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Tuesday, 25 Jul 2023

Written Answers Nos. 667-681

Climate Change Policy

Questions (667)

Ivana Bacik

Question:

667. Deputy Ivana Bacik asked the Minister for Social Protection the commitments made by Ireland under the remit of her Department at COP26 and COP27, respectively; the progress made to date on actioning those, in tabular form; and if she will make a statement on the matter. [36883/23]

View answer

Written answers

Progress on the targets outlined in successive Climate Action Plans is reported at gov.ie - Climate Action Plan Progress Reports (www.gov.ie). www.gov.ie/en/publication/55fde-climate-action-important-publications/#progress-reports.

The Department of Social Protection is responsible for two specific actions in the current Climate Action Plan 2023:

- to ensure that targeted social welfare measures are put in place to prevent fuel poverty and support a just transition, and

- to promote timely and tailored activation and training responses for workers whose jobs are at risk by the decarbonisation process.

These actions towards a just transition to a low-carbon, climate-resilient society are encompassed in my Department’s overall function to provide social welfare supports and employment services to vulnerable cohorts of society.  

The Use of Carbon Tax Funds from Budget 2023, published by the Department of Public Expenditure, NDP Delivery and Reform in September 2022, sets out how the carbon tax revenues are targeted through the social welfare system to prevent fuel poverty and ensure a just transition.  Some 35% of the total estimated carbon tax revenues will be spent on social protection measures in 2023 representing a total allocation of €218m for social protection interventions.  Carbon tax funds will continue to be utilised to provide targeted social protection measures to prevent fuel poverty and ensure a just transition in the 2024 budget.

Regarding activation and training, when the Department receives a notification of collective redundancy from an employer, the Employer Relations Division of my Department makes contact with the company and provides information on income, redundancy entitlements and employment supports for their impacted employees.  This communication contains a video presentation to be shared with their staff.  In addition, a team from the Department is available to meet with the workforce, virtually or in person, to ensure speedy access to income supports and to support them into alternative employment, or to access appropriate education, training and development options.

When a person moves onto a jobseeker payment, this team work with the individual focusing on what they need to assist them re-enter the workforce.  This individualised support comes in various forms including the provision of supports and schemes available when a customer returns to employment, to full or part time education or who wishes to start their own business.  My Department also provides an online jobs portal - JobsIreland.ie.

The Department of Social Protection complies with annual Public Sector Climate Action Mandates and the Public Sector Climate Action Strategy 2023-2025 in working towards agreed emissions reduction targets.  The Department’s progress on climate action is reported in its annual reports.  In June 2021 the Department of Social Protection was the first government Department to be awarded certification in ISO 50001:2018 Energy Management and has robust systems in place to monitor and measure energy performance and savings.  My Department is currently on track to reach the 50% energy reduction target for 2030.  We achieved energy efficiency savings of 44% during 2021, an improvement on 42% savings during 2020.  The 2022 energy savings figure has yet to be formally verified, but further savings are anticipated following the Department’s participation in the Reduce your Use campaign which commenced in October 2022.

Departmental Policies

Questions (668)

Brendan Smith

Question:

668. Deputy Brendan Smith asked the Minister for Social Protection when she expects the Government to finalise its approach to benchmarking and indexation of pension payments, as committed to in the Roadmap for Social Inclusion 2020-2025; the reasons for the delays in finalising this approach to date; and if she will make a statement on the matter. [35526/23]

View answer

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 for their consideration in September each year, commencing this year.

I trust this clarifies the matter for the Deputy.

Departmental Policies

Questions (669)

Sean Fleming

Question:

669. Deputy Sean Fleming asked the Minister for Social Protection the up-to-date the position in relation to ending the campaign to pursue former partners for unpaid child maintenance and where a former partner continues to pay support to their former partner/family; if this will be deducted from the payment to the person in receipt of social welfare; and if she will make a statement on the matter. [35591/23]

View answer

Written answers

The Report of the Child Maintenance Review Group was published last November.  The Government accepted the Group's recommendations in relation to the social welfare system.  I am pleased to say that, pending the introduction of the necessary legislation, my Department has already implemented some of the recommended changes on an administrative basis.

My Department is no longer applying the "efforts to seek maintenance" requirement to One-Parent Family Payment and Jobseeker's Transitional Payment.  This had been done on an administrative basis since the end of last year.  However, I have since signed a Regulation to remove this requirement from the statutory provisions.  This requirement often involved lone parents having to go to Court to seek a maintenance order, so this change removes a potential additional stress for them, as well as helping to reduce the burden on our courts system.

In addition, the liable relative provisions are not being applied to new claims for One-Parent Family Payment.  This means that my Department will no longer seek to recoup a portion of claim costs from the non-resident parent in these cases.  I want to be very clear that removing these provisions does not replace or supersede the primary responsibility of parents to maintain their children.

