Written Answers Nos. 917-934
918. Deputy Paul Kehoe asked the Minister for Social Protection the reason the request for the backdating of the invalidity pension claim for a person (details supplied) was refused; if there are any circumstances that it can be considered at this time; and if she will make a statement on the matter. [17310/23]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
There has been no recent communication to the IP section in respect of this claim that closed in 2016. The person concerned was in receipt of IP from 11 December 2003 to 23 May 2016. The IP claim closed when she transferred to State Pension Contributory from 24 May 2016, with no gap in payments.
She had been awarded IP from 16 December 2004 following an appeal of the initial decision to refuse her application on medical grounds. On review of the Appeals Officer’s decision, her claim was subsequently backdated by a further year to 11 December 2003. She appealed this decision on grounds that her claim should be backdated further. However, this appeal was disallowed by an Appeals Officer (AO) of the independent Social Welfare Appeals Office (SWAO). The person in question was notified of the AO decision by letter on 14 January 2008 from the SWAO.
The matter was also brought to the Ombudsman in 2008 and they found that there were insufficient grounds to pursue the complaint relating to further backdating.
The decision of an Appeals Officer is final and conclusive except in light of new facts or evidence, the matter is now closed.
I hope this clarifies the position for the Deputy.
919. Deputy Seán Canney asked the Minister for Social Protection if she will reconsider the criteria for fuel allowance in light of the housing crisis, where many adult children cannot get accommodation and move out of home, which is preventing their parents from accessing fuel allowance; and if she will make a statement on the matter. [17335/23]
View answerThe Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €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 qualifying criteria including the household composition criteria. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.
An adult child of a householder, who is living in the family home, may result in a reduction of additional allowances such as the Fuel Allowance payment to the householder. However, the economies of scale from living together should mean that a contribution towards household costs by the adult child would compensate for any such reduction in payments from my Department.
A change in the qualifying criteria such as that proposed by the Deputy, would have to be considered in the context of budgetary negotiations. However, disregarding the income of an adult child, would change the targeted nature of the scheme and would likely result in payments being directed to households with significant income.
There will always be exceptional cases and it is for this reason that the Supplementary Welfare Allowance scheme was introduced. Additional Needs Payments as part of the Supplementary Welfare Allowance scheme are available to people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers
I hope this clarifies the matter for the Deputy.
920. Deputy Sean Sherlock asked the Minister for Social Protection if she will examine an appeal by a person (details supplied) and the salient points made therein. [17389/23]
View answerAn application for State Pension IQA by the person concerned was disallowed by a Deciding Officer of the Department on 20 February 2023. A further review by a Deciding Officer was disallowed on 07 March 2023.
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. I am informed by the Social Welfare Appeals Office that there is no record of an appeal from the person concerned being received in that Office.
In the normal course, an appeal against a decision of a Deciding Officer must be made within 21 days of the decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer.
In light of the Deputy's question, the Appeals Office has now written to the person concerned seeking grounds of appeal and an explanation for the failure to submit an appeal within the prescribed timeframe. On receipt of the response, it will be determined whether a late appeal can be accepted. Should a late appeal be accepted it will be referred to an Appeals Officer.
921. Deputy Willie O'Dea asked the Minister for Social Protection when the working family payment for a person (details supplied) will be renewed; and if she will make a statement on the matter. [17479/23]
View answerWorking Family Payment (WFP) is a weekly in-work support which provides an income top-up for employees on low earnings with children. To qualify for Working Family Payment, the customer must be working a minimum of 38 hours per fortnight in ongoing insurable employment and have at least one qualified child who normally resides with them.
WFP for the person concerned was due for renewal from 9th March 2023. We received an application and this was examined by a deciding officer. Further information was requested from the person concerned. All requested information was received by the department on 27th March 2023, and the claim was awarded at a rate of €87.00 per week effective from 9th March 2023 to 6th March 2024. The person concerned has been advised in writing of their award and arrears have issued to their nominated bank account.
I trust this clarifies the matter for the Deputy.
922. Deputy Brendan Griffin asked the Minister for Social Protection if an appeal has been completed for a carers support grant application by person (details supplied); and if she will make a statement on the matter. [17536/23]
View answerThe Carer's Support Grant (CSG) is an annual payment made to carers by my Department.
I can confirm that my Department received an application for the CSG from the person concerned on 14 April 2022.
