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Tuesday, 27 Jun 2023

Written Answers Nos. 401-418

State Pensions

Questions (401)

Bernard Durkan

Question:

401. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate to the grounds upon which an individual in receipt of an income from an Approved Retirement Fund, before age 66 years, must pay S class contributions before qualifying for the State pension, which ultimately disqualifies them from receiving the jobseeker's benefit bridging payment before qualifying for the State pension at age 66 as they are then classed as a self-employed contributor, despite not being self-employed; and if she will make a statement on the matter. [31054/23]

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Written answers

Benefit Payment for 65 Year Olds was introduced in line with the Programme for Government commitment to address the position of people who are required to or choose to retire at age 65 before the pension age of 66. The payment is provided for under the Jobseeker’s Benefit or the Jobseeker’s Benefit (Self-Employed) legislation as appropriate and a person must satisfy the qualifying conditions for these schemes, including the relevant PRSI social insurance requirements, in order to qualify for support.

A key feature of the payment is that recipients do not have to sign on or partake in activation measures or to be available for and genuinely seeking work to avail of it. Unlike other Jobseeker's Benefit customers, who are paid at a graduated rate according to their previous earnings, recipients of this payment are paid at the maximum personal rate of Jobseeker's Benefit. The personal rate has increased from €208 to €220 as part of Budget 2023.

Class S Self-employed contributors pay PRSI on a wide variety of self-employment income. These contributions help to ensure that individuals qualify for social welfare benefits, including pensions. The qualifying conditions for Jobseekers Benefit (Self-Employed) include the requirement that a person has completely ceased self-employment. For that reason, individuals who continue to pay Class S PRSI on a variety of income sources would not satisfy the conditions for Benefit Payment for 65 Year Olds as they are not regarded as having ceased self-employment; they continue to pay Class S PRSI and are to be regarded as being in insurable self-employment.

Regulations have been signed in relation to persons with income from an Approved Retirement Scheme (ARF). The regulations provide that a self-employed contributor in receipt of income solely from an ARF is treated the same as a person without income from an ARF when it comes to eligibility for Jobseeker's Benefit (Self-Employed). In both cases the loss of employment by a self-employed person founded on the person's PRSI contributions are relevant determining factors.

Where a person does not qualify for Benefit Payment for 65 Year Olds they may be eligible for support under the means-tested Jobseeker's Allowance scheme subject to satisfying the qualifying conditions for that scheme.

I trust this clarifies the position for the Deputy.

Social Welfare Payments

Questions (402)

Jennifer Murnane O'Connor

Question:

402. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if a person (details supplied) can access a welfare payment. [30502/23]

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Written answers

The person concerned currently has a Jobseekers Benefit Credits only claim awarded since August 2019.

Details of all schemes available from the Department are available on www.gov.ie or from a Local Intreo Office.

If the person concerned feels they may have an entitlement to an additional or alternative payment they may complete an application either online or in person at their local Intreo Office. Their local office will also be able to guide them through the process of application, and other services including Gov.ie, MyWelfare.ie and Citizens Information.

Social Welfare Rates

Questions (403)

Claire Kerrane

Question:

403. Deputy Claire Kerrane asked the Minister for Social Protection the basis on which jobseeker’s benefit applicants who are ancillary staff who work in schools and have to sign on for jobseeker’s benefit for the summer months will have their rate calculated (details supplied); and if she will make a statement on the matter. [30520/23]

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Written answers

All Educational Sector Workers including ancillary staff who work in schools who wish to avail of income support while temporarily laid-off during the school breaks can apply for a jobseeker’s payment but must satisfy all the qualifying contributions and conditions to receive this payment. This includes being available for full-time work and genuinely seeking work at each school break.

To qualify for jobseeker’s benefit a person must first satisfy certain contribution conditions. In addition, the amount of a person's average reckonable weekly earnings in the Governing Contribution Year (GCY) determines the rate of benefit payable. For new claims made in 2023, the GCY is 2021.

In order to calculate the rate of benefit payable a person's earnings from employment in the GCY is divided by the number of qualifying contributions, in that year, where the average weekly earnings must be above the statutory amount of €300 in order to receive the maximum rate of benefit. Graduated rates of Jobseeker’s Benefit are applied where the statutory amount is under €300.

The standard calculation of earnings divided by the number of qualifying paid contributions continues to apply as normal where a person has actual earnings and related paid contributions in the GCY.

