Written Answers Nos. 348-368
348. Deputy Eoin Ó Broin asked the Minister for Education the reason that ancillary grants and minor works grants are not available to early-start educational settings; and if her Department will consider extending such grants to them. [45057/22]
View answerMy Department's main intervention in the provision of early years education is the Early Start programme. The Early Start programme was established in 1994, and is a one-year intervention to meet the needs of children aged between 3 years and 5 years who are at risk of not reaching their potential within the school system. It involves an educational programme to enhance overall development, help prevent school failure and offset the effects of social disadvantage. The Early Start programme runs in 40 primary schools in designated areas of urban disadvantage, and has capacity for 1,620 children each year. Early Start units are staffed by teachers and child care workers, and the role of the child care workers is to meet the care needs of all the children in the unit, including those children with special educational needs. The programme opens each year to new child enrolments.
As the Early start programme is accommodated within existing primary school buildings, under my Department’s grant schemes improvement works to a primary school building such as roof works, window replacement etc., would generally incorporate the part of the primary school building that is occupied by the Early Start programme. Any changes to these grant schemes would be a policy matter and would also have to be considered in the context of overall budgets and wider priorities.
The Department of Children, Equality, Disability, Integration and Youth (DCEDIY) is responsible for early years education outside the formal education system and my colleague, the Minister for Children, Equality, Disability, Integration and Youth has recently announced a €10m Capital Grant for the Early Learning and Childcare Sector. The Building Blocks - Improvement Grant is part of a wider Building Blocks Capital Programme for Early Learning and Childcare under the National Development Plan. Grants will range from €35,000 to €75,000 across two separate strands: Green Energy and Retrofit. Services that sign up for the new €221m Core Funding Scheme are eligible for funding under for the Building Blocks Capital Programme.
349. Deputy Eoin Ó Broin asked the Minister for Education if the size of a school building is considered when assessing and granting funding for utilities and maintenance-related costs; if not; if her Department will consider this as a factor going forward in order to ensure appropriate levels of funding for larger schools. [45058/22]
View answerMy Department provides funding to all recognised schools in the Free Education Scheme by way of per capita grants which are paid based on the number of students enrolled in the school. The two main grants are the Capitation grant to cater for day to day running costs including heating, lighting etc. and the Ancillary grant to cater for the cost of employing ancillary services staff. These grants may be regarded as a common grant, from which the Board of Management can allocate according to its own priorities within the guidelines of DPER Circular 13/14, where the funding must be used for the purposes in which it was given for. I have committed to seeking funding for further increases in the capitation in future budgets.
My Department also provides funding to Primary Schools in the form of a Minor Works Grant, this grant is primarily based on the number of students enrolled in the school. The payment of this grant gives schools the opportunity to undertake any minor works providing good flexibility to address issues at local school level and to take a targeted approach.
The use of per capita grant systems with standard base amounts and/or minimum thresholds etc. are a mechanism to align funding levels to the size of schools while at the same time ensuring minimum levels of funding for our small schools.
In 2020 and 2021, €90 million was provided to Primary schools under the Minor Works Grant and an additional €132 million was provided to Primary and Post Primary schools as an Enhanced Minor Works Grant to assist schools to manage in the COVID-19 environment and to put more sustainable arrangements in place in the context of Covid-19.
350. Deputy Eoin Ó Broin asked the Minister for Education if her attention has been drawn to the fact that a number of teaching positions in schools across the Dublin Mid-West area are unfilled due to the lack of affordable accommodation and the increasing cost-of-living; and if she intends to engage with colleagues across Government in relation to the way that this can be addressed. [45059/22]
View answerI fully appreciate the concerns of teachers and indeed society generally in relation to housing and increases in living costs.
The Government acknowledges that current price pressures present particular challenges and are a source of concern for all public service workers, including teachers. While the issue of pay alone will not resolve these issues, the Government is committed to the delivery of quality public services, and will continue to approach public service pay in a balanced way that is reasonable and fair to both public servants and the taxpayer. There is an important balance to be struck between maintaining industrial peace and protecting the Exchequer.
The value of public pay deals to the Government and the taxpayer is ensuring that pay costs are managed in a sustainable and orderly way and in a climate of industrial peace. By and large public pay agreements have delivered on these objectives over the last 12 years. Following the conclusion of discussions on 30 August, the parties to Building Momentum, with the expert assistance of the WRC who oversaw the talks' process, have come forward with a set of proposals, to extend the terms of Building Momentum to 31 December 2023. Government have approved these proposals which have been published in full. It is now a matter for public service unions and associations representing the public service workforce to consider and ballot on those proposals. The proposals, if adopted by unions and staff representative associations, will provide stability in a period of significant global uncertainty. It is appropriate at this time to allow space for the respective union and association memberships to reflect on the proposals.
