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Tuesday, 24 Jan 2023

Written Answers Nos. 381-401

Public Sector Pay

Questions (381)

Brendan Howlin

Question:

381. Deputy Brendan Howlin asked the Minister for Social Protection the current status of the pay claim submitted on behalf of community employment supervisors and assistant supervisors; and if she will make a statement on the matter. [3228/23]

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Written answers

Firstly, I wish to acknowledge the valuable and dedicated service that CE supervisors/assistant supervisors provide in running CE schemes in delivering local based community services while providing a valuable training and development opportunity to the long-term unemployed and to those often furthest removed from the labour market.

CE supervisors and assistant supervisors are employees of individual CE schemes, which are funded by the Department. The Department is not the employer of this group of workers.

As the funder of CE schemes, the Department received correspondence last year from Fórsa and SIPTU seeking a pay increase for CE supervisors and assistant supervisors. Fórsa and SIPTU subsequently referred this pay claim to the conciliation service of the Workplace Relations Commission (WRC). The WRC issued an invite to the Department to take part in a conciliation process in December 2022. Following Government approval, the Department responded to the WRC indicating that it will engage with a WRC conciliation process, in its role as funder of these schemes. While the organisation and timing of the conciliation process is a matter for the WRC, it is expected that the process will commence in the early days of February.

Any increase in pay rates that would potentially increase the overall cost to the state of funding schemes, or state funded activities in the wider community and voluntary sector, must take into consideration the potential cost to the exchequer. Given these budgetary implications, and the possible referral of other similar claims to the WRC, the Department will also continue to engage with the Department of Public Expenditure and Reform during the WRC process. If there are budgetary implications arising from the WRC process - these will need Government approval.

Minister Humphreys and I are fully committed to the future of CE and will continue to support and improve CE for the benefit of the supervisors and participants, given the valuable contribution being made to local communities through the provision of services.

I trust this clarifies the matter for the Deputies.

State Pensions

Questions (382)

Mark Ward

Question:

382. Deputy Mark Ward asked the Minister for Social Protection the supports available to those workers who are currently receiving the State pension but are unable to continue working for a short period of time due to medical reasons; and if she will make a statement on the matter. [2700/23]

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Written answers

Recipients of the State Pension Contributory can continue to work with no limit to earnings. Currently, where a person is in receipt of the State Pension Contributory and is in employment, no employee social insurance contributions are payable and either a nil liability, or reduced rate, applies to their employer.

The provision for Illness Benefit is paid only to people below State pension age. This is set out in the legislative provisions of the Social Welfare Consolidation Act 2005 governing entitlement to the benefit.

Recipients of State Pension payments may, subject to satisfying eligibility conditions, also have access to a range of additional supports including the living alone allowance, fuel allowance, telephone support allowance, the Household Benefits package and Free Travel.

My Department may also make an additional needs payment to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from their weekly income. This is administered by this Department’s Community Welfare Service and can be accessed by customers through their local Intreo Office.

I trust this clarifies the matter for the Deputy.

Social Welfare Rates

Questions (383)

Robert Troy

Question:

383. Deputy Robert Troy asked the Minister for Social Protection the estimated cost of increasing the fuel allowance to €40 per week for the 2023-2024 period; and if she will make a statement on the matter. [2703/23]

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Written answers

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.

Based on an estimated 450,000 recipients of the Fuel Allowance payment, the estimated cost of increasing the fuel allowance payment to €40 a week for the 2023/24 period is as follows:

Weekly Increase to the Rate of Fuel Allowance

Number of weeks payable

Estimated Number of Recipients

Estimated Additional Yearly Cost

€7

28

450,000

€88.2M

Any decision to extend the eligibility criteria for Fuel Allowance or to increase the weekly rate payable would have to be considered in a budgetary context.I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (384)

Bernard Durkan

Question:

384. Deputy Bernard J. Durkan asked the Minister for Social Protection if there are plans under way to ensure that adequate support is provided to home-dialysis patients in the context of the current energy and cost-of-living crisis to ensure that this patient group continue to receive their lifesaving and sustaining treatment at home and can afford same; and if she will make a statement on the matter. [2711/23]

View answer

Written answers

The Government is committed to protecting vulnerable households from the impact of energy costs through a combination of supports, energy efficiency awareness initiatives and investment in programmes to improve the energy efficiency of the housing stock.

