Written Answers Nos. 856-875
856. Deputy Ged Nash asked the Minister for Social Protection when the voucher scheme under the terms of section 9 of the Irish Sign Language Act 2017 will be introduced on a permanent basis; and if she will make a statement on the matter. [63524/22]
View answerThe Sign Language Interpreting Service (SLIS) is the national Sign Language Interpreting Service. Established in 2007, SLIS is supported and funded through the Citizens Information Board (CIB). SLIS supports high-quality Irish Sign Language (ISL) interpretation services to ensure Deaf people can access public and social services and take part in Irish society as full and equal citizens.
Section 9 of the Irish Sign Language Act 2017 set out a support scheme to allow access to ISL users free interpretation to access events, services, and activities.
As Minister, I supported the CIB and SLIS in launching a pilot voucher scheme for users of Irish Sign Language to access free ISL interpreters for social, cultural and service needs. The pilot ran for a four-month period to the end of October 2021. An evaluation of the pilot was completed in July 2022, which reported that 160 deaf people accessed 272 vouchers. 26% of interpreter assignments were for private medical purposes, 24% for social events, 20% for education and training and 18% for public events and services.
The recommendations from the evaluation report will form part of any future voucher scheme to ensure it meets the needs of the Deaf community in Ireland and meets the obligations under the Irish Sign Language Act 2017. The recommendations are to guarantee equal access to all Deaf users within the society as equal citizens in Ireland. CIB is currently exploring with SLIS the options as to how the Voucher Scheme can be rolled out, using lessons from the pilot.
In the meantime, my Department continues to provide funding to SLIS through its yearly operational grant; an allocation of some €459,000 has been provided for in 2023.
857. Deputy Claire Kerrane asked the Minister for Social Protection when she will inform the Chairman of the Joint Committee on Social Protection, Community and Rural Development and the Islands in relation to a specific issue (details supplied); and if she will make a statement on the matter. [63576/22]
View answerAs the Deputy will be aware, it has been claimed that the Chief Appeals Officer used the outcome of a 'test case' in a particular occupational sector to likewise determine the employment status of all workers in that sector. i.e. that all workers in that sector are automatically deemed to have the same employment status of the worker in the so called 'test case'. I am advised that that is not the case and is, in fact, a misunderstanding of the approach taken by the Chief Appeals Officer.
The Chief Appeals Officer has advised me that the discussion in relation to the use of ‘test cases’ before the Joint Committee on Employment Affairs and Social Protection on 5th December 2019 specifically related to a number of cases considered in the 1990s. These cases, involving workers in a particular sector, were selected as so called 'test cases' not to determine the employment status of all workers in that sector but rather to identify criteria that could be used by Deciding Officers and Appeals Officers for the purpose of assessing each case on an individual basis and to improve the quality and consistency of decision making in relation to the determination of whether an individual was employed or self-employed. The Chief Appeals Officer has advised me that the test cases were not used to determine a particular outcome on a 'group basis' that would be applied to all cases from that employment sector, as seems to have been inferred by some observers, but instead that the cases informed the identification of criteria that could be applied to each individual case in that sector. Decision makers (both Deciding Officer and Appeals Officers) would then apply these criteria to all cases that came before them and depending on the circumstances of each case, as assessed by reference to these criteria, an individual decision would be made in each case. This approach was a precursor to the subsequent development on a tripartite basis of the Code of Practice for Determining Employment or Self-Employment Status of Individuals under the Programme for Prosperity and Fairness, a code which was subsequently updated in 2007 under the Towards 2016 Social Partnership Agreement.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements. Every individual making an appeal always has the opportunity of having any evidence in his or her own case presented to and considered by an Appeals Officer.
I trust that this clarifies the matter for the Deputy.
858. Deputy Paul Kehoe asked the Minister for Social Protection the current status of a farm assist payment for a person (details supplied); and if she will make a statement on the matter. [63599/22]
View answerThe Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The Social Welfare Appeals Office has advised me that two Farm and Fish Assist appeals have been lodged by the person concerned.
The first appeal was received by the Appeals Office on 12 May 2022 in relation to a decision issued by the Department on 8th April 2022.
As per the statutory requirement of the appeals process the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal were sought. When these papers were received from the Department, the case was referred to an Appeals Officer who, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 29 November 2022.
