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Tuesday, 16 May 2023

Written Answers Nos. 436-451

Social Welfare Benefits

Questions (436)

Aindrias Moynihan

Question:

436. Deputy Aindrias Moynihan asked the Minister for Social Protection if she will extend child benefit to children who are 18 years or over and attending full-time post-primary education; and if she will make a statement on the matter. [22405/23]

View answer

Written answers

Child Benefit is a universal monthly payment made to families with children up to the age of 16 years.  The payment continues to be paid in respect of children until their eighteenth birthday who are in full-time education, or who have a disability. Estimated expenditure on the scheme will be approximately €2.1 billion in 2023.

There are currently no plans to extend Child Benefit in respect of post-primary students who are over 18 years of age. Such an extension would have significant cost implications and would have to be considered in an overall budgetary context.

Families on low incomes may be able to avail of a number of social welfare schemes that support children in full-time education until the age of 22, including: 

• Increase for a Qualified Child (IQCs) with primary social welfare payments;

• the Working Family Payment for low-paid employees with children; and

• the Back to School Clothing and Footwear Allowance

These schemes provide targeted assistance that is directly linked to household income and thereby support low-income families with older children participating in full-time education.

I trust this clarifies matters for the Deputy.

Social Welfare Benefits

Questions (437)

Mairéad Farrell

Question:

437. Deputy Mairéad Farrell asked the Minister for Social Protection the number of applicants for disability allowance in each year since 2018; the number of these which were considered long-term/whole-of-life disabilities; the number considered rehabilitation appropriate applications; the number of successful applications under both categories, in tabular form; and if she will make a statement on the matter. [22409/23]

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Written answers

Disability 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.

The number of DA applications registered and awarded, and the number of these who were considered to have long-term or whole of life disabilities, from 2018 to 2022 are set out in the table below.

Year

Registered

Awarded

Number of applications considered long-term/whole-of-life disabilities

2018

23,080

17,205

2,355

2019

24,017

16,949

2,255

2020

20,671

15,686

2,349

2021

20,599

13,298

1,826

2022

26,021

13,817

2,185

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (438)

Mairéad Farrell

Question:

438. Deputy Mairéad Farrell asked the Minister for Social Protection if there are operational guidelines for medical assessors and social welfare inspections to allow for assessment of applications for disability allowance with a view to rehabilitation; and if she will make a statement on the matter. [22410/23]

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Written answers

Disability 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. 

When making a decision, Deciding Officers (DO) are bound by the Social Welfare Acts and Regulations. This legislation includes provision for the DO to seek the opinion of a Medical Assessor (MA) in respect of whether or not a person satisfies the medical conditions for schemes such as DA. MAs are fully qualified medical practitioners with several years of experience in a variety of medical fields. Their opinions are informed by medical experience and clinical judgement.

Where an MA provides an opinion, the DO shall have regard to that opinion in deciding if the person is incapable of work. Each application is decided on its own merits. Both the MA and the DO take into account the vocational and educational experience of the claimant as well as their age and medical conditions when deciding if sufficient evidence has been provided to satisfy the qualifying criteria for DA.

A MA has no further role in the rehabilitation of a DA recipient. However, 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. 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 trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (439)

Colm Burke

Question:

439. Deputy Colm Burke asked the Minister for Social Protection if consideration would be given to review the reasons that a person (details supplied) was unsuccessful in their carer's allowance appeal despite having acted upon the reasons for their initial refusal and providing sufficient documentary evidence as confirmation of their new circumstances; and if she will make a statement on the matter. [22434/23]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions. 

The Social Welfare Appeals Office has advised that the question under appeal in this case is whether, at the date of claim, the appellant was engaged in self-employment for over 18.5 hours per week.

