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Thursday, 13 Oct 2022

Written Answers Nos. 278-297

Departmental Data

Questions (278)

Thomas Pringle

Question:

278. Deputy Thomas Pringle asked the Minister for Social Protection the rate of income inequality in Ireland both before and after transfers in each of the years 2012 to 2021 and to date in 2022; and if she will make a statement on the matter. [51002/22]

View answer

Written answers

The Gini coefficient is a standard measure of income inequality, where a smaller number represents greater income equality. The relevant income data is collected as part of the Survey of Income and Living Conditions (EU-SILC) and can be used to measure income inequality in Ireland both before and after social transfers.

The table below uses data from Eurostat, which sets out the Gini coefficient rate for Ireland both before social transfers (pensions are excluded from social transfers under this measure) and after social transfers, for the years 2012 to 2021. Due to a break in time series, data pre and post 2020 is not directly comparable.

Year

Gini Coefficient rate before social transfers

Gini Coefficient rate after social transfers

2012

46.1%

30.4%

2013

46.5%

30.7%

2014

45.5%

31.0%

2015

42.7%

29.7%

2016

41.7%

29.6%

2017

41.6%

30.6%

2018

39.3%

28.9%

2019

38.9%

28.3%

2020^

37.9%

28.3%

2021

38.3%

26.9%

Source: EU SILC Data 2012-2021 (ilc_di12) and (ilc_di12c)

The Eurostat data shows that income inequality in Ireland has improved from 28.3% in 2020 to 26.9% in 2021. Without social transfers the Gini coefficient would have been 38.3% in 2021, showing the positive impact that social welfare and tax measures play in reducing income inequality in Ireland.

On an EU wide basis, Ireland is one of the best performing member states in terms of reducing income inequality through social transfers.

Departmental Schemes

Questions (279)

Cathal Berry

Question:

279. Deputy Cathal Berry asked the Minister for Social Protection if she will provide an update on the auto-enrolment retirement savings system; the way that it will be funded; and if she will make a statement on the matter. [50990/22]

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Written answers

In March I announced that Government approval had been given to the final design principles for the auto-enrolment (AE) retirement savings system. A detailed explanatory paper on the new system has been published on www.gov.ie.

Under the design approved by Government AE savings will be contributed by employees with a matching contribution from their employer and a 33% contribution by the State. While contributions will start at a low level of 1.5% of salary, it is intended that ultimately, after ten years, the employee will pay 6%, the employer will pay a matching 6% and the State will 'top-up' contributions with a further 1%. This means that for every €3 contributed by the worker a further €4 will be added to their AE savings account.

The system is expected to become operational in early 2024 and will automatically enrol approximately 750,000 employees at the outset. Implementation of the AE system is now well underway, with a project team in the Department of Social Protection progressing a range of individual elements of a detailed project plan.

Most recently, the Government approved a General Scheme for an Automatic Enrolment Retirement Savings System Bill. Just last week, I wrote to the Joint Oireachtas Committee for Social Protection, Community and Rural Development and the Islands, in order for that Committee to commence pre-legislative scrutiny of the Heads of the Bill.

A core objective for the AE system is to provide quality assured investment services, and pension products at low cost to AE participants. To this end, a maximum permitted annual administration and investment management charge will be capped at up to 0.5% of assets under management. In establishing the Irish AE system, we will conduct open tendering processes in a highly competitive market. As a result, we fully expect the final charges in the Irish AE system to be less than the ceiling rate of 0.5%. Low unit operating costs shall also be achieved through economies of scale, which is one of the key reasons behind establishing the Central Processing Authority (CPA). By acting as a ‘bulk’ purchaser, the CPA will help to achieve these economies of scale, thereby benefitting the participants in the system.

I hope this clarifies matters for the Deputy.