With regard to income supports, my Department provides a range of schemes to assist with energy costs subject to satisfying the relevant qualifying conditions. These include -

- The Fuel Allowance which is a payment of €33 per week for 28 weeks (giving a total per recipient of €924 each year) from late September to April (estimated to cost €412 million in 2023).

- Electricity or gas allowances under the Household Benefits scheme.

- A special heating supplement under the Supplementary Welfare Allowance scheme.

- Exceptional needs payments to help meet an essential once-off cost which an applicant is unable to meet out of his/her own resources.

Furthermore, in Budget 2023, the Government 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, an Autumn Cost of Living Double Payment was paid to Social Protection recipients in October. In November, a €200 Lump Sum Payment was paid to pensioners and people with a disability receiving the Living Alone Allowance, a €500 lump sum was paid to people receiving Carer’s Support Grant and a €500 lump sum was paid to people in receipt of Disability Allowance, Invalidity Pension and Blind Pension. A €400 additional Lump Sum payment was made to all households in receipt of the Fuel Allowance Payment.

In December, a Christmas Bonus Double Payment was paid to 1.3 million Social Protection recipients including pensioners, carers and people with disabilities.

From January 2023, the maximum rate of core Social Welfare rates was increased by €12 per week. There were proportionate increases for qualified adults and for people getting a reduced rate. The weekly full rate for a qualified child was increased to €42 for children under 12 years of age and to €50 for children aged 12 years and over.

Also, from January 2023, a new means threshold for the Fuel Allowance scheme was introduced for people aged 70 years and over. The new means threshold is €500 for a single person and €1,000 for a couple. The weekly means threshold for those aged under 70 was increased by €80 to €200 above the appropriate rate of State Pension (Contributory). Similarly, the allowable means for HHB purposes for those aged between 66-69 not in receipt of a qualifying payment was increased by €80 to €200 above the appropriate rate of State Pension (Contributory).

The enhanced electricity credit of €600 is another important Government measure announced in the Budget. This will also benefit all households. The first €400 was applied to electricity bills in November and January.

The Government will continue to monitor the cost-of-living situation closely.

I trust that this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (385)

Bernard Durkan

Question:

385. Deputy Bernard J. Durkan asked the Minister for Social Protection if home-dialysis patients can be included in the fuel allowance scheme given that they carry out their life sustaining and saving treatments in their own homes at a significant saving to the State and due to their condition require adequate heat; and if she will make a statement on the matter. [2712/23]

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Written answers

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.

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 relevant qualifying criteria including a means test and the household composition criteria. This ensures that the Fuel Allowance payment is targeted at 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.

Fuel Allowance can only be awarded if an applicant satisfies the qualifying conditions and cannot be awarded solely due to a person’s medical circumstances.

The Fuel Allowance payment is not the only support the Department provides to help people with their heating bills. The Household Benefits package (HHB) comprises the electricity or gas allowance, and the free television licence. The package is freely available to those aged 70 or over irrespective of if they are in receipt of a Social Welfare payment. The gas and electricity element are paid at a rate of €35 per month, 12 months of the year.

The Department of Social Protection also 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.

In addition, under the Supplementary Welfare Allowance scheme, a special heating supplement may be paid to assist people in certain circumstances that have special heating needs (e.g. in the case of ill health, infirmity or a medical condition).

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (386)

Seán Sherlock

Question:

386. Deputy Sean Sherlock asked the Minister for Social Protection the number of applications for additional needs and exceptional needs payments, by county, in 2022; and the number of applications awarded, in tabular form, and the average time of a decision. [2718/23]

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Written answers

The Community Welfare Service is committed to providing a quality service to all citizens, ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.

