Written Answers Nos. 648-666
648. Deputy Neale Richmond asked the Minister for Social Protection if she will consider expanding the criteria for the widow's pension to include couples who were co-habiting; and if she will make a statement on the matter. [54513/22]
View answerThe Widow’s/Widower’s/Surviving Civil Partner’s Contributory Pension (WCP) is paid to the husband, wife, or civil partner of a deceased person, and is a weekly pension, available to those who satisfy the required PRSI contribution conditions, either on his/her own record or on that of the deceased spouse or partner, subject to certain criteria.
The legal context governing relationships such as marriage is set out in various Marriage, Civil Partnership and Family Law Acts, and is regulated by the Minister for Justice.
Therefore, entering a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties that do not exist in law between cohabiting couples.
On becoming bereaved, widows, widowers and surviving civil partners lose someone who had those legal duties towards them. The social welfare code acknowledges this by providing a pension to them, subject to certain conditions. It was for these reasons that the social welfare supports for widows and widowers were extended to surviving civil partners from January 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force.
Consequently, any changes to the Widow’s or Widower’s or Surviving Civil Partner’s Pension would have to be considered in the context of wider and more complex issues, such as the status of marriage and cohabitation.
In addition, the Citizens Assembly have made some recommendations in this area and those issues are currently being considered by the Joint Oireachtas Committee on Gender Equality. The report of the Committee will be relevant to the considerations of this issue.
A Private Members' Bill is at second stage in Seanad Eireann. The Bill seeks the award of a pension to a surviving cohabitant, in the same manner as a widow, widower or surviving civil partner receives a pension on the death of a spouse or partner.
A timed amendment to the Motion that the Bill be read for a second time has allowed 12 months for, amongst other things, a comprehensive consideration of the implications of the Bill through engagement and consultation with other relevant Departments and the Attorney General and an examination and response to the report of the Joint Oireachtas Committee on Gender Equality and its recommendations, including any proposals for Constitutional reform.
I hope this clarifies the matter for the Deputy.
649. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection if an exemption can be provided to a person with a disability who is receiving a birth negligence case settlement award, to enable an application for the winter fuel payment and the household benefit package; and if she will make a statement on the matter. [54614/22]
View answerThe criteria for Fuel Allowance and the Household Benefits package are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. In general, to qualify for these benefits, an applicant aged under 70 must be in receipt of a qualifying payment and in the case of Fuel Allowance satisfy a means test and satisfy the household composition criteria. This ensures that the payments go to those who are unlikely to have additional resources of their own.
While the Department's schemes are reviewed on an ongoing basis, there are no plans to grant automatic access to these benefits without regard to the qualifying criteria. Any decision to do so would change the nature of the schemes and would have cost implications and could only be considered while taking account of the overall budgetary context and the availability of financial resources.
I hope this clarifies the matter for the Deputy.
650. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if her attention has been drawn to the possibility that someone in receipt of disability benefit can have his or her benefits withdrawn if he or she spends as little as two days in custody; if her attention has further been drawn to the possibility that someone in receipt of carer's allowance can have his or her payment withdrawn if the person he or she cares for is in custody for two days (details supplied); and her views on whether this procedure has a hugely negative impact on families and that it needs to be reversed. [54620/22]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I confirm the person concerned is in receipt of DA since 22 May 2013.
Following Notification that the person concerned had been incarcerated DA was stopped with effect from 18 October 2022.
The Department would reaffirm the importance of applicants notifying the Department’s scheme area of any change in circumstances. This is imperative that no overpayments occur and to ensure that a decision is made as quickly as possible on their claim. The Prison release paper was sent to Carer's Allowance Section on 18 October 2022.
Following confirmation that the person concerned was released from prison, DA has been reinstated with effect from 19 October 2022.
The first payment issued to the nominated post office of the person concerned on 3 November 2022. As a control measure, no agent was allowed at that time. The person concerned was notified on 28 October 2022 of this decision.
A Review of the Agent Application of 02 February 2016 was carried out on the claim of the person concerned on 02 November 2022. It was decided that his Spouse has been reinstated and re-authorised to collect his DA payment. A letter notifying the person concerned of this decision was issued on 02 November 2022.
Arrears of payment due to the person concerned will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments.
Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
I confirm the person concerned is in receipt of CA since 6 June 2013.
Following notification that the care recipient had been incarcerated, CA was stopped with effect from 19 October 2022.