In respect of any periods of a school closure due to Covid in 2021 a person will be credited with attributed contributions for that time.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (404)

Jennifer Murnane O'Connor

Question:

404. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if a person (details supplied) was denied a welfare payment. [30531/23]

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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.

An application for CA was received from the person concerned on 20 February 2023.

It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

The evidence submitted in support of the application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 9 March 2023 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested a review of this decision and submitted additional evidence in support of their application.

Following this review, the decision has remained unchanged.

The person concerned was notified on 15 May 2023 of this decision, the reason for it and of their right of review and appeal.

I hope this clarifies the matter for the Deputy.

State Pensions

Questions (405)

Seán Canney

Question:

405. Deputy Seán Canney asked the Minister for Social Protection when the State pension will be increased to 34% of average earnings to meet the Government’s commitment on pensions; and if she will make a statement on the matter. [30536/23]

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Written answers

As part of the Roadmap for Social Inclusion 2020-2025, Government committed to finalising an approach for the benchmarking and indexation of pension payments.

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, in line with the recommendations of the Pensions Commission, 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.

It references published CSO earnings statistics – calculating 34% of average earnings (excluding irregular earnings and overtime) and referencing the Harmonised Indices of Consumer Prices (HICP) to calculate a price adjusted rate.

Social Welfare Benefits

Questions (406)

Brendan Griffin

Question:

406. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an invalidity pension application by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [30539/23]

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Written answers

Invalidity 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.

I can confirm that my Department received an application for IP and this individual has been awarded their claim with effect from 18 May 2023. They will receive their first payment to their nominated bank account on 6 July 2023. Any arrears due from 18 May 2023 to 5 July 2023 will issue shortly. The person in question was notified of this decision on 21 June 2023.I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (407)

Emer Higgins

Question:

407. Deputy Emer Higgins asked the Minister for Social Protection the number of bonus payments of weekly child benefit that were made in November 2022 as part of the package of cost-of-living measures; the overall cost of same; the number of households that benefitted; and if she will make a statement on the matter. [30543/23]

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Written answers

Child Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17, if they are in full-time education or full-time training or have a disability and cannot support themselves.

Claimants in receipt of Child Benefit received a double payment in November 2022, which benefited approximately 650,000 families in respect of over 1.2 million children, at a cost of €170 million.

I trust this clarifies the position for the Deputy.

Social Welfare Payments

Questions (408)

Bernard Durkan

Question:

408. Deputy Bernard J. Durkan asked the Minister for Social Protection when a guardianship payment will issue in the case of a person (details supplied); and if she will make a statement on the matter. [30550/23]

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Written answers

Following an Appeals Officer decision, payment of an increased rate of guardians payment non-contributory for the person concerned will be made to her nominated account from 30 June 2023. All arrears due will issue to her account on the same date.

The Department has notified the person concerned.

I trust this clarifies the matter for the Deputy.

Legislative Measures

Questions (409, 410)

Seán Sherlock

Question:

409. Deputy Sean Sherlock asked the Minister for Social Protection if it is her intention to legislate for an automatic enrolment retirement savings scheme in 2023; if so, if the scheme will be open for workers from January 2024; if not, from what proposed date; when the arrangements will be put in place for the scheme; when the legislation will be published; and if she will make a statement on the matter. [30588/23]

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Seán Sherlock

Question:

410. Deputy Sean Sherlock asked the Minister for Social Protection if she intends to take on board the recommendations from the report of the Joint Oireachtas Committee on pre-legislative scrutiny of the general scheme of the Automatic Enrolment Retirement Savings System Bill 2022; which recommendations she will be taking on board in the Bill; and if she will make a statement on the matter. [30589/23]

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Written answers

I propose to take Questions Nos. 409 and 410 together.

The introduction of a pensions auto-enrolment system is a Programme for Government commitment, and a key priority for me as Minister for Social Protection.

Last year, I published 'The Design Principles for Ireland’s Automatic Enrolment Retirement Savings System', which set out the new system in detail. It envisaged that the enrolment of the first AE participants would commence in 2024.

A dedicated project team in the Department of Social Protection is solely focused on implementing the agreed design, including by drafting the necessary legislation that will underpin it, designing the organisational structures and the technical system to operate it, and communicating this landmark reform to stakeholders and the public.

The Joint Oireachtas Committee on Social Protection recently published its report on the pre-legislative scrutiny of the Heads of Bill to establish the AE system, setting out 21 observations and recommendations. I am considering these recommendations in the drafting of the Bill, but would note that several of them are already incorporated in the design agreed by Government for implementation in a later phase once the system is bedded in. Other recommendations cannot be accommodated as they would require considerable change to the design already agreed by Government. The completion of the Committee’s scrutiny of the AE Heads of a Bill nevertheless represents an important step in the legislative process.

