revised to include an additional qualified child. The person concerned was informed of the revised decision and arrears have issued.

I trust this clarifies the matter for the Deputy.

Covid-19 Pandemic

Questions (576, 577)

Carol Nolan

Question:

576. Deputy Carol Nolan asked the Minister for Social Protection the cost incurred by her Department for the supply of Covid-19 related face masks and face coverings since March 2019 to date; the name of the supplier involved; and if she will make a statement on the matter. [13899/22]

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Carol Nolan

Question:

577. Deputy Carol Nolan asked the Minister for Social Protection the cost incurred by her Department for the supply of Covid-19 related hand sanitiser since March 2019 to date; the name of the supplier involved; and if she will make a statement on the matter. [13917/22]

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Written answers

I propose to take Questions Nos. 576 and 577 together.

From March 2019 to date, my Department has spent the following amounts on face masks/coverings and hand sanitiser (excluding VAT).

Face Masks:  €377,450

Hand Sanitiser: €472,000

Due to the initial emergency situation and subject to stock availability, my Department engaged with several suppliers for the provision of these items, namely, Bunzl, Hendricks, Magnet/Metbell, Codex, Energy Distribution, Nisbets and MJ. Scannell.

My Department's offices were open throughout the pandemic and masks were made available to frontline staff and to customers entering our offices. 

Question No. 577 answered with Question No. 576.

Social Welfare Eligibility

Questions (578)

Brendan Griffin

Question:

578. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the review of the decision on an application for carer’s allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [13929/22]

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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.  

An application for CA was received from the person concerned on 21 December 2021.

It is a condition for receipt of a social welfare payment that every applicant is required to furnish a deciding officer with such certificates, documents, information, and evidence as may be required for the purpose of deciding a claim.

The person concerned did not provide such certificates, documents information or evidence that was requested from them. A decision was made to disallow the application for CA on 8 February 2022 as the means of the person concerned could not be determined. 

The person concerned was notified of this decision, the reason for it and of her right of review and appeal.

The person concerned requested a review of this decision on 2 March 2022.

The review is currently being processed and a request for additional information issued on 08 March 2022 to the person concerned in relation to her means.

Once the required information has been received, a decision will be made without delay and the person concerned will be notified directly of the outcome.

 I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (579)

Bernard Durkan

Question:

579. Deputy Bernard J. Durkan asked the Minister for Social Protection if contact will be made with a person (details supplied) with a view to providing weekly social welfare assistance; and if she will make a statement on the matter. [13971/22]

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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.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

I confirm that my department received an application for CA from the person concerned on 24 September 2021. 

It is a condition for receipt of a social welfare payment that every applicant is required to furnish a deciding officer with such certificates, documents, information, and evidence as may be required for the purpose of deciding a claim.

A request for further information on habitual residence was issued to the person concerned on 14 October 2021.

The person concerned did not provide documents that were requested in relation to habitual residence and therefore the habitual residence condition could not be determined. In addition it was decided that person concerned was not providing full-time care and attention and that the evidence provided did not establish that the person being cared for required full-time care and attention.

A decision was made to disallow the application for CA as the eligibility of the person concerned could not be determined. 

The person concerned was notified on 17 November 2021 of this decision, the reason for it and of her right of review and appeal.

A copy of both the information request of  14 October 2021 and the decision letter of 17 November 2021 were re-issued to the person concerned on 8 December 2021 as they contacted the Department and said they had not received any correspondence.

The Department has not received any further correspondence from the person concerned to date.

I trust this clarifies the position for the Deputy. 

