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Tuesday, 26 Jul 2022

Written Answers Nos. 1491-1500

Grant Payments

Questions (1491)

Gary Gannon

Question:

1491. Deputy Gary Gannon asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to the fact that the documentation from SUSI such as court records and or records from Tusla in relation to parental estrangement is difficult to secure for students, leaving students ineligible to apply to SUSI or unable to be reclassified; if his Department is examining the matter; and if he will make a statement on the matter. [41827/22]

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Written answers

The decision on eligibility for a student grant is a matter, in the first instance, for the centralised student grant awarding authority SUSI (Student Universal Support Ireland) to determine. For student grant purposes, students are categorised according to their circumstances either as students dependent on parents or a legal guardian, or as independent mature students. A student may be assessed as an independent student (i.e. assessed without reference to parental income and address) if he/she has attained the age of 23 on the 1st of January of the year of first entry to an approved course, and is not ordinarily resident with his/her parents from the previous 1st October. Otherwise, he/she would be assessed as a dependent student, i.e. assessed with reference to parental income and address. Only in exceptional cases, where compelling evidence of irreconcilable estrangement from parents/guardians is provided, can candidates who are under 23 be assessed without reference to their parents/guardians income or address. Otherwise he or she will be assessed as a dependent student for student grant purposes i.e. assessed on the basis of the income and address of parents/legal guardians. Experienced staff deal sensitively with the issue of estrangement. If the Deputy has a specific case he wishes to highlight he can contact SUSI at oireachtas@susi.ie or my office. Staff in SUSI are responding to email queries within a matter of days.

Student Accommodation

Questions (1492)

Sorca Clarke

Question:

1492. Deputy Sorca Clarke asked the Minister for Further and Higher Education, Research, Innovation and Science the facility that is in place for those renting a room via licence and who are not in receipt of rent allowance or housing assistance payment in relation to establishing independent residence. [41913/22]

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Written answers

For student grant purposes, students are categorised according to their circumstances either as students dependent on parents or a legal guardian, or as independent mature students.

A student may be assessed as an independent student (i.e. assessed without reference to parental income and address) if he/she has attained the age of 23 on the 1st of January of the year of first entry to an approved course, and is not ordinarily resident with his/her parents from the previous 1st October. Otherwise, he/she would be assessed as a dependent student, i.e. assessed with reference to parental income and address.

A student’s status for grant purposes is defined at their first point of entry to an approved further or higher education course or at their point of re-entry to an approved course following a break in studies of at least three years, and continues to apply for the duration of their studies.

However, there are points at which a student may reclassify from a dependent student to an independent student. These are where he/she:

- Progresses from further education to higher education.

- Is returning following a 3 year break in studies.

- Is returning as a "second chance" student after a five year break in studies.

The decision on eligibility for student grant applications is a matter for the centralised grant awarding authority, SUSI (Student Universal Support Ireland).

In order for SUSI to be satisfied that an applicant meets the criteria to be classed as an Independent student, documentary evidence of their independent residence is requested and an indicative list of accepted documents is sent to the applicant.

If the applicant is unable to submit evidence that their tenancy is registered with the Residential Tenancy Board or that they are in receipt of Rent Allowance or Housing Assistance Payment (HAP) then they can submit one or more of the other following documents listed,

- A Local Authority lease agreement or a letter confirming their rental under the Rental Accommodation Scheme (RAS) or any Government housing scheme/arrangement. Private housing lease agreements will not be accepted.

- A letter on headed paper from a Rental Agency confirming their tenancy;

- A utility bill or statement of top-ups for pay as you go utility meters in their own name, for example; landline telephone, fixed broadband, gas, electricity, cable/satellite television, home heating, waste, mortgage statements or property tax letters. SUSI does not accept mobile telephone bills. If the utility bills in the household are in the applicant’s spouse's name, they are required to provide their marriage certificate with the utility bill. If they are co-habiting, SUSI will accept utility bills in their partner's name covering the relevant period along with correspondence issued to the applicant, at the same address and covering the relevant period e.g. bank statement or Statement of Liability/P21 or equivalent if sourced from outside the State; and/or

- Official documentation posted to the applicant at their address and relating to their residence there. For example, a letter from a Department of Social Protection confirming Rent Allowance at this address or a letter from any Government department confirming they are living independently from their parents. Please note, SUSI does not accept bank statements alone for this purpose.

If an applicant is unable to provide one of the listed accepted documents and their application is refused and if the applicant considers that she/he has been unjustly refused a student grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI in accordance with Section 20(2) of the Student Support Act 2011.