Where it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. Community Welfare Officers are very experienced and can generally assess when a case is so urgent that it requires an immediate response. Approximately 10% of CWS payments to customers across the country are made on this basis, which shows just how responsive the service is to an urgent customer need.

The majority of applications are finalised within two weeks of receipt of a completed application form and the necessary documentation.

The following is a table of ANPs registered by county in 2022:

County

Registered

Carlow

2,391

Cavan

2,214

Clare

5,129

Cork

11,733

Donegal

7,369

Dublin

38,276

Galway

6,201

Kerry

8,164

Kildare

4,430

Kilkenny

2,994

Laois

2,877

Leitrim

1,899

Limerick

5,315

Longford

2,891

Louth

4,000

Mayo

4,584

Meath

5,515

Monaghan

1,041

Offaly

3,111

Roscommon

1,983

Sligo

2,725

Tipperary

4,949

Waterford

3,944

Westmeath

4,342

Wexford

4,059

Wicklow

4,358

Unknown

75

Grand total

146,569

I trust this clarifies the matter.

Social Welfare Appeals

Questions (387)

Bernard Durkan

Question:

387. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for jobseeker's benefit in the case of a person (details supplied); and if she will make a statement on the matter. [2728/23]

View answer

Written answers

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 July 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 8 August 2022. The case was referred to an Appeals Officer on 10 August 2022. The Appeals Officer, 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 22 November 2022.

Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed under section 317 of the Social Welfare Consolidation Act, 2005 by an Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals Office for consideration. In addition, the Chief Appeals Officer has power under section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (388)

Seán Haughey

Question:

388. Deputy Seán Haughey asked the Minister for Social Protection if claimants of partial capacity benefit who are post-1965 civil servants and who are only on pension rate of pay, who become ill, are then entitled to an increase to the rate that they receive equivalent to the full-rate paid in respect of the invalidity pension; the circumstances in which such claimants not entitled to this rate increase; if circular 6/95 is relevant to these cases; and if she will make a statement on the matter. [2734/23]

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Written answers

Partial Capacity Benefit is a scheme which extends the Illness Benefit and Invalidity Pension schemes to recognise and respond to the reality that some people in receipt of these payments have a capacity to engage in open market employment while continuing to need to receive some income support from the State.

People in receipt of Invalidity Pension or Illness Benefit (the latter for a minimum of 26 weeks) who wish to return to work are eligible for Partial Capacity Benefit if their capacity for work is reduced as a result of their medical condition.

Circular 6/95 refers to the change that post-1995 civil servants pay Class A PRSI – this in turn entitles them to Invalidity Pension and Illness Benefit, which may lead to Partial Capacity Benefit.

It is important to note that once the person qualifies for Partial Capacity Benefit, the only two factors that have an impact on the individual personal rate of payment are the scheme the person moved from (Illness Benefit or Invalidity Pension) and the result of their medical assessment.

After the medical assessment, if a person's disability is rated as moderate, severe or profound, their payment continues at 50%, 75% or 100% per cent of their existing rate, respectively. If assessed as mild, they will not qualify for Partial Capacity Benefit. The duration a person can be in receipt of Partial Capacity Benefit is linked to the payment they moved from. For someone moving from Illness Benefit, the maximum duration is two years (less the 26 weeks required to be eligible). In the case of Invalidity Pension, a maximum duration of 156 weeks applies.

If a person who is in receipt of Partial Capacity Benefit becomes ill and is unable to work for a period, they should contact the Partial Capacity Benefit Section. The Department of Social Protection will reassess the Partial Capacity Benefit claim and the customer may revert to their underlying scheme of Illness Benefit or Invalidity Pension.

If and when they become able for work again, they should contact the Partial Capacity Benefit Section who will advise on the options available to them. If the medical assessment finds that the person is more restricted in their capacity to work than before, their rate will reflect this.