Ukraine War

Questions (580, 590, 624, 640)

Catherine Murphy

Question:

580. Deputy Catherine Murphy asked the Minister for Social Protection her plans to establish an Intreo office and / or social protection office at Dublin Airport, Rosslare port and Dublin port in order to assist the efforts of the Department of Justice in processing arrivals from the conflict in Ukraine; and the way in which persons fleeing the war in Ukraine can obtain a PPS number in instances in which the Department of Justice delay in issuing documentation. [13987/22]

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Aodhán Ó Ríordáin

Question:

590. Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection the entitlements for incoming Ukrainian refugees that are not in a position to work due to age or disability;; and if she will make a statement on the matter. [14098/22]

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Fergus O'Dowd

Question:

624. Deputy Fergus O'Dowd asked the Minister for Social Protection the status of the social welfare supports offered and accessed by individuals and families fleeing the Ukrainian crisis; and if she will make a statement on the matter. [14605/22]

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James O'Connor

Question:

640. Deputy James O'Connor asked the Minister for Social Protection the new measures being provided to Ukrainian refugees arriving in Ireland; and if she will make a statement on the matter. [14897/22]

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Written answers

I propose to take Questions Nos. 580, 590, 624 and 640 together.

On 4 March 2022, the Council of the European Union unanimously adopted the implementing decision regarding the Temporary Protection Directive, due to mass influx of persons fleeing Ukraine as a consequence of the war. This will allow Ukrainian citizens and others fleeing Ukraine to avail of supports throughout the EU.  I wish to emphasise that people arriving from Ukraine have been granted the status to avail of income supports from my Department under the EU Temporary Protection Directive.  

My Department has an excellent record in reacting quickly and appropriately to emergency situations.  The Department’s immediate priorities are the allocation of PPSNs and the provision of immediate financial supports. A fast-track approach has been put in place which includes a simplified decision-making process and quick processing of PPSNs to allow access to public services.  

People will be eligible for financial support initially under the Supplementary Welfare Allowance scheme.  Ukrainian citizens and others fleeing the war will satisfy the Habitual Residence Condition and the relevant means test.   

We are aiming to ensure that the customer’s application for Supplementary Welfare Allowance is processed as quickly and efficiently as possible to provide immediate financial assistance. Thereafter they can apply for a social welfare payment appropriate to their circumstances such as state pensions, jobseeker's allowance, one parent family payment and disability allowance.  We have  also arranged for payments such as child benefit to be made within a very short period. 

Officials from my Department and the Department of Justice are in Dublin Airport to meet with people arriving from Ukraine and they will ensure that temporary residence certificates and PPSNs are allocated and the appropriate financial supports are provided.  

A number of additional dedicated centres are also being set up at locations across the country. Centres in Dublin city centre and Cork city centre have opened, with an additional dedicated centre to open in Limerick later this week. The Department's network of Intreo offices around the country is also being used to help people from the Ukraine who arrive in the country.  

We will seek to ensure that all those fleeing the war in Ukraine that will arrive here will be provided with what is required to help them access other public services and receive the appropriate financial supports. 

I trust that this clarifies the position for the Deputies at this time.  

State Pensions

Questions (581)

John Lahart

Question:

581. Deputy John Lahart asked the Minister for Social Protection the reason persons (details supplied) would suddenly have their qualified adult pension withdrawn completely after 20 years; if her attention has been drawn to the distress that such an event can cause to senior members of society; the reason that there is not a mechanism in place that prevents such a sudden and distressing event from happening; and if she will make a statement on the matter. [13993/22]

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Written answers

An increase for qualified adult (IQA) is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable.  Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable.  If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment.  Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.

As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. In the case of an increase for qualified adult (IQA) on SPC, the primary claimant is contacted by my Department to notify them that their continuing entitlement to the means tested IQA payment is being examined. A questionnaire is required to be completed to include details of the means of their qualified adult.

A questionnaire was issued on 18 August 2021, with a letter outlining the means limits. Upon receipt of the completed questionnaire, with self-declared means, the weekly means of the qualified adult were calculated as being in excess of €310. As this exceeds the current statutory limit for the IQA payment, the IQA ceased with effect from 30 September 2021, and the customer was notified in writing on 27 September 2021 with a breakdown of the means assessment.

The person concerned appealed the decision in November 2021 and was notified on 10 January 2022 that their appeal was disallowed.

I hope this clarifies the position for the Deputy.

