Wednesday, 6 Jul 2022

Social Welfare Appeals

Questions (148)

Claire Kerrane

Question:

148. Deputy Claire Kerrane asked the Minister for Social Protection the process of securing an oral hearing for social welfare appeals; and if she will make a statement on the matter. [36497/22]

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Written answers

Minister for Social Protection

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. When an appeal is assigned to an Appeals Officer for consideration the Appeals Officer makes a summary decision on the appeal based on the documentary evidence presented or, if necessary, holds an oral hearing.

The social welfare appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act 2005 and the Social Welfare (Appeals) Regulations 1998 (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.

Article 13 of the Social Welfare (Appeals) Regulations 1998 (SI 108/98) provides:

“Summary appeals

13. Save as provided in section 270, where the appeals officer is of the opinion that the case is of such a nature that it can properly be determined without a hearing, he or she may determine the appeal summarily. “

Therefore, it is at the discretion of the Appeals Officer whether a summary decision is made or an oral hearing is held in any case.

Oral hearings have been successfully conducted online or by telephone since October 2020 and these types of hearings will continue. This remote hearing approach has proven to be an effective way of facilitating an oral hearing previously achieved via the holding of an in-person hearing. The present position in relation to in-person oral hearings is that, subject to prevailing public health advice, an in-person oral hearing may be convened where the Chief Appeals Officer is of the view that such a hearing is essential in any particular case.

Oral hearing arrangements will continue to be kept under regular review.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (149)

Claire Kerrane

Question:

149. Deputy Claire Kerrane asked the Minister for Social Protection the intended changes to the appeals process from a Departmental organisation perspective; the way that the social welfare appeals office fits into these structures alongside her Department overall; and if she will make a statement on the matter. [36498/22]

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Written answers

Minister for Social Protection

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 made by Deciding Officers or Designated Persons of the Department.

The Office is committed to enhancing its operations to continue to deliver an efficient and effective appeals service to its customers. To support this goal, a programme of process redesign and modernisation is in progress. This programme includes the development and implementation of an enhanced appeals business process and the development of a new computer system.

A customer centric, multichannel solution, modernising and transforming the appeals process across the Department and the Appeals Office is envisaged. This solution will require operational, legislative, and procedural changes and will also reflect the recent recommendations of the Comptroller and Auditor General.

Information on the project is communicated regularly to all relevant staff in the Office and the Department and the management of both are committed to supporting staff in dealing with the necessary changes. Communication with the relevant unions is ongoing and any concerns will also be discussed in that forum.

This change process will ultimately provide a more efficient and streamlined service for people accessing the appeals service.

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (150)

Robert Troy

Question:

150. Deputy Robert Troy asked the Minister for Social Protection the number of persons in counties Longford and Westmeath currently in possession of a free travel pass. [36618/22]

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Written answers

Minister for Social Protection

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators.

There were 10,652 persons in possession of a Free Travel pass in Longford and 20,920 in Westmeath at end May 2022.

I hope this clarifies the position.

Public Transport

Questions (151)

Robert Troy

Question:

151. Deputy Robert Troy asked the Minister for Social Protection the number of applications made for a free travel pass in counties Longford and Westmeath in 2020 and 2021. [36619/22]

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Written answers

Minister for Social Protection

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators.

Below shows the number of recipient's of Free Travel in counties Longford and Westmeath at the end of 2020 and 2021.

	2021	2020
Longford	10,512	9,714
Westmeath	20,432	19,010

Data on the number of applications received on a county by county basis is not readily available.

I hope this clarifies the issue.

Social Welfare Benefits

Questions (152, 153)

Michael Ring

Question:

152. Deputy Michael Ring asked the Minister for Social Protection the amount of supplementary welfare allowance that was paid from 1 January to 31 December 2021; the number of recipients of supplementary welfare allowance during the same timeframe in tabular form; and if she will make a statement on the matter. [36677/22]

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Michael Ring

Question:

153. Deputy Michael Ring asked the Minister for Social Protection the amount of supplementary welfare allowance that was paid from 1 January to 1 July 2022; the number of recipients of supplementary welfare allowance during this timeframe in tabular form; and if she will make a statement on the matter. [36678/22]

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Written answers

Minister for Social Protection

I propose to take Questions Nos. 152 and 153 together.