The person concerned was notified on 12 October 2022 and 20 October 2022 of this decision, the reason for it and of their right of review and appeal.
Following confirmation that the care recipient was released from prison, CA has been reinstated with effect from 20 October 2022.
The first payment will issue to the nominated post office of the person concerned on 3 November 2022.
Arrears due from 20 October 2022 to 2 November 2022 will issue on 3 November 2022.
The person concerned was notified on 28 October 2022 of this decision, the reason for it and of their right of review and appeal.
I trust this clarifies the matter for the Deputy.
651. Deputy Michael Creed asked the Minister for Social Protection , further to Parliamentary Question No. 451 of 25 October, if she will clarify whether or not the accounts for the businesses submitted were in fact considered when reviewing eligibility for this payment as requested. [54635/22]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I wish to confirm that the accounts for 2021 for the person concerned were considered as part of the review of their entitlement to Disability Allowance. The information provided in the accounts does not change the decision that was made in relation to the means assessed for the person concerned. The decision was made in line with current legislation in relation to assessing second properties which are assessed on the capital value of the property and not the letting income from the property.
I trust this clarifies the matter for the Deputy.
652. Deputy Michael Healy-Rae asked the Minister for Social Protection if her Department has plans to recognise Covid-19 as an occupational illness; and if she will make a statement on the matter. [54641/22]
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 is aware of the work of the EU Advisory Committee on Safety and Health at Work (ACSH) regarding the recognition of COVID-19 as an occupational disease. Under the EU Strategic Framework on Health and Safety at Work 2021-2027, the European Commission committed to updating their Recommendations on Occupational Diseases by the end of this year in order to include COVID-19. The Department is monitoring the European Commission's work and recommendations in this regard.
Any changes to the current system would need to be considered in terms of overall Government policy and in consultation with the Minister for Health and the Chief Medical Officer.
I trust this clarifies the matter for the Deputy.
653. Deputy Marian Harkin asked the Minister for Social Protection if she will consider extending illness benefit to those workers who are also in receipt of another social welfare payment (details supplied); and if she will make a statement on the matter. [54659/22]
View answerThere is a general principle of one person-one payment that applies across our social welfare system. Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time, but generally they can receive only one payment. This principle is common to social security systems across the world. As a result, people on Widow’s Pension cannot be in receipt of an overlapping second payment, for example Illness Benefit, at the same time. They may, however, get a reduced rate of Illness Benefit, if a customer is getting a reduced rate of Widow’s Pension. In this case, the combined amount of both payments cannot be greater than the rate of Illness Benefit to which they are entitled.
People might be eligible to receive one of the following supports in addition to their Widow’s, Widower’s or Surviving Civil Partner’s Pension: Working Family Payment, Living Alone Increase, Fuel Allowance or Household Benefits Package depending on their living circumstances and their age. More information on overlapping payments and eligibility is available at gov.ie.
My Department operates the Supplementary Welfare Allowance scheme, administered by the Community Welfare Service, which provides a number of supports and services to help people facing financial hardship. Under this scheme, the Department may make an additional needs payment to meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. The payment is available to anyone who needs it and qualifies, whether the person is currently on a social welfare payment or working on a low income.
My Department will continue to keep the range of supports under review. Changing the underlying one person-one payment principle would however involve significant additional expenditure which could prove unsustainable in the long-term, and would have to be considered in the overall policy and budgetary context.
I trust this clarifies the matter for the Deputy.
656. Deputy Niamh Smyth asked the Minister for Social Protection if she will review correspondence from a local authority (details supplied); if she will address the issues outlined; and if she will make a statement on the matter. [54761/22]
View answerThe Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs.
Any decision to make the Fuel Allowance payment a year-round payment would have budgetary consequences and would have to be considered in the context of overall budget negotiations and scheme policy.
In Budget 2023, however, I was pleased to announce the largest ever expansion of the Fuel Allowance Scheme. There are a number of key aspects to this expansion. From January 2023, the general means test is being enhanced with the income threshold being increased from €120 to €200 above the relevant State Pension (Contributory) rate. In addition, I also provided that from January 2023, income from Disablement Benefit and Half-rate Carer's Allowance will be disregarded in the means test for Fuel Allowance. Most significantly, I was particularly pleased to be able to provide for a new means test to be introduced for over 70s., again with effect from January 2023. Under this new means test, a single person over 70 will be able to have income of €500 per week and a couple will be able to have income of €1,000 per week and still qualify for Fuel Allowance.