Traveller Community

Questions (582)

Patrick Costello

Question:

582. Deputy Patrick Costello asked the Minister for Social Protection the actions that her Department has taken to implement the relevant recommendations from the Joint Committee on Key Issues Affecting the Traveller Community report issued in November 2021. [14012/22]

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Written answers

I welcome the publication of the Report of the Joint Committee on Key Issues Affecting the Traveller Community (‘the Report’).  It contains a number of recommendations for the Department of Social Protection with the objective of improving employment outcomes for members of the Traveller community. 

I am keenly aware of the high levels of unemployment among members of the Traveller community and the need to take concrete steps to support the labour market participation of this community. In this regard, Pathways to Work 2021-2025, the national employment services strategy, was launched in July 2021, and includes targeted measures that closely align with the Report’s recommendations, such as to:

- Engage with community representative bodies to produce Traveller specific employment service engagement tools, due in Q4 2022;

- Consult with stakeholders from the Traveller community to advise the Public Employment Service, due in Q2 2022; and,

- Further develop specific Community Employment schemes for Travellers and Roma, due in Q4 2023.

The Report by the Joint Committee recommends developing a comprehensive national Traveller employment action plan.  This is also a commitment in Pathways to Work and my officials are closely engaging with Traveller representative groups from the National Traveller and Roma Inclusion Strategy Employment Sub-Group in this regard.

In line with the Report’s recommendation that participants who are far from the labour market should be allowed to remain on Community Employment (CE), the Deputy may be aware that the eligibility criteria have been relaxed for members of the Traveller community. Ordinarily, to be eligible for CE, participants must be over 21 and in receipt of a relevant payment for 12 months or more. However, Travellers aged 18 or over, in receipt of Jobseeker’s Allowance for any length of time, can avail of CE.

Improving the labour market outcomes of disadvantaged groups is a key aim of the Government’s Pathways to Work strategy.  I welcome the recommendations from the Report, which aligns with this effort, and my officials are examining how best to implement the full range of recommendations. By working on a whole of Government basis, and in conjunction with Traveller representative groups, the commitments set out above will work to support meaningful change and enhanced employment prospects for the Traveller community in Ireland.

Social Welfare Benefits

Questions (583)

Mattie McGrath

Question:

583. Deputy Mattie McGrath asked the Minister for Social Protection the breakdown of the domiciliary care allowance applications and refusals by age over the past two years; and if she will make a statement on the matter. [14022/22]

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Written answers

Domiciliary Care Allowance (DCA) is payable in respect of children with a severe disability who require care and attention substantially in excess of that required by children of a similar age without such a disability, providing this additional care is likely to last for at least 12 months. 

In 2020 there were 5,389 awarded claims and 1,045 disallowed claims. The breakdown by age cohort is as follows:

Age

Allowed

Disallowed  

0-5

2089

194

6-10

1986

390

11-16

1314

461

 

5389

1045

In 2021 there were 5,816 awarded claims and 1,820 disallowed claims. The breakdown by age cohort is as follows:

Age

Allowed

Disallowed  

0-5

2752

577

6-10

1854

717

11-16

1210

526

 

5816

1820

I trust this clarifies the position for the Deputy. 

Social Welfare Eligibility

Questions (584)

Mattie McGrath

Question:

584. Deputy Mattie McGrath asked the Minister for Social Protection if extra consideration is being given to the impact of the Covid-19 pandemic on children with additional needs who are applying for the domiciliary care allowance; if children will be given extra consideration during assessment for domiciliary care allowance in circumstances in which they may previously have managed and regressed massively as a result of the pandemic; and if she will make a statement on the matter. [14023/22]

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Written answers

Domiciliary Care Allowance (DCA) is payable in respect of children with a severe disability who require care and attention substantially in excess of that required by children of a similar age without their disability, providing this additional care is likely to last for at least 12 months.

The assessment process used in the consideration of whether a child meets the criteria for receipt of DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.

In circumstances where a child previously did not meet the qualifying criteria but their circumstances have now changed a new application should be submitted. 

I hope this clarifies matters for the Deputy. 

