Skip to main content
Normal View

Thursday, 29 Jun 2023

Written Answers Nos. 313-328

Gender Recognition

Questions (313, 319)

Catherine Connolly

Question:

313. Deputy Catherine Connolly asked the Minister for Social Protection her plans to provide legal recognition for non-binary people; and if she will make a statement on the matter. [31747/23]

View answer

Bríd Smith

Question:

319. Deputy Bríd Smith asked the Minister for Social Protection if she is aware that the 2018 review of the Gender Recognition Act 2015 made several recommendations around the development of non-binary legal recognition; if she is further aware that in her report on the review, dated 26 November 2019, then-Minister for Employment Affairs and Social Protection (details supplied) stated that her Department had carried out an initial scoping exercise on the implications of non-binary recognition, that an interdepartmental group had been established to progress this issue, and that the group was due to complete its work by the end of 2020; if she will provide an update on the work of her Department towards non-binary legal recognition, or on the work of this interdepartmental group; and if she will make a statement on the matter. [31753/23]

View answer

Written answers

I propose to take Questions Nos. 313 and 319 together.

The Review Group for the Gender Recognition Act recommended in its report extending legal gender recognition to non-binary people, while also recognising the complexity of the issue and acknowledging that a comprehensive impact analysis may be required. An interdepartmental group was established to carry out this impact assessment and submit a report to Government for consideration.

While preliminary work was commenced in relation to the inter-departmental group the devotion of resources within the public service to the public health crisis at the time and associated matters meant that it was not possible to further progress the work at that time.

The task to complete the work of the interdepartmental group forms part of the Programme for Government.

Homeless Persons Supports

Questions (314)

Cian O'Callaghan

Question:

314. Deputy Cian O'Callaghan asked the Minister for Social Protection the steps her Department is taking to increase employment participation among people who are homeless; and if she will make a statement on the matter. [31913/23]

View answer

Awaiting reply from Department.

Departmental Consultations

Questions (315)

Seán Sherlock

Question:

315. Deputy Sean Sherlock asked the Minister for Social Protection the amount paid out to all consultancy firms for any services rendered; and the cost per contract for the year-to-date 2023, in tabular form [31696/23]

View answer

Written answers

Consultancy is defined by the Department of Finance as where a person or organisation provides intellectual or knowledge based services (e.g. expert analysis and advice) through delivering reports, studies, assessments, recommendations, proposals, etc. that contribute to decision making or policy development. All consultancy related payments in my Department are made from the consultancy budget (A2(vii) subhead).

The amount paid for consultancy services, by contract, to date in 2023, are set out in the table below.

Company

Contract Purpose

Spend 2023

Bearing Point

Planning, Design, Configuration project implementation and support for the National Intreo Call Centre

€80,112

The Economic and Social Research Institute

DSP/ESRI Research Programme

€60,273

KPMG

Actuarial Review of the Social Insurance Fund

€33,825

Ernst & Young Business Advisory Services

Provision of Audit Services

€21,371

Hyperion Systems Ltd.

Advice on Standard Authentication Framework Environment

€20,570

RSM Ireland Business Advisory Ltd

Evaluation of School Meals Programme

€20,307

Bearing Point

Management Support and Assistance in the establishment and ongoing operation of three new business units including the new Jobseekers National Processing Unit

€16,564

Total

€253,022

Social Welfare Benefits

Questions (316)

Michael Healy-Rae

Question:

316. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will provide an update on the case of a person (details supplied); and if she will make a statement on the matter. [31707/23]

View answer

Written answers

The Person Concerned submitted an application for Jobseekers Allowance on 15/5/2023 on which they stated that they were a full time student.

The Person Concerned was issued with a disallowance letter on 18/5/2023 on the grounds that they were a full time student.

The Person Concerned appealed this decision on the 24/5/2023 and following a review the decision was upheld and the appeal was submitted to the Appeals Office. A decision from the Appeal's Office will issue in due course.

The question of Back to Education was not looked into into this case as the Person Concerned was not in receipt of a qualifying payment for the required period of time and is under the age limit for this payment.

Social Welfare Benefits

Questions (317)

Seán Haughey

Question:

317. Deputy Seán Haughey asked the Minister for Social Protection the class of PRSI paid by pre-1995 civil servants at clerical officer and executive officer level; if she will make appropriate changes to allow these taxpayers claim the fuel allowance and the living alone allowance, and to make them eligible for other schemes which require a qualifying social welfare payment; and if she will make a statement on the matter. [31710/23]

View answer

Written answers

Social insurance contributions are made in accordance with the legislation and the employment terms and conditions in force at the time they are made and eligibility for social insurance benefits flow from that.

