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Wednesday, 20 Sep 2023

Written Answers Nos. 600-619

Housing Policy

Questions (600)

Claire Kerrane

Question:

600. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage how many applications have been made to appeal the inclusion of agricultural land in the RZLT; how many have been refused; and if he will make a statement on the matter. [40637/23]

View answer

Written answers

In relation to the Residential Zoned Land Tax, only land that has been zoned for residential use or for a mixture of uses including residential within a local authority development plan or local area plan, as adopted by the elected members of the local authority, and that is serviced, will potentially fall into scope for the tax. Zoned land that is within the scope of RZLT will be identified on a map prepared by the relevant local authority. Draft and supplemental maps have been prepared and published by local authorities during 2022 and 2023. Each local authority will prepare and publish a final map by 1 December 2023.

According to the figures provided to my Department by local authorities, 1,687 submissions, including requests to amend zoning, were made to local authorities by the end of the public display period for the draft maps on 1 January 2023. A breakdown of this data by planning authority is presented in Table 1.

A total of 85 additional submissions were received on foot of the publication of the supplemental maps. Of these submissions, 39 related to sites that had been previously published on draft maps and as such were not eligible for consideration. Of the 46 eligible submissions received, 8 were requests to local authorities to amend zoning. A breakdown of this data by planning authority is presented in Table 2.

All local authorities had until 1 April 2023, with regard to the Draft Map and 1 August 2023 with regard to the Supplemental Map, to make their determinations regarding all submissions. Owners were entitled to appeal determinations relating to the criteria-based decisions to An Bord Pleanála by 1 May and 1 September 2023, respectively. 611 appeals were made in respective of the Draft map submissions with 21 in respect of the Supplemental maps. An Bord Pleanála has made decisions on 362 appeals, which includes invalid appeals. An Bord Pleanála does not have a role in relation to the requests to amend zonings.

Data regarding the breakdown of differing land uses associated with submissions to local authorities or An Bord Pleanála appeals are not held by my Department and should be sought directly from the relevant local authority or An Bord Pleanála, respectively.

Table 1: Draft Map Submissions

Local Authority

Total Submissions Draft Maps

Rezoning submissions Draft Maps

Carlow Co. Co.

24

5

Cavan Co. Co.

12

3

Clare Co. Co.

63

24

Cork City Co.

89

7

Cork Co. Co.

115

4

Donegal Co. Co.

132

4

Dublin City Co.

148

9

Dún Laoghaire-Rathdown Co. Co.

82

3

Fingal Co. Co.

121

3

Galway Co. Co.

52

12

Galway City Co.

13

1

Kerry Co. Co.

52

12

Kildare Co. Co.

60

1

Kilkenny Co. Co.

25

4

Laois Co. Co.

20

2

Leitrim Co. Co.

40

6

Limerick City & County Co.

51

8

Longford Co. Co.

15

3

Louth Co. Co.

29

5

Mayo Co. Co.

45

10

Meath Co. Co.

33

1

Monaghan Co. Co.

80

30

Offaly Co. Co.

17

2

Roscommon Co. Co.

18

6

Sligo Co. Co.

46

0

South Dublin Co. Co.

30

0

Tipperary Co. Co.

90

12

Waterford City & County Council

61

8

Westmeath Co. Co

32

9

Wexford Co. Co

17

2

Wicklow Co. Co

75

0

Total

1,687

198

Table 2: Supplemental Map Submissions

Local Authority

Submissions on Supplemental map sites

Rezoning submissions

Submissions on draft map sites (cannot be considered)

Total number of submissions received

Carlow Co. Co.

0

0

3

3

Cavan Co. Co.

1

0

0

1

Clare Co. Co.

3

1

1

4

Cork City Co.

2

2

4

6

Dublin City Co.

20

2

19

39

Dún Laoghaire Rathdown Co. Co.

1

0

7

8

Galway City Co.

4

1

1

5

Kerry Co. Co.

1

0

0

1

Kildare Co. Co.

1

0

4

5

Leitrim Co. Co.

0

0

0

0

Limerick City & County Co.

0

0

0

0

Mayo Co. Co.

8

2

1

9

Meath Co. Co.

0

0

2

2

South Dublin Co. Co.

6

0

1

7

Tipperary Co.Co.