The supplementary welfare allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single additional needs payments.

The basic supplementary welfare allowance provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes.

Rent supplement provides short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The scheme ensures that for those who were renting, but whose circumstances have changed due to temporary loss of employment, can continue to meet their rental commitments.

Under the SWA scheme, my Department can make additional needs payments to help meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary.

An Exceptional Needs Payment (ENP) is a single payment to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. An urgent needs payment (UNP) may be made to persons who may not normally qualify for supplementary welfare allowance but who have an urgent need which they cannot meet from their own resources or where an alternative is not available at that time. Decisions on ENPs, UNPs and SWA supplements 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.

Table 1 shows the provisional expenditure by SWA Schemes for 2021 and to date in 2022 (to end of May). Provisional expenditure to end of June 2022 is unavailable at this time.

Table 2 shows the number of recipients of basic supplementary welfare allowance, rent supplement and other supplements on 31 December 2021 and on 30 June 2022.

Table 3 shows the number of ENPs and UNPs awarded for 2021 and to date in 2022 ( to end of June).

This represents a snapshot of claim activity taken on 4 July 2022 and is subject to change.

Any person who considers they may have an entitlement to an additional needs payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office.

I trust this clarifies the matter for the Deputy.

Tabular Statement

Table 1 – Provisional Expenditure by SWA Schemes for 2021 and to date in 2022 (to end of May)

Scheme	2021	2022 (to end of May)
Basic SWA	€94.9m	€56.5m
Rent Supplement	€123m	€34.1m
Other Supplements	€4.1m	€1.5m
Exceptional Needs Payments/Urgent Needs Payments	€42.4m	€16.8m

Table 2 – Number of recipients of basic supplementary welfare allowance, rent supplement and other supplements on 31 December 2021 and on 30 June 2022.

Scheme	2021	2022 (30 June 2022)
Basic SWA	10,824	12,701
Rent Supplement	13,401	11,093
Other Supplements	3,698	3,384

Table 3 - Number of ENPs and UNPs awarded for 2021 and to date in 2022 (to end of June)

Scheme	2021	2022 (to end of June)
Exceptional Needs Payments/Urgent Needs Payments	55,552	36,535

Note: These figures in table 3 are taken from the Department’s ENP/UNP database and represent a snapshot of the ENPs/UNPs as they are approved by an officer rather than when they are paid. Please note the figures do not capture payments that are cancelled, payments that go out of date or overpayments recouped.

Question No. 153 answered with Question No. 152.

Public Sector Staff

Questions (154)

Michael Ring

Question:

154. Deputy Michael Ring asked the Minister for Children, Equality, Disability, Integration and Youth the number of former county managers and CEOs of local authorities who are currently working within his Department and any agency or body under the remit of his Department, including details for persons employed in any format such as on a contract or advisory basis; and if he will make a statement on the matter. [36293/22]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

There are currently three former County Managers and CEOs of Local Authorities assisting my Department, on an advisory basis on the Ukraine crisis.

The bodies under the aegis of my Department will respond to the Deputy directly.

Children in Care

Questions (155)

Willie O'Dea

Question:

155. Deputy Willie O'Dea asked the Minister for Children, Equality, Disability, Integration and Youth his plans to increase the rate paid for the fostering allowance that has not been increased since 2009; and if he will make a statement on the matter. [36358/22]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

The Child Care (Placement of Children in Foster Care) Regulations, 1995 and the Child Care (Placement of Children with Relatives) Regulations, 1995, stipulates that the allowance payable to foster carers and relatives shall not be less than an amount specified by the Minister.

The foster care allowance was last increased on January 1st 2009. Foster carers are paid a weekly allowance, which is a payment to meet the needs of the child in their care. The foster care allowance is currently €325 per week for a child under 12 years of age and €352 per week for a child aged 12 years and over. It is paid in respect of the child and provided in order to allow foster carers to meet all of the child's daily living needs, including food, clothing, basic travel, education costs and hobbies and sports activities. The allowance is not considered as means for social welfare purposes, and is not subject to tax.

If required, Tusla can also provide additional financial supports to foster carers through either additional or enhanced payments.