Social Welfare Benefits

Questions (280)

Danny Healy-Rae

Question:

280. Deputy Danny Healy-Rae asked the Minister for Social Protection if the carer's allowance payment would be exempt from a means test if the medical needs of the patient and the level of care being provided are assessed that it should be sufficient. [51022/22]

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Written answers

The main income supports to carers provided by Department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending in 2022 is expected to amount to over €1.5 billion.

There are currently 91,911 people in receipt of Carer's Allowance. This represents an increase of 22% in the past 5 years.

The two principal conditions for receipt of Carer’s Allowance are that full time care and attention is required and being provided, and that the applied means test is satisfied. Carer’s Allowance is primarily aimed at carers on low incomes who look after certain people who need full-time care and attention.

Like other social assistance payments, the Carer’s Allowance means-test ensures that scarce resources are targeted at those with the greatest need.

Earlier this year, I introduced significant improvements to the means test for Carer's Allowance, in recognition of the vital role that carers play in society. These were the first changes to the means test in 14 years:

- The capital and savings disregard for the Carer’s Allowance means assessment was increased from €20,000 to €50,000, aligning it with that which applies for Disability Allowance.

- For carers who work, the weekly income disregard was increased from €332.50 to €350 for a single person, and from €665 to €750 for carers with a spouse/partner.

The changes outlined came into effect on 2 June and many carers who up to now did not qualify for a payment due to means will now be brought into the Carer's Allowance system for the first time.

The current Carer's Allowance disregards are the most generous income disregards in the social welfare system and mean that, in the case of a couple, earnings of up to €39,000 a year are disregarded.

In addition to Carer's Allowance, my department provides non-means tested payment to carers in the form of Carer;s Benefit. Furthermore, the Carer's Support Grant - which I have increased to its highest-ever rate of €1,850 - is available to carers who are not on a social welfare payment. For those providing ongoing care and attention for a child aged under 16 with a severe disability, Domiciliary Care Allowance is available and is not means-tested.

I trust this clarifies the matter for the Deputy.

Departmental Funding

Questions (281)

Thomas Gould

Question:

281. Deputy Thomas Gould asked the Minister for Social Protection if he has increased resourcing to MABS in view of the increase in financial insecurity within homes. [46260/22]

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Written answers

The Citizens Information Board (CIB) is the statutory body responsible for supporting the provision of information, advice (including money and budgeting advice) and advocacy services on a wide range of public and social services. CIB delivers on this remit through its provision of services directly to the public and through a network of service delivery companies.

The Money Advice and Budgeting Service (MABS), funded by the CIB, is the State’s money advice service and provides assistance to people, in particular those on low income or dependent on social welfare supports, who are over-indebted. As part of its free services, MABS also provides support to those in mortgage arrears and is an administrator of Abhaile - the national State funded Mortgage Arrears Resolution Service.

MABS comprises eight regional companies and each company has the flexibility to allocate resources appropriately in response to emerging customer needs. In addition, clients in a region have access to all MABS services of the region and can contact any money advisor in that region about their case by phone, email, online chat or video conferencing.

The latest MABS data, Quarter 2 2022, shows that while there is an increase in the number of persons (4,154 New Clients) using the Money Advice and Budgeting Service compared to Quarter 2 2021 (3,588 New Clients), the service has not reached the Pre-Covid 2019 Service levels (Quarter 2 2019 4,752).

My Department has allocated €23.54m to MABS for 2022. MABS will continue to be supported and developed through the Citizens Information Board, who are closely monitoring the service and any increase in demands.

Judicial Reviews

Questions (282)

Catherine Murphy

Question:

282. Deputy Catherine Murphy asked the Minister for Social Protection the number of judicial reviews taken against her Department in the past ten years to date in 2022, in tabular form; if she will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by her Department as a result of judicial reviews over that time period. [50764/22]

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Written answers

The table below outlines the approximate number of cases where the Department have been named as a party in Judicial Review proceedings and files have been closed. As per Dáil Standing Order 69, it would be inappropriate to comment further on matters which are sub judice.