Partial Capacity Benefit, Invalidity Pension and Illness Benefit are statutory schemes and the Social Welfare Consolidation Act 2005 as amended applies, together with S.I. 142 of 2007 (as amended).

If the Deputy wishes to supply details of a particular case I can get a deciding officer to review all entitlements. I trust this clarifies the matter for the Deputy.

Pension Provisions

Questions (389)

Ivana Bacik

Question:

389. Deputy Ivana Bacik asked the Minister for Social Protection the position regarding the need to require of pension providers that they disclose the portion of any pension fund available for investment here is made up of fossil fuel assets and that they provide an option to pension holders to opt for a fund which does not include fossil fuel; her Department’s role in the State’s divestment from fossil fuels.; and if she will make a statement on the matter. [2745/23]

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Written answers

The matters referred to by the Deputy were considered by my Department under Action 12 of the Climate Action Plan 2019. A Working Group was established to consider Action 12 and finalised a report in December 2019, which was submitted to the then Minister in January 2020.

Amongst other things, the Report proposed that, in light of current and forthcoming EU initiatives and Ireland’s commitment to our 2030 Climate and Energy Goals, Action 12 should be considered in broader terms than simply a strict requirement on pension providers to disclose what portion of any fund is made up of fossil fuel assets and a requirement to provide an option to pension-holders to opt for a fund which does not include fossil fuel.

The Report’s proposals were integrated into the work of the Department in relation to –

- significant developments taking place in the area of sustainable finance across the EU which includes various legislative measures such as the IORP II Directive, Sustainable Finance Disclosure Regulation (‘SFDR’), Sustainable Finance Benchmarks Regulation and the Taxonomy Regulation. These measures, some of which have already been implemented, set out requirements for pension schemes in respect of such matters as the disclosure of information on Environmental, Social and Governance (‘ESG’) factors and the integration of sustainability risks in investment decision-making.

- various initiatives being advanced by Government under the Roadmap for Pensions Reform, including those in relation to Master Trusts and an Automatic Enrolment retirement savings system which will better equip pension schemes to provide investment choice and meaningful disclosure.

The policy initiatives and EU developments referred to above will reshape the Irish pension landscape over the coming years and will, collectively, provide for the meaningful disclosure of sustainability information and other matters.

Currently, environmental disclosure requirements applying to Irish pension schemes include -

- the IORP II Directive, which has been transposed in Irish law, provides for the consideration of ESG factors in relation to Investment (Article 19); General governance (Article 21); Risk management (Article 25); Own risk assessment (Article 28); Statement of Investment Policy Principles (Article 30) and information to be provided to prospective members (Article 41), and

- SFDR, which has direct effect, seeks to achieve greater transparency regarding how financial market participants (including pension schemes) integrate ESG risks into their investment decisions and provides for specific disclosure requirements in this regard including policies on the integration of sustainability risks in the investment decision-making process (Article 3); a statement concerning adverse sustainability impacts (Article 4) and information on the integration of sustainability risks to be provided as part of pre-contractual disclosures (Article 6).

As the Deputy will be aware, the National Treasury Management Agency ('NTMA') provides a range of asset and liability management services to the Government. The Fossil Fuel Divestment Act 2018 amended the National Treasury Management Agency (Amendment) Act 2014, in order to, amongst other things, impose certain prohibitions and restrictions with respect to investment by the NTMA in fossil fuel undertakings. My Department has no role in respect of such matters as the National Treasury Management Agency Acts come within the policy remit of the Minister for Finance with responsibility for Ireland's energy and climate action policies coming within the remit of the Minister for the Environment, Climate and Communications.

I trust this clarifies matters for the Deputy.

Social Welfare Eligibility

Questions (390)

Mairéad Farrell

Question:

390. Deputy Mairéad Farrell asked the Minister for Social Protection if she has considered extending the cost-of-living €500 lump sum payment included in budget 2023 to those on community employment schemes; and if she will make a statement on the matter. [2831/23]

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Written answers

The aim of the Community Employment (CE) programme is to enhance the employability of disadvantaged and long-term unemployed people by providing work experience and training opportunities for them within their local communities. The programme aims to improve participants' opportunities to return to work in the open labour market.