The person applied for carer’s allowance in August 2022. In October 2022 she informed the Department's Social Welfare Inspector that she worked as a self-employed book-keeper for eight hours a day. On 1 November 2022 a Deciding Officer refused the application on the basis that the person was engaged in employment for more than the maximum of 18.5 hours per week allowed under the scheme

For the appeal to succeed, the person must meet the statutory requirements at the date of claim. At the date of the claim on 18 August 2022 the appellant was engaged in self-employment for over 18.5 hours per week and the appeal was therefore disallowed by an Appeals Officer's decision issued on 31 March 2023. 

As already stated in the Appeals Officer's decision, if the person’s circumstances have changed since her initial application it is open to her to make a new application providing evidence of her changed circumstances.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (440)

Bernard Durkan

Question:

440. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [22447/23]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I confirm that my Department received an application for Carer’s Allowance (CA) from the person concerned on 3 April 2023.

The application was referred to a local Social Welfare Inspector on 14 April 2023.  The Inspector has confirmed that they are to interview the person concerned within the next few days. Once the Inspector has completed their report, a decision will be made as soon as possible, and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (441)

Carol Nolan

Question:

441. Deputy Carol Nolan asked the Minister for Social Protection if a public services card or other photographic identification is required to be presented in order to collect a social welfare payment from a post office; if so, the reason for this requirement; and if she will make a statement on the matter. [22450/23]

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Written answers

The Department of Social Protection operates its contract for cash payment services with An Post. The Department and An Post agreed a protocol in 2014, which was renewed in 2019, governing the forms of identification which claimants, or their agents, must produce in order to collect payments. There has been no change in this agreed protocol or in the forms of identification required of claimants to collect their social welfare payments.

Social welfare claimants must present one of the Department of Social Protection payment cards when collecting payments. These cards are; the Public Services Card, the Social Services Card and the Temporary Payment Card.

The Public Services Card, or PSC, is an identity token, issued by the Department, following a face to face registration process which involves the capture of an individual’s photograph and signature plus the verification of identity data already held by the Department. No other identification is required of clients when a PSC is presented.

The Social Services Card, or SSC, is a payment token, used to collect DSP payments. The token is issued to claimants who have not yet been registered for and received a PSC. If presenting for payment with an SSC, a person must also provide additional identification. Ideally this should be photographic. Acceptable forms of photographic ID are:

- Current Passport (For Irish and UK passport holders, a passport which has expired within the previous 12 months is acceptable)

- Current (in date) National ID card for EU citizens other than Ireland

- Current (in date) Irish or UK Drivers Licence or Irish Driver Learner Permit

- Current (in date) Garda National Immigration Bureau (GNIB) Card or Irish Residence Permit (IRP) card

- Emergency Photo ID produced by the Department.

- Garda ID Age Card

If a claimant holds an SSC but does not have appropriate photographic ID then the following documents are acceptable:

- Medical Card and Proof of Address

- Bank Card and Proof of Address

- Recent work ID and Proof of Address

- Recent communication from Public Service body or Local Authority and Proof of Address.

If a customer holds an SSC but is unable to present either acceptable Photo ID or alternative ID, An Post may make payment based on the personal validation of the Post Office staff on the basis that the customer is known to them by sight and name.

Finally the Temporary Payment Card is a paper document issued by the Department for short-term use by a claimant pending receipt of a PSC or SSC. A temporary payment card is valid for a specific period. An Post may not accept the Temporary Payment Card without the additional forms of identification listed above for the SSC.

State Pensions

Questions (442, 443, 444)

Carol Nolan

Question:

442. Deputy Carol Nolan asked the Minister for Social Protection the total number of persons currently claiming the State pension (contributory) and (non-contributory), respectively; the total estimated number of these people who have been issued with a public services card at any time since the introduction of the card; and if she will make a statement on the matter. [22451/23]

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Carol Nolan

Question:

443. Deputy Carol Nolan asked the Minister for Social Protection the total number of persons currently in receipt of any disability payment at present; the estimated number of them who have been issued with a public services card at any time since the introduction of the card; and if she will make a statement on the matter. [22452/23]

View answer

Carol Nolan

Question:

444. Deputy Carol Nolan asked the Minister for Social Protection the total number of persons currently in receipt of jobseeker’s benefit or jobseeker’s allowance; the number of these recipients who have been issued with a public services card at any time since the introduction of the card; and if she will make a statement on the matter. [22453/23]

View answer

Written answers

I propose to take Questions Nos. 442, 443 and 444 together.