Year

Where the Department or one of its Offices was named in Judicial Review proceedings - number of cases closed

2011

1

2012

2

2013

4

2014

3

2015

0 (zero)

2016

0 (zero)

2017

0 (zero)

2018

3

2019

2

2020

2

2021

1

2022

0 completed

The total cost directly to the Department of these Judicial Review proceedings from 2011 to date is €206,760.

Social Welfare Benefits

Questions (283)

Brendan Griffin

Question:

283. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [50780/22]

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Written answers

The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.

One of the conditions for receipt of fuel allowance is that a person must satisfy a means test. The fuel allowance means test is linked to the maximum rate of State pension (contributory). An individual can have a weekly income of €120.00 above the maximum rate for State pension (contributory) plus any increases for age, living alone and dependants and still be eligible for the fuel allowance.

On 25 January 2021, the person concerned applied for fuel allowance. Following a means assessment, it was determined that the household means were €1,393.73 which exceeded the permissible weekly means of €570.80 for the household. The application was disallowed, and the person concerned was notified in writing on 14 April 2021.

As the Deputy is aware, I announced an increase in the fuel means threshold for those aged under 70 from €120.00 to €200.00 from January 2023. As the household means of €1393.73 exceeds the new permissible means of €703.10 for the household, the person concerned will not qualify for fuel allowance from January 2023. However, if there has been a change in their circumstances, it is open to them to re-apply for the fuel allowance.

Officials in my department are currently managing large volumes of applications for fuel allowance. If the person concerned has recently submitted a new application for fuel allowance, a decision will be made and they will be notified of the outcome.

Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (284)

Brendan Griffin

Question:

284. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [50782/22]

View answer

Written answers

I can confirm that my department received an application for fuel allowance from this person on 29 September 2022.

Fuel allowance is a means tested payment, payable to people who either live alone or only with certain other qualified people.

Based on the information provided to the Department, the person concerned does not qualify for this allowance as their household includes people who are not in a qualifying category. The person concerned was notified in writing of this decision on 10 October 2022.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (285)

Kathleen Funchion

Question:

285. Deputy Kathleen Funchion asked the Minister for Social Protection the reason that the disability allowance is means tested for couples who are not married; and if she will make a statement on the matter. [50783/22]

View answer

Written answers

Social welfare legislation provides that, for social assistance schemes such as Disability Allowance, all income and capital (such as savings, investments and property other than the family home) belonging to the claimant and his or her spouse/partner, where applicable, are assessable for means assessment purposes.

This approach reflects the policy of ensuring that those with the least amount of income or capital receive the maximum available support from the State, while those with larger amounts of income, savings or property contribute, partially or fully, towards meeting their needs.

If a claimant is married, in a civil partnership or cohabiting, the means of the couple will be assessed. This is the case even if only one of the couple is actually claiming a payment.

The social welfare system has evolved over time and in response to a variety of factors, including Constitutional imperatives as interpreted by the Courts, changing social trends and EU Directives.

The EEC Equality Directive 79/9 and a subsequent Supreme Court case led to the current treatment of non-married cohabiting couples in the social welfare code. The Court ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting. This means that for social assistance means tested schemes, married couples, civil partners and cohabiting couples are all treated in the same manner.

I trust this clarifies the matter for the Deputy.

Energy Policy

Questions (286)

Bríd Smith

Question:

286. Deputy Bríd Smith asked the Minister for Social Protection the date that the social welfare double payment will be distributed; when the €500 payment for persons with a disability will be made; when the first €200 electricity credit will be applied to bill payers' accounts; and if she will make a statement on the matter. [50804/22]

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Written answers

As part of the lump sum measures announced in Budget 2023, the scheduled date for the Autumn double payment is the week commencing 17 October 2022. The €500 once off disability support grant payment to people receiving Disability Allowance, Blind Pension and Invalidity Pension is scheduled for the week commencing 14 November 2022.

