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Thursday, 14 Jul 2022

Written Answers Nos. 563-581

Social Welfare Appeals

Questions (563)

Bernard Durkan

Question:

563. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which oral hearings in respect of appeals against disallowance for various payments are up to date; and if she will make a statement on the matter. [39321/22]

View answer

Written answers

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. 

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.  

It is not possible to state how many appeal cases may require an oral hearing at any one time.  However, for those appeals where it is identified that an oral hearing is required, a hearing can generally be arranged within approximately two weeks. The position in relation to the conducting of oral hearings is kept under review by the Chief Appeals Officer.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (564)

Bernard Durkan

Question:

564. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of social welfare payment in the case of a person (details supplied); and if she will make a statement on the matter. [39324/22]

View answer

Written answers

The person concerned is in receipt of state pension non-contributory at the maximum weekly payment rate, since 16 October 2015.  The person is also in receipt of fuel allowance, payable during the winter season. 

Application forms for additional Increase for Living Alone payment and the Household Benefits Package payment have issued to the person concerned.   The person has been advised to return the competed forms to my Department's Sligo office if they wished to apply for these additional payments.  If applications are received, the person's entitlement will be examined and they will be notified in writing of the outcome.   

I hope this clarifies the matter for the Deputy. 

Social Welfare Payments

Questions (565)

Bernard Durkan

Question:

565. Deputy Bernard J. Durkan asked the Minister for Social Protection if the invalidity pension section will take note that the recent information that was requested in the case of a person (details supplied) is currently being prepared by their accountant and will be submitted to her Department at an early date; and if she will make a statement on the matter. [39328/22]

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Written answers

The department received a claim for IP for the person concerned on 04 April 2022.   On 09 May 2022, a deciding officer (DO) wrote to the person concerned requesting he provide a letter from his accountant or from Revenue confirming the date he ceased self employment.  The DO has been informed that the  information requested is currently being prepared by the person's accountant and will be submitted as soon as it is available.

Upon receipt of same, the IP claim will be finalised and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

State Pensions

Questions (566)

Bernard Durkan

Question:

566. Deputy Bernard J. Durkan asked the Minister for Social Protection if eligibility for a State pension (contributory) in the case of a person (details supplied) will be reassessed following the payments for 2019 and 2020 being paid in full; when a decision is likely to be reached; and if she will make a statement on the matter. [39329/22]

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Written answers

The person concerned reached pension age on 02 April 2022.

The person concerned had outstanding self-employment liabilities for the years 2019 and 2020 and was advised on 08 March 2022 that they were deemed not to satisfy this qualifying condition for a State pension (Contributory).  The claim was reviewed on 30  March 2022 and 02 June 2022; the liabilities remained outstanding.

Section 110 (1) of The Social Welfare Consolidation Act 2005, as amended, provides that a Self-Employed contributor shall not be regarded as satisfying the qualifying conditions unless all outstanding self-employment contributions are paid. It further provides that the pension will only be paid from the date all outstanding contributions have been paid in full.

As of 05/07/2022 outstanding liabilities have been paid in full for 2019, however liabilities for 2020 remain outstanding. The person concerned should contact this Department directly, when their outstanding liabilities have been paid in full and their entitlement to a state pension (contributory) will be reviewed. 

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (567)

Bernard Durkan

Question:

567. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress that has been made to date in the determination of an application for invalidity pension in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [39330/22]

View answer

Written answers

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. 

A new claim for IP was received from the person concerned on 24 June 2022.  In order to establish medical suitability two forms were sent to her on 04 July 2022.  On receipt of the completed forms, the IP claim will be processed as quickly as possible and she will be notified directly of the outcome. 

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (568)

Bernard Durkan

Question:

568. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress that has been made to date in the determination of an appeal by a person (details supplied); when a revised decision is likely to issue; and if she will make a statement on the matter. [39331/22]

View answer

Written answers

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

The Social Welfare Appeals Office has advised me that the appeal by the person concerned was disallowed by an Appeals Officer on 10 February 2022. The Appeals Officer subsequently carried out a review of the decision under Section 317 of the Social Welfare Consolidation Act 2005 following the submission of additional medical evidence. The outcome of the review issued on 9 May 2022 was that the decision was unrevised. 

Currently, the Appeals Officer is considering the appeal decision in the light of some further medical evidence. It is expected that the outcome of this Section 317 review will issue to the person concerned within the next two weeks.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (569)

Bernard Durkan

Question:

569. Deputy Bernard J. Durkan asked the Minister for Social Protection if eligibility for a carer’s allowance will be reassessed in the case of a person (details supplied) given that they require full-time care and attention; and if she will make a statement on the matter. [39333/22]

View answer

Written answers

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

I can confirm that my department received an application for CA from the person concerned on 6 May 2022.