Civil and public sector employees, recruited prior to 6 April 1995, pay social insurance contributions at modified rates under classes B, C and D.  Amongst the class B contributors are permanent and pensionable civil servants including clerical and executive officer level.  All civil and public servants recruited from 6 April 1995 pay social insurance at the standard class A rate.  

Prior to 6 April 1995, civil and public servants did not have access to the full range of social insurance benefits as their terms of employment protected them against the main contingencies of illness and old age, and the risk of unemployment was not considered a factor due to the nature of their employment.

Consequently, such contributors pay less in social insurance contributions in return for fewer social insurance benefits.  For example, class B contributors currently pay a contribution at the rate of 0.9% on their weekly earnings up to €1,443 and 4% on weekly earnings over that amount and their employers pay a contribution of 2.01% on all employee earnings.  Class B contributors are currently entitled to Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension, Guardian's Payment (Contributory), limited Occupational Injuries Benefits, Parent's Benefit and Carer's Benefit.

In contrast, civil and public servants recruited from 6 April 1995 pay a class A social insurance contribution of 4% on their weekly earnings and their employers pay a contribution of 8.8% where employees’ weekly earnings are €441 or less and 11.05% where their employees’ weekly earnings exceed €441. Class A contributors have access to the full range of social insurance benefits.

There are several payments made by my Department that are secondary in nature and generally only available to those in receipt of a qualifying payment. These include the Increase for Living Alone and the Fuel Allowance. From January 2023, the Fuel Allowance was expanded to include those aged 70 or over, who do not need to be in receipt of a qualifying social welfare payment. The Fuel Allowance is subject to means-testing. Any changes to allow other groups, such as those in receipt of occupational pensions from the Civil or Public Service, to receive these, other secondary payments and further primary social insurance benefits would have to be considered in overall budgetary context.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (318)

Bernard Durkan

Question:

318. Deputy Bernard J. Durkan asked the Minister for Social Protection the grounds upon which a person (details supplied) is receiving a reduced rate of the State pension; and if she will make a statement on the matter. [31748/23]

View answer

Written answers

The person concerned reached pension age on 17 December 2021. An application for State Pension (contributory) was received on 24 October 2022.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. According to the records of my Department, the person concerned has a total of 505 full-rate contributions which falls short of the requisite 520 paid full-rate contributions.

As the person concerned was employed in the public sector, they were also considered for a mixed insurance pension. To qualify for a mixed insurance pension, 520 employment contributions are required, of which at least 260 must be full-rate employment contributions with the remainder made up of modified contributions. It was decided that the person concerned was entitled to a mixed insurance pension equivalent to 20.88% of the maximum pension rate. This is the correct rate of pension commensurate with their contribution history.

I have arranged for a copy of their insurance record to issue. If the person concerned considers that they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to Social Welfare Services, College Road, Sligo, F91 T384 and their pension entitlement can be reviewed.

It is also open to the person concerned to apply for the means-tested state pension (non-contributory). The maximum rate equates to 95% of the maximum rate of state pension (contributory).

I hope this clarifies the position for the Deputy.

Question No. 319 answered with Question No. 313.

Pension Provisions

Questions (320)

Colm Burke

Question:

320. Deputy Colm Burke asked the Minister for Social Protection the total number of people who are currently on invalidity pension, broken down by gender; and if she will make a statement on the matter. [31756/23]

View answer

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.

The number of people receiving Invalidity Pension (IP) at end of May 2023 was 56,177.

The following table provides a breakdown of persons in receipt of IP by gender:

Male

22,554

Female

33,623

Total

56,177

I trust this clarifies the position for the Deputy.

Pension Provisions

Questions (321)

Colm Burke

Question:

321. Deputy Colm Burke asked the Minister for Social Protection the total number of those who applied for invalidity pension in 2022; the total number of applicants who were refused prior to an appeal in 2022; and if she will make a statement on the matter. [31757/23]

View answer

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. The following table provides a breakdown of Invalidity Pension IP applications received and refused prior to appeal/review during 2022.

Year

2022

Number of IP applications received

8,932

Number of IP applications refused (not qualified)

4,142

I trust this clarifies the position for the Deputy.

Pension Provisions

Questions (322)

Colm Burke

Question:

322. Deputy Colm Burke asked the Minister for Social Protection the total number of people who appealed a decision not to award them an invalidity pension in 2022; the total number who were subsequently successful in their appeal in 2022; and if she will make a statement on the matter. [31758/23]

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.