The person concerned was notified of the decision to disallow the claim on 04 October 2022 and informed of their right of review and appeal.
The person concerned requested a review and an appeal of the decision.
On 23 November 2002, the person was notified by the Department that, on review, the original decision was upheld.
On 23 March 2023, the Social Welfare Appeals Office notified the person concerned that their appeal was disallowed. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in light of relevant additional evidence or new facts.
I hope this clarifies the position for the Deputy.
923. Deputy Emer Higgins asked the Minister for Social Protection how a person under 18 years of age who has been diagnosed with gender dysphoria by a clinical psychologist can acquire a gender recognition certificate. [17547/23]
View answerThe requirements for applications for gender recognition certificates are set out in Part 2 of the Gender Recognition Act 2015 (the Act).
Under Section 12. (1) of the Act, an application for a gender recognition certificate made on behalf of persons aged 16 and 17 may only be considered if accompanied by an order of the court exempting that person from the minimum age requirement of 18 years.
The requirements for the granting of a court order are set out in Section 12. (4) of the Act, which include the consent of the child's parents, surviving parent or guardian and the furnishing of a certificate from an endocrinologist or psychiatrist, who has no connection to the child, which concurs with the medical opinion of the child’s primary treating medical practitioner.
No provision has been made which permits the issuing of a gender recognition certificate to persons aged 16 and 17 without the necessary accompanying court order.
I trust this clarifies the matter for the Deputy.
924. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if there are currently delays for appointments to get a Public Services Card; the current timeframe to apply and receive a Public Services Card; and if she will make a statement on the matter. [17560/23]
View answerThe SAFE registration process, which my Department uses to authenticate a person's identity, is a face- to-face process which results in the issuing of a Public Services Card (PSC). My Department continues to experience a high level of demand for PSCs. Since the beginning of this year, just over 101,562 SAFE registrations and PSC renewals have been completed nationally. Over 342,000 SAFE registrations and renewals were processed in 2022.
Currently, it is not possible for someone who does not already have a PSC to acquire one without attending an Intreo/SAFE Centre. My Department is however developing an online SAFE registration service which will augment the current in-person service.
In order to make maximum use of SAFE registration capacity, a combination of walk-in services and appointment services is available across the network of Intreo/SAFE offices. Information on the PSC service in each Intreo/SAFE Centres can be found on gov.ie - PSC/SAFE Registration Centres (www.gov.ie). In the majority of offices a person will be SAFE registered within 7 days of requesting a PSC, and will receive the PSC within 7 to 10 days of their SAFE Registration.
My Department has an online service which allows customers with verified MyGovID accounts to renew their PSCs online at www.MyWelfare.ie. A person with an expired PSC can have their card extended for three years by contacting my Department.
Where a PSC is lost, stolen or damaged, a person should immediately contact the PSC Helpdesk where officials will arrange for a new card to issue.
An appointment can be made for any customer who has any difficulty accessing a walk-in service.
I trust this clarifies the matter for the Deputy.
925. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the number of schools outside DEIS status who are providing hot or cold meals to children by county, in tabular form; and if she will make a statement on the matter. [17567/23]
View answerThe 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 2023 provided €94.4 million for the programme. The Government recently approved an additional €14.5m to allow access to the Hot School Meals scheme for all remaining DEIS schools from September 2023.
Funding under the school meals scheme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and after-school clubs and is based on a maximum rate per child per day, depending on the type of meal being provided.
On 30th March, I published an independent evaluation of the School Meals Programme which sets out the positive impact the Programme is having in terms of children’s education and wellbeing. The report recommends an interim increase in funding rates for all meal options in the School Meals Programme which I have introduced, effective from 1st January 2023.
There are 430 non-DEIS status schools providing hot or cold meals to children. The number is broken down by county in the attached tabular statement.
I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years. In this regard, I intend to roll out the Hot School Meals to all DEIS primary schools from September 2023, benefiting 64,500 children. I will also bring forward proposals in the coming weeks on commencing the roll out of the Hot School Meals to non-DEIS primary schools.
I trust this clarifies the matter.