The electricity credit falls under the remit of the Department of the Environment, Climate and Communications.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (287)

Paul Kehoe

Question:

287. Deputy Paul Kehoe asked the Minister for Social Protection the time period that will be put in place for a decision in relation to the deprivation of savings to be reconsidered in the case of a person (details supplied); and if she will make a statement on the matter. [50805/22]

View answer

Written answers

State pension non-contributory is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.

An application for state pension (non-contributory) from the person concerned was awarded at reduced rate from 25 February 2022, taking into account deprivation of capital for pension entitlement purposes. The person's appeal against this decision was disallowed on 19 September 2022.

The legislation relating to the assessment of means from income and capital self-deprived of, directly or indirectly, for the purposes of qualifying for a state pension non-contributory, or a higher rate of pension, does not provide for a specific time limit in this assessment.

Should the circumstances of the person concerned change in the future, it is open to the person to seek a review of their state pension (non-contributory) claim. I hope this clarifies the matter for the Deputy.

Pension Provisions

Questions (288)

Michael Healy-Rae

Question:

288. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason that persons who are fostering children are not entitled to accumulate credits to go towards their pension (details supplied); and if she will make a statement on the matter. [50825/22]

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Written answers

Matters related to foster caring are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth and Tusla.

More widely, this Government acknowledges the important role that carers play and is fully committed to supporting them in that role. Accordingly, the current State Pension (Contributory) system provides for a range of measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate. Foster carers are entitled to the benefits of the Homemaker’s Scheme or HomeCaring Periods, on the same basis as other carers, and will qualify if the carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, s/he can still qualify for Homemaker’s Scheme or HomeCaring Periods provided the caring periods are confirmed by Tusla.

The Pensions Commission was established in November 2020 to examine sustainability and eligibility issues in respect of the State Pension and the Social Insurance Fund, in fulfilment of a Programme for Government commitment. The terms of reference included consideration of how people who have provided long-term care for incapacitated dependants can be accommodated within the State Pension system. The Commission’s Report was published on 7th October 2021 and it set out a wide-range of recommendations, including enhanced pension provision for long-term carers.

I announced a series of landmark reforms to the State Pension system on 20th September 2022. The measures, which were approved by Cabinet, are in response to the recommendations from the Pensions Commission. The set of measures represent the biggest ever structural reform of the Irish State Pension system. One of the reforms agreed by Government is enhanced State Pension provision for long-term carers of incapacitated dependents (who have been caring in excess of 20 years), as recommended by the Pensions Commission, and to be introduced from January 2024. This will be implemented through:

- A scheme to ensure that long-term carers can be attributed with contributions for gaps in their contribution record arising from their time spent caring; and

- The establishment of a ‘Family Carer Register'.

My officials are working to implement the reforms, including the drafting of legislation and development of administrative and IT systems as necessary. As part of the work to implement the new scheme, relevant Government Departments, and other stakeholders, will examine options for the creation of a statutory ‘Family Carer Register’ to help identify long-term carers.

I hope this clarifies the matter for the Deputy.

Departmental Data

Questions (289)

Matt Carthy

Question:

289. Deputy Matt Carthy asked the Minister for Social Protection the number of applications received to date in each county for essential needs payments in respect of new home kits; the number of applications that were successful and the average processing times per application per county in tabular form; and if she will make a statement on the matter. [50827/22]

View answer

Written answers

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 schemes are 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.

Where a tenant cannot furnish their property from within their own resources, they can apply for an additional needs payment to assist them. The level of furnishings and appliances required will depend on an assessment of size and nature of the proposed property, the expected level of occupancy and items already available to the customer. Every case is based on the individual circumstances/needs of the household.

