Thursday, 6 Oct 2022

Written Answers Nos. 274-286

Social Welfare Eligibility

Questions (274)

Paul Murphy

Question:

274. Deputy Paul Murphy asked the Minister for Social Protection the reason in relation to a back-to-school allowance decision for a person (details supplied) it is stated things are means tested when the means test does not take into account all the means of the household incoming and outgoing; the way it can be that based means testing, carers benefit, domiciliary care and a medical card has been approved for this person and their family, yet this particular service is not available; and if she will introduce an appeals process for this allowance which takes outgoings into consideration. [49233/22]

Written answers

Minister for Social Protection

The Back to School Clothing and Footwear Allowance scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The scheme operates from June to September each year.

In order to qualify for Back to School Clothing and Footwear Allowance, an applicant must satisfy a number of qualifying conditions, one of which requires the applicant’s household income to be within the relevant income limits. Household expenditure is not taken into consideration when assessing an applicant’s household income.

The Back to School Clothing and Footwear Allowance is a non-statutory scheme not subject to the Social Welfare appeals process. Where an applicant is not satisfied with a decision in relation to a Back to School Clothing and Footwear Allowance application they may apply to have this decision reviewed. This review is carried out by an officer other than the original deciding officer.

A review of the determination that the person concerned was not eligible under the rules of the scheme was undertaken in August and has been reviewed again in October. The application for the allowance has not been awarded because the household income is in excess of the relevant income limit. Details of the income assessed has been sent to the person concerned.

Applications which fall outside the normal rules of the scheme may be considered for an Additional Needs Payment under the Supplementary Welfare Allowance scheme by the Community Welfare Service, where any exceptional expenditure or outgoings will be taken into consideration.

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 Service Contact Centre in place – 0818-607080 – which will direct callers to the appropriate office.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (275)

Brendan Griffin

Question:

275. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for partial capacity benefit by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [49234/22]

Written answers

Minister for Social Protection

Partial Capacity Benefit (PCB) is a social welfare scheme which allows a person to return to work or self-employment and continue to receive a payment from my department. A person must be in receipt of Illness Benefit (IB) for a minimum of six months or Invalidity Pension (IP) in order to apply for PCB.

My Department will determine whether the applicant is eligible and (if so) at what level the PCB would be paid depending on their capacity to work. Once that decision is made, the applicant must then subsequently confirm that they wish to proceed on that basis and confirm the date that their employment is commencing. A Deciding Officer will then put the relevant payment in place.

The person concerned re-applied for PCB on the 28 September 2022. On 04 October 2022 my department contacted them with details of their entitlement to PCB. My department will complete the processing of their PCB application once the person concerned confirms that they wish to proceed and indicates their start date of employment.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (276)

Marian Harkin

Question:

276. Deputy Marian Harkin asked the Minister for Social Protection if she will consider an extension to child benefit payments for parents who continue to have children in education after the age of 18 years; and if she will make a statement on the matter. [49255/22]

Written answers

Minister for Social Protection

Child Benefit is a monthly payment made to families with children in respect of all qualified children up to the age of 16 years. The payment continues to be paid in respect of children until their 18th birthday who are in full-time education, or who have a disability. Child Benefit is currently paid to over 631,000 families in respect of almost 1.2 million children with an estimated expenditure of more than €2.1 billion in 2022.

To assist families with the cost of living, in Budget 2023, I have provided for Child Benefit recipients to receive a double payment in November. This will benefit approximately 638,000 recipients in respect of approximately 1.2 million children. This measure will cost an estimated €170.4 million.

There are currently no plans to extend Child Benefit in respect of full-time students in second level education who are over 18 years of age. Such an extension would have significant cost implications.

Families on low incomes may be able to avail of a number of social welfare schemes that support children in full-time education until the age of 22, including:

- Increase for a Qualified Child (IQCs) with primary social welfare payments;

- the Working Family Payment for low-paid employees with children; and

- the Back to School Clothing and Footwear Allowance.

I am pleased that Budget 2023 includes a Social Welfare package of over €2.1 billion. Budget 2023 provides for a €40 weekly increase in the Working Family Payment income limits for families of all sizes from January at a cost of approximately €16.8 million in 2023. I have also provided for a €500 lump sum payment to all families in receipt of the payment in November 2022 at an estimated cost of €23 million.

I also provided for the weekly rates of the Increase for a Qualified Child to increase by €2 to €42 per week in the case of children under age 12 and by €2 to €50 per week in the case of children aged 12 or over. These increase will take effect from January at an estimated cost of €30.4 million in 2023.