Budget 2023 was designed to assist recipients of Social Protection payments with Cost-of-Living increases through a mix of lump sum payments, increases to weekly payment rates and an expansion of the Fuel Allowance scheme. CE participant wage rates are determined by their underlying social welfare payment (called the scheduled rate) at the time of commencement, subject to a minimum payment. The minimum payment on CE increased as part of Budget 2023 from €230.50 to €247.50 per week, from January 2023. Those in receipt of an increase for a Qualified Child also benefitted from a €2 weekly increase, while those in receipt of an Increase for a Qualified Adult benefitted from an additional €8 weekly increase. In addition, a number of once off bonus payments were announced in Budget 2023, which benefitted eligible CE participants, including a once off payment of €400 for those in receipt of the Fuel Allowance and a €200 lump sum payment for those in receipt of a Living Alone Allowance. These are in addition to the Autumn Cost of Living double week payment, the double payment of Child Benefit in November and the Christmas double payment made in December 2022. The Cost-of-Living Disability Support Grant (€500) was paid to people in receipt of a disability allowance, invalidity pension and blind persons pension. It was not payable to participants on CE.

I trust this clarifies the matter for the Deputy.

Community Employment Schemes

Questions (391)

Pádraig O'Sullivan

Question:

391. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if she intends to issue a further extension beyond March 2023 to participants of the community employment scheme, particularly in rural areas where current recruitment can be difficult. [2850/23]

View answer

Written answers

The aim of the Community Employment (CE) programme is to enhance the employability of disadvantaged and long-term unemployed people by providing work experience and training opportunities for them within their local communities. The programme aims to improve participants' opportunities to return to work in the open labour market.

As the economy and society emerged from COVID, it was clear that some schemes were encountering difficulties maintaining services, as participants with COVID related extended contracts started to leave schemes from April 2022. This led to an increased turnover of participants which could have had an impact on services provided by schemes. As a consequence, Minister Humphreys and I introduced a number of reforms to CE, to minimise the impact on schemes and services they provide.

One of the changes introduced granted CE sponsors some flexibility to extend individual placements and to retain existing participants in cases where no replacement is immediately available. It is expected that a number of these extensions will be coming to an end in the coming months.

In order to combat existing and upcoming vacancies on CE, the candidate referral process for CE has been reviewed and changed. Schemes have been given new flexibility to allow them to directly recruit eligible candidates to fill 30% of places but are also mandated to accept and place at least 60% of people referred by Intreo. This is to ensure that places do not go unfilled when there are candidates available from the Live Register.

However, if the Deputy is aware of a specific problematic case, the sponsor can be advised to contact the local Community Development Officer with responsibility for their scheme, who will assist them with this process.

It remains important that CE places are available for persons who are long term unemployed to assist them return to employment in the labour market. Therefore, extensions are only approved in specific circumstances where an extension will not prevent an incoming long term unemployed person the opportunity to take up a CE place.

I trust this clarifies the position for the Deputy.

Community Employment Schemes

Questions (392)

Brendan Griffin

Question:

392. Deputy Brendan Griffin asked the Minister for Social Protection if a person (details supplied) can take up a community employment scheme if they are six months away from eligibility and there is nobody else to take up the post; and if she will make a statement on the matter. [2959/23]

View answer

Written answers

The aim of the Community Employment (CE) programme is to enhance the employability of long-term unemployed people by providing work experience and training opportunities within their local communities on a temporary fixed term basis. The programme aims to improve a person’s opportunities to return to employment.

I am very conscious of the important role that CE schemes play in providing valuable occupational experience and training as a stepping-stone to employment for people who are long term unemployed. Schemes also provide important and, in many cases essential, services to their local communities.

Thankfully, given the strong labour market performance the number of unemployed people dependent on social welfare payments continues to fall. While this is very welcome it also means that the number of candidates available for CE also falls. This creates an obvious challenge.