The second appeal from the person concerned was received in the Appeals Office on 17 October 2022. The appeal was in relation to a decision issued by the Department to the person concerned on 30 August 2022. The time period within which an appeal may be made is up to 21 days from the date of the notification of the decision and initially the appeal was not accepted. The person concerned was notified of this. However, following further correspondence from the person concerned the appeal was subsequently accepted and he was notified of this on 12 December 2022.
It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
859. Deputy Paul Kehoe asked the Minister for Social Protection if a person (details supplied) can revert to their previous disability allowance payment to secure entitlement to the living alone allowance; and if she will make a statement on the matter. [63610/22]
View answerThe person concerned is currently in receipt of Widows Contributory Pension (WCP) and has not been in receipt of Disability Allowance since 19 December 2017.
An Application for Living Alone Allowance (LAA) was received by the WCP Section on the 30 September 2022. Based on the information provided to the Department, the person does not qualify for the allowance as they are under the age of 66 and LAA is not payable on WCP to persons under the age of 66. The person concerned was notified of this decision in writing on 22 October 2022.
Disability allowance (DA) is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.
The person concerned would need to reapply for DA and a completed application form for DA must be submitted to the Department in order to have eligibility checked and a formal decision made on entitlement for DA and the Living Alone Allowance.
An application form has been posted to the person concerned.
I trust this clarifies the matter for the Deputy.
860. Deputy Mairéad Farrell asked the Minister for Social Protection the reason that the flexibility for casual work which is available to jobseekers applying for jobseeker’s benefit is not also made available to jobseekers who are applying for jobseeker's benefit self-employed; and if she will make a statement on the matter. [63630/22]
View answerThe Department provides a range of income supports for both employees and self-employed people who lose their employment.
Employees who are fully unemployed or working up to 3 days per week may receive Jobseeker's Benefit provided that they satisfy the qualifying conditions, including having the necessary social insurance contributions.
Jobseeker's Benefit (Self-Employed) is a social insurance contribution-based income support payment for qualifying self-employed people who have fully ceased self-employment. Many of the features of this benefit scheme are similar to Jobseeker's Benefit while recognising the fundamental differences in the types of employment.
A person in receipt of Jobseeker's Benefit (Self-Employed) can work up for 3 days as an employee in insurable employment and retain their entitlement to the support, in line with that available under the Jobseeker's Benefit scheme.
Where a self-employed person is operating their business at reduced levels and does not meet the conditions for Jobseeker's Benefit (Self-Employed) they may receive support under the means-tested Jobseeker's Allowance provided that they satisfy the conditions of that scheme.
I trust that this clarifies the position around the supports available.
861. Deputy Ruairí Ó Murchú asked the Minister for Social Protection when section 9 of the Irish Sign Language Act 2017 will be established on a permanent basis (details supplied); and if she will make a statement on the matter. [63644/22]
View answerThe Sign Language Interpreting Service (SLIS) is the national Sign Language Interpreting Service. Established in 2007, SLIS is supported and funded through the Citizens Information Board (CIB). SLIS supports high-quality Irish Sign Language (ISL) interpretation services to ensure Deaf people can access public and social services and take part in Irish society as full and equal citizens.
Section 9 of the Irish Sign Language Act 2017 set out a support scheme to allow access to ISL users free interpretation to access events, services, and activities.
As Minister, I supported the CIB and SLIS in launching a pilot voucher scheme for users of Irish Sign Language to access free ISL interpreters for social, cultural and service needs. The pilot ran for a four-month period to the end of October 2021. An evaluation of the pilot was completed in July 2022, which reported that 160 deaf people accessed 272 vouchers. 26% of interpreter assignments were for private medical purposes, 24% for social events, 20% for education and training and 18% for public events and services.
The recommendations from the evaluation report will form part of any future voucher scheme to ensure it meets the needs of the Deaf community in Ireland and meets the obligations under the Irish Sign Language Act 2017. The recommendations are to guarantee equal access to all Deaf users within the society as equal citizens in Ireland. CIB is currently exploring with SLIS the options as to how the Voucher Scheme can be rolled out, using lessons from the pilot.
In the meantime, my Department continues to provide funding to SLIS through its yearly operational grant; an allocation of some €459,000 has been provided for in 2023.