1

0

0

1

Westmeath Co. Co

Total

46

6

39

85

Housing Policy

Questions (601)

Violet-Anne Wynne

Question:

601. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he will comment on the centralisation of local property tax returns with respect to County Clare; and if he will make a statement on the matter. [40659/23]

View answer

Written answers

My Department recently confirmed provisional Local Property Tax (LPT) allocations to all local authorities for 2024. In line with the commitment in the Programme for Government – Our Shared Future; 100% of the estimated LPT yield is now retained locally within the local authority area where it is collected.

Under the current LPT allocation model, every local authority is entitled to receive a minimum amount of funding under the LPT allocation process, known as the baseline. A working group, which included representatives from the local government sector, was set up earlier this year to review and establish a new model to determine LPT baseline funding levels. The review identified that the baseline funding of some local authorities, including Clare County Council, needed adjustment according to the criteria recommended by the working group. In accordance with this baseline review, Clare County Council’s revised baseline allocation for 2024 is €10,179,318.

Equalisation is the process that ensures that all LPT allocations are funded up to the baseline. As a local authority where the expected 2024 yield of €9,738,737 (before any local variation) is less than the baseline, this allocation includes €440,581 equalisation funding in order to ensure that the allocation is at least matched to the baseline.

In addition, every local authority has the power to vary the basic rate of LPT by up to 15%. Clare County Council decided last September to increase its LPT rate by 15% for both 2023 and 2024. Accordingly, Clare County Council will retain an additional resultant estimated income of €1,460,810 for the authorities’ own use in 2024.

Fire Service

Questions (602)

Alan Kelly

Question:

602. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage of the €61 million capital allocation towards the fire service capital programme 2021-2025, the amount that has been spent in the years of 2021, 2022 and to date in 2023, in tabular form. [40681/23]

View answer

Written answers

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts, 1981 and 2003.

My Department supports fire authorities by establishing policy, setting national standards for fire safety and fire service provision, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and the procurement of essential frontline fire appliances, ancillary vehicles and equipment.

Under Fire Services Acts, 1981 and 2003, 31 local authorities provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters

The detail of the fire service capital programme expenditure is set out in the table below.

C.4 - Fire and Emergency Services

Year

2021

2022

2023 (To 18 September)

€m

€m

€m

Actual Spend

7.75

22.636

6.73

Social Welfare Schemes

Questions (603)

Michael Healy-Rae

Question:

603. Deputy Michael Healy-Rae asked the Minister for Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [39463/23]

View answer

Written answers

The person in question has been subject to Class A PRSI since 10 September 1997 when their current employment commenced. A Deciding Officer in my Department’s Scope Section has determined that the individual is not entitled to the modified rate of PRSI for the following reasons. Firstly, in order for the modified rate of PRSI to continue on changing employments, an individual must have been on the modified rate of PRSI on the 5th April 1995. The individual referred to was not on the modified rate of PRSI on that date. In addition, there is a requirement that on changing employments there must be no break in service.The individual ceased their previous employment on 5th September 1997 and commenced their new employment on 10th September, and a break in service occurred.

The person has appealed the Scope decision to the independent Social Welfare Appeals Office.

I trust this clarifies the position for the Deputy.

Social Welfare Schemes

Questions (604)

Seán Canney

Question:

604. Deputy Seán Canney asked the Minister for Social Protection if she will remove the means test from full time carers, many of whom are providing 24/7 care for a loved one but who cannot access carer's allowance due to the means of a spouse or partner; if she recognises the savings that these people are providing for the State and the valuable social role that they are performing, especially in light of ever-increasing household cost of living; and if she will make a statement on the matter. [39464/23]

View answer

Written answers

The Government acknowledges the valuable role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.

The main income supports to carers provided by my department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending in 2023 is expected to amount to almost €1.6 billion on these payments. The two principal conditions for receipt of Carer’s Allowance are that full time care and attention is required and provided, and that a means test is satisfied. The application of the means-test not only ensures that the recipient has an income need but also that scarce resources are targeted to those with the greatest need.

As part of Budget 2022, I introduced measures which allowed carers to have a higher weekly household income and a higher level of savings, and still qualify for a Carer's Allowance payment. These were the first changes to the means test in 14 years. The intention of the higher disregard for couples is to provide for circumstances where a carer who is one of a couple would not be unfairly impacted by their spouses or partner’s income.

• For carers who work, the weekly income disregard was increased from €332.50 to €350 for a single person, and from €665 to €750 for carers with a spouse/partner.

