Thursday, 10 Nov 2022

Written Answers Nos. 265-274

State Pensions

Questions (265)

Paul Kehoe

Question:

265. Deputy Paul Kehoe asked the Minister for Social Protection if the means test for a State pension (non-contributory) takes into account the full amount of capital assets notwithstanding earnings on the assets; if the means test assesses the interest earned/active appreciation of these assets; if her Department treats capital of spouses in joint bank accounts any differently to those in individual accounts; and if she will make a statement on the matter. [56018/22]

Written answers

Minister for Social Protection

Social welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme.  The means assessment includes income from sources such as employment, self-employment, occupational pensions and maintenance payments.  It also includes property owned, other than the family home, and capital such as savings, shares, and other investments.

The assessment of capital reflects an expectation that people with reasonable amounts of capital and property are in a position to use that capital, or to realise the value of the property, to support themselves without having to rely solely on a means-tested welfare payment.

While savings are assessed in the means test, most social protection schemes have a general capital disregard, meaning the full amount of the capital is not assessed.

In the case of the means assessment for a personal rate of the State Pension (Non-contributory), the first €20,000 (€40,000 for a couple) of capital an applicant holds is fully disregarded; the next €10,000 is assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.

The capital assessment formula is not designed to reflect interest or annuity rates available to investors and no account is taken of interest or dividend payments received in 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.

Social Welfare Payments

Questions (266)

Brendan Griffin

Question:

266. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for a living alone increase (details supplied); and if she will make a statement on the matter. [56023/22]

Written answers

Minister for Social Protection

An application for a Living Alone increase was received on 04 October 2022. The allowance was awarded from 06 April 2022.  The weekly payment of €22.00 and any arrears due has issued to their post office.  The person concerned was notified of this decision in writing on 07 November 2022.  

I hope this clarifies the position for the Deputy. 

Social Welfare Eligibility

Questions (267)

Bernard Durkan

Question:

267. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a decision to refuse carer’s allowance may be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [56028/22]

Written answers

Minister for Social Protection

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 30 June 2022.

It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

It is also a condition for receipt of CA that every claimant shall furnish such certificates, documents, information and evidence as may be required for the purposes of deciding the claim and attend at such office or place as an officer may direct.

As the person concerned has failed to provide such documents and the evidence did not indicate that the requirement for full-time care was satisfied, the Deciding Officer (DO) has decided that the person concerned is not entitled to CA.

The person concerned was notified on 19 August 2022 of this decision, the reasons for it and of the right to review and appeal.

On 7 September 2022, the applicant submitted additional evidence in support of a review of the application.  Upon examination of the additional documents, the DO has decided that there is insufficient medical evidence to support this claim.

The person concerned was notified on 20 October 2022 of this decision, the reason for it and of the right of further review and appeal.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (268)

Bernard Durkan

Question:

268. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent, if any, to which an application for working family payment may be reconsidered in the case of a person (details supplied); and if she will make a statement on the matter. [56033/22]

Written answers

Minister for Social Protection

Working Family Payment (WFP) is an in-work weekly payment which provides additional income support to employees on low earnings with children.

An application for WFP was received from the person concerned on 27th September 2022.  Further information was requested by the Department.  The person concerned submitted this information, and it was received by the Department. A Deciding Officer reviewed the application, and the WFP claim was disallowed on 11th October 2022 as the income of the person concerned exceeded the prescribed income limit for a family of their size. 

A Deciding Officer has reviewed the WFP decision and unfortunately the decision cannot be revised. The person concerned earns consistent incomes from their two employments and the figures used for the WFP income assessment were correct.

The person concerned has also been advised that they have a right to appeal this decision directly to the Chief Appeals Office at: Social Welfare Appeals Office, FREEPOST, D'Olier House, D'Olier Street, Dublin 2, DO2 XY31 or by email to: [e-mail].

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (269)

John McGuinness

Question:

269. Deputy John McGuinness asked the Minister for Social Protection if an application for WFP submitted in the name of a person (details supplied) on 15 September 2022 will be expedited and approved. [56053/22]

Written answers

Minister for Social Protection

Working Family Payment (WFP), formerly Family Income Supplement, is a weekly in-work support which provides an income top-up for employees on low earnings with children.  To qualify for Working Family Payment the customer must be working a minimum of 38 hours per fortnight in ongoing insurable employment and have at least 1 qualified child who normally resides with them.

An application for WFP was received from the person concerned on 15th September 2022. The department requested further information, and this was submitted. The WFP application was reviewed by a deciding officer and WFP has been awarded at a rate of €105.00 per week from 15th September 2022 to 13th September 2023. The person concerned has been advised in writing of their award and arrears have issued to their nominated bank account.

I trust this clarifies the matter for the deputy.

Social Welfare Benefits

Questions (270)

Duncan Smith

Question:

270. Deputy Duncan Smith asked the Minister for Social Protection if she is considering changing the rules for fuel allowance in circumstances (details supplied); and if she will make a statement on the matter. [56069/22]

Written answers

Minister for Social Protection

The 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.

The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible.  To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria including the household composition criteria.  This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

An adult child living with a householder may result in a reduction of additional allowances such as the Fuel Allowance payment to a householder.  However, the economies of scale from living together should mean that a contribution towards household costs by the person would compensate for any such reduction in payments from my Department. 

