Written Answers Nos. 139-158
139. Deputy Michael McNamara asked the Minister for Social Protection if she will outline her plans to bring the State pension (contributory) up to 34% of the average industrial wage index linked, as promised in 2018; and if she will make a statement on the matter. [25030/23]
View answerAs part of the Roadmap for Social Inclusion 2020-2025, Government committed to finalising an approach for the benchmarking and indexation of pension payments.
A smoothed earnings method to calculating a benchmarked/indexed rate of State Pension payments was also recommended by the Commission on Pensions.
Last September, I announced a series of landmark reforms to the State Pension system. The measures are in response to the recommendations from the Commission on Pensions and represent the biggest ever structural reform of the Irish State Pension system.
As part of this, a smoothed earnings method to calculating a benchmarked/indexed rate of State Pension payments will be introduced as an input to the annual budget process and will be submitted to Government in September each year, commencing this year.
140. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for carer's allowance in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [25045/23]
View answerThe 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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned on 10 January 2023. Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed in the light of additional evidence or new facts.
I am advised that additional evidence was subsequently submitted and that the Appeals Officer agreed to review the case under Section 317 of the Social Welfare Consolidation Act 2005. The case is currently being considered. The person concerned will be issued with the outcome of the review of her appeal decision as soon as possible.
I trust this clarifies the matter for the Deputy.
141. Deputy Michael Ring asked the Minister for Social Protection the reason that a person who is in receipt of a payment under the occupational injuries scheme and is paying their PRSI contributions is not entitled to receive illness benefit when required, in view of the fact that they are paying their contributions and now cannot avail of the benefits of same; and if she will make a statement on the matter. [25076/23]
View answerI understand that my department has been in touch with the Deputy's office seeking clarification on the specific circumstances of this case; however, the matter appears to relate to a Widow’s Pension (contributory) payment.
Widow’s Pension (contributory) is a weekly social insurance payment to those covered by social insurance whose spouse or civil partner has died.
Illness Benefit is the main income support provided to those who cannot work due to illness of any kind and who are covered by social insurance.
If a customer is getting a reduced rate of Widow’s Pension, they may also get a reduced rate of Illness Benefit, so that the combined amount of both payments is not greater than the rate of Illness Benefit to which they are entitled.
However, there is a general principle of one person, one payment, and this applies across the social welfare system. Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time, but generally they can receive only one payment. This principle is common to social security systems across the world. As a result, people on Widow’s Pension cannot be in receipt of an overlapping second payment, for example Illness Benefit, at the same time.
A person may be eligible to receive Living Alone Increase, Fuel Allowance or Household Benefits Package depending on their living circumstances and their age.
With regard to additional supports, this department also provides Additional Needs Payment under our Supplementary Welfare Allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.
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. Payments are made at the discretion of the Community Welfare Officers administering the scheme, considering all the circumstances of the case.
My Department will continue to keep the range of supports under review. However, changing the underlying one person-one payment principle would involve significant additional expenditure which could prove unsustainable in the long-term, and would have to be considered in the overall policy and budgetary context.
If the Deputy has further details on the case being raised in this question, my department would be happy to advise on it.
I trust this clarifies the matter for the Deputy.
142. Deputy Róisín Shortall asked the Minister for Social Protection if she intends to recognise Covid-19 as an occupational illness for healthcare workers; if so, the timeline she is working towards; and if she will make a statement on the matter. [25093/23]
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 regarding Covid-19 and has consulted with other relevant departments and Ministers on the matter, and the replies received are currently under consideration.
I trust this clarifies the matter for the Deputy.
143. Deputy Sean Sherlock asked the Minister for Social Protection if she has plans to publish an updated proposal following the recent public consultation on pay-related jobseeker’s benefit; when that can be expected; and if she will make a statement on the matter. [25104/23]
View answerThe Programme for Government and the Economic Recovery Plan include commitments to consider a pay-related jobseeker’s benefit scheme. Pathways to Work commits to using the experience from the Pandemic Unemployment Payment to inform the design of such a scheme that may be developed. The introduction of a pay-related benefit for jobseekers would bring Ireland in line with the majority of EU Member States.