Another key workstream is the procurement of pension administration services, for which the tendering Pre-Qualification Questionnaire (PQQ) was published this month.

I expect to publish the AE Bill shortly and the legislation will commence it's passage through the Oireachtas in the Autumn.

I hope this clarifies the matter for the Deputy.

Question No. 410 answered with Question No. 409.

Social Welfare Benefits

Questions (411)

Brendan Griffin

Question:

411. Deputy Brendan Griffin asked the Minister for Social Protection when a decision will be made on a domiciliary care allowance application by a person (details supplied); and if she will make a statement on the matter. [30595/23]

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Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention in the home, substantially in excess of the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 months.

An application for DCA in respect of the child concerned was received from the applicant on 8 September 2022.

Their application was disallowed as per decision dated 21 October 2022 as it was considered that the child did not satisfy the conditions for DCA.

The person concerned requested a review of the above decision. Following a review of their application, including the further information and evidence that was provided in support of the review, a deciding officer decided not to revise the original decision as per review decision dated 11 January 2023.

The person concerned requested a further review of the decision not to award their application for DCA in respect of the child concerned and provided further supporting evidence. Following a further review of their application, including the further supporting evidence that was provided, a deciding officer decided not to revised the department's decision of 21 October 2022, as per review decision dated 02 March 2023.

A new application for DCA in respect of the child concerned was received from the applicant on 14 June 2023.

DCA applications are processed in date of receipt order and are currently taking 6-8 weeks to process from date of receipt.

Once a decision is made, the person concerned will be notified of the decision in writing.

I trust this clarifies the position for the Deputy.

Social Welfare Schemes

Questions (412)

Carol Nolan

Question:

412. Deputy Carol Nolan asked the Minister for Social Protection to address concerns that persons applying for disability allowance are being charged €60-80 for letters by their GPs; if he is taking any measures to provide for the reimbursement of these costs to those who successfully qualify for disability-related payments or supports; and if she will make a statement on the matter. [30599/23]

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Written answers

A number of schemes administered by my Department require medical evidence, provided by a GP, as part of the application process or as part of the process to determine continued eligibility for a certain payment. The Department has a panel of Medical Certifiers who carry out this role.

Payment in respect of completed Medical Certificates and Reports is made on an agreed fee-per-item basis to a Medical Certifier. The Medical Certifier completes and returns the required Certificate or Report to the Department or their patient as required, when requested to do so by the Department.

A Certifier cannot charge a fee for this Certificate or Report. Payments are issued from the Department to Certifiers for the completion of medical certification and medical reports. These payments may be in addition to whatever fees are charged for the clinical examination and treatment of patients. This fee is a matter for each individual GP or GP practice and is paid for by the patient privately or through the Medical Card/GP Visit Card service provided by the HSE.

If the Deputy is aware of any instance where they believe a GP may not be adhering to their obligations as a Medical Certifier of my Department, it should be brought to the attention of the Medical Review and Assessment Service section of my Department.

I hope this clarifies matters for the Deputy.

Social Welfare Appeals

Questions (413)

Pádraig O'Sullivan

Question:

413. Deputy Pádraig O'Sullivan asked the Minister for Social Protection when a decision will be made on an appeal for a person (details supplied); and if she will make a statement on the matter. [30624/23]

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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 me that an appeal by the person concerned was registered and in line with statutory requirements of the appeals process the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal were sought.

The additional medical evidence submitted by the person with his appeal has been reviewed by the Invalidity Pensions Section of the Department. Following this review by the Department, the person referred to has been awarded Invalidity Pension with effect from 08 December 2022 and will receive his first payment to his nominated bank account on 13 July 2023. Any arrears due from 08 December 2022 to 12 July 2023 will issue shortly. The person in question was notified of this decision on 23 June 2023.

This Appeal has now been withdrawn.

I trust this clarifies the matter for the Deputy.

Covid-19 Pandemic Supports

Questions (414)

Neasa Hourigan

Question:

414. Deputy Neasa Hourigan asked the Minister for Social Protection further to Parliamentary Question 83 of 23 May 2023, if she will provide an update on her engagements with the Minister for Health and Minister for Enterprise, Trade and Employment in relation to supports for health care workers experiencing long-Covid as a result of their service; and if she will make a statement on the matter. [30633/23]

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Written answers

Chapter 13 of Part 2 of the Social Welfare Consolidation Act 2005 legislates for the Occupational Injuries Benefit scheme for persons injured by an accident at work or caused by a prescribed disease due to the nature of their employment.