862. Deputy Ruairí Ó Murchú asked the Minister for Social Protection if there are plans to review the guidelines on eligibility for the back-to-work enterprise allowance (details supplied); and if she will make a statement on the matter. [63646/22]
View answerThe Back to Work Enterprise Allowance scheme (BTWEA) offers support for people who are long-term unemployed and who are interested in self-employment as a route to entering the labour market.
To qualify for BTWEA a person is required to have received an eligible primary payment continuously for 9 months. An applicant who is a casual worker is required to be in receipt of a jobseekers payment for 12 months immediately prior to the BTWEA application and can have a maximum of 30 days of insurable employment during that period. There are no plans to amend the eligibility for the Back to Work Enterprise Allowance at this time.
In addition to BTWEA, those in self-employment may have entitlement to support under the Jobseeker's Allowance scheme. Means derived from their self-employment would be assessed and a weekly Jobseeker's Allowance rate may be payable.
The Department of Enterprise, Trade and Employment provides a range of tailored supports for enterprises in Ireland. This includes the network of Local Enterprise Offices across the country which are a first-stop shop for anyone seeking information and support on starting or growing a business. The Local Enterprise Offices offer a range of business supports including financial supports, training programmes and mentoring.
I trust this clarifies the position.
863. Deputy Patricia Ryan asked the Minister for Social Protection the current waiting time for applications for carer’s allowance; the number of persons awaiting a decision; and if she will make a statement on the matter. [63713/22]
View answerCarer's Allowance (CA) is a means-tested social assistance payment made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
It is a condition for receipt of Carer's Allowance that the person being cared for must have such disability 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 continual supervision in order to avoid danger to him or herself and being likely to require that level of care for at least twelve months.
My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible. The claim processing target for CA is to process 75% of new claims within 10 weeks. In December 2022, 91% of claims were processed within 10 weeks.
The current average processing time for CA applications is 7 weeks. At the end of December 2022, the number of persons with a claim pending decision was 2,907.
The volume of CA claims on hands are a consequence of continued strong claim intake. Delays in processing may result where a form is not completed fully or supporting documentation that is requested on the application form is not supplied.
I hope this clarifies the position for the Deputy.
864. Deputy Richard Boyd Barrett asked the Minister for Social Protection the rationale for the rule that means a person on deserted wife's benefit is not entitled to the fuel allowance or the living alone allowance; and if she will make a statement on the matter. [63758/22]
View answer865. Deputy Eoin Ó Broin asked the Minister for Social Protection the rationale for the rule that means a person on deserted wife's benefit is not entitled to the fuel allowance or the living alone allowance; and if she will make a statement on the matter. [63759/22]
View answerI propose to take Questions Nos. 864 and 865 together.
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 €412 million in 2023. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.
Deserted Wife’s Benefit is a qualifying payment for Fuel Allowance and a person in receipt of Deserted Wife’s Benefit, subject to satisfying all relevant qualifying conditions, may receive the Fuel Allowance payment.
The Living Alone Increase (LAI) is a weekly payment, which is not means tested. The LAI is an additional payment made each week to:
- people aged 66 years or over who are in receipt of certain social welfare payments, including State pensions, and who are living alone;
- people who are less than 66 years of age, living alone and in receipt of Disability Allowance, Invalidity Pension, Incapacity Supplement or Blind Pension.
The payment types that allow a person under age 66 to receive the LAI are payments to people who have a long-term illness or disability.
The Deserted Wife’s Benefit payment is not paid on the basis of an illness or disability and therefore LAI is not payable to those in receipt of Deserted Wife’s Benefit aged under 66.
Those aged over 66 who are in receipt of Deserted Wife’s Benefit can receive the Living Alone Increase.
Finally, 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 Deputies.