Social Welfare Eligibility

Questions (585)

Mattie McGrath

Question:

585. Deputy Mattie McGrath asked the Minister for Social Protection the rationale for the refusal of a domiciliary care allowance application by a child (details supplied); if she will review the application considering the impact of Covid-19 on the child and the need for additional care to help limit the impact; and if she will make a statement on the matter. [14024/22]

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Written answers

Domiciliary Care Allowance  ( DCA) is payable in respect of children with a severe disability who require care and attention substantially in excess of that required by children of a similar age without their disability, providing this additional care is likely to last for at least 12 months.

The assessment process used in the consideration of whether a child meets the criteria for receipt of DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs. 

An application for DCA was received from the person concerned on the 24th August 2021.  The application was not allowed as the child was not considered to satisfy the qualifying conditions for the allowance.  A letter issued on the 16th November 2021 setting out the decision of the deciding officer to refuse the allowance.

A request for a review of the decision was received on the 18th November 2021 and an appeal was subsequently registered by the Social Welfare Appeals Office (SWAO) on the 23rd November 2021.  As part of the appeals process, the application was re-examined by a deciding officer and the person concerned was notified on the 15th February 2022 that the review was unsuccessful.  An appeal submission was prepared and forwarded to the Social  Welfare Appeals Office on the 5th March 2022. 

The SWAO will contact the person directly about the outcome of the appeal.

 I hope this clarifies the matter for the Deputy.  

Social Welfare Code

Questions (586)

Catherine Murphy

Question:

586. Deputy Catherine Murphy asked the Minister for Social Protection further to Parliamentary Question No. 515 of 1 March 2022, if she will clarify the definition of chargeable period; if she will commit to a further rectification in respect of those that were misclassified; and if and persons are only being compensated for a total of four years. [14064/22]

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Written answers

I am advised by Revenue that a chargeable period is defined in section 959A of the Taxes Consolidation Act 1997 (TCA) as an accounting period for a company or a tax year for an individual and other taxpayer types.  A tax year is the same as the calendar year, i.e., from 1 January to 31 December.

I am further advised that section 865 of the TCA provides a general right to repayment of tax where a person has paid an amount which is not due.  However, subsection 865(4) states that the right is subject to the making of a claim within four years after the end of the chargeable period to which the claim relates.  This statutory limit is binding on Revenue as well as on taxpayers.  Many determinations of the Tax Appeals Commission, covering a variety of circumstances, confirm that Revenue has no discretion in the application of the four-year rule for claiming repayments.

Section 38A of the Social Welfare Consolidation Act 2005 (as amended), introduced from 1 January 2010, provides that an application for the return of contributions shall be made within four years of the last day of the contribution year in respect of which the contributions were paid.  It is in line with the Revenue time limit for the refund of tax as outlined above and as is the case with respect to refunds of tax, there is no discretion within the governing legislation to allow contributions to be returned outside of this time limit.

The current provisions with respect to the return of contributions seek to achieve the necessary balance between establishing a fair and uniform system for contributors while protecting the Social Insurance Fund from exposure to claims for the return of contributions going back many years. 

I trust this clarifies the matter for the Deputy. 

Social Welfare Benefits

Questions (587)

Carol Nolan

Question:

587. Deputy Carol Nolan asked the Minister for Social Protection if she will address social welfare funding concerns regarding the provision of white goods for tenants in properties allocated by an approved housing body (details supplied); and if she will make a statement on the matter. [14065/22]

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Written answers

Under the Supplementary Welfare Allowance scheme, Community Welfare Officers in my Department can make an Exceptional Needs Payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. 

The ENP scheme is demand led and payments are made at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

Where a tenant cannot furnish the property from their own resources, they can apply for an ENP to assist with furnishing the property. The level of furnishings and appliances required will depend on an assessment of the size and nature of the property, the expected level of occupancy and items already available to the customer.  Every case is based on the individual circumstances and needs of the household.

Consideration is also given to the basis on which the property had been procured by the Voluntary Housing Body and if responsibility for the provision of any household goods rests elsewhere.

ENPs towards household furnishings and goods are not generally considered where the accommodation is neither built nor owned by the Housing Body.