I am advised by the Social Welfare Appeals Office that in 2022 there were 1633 Invalidity Pension appeals received by that office, of which 964 had subsequent favourable outcomes.

The following table is a breakdown of the number of Invalidity Pension appeals allowed or partially allowed by the Social Welfare Appeals Office (SWAO) in 2022. The table also includes the number of Invalidity Pension appeals where the original decision was revised by the Department in 2022.

2022

Allowed by Social Welfare Appeals Office

Part Allowed by Social Welfare Appeals Office

Revised Decision by Invalidity Pension section in DSP

Total Allowed Appeals / Revised by Dept.

INVP

570

7

387

964

I trust this clarifies the position for the Deputy.

Data Protection

Questions (323)

Paul Murphy

Question:

323. Deputy Paul Murphy asked the Minister for Social Protection to confirm if a jobseeker is obligated to share personal data with a third-party private company (details supplied); the exact scope of the data they are legally required to disclose; the mechanisms of data processing; whether the data could be transferred outside Ireland/the EU; and what safety measures are in place, especially in the context of The Bara judgement, which pertains to data sharing between public and private sectors. [31768/23]

View answer

Written answers

My Department provides a range of employment services to support jobseekers in preparing for, securing, and sustaining employment. These services are either provided directly by the Department’s own staff, or on behalf of the Department through Intreo Partners and other service providers.

Jobseekers in receipt of a payment may be required to engage with an employment service provided by an Intreo Partner. Engagement might include a request to provide relevant information (for example employment history or employment preferences), the scope of which will be restricted to that which is necessary to provide an effective service to the jobseeker. If a Jobseeker is uncomfortable with the nature of the information that is being requested, they should write to this Department so that any valid concerns can be addressed.

The Department’s contracts with Intreo Partners are in compliance with all relevant data protection legislation. Intreo Partners providers are legally bound to observe and adhere to all data protection requirements under GDPR.

A detailed description of the how the Department protects the privacy and data of jobseekers may be found in the Department of Social Protection’s privacy statement, which is publicly available on the Gov.ie website.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Questions (324)

Brendan Griffin

Question:

324. Deputy Brendan Griffin asked the Minister for Social Protection if an application for invalidity pension will be processed for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [31780/23]

View answer

Written answers

Invalidity Pension (IP) is payable to an insured person who satisfies certain Social Insurance (PRSI) contribution conditions and who is permanently incapable of work due to an illness or incapacity and for no other reason.

Claimants must have at least 260 (5 years) paid PRSI contributions class (A, E, H or S) since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their Invalidity Pension claim.

The person concerned applied for IP on 15 May 2023. According to the Department’s records, there were no qualifying contributions paid or credited for her, during the relevant periods, that could be taken into account to establish an entitlement to IP. Accordingly, the application has been disallowed. The person concerned was notified of the decision on 26 June 2023, along with the reasons for this decision and regarding her right of review and appeal.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (325)

Michael Creed

Question:

325. Deputy Michael Creed asked the Minister for Social Protection if she will arrange to issue a decision to a person (details supplied) in County Cork in relation to their domiciliary care allowance appeal. [31792/23]

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 the Domiciliary Care Allowance appeal by the person concerned was registered in that office on 28 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 received in the Social Welfare Appeals Office on 08 May 2023 and the case was referred on 07 June 2023 to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Departmental Expenditure

Questions (326)

Carol Nolan

Question:

326. Deputy Carol Nolan asked the Minister for Social Protection if her Department purchased or produced any memorabilia such as pens, stationery, pins, badges, mugs or other types of souvenirs to mark or celebrate Pride 2023; if so, the costs incurred; and if she will make a statement on the matter. [31817/23]

View answer

Written answers

Representatives from the Department's Equality, Diversity and Inclusion team participated in this years 2023 Pride Festival with colleagues from across the Department; the following items were purchased:

- A Department Banner at  €115.62,

- Hand-waver Flags (100) at €442.80

The above figures are VAT Inclusive. 

Departmental Policies

Questions (327)

Cathal Crowe

Question:

327. Deputy Cathal Crowe asked the Minister for Social Protection the main policy achievements of her Department since 27 June 2020; and if she will make a statement on the matter. [31869/23]

View answer

Written answers

My Department has delivered significant achievements since June 2020.  At that time, the country was in the middle of the public health crisis caused by Covid-19 and my Department introduced the Pandemic Unemployment Payment and Covid-Illness Enhanced Benefit.   Some 29.7 million PUP payments issued at a cost of over €9.2 billion, while 880,000 people received payment under the scheme.  

