Written Answers Nos. 196-215
196. Deputy Denis Naughten asked the Minister for Education the current status of the new school building for a school (details supplied); when the temporary classrooms will be provided on the site; and if she will make a statement on the matter. [15984/23]
View answerThe major building project for the school referred to by the Deputy will be delivered under my Department's ADAPT Programme.
The ADAPT Programme uses a professional external Project Manager to co-ordinate and drive the Design Team to achieve the best possible timeframe for the project through the stages of Architectural Planning to Tender and Construction.
The tender process to appoint the Design Team for this major project is currently underway.
The Project Manager is in contact with the school authorities in relation to the appointment of the Design Team, which is anticipated to be completed in Quarter 2 of 2023.
Upon appointment, the Design Team will proceed to the initial stage of Architectural Planning, Stage 1 – Preliminary Design, where the Design Team will assess the site and prepare their initial sketch schemes. A preferred design option, including the scope and extent of works to be carried out will be established during this early stage.
Until the project design is at a stage where statutory approvals, planning permission, etc are secured by the Design Team, it will not be possible to provide an estimated onsite date.
I am pleased to advise the Deputy that approval under the Additional School Accommodation scheme has issued to the school in question for the provision of 3 General classrooms under my Departments Modular Accommodation Framework.
This project is on course to be completed for upcoming academic year.
197. Deputy Mairéad Farrell asked the Minister for Education the reason the teacher allocation for a school (details supplied) did not account for the fact that it had a higher ratio than the teacher-pupil ratio of one classroom teacher to every 23 pupils; if schools which have a higher ratio are required to go through the appeals process; and if she will make a statement on the matter. [15991/23]
View answerFor the 2023/24 school year, the staffing schedule for primary schools has been improved by one point and schools will be provided with class teachers on the basis of a general average of 1 teacher for every 23 pupils, which is a historical low ratio.
The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The enrolment thresholds for the appointment of classroom teachers for the 2023/24 school year are set out in Appendix A of Circular 0006/2023, available on the Department website.
The staffing process contains an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Primary Staffing Appeals Board. The Appeals Board operates independently of the Department and its decision is final. Information on the appeals process and application forms are available in Circular 0006/2023.
198. Deputy Pauline Tully asked the Minister for Education the grounds on which a school may refuse a student the right to repeat a year at primary school level; who makes this decision; what form of appeal exists; and if she will make a statement on the matter. [15995/23]
View answerThe primary school curriculum is designed as an eight year course, including a two year infant cycle followed by six years in standards from first to sixth, with children progressing to the next grade at the end of each school year.
The Department's policy in regards to the retention of pupils in primary schools is set out in Primary Circular 32/03 ‘Retention of Pupils in same Grade in Primary Schools’ . Circular 32/03 recognises that in exceptional circumstances a school may conclude a pupil or student would benefit educationally by repeating a grade level having first consulted with the class teacher, Special Educational Needs teacher, and parents. In such circumstances there should be a clear programme outlined for such a pupil that records precisely what new approach will be used for the pupil and what its expected benefit will be.
In summary decisions in relation to requests to repeat a year are only approved by the Principal provided there is an educational basis for it, and it is clear that all parties agree that the pupil would benefit educationally by repeating a class.
199. Deputy Pauline Tully asked the Minister for Education if the procurement process for school bus contracts for extracurricular activities such as sports matches, swimming lessons or day trips considers the distance a company has to travel to and from a school; how this fits in with reaching Ireland's climate action targets; if she will review the procurement process for school bus contracts with a view to ameliorating this issue; and if she will make a statement on the matter. [15996/23]
View answerThe School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 147,900 children, including over 18,000 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country.
In addition, school transport scheme services are being provided in the current school year for over 4,500 children who have arrived to Ireland from Ukraine.
The total cost of the scheme in 2022 was €338.9m.
The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school. Extracurricular activities as outlined by the Deputy above do not fall under the remit of the School Transport Scheme and are organised by each school individually .
Under the terms of my Department's School Transport Schemes children are eligible for school transport where they reside not less than 3.2 kms from and are attending their nearest primary school or reside not less than 4.8 kms from and are attending their nearest post primary school/education centre as determined by my Department/Bus Éireann, having regard to ethos and language.
A review of the School Transport Scheme commenced in February 2021. The review is being conducted with a view to examining the current scheme, its broader effectiveness and sustainability, and to ensure that it serves students and their families adequately.
The review will also examine the potential for integration of different strands of the scheme and a more co-ordinated approach with other Government Departments that also use transport services. The review will consider issues such as climate action, supporting rural development and promoting where possible initiatives that encourage walking and cycling to school.