Furthermore, child maintenance payments will be disregarded in the means test for social welfare payments.  This measure will mean that many lone parents currently on reduced rates of payment will see their payment increase and some additional lone parents will qualify for a payment.  It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents at a cost of approximately €10 million per year.  

These are very significant reforms of the social welfare system which will be of great benefit to lone parents.  These changes require amendments to both primary and secondary legislation as well as changes to some of my Department’s systems, application forms and processes.  Work on the legislation to remove the is at an advanced stage.  I have recently received Government approval to draft the changes to primary legislation required in relation to the liable relatives provisions and the means test.  In the meantime, as I have already mentioned, on an administrative basis, the liable relative provisions are not being applied to new claims.

Social Welfare Benefits

Questions (670, 703)

Jennifer Murnane O'Connor

Question:

670. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if there are any plans to extend the free travel scheme to patients with epilepsy; and if she will make a statement on the matter. [35599/23]

View answer

Ged Nash

Question:

703. Deputy Ged Nash asked the Minister for Social Protection if she will consider providing for the extension of the free travel scheme to a category of individuals (details supplied); and if she will make a statement on the matter. [36151/23]

View answer

Written answers

I propose to take Questions Nos. 703 and 670 together.

The Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme.  There are over one million customers with direct eligibility.  The estimated expenditure on free travel in 2023 is €95 million.

It is important to note that, in general, access to a free travel pass for those aged under 66 is a secondary benefit linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit.  As many illnesses or physical conditions have an impact ranging from mild to severe, entitlement to these social welfare schemes is not provided on the basis of a diagnosis but on the basis of the impact of that diagnosis on the individual concerned and in the case of Disability and Carer's Allowance to an assessment of their means.  In this way, resources can be targeted to those most in need.

I am aware of an ongoing campaign by Epilepsy Ireland.  I fully recognise the issues and difficulties that can arise due to a person being diagnosed with epilepsy and who is unable to drive as a result of their condition.

I have met with representatives of Epilepsy Ireland to discuss its proposal in detail and, following the meeting, I asked my Department officials to examine the issues raised in relation to access to the Free Travel scheme.

I am awaiting a report from my officials on the issues raised by Epilepsy Ireland.  I expect to receive the report shortly and will carefully consider its contents and any recommendations that it may contain. 

I hope this clarifies the matter for the Deputies.

Social Welfare Payments

Questions (671)

Éamon Ó Cuív

Question:

671. Deputy Éamon Ó Cuív asked the Minister for Social Protection the reason social welfare applications that are successful but delayed in processing are not being backdated automatically to the date of initial application; and if she will make a statement on the matter. [35633/23]

View answer

Written answers

My Department is committed to providing a quality service to all customers, ensuring that claims are processed as quickly as possible and that delays are kept to a minimum.

Delays can arise where people submit an application without all of the necessary supporting documentation.  It is important that anyone applying for social welfare payments should provide as much information as possible when sending in their claim.  This will enable a decision to be made more quickly for them.

In cases where there is a delay in processing a claim, my Department's schemes award from the date the application is received, providing that all of the qualifying criteria are met and that the person has an entitlement to the payment at the time of application.  In certain circumstances, an application may be backdated to a date before the application was received.

The following schemes may differ in their approach in some circumstances, as outlined below.

Domiciliary Care Allowance is a monthly payment. On award,DCA will be paid from the first day of the month following the date of receipt of application.

Child Benefit is a monthly payment.  The scheme area record the date the claim is received as the date of application.  When the claim is received, Child Benefit will be paid from the first Tuesday of the month after the child is born or becomes a member of the family or after the family takes up residence in Ireland.  If a claim is made late, it is paid from the first day of the month after the claim is received.

Maternity, Paternity, Parents, Adoptive and Health & Safety Benefit are schemes where the customer selects the date of commencement and, therefore, this is the date from which the decision applies.  The schemes process claims in the order of the leave commencement date in order to avoid delays.

I am happy to look into any particular case the deputy may wish to address.

I hope this clarifies the matter.

Community Welfare Services

Questions (672)

Holly Cairns

Question:

672. Deputy Holly Cairns asked the Minister for Social Protection the number of community welfare officers, by INTREO office, from 2011 to date, in tabular form. [35654/23]

View answer

Written answers

There are 455 staff engaged in the delivery of Community Welfare Service of which 275 are front-line Community Welfare Officers (CWOs) working face-to-face with clients in offices located across the country.  The distribution of these 275 CWOs are in the table below:

County

Number of CWOs available to meet clients

Carlow

3

Cavan

3

Clare

8

Cork

27

Donegal

13

Dublin

61

Galway

15

Kerry

15

Kildare

9

Kilkenny

6

Laois

4

Leitrim

3

Limerick

18

Longford

4

Louth

10

Mayo

10

Meath

4

Monaghan

3

Offaly

4

Roscommon

3

Sligo

4

Tipperary

13

Waterford

7

Westmeath

9

Wexford

13

Wicklow

6

Total

275

There are over 180 staff at all grades including CWO's supporting the Community Welfare Service (CWS).  Their roles include but are not limited to: 

• Operating the freephone CWS National Phoneline.