One of my statutory functions as Minister for Social Protection is the authentication of a person's identity in the manner described, and for the purposes set out, in primary legislation. Under that legislation, a person must authenticate their identity as one of the conditions of their right to any social welfare payment. Once a person has authenticated their identity and been issued with a Public Services Card (PSC), they can, if they wish, use that PSC to collect their payment at a Post Office of their choice. In addition, a person who is entitled to Free Travel can use their PSC as a travel pass on public transport. If a person who has not already been SAFE registered qualifies for Free Travel, they are invited by the Department to attend for SAFE registration at an office of the Department. If a person who already has been SAFE registered qualifies for Free Travel, a new Free Travel PSC issues automatically to that person.

There are a number of reasons why a person may be receiving a payment but are not SAFE registered. Some recipients of contributory-based payments, such as State Pension (Contributory) and Invalidity Pension, live abroad. The closure of offices during the pandemic disrupted the SAFE registration service during that time.

The number of individuals receiving Jobseeker's Allowance, Jobseeker's Benefit, State Pension (Contributory), State Pension (Non-Contributory) and Disability payments at the end of April 2023, and the estimated number with a Public Services Card, are shown in the table below. SAFE 2 registration status has been used to estimate the individuals with a Public Services Card.

Jobseeker's Benefit figures include Benefit Payment for 65 year olds, Short-Time Work Support and Jobseeker's Benefit for the Self-Employed.

Disability Payments consist of Blind Pension, Disability Allowance, Invalidity Pension, Disablement Benefit and Domiciliary Care Allowance.

Table 1: Estimated number of recipients with a public services card, by scheme

Scheme

Recipients

Estimated recipients with a Public Services Card

Jobseeker's Allowance

122,867

121,913

Jobseeker's Benefit

34,924

34,667

State Pension (Contributory)

490,760

433,296

State Pension (Non-Contributory)

98,254

92,870

Disability Payments

275,754

256,780

Question No. 443 answered with Question No. 442.
Question No. 444 answered with Question No. 442.

Social Welfare Payments

Questions (445)

Willie O'Dea

Question:

445. Deputy Willie O'Dea asked the Minister for Social Protection if she intends to increase the levels of disability payments and allowances to reflect the very different costs of disability by severity and type of disability as outlined in 'The Cost of Disability in Ireland' report which was published by her Department last year; and if she will make a statement on the matter. [22455/23]

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Written answers

The Indecon report highlighted that the ‘Cost of Disability’ is significantly wider than the income support system and found that there is not a single typical ‘cost of disability’; rather there is a spectrum from low additional costs to extremely high extra costs of disability, depending on the individual circumstances of the person concerned. 

Additional costs of disability identified run across a number of areas of expenditure including housing, equipment, aids and appliances, mobility, transport and communications, medicines, care and assistance services and additional living expenses. 

As the findings of the research have implications for many areas of public policy, a whole-of-Government perspective is needed. As such the Government referred the report on the Cost of Disability to the National Disability Inclusion Strategy Steering Group. This group was chaired by my colleague, the Minister of State with responsibility for Disability, Anne Rabbitte TD. The group included relevant departments, agencies, and a Disability Stakeholder Group. The work of the group was due to end in 2021 but was extended to the end of 2022. A new national cross-Government strategy to succeed the National Disability Inclusion Strategy is being developed - this work is being led by the Department of Children, Equality, Disability, Inclusion and Youth. The Cost of Disability report is an important element of the evidence base which will inform the scope and focus of the strategy. 

From the perspective of my department, I introduced a number of measures as part of Budget 2023 to support disabled people to mitigate the impacts of the rising cost of living.  These were a combination of once-off payments and increases to the rate of weekly income support payments and income thresholds.

In October and November those on long-term disability payments received a once-off double payment and a €500 cost of living Disability Support Grant payment.