Covid-19 is not currently a prescribed disease or illness for the purposes of the Occupation Injuries Benefit scheme. 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.

My Department is aware of the recommendation of the European Commission regarding Covid-19. The decision on whether or not to recognise an illness as an occupational illness is a Member State competence. I have consulted with other relevant departments and ministers on the matter of recognition of COVID-19, and the responses received are currently under consideration.

It should be noted that the European Commission has not made a recommendation about recognising long-COVID as an occupational disease and most member states have not recognised long-COVID. The UK Department of Work and Pensions presented a report to the UK parliament in November 2022 which concluded that long-COVID should not be considered an occupational disease due to the lack of evidence and the evolving nature of the illness.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (415)

Paul McAuliffe

Question:

415. Deputy Paul McAuliffe asked the Minister for Social Protection if she will carry out a full review of the contributory pension of a person (details supplied). [30753/23]

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Written answers

The person concerned was in receipt of an Increase for a Qualified Adult on their State Pension (Contributory). An increase for a qualified adult is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment.

As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means-tested payments are carried out.

Following a recent review of this allowance, the qualified adult of the person concerned was assessed with means of €770.00 per week. It has been decided that there is no longer an entitlement to this allowance as their spouse’s weekly means exceeds the statutory limit of €310.00 per week. The person concerned was notified of this decision on 19 June 2023 and informed of their right to review and to appeal. The decision is from a current date and no overpayment has been raised. I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (416)

Willie O'Dea

Question:

416. Deputy Willie O'Dea asked the Minister for Social Protection the reason a person (details supplied) is having money deducted from their pay which they did not agree to; if she will request that the deductions be stopped; if she will provide a full breakdown of the total overpayment; and if she will make a statement on the matter. [30754/23]

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Written answers

In relation to the details supplied, officials from my Department will contact the person directly to clarify the situation.

Social Welfare Benefits

Questions (417)

Holly Cairns

Question:

417. Deputy Holly Cairns asked the Minister for Social Protection her views on introducing a cost of disability payment in Budget 2024 of at least €20 per week as a first step to addressing the significant additional costs of having a disability. [30775/23]

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Written answers

The Indecon Cost of Disability report highlighted 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. It also highlighted that the cost of disability is significantly broader than the income support system and includes housing, equipment, transport, medicines and care. The report therefore suggested that the issue needs a whole-of-government response.

The Department of Social Protection provides income supports for people with disabilities. The main long term disability payment supports are Disability Allowance, Invalidity Pension and Blind Pension. The combined number of recipients of these payments was 216,000 as of May 2023.

Based on the current recipients of disability payments from my Department, the estimated costs associated with introducing a cost-of-disability payment of €20 per week would be €225 million in a full year.

The 2022 census suggests there are 1.1 million people experiencing at least one long-lasting condition or difficulty, therefore the costs estimated above are likely to be significantly higher.

I will continue to keep the range of supports provided by this Department under review. However, any changes to the current supports provided, or the introduction of new payments as suggested by the Deputy, would have to be considered in an overall budgetary and policy context.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Questions (418)

Duncan Smith

Question:

418. Deputy Duncan Smith asked the Minister for Social Protection if there is a rule preventing a person on disability allowance or invalidity pension from taking up an unpaid directorship in a company; if such applies in respect of a community group or charity; and if she will make a statement on the matter. [30860/23]

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Written answers

The Department of Social Protection provides income supports for people with disabilities. The main long term disability payment supports are Disability Allowance and Invalidity Pension.

Disability Allowance is subject to a medical assessment and means test. The means assessment includes income from employment or self-employment, income from a social security pension from another country and maintenance payments. Where a person in receipt of Disability Allowance intends to undertake unpaid voluntary work they should inform the Department. Their Disability Allowance payment is not affected as long as they continue to meet the qualifying conditions of the scheme including the medical eligibility.

Entitlement to Invalidity Pension is dependent on the individual’s social insurance contribution record and they must be medically unfit for work due to an illness. Where a person in receipt of Invalidity Pension intends to undertake unpaid voluntary work they should inform the Department. An exemption to undertake voluntary work will be granted only for work with a registered voluntary organisation and upon receipt of confirmation from that organisation that there is no remuneration for the work and that the work will be for no more than 10 hours per week.

I hope this is of assistance to the Deputy.

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