Having said that, it is not an insurmountable challenge, and working together with CE sponsors we can, and have, devised changes that will help the schemes to continue to support their local communities. Minister Humphreys and I have announced a number of reforms and enhancements to CE over the past year.

These changes included a provision to allow CE participants who reach 60 years of age to remain on CE until they reach state pension age. We also updated the baseline year for CE which opens the scheme to a cohort of people who had previously participated in the scheme. A new pilot scheme to extend CE eligibility to people who are Qualified Adults on a jobseeker claim will be rolled out in the coming weeks: these customers are generally unemployed partners of people in receipt of a jobseekers payment.

The candidate referral process for CE has been reviewed and changed. Schemes have been given new flexibility to allow them to directly recruit eligible candidates to fill 30% of places but are also mandated to accept and place at least 60% of people referred by Intreo. This is to ensure that places do not go unfilled when there are candidates available from the Live Register. CE sponsors have also been granted some flexibility to extend individual placements and to retain existing participants in cases where no replacement is immediately available.

We need to ensure that employment support programmes such as CE, which were designed to assist those furthest from the labour market, continue to be available for those who would benefit most from these programmes. For CE, this continues to be those who have been out of work for a year and so it is not possible to facilitate people who have only been on the Live Register for shorter periods of time. There are a range of other employment supports available to short term unemployed persons and I would advise this person in question to contact their local Intreo Office to avail of these supports.

Eligibility criteria for CE continue to be kept under active review by my Department officials to ensure the best outcomes for individual participants, to support the vital community services delivered by schemes and to take account of changes to the labour market.

I trust this clarifies matters for the Deputy.

State Pensions

Questions (393)

Éamon Ó Cuív

Question:

393. Deputy Éamon Ó Cuív asked the Minister for Social Protection the status of an overpayment assessment of a State pension in the case of a person (details supplied); the reason for the delay in making a decision on the case; and if she will make a statement on the matter. [2960/23]

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. Recipients of state pension non-contributory are obliged to notify the Department of any changes in their circumstances that may affect their pension entitlement. A list of the reportable changes of circumstance is included in the initial notification of pension award and in all subsequent review communications issued.

Social welfare legislation provides that the personal representative of a deceased person who, at any time, received a means-tested payment, is obliged to give notice to the Department of their intention to distribute the deceased's estate and to provide a schedule of the assets. They are requested not to distribute the estate until they receive formal clearance from the Department. If, on examination of the schedule of assets, it is found that not all of the deceased’s means had been disclosed, or if the value(s) of previously assessed means had changed, the Department will seek to recover any monies overpaid from the estate.

In the case the Deputy is querying, the deceased was a recipient of state pension non-contributory. A schedule of the assets was received by the Department on 3 September 2020. Following examination, the Deciding Officer referred the case for investigation to a Social Welfare Inspector, who wrote to the personal representative on 17 September 2020 requesting additional information. The Inspector notified the personal representative on 1 April 2021 that a re-assessment of the deceased’s means based on new information provided indicated that the deceased had been overpaid.

A settlement offer was submitted by the personal representative to the Inspector in February 2022. The offer was not accepted by the Department.

In March 2022, the Inspector referred the case file to a Deciding Officer for consideration and formal revised decision on the pension entitlement of deceased. A natural justice letter issued on 23 September 2022 to the personal representative and the solicitors representing the estate outlining the basis of the proposed revised decision raising an overpayment and inviting the personal representative (within 21 days) to forward any further statement or evidence they wished to make available to the Deciding Officer. To date no reply has been received in this matter.

Irish and EU legislation provides that where a claimant who has incurred a social security scheme overpayment is found to have had an entitlement to another scheme payment, the amount of accrued entitlement of the latter can be used to offset against the overpaid amount, in order to reduce or repay their debt.