People in receipt of the Fuel Allowance benefited from a €400 lump sum payment, with €200 paid to those in receipt of the Living Alone Allowance.

The Christmas Bonus was paid to 1.3 million social welfare recipients, including those on long-term disability payments.

Last month those on long-term disability payments received an additional €200 lump sum.

As well as once-off cost of living measures, I also secured increases to weekly payments and income disregards which took effect in January 2023.  I increased the maximum rate of disability payments by €12 a week – the largest increase in recent years.

To make secondary benefits more accessible, the means threshold for Fuel Allowance increased from €120 to €200, and Disablement Benefit is now not considered as means for Fuel Allowance applicants.

I also increased the earnings threshold for people on Disability Allowance and Blind Pension by €25 a week from €140 to €165.  This means that people can earn more and keep more of their social welfare payment.

Any further changes to the payments and schemes provided by my department aimed at supporting people with disabilities will be made in an overall policy and budgetary context. 

I trust that this clarifies the matter for the Deputy. 

Social Welfare Benefits

Questions (446)

Kathleen Funchion

Question:

446. Deputy Kathleen Funchion asked the Minister for Social Protection if she will consider writing off, on compassionate grounds, the debt of a person (details supplied). [22513/23]

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Written answers

Disability Allowance (DA) is both a means and medically assessed payment. It is a condition of the scheme that a DA recipient must reside in the State. An overpayment of DA was raised against the person concerned for periods during 2019 as they were absent from the State and had not notified the Department of same.

It is Departmental policy to recover all debts in full. This can be done via weekly repayments, including deductions of 15% (€33) of the personal rate of payment from social welfare payments, attachment to earnings or from the estate of a deceased person. In all cases, the Department offers the customer a right to comment on the proposed method of recovery and takes account of their personal circumstances before implementing a recovery plan.

In this case, following discussions with and agreement from the person concerned, the Department has accepted a repayment of €5 per week against the debt. While the Department is sympathetic with the condition of the person concerned, the debt cannot be written off and will continue to be recovered at the rate of €5 per week, which the Department has agreed with the individual concerned based on their current situation.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Questions (447)

Seán Canney

Question:

447. Deputy Seán Canney asked the Minister for Social Protection if the practice of reducing the State pension (non-contributory) due to the decision of the householder to rent their home whilst in long-term residential care will be discontinued; and if she will make a statement on the matter. [22543/23]

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Written answers

Non-contributory pension is a payment to people over 66 whose entitlements is based on a means test.  All means tests in my Department are kept under regular review and a number of significant changes have been made in recent years.  Last year I announced a series of measures designed to remove barriers facing social welfare customers who choose to accommodate people in their homes.

In July 2022 I signed legislation which introduced a disregard of up to €269.23 per week in respect of income from renting a room in their own home.  This disregard means that a social welfare customer will be able to rent out a room in their home for up to €14,000 per annum and this income will not see their means-tested social welfare payment impacted.

I introduced this regulation with the aim of removing any means disincentive for people letting out a room in their home for fear that it would impact their social welfare payment and I am pleased that Government has recently approved the extension of this disregard for a further two years until March 2025. 

I am aware that the Minister for Health introduced changes to the Nursing Homes Support Scheme (NHSS), commonly referred to as Fair Deal, last November, which reduced the rate of assessment on rental income in respect of that scheme.  I understand that the effect of these changes are being currently further reviewed.

Officials in my Department are liaising with officials in the Department of Health as part of this review.  Means testing and disregards will form part of this discussion, but any changes in relation to means testing will have to be considered in the context of overall budgetary arithmetic.

Cost of Living Issues

Questions (448)

Aindrias Moynihan

Question:

448. Deputy Aindrias Moynihan asked the Minister for Social Protection the reason for non-payment of the €200 cost-of-living lump sum payment commencing 24 April 2023 to an individual (details supplied); and if she will make a statement on the matter. [22559/23]

View answer

Written answers

The spouse of the person concerned is in receipt of a State Pension (contributory) payment from my Department which includes an Increase for their Qualified Adult.