A change in the qualifying criteria such as that proposed by the Deputy would change the targeted nature of the scheme and would likely result in payments being directed to households with significant income. 

Therefore, there are no plans to amend the Fuel Allowance qualifying criteria to allow for the payment of Fuel Allowance in the circumstances outlined by the Deputy.

There will always be exceptional cases and it is for this reason 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 Officers.

I hope this clarifies the matter for the Deputy.

School Meals Programme

Questions (271)

Denis Naughten

Question:

271. Deputy Denis Naughten asked the Minister for Social Protection when she will publish the review of the school meals programme; and if she will make a statement on the matter. [56070/22]

Written answers

Minister for Social Protection

The School Meals Programme provides funding towards the provision of food services to some 1,700 schools and organisations and benefitting 260,000 children.  The objective of the programme is to provide regular, nutritious food to children who are unable, due to lack of good quality food, to take full advantage of the education provided to them.  The programme is an important component of policies to encourage school attendance and extra educational achievement.

Budget 2022 provided €68.1 million for the programme with an additional €9m provided to allow access to all new DEIS schools from September 2022.  Additional funding for the programme has been provided for 2023 bringing the total to €91.6m. 

I am committed to continuing to expand the school meals programme and building further on the significant extension of the programme in recent years.  In this regard, I commissioned the evaluation of the school meals programme to review all elements of the programme. The evaluation involves engagement with all stakeholders involved in the programme and will help to inform future decisions around this important programme.  The final report is due to be completed by the end of the year and will be published thereafter. 

I trust this clarifies the matter. 

Workplace Discrimination

Questions (272)

Paul Murphy

Question:

272. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will outline his approach to the issues raised in the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021, which completed Second Stage in Seanad Éireann on 1 June 2021. [55921/22]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

In response to the issues raised on the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021, my Department undertook research into the prevalence of the use of non-disclosure agreements (NDAs) in cases of the nature covered by the Private Member's Bill.

A report of this research was published in March of this year: 'The prevalence and use of Non-Disclosure Agreements (NDAs) in discrimination and sexual harassment disputes.' This research highlighted that NDAs are commonly used in a range of contexts within Ireland and other jurisdictions, but it also noticed there were significant data gaps. The inherent secrecy of these contracts presents challenges in rectifying this problem. NDAs are often signed in contexts where there is a significant power imbalance between the signatories.

The report notes that there appears to be a consensus among all stakeholders that some change is needed, with differing perspectives on the optimum legislative response to the challenge presented by the use of NDAs. While some commentators and practitioners favour the effective prohibition of NDAs in cases of sexual harassment or discrimination, others consider it preferable to regulate them while seeing a role for them in the ethical resolution of disputes.

The main recommendation from the report is that prevention is key. Human resource practices should encourage reporting and foster a workplace culture that does not tolerate sexual harassment or discrimination. In cases in which a dispute settlement includes an NDA, employers should ensure that best practice is followed.

As I have indicated during Committee Stage of this Bill in July this year, I have considered the outcomes of this research and I now intend to address the findings as part of the review of the Equality Acts underway in my Department.

Housing Provision

Questions (273)

Catherine Murphy

Question:

273. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to issues at a site (details supplied). [56054/22]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

Regarding the matter raised, I can advise the Deputy that multiple sources of offers of accommodation are considered. In line with this approach, full assessments are undertaken of the suitability of sites and structures offered. Discussions are ongoing about the potential use of the site to which the Deputy refers and the matter is still under consideration.

Residency Permits

Questions (274)

Michael Healy-Rae

Question:

274. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth the current average timeline to process an application for one person seeking permission to remain, not including persons fleeing war (details supplied); and if he will make a statement on the matter. [56075/22]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

In regards to the current average timeline to process an application for one person seeking permission to remain, not including persons fleeing war, this information is collated by the Department of Justice who have sole responsibility for the application process.

As you know, my Department has responsibility for accommodation matters. For this reason I suggest that you address this part of your question with my colleague, the Minister for Justice.

From the beginning of 2022 to date, over 12,300 people have arrived in Ireland seeking international protection and as of 30 October 2022, there are 16,838 people availing of International Protection Accommodation Service (IPAS) accommodation as a whole. This compares with 7,250 people in IPAS accommodation at this time in 2021.

This figure is in addition to the arrival of over 57,000 Beneficiaries of Temporary Protection in the last seven months of whom over 45,500 have sought accommodation assistance from my Department as a result of the war in Ukraine.

My Department is working urgently across Government and with agencies, NGOs and local authorities to bring new accommodation on board so that the State’s humanitarian responsibilities can be met for both International Protection Applicants and those from Ukraine.

However, the pressure on the State to accommodate almost 62,500 people currently has led to significant shortages particularly for the international protection cohort. Given the significantly increased numbers of arrivals in the context of accommodation shortages, DCEDIY has no option but to consider all offers of accommodation. 

My Department remains actively engaged in the sourcing of emergency accommodation to ensure we can continue to meet our international obligations to those seeking refuge in Ireland.

I trust this information clarifies the matter Deputy.