• Working in back-office support teams which take on the more routine administrative tasks associated with claim processing and free up front-line CWOs to deal directly with clients and their claims.

• Managing applications for the Daily Expenses Allowance from applicants for International Protection who are living in IPAS approved accommodation.  This Allowance is paid on behalf of the Department of Children, Equality, Disability, Integration and Youth through the CWS payment system.  

• Working in the national CWS Response Team, which is the primary resource in responding to pressure points and surges in demand for Community Welfare Services.

• A small training team provides training for new and existing members of the CWO Team.

• Rent Supplement claim processing nationwide has been consolidated into the National Rent Supplement Section (NRSS) and this team manages a claimload of almost 9,400 claims.

Given the fluctuation in demand for the Community Welfare Service, particularly during the pandemic when resources were allocated to areas where they were most needed, staffing numbers within locations changed frequently.  Therefore, it is not possible to provide accurate information relating to number of CWOs for prior years.

I trust this clarifies the matter.

Social Welfare Appeals

Questions (673)

Rose Conway-Walsh

Question:

673. Deputy Rose Conway-Walsh asked the Minister for Social Protection if she is aware of the case of a 12-month wait for an appeals decision on a carer’s allowance application by a person (details supplied); the reasons for the delay; and if she will make a statement on the matter. [35663/23]

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 an appeal by the person concerned was registered on the 20th October 2022.  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 on 17th November 2022 and the case assigned to an Appeals Officer, who, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 17th January 2023.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision. 

I am advised that the person concerned has submitted additional evidence and that the Appeals Officer has agreed to review the case.  The person concerned will be contacted when the review of the appeal has been finalised.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (674)

Mattie McGrath

Question:

674. Deputy Mattie McGrath asked the Minister for Social Protection if the widowed or surviving civil partner grant can be made payable to the guardian of the dependent child where the widow has abandoned the dependent child and where the grant would be of huge benefit to the child to assist with educational expenses; and if she will make a statement on the matter. [35665/23]

View answer

Written answers

The Widowed or Surviving Civil Partner grant is a once-off payment of €8000 and is available to widows, widowers or surviving civil partners who have one or more dependent children living with them at the date of death, or a widow or surviving civil partner whose child is born within 10 months of the date of death of her spouse or civil partner.  The applicant must also qualify for certain Social Protection payments.

The widowed or surviving civil partner grant is governed by legislation and is not payable other than in the circumstances outline in the legislation.  Under the current scheme rules, a guardian is not eligible for the widowed or surviving civil partner grant.

Awarding the widowed or surviving civil partner grant to people who are not legally widows, widowers or surviving civil partners would involve a significant income support policy change.  The basis on which a person would become entitled to the grant, would require significant consideration, and raise complex legal and administrative challenges. 

Any decision to award the widowed or surviving civil partner grant in the circumstances outlined by the Deputy would have to take the above into consideration as well as any increased budgetary requirements.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (675)

Brendan Griffin

Question:

675. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a carer’s allowance appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [35677/23]

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 on the 30th January 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 were received on 12th June 2023 and the case was assigned to an Appeals Officer on 14th June 2023,  who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (676)

Verona Murphy

Question:

676. Deputy Verona Murphy asked the Minister for Social Protection to provide an update on the status of a carer’s allowance application; what further timeframe is expected on a decision on a carer’s allowance review initiated on 7 February 2023 for a person (details supplied); and if she will make a statement on the matter. [35679/23]

View answer

Written answers

Carer's Allowance 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.

In order to qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention and that the person being cared for requires full-time care and attention.

A review of this Carer’s Allowance claim commenced on 6 October 2022.  Based on the information provided by the person concerned at that time, the claim was terminated with effect from 7 December 2022 and an overpayment was subsequently raised as the person concerned was working over the permitted 18.5 hours per week and full-time care was not being provided.  The person concerned was notified of this on 2 December 2022 and of their right to review and / or appeal.

The person concerned contacted the Department seeking a review of the decision to terminate the claim stating that they had since reduced their hours of employment and that full time care was being provided.  They provided additional evidence in support of their request.  Before the review could be completed, the Department was notified that the care recipient had passed away on 13 April 2023.  My Department offers sincere condolences to the bereaved family.