I published a Strawman document in December 2022 which sets out the broad parameters of a possible approach to a pay-related jobseeker's benefit scheme. It is not a final design. The objective of the Strawman is to elicit feedback through a national consultation process to develop a preferred policy design.
Written submissions have been received from over 80 individuals and from 32 stakeholder groups. The Department hosted a Stakeholder Event in Dublin in February and a series of individual bilateral meetings between Department officials and selected stakeholder organisations has just concluded.
Department officials in my Department are currently analysing all feedback received through the consultation process. This will inform the design of a proposal that I intend to bring to Government in the coming months.
I trust this clarifies the matter for the Deputy.
144. Deputy Brian Stanley asked the Minister for Social Protection if she will consider the complaints from charities and public representatives regarding the difficulties that people are having in contacting a community welfare officer when applying for supplementary welfare allowance and the additional needs payment. [25128/23]
View answer145. Deputy Brian Stanley asked the Minister for Social Protection if her Department recognises that the removal of the physical clinics held by community welfare officers has led to difficulties for applications who are in a financially vulnerable position; and if her Department will now reinstate this face-to-face service. [25129/23]
View answerI propose to take Questions Nos. 144 and 145 together.
The delivery of crucial and locally based community welfare services to meet the challenges and the needs of citizens across the country is a priority for me and for my Department. The CWS continues to provide a flexible service to meet the different needs of clients, who may find themselves in a financially difficult or vulnerable situation. It is important that this service is easily accessible and responsive to our client’s needs.
Community Welfare Officers (CWOs) are physically on site daily in over 50 Intreo Centres across the country where they are available to be seen without an appointment, during business hours, Monday to Friday. In addition to meeting citizens in Intreo Centres, Branch Offices and DSP offices, CWOs can facilitate an appointment within a short time of a person requiring such a meeting, at a mutually agreed location, including at the person's 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. A person can speak with a CWO over the phone if they do not wish to travel to meet with a CWO in person. CWS staff working on the phoneline are dealing with approximately 5,000 callers per month. This service is proving very popular with customers in rural areas, who can have their needs met without the requirement to travel.
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. CWOs are very experienced and can generally assess when a case is so urgent that it requires an immediate response.
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 this link www.eforms.gov.ie/en/forms/5 . A completed application form together with any supporting documentation can be returned directly to my Department where the claim will be processed quickly.
A recent development to MyWelfare.ie means a person can apply online for an Additional Needs Payment (ANP). The provision of the ANP online application allows a person make an application online whilst also providing documentation in support of their claim.
My officials in the CWS are actively engaged with the Society of St. Vincent De Paul (SVP) and other NGOs at both national and local levels. Local information sessions with the SVP have been facilitated by the CWS in several locations with a further information sessions scheduled. The CWS also previously participated in an information webinar with more than 250 SVP volunteers from across the country and a further webinar is scheduled for June 2023.
I trust this clarifies the matter.
146. Deputy Robert Troy asked the Minister for Social Protection if she will expedite a carer’s allowance appeal on behalf of a person (details supplied) and ensure an oral hearing is scheduled in advance of any decision. [25130/23]
View answerThe 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 a carer's allowance appeal by the person concerned was registered in that office on 2 May 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 received from the Department on 12 May 2023 and on 16 May 2023 they were referred to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.
The Deputy's request for an oral hearing has been brought to the attention of the Appeals Officer. The regulations governing appeals provide that it is a matter for the Appeals Officer to decide 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.
147. Deputy Claire Kerrane asked the Minister for Social Protection if she will include new agricultural schemes as eligible payments for farm assist, given that a significant number of schemes have changed under the new CAP; if she will provide a list of schemes which will be included under farm assist; and if she will make a statement on the matter. [25134/23]
View answerFarm Assist is a statutory income support specifically for farmers on low-incomes. There are approximately 4,300 claims in payment at present. The Government has provided €49.4 million for the scheme in 2023.