More widely, the Government is very aware of the increased cost of living and, in Budget 2023, has provided an unprecedented response that aims to ease the financial pressure on households throughout the State.
As part of the Government's cost of living measures in Budget 2023, in October, an Autumn Cost of Living Double Payment was paid to Social Protection recipients including pensioners, carers and people on disability payments.
In November 2022, a further lump sum payment of €400 will be paid to Fuel Allowance recipients to alleviate the burden of rising energy prices and inflation.
The enhanced electricity credit of €600 is another important Government measure announced in the Budget. This will also benefit households in receipt of Fuel Allowance. The first €200 will be applied to electricity bills in November.
The Government will continue to monitor the cost-of-living situation closely.
I would also like to highlight that the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Service.
I hope this clarifies the matter for the Deputy.
657. Deputy Mairéad Farrell asked the Minister for Social Protection if she will provide the full list of organisations under the aegis of her Department which are involved in the community employment scheme supervisors, in tabular form; and if she will make a statement on the matter. [54771/22]
View answerThe Community Employment programme is delivered by locally based sponsor organisations across the country. In total, there are over 840 such companies involved in the delivery of the programme.
Officials from the Department are currently compiling the list of 840 Community Employment Sponsoring Organisations and will provide it at an early date under separate cover to the Deputy.
I trust this clarifies the matter for the Deputy.
658. Deputy Thomas Pringle asked the Minister for Social Protection the number of community welfare officer posts that are currently vacant in County Donegal; and if she will make a statement on the matter. [54773/22]
View answerThere are currently 11 (10.50 full-time equivalent) Community Welfare Officers (CWOs) in County Donegal.
CWOs are available to facilitate urgent and in-person meetings in the Buncrana, Dungloe and Letterkenny Intreo Centres, 9 am – 5 pm, Monday to Friday. In addition, a person can meet a CWO by appointment in DSP offices in Ballyshannon, Donegal, Ballybofey, Dunfanaghy and Moville. 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.
A person’s case can be escalated if urgent local action is required, such as an immediate cheque payment. Where it is clear a person has an immediate need, every effort is made to ensure they receive a payment on the same day.
There are currently two CWO posts vacant in County Donegal. Work in my Department is underway to fill these vacancies as quickly as possible.
I trust this clarifies the matter for the Deputy.
659. Deputy Thomas Pringle asked the Minister for Social Protection the number of community welfare officers nationally within the 400 filled posts who are on sick leave; and if she will make a statement on the matter. [54774/22]
View answerThe Department's records show that 18 Higher Executive Officers (HEO) assigned to the Community Welfare Services are currently availing of sick leave.
Of these absences ten relate to long-term absences over 28 days spanning up to two years and eight officers are on short-term sick leave for a period of less than 28 days.
All sick leave absences are case managed by the Department's HR team and where relevant, reviewed in collaboration with the offices of the Civil Service Occupational Health Department.
In line with the Departments human resource strategy, HR provides support to officers on sick leave to assist in their return to work in collaboration with the officer and local management whilst following the medical advice of the occupational health office.
660. Deputy Marc Ó Cathasaigh asked the Minister for Social Protection with reference to the answer given by An Taoiseach in Questions on promised legislation on 26 October, the progress of work being undertaken by her Department with respect to Commitment 43 in the pathways to work strategy to "prepare a paper on options to modify the longer-term jobseeker's assistance payment by utilising the Revenue Commissioners real time earnings data to adjust payment levels in line with a person’s weekly earnings, to guarantee a basic income floor and ensure that in all cases a person’s income increases when they work"; the expected date by which this work will be completed; and if she will make a statement on the matter. [54790/22]
View answerPathways to Work 2021-2025 includes a commitment to “Prepare a paper on options to modify the longer-term jobseeker's assistance payment by utilising the Revenue real time earnings data to adjust payment levels in line with a person’s weekly earnings, to guarantee a basic income floor and ensure that in all cases a person’s income increases when they work.”
It includes a further commitment to “Ensure that the particular circumstances of lone parents are considered in the assessment of a Working Age Payment/Basic Income Guarantee”.
Work is underway on progressing these commitments with consideration being given to the development of a new Working Age Payment. This is a significant project which requires detailed analysis.