• The capital and savings disregard for the Carer’s Allowance means assessment was increased from €20,000 to €50,000, aligning it with the capital means test for Disability Allowance.

These are the highest income disregards in the social welfare system and mean, in the case of a couple, that earnings of up to €39,000 per annum are disregarded. By comparison, the income disregard applied to Disability Allowance is €165 per week. For Jobseeker's Allowance, it is €20 per day up to a maximum of €60, and the balance is assessed at 60%. For Jobseeker's Transitional Payment, the weekly income disregard is €165 with 50% of the balance assessed as means.

Removing the means test for Carer’s Allowance in its entirety would create a new universal social protection scheme for those meeting the scheme’s basic caring condition. Carer's Allowance does not purport to be a payment for care and I do not intend to deviate from the underpinning principle of Carer’s Allowance being an income support payment. In addition to Carer's Allowance, my department also provides a non-means tested payment to those carers who have to leave the workforce or reduce their hours in the form of Carer’s Benefit. For those providing ongoing care and attention for a child aged under 16 with a severe disability, Domiciliary Care Allowance is available and is also not means-tested.

Furthermore, the annual Carer's Support Grant - which I increased to its highest-ever rate of €1,850 - is also available to carers who are not on a social welfare payment. The grant is paid in a single lump sum annually, usually on the first Thursday in June. The grant is not means-tested and is not taxable and is paid in respect of each care recipient.

Notwithstanding the increased level of support already in place for carers, I have asked my department to keep the current carer supports under review as part of the annual budgetary process.

I trust that this clarifies the matter for the Deputy.

Covid-19 Pandemic Supports

Questions (605)

Brendan Howlin

Question:

605. Deputy Brendan Howlin asked the Minister for Social Protection further to Parliamentary Question No. 698 of 25 July 2023, if she will accept that a great injustice has been done in requiring the repayment to her Department of monies caused by the extraordinary requirements of the Covid crisis whereby a person (details supplied) exceeded their allowed working hours to facilitate the national response to maintain nursing care at this critical time; if she will review the decisions made by her Department in this case; and if she will make a statement on the matter. [39480/23]

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 17th 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.

Those papers were received in this office on 8th of September 2023 and the case was referred to an Appeals Officer on the 14th of September 2023, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Home Care Packages

Questions (606)

Bernard Durkan

Question:

606. Deputy Bernard J. Durkan asked the Minister for Social Protection if home carer’s credits have been correctly applied in the case of a person (details supplied); and if she will make a statement on the matter. [39521/23]

View answer

Written answers

The person concerned reached pension age on 21 May 2023. An application form for State Pension (contributory) was received on 22 February 2023.

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 347 full-rate contributions. Since their contributions fall short of the required 520 paid full-rate contributions, they do not qualify for State pension (contributory).

They were notified in writing of this decision on 20 April 2023, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and appeal.

Both the Homemaker’s Scheme and Home Caring Periods can be used to improve a person’s rate of pension entitlement. However, a person must firstly satisfy the qualifying conditions for State Pension (contributory) to avail of either of these schemes.

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.One of the most important reforms agreed by Government is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of paid contributions to long-term carers to cover gaps in their contribution record.

The Long-Term Carer's Contributions (LTCC) will be available to those who provided full time care for 20 years (1040 weeks) or more to an incapacitated dependent. The periods of care-giving do not need to be consecutive. I expect to bring the legislation required to introduce the LTCC before the Oireachtas soon, with the scheme being fully implemented from January 2024. This month, my Department launched an online system for people to register for LTCC. This will facilitate the expeditious processing of LTCC upon enactment of the legislation.

I hope this clarifies the position for the Deputy.

Disability Services

Questions (607)

Bernard Durkan

Question:

607. Deputy Bernard J. Durkan asked the Minister for Social Protection when a disability allowance will be restored in the case of a person (details supplied) who has requested that their payment resumes and who has provided the appropriate documentation in relation to same; and if she will make a statement on the matter. [39534/23]

View answer

Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

This DA payment ceased in February 2023 when this individual informed my Department that he had entered employment. The DA section then received correspondence from the person concerned on 17 July 2023, notifying of a change in his circumstances. Following a review of his DA entitlement, the person concerned has been awarded DA with effect from 5 July 2023. The first payment was made by their chosen payment method on 13 September 2023. Arrears of payment due from 5 July 2023 to 12 September 2023 also issued to the person concerned on the 13 September 2023

The person concerned was notified of this decision in writing on 5 September 2023.