In recent years my Department has established a comprehensive programme of work to support the supply of teachers at both post-primary and primary levels, including the introduction of new programmes of initial teacher education and teacher upskilling programmes in targeted subject areas and the Teaching Transforms campaign, which encourages young people to follow a career in teaching.
I have allocated significant additional posts to the primary substitute teacher supply panels in areas where significant challenges in sourcing substitution continue, bringing the total to 610 posts on 151 panels, covering approximately 2,800 schools, including the large majority of primary schools in Dublin. The supply panels work alongside the existing methods of sourcing substitute teachers, such as Sub Seeker , the national substitution portal service operated by the Irish Primary Principals' Network and schools can also make local arrangements to have their own regular substitutes to call on if needed.
The Council is also currently processing applications for registration from newly qualified teachers, who will represent a new source of supply in 2022/23. In excess of 3,200 primary and post-primary NQTs are registered to date with almost 100 further applications currently in progress.
351. Deputy Eoin Ó Broin asked the Minister for Education if notification in respect of funding programmes from her Department will be made available to schools at an earlier stage of the year, including the book rental and the schoolbooks schemes, in order for schools to prepare appropriately and to avoid unnecessary cost to parents. [45060/22]
View answerMy Department provides funding to recognised Primary and Post Primary schools in the Free Education Scheme by way of per capita grants. The two main grants are the Capitation grant to cater for day to day running costs such as heating, lighting, cleaning, insurance, general up-keep etc. and the Ancillary/School Services Support Fund (SSSF) to cater for the cost of employing ancillary services staff. In addition, schools also receive a range of other grants including Book Grants, Programme grants etc.
School Grant Calendars setting out the annual grant payment schedule, including Book Grants, are available on my Department’s website at gov.ie - School Grant Calendars (www.gov.ie)
My Department engages on a regular basis with the education stakeholders including the primary and post primary management bodies on all matters relating to the running of schools.
352. Deputy Eoin Ó Broin asked the Minister for Education if teachers are Garda vetted only once in their career, yet special needs assistants must be vetted for each position; and if so, the reason that this is the case. [45061/22]
View answerFollowing the commencement of the National Vetting Bureau [ Children and Vulnerable Persons ] Act of 2012 by the then Minister for Justice and Equality on the 29 April 2016 (other than section 20 ) my Department issued Circular 31/2016 to all school Authorities and Education Training Boards advising of the statutory obligations placed on school authorities by the Act to obtain a vetting disclosure from the Bureau prior to the employment, contract, permission or placement of a person to undertake relevant work or activities with children or vulnerable persons
In respect to registered teachers, the Teaching Council of Ireland since the 29 April 2016 provides a vetting disclosure, in respect of a registered teacher which has been received by the Teaching Council from the Vetting Bureau electronically, to the relevant school authority.
The Teaching Council commenced the re- vetting system of all registered teachers in 2019/2020. Teachers who are not registered with the Teaching Council cannot receive a State funded salary and if the re-vetting request is not complied with, registration may not be renewed.
The relevant diocesan office or school management body continues to act as a conduit for schools for the purposes of Garda vetting of persons other than registered teachers who are employed, contracted, permitted or placed to undertake relevant work or activities by the school and in the case of ETB schools, the relevant ETB is the relevant organisation for such purposes.
The Department of Justice has established an inter-departmental group to undertake a review of Garda vetting arrangements and legislation.
The group will make recommendations for amending legislation and strengthening the Garda vetting process and the feasibility of the introduction of a centralised system for vetting SNA's can be considered as part of this work.
353. Deputy David Stanton asked the Minister for Education if she will ensure that a child (details supplied) will be given a second-level school place; and if she will make a statement on the matter. [45062/22]
View answerMy Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.
The Capital Programme details the school projects that are being progressed under Project Ireland 2040. The current status of large-scale projects being delivered under Project Ireland 2040, including projects in the area in question, may be viewed on my Department's website at, www.gov.ie and this information is updated regularly. In addition, a list of large-scale projects completed from 2010 to date may also be viewed on the website.