The Report of the Commission on Taxation and Welfare, which was published in September, is a significant body of work which put forward 116 recommendations. One of these is that working-age payments should be reformed to move towards a working age assistance payment available to all households. It further states that such a payment should be designed so as to avoid subsidising a low-paid economy.
I trust this clarifies the position.
661. Deputy Ivana Bacik asked the Minister for Social Protection the Intreo offices that are currently open for public services card appointments in Dublin; if her attention has been drawn to the difficulties experienced by applicants due to a reported increase in demand for the public services card; and the steps that she will take to address the delays. [54791/22]
View answerIt is possible for a person to apply for a Public Services Card (PSC) at the following locations in Dublin:
- Balbriggan
- Ballyfermot
- Ballymun
- Bishop's Square
- Blanchardstown
- Clondalkin
- Coolock
- Dún Laoghaire
- Finglas
- Kilbarrack
- Nutgrove
- Parnell Street
- Swords and
- Tallaght.
Information on the PSC service in all Intreo Centres can be found on gov.ie - PSC/SAFE Registration Centres (www.gov.ie).
The SAFE registration process, which my Department uses to authenticate a person's identity, is a face- to-face process which results in the issuing of a PSC. Currently, it is not possible for someone who does not already have a PSC to acquire one without attending an Intreo/SAFE Centre. However, my Department is exploring the delivery of services to augment the current face-to-face identity proofing processes carried out by staff in Intreo and SAFE Centres nationwide by allowing customers to satisfactorily establish their identity online.
You may also be interested to know:
- The Department also has an online service which enables customers renew their PSC for 10 years through www.MyWelfare.ie. A verified MyGovID account is required to use this service, and a passport quality photograph must be uploaded with the renewal application.
- An expired card can be extended for three years by calling the Department’s PSC Helpdesk at 0818 837000. Where a PSC is lost, stolen or damaged, a person should immediately contact the PSC Helpdesk where officials will arrange for a new card to issue.
- A PSC is not required when a person is applying for or renewing a driver’s licence in-person at any of the National Driver Licence Service (NDLS) centres nationwide. A person must however book an appointment to attend an NDLS centre.
I trust this clarifies the matter.
662. Deputy Niamh Smyth asked the Minister for Social Protection if she will provide an update on a carer's benefit review for a person (details supplied); and if she will make a statement on the matter. [54793/22]
View answerCarer’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 and the maximum income from this employment is €350.00, 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.
CARB was awarded to the person concerned for the period 3 March 2022 to 21 Sept 2022.
The person concerned made a further application on 11 October 2022 to extend the period of benefit. However, the information supplied was insufficient to enable a decision to be made. Accordingly, additional information was requested from the person concerned on 1 November 2022 in relation to a new employment which commenced on 11 October 2022.
Once the information is received, 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.
663. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a carer's allowance for a person (details supplied); and if she will make a statement on the matter. [54820/22]
View answerCarer'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 20 July 2022.
It is a condition for receipt of CA that every applicant is required to furnish a deciding officer with such certificates, documents, information and evidence as may be required for the purpose of deciding a claim.
The person concerned did not provide documents that were requested in relation to their means. Therefore, the application for CA was disallowed.
The person concerned was notified on 29 August 2022 of this decision, the reason for it and of their right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of their application.
Following a review of this information, CA was awarded to the person concerned on 28 October 2022, with effect from 2 December 2021 and the first payment will issue to their nominated post office on 10 November 2022.
Arrears for the period 2 December 2021 to 9 November 2022 will issue by cheque shortly.
The person concerned was notified on 28 October 2022 of the revised decision, the reason for it and of their right of review and appeal.
I hope this clarifies the position for the Deputy.
664. Deputy Steven Matthews asked the Minister for Social Protection if her attention has been drawn to the loss of a caretaker in a community organisation (details supplied) who works under the CE scheme; if any flexibility can be provided in this case, in order for the person to remain in situ; and if she will make a statement on the matter. [54825/22]
View answerWork schemes such as Community Employment (CE) are positive initiatives that enable long-term unemployed to make a contribution to their communities whilst upskilling themselves for prospective future employment. However, it is important to note that participation on these schemes is intended to be for a temporary fixed-term and the positions offered are not full-time sustainable jobs. Placements are designed to break the cycle of unemployment and maintain work readiness, thereby improving a person’s opportunities of returning to the open labour market. Participation limits are set on these schemes to allow for the maximum utilisation of places amongst qualifying persons.