These schemes provide targeted assistance that is directly linked to household income and thereby support low-income families with older children participating in full-time education.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (277)

Seán Sherlock

Question:

277. Deputy Sean Sherlock asked the Minister for Social Protection if she will expedite the outstanding payment for jobseeker’s benefit for a person (details supplied).; and if she will make a statement on the matter. [49280/22]

Written answers

Minister for Social Protection

The person concerned submitted their application on the 20th of September 2022.

On the 29th of September the Deciding Officer requested further information be submitted. The information requested was in relation to their partner's self-employment and a declaration relating to their own casual, part time or short time work, This information was asked to be returned before the 14th of October.

Once this information has been received, the Deciding Officer will be in a position to progress the claim.

Social Welfare Offices

Questions (278)

Kieran O'Donnell

Question:

278. Deputy Kieran O'Donnell asked the Minister for Social Protection if there is a service that will signpost people to their entitlements under social welfare, particularly for vulnerable groups such as older people. [49302/22]

Written answers

Minister for Social Protection

My Department is fully committed to ensuring that members of the general public are fully aware of the welfare supports and to ensure key changes are communicated to them.

The Department offers a range of services for vulnerable groups, including supporting people as they get older. We use a range of channels to make sure that information on these services reaches all of these groups. These include:

Public information campaigns

Campaigns span national and regional print media and radio, digital, social media and outdoor advertising.

Customer Service Channels and Customer Engagement

My Department provides face to face engagement and information on entitlements at its network of Intreo centres and branch offices.

In 2021, our staff answered a total of 7.2 million telephone enquires providing information and advice to members of the public.

For example, to date this year, 261,264 calls have been answered in relation to Pensions and Household benefit queries.

The department attends several public events throughout the year including the “SeniorTimes Live!” event and the National Ploughing Championship.

Publications

Our Your Guide publications include one entitled "Retired and Older People” and this provides information on social welfare supports for older people. This is available online and in hard copy in Intreo centres.

Website www.gov.ie/welfare

The department’s website provides information on all the department’s schemes and services in an accessible format.

Our gov.ie content had 15.26 million page views in 2021.

Stakeholder Engagement

Both I and officials from my Department engage regularly with stakeholders, including groups which represent older and vulnerable groups. Examples include:

- Customer Representative Forum - which meets quarterly.

- Post Budget briefing to update groups on the key measures announced as part of the social welfare package.

- The Annual Carers' Forum.

Irish Sign Language interpretation

- We provide an Irish Sign Language (ISL) Interpretation service to any customer who may request or need this service..

- Intreo centres are equipped for using Irish Remote Interpreting Service (IRIS). IRIS provides a live video-link to an Irish Sign Language interpreter.

- Remote ISL interpretation service is available which can be used when deaf customers interact by means of a virtual interview.

Citizens Information Board

My Department funds the Citizens Information Board (CIB), which is a statutory agency tasked with providing independent, impartial, confidential, and non-judgemental information, advice, money advice and advocacy in ways that are accessible to all, including older and vulnerable groups

CIB provides information in local Citizens Information Centres and through the Citizens Information website as well as periodicals and publications.

CIB have a designated area on their website citizensinformation.ie for older people and for vulnerable people with disabilities and long-term illnesses.

The Money Advice and Budgeting Service (MABS), also funded by CIB, assisted almost 13,350 new clients in 2021 and over 23,500 clients contacted the MABS Helpline. National Traveller MABS, which is funded by CIB, works to reduce poverty, discrimination, and the financial exclusion of Travellers in Ireland.

Social Welfare Eligibility

Questions (279)

Michael Creed

Question:

279. Deputy Michael Creed asked the Minister for Social Protection if her Department will review a decision on a disallowing a disability allowance claim by a person (details supplied) on the basis that the rental income from the second property rather than the capital value of the property would qualify the applicant for a disability allowance payment; and if she will make a statement on the matter. [49305/22]

Written answers

Minister for Social Protection

As part of a means review into his continued entitlement to disability allowance (DA), the person concerned was notified on 9 December 2021, that their entitlement to DA will cease effective from 14 December 2021. Based on the information provided by this person, his current means are in excess of the statutory limit for DA under section 210 and 302(b) of the 2005 Social Welfare Consolidation Act.

For the purposes of Disability Allowance, means are calculated in accordance with Part 2 of the Schedule 3 of the Social Welfare Consolidation Act 2005 as amended.