Properties that are leased under the Social Housing Current Expenditure Programme, formerly known as the Social Housing leasing initiative, are subject to the Housing (Standards for Rented Houses) Regulations 2019.  The regulations outline the household goods which should be in the property at the time of leasing by the Voluntary Housing Body.  The household goods referred to in the regulations include certain appliances commonly known as “white goods”.

Community Welfare Officers in Laois had understood that as the properties were leased by the Voluntary Housing Body and owned by private landlords the units were subject to the housing regulations.  It was initially determined the provision of white goods and associated maintenance was therefore the responsibility of the landlord and not the tenant.

However, it has since been clarified that landlords who enter long term leases of more than 10 years  are not legally obliged to provide white goods.

My officials in the Community Welfare Service have initiated contact with the Housing Officer following this clarification and will work collaboratively and promptly to ensure any person adversely impacted previously will have their ENP application re-examined.

I trust this clarifies the matter.

Personal Public Service Numbers

Questions (588)

Peadar Tóibín

Question:

588. Deputy Peadar Tóibín asked the Minister for Social Protection the services and licences whereby a citizen must have a Government services card. [14070/22]

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Written answers

The SAFE registration process is the process through which a person satisfies the Minister for Social Protection as to their identity.  Once their identity is verified in this way, they are issued with a Public Services Card (PSC) which can be used as proof of their identity when dealing with public service bodies.

Social welfare legislation provides that it shall be a condition of any person’s right to benefit that they, inter alia, satisfy the Minister as to their identity. The definition of benefit includes all social insurance and social assistance payments, as well as other payments such as child benefit. 

In respect of other transactions with my Department, a person must also satisfy the Minister as to their identity:-

Before they can be allocated and issued a Personal Public Service Number (PPSN);

Before they can be issued a Public Services Card;

To continue to receive benefit , once they have been requested to satisfy the Minister as to their identity.

In respect of transactions with other specified bodies where one of those bodies requests or accepts the PSC as proof of identity from a person, it is important to note that, since its inception in the late 1990s, the PSC has always been intended to be used as physical token of identity to be used in transactions between the citizens and the State, not just between citizens and my Department.

All specified bodies, including my Department, are entitled to ask a person for their PSC as proof of their identity for the purposes of a transaction; where such a request is made, there is a statutory obligation on the person to produce their PSC when requested.

The matter of when, or for what reason, another specified body, other than my Department, seeks production of a PSC as proof of identity is, subject to them having the authority to request a PSC, a matter for those bodies. My role, as Minister for Social Protection, is to conduct SAFE registration and issue a PSC for the purposes of a transaction.

The Data Protection Commission has recently acknowledged that specified bodies, other than my Department, can use the PSC as a means of verifying identity, so long as they also provide alternative means of verifying identity.

I hope this clarifies the matter for the Deputy. 

Social Welfare Inspections

Questions (589)

Catherine Murphy

Question:

589. Deputy Catherine Murphy asked the Minister for Social Protection the number of overt and covert social protection inspections conducted by her officials in the past 10 years to date. [14094/22]

View answer

Written answers

While it is acknowledged that most people on social welfare are claiming the correct entitlement due to them, my Department has a duty to ensure that it pays the right person the right amount of money at the right time. Therefore, it is important that all schemes operated by my Department are subject to on-going control reviews and eligibility checks. My Department aims to conduct approximately 600,000 claim reviews in 2022. 

Reviews arise from both targeted and random case selections and where specific information comes to the attention of the Department. In this context, it should be noted that customers are under a legal obligation to report any change in their circumstances (income or means) to the Department and such notifications may also trigger a review of a person's entitlement.

My Department is committed to ensuring that the principles of due process and natural justice are followed in all claim decisions.  This applies equally to decisions at initial claim stage and when claims are subsequently reviewed. 

The numbers of Control Reviews conducted by carried out between 2012 and 2021, and the resulting savings achieved are shown in Table A below.

Table A: Control Reviews and Savings 2012 to 2021.