It is a condition for receipt of a CA that the person being cared for must have such disability 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 continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

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

The person concerned was notified on 31 May 2022 of this decision, the reason for it and of his right of review and appeal.

A review was requested by person concerned on 13 June 2022 and additional medical evidence in support of the review was submitted on this date.

The outcome of the review is that the application was awarded to the person concerned on

12 July 2022, with effect from 12 May 2022, and the first payment will issue to his nominated bank account on 14 July 2022.   

Arrears of allowance due from 12 May 2022 to 13 July 2022 will also issue on 14 July 2022.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (570)

Bernard Durkan

Question:

570. Deputy Bernard J. Durkan asked the Minister for Social Protection if an application for a disability allowance will be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [39334/22]

View answer

Written answers

I can confirm that the department received an application for disability allowance (DA) from the above named person on 4 February 2022.

The person concerned was requested to supply supporting documentation on the 12 February 2022 and 08 March 2022 required by the deciding officer in order to make a decision on her eligibility.  The requested information was received by the department on the 07 March 2022 and 01 April 2022.

Her application was referred to a Social Welfare Inspector (SWI) on 25 April 2022 for a report on the person’s means and circumstances. The SWI requested information from the person concerned on the 27 April 2022, which was only partially supplied.

Based on the evidence supplied in support of this person’s application, her application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied.  It was also refused on failing to supply sufficient information to determine means. 

The person concerned was notified in writing of this decision on 24 June 2022, and they were given the right to a review or an appeal.

To date no request for a review or an appeal has been received.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (571)

Bernard Durkan

Question:

571. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39337/22]

View answer

Written answers

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

I confirm that my department received an application for Carer’s Allowance from the person concerned on 3 June 2022.  Additional information in relation to the person’s application was requested by a deciding officer on 9 June 2022.

Once this information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.

It is not possible to confirm the automatic entitlement of the person concerned to the Carer's Support Grant until a decision can be made on the CA application.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (572)

Bernard Durkan

Question:

572. Deputy Bernard J. Durkan asked the Minister for Social Protection when an invalidity pension will be awarded in the case of a person (details supplied);; and if she will make a statement on the matter. [39338/22]

View answer

Written answers

The person referred to has been awarded invalidity pension with effect from 24 February 2022 and received her first payment to her nominated bank account on 30 June 2022 and received all arrears due on 07 July 2022.  The person in question was notified of this decision on 20 June 2022. 

I hope this clarifies the position for the Deputy.

Social Welfare Payments

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 application for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39340/22]

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Written answers

Domiciliary Care Allowance (DCA) is payable in respect of a child with a disability so severe that the child requires ongoing (continual or continuous) care and attention substantially in excess of that usually required by a child of the same age.  The child must be likely to require this level of care and attention for at least 12 months. Eligibility is determined essentially on the additional care required by the child rather than the disability.

An application for DCA was received from the person concerned in respect of their child on 24 March 2022.  Their application was disallowed on 18 May 2022 as their child was not considered to satisfy the qualifying conditions for DCA.

The person concerned was notified in writing of the details of this decision on 18 May 2022 and of their right of review and appeal. 

To date, no request for review and / or appeal has been received from the person concerned. 

I hope this clarifies the position for the Deputy. 

Social Welfare Payments

Questions (574)

Bernard Durkan

Question:

574. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress that has been made to date in bringing about a resolution to alleged overpayment in the case of a person (details supplied); and if she will make a statement on the matter. [39341/22]

View answer

Written answers

On 09/11/2018 the person concerned was informed by my Department of an overpayment that had occurred on her Jobseeker’s Allowance (JA) payment during the period 09/03/2018 to 28/08/2018.

The overpayment occurred as the person concerned had received an incorrect rate of JA as a result of an increase in her weekly means.  The means assessment on the person’s JA claim had increased from €0 to €142 per week due to her spouses’ income.  This resulted in a total overpayment of €3,502.70.

Persons in receipt of a Jobseeker’s payment sign a declaration to immediately advise my Department of any change in their circumstances (e.g., commencing employment/self-employment, change in family circumstances etc.) which may affect their entitlement to a payment.  It is the responsibility of the customer to advise my Department of any change in their circumstances so that a review of their entitlement can be undertaken.

Following the Deputy’s Dáil Question No. 462, officials in my Department undertook a review of the person’s overpayment.  Having reviewed the circumstances of the overpayment, the Deciding Officer determined the decision remained unchanged.  A letter dated 31/03/2022 issued to the person concerned informing her of the outcome.

Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended).  Customers who have been overpaid social welfare have a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled.  Where an overpayment is raised, my Department makes every effort to recover the amount overpaid.