The weekly value of capital (savings, investments, shares, trust funds, property not personally used or enjoyed, etc.) is assessed using the following formula for DA:

Formula	Weekly Means
First €50,000	Nil
Next €10,000	€1 per €1,000
Next €10,000	€2 per €1,000
Excess of €70,000	€4 per €1,000

Property covered by the capital investment rule includes second houses and/or any other buildings or land owned but not personally used or enjoyed as the principal residence or farming business.

When deciding on entitlement of DA, a deciding officer has no discretion regarding the application of this legislation.

An appeal was lodged with the independent social welfare appeals office (SWAO).

On 19 April 2022 the SWAO notified the Department that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the independent SWAO regarding their appeal.

An Appeal Officer’s decision is final and conclusive in the absence of any fresh facts or evidence.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Questions (280)

Éamon Ó Cuív

Question:

280. Deputy Éamon Ó Cuív asked the Minister for Social Protection if she intends changing the means testing rules in relation to assessing the increase for a dependent adult of a contributory State pensioner; and if she will make a statement on the matter. [49315/22]

Written answers

Minister for Social Protection

Recipients of the State Pension (Contributory) can claim an increase in their pension in respect of a Qualified Adult, subject to a means assessment. A Qualified Adult is the spouse, civil partner or cohabitant of the pensioner who is being wholly or mainly maintained by that pensioner.The means assessment reflects the fact that there is an expectation that people with reasonable amounts of income or capital are in a position to use these resources to support themselves, so that expenditure can be directed towards those who need it most. Entitlement to the State Pension (Contributory) is based on a person's social insurance record and the personal rate of payment is not subject to a means test. Only the spouse or partner of the claimant is means tested. An increase is payable at the maximum rate of payment where the means of the spouse or partner are €100 a week or less, while reduced rates are payable where the means are over €100 and less than €310 per week. No increase is payable where the means of the spouse or partner are in excess of €310 per week.The means assessed include income from employment or self-employment, non-social welfare pensions, and the capital value of savings, investments and property other than the family home. It should be noted that the value of the family home, regardless of who is the legal owner, is never taken into account in this assessment.

When calculating the weekly means from savings or other capital, an assessment formula is used. The first €20,000 of capital is fully disregarded; the next €10,000 assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand. Where savings, property or other assets are held jointly, the spouse or partner's means is taken to be half of the total amount. The means testing arrangements are based on the actual means of the spouse or partner at any given time and allow pensioner couples to jointly hold significant amounts of savings or capital and retain their entitlement to an Increase for a Qualified Adult.

Currently a couple can jointly hold savings of up to €115,000 and still retain their entitlement to a full rate Increase for a Qualified Adult, while tapered rates continue to be payable to couples with up to €220,000 of savings or capital. This excludes the property in which they live.

The rate for a Qualified Adults (aged over 66) on the State Pension (Contributory) will be €237.80 per week in 2023, which is almost 90% of the full personal rate. Any proposals to change the means assessment formula for an Increase for a Qualified Adult on the State Pension (Contributory) would have to be considered in an overall budgetary and policy context.

Citizens Information Services

Questions (281)

Éamon Ó Cuív

Question:

281. Deputy Éamon Ó Cuív asked the Minister for Social Protection the changes that she has made to the availability of the Citizens Advice Service nationally since she came into office; the reason for these changes; and if she will make a statement on the matter. [49317/22]

Written answers

Minister for Social Protection

The Citizens Information Board (CIB) is a statutory agency tasked with providing information, advocacy and advice to citizens. These important services are delivered by eight independent regional Citizen Information Service (CIS) companies. CIB provides funding to eight CIS companies that operate a national network of Citizens Information Centres.

It is important to note the independent nature of CIB, which operates under the Comhairle Act 2000 (as amended) overseen by its own Board. Similarly, each CIS company is an independent limited company governed by a voluntary board of directors. These eight CIS companies make decisions independently on the delivery of services in their own regions.

Any operational changes or decisions would be a matter for the Board of CIB and the CIS companies. As Minister, I cannot direct them to undertake any actions.

My department has provided funding of €60.258m to CIB in 2022 in order that it can fulfil its statutory functions. The priority for the Board of CIB is that the service provided to the public is of the highest quality, whether provided in-person, online or by phone.

I understand that there are currently 89 Citizens Information centres open to offer information, advice and advocacy to the public. There are also 60 MABS offices open to provide assistance to those experiencing financial difficulty. The Citizens Information Phone Service and the MABS Helpline is open Monday to Friday 9am to 8pm. CIB’s website is also available and provides comprehensive information on a wide range of supports and entitlements.

I trust this clarifies matters for the Deputy.