Year

Reviews

Savings €m

2012

1,196,184

€669.69

2013

1,105,197

€631.66

2014

1,148,354

€504.61

2015

1,105,314

€463.47

2016

948,216

€506.02

2017

754,505

€530.41

2018

742,265

€556.24

2019

609,025

€505.43

2020

538,054

€383.43

The reduction in reviews in recent years is a consequence of a number of factors, including the marked improvement in the labour market and a greater use of rules based approach to reviews, and the impact of the Covid-19 pandemic and public health restrictions.

I hope this clarifies the matter for the Deputy. 

Question No. 590 answered with Question No. 580.

Social Welfare Benefits

Questions (591, 596, 604, 607)

Aodhán Ó Ríordáin

Question:

591. Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection the number of applications for maternity benefit in 2017, 2018 and 2019, by county; and the overall cost per year by county in tabular form. [14101/22]

View answer

Denise Mitchell

Question:

596. Deputy Denise Mitchell asked the Minister for Social Protection the number of applications for maternity benefit in 2017, 2018 and 2019 broken down by county; and the overall cost per year broken down per county in tabular form. [14150/22]

View answer

Cian O'Callaghan

Question:

604. Deputy Cian O'Callaghan asked the Minister for Social Protection the number of applications for maternity benefit in 2017, 2018 and 2019, by county; the overall cost per year by county in tabular form; and if she will make a statement on the matter. [14254/22]

View answer

Seán Haughey

Question:

607. Deputy Seán Haughey asked the Minister for Social Protection the number of applications for maternity benefit in each of the years 2017, 2018 and 2019 by county; the overall cost per year by county in tabular form; and if she will make a statement on the matter. [14345/22]

View answer

Written answers

I propose to take Questions Nos. 591, 596, 604 and 607 together.

The number of applications registered by county for each of the years 2017, 2018 and 2019, for Maternity Benefit, is detailed in the following table:

County

2017 Registrations

2018 Registrations

2019 Registrations

Carlow

559

539

504

Cavan

640

708

714

Clare

1,008

960

989

Cork

5,118

5,166

5,173

Donegal

1,232

1,378

1,241

Dublin

12,929

12,922

12,756

Galway

2,524

2,520

2,466

Kerry

1,178

1,251

1,204

Kildare

2,381

2,329

2,453

Kilkenny

892

898

885

Laois

727

702

762

Leitrim

327

355

325

Limerick

1,714

1,649

1,835

Longford

325

385

333

Louth

1,188

1,188

1,229

Mayo

1,106

1,131

1,156

Meath

1,992

1,995

2,143

Monaghan

667

628

627

Offaly

642

579

631

Roscommon

561

558

579

Sligo

532

609

531

Tipperary

1,453

1,505

1,383

Waterford

948

1,061

962

Westmeath

930

805

781

Wexford

1,300

1,294

1,331

Wicklow

1,356

1,256

1,362

Total

44,227

44,372

44,354

The expenditure by county for each of the years 2017, 2018 and 2019, for Maternity Benefit, is detailed in the following table:

County

2017 Expenditure (€m)

2018 Expenditure (€m)

2019 Expenditure (€m)

Carlow

3.24

3.22

3.04

Cavan

3.70

4.23

4.30

Clare

5.84

5.74

5.96

Cork

29.64

30.89

31.16

Donegal

7.13

8.24

7.48

Dublin

74.87

77.25

76.84

Galway

14.62

15.06

14.85

Kerry

6.82

7.48

7.25

Kildare

13.79

13.93

14.78

Kilkenny

5.17

5.37

5.33

Laois

4.21

4.20

4.59

Leitrim

1.89

2.12

1.96

Limerick

9.93

9.86

11.05

Longford

1.88

2.30

2.01

Louth

6.88

7.10

7.40

Mayo

6.40

6.76

6.96

Meath

11.53

11.93

12.91

Monaghan

3.86

3.75

3.78

Offaly

3.72

3.46

3.80

Roscommon

3.25

3.34

3.49

Sligo

3.08

3.64

3.20

Tipperary

8.42

9.00

8.33

Waterford

5.49

6.34

5.80

Westmeath

5.38

4.82

4.70

Wexford

7.53

7.73

8.02

Wicklow

7.85

7.51

8.20

Total

256.13

265.28

267.20

Citizens Information Services

Questions (592)