As a result of the COVID-19 emergency and the related public health restrictions, including the recruitment of new CE participants, the Department supported schemes throughout this period by extending participant’s contracts on a number of occasions up until April of this year. Also, to assist with the transition from COVID emergency supports over the next period, participants, including those with extended contracts, were not required to leave CE, where a suitable replacement had not yet been referred to the scheme. This transitionary provision has supported schemes to retain services with the higher-than-normal turnover of participants in 2022. Any extension under this provision must be approved in advance by officials from the Department.
The person concerned commenced CE on 22 July 2019 and under normal conditions of eligibility would have been due to exit CE on 15 July 2022. However, due to the Covid-19 emergency, additional time was allowed to him under the phased exit strategy extending his time to 27 January 2023.
As per normal protocol, for participants who are due to leave CE, Sponsors are expected to commence an exit strategy with the participant approximately three months prior to their exit date. As part of this process, the vacancy must be advertised to allow other potential and interested candidates to be considered. In the event where no suitable candidate is found the Sponsor can then apply for a further extension and this will be considered by my Departmental officials. In this case, if no suitable nominations are received by mid-December 2022 the Sponsor can apply for the extension.
I trust this clarifies the matter for the Deputy.
665. Deputy Paul Murphy asked the Minister for Social Protection if she will extend the double week cost-of-living support payment to those on illness benefit; if not, the reason; and the reason that there has been no additional support for those on illness benefit. [54836/22]
View answerThe Autumn Cost of Living double payment is part of a range of measures in Budget 2023 to mitigate the effects of the increased cost of living. The Autumn Cost of Living double payment was payable to recipients of Disability Allowance, Invalidity Pension, Blind Pension, Disablement Benefit and Partial Capacity Benefit.
Illness Benefit is not a qualifying payment for the autumn double payment. In the vast majority of cases, Illness Benefit is a short-term payment for those who are certified by their GP as needing to take time out from their employment. This means there is a constant daily churn in terms of Illness Benefit recipients as people take time off/return to work. In addition, in many cases Illness Benefit is paid directly to the employer where sick pay is paid.
Most recipients of Illness Benefit still have an attachment to the labour force and there is an expectation that they will return to work.
Long-term Illness Benefit recipients who are permanently incapable of work may be eligible for Invalidity Pension (subject to satisfying the relevant medical criteria and social insurance contributions). Those who are substantially restricted in undertaking suitable employment arising from a medical condition may be eligible for the means-tested Disability Allowance (subject to the relevant medical criteria). All recipients of both of these payments are eligible for additional benefits including free travel and the household benefits package.
This Department provides Additional Needs Payments under our Supplementary Welfare Allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.
Illness Benefit recipients will benefit from the €12 increase in the maximum weekly rate of this payment from January 2023.
I trust this clarifies the matter.
666. Deputy Richard Bruton asked the Minister for Social Protection if she will consider including persons who are on sickness benefit for over one year on the autumn cost-of-living payment. [54864/22]
View answerIn response to the ongoing cost of living pressures, my Department will spend approximately €1.2 billion in social welfare measures during the coming months to help individuals and families through this difficult period.
One of these measures is the Autumn Cost of Living Double Payment which was paid to those schemes which are eligible to receive the Christmas Bonus, with one amendment - the removal of the 12-month duration requirement for certain schemes - allowing short-term jobseekers and Supplementary Welfare Allowance customers to qualify for the October support.
Illness Benefit is not, and has never been, a qualifying payment for the Christmas Bonus. It is a scheme which, by its nature, is a short-term social welfare scheme. It has a high degree of churn with people coming onto the scheme and moving off every week, often with very short duration claims. For example, between July and September 2022, almost 115,000 Illness Benefit claims were awarded and, of these, only 21,000 remain in payment. This indicates a churn of 82% over just a three-month period. The average duration of a claim for Illness Benefit is only 6 days.
In addition, many Illness Benefit payments are paid directly to the employer. Therefore, a double payment such as the cost of living support would, in many cases, be an employer subsidy as opposed to an additional support to the customer. This is not the intent behind the October cost of living support, and nor would it be a targeted use of resources.
If an individual or family are struggling with additional costs, Additional Needs Payments can provide help and support to people facing financial hardship. Under the scheme, the Department may make an Additional Needs Payment to people on a low income, whether they are working or receiving an income support, to meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income.
I trust this clarifies the matter for the Deputy.