The Capital Programme also provides for devolved funding for additional classrooms, including accommodation for pupils with special educational needs, if required, for schools where an additional enrolment need has been identified or where an additional teacher has been appointed. Details of schools listed on this programme (the Additional Accommodation Scheme) can also be found on my Department's website at www.gov.ie and this information is also updated regularly.
Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.
It is the responsibility of the managerial authorities of all schools to draft, publish and implement a school admission policy in accordance with the Education Acts 1998 to 2018
Where a board of management make a decision to refuse admission, a parent/guardian can appeal that decision under section 29 of the Education Act, 1998, and an independent appeals committee will be appointed to consider the appeal. The role of the section 29 hearing committee is to examine the application for enrolment and consider if it was correctly processed by the school, in accordance with the school’s Enrolment Policy. The section 29 appeals committee cannot consider matters that are not provided for within the school’s Enrolment Policy. If a parent consider that a school has erred in their processing of their enrolment application, a section 29 appeal committee can examine how the application was processed by the school and identify if the school did not follow its Enrolment policy.
In cases where an error occurred the section 29 appeal committee will consider if the error had a material effect on the application. Where an error had a material effect on an enrolment application, the section 29 appeal committee can direct the school to enrol the student or adjust the students ranking on the waiting list. This Department has no authority to compel a school to admit a student, except in circumstances where an appeal under section 29 of the Education Act, 1998 has been allowed and the appeals committee directs that the school admit the child concerned.
A section 29 appeal must be made no later than 63 calendar days from the date of the school’s decision to refuse admission. It is important to note that if a parent has been refused admission due to the school being oversubscribed, and the parent wishes to appeal that decision they must firstly make a written request to the school seeking a review of the board of management’s decision. This request for a review to the board of management is time bound and must be made within 21 calendar days from the date of the decision by the school to refuse admission to the child in question.
If the child has been refused admission for a reason other than the school being oversubscribed, the parent may, but are not required to, request a review by the board of management within 21 calendar days from the date of the decision by the school to refuse admission to the child. Where the child has been refused admission for a reason other than the school being oversubscribed and does not seek a review by the board of management the parent may make an appeal to an independent appeals committee no later than 63 calendar days from the date of the school’s decision to refuse admission.
Full details on the section 29 appeals process for refused enrolment are available on the Gov.ie website at the links below:
www.gov.ie/en/publication/8248c-appeals-in-relation-to-refusal-to-admit-a-student-due-to-a-school-being-oversubscribed/ www.gov.ie/en/publication/31c4f-appeals-in-relation-to-refusal-to-admit-a-student-for-a-reason-other-than-the-school-being-oversubscribed/
In addition, Tusla Education Support Services (TESS) the Educational Welfare Service is the legal body which can assist parents who are experiencing difficulty in securing a school placement for their child. Contact details for TESS are available at the following link www.tusla.ie/tess/get-in-touch/ or by email at tessinfo@tusla.ie
354. Deputy Eoin Ó Broin asked the Minister for Education the current status of an application for capital funding by a school (details supplied) in order to increase capacity of early-start and ASD classes on site; and the timeframe for when a decision will be available. [45083/22]
View answerI can confirm to the Deputy, that my Department is in receipt of an application for capital funding under the Additional School Accommodation (ASA) scheme, from the school in question.
The purpose of the ASA scheme is to ensure that essential mainstream classroom and Special Education Needs (SEN) accommodation is available to cater for pupils enrolled each year, where the need cannot be met by the school’s existing accommodation.
A decision on the school's most recent application under the ASA scheme has issued directly to the school authority in this context and my officials are in touch with them in this regard.
355. Deputy Eoin Ó Broin asked the Minister for Education the current status of an application for capital funding by a school (details supplied) to instate two new ASD classes on site; and if there is a timeline for delivery available [45090/22]
View answerI am pleased to inform the Deputy that funding was approved under the Additional Accommodation Scheme 2021 to enable the school in question to build a 2 Classroom SEN base.
The project has been devolved for delivery to the School Authority with the assistance of the Joint Managerial Body (JMB). The school has procured a consultant who will lead the project through the various stages of architectural planning and onwards through the statutory planning process, tender and construction.
My Department is currently awaiting the submission of a Stage 1 Report from the school. At this early stage in the architectural planning process, it is not possible to anticipate a completion date for the project.