Applicants who do not meet the criteria to be assessed as an independent student for grant purposes, or who cannot supply the necessary documentation to establish independent living for the required period, may still apply to SUSI to have their grant eligibility assessed as a dependent student. The relevant information, including details of parental income, would be required by SUSI to determine grant eligibility as a dependent student.

Where an individual applicant has had an appeal turned down in writing by an appeals officer in SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal may be submitted to the independent Student Grants Appeals Board within the required timeframe (i.e. not later than 30 days after the notification of the determination of the appeals officer to the applicant). Such appeals can be made by the appellant on line via www.studentgrantappeals.ie.

Housing Assistance Payment, Rent Supplement and Rental Accommodation Scheme are income disregards for student grant purposes and are not included in the means test. This treatment, along with other provisions of the scheme, ensures that those students most in need receive supports commensurate with their needs.

As in any statutory scheme, a core principle of the student grant scheme is that there is consistency of approach and an equitable treatment for applicants as part of the means assessment process. All applications are assessed nationally with reference to the terms and conditions of the relevant student grant scheme. The terms and conditions of funding are applied impartially to all applicants.

Apart from the Student Grant Scheme, students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund (SAF). Students can apply for the SAF to help with either temporary or ongoing financial difficulties and can be assisted towards their rent, childcare costs, transport costs, medical costs and books/class materials. This Fund is administered on a confidential, discretionary basis and assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Details of this fund are available from the Access Office in the third level institution attended.

Domestic Violence

Questions (1493)

Richard Boyd Barrett

Question:

1493. Deputy Richard Boyd Barrett asked the Minister for Justice the estimated full-year cost of providing enough women’s refuge places to bring us in line with Ireland's commitments under the Istanbul Convention. [41419/22]

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Written answers

Under the recently-published Third National Strategy on Domestic, Sexual and Gender-based Violence, I will deliver the fastest ever expansion in the number of refuge spaces. The number of spaces will be doubled and the structures will be put in place to go on to deliver, in full, the recommended Istanbul target. As the Deputy is aware, the explanatory report to the Istanbul Convention recommends that there should be one family place for every 10,000 of population, indicating there should be 476 family places provided in Ireland, based on 2016 Census data.

The ultimate aim is to provide a refuge space for everyone who needs one, meeting the recommended standard of the Istanbul Convention. This will be done in a phased way with an initial aim of doubling the current level of provision from 141 to 282 family places over the lifetime of the strategy at an estimated capital cost of €70m and an additional €31.6m in running costs over that period.

Domestic Violence

Questions (1494)

Richard Boyd Barrett

Question:

1494. Deputy Richard Boyd Barrett asked the Minister for Justice if she will provide a list of all women’s refuges in the country; and the full year cost of running each [41420/22]

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Written answers

As the Deputy will be aware the Government will establish a statutory agency with a dedicated focus on Domestic Sexual and Gender-Based Violence.

The agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue. Pending establishment of the Agency, responsibility for the commissioning of domestic violence services remains the responsibility of Tusla until services formally transfer to the new DSGBV agency.

In relation to the specific information sought by the Deputy, I have referred the question to Tusla for direct reply.

Legal Services Regulation

Questions (1495, 1612)

Brendan Howlin

Question:

1495. Deputy Brendan Howlin asked the Minister for Justice if her attention has been drawn to the difficulties for citizens contacting the Legal Services Regulatory Authority; if she will seek a report from the Authority on its customer service arrangements to deal with telephone queries; and if she will make a statement on the matter. [39595/22]

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Róisín Shortall

Question:

1612. Deputy Róisín Shortall asked the Minister for Justice if the current average waiting times for complaints from members of the public to be dealt with by the Legal Services Regulatory Authority; the current staffing levels and staff vacancies in the LSRA; and if she will make a statement on the matter. [41702/22]

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Written answers

I propose to take Questions Nos. 1495 and 1612 together.

As the Deputy may be aware, the Legal Services Regulatory Authority (LSRA) is an independent body responsible for the regulation of the legal professions under the provisions of the Legal Services Regulation Act 2015.

Under the terms of the 2015 Act, the Authority appoints its own staff with the approval of the Minister for Public Expenditure and Reform. However, to be of assistance to the Deputy, I have had enquiries made and the LSRA has provided me with the information in the table below.

LSRA Staff Resources as at 21 July 2022

Grade

Number of staff (Full Time Equivalent)

Assistant Secretary

1

Principal Officer

2

Assistant Principal Officer

7

Higher Executive Officer

7

Administrative Officer

1

Executive Officer

2

Clerical Officer

13

State Solicitor

9

Office Manager

1

I am also informed that the Authority seconds a small number of staff to the Legal Practitioners Disciplinary Tribunal.Detailed information on the LSRA's complaints process can be found on its website at: How We Handle Complaints – Legal Services Regulatory Authority (lsra.ie). As noted in its Information Note for the Public, as no two complaints are the same, it is very difficult to estimate how long a complaint may take. However, the LSRA is committed to providing an efficient and effective service and will be working hard to have the matter dealt with as quickly as possible.