Rural Schemes

Questions (282)

Éamon Ó Cuív

Question:

282. Deputy Éamon Ó Cuív asked the Minister for Social Protection the reason that supervisors on the rural social scheme cannot continue in employment until they are 70 years of age, as is the case in other employment; if she intends on changing this rule; and if she will make a statement on the matter. [49324/22]

Written answers

Minister of State at the Department of Social Protection (Deputy Joe O'Brien)

The Rural Social Scheme (RSS) is an income support initiative that provides part-time employment opportunities in the community and voluntary organisations for farmers or fisherman and woman who are in receipt of certain social welfare payments and who are underemployed in their primary occupation. The RSS is funded by the Department of Social Protection and delivered by a network of local development companies and Údarás na Gaeltachta known as Implementing Bodies (IBs).

While the Department of Social Protection provides funding for the RSS schemes, in addition to funding for participant and supervisor wages, the supervisors on these schemes are employed by the IBs. It is important to note that each IB is an independent employer in their own right.

Funding is provided by the Department for the employment of RSS supervisors up to the age of 66. The State Pension (Contributory or Non-Contributory) may be paid from the date on which a person reaches 66 years of age. As you will appreciate, if my Department were to continue to fund RSS supervisors that have reached the state pension age, it would impact on the opportunities for those people who are still of working age including those who may be unemployed at present. Accordingly, it is not currently intended to extend funding for RSS supervisors beyond the state retirement age which is currently set at age 66.

I wish to acknowledge the valuable and dedicated service that RSS Supervisors provide in running schemes throughout the country. RSS supervisors, as employees of the Implementing Bodies, are an integral part of that good work.

I trust this clarifies matters for the Deputy.

State Pensions

Questions (283)

Claire Kerrane

Question:

283. Deputy Claire Kerrane asked the Minister for Social Protection the date until which persons must be in receipt of invalidity pension in order to qualify for the one-off payment; if persons who reach the age of 66 years and are transferred to a State pension in November still qualify for the one-off payment; and if she will make a statement on the matter. [49337/22]

Written answers

Minister for Social Protection

The specific details of when the cost of Living double payment and the lump-sum Disability Support Grant of €500 will be paid to, amongst others, persons in receipt of Invalidity Pension are being finalised, together with details of other payments provided for in the recent Budget and will be announced early next week.

I trust this clarifies the matter for the Deputy.

Community Employment Schemes

Questions (284)

Jennifer Murnane O'Connor

Question:

284. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if there are any plans to increase payments to community employment scheme participants to take up work on a scheme and combat recruitment shortages, further to the Budget 2023 increase of €5; and if she will make a statement on the matter. [49348/22]

Written answers

Minister of State at the Department of Social Protection (Deputy Joe O'Brien)

Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis. Participation on the scheme is part time - 19.5 hours per week.

Currently payment rates on CE are related to the underlying value of certain social protection payments plus €22.50 per week. In addition, a participant may be eligible for payments in respect of any qualified dependent adult and children.

If a CE participant's underlying payment (including dependents) is €208 a week or less, they receive the minimum CE weekly rate of €230.50, that is €208 plus the top up of €22.50. If a participant's underlying payment (including dependents) is €208 or more, then they receive the same rate as their social welfare payment plus €22.50.

CE participants can retain their medical card and can also retain any additional benefits they were entitled to on their underlying scheme prior to joining CE, for example Fuel Allowance, provided they continue to satisfy the qualifying conditions for those benefits.

CE participants can also work outside of the 19.5 hours that they participant on CE. The income from this employment does not affect their CE payment rate.

Under Budget 2023, CE participants will receive an increase in weekly payments arising from the increase in core social welfare payments of €12 per week, in addition to the increase in the weekly CE allowance of €5. Additionally, there will be proportional increases for qualified adults and people on reduced rates of payment. The weekly payments for qualified child dependents will increased by €2 to €50 for children aged 12 or over and €40 for children aged up to 12. These increases, will also benefit eligible CE participants.

In order to combat issues with recruitment and scheme vacancies, along with assisting schemes to maintain services in the current tight labour market, Minister Humphreys and I introduced a number of reforms to CE in January of this year and again in June. These reforms include allowing those over 60 years to remain on CE until pension age, applying a consistent 7-year gap between the current year and the baseline year, increased referral activity to CE, new flexibility afforded to CE schemes in respect of recruitment and allowing schemes to extend individual placements and retain existing participants in cases where no replacement is available.