Additional payments refers to any payment made to a foster carer that exceeds the standard rate of the fostering allowance. Such additional payments may be made in respect of children or young people who have additional needs that are not covered by the standardised fostering allowance. Additional payments can only be made where a child has additional medical or educational needs and when authorisation has been received from the Tusla Area Manager. Each application for an additional payment will be accompanied by supporting documentation evidencing the need.

Enhanced allowances for foster carers can be made when a longer term financial need is identified for additional supports for the child. A maximum of twice the weekly allowance may be paid in respect of children aged between 0-18 years if they require significant care over and above the needs of other children in foster care. This includes children who have been diagnosed with significant special needs and require a high level of personal care and supervision. The purpose of considering an enhanced allowance in these cases is to support foster carers in providing care to these children who have additional needs.

The foster care allowance is in respect of and for the benefit of the foster child and therefore must be used to meet the day to day costs associated with looking after the foster child. In considering any enhanced allowance the assessing social worker is required to evidence that the standard fostering allowance does not adequately provide for the cost of caring for the child.

A request for enhanced supports must certified by the Principal Social Worker and approved by the Area Manager following submission of an assessment of the child’s needs and supporting documentation. A review arrangement for the enhanced allowance must be part of the submission for approval.

In addition to the foster care allowance, foster carers receive a number of targeted supports to ensure they continue to function as a recognised and valued part of the alternative care system. Key elements of this support include a link social worker, access to training and support group meetings and the allocation of a social worker for each child in care. Respite care for children may be arranged if it is part of their care plan.

Pre-assessment and ongoing training are compulsory for foster carers in order to equip them with the skills and knowledge to provide high quality care. Recognising the specific dynamics and the personal nature of relative care, Tusla addresses the training needs of relatives who are foster carers separately. In addition, Tusla provides funding for the Irish Foster Care Association which offers a range of supports to carers, including advocacy, mediation, training and a telephone advice service.

The foster care allowance is one element of the support that Tusla provides to carers when they offer a home and care to children some of whom may have additional, and sometimes significant, needs.

The rate of the foster care allowance is kept under review by officials within the Department and at present there are no plans to change the rate. However, the Department is undertaking an extensive review of the Child Care Act 1991 and will examine foster care arrangements as part of this review.

Further, Tusla has advised that they have recently engaged with foster carers in a consultation to inform the development of a Strategic Plan on Foster Care. Through this consultation, foster carers highlighted their view that the foster care allowance should be reviewed in light of inflation and increases in social welfare allowances. Once the Strategic Plan on Foster Care is finalised by Tusla, it will then be considered by the Department. Any decision to review the current rate of the foster allowance shall be informed by the Tusla Plan and the consultations that have preceded it.

Departmental Strategies

Questions (156)

Cian O'Callaghan

Question:

156. Deputy Cian O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the number of actions contained in the National LGBT Strategy that remain incomplete; if he will provide a list of the incomplete actions; the reason that each action is incomplete; the expected timeline for their full completion; and if he will make a statement on the matter. [36360/22]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

The Government is committed to achieving its vision of a safe, fair and inclusive Ireland where people are supported to flourish and to live inclusive, healthy and fulfilling lives, whatever their sexual orientation, gender identity or expression, or sex characteristics. Ireland’s first National LGBTI+ Inclusion Strategy 2019-2022, published in November 2019, is the primary policy vehicle to achieve this vision.

The Strategy pursues objectives under four thematic pillars providing a vision of an Ireland where LGBTI+ people are visible and included, treated equally, healthy and feel safe and supported. With a view to making progress towards these high-level objectives, it contains over 108 actions.

Of the 108 actions, 17 have been completed and work is ongoing on implementation of the remaining actions. The overall implementation of the strategy was severely impacted by the COVID-19 pandemic. In particular, there were significant obstacles to the achievement of many of the actions under the "Visible and included" and "Healthy" pillars.

To offset these delays, I extended the lifetime of the Strategy into 2022 and work is continuing this year on the realisation of outstanding actions.

Childcare Services

Questions (157)

Peter Burke

Question:

157. Deputy Peter Burke asked the Minister for Children, Equality, Disability, Integration and Youth the supports that are available for families who rely on theprovision of crèche facilities; and if he will make a statement on the matter. [36531/22]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

The National Childcare Scheme (NCS) provides financial support to help parents meet the cost of childcare and to support better outcomes for children.