The Deputy may also be aware that the LSRA has a dedicated email address for the provision of information to members of the Houses of the Oireachtas, and can be contacted directly at lsra-oir@lsra.ie.

Immigration Status

Questions (1496)

Bernard Durkan

Question:

1496. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to regularise the position in the case of a person (details supplied); and if she will make a statement on the matter. [39631/22]

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Written answers

Any non-EEA national who separates from their Irish spouse should notify their local immigration office within seven days, as required by section 9(2) of the Immigration Act 2004. This does not require a legal separation.

Within two calendar months after their separation, the person concerned needs to inform, in writing, my Department about the separation and seek a change of their immigration status. My Department will consider the application and make a decision if they qualify for a permission in their own right.

Any application submitted should provide details of their current address and any other details that they rely on to substantiate their application.

The application can be sent to:

Immigration Service Delivery,PO Box 12695, Dublin 2

Further information can be found in the FAQ section of my Department's immigration website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/spouse-civil-partner-of-irish-national-scheme/.

International Protection

Questions (1497, 1498, 1499, 1500)

Catherine Connolly

Question:

1497. Deputy Catherine Connolly asked the Minister for Justice the number of international protection applicants awaiting the issuance of a temporary residence certificate in card form, not a paper document. [39670/22]

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Catherine Connolly

Question:

1498. Deputy Catherine Connolly asked the Minister for Justice the number of persons currently awaiting entry into the international protection system; and if she will make a statement on the matter. [39671/22]

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Catherine Connolly

Question:

1499. Deputy Catherine Connolly asked the Minister for Justice the number of international protection applications made to date in 2022. [39672/22]

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Catherine Connolly

Question:

1500. Deputy Catherine Connolly asked the Minister for Justice the number of applications currently awaiting a first instance decision at the International Protection Office; the median projected waiting time for a first instance decision for applicants for both prioritised and non-prioritised applications. [39673/22]

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Written answers

I propose to take Questions Nos. 1497 to 1500, inclusive, together.

The overall objective of my Department is to have recommendations made on international protection applications as soon as possible. This ensures that those who are found to be in need of protection from the State can receive it quickly and begin rebuilding their lives here with a sense of safety and security.

Anyone who wishes to make an application for international protection must proactively do so on their own behalf and on behalf of any of their minor family members. If they apply initially at their port of entry to the State they will still need to make a formal application at the Dublin offices of the International Protection Office (IPO) of my Department. There is no need to make an appointment. Everyone completes their preliminary interview under Section 13 of the International Protection Act 2015 on the day they first attend the IPO offices. Therefore, there are no applicants waiting for a preliminary interview. When the registration process is completed, a Temporary Residence Certificate (TRC) is given to the applicant.

The IPO has identified the practical efficiencies that can be made to improve the registration process. TRCs are now generally being issued on the same day as the preliminary interview, i.e. the first day the applicant attends the IPO Offices. The need to make a further appointment (call back) with an applicant to complete the application process has been almost completely eliminated with interpreters from the main languages present on the reception floor to assist applicants in making their protection applications. There are currently five international protection applicants awaiting the issuance of a temporary residence certificate.

The Deputy may be aware that in recent months, the number of people claiming international protection has increased significantly, with 6,494 applications made so far this year to the end of June 2022. This is a 191% increase on the same period in 2019, the last year in which application numbers were not impacted by COVID-19.

Notwithstanding the very large increase in the number of applications, the median processing time for all international protection cases processed to completion by the IPO in Quarter 2 2022 was 22 months. The median processing times for prioritised applications processed in Q2 2022 was 10 months.

In total, there were 9,048 international protection applications on hand at the International Protection Office (IPO) of my Department at the end of June 2022.

I can assure the Deputy that my Department continues to work to improve the international protection process and to reduce processing times, in line with the recommendations made by the Expert Advisory Group, led by Dr. Catherine Day, and the commitments in the Government's White Paper, published by my colleague, Minister Roderic O’Gorman. However, the substantially higher number of applications currently being received, as outlined, will present a significant challenge in achieving this.

An end-to-end review of relevant international protection processes by a multi-disciplinary team from my Department has been completed and published. New measures and procedures will continue to be put in place to improve efficiencies across all aspects of the protection process. My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times.

Question No. 1498 answered with Question No. 1497.
Question No. 1499 answered with Question No. 1497.
Question No. 1500 answered with Question No. 1497.
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