In the region of 63% of all additional needs payments applications are being finalised within 4 weeks. This reflects the need to verify household income and expenditure and assess whether or not the expenditure in respect of which the ANP is requested is essential. Where an application is not finalised within this timeframe, this is generally due to additional information or documentation being requested from the person to support their application. Where an application is complete and accompanied by the required documentation, it is generally processed in a matter of days. In addition, where my officials are aware of a client with an urgent or immediate need, every effort is made to ensure that the person customer in question receives a prompt service, usually on the same day.

Data is not available on the processing times of applications for new home kits outs by county.

Table 1 shows the number of additional needs payment applications received and awarded for new home kits outs by county from January 2022 to end of September 2022. The claim figures represent a snapshot of claim activity and are subject to change.

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

I trust this clarifies the matter for the Deputy.

Table 1- number of additional needs payment applications received and awarded with value for new home kits by county from January 2022 to end of September 2022.

County

Registered

of which Awarded

Carlow

208

158

Cavan

171

145

Clare

265

234

Cork

781

646

Donegal

158

139

Dublin

2,978

2,097

Galway

374

250

Kerry

275

202

Kildare

561

383

Kilkenny

175

127

Laois

196

154

Leitrim

69

58

Limerick

285

212

Longford

141

130

Louth

559

389

Mayo

113

86

Meath

412

333

Monaghan

111

81

Offaly

139

118

Roscommon

74

50

Sligo

75

51

Tipperary

275

236

Waterford

327

244

Westmeath

161

144

Wexford

260

209

Wicklow

560

453

Grand Total

9,703

7,329

Social Welfare Benefits

Questions (290)

Paul Kehoe

Question:

290. Deputy Paul Kehoe asked the Minister for Social Protection further to Parliamentary Question No. 247 of 15 September 2022, the reason that the recent fuel allowance claim for a person (details supplied) was refused; the circumstances under which they may still qualify; and if she will make a statement on the matter. [50849/22]

View answer

Written answers

The purpose of the Fuel Allowance payment is to assist households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.

If a participant on a Community Employment (CE) scheme was in receipt of Fuel Allowance prior to going on the scheme, they can continue to receive the Fuel Allowance payment while participating on the scheme once they continue to satisfy the qualifying conditions. As previously advised to the Deputy, changes that took effect in the current fuel allowance season mean that any CE participant who had been on the Live Register for 312 days prior to joining their scheme can now apply for the allowance. As a result, a claim form issued to the person concerned and his subsequent application has now been processed in the Department.

I am pleased to inform the Deputy that Fuel allowance has been granted in this case and will be paid to the participant by the sponsor in the next wages payment on 20/10/2022.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (291)

Seán Sherlock

Question:

291. Deputy Sean Sherlock asked the Minister for Social Protection her views on a matter (details supplied). [50851/22]

View answer

Written answers

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. Ongoing eligibility for this pension is conditional on a claimant continuing to habitually reside in the state and continuing to satisfy the applicable means test.

One of the persons concerned is in receipt of state pension non-contributory, the other is in receipt of invalidity pension. A continuing eligibility review was initiated on 6 September 2022 in respect of the state pension (non-contributory) recipient and the case was assigned to a Social Welfare Inspector to investigate if they were permanently residing at their stated address.

The Inspector returned the case to the Deciding Officer on 12 September 2022, stating they were unable to contact the customer and therefore unable to confirm their residency situation. The Inspector's observation was that the property at the stated address appeared uninhabited. The Inspector also tried to contact the person at the number provided and was informed by the respondent that they were not the person concerned.

Based on the Inspector's report, the Deciding Officer suspended the state pension non-contributory payment and notified invalidity pension section of the Inspector’s findings, which resulted in the suspension of that payment also. This is standard procedure in such circumstances.

Where a person is experiencing financial hardship, the Community Welfare Service can facilitate urgent and in-person meetings, during business hours at over 50 Intreo Centres countrywide, including Cobh. Outside of business hours, Community Welfare Service can also facilitate an appointment within a reasonably short period, in response to a request at a mutually agreed location or the person's home. In addition, any person who needs to access the Community Welfare Service can call the recently established National CWS freephone number at 0818 60 70 80.