There are two types of subsidies available under the NCS:

The Universal Subsidy is currently available to all families with children under 3 years old and will extended to all families with children under 15 in September 2022. This subsidy is not means tested and provides 50c per hour towards the cost of childcare, which is worth up to €1, 100 per annum for a child in full time childcare.

Income Assessed Subsidies are available to families with children aged between 24 weeks and 15 years. This subsidy is means tested and varies depending on family income, the child’s age and educational stage, and the number of children in the family. Income accessed subsidies can cover up the full cost of childcare.

Further information and resources for parents is available at www.ncs.gov.ie.

The Early Childhood Care and Education (ECCE) programme is a universal free two-year pre-school programme available to all children within the eligible age range of 2 years and 8 months of age on or prior to 31 August of the relevant programme year and 5 years and 6 months of age during the course of the ECCE programme year. ECCE provides 3 hours of free early learning and care a day, for 5 days a week over 38 weeks.

With regard to non-financial supports available for parents, my Department funds a national network of County Childcare Committees (CCCs) who provide support and advice to parents on all aspects of early learning and childcare, including advice on high quality childcare, help in finding a place and assistance in applying for the NCS.

The contact details for the CCCs can be found on myccc.gov.ie.

Departmental Schemes

Questions (158)

Peter Burke

Question:

158. Deputy Peter Burke asked the Minister for Children, Equality, Disability, Integration and Youth if expenses such as mortgage and loans will be considered when assessing a means test for the national childcare scheme; and if the income threshold of €60,000 will be increased to include these families. [36532/22]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

Through the National Childcare Scheme and a range of other measures, I am committed to changing Ireland’s childcare system from one of the most expensive in the world to one of the very best. In designing the National Childcare Scheme, extensive research and consultations have been carried out to ensure that this goal is achieved and that the Scheme can help as many families as possible.

In recognition of the importance of early years care and education, an Inter-Departmental Group was established in 2015 to identify and assess policy options for increasing the affordability, quality and supply of early years and school-age care and education services in Ireland. It suggested that the new, streamlined scheme should provide means-tested support towards childcare costs based primarily on income reducing the administrative burden associated with previous schemes. In this regard the scheme was designed to ensure everyone is assessed on the same consistent, equitable basis having regard to their income and their need for childcare.

The Childcare Support Act defines what may be considered as income for the purposes of the income assessment. This includes “income whether in the nature of a benefit or allowance arising from social welfare, social insurance or other sources of a similar character”. This category would include payments under a settlement, covenant, estate or a payment in respect of maintenance and also child benefit.

The basis for “allowable deductions” from the income assessment are as described in Schedule 1 of the Childcare Support Act 2018. In short, they relate to payments that support participation in employment, education or enable a person meet expenses from exception family or social circumstances.

These deductions are in place as part of the scheme wider goal to support labour activations and avoid certain poverty traps that existed in earlier schemes

In measuring income it allows supports and clear, fair and transparent system based on progressive universalism. It ensures that those who need the highest subsidy because they have the lowest income receive the highest subsidy.

It must also be emphasised that adding such complexity to the application process will create a substantial barrier to entry for many families experiencing socio-economic disadvantage.

I recognise however that the burden of early learning and childcare remains too high and we need to do more to support families. In this context, I have signalled that I will be prioritising further investment in the NCS in Budget 2023, with a focus on substantially improving affordability for families.

International Protection

Questions (159)

Catherine Connolly

Question:

159. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the details of the policies and guidelines in place to govern the award of emergency accommodation contracts by the International Protection Accommodation Service; and if he will make a statement on the matter. [36541/22]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

The Government is committed to delivering a humanitarian response to welcome people fleeing the war in Ukraine and seeking temporary protection in Ireland. To date approximately 29,000 beneficiaries of temporary protection who have arrived in Ireland have sought accommodation.

The Department is contracting emergency and short-term accommodation across the country in order to accommodate people fleeing Ukraine as the need arises. While not in a position to comment on specific contractors or contractual matters due to the commercially sensitive nature of this information, the Department carries out due diligence on accommodation being contracted including Companies Registration Office number, where relevant, Tax Clearance Certificate, insurance, fire safety, accessibility to amenities, levels of service and competitiveness of rates.

Departmental Policies

Questions (160)

Michael Healy-Rae

Question:

160. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth his views on a matter (details supplied); and if he will make a statement on the matter. [36646/22]