356. Deputy Holly Cairns asked the Minister for Education if she will ensure that a child (details supplied) is allocated a special educational needs place in a local school. [45124/22]
View answerI would like to thank the Deputy for the question and would like to advise the following:
Recognising some of the difficulties experienced by parents in securing appropriate school placements, over the last two years, the Department of Education and the National Council for Special Education (NCSE) have worked closely on a more streamlined and joined up planning process. This has ensured a targeted approach to meet demand for special needs placements ahead of each new school-year.
I am satisfied that this more joined up approach is delivering. Through this intensive intervention, we have seen 383 new special classes open, bringing the total of special classes to 2,535 opened nationwide for the 2022/23 school-year. The 383 new special classes for 22/23 is broken down by 253 at primary and 130 at post primary.
The NCSE has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide. It has well established structures in place for engaging with schools and parents. NCSE seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special class placements.
The Department recognises that where parents have difficulties in securing an appropriate school placement for their child, particularly a child with additional needs, it can be a stressful experience. My Department is working hard to ensure that there are sufficient school places, appropriate to the needs of all children, available on a timely basis nationwide.
Parents seeking special class placements for their children are advised to contact NCSE locally so that their needs can be taken into account for planning purposes.
The NCSE through their network of SENOs (Special Educational Needs Organisers) are currently engaged in a process of establishing new classes for the 2022/2023 school year and beyond. They are looking at local information in relation to projected demand for future special class places.
The local SENOs remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: www.ncse.ie/regional-services-contact-list.
As the query refers to an individual child, I will arrange to have it referred to the NCSE for their attention and direct reply.
357. Deputy Eoin Ó Broin asked the Minister for Education the status of a project under the school building programme for a school (details supplied); and the estimated timeframe for delivery of the works. [45167/22]
View answerThe joint major building project for the schools referred to by the Deputy will be delivered under my Department's ADAPT Programme.
ADAPT is an acronym which stands for the "Accelerated Delivery of Architectural Planning and Tendering".
The ADAPT Programme uses a professional external Project Manager to co-ordinate and drive the Design Team to achieve the best possible timeframe for the project through the stages of Architectural Planning to Tender and Construction.
Since their appointment in May 2022, the Project Managers and my Department have been engaging in fortnightly briefing meetings in respect of all the major school building projects included in this Programme, including these 2 schools.
As part of their familiarisation review, the Project Managers have also recently visited the 2 schools.
The process to appoint a Design Team will shortly be put in train by the Project Manager.
358. Deputy Brendan Howlin asked the Minister for Social Protection if she intends to include Covid-19 as an occupational injury under the occupational injuries benefit scheme; when a decision will be made in relation to this issue; and if she will make a statement on the matter. [44357/22]
View answerCovid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005 as it does not meet the criteria laid down in the Act. Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that—
(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and
(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
My Department reviews its supports and schemes to ensure that they continue to meet their objectives. Any changes to the current system would need to be considered in an overall policy, legislative and budgetary context.
I trust this clarifies the matter for the Deputy.
359. Deputy Niamh Smyth asked the Minister for Social Protection if the case of a person (details supplied) will be reviewed; if advice will be provided in this case; and if she will make a statement on the matter. [44360/22]
View answerThe person concerned reached pension age on 12 January 2018. They applied for State pension (contributory) on 02 August 2019.
State pension (contributory) was awarded from 31 January 2019, allowing for the maximum backdating of six months from the date of receipt of the original application.
Current social welfare legislation on late claims stipulates that claims received on or after 5/6 April 2012 may only be backdated for a maximum of six months.
Backdating of a late claim beyond six months will be considered in circumstances where the failure to claim arose as the result of either incorrect information having been supplied by my Department, or the claimant’s serious incapacity by illness or infirmity. In either case, relevant documentary evidence should be provided by the person concerned.
I hope this clarifies the position for the Deputy.
360. Deputy Niamh Smyth asked the Minister for Social Protection the number and percentage of persons that apply late for their State pension; her views on whether a raised awareness is needed in this regard; and if she will make a statement on the matter. [44362/22]
View answerIn 2021, a total of 1,573 (4%) applicants resident in the state submitted an application more than six months after their 66th birthday.
Current social welfare legislation on late claims stipulates those claims received on or after 6 April 2012 may only be backdated for a maximum of six months.
Backdating of a late claim beyond six months will only be considered in circumstances where the failure to claim arose as the result of either incorrect information having been supplied by my Department, or the claimant’s serious incapacity by illness or infirmity. In either case, relevant documentary evidence should be provided by the person concerned.