The number of non-DEIS schools receiving hot or cold meals by county
|
County |
No. of Schools |
|
Carlow |
10 |
|
Cavan |
13 |
|
Clare |
15 |
|
Cork |
42 |
|
Dublin |
119 |
|
Donegal |
24 |
|
Galway |
14 |
|
Kerry |
17 |
|
Kildare |
4 |
|
Kilkenny |
11 |
|
Laois |
7 |
|
Leitrim |
4 |
|
Limerick |
14 |
|
Longford |
4 |
|
Louth |
9 |
|
Mayo |
16 |
|
Meath |
6 |
|
Monaghan |
13 |
|
Offaly |
7 |
|
Roscommon |
9 |
|
Sligo |
10 |
|
Tipperary |
18 |
|
Waterford |
13 |
|
Westmeath |
9 |
|
Wexford |
17 |
|
Wicklow |
5 |
|
Grand Total |
430 |
927. Deputy Seán Canney asked the Minister for Social Protection if the case of a person (details supplied) will be examined. [17580/23]
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.
I can confirm that the person concerned was in receipt of DA from 13 July 2016 to 21 August 2018.
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.
I have asked my officials to send a DA application form to the person concerned for them to complete and return if they wish to apply for this payment.
I trust this clarifies the matter for the Deputy.
928. Deputy Michael Creed asked the Minister for Social Protection further to Parliamentary Question No. 204 of 30 March 2023, if, given the fact that the recipient of the free travel referred to in her reply was out of work and on supplementary welfare allowance from November 2019 to February 2021 due to medical circumstances, and given that there was no entitlement to use the free travel pass for this period, her Department will consider extending the five-year eligibility for free travel to May 2024, which would extend the eligibility of the free travel to the full five-year period while back in the workplace; and if she will make a statement on the matter. [17640/23]
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 when they commenced employment. Under the The Make Work Pay initiative, persons in receipt of a long-term disability payment can retain their entitlement to Free Travel for a period of 5 years after they move from disability payment to employment.
The person concerned retained their entitlement to Free Travel for a period of 5 years after taking up employment. As this 5 year period ended in February 2023, the person's Free Travel entitlement ceased. Persons who retain their entitlement to Free Travel for 5 years under the Make Work Pay initiative do so regardless of their employment status within that 5 year period.
As the person concerned received their full entitlement to Free Travel for 5 years under the Make Work Pay initiative, I regret there is no facility to extend their eligibility any further.
I hope this clarifies the matter for the Deputy.
929. Deputy Michael Creed asked the Minister for Social Protection if she will confirm receipt of a recent disability allowance appeal by a person (details supplied). [17641/23]
View answerAn application for Disability Allowance by the person concerned was disallowed by a Deciding Officer of the Department on 24 February 2023.
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. I am informed by the Social Welfare Appeals Office that, following a check on their systems, there is no record of an appeal from the person concerned being received in that Office.
In the normal course, an appeal against a decision of a deciding officer must be made within 21 days of the decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer.
In light of the Deputy's question, the Appeals Office has now written to the person concerned seeking grounds of appeal and an explanation for the failure to submit an appeal within the prescribed timeframe. On receipt of the response, it will be determined whether a late appeal can be accepted. Should a late appeal be accepted it will be referred to an Appeals Officer.
930. Deputy Michael Creed asked the Minister for Social Protection if she will clarify the circumstances where an employee is eligible for a social welfare payment arising from medical advice to cease employment due to ill health, where the person involved has many years of social insurance contributions; and if she will make a statement on the matter. [17643/23]
View answerInvalidity Pension is a social insurance scheme paid from the Social Insurance Fund. Eligibility is based on Pay Related Social Insurance contributions and medical condition. In order to qualify, the person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months; or must be permanently incapable of work.
Claimants must have 260 weeks of paid contributions since starting work and 48 weeks of paid or credited PRSI contributions in the last or second-last complete year before the ‘relevant date’ – this is the date of the start of the person’s permanent incapacity for work as decided by the department. This date is usually after a year of being incapable of working but can be less where a person is considered permanently incapable of work.
Many people claim Illness Benefit initially and then transfer to Invalidity Pension. It is possible to transfer directly from work to Invalidity Pension if the person’s medical condition is permanent and they will not be in a position to do any type of work again.
Self-employed people who have paid enough Class S PRSI contributions are eligible to apply for Invalidity Pension.
56,444 people were in receipt of Invalidity Pension in February 2023. The rate is €225.50 per week, with increases available for qualified adult and children.
People in receipt of Invalidity Pension transfer automatically to the State Pension Contributory at the full rate when they turn 66. Invalidity Pension is taxable. Recipients are entitled to a Free Travel Pass and may also get extra social protection benefits such as the Household Benefits Package.