The  Social Protection Budget for 2023 was the largest in the history of the State.  Budget 2023 included a €12 increase in the maximum rate of all core weekly payments, e.g., pensioners, widows(ers), lone parents, jobseekers, carers, and people with disabilities, with a €2 increase in payments in respect of children of social welfare recipients.   The Working Family Payment thresholds  increased by €40 per week for all family sizes, while there is an increase of €20.50 in the monthly rate of Domiciliary Care Allowance bringing the payment to €330 per month.

Over the past year there was a significant set of lump sum payments in 2022 aimed at providing additional and immediate support to social welfare recipients to deal with the cost of living. These payments include, an additional €400 for Fuel Allowance recipients, an additional €200 for recipients of the Living Alone Allowance, an additional €500 for Working Family Payment recipients, and an additional €500 payment for carers and people with disabilities. Many other Social Welfare recipients received an Autumn bonus, a Christmas bonus and a Spring bonus this year.

More recent or forthcoming measures include:

• a €100 lump sum payment in respect of every child for whom Child Benefit is paid,

• an additional €100 payment will also be paid this year in respect of each child for whom the Back to School Clothing and Footwear Allowance is paid, and

• an extension of the Hot School Meals programme to all DEIS primary schools from September, benefiting 64,500 children.

Child maintenance payments will be disregarded in the means test for social welfare payments; the "efforts to seek maintenance" requirement will also be removed from One-Parent Family Payment and Jobseeker's Transitional Payment; and the liable relative provisions will be discontinued. These are significant policy changes which will be of great benefit to lone parents.

In February 2021, in line with the Programme for Government commitment, a Benefit Payment for 65-year-olds was introduced. This provides a benefit payment, based on an individual’s PRSI record, for employed or self-employed people who are aged between 65 and 66 and who were required to or chose to retire at 65 years.

Also in 2021, my Department undertook a policy review of disregards in the means test for the Farm Assist scheme. As recommended by the review, the list of agri-environmental schemes that attract a disregard (i.e. income ignored from agricultural grants) was extensively extended.  The amount of this disregard also increased from €2,540 to €5,000 from January 2023.

My Department also undertook a mid-term review of the Roadmap for Social Inclusion.  This review of was published on 1 June 2023. The mid-term review included a review of progress in implementation, an assessment of the existing Roadmap ambition, goals and commitments, and a review of the existing Roadmap indicators.

All aspects of the review were informed by an independent stakeholder engagement process, undertaken by Ipsos.  Under the joint Poverty and Social Inclusion research programme, the Economic and Social Research Institute (ESRI) undertook a review of the EU and national indicators used to measure progress against Roadmap ambitions and goals.

The review recognised that there have been significant changes in context since the publication of the Roadmap and that many strategies referenced were out of date.  In total 12 additional commitments have been added to the Roadmap as a result of the mid-term review, with updates made to 17 existing commitments.  Additionally, two new targets have been included and are complemented by seven revised targets.

In September 2022, I announced a series of landmark reforms to the State Pension system.  The measures are in response to the Pensions Commission’s recommendations and represent the biggest ever structural reform of the Irish State Pension system.   These reforms are being worked on right now with a view to implementation in 2024.

My Department has also continued the administration of the School Meals Programme during this period.  The School Meals Programme provides funding towards the provision of food services to some 1,600 schools and organisations benefitting 260,000 children. Since my appointment as Minister for Social Protection, I have increased the number of schools with access to the Hot School Meal option from 37 to over 500.  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 remaining DEIS primary and Special schools from September 2023, benefiting more than 60,000 children.

As part of significant plans to extend the Hot School Meals to all children in the coming years all remaining primary schools have been contacted and have been asked to submit an expression of interest form if their school is interested in commencing the provision of hot school meals. 

Social Welfare Benefits

Questions (328)

Bernard Durkan

Question:

328. Deputy Bernard J. Durkan asked the Minister for Social Protection if an application for an exceptional need's payment towards funeral expenses, currently refused, might be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [31964/23]

View answer

Written answers

Under the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which a person could not reasonably be expected to meet from their weekly income.  An ANP application can be made for assistance with funeral and burial expenses where there is an inability to pay these costs, in part or in full, by the family of the deceased person without causing hardship.

An ANP  is an overarching term used to refer to 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.

According to the records of my Department, the person’s application for an ENP for funeral expenses in respect of her late Mother were disallowed on the basis the person concerned is named as an Executor in the deceased’s will.  As an Executor, the person can pay debts such as funeral expenses from the deceased’s Estate.

Following your representation, a review of the decision is underway.  When the review process has been completed, the Review Officer will confirm the outcome to the person in writing.

I trust this clarifies the matter.

Top
Share