866. Deputy Paul Murphy asked the Minister for Social Protection the reason hot lunches in DEIS schools and underprivileged schools have been terminated (details supplied). [63848/22]
View answer867. Deputy Paul Murphy asked the Minister for Social Protection if she will instruct the ETBI to provide details of the budgets provided for each school per year in relation to the issue regarding the cost of hot lunches in Deis schools and underprivileged schools. [63849/22]
View answer868. Deputy Paul Murphy asked the Minister for Social Protection if she will provide details of the type of food that is being provided in relation to the issue regarding the cost of hot lunches in Deis schools and underprivileged schools. [63850/22]
View answer869. Deputy Paul Murphy asked the Minister for Social Protection if each child gets €4.40 a day with a budget of €94.4 million and 60,000 children in relation to the cost of hot lunches in Deis schools and underprivileged schools; and if she will provide a breakdown of the expenditure in tabular form. [63851/22]
View answer870. Deputy Paul Murphy asked the Minister for Social Protection the person or body that holds the contract to provide hot lunches in Deis schools and underprivileged schools. [63852/22]
View answerI propose to take Questions Nos. 866 to 870, inclusive, together.
The School Meals Programme provides funding towards the provision of food services to some 1,600 schools and organisations benefitting 260,000 children. The objective of the programme is to provide regular, nutritious food to children to support them in taking 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 €94.4m. This represents a 53% funding increase in the period since 2020.
Funding under the school meals (local projects) scheme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided.
Funding does not issue at a rate of €4.40per child. The current rates of funding are €0.60 for a breakfast/snack, €1.40 for the cold lunch, €1.90 for the dinner and €2.90 for the hot school meal. The dinner provides a hot meal, but are different from the hot school meal, in that they tend to be provided by schools with onsite cooking facilities whereas food for hot school meals is prepared offsite and either delivered hot or reheated in the school.
There are numerous suppliers of school meals nationwide with no one person or body holding the contract to provide meals for the programme. My Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant HACCP, Food Safety regulations and the Nutritional Standards for School Meals. The Nutritional Standards for School Meals were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive. Details on the type of food to be provided per the Nutritional Standards can be viewed gov.ie - School Meals (www.gov.ie).
In terms of assessing whether schools meet the requirements set out in the nutritional standards, schools are required to submit a sample menu with their application and detailed records at the end of each school year. Expenditure on unhealthy food items is deducted from the funding allocation.
Schools associated with an ETB make an application for funding in their own right and funding is issued directly to the ETB bank account. This funding is then distributed to the school on confirmation of the funding allocation by my Department.
My Department has not been informed of the termination of hot meals in any school approved for the current academic year and schools have recently received their second instalment of funding to cover the 22 weeks from January to June.
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, including the funding rates currently being provided for the various meal options.
I trust this clarifies the matter.
871. Deputy Michael Healy-Rae asked the Minister for Social Protection if the case of a person (details supplied) will be examined and addressed; and if she will make a statement on the matter. [63858/22]
View answerThe person concerned reached pension age on 01 January 2013.
Section 110 (1) of The Social Welfare Consolidation Act 2005, as amended, provides that a Self-Employed contributor shall not be regarded as satisfying the qualifying conditions for State Pension (contributory) unless all outstanding self-employment contributions are paid. It further provides that where outstanding self-employment contributions are paid subsequent to an applicant reaching pension age, State pension (contributory) will be awarded from the date on which self-employment liability is deemed as discharged.
The person concerned was advised on 7 March 2014 that they had outstanding self-employment liabilities for the year 2008. They were advised to notify the Department when the liability was discharged and their entitlement would be reviewed.
Following a review of entitlement in December 2022, the State Pension (contributory) was awarded from 1 November 2014, the date the outstanding liabilities were discharged.
The person concerned was notified in writing on 21 December 2022.
I hope this clarifies the position for the Deputy.
872. Deputy Michael Fitzmaurice asked the Minister for Social Protection when a decision will be made on a carer’s allowance application by a person (details supplied); and if she will make a statement on the matter. [63883/22]
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.
I confirm that my Department received an application for Carer’s Allowance (CA) from the person concerned on 2 September 2022.
Domiciliary Care Allowance (DCA) is a monthly payment for a child aged under 16 with a severe disability, who requires on-going care and attention, substantially over and above the care and attention usually required by a child of the same age.
Domiciliary Care Allowance (DCA) must be in payment in order for a care provider to be eligible for Carer's Allowance in respect of a care recipient under 16 years of age. As Domiciliary Care Allowance (DCA) was not in payment in respect of the care recipient, a Deciding Officer decided that the person concerned was not entitled to Carer's Allowance.