Significant consultation has been undertaken as part of this review. A public survey was administered for parents/guardians and students who use the service and those who do not use the service but who would like to. A broad array of stakeholders including schools, special education interest groups, industry representatives and other Government Departments were all consulted as part of this review.
Phase two of the review has progressed significantly and is being completed in tandem with phase three which is well underway.
While work on the review was impacted somewhat by the current conflict in Ukraine, and by the increased demand for the scheme in summer 2022 due to fees being waived, my officials are working to complete phase 3 of the review within the coming weeks with recommendations on the future operation of the Department’s School Transport Scheme. Once approved by Government it is planned that the review will be published.
200. Deputy Colm Burke asked the Minister for Education if she will confirm that the proposal to build a new primary school in Blarney (details supplied) can now proceed to the next stage, and that an application for planning permission can now be submitted, in view of the fact that the current school has its number of pupils capped at 306, which is inadequate due to the huge increase in population in the area; and if she will make a statement on the matter. [16007/23]
View answerThe major building project for the school referred to by the Deputy is currently at an early stage of Architectural Planning, Stage 1 – Site Suitability, Site Report & Initial Sketch Scheme Submission.
The Brief for the project is an extension/refurbishment to bring the current accommodation up to 12 classrooms on the current site of the girl’s school. In January 2021, the Brief was increased to include for an additional 3 classrooms and associated ancillary accommodation for pupils with Special Educational Needs.The Design Team have submitted a revised Stage 1 Addendum Report to incorporate the SEN Base and also Decarbonisation design options.
My Department are currently reviewing the report and if satisfactory, the School Authorities and its Design Team will be advised with regard to further progression of this project to Stage 2(a) - Developed Design, where the design is developed to a stage where the project can be fully cost-planned and can be prepared to lodge for Statutory Applications.
201. Deputy Bernard J. Durkan asked the Minister for Education the extent to which a second level school place is likely to become available for the child of a person (details supplied). [16041/23]
View answerI can assure the Deputy that the provision of school places to meet the needs of children and young people at primary and post primary level, including children and young people with special educational needs is an absolute priority for my Department.
In order to plan for school place needs, my Department divides the country into 314 school planning areas and utilises a Geographical Information System to anticipate school place demand. Information from a range of sources, including Child Benefit data, school enrolment data and information on residential development activity is used for this purpose. Additionally, Project Ireland 2040 population and housing targets inform my Department's projections of school place requirements.
While my Department is aware of enrolment pressures and demand for additional school places in Kildare, it is important to note that where enrolment pressures arise, it may not be as a result of lack of accommodation but may be driven by the following factors:
- Duplication of applications – pupils have applied for a place to a number of schools in the area
- School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area
- Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils
- External draw – pupils coming from outside the local area
My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.
Engagement is ongoing with schools and patrons with a view to making increased provision where necessary.
202. Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will have a disability allowance appeal approved. [15788/23]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions
I confirm that my Department originally received an application for DA from the person concerned on 23 June 2022.
Based on the evidence supplied in support of this person’s application, his application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 16 July 2022.
Further medical evidence was received and a review of this decision was carried out. The original decision was upheld and the person concerned was notified in writing on 24 February 2023. To date, application to appeal this decision has not been received.
It is open to the person in question to reapply for DA or request a review or an appeal of the decision 24 February 2023 to the independent Social Welfare Appeals Office (SWAO)
I trust this clarifies the matter for the Deputy.
203. Deputy David Stanton asked the Minister for Social Protection if consideration has been given to allowing for the admission of retired people to the newly expanded community employment scheme at a half rate payment similar to the half rate carer’s allowance payment; her future plans, if any, to allow those who are retired to take part in the scheme; and if she will make a statement on the matter. [15799/23]
View answerThe 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.
CE sponsoring bodies receive state funding to cover the salary costs of supervisors, assistant supervisors, and participant remuneration, along with training and material costs from my department.
CE is a working age activation scheme and CE participants who continue to be funded through CE must be of working age. As a consequence, funding for CE participants is provided up until a CE participant reaches the State Pension age, which is currently 66.
Minister Humphreys and I have announced a number of reforms and enhancements to CE since December 2021, however as the Deputy will appreciate, any extension to participation on CE beyond the State Pension age could undermine CE as an active labour market programme, which has as an objective of helping people back to work.
I trust this clarifies the position for the Deputy.
204. Deputy Michael Creed asked the Minister for Social Protection if a person (details supplied) is entitled to a re-instatement of the travel pass as a secondary benefit. [15874/23]
View answerThe person concerned had an entitlement to Free Travel which was linked to their Disability Allowance payment. The entitlement of the person concerned to Disability Allowance ceased in February 2018 as they had commenced employment.