Under the Farm Assist means test, income from a range of agri-environmental schemes attract a disregard of €5,000, increased from €2,540 from January 2023, with 50% of the balance assessed as means.
Further to the commitment in the Programme for Government and in the Rural Development Policy 2021-2025, my Department reviewed the means assessment disregards for Farm Assist in 2021. The report is available on the Government's website. One of the key recommendations of the report was to provide for an extensive expansion to the list of agri-environmental schemes that qualify for a disregard, which I introduced effective from June 2022.
The report also recommended that the Department would work with the Department of Agriculture, Food and the Marine to identify additional schemes in Ireland's CAP Strategic Plan 2023-2027 for inclusion in the list of agri-environmental schemes which attract a disregard for Farm Assist. This process has been completed and the list was further expanded with effect from April 2023.
The full list of agri-environmental schemes that attract this disregard is available on the Department's website.
I trust this clarifies the position for the Deputy.
148. Deputy Brendan Griffin asked the Minister for Social Protection when a farm assist payment will issue to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25286/23]
View answerThe person concerned submitted an application for Farm Assist on the 27th of April 2023. The application is currently being processed. This may take a number of weeks as the Farm accounts need to be examined and a possible home visit scheduled.
If experiencing financial hardship while they await the outcome of their Farm Assist application, the person concerned may submit an application for Supplementary Welfare Allowance to the Community Welfare service.
149. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for partial capacity benefit by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25294/23]
View answerPartial Capacity Benefit (PCB) is a scheme which extends the Illness Benefit (IB) and Invalidity Pension (IP) schemes to recognise and respond to the reality that some people in receipt of these payments have a capacity to engage in employment while continuing to need to receive some income supports.
People in receipt of IP or IB (the latter for a minimum of 26 weeks) who wish to return to work are eligible for PCB if their capacity for work is reduced as a result of their medical condition.
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 PCB.
The person concerned applied for PCB on the 19 April 2023 and their claim was referred to a Medical Assessor (MA). They have been assessed as having a ‘Moderate’ capacity to work and are eligible for PCB at 50% of their underlying scheme, which is IB in this case. A decision letter issued on 19 May 2023.
On 20 April 2023, PCB section issued an information request to the employer of the person concerned. We are currently awaiting a response to this in order to process the claim further. The person concerned now needs to contact the PCB section to advise when they intend to return to work. Once notified of the 'Return to work' date, a deciding officer will examine if the person meets all the qualifying conditions for receipt of PCB and complete the processing of this application.
I trust this clarifies the matter for the Deputy.
150. Deputy Bernard J. Durkan asked the Minister for Justice when a citizenship certificate will issue in the case of a person (details supplied); and if he will make a statement on the matter. [25035/23]
View answerThe Certificate of Naturalisation was issued to the person cited by the Deputy on 19 May 2023.
151. Deputy Niall Collins asked the Minister for Justice if he will provide an update on a matter (details supplied); and if he will make a statement on the matter. [25047/23]
View answerI understand that this is a difficult situation for our Afghan community and their loved ones and would like to take this opportunity to assure them that my Department is processing applications under the Afghan Admissions Programme (AAP) as quickly as possible.
To ensure as many people as possible can avail of this important programme my Department have been liaising with representatives of the Afghan Community and with applicants directly to ensure the Afghan Admission Programme team have everything needed to progress applications.
Where applicants are missing important information, such as proof of identity and familial relationships, the Afghan Admission Programme Unit contacted people directly to gather the required documents. This process is now complete. The requested information has begun to be received and applications continue to be assessed in a pragmatic and humanitarian manner.