The Department has established that the deceased person had no state pension contributory entitlement based on their Irish social insurance record. Any entitlement on the basis of their combined Irish and UK insurance records is being examined. When complete, the Deciding Officer will issue their revised decision, without further delay, to the personal representative and to inform them of their right, if dissatisfied with the decision, to request a review, or to appeal the decision to the independent Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (394)

Bernard Durkan

Question:

394. Deputy Bernard J. Durkan asked the Minister for Social Protection if an oral hearing will be facilitated in the pending appeal of a person (details supplied); if all reckonable contributions paid to date by the person have been used in the calculation of his entitlement; and if she will make a statement on the matter. [2968/23]

View answer

Written answers

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 8 September 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 11 November 2022.

The case was referred on 15 November 2022 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 hearing. The Appeals Officer's examination of the case will include consideration of the appropriate reckonable contributions in determining the entitlement of the person concerned.

The Regulations governing appeals provide that it is a matter for the Appeals Officer to determine whether an oral hearing is required or whether an appeal can be decided by way of summary decision.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (395)

Richard Boyd Barrett

Question:

395. Deputy Richard Boyd Barrett asked the Minister for Social Protection if she will provide a breakdown of applications for exceptional needs payments due to financial hardship, by social welfare areas, month by month for 2021 and 2022; and if she will make a statement on the matter. [2998/23]

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Written answers

Under the supplementary welfare allowance scheme, my Department may make Additional Needs Payments to help meet expenses that a person cannot pay from their weekly income. This is an overarching term, that includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary.

Additional Needs Payments are demand led and 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.

The reporting of this scheme was revised in 2022 to extract more complete information. A statistical summary will be published on a quarterly basis for 2023 onwards. Statistics are not available on applications received for 2021.

Table 1 shows the breakdown of Additional Needs Payment applications by month for 2022.

Table 2 shows the breakdown of Additional Needs Payment applications by County for 2022.

As the figures represent a snapshot of claim activity, they are subject to change.

Any person who considers that 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.

Tabular Statement

Table 1- Additional Needs Payment Applications by month for 2022

Month

Registered

Jan-22

5,350

Feb-22

6,024

Mar-22

7,476

Apr-22

8,031

May-22

11,700

Jun-22

14,888

Jul-22

17,229

Aug-22

15,176

Sep-22

16,710

Oct-22

16,108

Nov-22

15,537

Dec-22

12,340

Grand Total

146,569

Table 2- Additional Needs Payment Applications by County for 2022

County

Registered

Carlow

2,391

Cavan

2,214

Clare

5,129

Cork

11,733

Donegal

7,369

Dublin

38,276

Galway

6,201

Kerry

8,164

Kildare

4,430

Kilkenny

2,994

Laois

2,877

Leitrim

1,899

Limerick

5,315

Longford

2,891

Louth

4,000

Mayo

4,584

Meath

5,515

Monaghan

1,041

Offaly

3,111

Roscommon

1,983

Sligo

2,725

Tipperary

4,949

Waterford

3,944

Westmeath

4,342

Wexford

4,059

Wicklow

4,358

Unknown

75

Grand Total

146,569

Social Welfare Appeals

Questions (396)

Paul Kehoe

Question:

396. Deputy Paul Kehoe asked the Minister for Social Protection if assistance can be offered in issuing a decision on the carer's allowance appeal for a person (details supplied); and if she will make a statement on the matter. [3015/23]

View answer

Written answers

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 28 September 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. These papers were returned to the Appeals Office on 26 October 2022 and referred on 2 November 2022 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented. It is envisaged that the decision will issue to the person concerned in the near future.

I trust this clarifies the matter for the Deputy.

Public Sector Pensions

Questions (397)

Frankie Feighan

Question:

397. Deputy Frankie Feighan asked the Minister for Social Protection if community supervisors will be permitted to apply to extend their retirement age to 70 years for those turning 66 years from January 2024; and if she will make a statement on the matter. [3019/23]

View answer

Written answers

The Community Employment Scheme (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis.