Pearse Doherty

Question:

592. Deputy Pearse Doherty asked the Minister for Social Protection the way that reasonable accommodation and a phased return of employees following a period of certified sick leave under medical advice is funded for citizen’s information service companies in circumstances in which such companies are neither public bodies subject to the public service sick leave scheme nor private companies that can avail of the employee retention grant scheme and reasonable accommodation fund; and if she will make a statement on the matter. [14103/22]

View answer

Written answers

The Citizens Information Board (CIB), is a statutory independent body as set out in the Comhairle Act 2000 which operates under the aegis of my Department. CIB provides funding and support to the Citizen Information Services (CIS) network comprising of eight regional CIS companies. Each of these companies is overseen and governed by a Board of Directors.

As CIB are directly responsible for all operational matters including Human Resource issues concerning the Citizen Information Service Companies, I have asked CIB to respond to you directly in relation to this matter.

Social Welfare Code

Questions (593)

Steven Matthews

Question:

593. Deputy Steven Matthews asked the Minister for Social Protection if her attention has been drawn to the situation in which self-employed people are being transitioned to the jobseeker's payment (details supplied); and if she will make a statement on the matter. [14115/22]

View answer

Written answers

As the economy has now fully reopened with the removal of trading restrictions the Government has agreed the winding down of the Pandemic Unemployment Payment (PUP) and the transfer of recipients to standard social welfare terms.  

At this time PUP recipients are being paid at a maximum weekly rate of €208 which aligns with the standard maximum jobseekers payment.  PUP recipients who remain in receipt of the support at the end of this month will start transitioning to standard jobseeker terms. Those eligible for jobseekers will move onto a jobseeker payment from 5 April 2022.

To be eligible for Jobseekers Benefit or Jobseekers Benefit Self Employed a person must satisfy all the qualifying conditions of the statutory scheme. In the case of Jobseekers Benefit Self Employed a person must have permanently ceased their previous self employment and satisfy the relevant contribution requirements. The social insurance condition requires that self employed people have at least 156 weeks of Class S contributions or at least 104 weeks of paid Class A or H PRSI since first starting work and 52 weeks of Class S contributions paid in the General Contribution Year (GCY). The GCY is the second-last complete tax year before the year in which a claim is made. So, for claims made in 2022, the relevant tax year is 2020.

The Social Welfare (Covid-19) (Amendment) Act 2020, provides, amongst other measures, for the attribution of social insurance contributions to insured persons who were beneficiaries of certain Covid-19 income support payments including PUP. 

If a self-employed customer was entitled to and in receipt of PUP, or a jobseeker’s payment in lieu of PUP,  and was not liable to make a self-employment contribution in respect of the 2020 contribution year, they have been attributed 52 self-employment contributions in respect of that year. The issue of a person not having sufficient contributions for 2020 should not generally arise, unless for example in the case of a person who did not file an annual return of income to Revenue in line with the deadline.

If the Deputy is aware of a specific case, he should provide the details to the Department for review. 

Where a person, including those engaged in self-employment, does not satisfy the conditionality for receipt of Jobseekers Benefit they may apply for means tested Jobseeker's Allowance.

I trust that this clarifies the position.

Social Welfare Rates

Questions (594)

Michael McNamara

Question:

594. Deputy Michael McNamara asked the Minister for Social Protection the reason that a person (details supplied) in County Clare has not yet received the €5.00 increase for all social welfare recipients given that it came into effect since the 1 January 2022; and if she will make a statement on the matter. [14117/22]

View answer

Written answers

The pension budgetary increases were paid in the first week in January 2022. There was an increase of €5.00, on the maximum weekly rate, of all State Pensions and, proportionate increases for people receiving a reduced rate. There was also a proportionate increase for Qualified Adults.

The person concerned is in receipt of an increase for a Qualified Adult allowance on their spouse’s State Pension (contributory) which is paid at a rate of up to 90% of maximum State Pension (contributory). This gave an entitlement to a proportionate budget increase of €4.50 per week which was paid on 7th January 2022. 

I hope this clarifies the position for the Deputy. 

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