Recovery is sought over a period without imposing undue financial hardship on the person.  My Department will work with the person concerned and consider personal circumstances in determining a repayment plan.

Repayments may be made by Debit Card, Standing Order, Direct Debit or by cheque.  Where a customer is in receipt of a Social Welfare payment, legislation allows the Department to deduct up to 15% of the personal rate of the payment, where the customer does not engage in agreeing a repayment plan.

However, every effort is made to agree a repayment plan with customers. Where a person is in employment and does not engage in agreeing a repayment plan, the Department will consider making an attachment of earnings order.

I would urge the person concerned to contact my Department's Central Debt Unit in order to discuss and agree a suitable repayment arrangement.  She can do this by emailing CentralDebt@welfare.ie or by calling 0818 927 999.    

I trust this clarifies the matter.

Social Welfare Eligibility

Questions (575)

Bernard Durkan

Question:

575. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress that has been made to date in the determination of eligibility for urgent assistance towards payment of a bill for a funeral in the case of a person (details supplied); and if she will make a statement on the matter. [39342/22]

View answer

Written answers

The purpose of the Additiona  Needs Payment (ANP) is to assist people with essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income.  

The ANP 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.

Applications for ANPs are made under the Supplementary Welfare Allowance Scheme administered by Designated Persons in the Community Welfare Service in my Department.

According to the records of my Department, the person concerned applied for an ANP with effect from 03/06/2022, towards the cost of funeral expenses in respect of his late wife.  On 13/06/2022 a letter issued to the person concerned requesting bank statements for three accounts that he holds or a letter to verify the bank accounts were closed.  As the requested documentation was not provided by 28/06/2022 the application was closed as it could not be progressed.

Following the Deputy’s representation, the ANP application has been re-opened.  A further letter issued to the person concerned on 12/07/2022 requesting that the outstanding bank statements be submitted by 27/07/2022 in order to progress the application.  It should be noted assessment of the ANP cannot be progressed until the requested documents are received by the Community Welfare Service.

On receipt of the outstanding documentation, the application will be assessed, and the person concerned will be advised of the outcome.

I trust this clarifies the matter.

Departmental Data

Questions (576, 577)

Jackie Cahill

Question:

576. Deputy Jackie Cahill asked the Minister for Social Protection the number of individuals in receipt of jobseeker’s allowance for 12 months or more in north Tipperary; and if she will make a statement on the matter. [39408/22]

View answer

Jackie Cahill

Question:

577. Deputy Jackie Cahill asked the Minister for Social Protection the number of individuals in receipt of jobseeker’s allowance for 12 months or more in south Tipperary; and if she will make a statement on the matter. [39409/22]

View answer

Written answers

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

As of July 10th 2022 there were 930 individuals in north Tipperary and 696 individuals in south Tipperary who are in receipt of jobseeker’s allowance for 12 months or more.

Question No. 577 answered with Question No. 576.

Departmental Data

Questions (578, 580, 581, 582)

Catherine Murphy

Question:

578. Deputy Catherine Murphy asked the Minister for Social Protection the number of grants processed under the additional needs' payment by month and per county in tabular form; and if she will make a statement on the matter. [39437/22]

View answer

Catherine Murphy

Question:

580. Deputy Catherine Murphy asked the Minister for Social Protection the amount spent on granting additional needs payments by month and per county in tabular form; and if she will make a statement on the matter. [39439/22]

View answer

Catherine Murphy

Question:

581. Deputy Catherine Murphy asked the Minister for Social Protection the maximum amount of grant awarded on additional needs payments by month and per county in tabular form; and if she will make a statement on the matter. [39440/22]

View answer

Catherine Murphy

Question:

582. Deputy Catherine Murphy asked the Minister for Social Protection the maximum salary earned by an awardee of an additional needs' payment by month and per county in tabular form; and if she will make a statement on the matter. [39441/22]

View answer

Written answers

I propose to take Questions Nos. 578, 580, 581 and 582 together.

Under the supplementary welfare allowance 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.

The Government has provided funding of €45.75 million for the provision of exceptional and urgent needs that are provided for as Additional Needs Payment in 2022.  A further provision of €5.3 million has been provided for SWA Supplements in 2022 (excluding rent supplement).  The scheme is demand led and is funded accordingly.  The payment is available to anyone who needs it and qualifies, whether the person is currently receiving a social welfare payment or working on a low income.  

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. 

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.

Table 1 shows the number of additional needs payment claims processed by county for each month to-date in 2022 (to end of June). This represents a snapshot of claim activity taken at 1st July and is subject to change.

Table 2 shows the expenditure for additional needs payments by month to-date in 2022 (to end of June). Breakdown of expenditure by county is not available.