The Department understands that one of the persons concerned visited the Cobh Intreo Centre on two separate occasions and was informed and offered a Supplementary Welfare Allowance application form, which they declined.

The person concerned sent an email to state pension non-contributory section on 6 October 2022, attaching documentation indicating that they, and their partner, were residing at the stated address. On foot of this, the Department has reactivated both payments, which are available for collection at the persons' nominated Post Office this week, together with due arrears.

The Social Welfare Inspector has been requested to interview the persons concerned regarding their residency situation and will be in contact with them over in the coming days in this regard.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (292)

Paul Kehoe

Question:

292. Deputy Paul Kehoe asked the Minister for Social Protection if there are circumstances whereby a person can claim a second period of carer’s benefit for a child previously claimed for; and if she will make a statement on the matter. [50852/22]

View answer

Written answers

My department provides a comprehensive package of carers’ income supports including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Combined spending on these payments to carers in 2022 is estimated to exceed €1.5 billion.

A primary qualifying condition for the Carer’s Allowance and Carer’s Benefit payments is that the applicant provides full-time care and attention to a person in need of such a level of care. The person being cared for must be so incapacitated as to require full-time care and attention and be likely to require this full-time care and attention for at least 12 months.

The Carer's Benefit payment is an entitlement based on social insurance contributions. Carer’s Benefit is a payment made to insured people who may be required to leave the workforce or reduce their working hours to care for a person(s) in need of full-time care.

For a first claim the Carer must have:

- 156 PRSI contributions paid since entry into insurance, and

- 39 contributions paid in the relevant tax year or

- 39 contributions paid in the 12-month period before the start of Carer's Benefit or

- 26 contributions paid in the relevant tax year and 26 contributions paid in the year before that.

The relevant tax year is the second last complete tax year before the year in which the claim for Carer’s Benefit is made. So, for claims made in 2022, the relevant tax year is 2020.

Only contributions at Class A, B, C, D, H and E are counted towards Carer's Benefit. Class S (self-employed contributions) do not count.

It is payable in a single period or in separate periods for up to 2 years (104 weeks) in respect of each care recipient. In circumstances where a person claims Carer’s Benefit for less than six weeks in a row in any period, they must wait for a further six weeks before they can claim Carer’s Benefit to care for the same person again. In circumstances where the Carer's Benefit entitlement exhausts, after the maximum 104 weeks of payment in respect of the same caree, the carer can apply for the means-tested Carer's Allowance payment.

It should be noted that not all those claiming Carer’s Benefit opt to remain in payment for the full 104 weeks. The Department examined this matter in and found that the average duration on Carer’s Benefit was 76.5 weeks between 2018 and 2020.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (293)

John McGuinness

Question:

293. Deputy John McGuinness asked the Minister for Social Protection if domiciliary care allowance will be approved immediately in the case of a child (details supplied) based on the medical reports and the diary information submitted. [50980/22]

View answer

Written answers

Domiciliary Care Allowance (DCA) is a monthly payment in respect of a child aged under 16 with a severe disability who requires continual or continuous care and attention substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care and attention for at least 12 consecutive months. Eligibility for DCA is determined primarily by reference to the level of ongoing care and attention required by the child rather than the child's disability.

An application for DCA was received in respect of the child concerned on 22 April 2022. A deciding officer disallowed the claim on 13 June 2022 as the child was not considered to satisfy the qualifying conditions for DCA.

The applicant requested a review and appeal of the Department's decision.

As part of the review and appeal process, the complete DCA application, including the new additional information that was provided by the applicant in support of their review and appeal request, was re-examined by a deciding officer.

Following a review dated 5 August 2022, a deciding officer having re-examined their complete application, including all medical reports, their 3-day daily diary and all other information and documentary evidence that was provided by the applicant in support of their application and subsequent appeal, while also considering the opinion of a departmental medical assessor, decided that a revision of the original decision of 13 June 2022 was not warranted.