Although the onus is on individuals to keep themselves informed of eligibility conditions for State Pensions my department were contacting persons where we could establish a likely entitlement to state pension (contributory) in advance of pension age. This process is being reviewed. It is intended to re-instate an enhanced process before year end.
I hope this clarifies the position for the Deputy.
361. Deputy Paul McAuliffe asked the Minister for Social Protection if a review of the domiciliary care allowance appeal by a person (details supplied) will be carried out. [44365/22]
View answerThe 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 am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 22 February 2021.
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 submitted correspondence in May 2021 in which she requested that she be given an opportunity to make the case for her appeal at an oral hearing.
On 26 August 2021 an oral hearing via telephone was held for the purpose of a review of the appeal decision. The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of his earlier decision. The person concerned was notified of the Appeals Officer’s decision on 6 September 2021.
Following this review outcome, the person concerned submitted further additional evidence and the Appeals Officer agreed to undertake another review. The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of the original decision and the person concerned was notified of this outcome on 22 November 2021.
Subsequently, the person concerned submitted more evidence and the Appeals Officer again agreed to undertake another review. The Appeals Officer again did not find any new facts or fresh evidence which warranted a revision of the original decision and the person concerned was notified of this outcome on 30 August 2022.
I am advised that the person concerned has again submitted additional evidence and that the Department has been requested to return the file to the Social Welfare Appeals Office. On receipt of this file, the Appeals Officer will again review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.
I trust this clarifies the matter for the Deputy.
362. Deputy Claire Kerrane asked the Minister for Social Protection if her attention has been drawn to a specific issue with regard to the social welfare appeals office (details supplied); and if she will make a statement on the matter. [44368/22]
View answerThe 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 and insurability of employment.
In the details supplied with this question the Deputy states that the Standards in Public Office Commission (SIPO) advised that the Chief Appeals Officer of the Social Welfare Appeals Office gave 'erroneous information' to the Oireachtas Committee investigating "bogus self- employment". This 'erroneous information' is said to be the denial of the use of "test cases" by the Social Welfare Appeals Office.
I am advised by my officials that neither the Chief Appeals Officer nor the Department have ever been contacted by SIPO in relation to any such complaint and nor have they been advised of any such ruling.
I trust this clarifies the matter for the Deputy.
363. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an exceptional needs application by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [44384/22]
View answerAn application for an Exceptional Needs Payment (ENP) was registered for the person concerned on 21/07/2022. In order to complete an assessment of the application, further information was sought from the person on 26/07/2022 and 07/09/2022. The following information remains outstanding:
Written confirmation that the person concerned does not hold any savings.
Details of the water group scheme and its provisions, from the local authority.
Confirmation of ownership of the property where the water group scheme will be provided.
On receipt of the requested information, the ENP application will be assessed, and the person concerned will be advised of the outcome in writing.
I trust this clarifies the matter.
364. Deputy Maurice Quinlivan asked the Minister for Social Protection the current timeframe for decisions to be made on supplementary welfare allowance and the exceptional needs payment; and if she will make a statement on the matter. [44400/22]
View answer365. Deputy Maurice Quinlivan asked the Minister for Social Protection if she will outline the rationale for centralising community welfare services; and if she will make a statement on the matter. [44401/22]
View answerI propose to take Questions Nos. 364 and 365 together.
The Community Welfare Service (CWS) of my Department delivers the Supplementary Welfare Allowance (SWA) scheme which is the safety net within the overall social welfare system. This scheme provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents.
The CWS is committed to providing a quality service to all its customers, ensuring that applications are processed and that decisions on entitlement are made as quickly as possible. Based on the available data, it is estimated that 63% of all SWA payments are decided within 4 weeks from the date of application and 92% are decided within eight weeks of application. 50% of applications for Additional Needs Payments are finalised within 0-4 weeks and 90% are finalised within 0-8 weeks. Where an application is not finalised within this timeframe, this is generally due to additional information or documentation being requested from the customer to support their application.
The Department has introduced innovations this year which have increased efficiency in processing applications for SWA payments. One of these is the establishment of a back-office team to undertake the preparatory work on applications - for example, the gathering of supporting documentation that is necessary to assess and finalise a claim. This method of processing applications supports a number of CWS areas across the country and it has been found to be very effective in releasing Community Welfare Officers (CWO) from the requirement to undertake administrative tasks and to focus on delivery of services. It allows for increased capacity for CWOs to meet with customers as required and to process claims. This model will be extended to cover all CWS areas across the country in the coming weeks.