Under my Department's Make Work Pay initiative, the person concerned was entitled to retain their entitlement to Free Travel for a period of 5 years after taking up employment. This 5 year period ended in February 2023 and, therefore, the person's Free Travel entitlement has accordingly been stopped. The Make Work Pay initiative is for people who are in receipt of a long-term disability payment and where they move off that payment to take up employment.
There is no record of the person concerned having a claim for Illness Benefit. The person did have a claim for Supplementary Welfare Allowance from November 2019 to February 2021. It should be noted that Supplementary Welfare Allowance and Illness Benefit are not qualifying schemes for receipt of Free Travel.
I hope this clarifies the matter for the Deputy.
205. Deputy Catherine Murphy asked the Minister for Social Protection if she will clarify the position in respect of a person's pension entitlement (details supplied). [15978/23]
View answerIt appears from the details provided that the person's question relates to their occupational pension in the public health service rather than to the state pension. Therefore, the retirement age and pension entitlements relating to her employment are a matter for the Minister for Health. More broadly, matters relating to the pension entitlements of public servants generally are a matter for the Minister for Public Expenditure, NDP Delivery and Reform. I understand that a Notional Service Purchase scheme is available which enables nurses and other public servants to buy extra years of service in order to enhance their occupational pension. Accordingly, the notional service purchased would relate to her occupational pension only, and is not applicable to any Department of Social Protection scheme or payment.
For information, to qualify for the State Pension (Contributory), a person must have entered the social insurance system before their 56th birthday and have paid a minimum of 520 qualifying contributions. Contributions paid at Classes B, C or D, i.e., those made by public servants recruited before 6 April 1994, are not qualifying contributions. Only those who have the minimum of 520 paid contributions may avail of PRSI credits or homecaring periods to enhance the rate at which they are paid the State Pension (Contributory).
I hope this clarifies the matter for the Deputy.
206. Deputy Bernard J. Durkan asked the Minister for Social Protection the total pension amount received for the year ending 31 December 2022 by a person (details supplied); and if she will make a statement on the matter. [16029/23]
View answerState pension non-contributory is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.
A statement of the person’s state pension non-contributory payments has issued to them, in respect of the year ending 31 December 2022.
I trust this clarifies the matter for the Deputy.
207. Deputy Bernard J. Durkan asked the Minister for Social Protection the total pension amount received for the year ending 31 December 2022 by a person (details supplied); and if she will make a statement on the matter. [16030/23]
View answerState pension non-contributory is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.
A statement of the person’s state pension non-contributory payments has been issued to them, in respect of the year ending 31 December 2022.
I trust this clarifies the matter for the Deputy.
208. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for refusal of working family payment and supplementary welfare allowance in the name of a person (details supplied); and if she will make a statement on the matter. [16034/23]
View answerWorking 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 have at least one qualified child who normally resides with them and be working a minimum of 38 hours per fortnight in ongoing insurable employment.
An application for WFP was received on 12th May 2022 for the person concerned. A letter issued on 8 July 2022 advising that the claim was disallowed as the person concerned did not meet the eligibility criteria of working a minimum of 38 hours per fortnight. The person concerned contacted the department on 6th October 2022 requesting an update on their application and advised they had not received the disallowance letter and would like the decision reviewed.
A further review was initiated on 22nd March 2023. A deciding officer requested payslips from the person concerned showing they met the eligibility criteria for the scheme on an ongoing basis.
Upon receipt of the requested documentation from the person concerned, their WFP application will be processed without delay and they will be notified of the outcome.
According to our records, we do not have a current supplementary welfare allowance application from the person concerned.
I trust this clarifies the matter for the Deputy.
209. Deputy Bernard J. Durkan asked the Minister for Social Protection the current position in regard to application for unemployment assistance or related payment in the case of a person (details supplied); and if she will make a statement on the matter. [16035/23]
View answerThe Person Concerned applied for Jobseekers Benefit on the 14th March 2023: upon receipt of outstanding information on the 28th of March their application was processed and the claim was awarded.
A decision letter to the Client issued on the 28th March 2023.
210. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal and review of a decision to refuse disability allowance in the case of a person (details supplied) can be facilitated; and if she will make a statement on the matter. [16036/23]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions
I confirm that my Department received an application for DA from the person concerned on 02 December 2022.
Based on the evidence supplied in support of this person’s application, his application for DA was disallowed on the grounds that both the medical qualifying condition was not satisfied and they did not satisfy the conditions of being habitually resident in the state.