Under the additional needs payments, which can have a wide range value, the amount paid will depend on a person’s weekly household income, their outgoings and the type of assistance needed.  Payments are made for large items, such as help provided in setting up a home for the first time and smaller weekly supplements to assist with ongoing costs. The scheme is demand led. There is no maximum amount awarded and no cap on payment amount allowable; however the system is restricted to issuing payment transactions of €6,500 or less per transaction. If an Officer determines that the need exceeds €6,500 they can issue multiple payments of €6,500 to meet the need presented. Statistics are not maintained on individual payment amounts or the salary levels of persons awarded an additional needs payment.

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.

TABLE 1 - Number of Additional Needs Payment claims processed by county for each month to-date in 2022 (to end of June)

County

Jan

Feb

Mar

Apr

May

Jun

Total

CARLOW             

53

84

65

100

144

130

576

CAVAN              

43

74

76

74

122

91

480

CLARE              

67

131

146

153

520

348

1365

CORK               

245

313

431

692

993

821

3495

DONEGAL            

112

138

172

168

424

585

1599

DUBLIN      

830

1334

1927

1784

2377

2866

11118

GALWAY             

73

126

209

189

500

722

1819

KERRY           

99

140

177

265

496

297

1474

KILDARE         

131

188

196

169

178

481

1343

KILKENNY           

60

81

104

106

207

68

626

LAOIS              

83

108

140

133

142

198

804

LEITRIM            

55

61

77

132

238

111

674

LIMERICK        

183

220

238

264

448

467

1820

LONGFORD           

120

113

138

108

125

151

755

LOUTH           

157

195

149

191

289

221

1202

MAYO            

72

94

136

127

172

135

736

MEATH           

142

192

230

231

285

378

1458

MONAGHAN           

29

28

37

46

58

46

244

OFFALY             

79

110

109

128

181

218

825

ROSCOMMON          

33

55

66

78

151

131

514

SLIGO               

80

80

90

86

229

307

872

TIPPERARY       

144

212

257

226

249

274

1362

WATERFORD          

65

106

174

167

293

321

1126

WESTMEATH       

113

136

145

182

260

241

1077

WEXFORD         

61

83

129

144

258

276

951

WICKLOW         

82

127

235

353

400

190

1387

Total

3211

4529

5853

6296

9739

10074

39702

TABLE 2 - Expenditure for additional needs payments by month to-date in 2022 (to end of June) 

MONTH

€ 000

January

2,962

February

3,465

March

3,676

April

3,558

May

4,703

June

5,038

Departmental Data

Questions (579)

Catherine Murphy

Question:

579. Deputy Catherine Murphy asked the Minister for Social Protection social protection the number of reviews of carer’s allowance conducted by month and per county in 2022, in tabular form; and if she will make a statement on the matter. [39438/22]

View answer

Written answers

Carer's Allowance (CA) is a means-tested social assistance payment, made to a person who is providing full-time care and attention to a person who has a disability such that they require that level of care.

The Department periodically reviews claims in payment 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.

The number of reviews of Carer’s Allowance (CA) conducted by month per county from 1 January 2022 to end June 2022, based on the carer's current address, are set out in the table below

County

JANUARY

February

March

April

May

June

CARLOW             

4

7

13

10

14

16

CAVAN              

5

2

10

33

13

15

CLARE              

7

9

25

24

35

30

CORK               

37

44

101

143

151

110

DONEGAL             

21

10

32

40

46

33

DUBLIN             

75

86

169

243

190

198

GALWAY             

21

19

43

64

51

49

KERRY              

11

12

17

38

45

33

KILDARE            

14

20

34

59

43

47

KILKENNY           

9

5

18

20

22

12

LAOIS               

4

2

17

21

29

26

LEITRIM            

3

2

4

14

3

14

LIMERICK           

13

20

28

71

42

45

LONGFORD           

1

2

4

12

17

14

LOUTH              

10

9

6

22

32

36

MAYO               

7

10

20

36

32

31

MEATH              

8

13

33

46

52

44

MONAGHAN           

4

2

5

14

11

4

OFFALY             

11

12

20

18

23

21

ROSCOMMON          

8

10

11

22

33

24

SLIGO              

4

2

6

10

16

16

TIPPERARY          

22

19

22

34

47

42

WATERFORD          

11

7

10

31

25

12

WESTMEATH          

7

5

31

22

33

20

WEXFORD            

13

13

35

53

27

22

WICKLOW            

12

6

13

31

18

20

Total

342

348

727

1131

1050

934

I trust this clarifies the matter for the Deputy.

Question No. 580 answered with Question No. 578.
Question No. 581 answered with Question No. 578.
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