Since then, the additional information provided by the person concerned has been reviewed and, having taken all circumstances into consideration, it has been decided to reinstate the Carer’s Allowance claim with effect from 8 December 2022.  The person concerned is also entitled to the 12 weeks after death payment from 13 April 2023, giving an entitlement to Carer’s Allowance up to 12 July 2023, which includes the Carer’s Support Grant for 2023.

The claim has been reinstated for the above period and a letter issued to the person concerned on 19 July 2023 confirming this.

It is Departmental policy to offset any arrears due to a customer against any debt owed by that customer to the Department.  All customers have the right to comment on any proposed method of recovery prior to it being implemented.  In this regard, a letter will issue to the person concerned shortly.

I hope this clarifies the matter for the Deputy.

Departmental Policies

Questions (677)

Dara Calleary

Question:

677. Deputy Dara Calleary asked the Minister for Social Protection if there are plans to continue paying child benefit beyond the age of 18 years when the person is in full-time education. [35713/23]

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 students in full time education 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.

Departmental Policies

Questions (678)

Alan Kelly

Question:

678. Deputy Alan Kelly asked the Minister for Social Protection her views on the treatment purchase scheme introduced in May 2022 where a benefit grant of €500 is available for certain health expenses, but there are circumstances in which a person (details supplied) does not qualify; and if she will make a statement on the matter. [35721/23]

View answer

Written answers

The Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependant spouse/partner who have the required number of social insurance (PRSI) contributions. 

The hair replacement benefit which was introduced in May 2022 is an annual benefit of up to €500 available to persons who satisfy the medical requirements and the PRSI conditions of the Department’s Treatment Benefit scheme.

The payment assists people who have suffered hair loss due to a disease or treatment of a disease such as cancer or certain types of alopecia to purchase a hair replacement product.

In order to qualify for treatment benefit (when aged over 66 years), a PRSI contributor must satisfy the conditions of having a total of 260 paid contributions at class A, E, H, P or S since starting work and 39 contributions paid or credited in any of the relevant tax years.

The person concerned does not meet these criteria. Although she has the 260 required paid contributions, she does not have the 39 paid at the relevant rate or credited contributions in any of the years 2013 to 2020, which are the relevant tax years on which the claim is based.  As a result, she does not satisfy the conditions for treatment benefit under the Department's PRSI scheme. 

I trust this clarifies the matter.

Departmental Policies

Questions (679)

David Cullinane

Question:

679. Deputy David Cullinane asked the Minister for Social Protection whether she will recognise Covid-19 as an occupational illness for healthcare workers following the recommendation of the European Commission; and if she will make a statement on the matter. [35750/23]

View answer

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.  Responses already received from other relevant departments and Ministers on the matter are currently under consideration and I intend having further discussions with them before coming to a decision. 

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (680)

Brendan Griffin

Question:

680. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal for carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [35755/23]

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 on the 21st July 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. 

When these papers have been received from the Department, the case in question will be 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 appeal hearing.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (681)

Pádraig O'Sullivan

Question:

681. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if consideration will be given to increasing the capital disregard threshold of €20,000 as part of the means assessment for a personal rate State pension (non-contributory) entitlement; and if she will make a statement on the matter. [35769/23]

View answer

Written answers

The Department of Social Protection provides income supports through a mixture of contributory payments (which are based on a person's social insurance record) and means-tested social assistance payments.  The 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. 

The system of social assistance supports provides payments based on an income need.  The means test plays a critical role in determining whether or not an income need arises as a consequence of a particular contingency – such as disability, unemployment or caring.  This ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

Social welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme.  The means assessment includes income from sources such as employment, self-employment, occupational pensions and maintenance payments.  It also includes property owned, other than the family home, and capital such as savings, shares, and other investments.

The assessment of capital reflects an expectation that people with reasonable amounts of capital and property are in a position to use that capital, or to realise the value of the property, to support themselves without having to rely solely on a means-tested welfare payment.

While savings are assessed in the means test, most social protection schemes have a general capital disregard, meaning the full amount of the capital is not assessed.

In the case of the means assessment for a personal rate of the State Pension (Non-contributory), the first €20,000 (€40,000 for a couple) of capital an applicant holds is fully disregarded; the next €10,000 is assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.

The capital assessment formula is not designed to reflect interest or annuity rates available to investors and no account is taken of interest or dividend payments received in the means assessment. 

I have introduced a number of changes to means testing in recent years, including providing for higher income disregards for Disability Allowance and Carer's Allowance.  These disregards ensure that, where people are in receipt of a social assistance payment and are working, their income from work, to the level of the income disregard, is not assessed in the means test.

Any changes in this regard would have to be considered in the overall policy context, however I have committed to a carrying out a broad review of means testing this year which will include consideration of means test provisions.  This review is ongoing and I hope to complete it in Quarter 4.

I trust this clarifies the matter for the Deputy.

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