As of close of business on 19 May 2023 a total of 165 applications were approved in respect of 450 beneficiaries. No refusals have been issued. All applicants will receive a decision in the coming months.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
152. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 234 of 11 May 2023, if data is collected on the number of arrivals to Ireland under the Afghan Admission Programme; if not, the reason for same; and if he will make a statement on the matter. [25074/23]
View answerData on the numbers of beneficiaries of the Afghan Admission Programme (AAP) who have entered the State or registered is not collected by my Department.
Through engagement with Afghan community groups, such as the Afghan Council and NGOs we are aware that beneficiaries of the Afghan Admission Programme are arriving in Ireland.
Once beneficiaries of the AAP are in the State, they are required to register at their local immigration office and receive an immigration permission to then reside in the State in the normal way. The travel arrangements and subsequent arrival in the State of successful beneficiaries are not recorded separately by the Department.
My Department has issued 450 approvals for beneficiaries under the Afghan Admission Programme as of 22 May and continues to process the remaining applications. To date no refusal letters have issued.
A total of 528 applications in respect of 1,492 potential beneficiaries were received under the Programme. To ensure as many people as possible can avail of this important programme the Department has been liaising with representatives of the Afghan Community, including the Afghan Council, and with applicants directly to ensure the Afghan Admission Programme team have everything needed to progress applications.
Where applicants are missing important information, such as proof of identity and familial relationships, the Afghan Admission Programme Unit contact people directly to gather the required documents. This process is now complete and applications continue to be assessed in a pragmatic and humanitarian manner. All applicants will be notified of the outcome of their application as soon as is possible.
153. Deputy Brendan Smith asked the Minister for Justice if he will ensure an adequate consultation process with the relevant representative groups following the publication of the firearms expert committee report; and if he will make a statement on the matter. [22902/23]
View answerI can advise the Deputy that I established the Firearms Expert Committee (FEC) on a non-statutory basis with representation from stakeholders, my Department and An Garda Síochána.
The purpose of the FEC was to serve in an advisory capacity to me as Minister. In line with its comprehensive terms of reference, which were made publicly available, the FEC was tasked with making recommendations on a range of firearms matters for my subsequent consideration, including carrying out an assessment of all types of firearms to determine their current use under the existing licensing system and their suitability for future licensing.
The FEC held nine in-person Committee meetings, in addition to one videoconference with representatives of the PSNI firearms licensing branch and one final videoconference Committee meeting concerning the finalisation of the reports, over a period of nine months.
The final meeting of the FEC took place on 3 March 2023 and I published the final reports on Friday, 31 March 2023 on Gov.ie alongside the minutes of each in-person meeting and a summary of each in-person meeting.
As I have emphasised throughout the process, any proposed changes to policy or legislation arising from any of the recommendations of the FEC will be subject to prior consultation with firearms stakeholders. On the, 3 May 2023, I launched the FEC consultation online on Gov.ie.
The online consultation can be accessed at the following link:
www.gov.ie/en/consultation/411f7-consultation-on-the-recommendations-of-the-reports-of-the-firearms-expert-committee/.
I would encourage as many people and organisations as possible to engage with this survey in order to make their views known.
In addition to this, I have also sought written submissions on the recommendations of the FEC from a range of stakeholder organisations and intend to meet with such groups, having received their written submissions and following the conclusion of the wider public consultation, which runs until 2 June.
This will ensure that stakeholder organisations, and their members, can engage fully in this consultation process. I would encourage as many people and organisations as possible to engage with this process to make their views known.
Individual firearms users should engage with the online public consultation but if they wish to provide additional observations on the FEC final reports they should inform their firearm stakeholder organisations who will be able to consider and include these individual observations, as appropriate, in the organisation's written submissions to me.
154. Deputy Fergus O'Dowd asked the Minister for Justice if consideration is being given to changing the existing coercive control legislation to allow it to relate to people in non-intimate relationships, in order to close the current gap that allows non-intimate offenders to be held to account under the legislation; and if he will make a statement on the matter. [25081/23]
View answerThe rationale for the introduction of the offence of coercive control in section 39 of the Domestic Violence Act 2018 was to take account of the reality that behaviours in a domestic setting that involve emotional abuse, humiliation and fear can be as harmful to victims as physical abuse, as they are an abuse of the unique trust associated with an intimate relationship.