The applicant was notified in writing of the review decision on 05 August 2022.

The applicant's DCA appeal (Ref No 22/12480) was subsequently referred to the independent Social Welfare Appeals Office (SWAO) on 11 August 2022 for further consideration by an Appeals Officer. The applicant will be notified directly by the SWAO of the outcome of their appeal in due course.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (294)

John McGuinness

Question:

294. Deputy John McGuinness asked the Minister for Social Protection if domiciliary care allowance and arrears will be paid to a person (details supplied); if payments will be backdated to the year of the first assessment when the child was three years of age and when they were first informed verbally by a Department official not to apply as they would not qualify; and if the case put forward them will be investigated. [50985/22]

View answer

Written answers

Where an application for Domiciliary Care Allowance (DCA) is awarded, payment is effective from the first of the month following receipt of the application. However, DCA applications may be backdated in cases where good cause for the delay in making the claim can be shown to the satisfaction of a deciding officer. This maximum permitted period is governed by social welfare legislation and cannot exceed 6 months.

The onus is on all applicants to apply for DCA when they consider that they and their child may meet the qualifying conditions for the allowance. Applications for DCA are decided by a deciding officer on a case-by-case basis, while also considering the opinion of a Departmental medical assessor.

An application for DCA in respect of their child was received from the person concerned on 2 June 2022. Their application was awarded following a review dated 29 September 2022 and backdated 6 months, effective from 1 January 2022 which is the maximum period allowable as provided for under social welfare legislation. Backdating of payment was allowed, as provided for under legislation, following consideration of the information provided by the person concerned relating to the good cause for not making an earlier application.

It is also open to the person concerned to request an appeal of the Department's decision directly to the independent Social Welfare Appeals Office as advised in the decision notification dated 29 September 2022.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (295)

John McGuinness

Question:

295. Deputy John McGuinness asked the Minister for Social Protection if carer's allowance will be put back into payment for a person (details supplied), in line with the specified timeframe set out in the original decision; and if she will make a statement on the matter. [50986/22]

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Written answers

Carer’s benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a person(s) in need of full-time care and attention.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

A CARB application was received from the person concerned on 29 Jul 2021 with confirmation from their employer that they were reducing their working hours from 36 hours to 16 hours per week from 6 September 2021 to 6 September 2022 to provide full time care to their mother. The CARB claim was awarded for this period and the person concerned was advised that if they wished to extend the period of CARB payments, they would need to forward confirmation from their employer of the newly agreed leave dates.

To date, my Department has not received a request to extend the CARB claim. Accordingly, the claim was stopped on 7 September 2022. Once the required information is received by my Department, the application will be processed without delay and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (296)

Kieran O'Donnell

Question:

296. Deputy Kieran O'Donnell asked the Minister for Social Protection if she will provide an update on an application by a person (details supplied) for carer's allowance; and if she will make a statement on the matter. [50988/22]

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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.

An application for CA was received from the person concerned on 5 April 2022.

The application was awarded to the person concerned on 20 July 2022 with effect from 7 October 2021. The first payment issued to their nominated post office on 21 July 2022.

Arrears due from 7 October 2021 to 13 July 2022 less any other social welfare payment made during this period will issue to the person concerned nominated post office on 20 October 2022.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (297)

Kieran O'Donnell

Question:

297. Deputy Kieran O'Donnell asked the Minister for Social Protection if she will provide an update on an application by a person (details supplied) for an invalidity pension. [50991/22]

View answer

Written answers

The person referred to has been awarded invalidity pension with effect from 28 April 2022 and will receive her first payment to her nominated bank account on 20 October 2022. Any arrears due from 28 April 2022 to 19 October 2022 will issue in due course. The person in question was notified of this decision on 10 October 2022.

I hope this clarifies the position for the Deputy.

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