The Government is acutely aware of the effect that high energy prices and the cost of living are having on families, businesses and the most vulnerable.

In addition to the substantial package of supports provided in Budget 2023, earlier this year the Government announced a €470 million package of measures to help social protection recipients including families, pensioners, carers and people with disabilities.

The Spring Cost of Living Bonus is one of the range of measures put in place.  It is one lump sum payment of €200 for each eligible person in receipt of a primary payment in their own right.  The €200 lump sum payment was paid in the week commencing 24/4/2023 to over 1.2 million people in receipt of long-term social welfare payments at a cost of approximately €250 million.

If a person receives more than one qualifying social welfare payment, they will receive only one €200 lump sum payment.  Each eligible primary recipient of a social welfare payment receives €200, regardless of the number of dependents (qualified adult or children), if any, or other social welfare payments. 

I hope this clarifies the position for the Deputy.

Pension Provisions

Questions (449)

Michael Healy-Rae

Question:

449. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an invalidity pension appeal by a person (details supplied); and if she will make a statement on the matter. [22578/23]

View answer

Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions. 

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 March 2023.  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 17 April 2023 and referred on 5 May 2023 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. 

I trust this clarifies the matter for the Deputy.

Tax Code

Questions (450)

Seán Canney

Question:

450. Deputy Seán Canney asked the Minister for Social Protection the reason the sale of residence disregard is not applicable to a person who is not a burden on the State at the date of disposal; and if she will make a statement on the matter. [22579/23]

View answer

Written answers

The Department operates a range of means-tested social assistance payments.  The means test takes account of the income and assets of the person (and spouse / partner, if applicable) applying for the relevant scheme.  Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares, and other investments. 

If a social welfare recipient sells their home, the proceeds of the sale are normally taken into account as means.  However, social welfare legislation provides for a specific disregard for recipients of the State Pension (Non-Contributory), Disability Allowance or Blind Pension when they sell their home in certain situations.

For these schemes, the means test does not take into account up to €190,500 of the gross proceeds of the sale if the person:

• moves to more suitable accommodation;

• moves in with someone who is caring for them and getting a carer's payment;

• moves to sheltered or special housing in the voluntary, co-operative, statutory or private sectors; or

• moves into a registered private nursing home.

If a recipient of one of these schemes dies, the property is no longer considered their residence as it then becomes an asset of their estate. 

Recipients of means tested social protection schemes are obliged, at claim stage, to provide full details of any income(s), assets, savings and investments they (or their spouse/civil-partner/cohabitant) hold and, following award of claim, to notify the Department of any material changes in their circumstances that may affect their entitlement.

Tax Code

Questions (451)

Seán Canney

Question:

451. Deputy Seán Canney asked the Minister for Social Protection the reason the investment of a person (details supplied) for the benefit of their children is being taken as being savings in the person’s name; how this is deemed fair and reasonable; and if she will make a statement on the matter. [22580/23]

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 provided at pension award stage 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 of the estate, so that the deceased's pension entitlement can be reviewed.  The means to be taken into account in such a review include income from employment or self-employment, non-social welfare pension income(s) and the capital value of any savings, investments, and property held by the claimant, other than their family home.

In the case of the deceased person concerned, following receipt of a schedule of their assets on 19 August 2019, the case was referred to an Inspector of the Department for investigation. The deceased had held a policy for a significant sum in a financial institution, which was funded by the deceased and, as confirmed by the financial institution, could have been encashed by the deceased at any time.  Therefore, the full amount of the policy was assessable as means in the review of the deceased's state pension non-contributory entitlement.

A deciding officer made a revised decision on the deceased’s pension entitlement and notified this decision, in writing, on 26 April 2023, to their personal representatives. The personal representatives were also informed that, if dissatisfied with the decision, they may request a review of the decision or submit an appeal to the independent Social Welfare Appeals Office and the relevant contact details were provided.  

I trust this clarifies the matter for the Deputy.

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