The person concerned was notified in writing of this decision on 09 February 2023, and they were given the right to a review or an appeal.
Further medical evidence (FME) and a valid Stamp 4 in respect of habitual residence conditions (HRC) were received. Whilst the HRC conditions were met, the person concerned was disallowed on the grounds that the medical qualifying condition was still not satisfied. The person concerned was notified in writing on 15 March 2023.
A review of the decision of 15 March 2023 in relation to not satisfying the medical qualifying conditions was carried out. The original decision was upheld, and the person concerned was notified in writing on this decision on 29 March 2023 and they were given the right to a review or an appeal.
It is open to the person in question to reapply for DA or request a review or an appeal of the decision of 29 March 2023 to the independent Social Welfare Appeals Office (SWAO).
I trust this clarifies the matter for the Deputy.
211. Deputy Bernard J. Durkan asked the Minister for Social Protection the manner in which a person (details supplied) was adjudged to have no entitlement or a reduced entitlement to the guardian's payment, resulting in an overpayment; and if she will make a statement on the matter. [16037/23]
View answer212. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which any ameliorating measures can be evoked in the case of a person (details supplied); and if she will make a statement on the matter. [16039/23]
View answerI propose to take Questions Nos. 211 and 212 together.
Guardian’s Payment (Non-Contributory) is a means-tested payment made in respect of a child who satisfies the definition of “orphan” under Irish social welfare law. The means test for this payment is based on the means of the child.
Persons awarded this payment are obliged to notify the Department of any changes in their circumstances that may affect their entitlement, including a change in the means of the orphan. A list of reportable changes of circumstance is included in the initial award letter and in subsequent review communications.
In response to a routine questionnaire, received in November 2022, the person concerned advised the Department that the orphan had taken up employment in July 2022. A Deciding Officer reviewed the means to take into account the orphan's average weekly earnings and reduced the rate of payment with effect from 07/07/2022. This resulted in an overpayment of €2,516 which is recoverable by the Department.
The person concerned has lodged an appeal regarding the Deciding Officer's decision. This is currently with the independent Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.
213. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 792 of 22 March 2023, if a review might be undertaken of the decision to refuse payment given the dispute that has arisen; and if she will make a statement on the matter. [16042/23]
View answerThe Person Concerned applied for Benefit Payment for 65-Year-Olds (BP65) on the 24/05/2022. This application was refused on the basis that the qualifying conditions attached to the scheme were not satisfied.
Following an appeal the decision was upheld by the Appeals Officer thus concluding the process.
214. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the mother of a person (details supplied) qualifies for a top-up pension on the basis of her entitlement in her home country, and potentially in this country, in respect of a pension; and if she will make a statement on the matter. [16045/23]
View answerState pension contributory is payable, from age 66, to applicants who satisfy certain eligibility conditions based on the number of social insurance contributions (paid and credited) they hold over their working life. In certain cases, where an applicant has had periods of insurable employment both in Ireland and in another EU member state, or in a country with which Ireland has a bilateral social security agreement, they may have an entitlement to a pro-rata state pension contributory.
State pension non-contributory is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.
The person concerned does not have any record of insurable employment in Ireland. In order for their entitlement to state pension non-contributory to be examined, it is necessary for them to complete and submit an SPNC1 application form. To assist the person concerned, this form has been issued to them by post, should they wish to make application. On receipt of the completed pension application, the person's eligibility will be examined and they will be notified of the outcome.
I trust this clarifies the matter for the Deputy.
215. Deputy Bernard J. Durkan asked the Minister for Social Protection the current position in relation to entitlement to a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [16046/23]
View answerDisability allowance (DA) is a means-tested payment for people with a specified disability who are aged 16 or over and under the age of 66. The applicant must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect, which has lasted for one year or is expected to last for one year and, as a result of which, they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications. The person must also satisfy a means test and be habitually resident in the State.
Recognising that all work is rehabilitative, the DA scheme is structured to encourage recipients to avail of opportunities to engage in either insurable employment or self-employment. When an individual engages in work, they can avail of an income disregard of 100% of the first €165 earned per week, and 50% of earnings between €165 and €375 are also disregarded for the purpose of the means test. Any amounts over €375 are assessed in full. This disregard is available to all DA recipients who engage in employment and there are no restrictions on the hours worked each week.
Under the make work pay initiative, where a DA recipient's means exceed the limits, even after the disregard is applied to their earnings, they are entitled to retain their free travel (FT) pass for five years. The Department has also put in place a system for the fast-track reinstatement of DA to people with disabilities who have taken up or returned to an employment which subsequently did not work out within 12 months.
I trust this clarifies the matter for the Deputy.