The programme is delivered through independent CE sponsor organisations that receive state funding from the department to cover the cost of CE participant, supervisor and assistant supervisor remuneration.

As the Deputy is aware, in response to the recommendations from the Commission on Pensions, a set of new pension measures were approved by Cabinet in September 2022. The set of reforms agreed include maintaining the state pension age at 66, introducing a new flexible pension age model which will mean that from January 2024 people will have the option to continue working up until the age of 70 in return for a higher pension. The new model, once implemented, will apply to workers across the state including CE supervisors and assistant supervisors.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (398)

John Paul Phelan

Question:

398. Deputy John Paul Phelan asked the Minister for Social Protection the plans in place to financially assist promptly through social welfare or other means those suffering from long-Covid who cannot work; and if she will make a statement on the matter. [3028/23]

View answer

Written answers

My Department provides a suite of income supports for those who are unable to work due to an illness or disability. It is important to note that entitlement to these supports is generally not contingent on the nature of the illness or disability but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work. Budgetary provision is not made in respect of any individual illness or disease.

Illness Benefit is the primary income support payment for people who are unable to attend work due to illness of any type and who are covered by social insurance contributions. It may be payable for up to two years, depending on satisfying the eligibility conditions.

If a person does not qualify for Illness Benefit he or she may consider applying for Disability Allowance. Disability Allowance is a means-tested scheme for people who have an injury, disease or physical or mental disability that has continued for at least one year, or is expected to continue for at least one year, and because of that disability they are substantially restricted in carrying out work that would be suitable for a person of the that age, experience and qualifications.

Apart from these income supports, my Department also provides means tested supports under the Supplementary Welfare Allowance scheme for people who are ill but who do not qualify for Illness Benefit or Disability Allowance. These payments help 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 in employment. The payment amount will depend on a person’s weekly household income, their outgoings and the type of assistance needed.

My Department keeps the range of income supports under review in order to make sure they meet their objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (399)

Chris Andrews

Question:

399. Deputy Chris Andrews asked the Minister for Social Protection the social welfare supports available to assist a person (details supplied) whose partner has recently passed away. [3113/23]

View answer

Written answers

The question refers to the position of a person whose partner has recently passed away and who is now parenting alone but who does not qualify for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension. Firstly, I would like to offer my condolences to the person concerned.

The Jobseeker's Transitional Payment is one of the supports that my Department provides for people who are parenting alone. It is a means tested payment for people who are parenting alone and whose youngest child is aged between 7 and 13 years of age. It may be that the person to whom the Deputy refers would be eligible for that payment.

However, to ascertain what supports the person may be eligible for from my Department, I would suggest that the person call to their local Intreo office and talk to the staff there as they will be able to advise the person appropriately based on the circumstances of their particular situation.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (400)

Robert Troy

Question:

400. Deputy Robert Troy asked the Minister for Social Protection if she will provide an update on the contributory pension review of a person (details supplied). [3131/23]

View answer

Written answers

The person concerned reached pension age on 31 March 2014. An application for State Pension (contributory) was received on 25 May 2022.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. Factors such as an individual’s social insurance record, their attachment to the workforce, and their countries of employment affect the rate of pension entitlement.

According to the records of my Department, the person concerned has a total of 450 paid full-rate social insurance contributions. Since their contributions fall short of the requisite 520 paid full-rate contributions, they do not qualify for State pension (contributory).

They were notified in writing of this decision on 13 June 2022, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and/or appeal. Upon receipt of further information, a review of their contribution history record can be carried out and their entitlement to State Pension (contributory) re-examined, if applicable.

It is also open to them to apply for State Pension (non-contributory). This is a means-tested payment with the maximum rate set at approximately 95% of the state pension (contributory) rate.

I hope this clarifies the position for the Deputy.

Family Resource Centres

Questions (401)

Robert Troy

Question:

401. Deputy Robert Troy asked the Minister for Social Protection if she will review the current funding band rates for family resource centres (details supplied). [3134/23]

View answer
Awaiting reply from Department.
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