I trust this clarifies the matter for the Deputy.
931. Deputy Michael Creed asked the Minister for Social Protection if she will review a claim for disability allowance by a person in County Cork (details supplied); and if, in particular, she will review the financial assessment against the applicant in light of the circumstances and the medical evidence which would suggest from the applicant's consultant that the condition is serious and leaving the applicant unlikely to work for the foreseeable future. [17644/23]
View answerI confirm that my Department received an application for Disability Allowance (DA) from the person concerned on 22 December 2022. The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
Based on the evidence supplied in support of this person’s application, her application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. At that time, the person concerned was also assessed with weekly means of €140.27, which was derived from regular cash income receive from her father. The person concerned was notified in writing of this decision on 27 March 2023, and they were given the right to a review or an appeal.
Based on the information provided by the Deputy to the Department, on behalf of this person on 11 April 2023, a means review was carried out on her claim. Following this review, she was assessed with nil means. This review related solely to the means assessment element of her claim. However, the claim remained disallowed on the grounds that the medical qualifying condition for DA had not been satisfied. A letter notifying the person concerned issued to her on 11 April 2023.
To date, no additional medical information to support her position has been submitted by the person concerned to facilitate a review, nor has an appeal on the disallowance of the medical qualifying condition of 27 March 2023 been received by my Department.
I trust this clarifies the matter for the Deputy.
932. Deputy Ged Nash asked the Minister for Social Protection the reasons the community welfare officer service was removed from her Department's office in Ardee, County Louth; and if she will make a statement on the matter. [17646/23]
View answerThe walk in Community Welfare Service in Ardee moved to an appointment service in late 2018. A Community Welfare Officer (CWO) is available to meet with citizens from Ardee during business hours Monday to Friday in Intreo Centres in the nearby towns of Drogheda and Dundalk, or by appointment in the Ardee Social Welfare Branch Office. There is also the option for a customer to request a meeting at a mutually agreed location, including at their home.
While local face-to-face engagement with clients continues to be a cornerstone of the community welfare service, it is important to mention that a person does not need to meet with a CWO to make an application and any person who needs to access the Community Welfare Service (CWS) can call the National CWS freephone number at 0818 60 70 80, to make an appointment or to speak directly to a CWO. CWS staff working on the phoneline are dealing with over 5,000 callers per week. This service is proving very popular with customers in rural areas, who can have their needs met without the requirement to travel.
The CWS continues to provide a flexible service to meet the different needs of customers, who may find themselves in a financially difficult or vulnerable situation. It is important that this service is easily accessible and responsive to people's needs.
A person can apply for a Supplementary Welfare Allowance (SWA) payment by completing a SWA1 form which is available in all Intreo Centres and Branch Offices. It can also be requested by calling 0818 60 70 80 and by using the Request Application Form page available on www.gov.ie. A completed application form together with any supporting documentation can be returned directly to the Department where the claim will be processed quickly. In addition in recent weeks my Department has added the facility to mywelfare.ie for customers to apply online for an Additional Needs Payment (ANP).
I trust this clarifies the matter.
933. Deputy Paul Kehoe asked the Minister for Social Protection whether there is any update on her Department's position regarding the recognition of Covid-19 as an occupational disease for frontline healthcare workers in Ireland as per EU ACSH Agreement in May 2022 following the monitoring of the European Commission's work and recommendations in this area; and if she will make a statement on the matter. [17687/23]
View answerOccupational Injuries Benefit is an income support provided by my Department to those injured at work or travelling to and from work, or who contracted a prescribed disease at work.
Covid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005 as it does not meet the criteria laid down in the Act. Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that—
(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and
(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
The decision on whether to recognise an illness as an occupational illness is a Member State competence. My Department is aware of the recommendation of the European Commission and is consulting with other relevant departments on the matter.
I trust this clarifies the matter for the Deputy.
934. Deputy John Paul Phelan asked the Minister for Social Protection the amounts in grant aid or funding awarded by her Department, or through schemes administered by it, to an organisation (details supplied) in each year from 2010 to 2022; and the projected funding for 2023. [17695/23]
View answerMy Department has not awarded funding through grant aid or by any of the Social Protection schemes to either the Peter McVerry Trust or to the Peter McVerry Addiction Services for the years 2010 to 2022.
My Department does not have any allocation for funding in 2023 for either of those organisations.
I trust this clarifies matters for the Deputy.