Creating a specific offence of coercive control sent a clear, consistent message that non-violent control in an intimate relationship is criminal.
The prosecutions and convictions to date will hopefully encourage anyone who may be a victim of this crime to come forward and seek help. For perpetrators of this crime, the message is also clear – you cannot act with impunity.
It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward.
Policy officials from my Department have previously consulted with An Garda Síochána on the topic you raise, specifically on amendments in relation to the definition of 'relevant persons' in respect of coercive control under section 39 of the 2018 Act.
Both the Department and An Garda Síochána take the offence of coercive control seriously and acknowledge the concerns raised. However, it is the view of both the Department and An Garda Síochána that the current wording of section 39 of the Domestic Violence Act 2018, along with section 9 of the Non-fatal Offences Act, already adequately addresses these concerns.
155. Deputy Michael Ring asked the Minister for Justice the date and year from which FEMPI reductions were applied to the remuneration of a sector (details supplied) in Ireland; and if he will make a statement on the matter. [25115/23]
View answerThe Coroner Service provides an important service to next of kin and society in general in seeking to explain the causes of death in those instances which are reportable by law.
Payments are made to Coroners by the Local Authority with responsibility for each District, with the exception of Dublin, on the basis of a basic retainer and a fee per item.
Remuneration rates were reduced, in line with wider reductions in civil and public service remuneration as provided for by FEMPI, on 29 April 2009
Departmental officials, at the request of the Coroner Society of Ireland, are currently considering the Coroners Society’s request to restore coronial fees to their pre-April 2009 levels. Restoration of the previous rate of fees requires consultation with the Departments of Public Expenditure, National Development Plan Delivery and Reform, the Department of Housing, Heritage and Local Government and the Local Authorities which fund coroners outside of the Dublin district.
The Department is also committed to bringing forward nationwide coroner review proposals to address identified issues and drive innovative change. It is intended that a public consultation exercise be conducted later this year and prior to the development of proposals for comprehensive reform.
156. Deputy Holly Cairns asked the Minister for Justice if he will provide his response to a UN report on parental alienation (details supplied) and its implications for government policy; and if he will make a statement on the matter. [25117/23]
View answerThe Report of the UN Special Rapporteur on Violence against Women and Girls, its Causes and Consequences, Reem Alsalem, which considers the abuse of the term parental alienation, and the deliberations of the United Nations Human Rights Council on the report in the coming months, will be fully considered as work in this area is advanced.
As the Deputy may be aware, last year, my Department undertook a public consultation on the issue of parental alienation in 2022 which allowed individuals and organisations to offer their views on the issue.
All views, opinions and experiences submitted as part of that consultation have been carefully considered.
The Department also arranged for independent research on parental alienation to be carried out.
A policy paper integrating the results of the public consultation and and the commissioned research and including recommendations to inform policy will be published by my Department in the coming days.
This marks another significant step towards reform of the Family Justice System and improving access to justice, as committed to by the Programme for Government and Justice Plan 2022.
Both the research report and the policy paper will be published on the Department’s website in the coming days.
157. Deputy Mattie McGrath asked the Minister for Justice the number of reports of child sex abuse made to An Garda Síochána for each of the years 2015 to 2022 and to date in 2023. [25148/23]
View answer
158. Deputy Mattie McGrath asked the Minister for Justice the number of prosecutions for child sex abuse made by An Garda Síochána for each of the years 2015 to 2022 and to date in 2023. [25149/23]
View answerAs the Deputy will be aware, all serious crime (which would include child sexual abuse) is prosecuted by the Director of Prosecutions, who is fully independent in her functions under Section 2(5) of the Prosecution of Offences Act 1974 (as amended).
As Minister for Justice I have no role in the operations, functions, governance or oversight of the Office of the DPP, and I am unable to provide any information relating to the Director's work as a result.