The person concerned was notified on 28 September 2022 of this decision, the reason for it and of the right of review and appeal.
As Domiciliary Care Allowance (DCA) has now been awarded in respect of the care recipient, the person concerned requested a review of this decision on 5 December 2022. Following that request, the Carer's Allowance application is now under review and a further information request was issued to the person concerned on 20 December 2022. Once the requested information has been received, the Carer's Allowance claim can be assessed.
I hope this clarifies the position for the Deputy.
873. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will examine the case of a person (details supplied) regarding a contributory pension; and if she will make a statement on the matter. [63920/22]
View answerThe person concerned reached pension age on 15 July 1999. Their application for State Pension (contributory) was received on 02 March 2012.
At that time, legislation provided for backdating of late State Pension (contributory) and Allowance applications on a proportionate basis based on the length of time from date of receipt of the application to date of entitlement to State Pension (Contributory). As the period in this case exceeded 5 years, the pension was backdated by 125 weeks plus 10% of the period exceeding 5 years in accordance with the terms of the legislation.
I hope this clarifies the position for the Deputy.
874. Deputy Rose Conway-Walsh asked the Minister for Social Protection the pathway for a PhD researcher (details supplied) to access maternity benefit; and if she will make a statement on the matter. [63925/22]
View answerMaternity Benefit is a payment made to women who are on maternity leave from work and covered by social insurance (PRSI).
The main provisions relating to Maternity Benefit are in the Maternity Protection Acts, 1994 and 2004, Chapter 9 of Part II of Social Welfare (Consolidation) Act, 2005, and Chapter 2 of Part II of Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (as amended).
Maternity Benefit is paid by the Department of Social Protection to women who have a certain number of paid P.R.S.I. contributions on their social insurance record and who are in insurable employment up to the first day of their maternity leave.
There are several pathways in which a claimant can satisfy the P.R.S.I. contribution requirements. The three most recent complete calendar years are considered along with the current year. The different pathways are detailed below. Each claimant must satisfy one of the following:
1. 39 contributions in the Relevant Tax Year (RTY): the relevant tax year is 2 years prior to the current year; in this case this would be 2020.
2. 39 contributions in the year following the RTY. In this case, it would be 2021.
3. 39 contributions in the 12 months prior to the start of her Maternity Leave.
4. 26 contributions in the RTY and 26 in the year prior to this.
Unfortunately, the person concerned does not satisfy any of these PRSI requirements.
The person concerned submitted an application for Maternity Benefit on 04 November 2022 and a decision letter was posted to her on 16 November 2022, stating the reason why the claim was disallowed (Insufficient PRSI contributions). Upon receipt of the Deputy's enquiry, the PRSI details were once again reviewed, confirming the original decision. The person concerned does not have the required number of PRSI contributions set forth in the governing legislation.
There are different payments available to claimants when a baby is born if they do not qualify for Maternity Benefit. In some cases, they may be able to stay on their current payment or they may qualify for another payment. If they are working more than 19 hours a week on low pay and they have a family, they may qualify for Working Family Payment (WFP) (formerly known as Family Income Supplement). If they are parenting alone, they may qualify for the One-Parent Family Payment. The person concerned should contact her local Intreo Centre or local Social Welfare Branch Office to discuss her options.
I trust this clarifies the position for the deputy.
875. Deputy Maurice Quinlivan asked the Minister for Social Protection the position regarding the case of a person (details supplied) who, following allocation to council housing, applied for the new home kit (exceptional needs payment) for flooring and was awarded significantly less than what is needed to complete the works; and if she will make a statement on the matter. [63930/22]
View answerThe purpose of an Exceptional Needs Payment (ENP) is to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. Decisions on ENPs 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.
The person concerned applied for an ENP for assistance with flooring costs for his new home and provided quotations for same. Having considered all aspects of the application, including household income of approximately €1,000 per week made up of a social welfare Carer’s Benefit payment and wages for the person and their spouse, the Designated Officer awarded an ENP of €1,000.
The person concerned was informed of the award in a letter dated 19/12/2022 and was further advised if unhappy with the outcome they could request a review by setting out the grounds for this review in writing to the SWA Reviewing Officer, FREEPOST, P.O. Box 700, Clondalkin, Dublin 22.
I hope this clarifies the matter.