In addition, a new National CWS Claims Decisions Team is being established this month to work on finalising SWA applications. Where claims require further contact with the customer or a home visit is required, the claim will remain with the local CWO to be finalised. This Claims Decisions Team is based in multiple locations around the country.
The delivery of crucial Community Welfare Services to meet the challenges and the needs of vulnerable customers across the country remains a priority for my Department. The continued availability of locally based CWO is a cornerstone of the service. CWOs can facilitate emergency and in-person meetings in 51 Intreo Centres across business hours, five days per week. Some CWOs are based in Social Welfare Branch Offices and provide appointments at those offices. In addition to meeting citizens in Intreo Centres, Branch Offices and DSP offices, CWOs can facilitate an appointment within a short time of a person requiring such a meeting, at a mutually agreed location, including at the person's home.
I trust this clarifies the matter.
366. Deputy Emer Higgins asked the Minister for Social Protection if her attention has been drawn to the fact that South Dublin County Partnership has been successfully awarded lot 15 under the procurement competition for the new nationwide Intreo Partner Employment Services and as a result will be enforcing compulsory redundancy for 37 staff members; and if she will make a statement on the matter. [44414/22]
View answer367. Deputy Mary Butler asked the Minister for Social Protection if she will address the concerns raised in correspondence by stakeholders within the insurance industry regarding Institutions for Occupational Retirement Provision regulations and legislation; and if she will make a statement on the matter. [44415/22]
View answerIORP II, which became effective from 13 January 2019, sets out minimum standards for the management and supervision of pension schemes, with the objective of ensuring the soundness of occupational pensions and better protections for scheme members and beneficiaries across the European Union. IORP II requirements were transposed into Irish law by way of the European Union (Occupational Pension Schemes) Regulations 2021 (S.I. No. 128 of 2021) which came into force on 22nd April 2021.
The general principle followed in respect of the transposition of IORP II, in keeping with the Government’s Roadmap for Pensions Reform, is that the requirements of IORP II apply to all schemes and trust Retirement Annuity Contracts (RACs), including one-member arrangements (OMAs). This is in order to ensure that all members and beneficiaries are afforded equal protection irrespective of the size of the pension arrangement. It should be noted that the decision to apply the requirements of IORP II to all schemes and trust RACs was announced by the Government in 2019 and it was expected that trustees and insurance providers would have been preparing for compliance with these requirements in advance of transposition.
In the case of OMAs established on or after S.I. No. 128 of 2021, such arrangements are required to meet all new IORP II related requirements set out under the 1990 Act, where applicable, from the date on which they were established. From a supervision perspective, the Pensions Authority, however, outlined that it was applying a deadline of 1st July 2022 in respect of OMA’s compliance with those new requirements.
The supervision of compliance with the requirements of both IORP II and the Pensions Act 1990 (‘1990 Act’) is the responsibility of the Pensions Authority, which is the regulator for pensions in Ireland (and the competent authority within the meaning of the IORP II Directive).
The Pensions Authority is an independent statutory body, and it would not be possible or appropriate for me to interfere with the Pensions Authority’s compliance supervision function or to direct the Pensions Authority to extend any compliance deadlines relating to the provision of one-member arrangements (‘OMAs’). Furthermore, IORP II requires Member States to ensure that competent authorities, such as the Pensions Authority, conduct their tasks in a transparent, independent and accountable manner.
I hope this clarifies the position.
368. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal has now been registered in the case of a person (details supplied) in respect of alleged overpayment; if their appeal will be expedited given the stress that this ongoing case is causing; and if she will make a statement on the matter. [44423/22]
View answerThe 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 am advised by the Social Welfare Appeals Office that the person concerned was receiving Carer's Allowance and had their payment suspended effective from 30 September 2021 on the basis that they had failed to supply information requested by the Department. On 14 March 2022, a Deciding Officer reviewed all the available information and decided that the person concerned was no longer entitled to Carer's Allowance as they had failed to show that they satisfied the conditions for Carer's Allowance and had failed to supply documentation that was requested from them. The person concerned was advised of their right of review and appeal. No request for a review or appeal was received by the Department or the Social Welfare Appeals Office at that stage.
On 27 July 2022, a Deciding Officer conducted another review of the decision and decided that the person concerned was not entitled to Carer's Allowance for the period 31 May 2012 to 29 September 2021.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned in relation to the Deciding Officer decision of 27 July 2022 has been registered in that office on the basis of correspondence from the Deputy. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