I am fully committed to the future of this programme and will continue to support and improve the programme for the benefit of the CE participants, and the valuable contribution being made to local communities through the provision of services.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (285)

Jennifer Murnane O'Connor

Question:

285. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if there are any plans to acknowledge foster children as dependants to qualify carers for the one-parent family payment; and if she will make a statement on the matter. [49349/22]

Written answers

Minister for Social Protection

In order to be eligible for the One Parent Family Payment (OFP) an applicant must be a qualified parent, as outlined in Section 172 of the Social Welfare Consolidation Act 2005 (as amended) of at least one child under the age of 7, who is ordinarily resident in the State. Similarly, to qualify for for the Jobseekers Transitional (JST) scheme a person must be a qualified parent of at least one child aged between 7 and 13 years (inclusive). This is set out in Section 148A 2(a) of the Social Welfare Consolidation Act 2005 (as amended). Additional scheme conditions such as a means test, and absence of cohabitation also apply to both schemes.

A qualified parent for the purposes of the OFP and JST schemes includes:

a. a widow,

b. a widower,

c. a separated spouse,

d. an unmarried person,

e. a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months, or

f. a surviving civil partner,

g. a civil partner who is not living with the other civil partner of the civil partnership, or

h. a person who is not a party to a civil partnership

who is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child, who normally resides with that person.

Therefore, to be a qualified parent the applicant must legally be defined as either the parent or legal guardian of the relevant child. A foster carer is not the parent or legal guardian of the foster child, as required by the governing legislation for OFP and JST. Therefore, for the purposes of the OFP and JST schemes the foster parent is not a qualified parent and cannot qualify for OFP or JST with the foster child as the relevant child.

The provision of fostering services is a matter for Tusla (the Child and Family Agency). This includes any supports, including financial, that are required by either the foster carers or the foster child. Tusla provides a Foster Care Allowance in respect of each child in foster care. The payment is made to provide for the needs of the child. The weekly Foster Care Allowance is currently €325 per child under 12, and €352 for children aged 12 and over. Foster Care Allowances from Tusla are not taken into account in the means test for social welfare payments and are not taxable.

My Department has a number of income support payments for which foster carers might qualify

- Where a child has been placed in foster care by Tusla and the child has been in the continuous care of the foster carer(s) for 6 months, Child Benefit may then transfer to the foster carer(s).

- A foster carer who is in receipt of a primary social welfare payment, such as Jobseeker’s Allowance can receive an Increase for a Qualified Child (IQC) in respect of a foster child, as long as no other person is in receipt of an

- QC in respect of the same child.

- If a foster carer moved off Jobseeker's Allowance and had been in receipt of an IQC for their foster child they would be entitled to the Back To Work Family Dividend on the same basis as others.

- The Working Family Payment is paid to low-income families according to the number of children in the family. A foster carer with only foster children can qualify for the Working Family Payment, subject to meeting all of the other qualifying conditions.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (286)

Mairéad Farrell

Question:

286. Deputy Mairéad Farrell asked the Minister for Social Protection her plans, if any, to allow increased mortgage repayments, due to higher interest rates, to be factored into the means test in relation to carer’s allowance; and if she will make a statement on the matter. [49361/22]

Written answers

Minister for Social Protection

The system of social assistance supports provides payments based on an income need. The means test plays a critical role in determining whether or not an income need arises as a consequence of a particular contingency – such as disability, unemployment or caring. This ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

By its nature, the means test takes account of the income a person or couple has in terms of cash, property - other than the family home - and capital. It does not take account of a person’s expenditure.

In Budget 2022, I announced significant improvements to the means test for Carer's Allowance, in recognition of the vital role that carers play in society.

From June 2022, the general weekly income disregard for Carer's Allowance increased from €332.50 to €350 for a single person, and from €665 to €750 for a couple. This will enable more carers with modest incomes to become eligible for the scheme, and those currently in receipt of a reduced payment may now receive a higher payment.

The capital disregard was also increased in June from €20,000 to €50,000 for Carer’s Allowance. This will allow carers who have accumulated savings, often to provide care for a loved one, to retain an entitlement to Carer's Allowance.

Last week, as part of Budget 2023, I was pleased to announce a €12 increase in weekly payments from next January. This includes Carer's Allowance. I am also increasing the Qualified Child rate by €2 per week, and the Domiciliary Care Allowance will increase to €330 per month. Carers will also receive a once-off payment of €500 in November which will help families to meet household costs.

Introducing a rent or mortgage disregard for Carer's Allowance would have significant budgetary implications and would give rise to inconsistencies in how means tests are applied across schemes. It would also significantly increase the complexity of the means assessment. Any changes in this regard would have to be considered in the overall policy context.

I trust this clarifies the matter for the Deputy.