I trust this clarifies the matter for the Deputy.

Gender Equality

Questions (608, 609)

Pádraig O'Sullivan

Question:

608. Deputy Pádraig O'Sullivan asked the Minister for Social Protection what plans her Department has to deal with the gender pension disparity caused by the minimum 520 PRSI contributions rule; and if she will make a statement on the matter. [39553/23]

View answer

Pádraig O'Sullivan

Question:

609. Deputy Pádraig O'Sullivan asked the Minister for Social Protection how her Department intends to equalise the gender pay gap in terms of the State pension for women who worked in the home; and if she will make a statement on the matter. [39554/23]

View answer

Written answers

I propose to take Questions Nos. 608 and 609 together.

The State Pension (Contributory) is a PRSI-based pension, financed by contributions made by current workers and their employers, and paid to pensioners, at a rate based upon their PRSI record when working. A person is required to have a minimum of 520 paid reckonable PRSI contributions in order to qualify for the State Pension (Contributory).

The State Pension (Contributory) system currently gives significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role. PRSI Credits, Homemaking Disregards and HomeCaring Periods recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate. Since April 2019, State Pension (Contributory) applications are assessed under all possible methods with the most beneficial payment rate paid to the applicant.

Where a person reaches State Pension age and does not satisfy the conditions to qualify for a SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:

• The means-tested State Pension (Non-Contributory) (SPNC) which is a means-tested payment with a maximum payment of 95% of the SPC; or

• An increase for a qualified adult, amounting up to 90% of a full rate SPC pension where their spouse has a contributory pension; or

• Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer paid contributions (260) than the SPC and the current maximum personal rate for those aged 66 or over is €265.30, i.e., the same as the maximum rate of the SPC, with allowances (e.g., the Living Alone Increase) payable where applicable.

Despite the existing measures within the State Pension system that recognise periods spent caring, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory). They may for example have difficulty establishing the minimum number of 10 years' paid contributions.

Consequently in 2022 I announced a series of landmark reforms to the State Pension system to enhance State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of paid contributions to long-term carers to cover gaps in their contribution record.

The Long-Term Carer's Contributions (LTCC) will be available to those who provided full time care to incapacitated dependants for 20 years (1040 weeks) or more. The periods of care-giving do not need to be consecutive. I expect to bring the legislation required to introduce the LTCC before the Oireachtas soon, with the scheme being fully implemented from January 2024. This month my Department launched an online system for people to register for LTCC. This will facilitate the expeditious processing of LTCC upon enactment of the legislation.

The reforms will also facilitate the introduction of a system to allow people to choose to defer access to the State Pension (Contributory) up to age 70 and receive a cost neutral actuarial increase in their State Pension payment. This system also provides for a person to continue to pay social insurance contributions past State Pension age to improve their social insurance record for State Pension (Contributory) purposes. These PRSI contributions may enable individuals without a full contribution record (and who have deferred access to the State Pension) to become entitled to the State Pension (Contributory), or increase the pension rate of payment, as a consequence of the additional paid contributions. People will still be able to retire at 66 and draw-down their pension in the same way as they can today. These measures will become effective from January 2024.

Further information in relation to the State Pension changes can be obtained on the Department's website: gov.ie/pension

I hope this clarifies the matter for the Deputy.

Question No. 609 answered with Question No. 608.

State Pensions

Questions (610)

Seán Sherlock

Question:

610. Deputy Sean Sherlock asked the Minister for Social Protection if a State pension (contributory) claim in respect of a person (details supplied) in County Cork, recently assessed, could be re-examined with a view to ascertaining if there may be some flexibility with this claim, as the person in question contends that theirs may be a ‘borderline case between two points on the payscale’. [39565/23]

View answer

Written answers

The person concerned reached pension age on 13 December 2022. An application for State Pension (contributory) was received on 27 January 2023.

The rate awarded for State Pension (contributory) is based on a person's insurable record. According to the records of my Department, the person concerned has a total of 691 total reckonable contributions and credits from their date of entry into insurable employment in 1974 to the end of 2021, the tax year prior to their 66th birthday. This equates to a yearly average of 14 contributions and gives entitlement to a reduced State Pension (contributory) at the current weekly rate of €106.00. Where the rate of payment awarded is within a margin of an increased rate, there is no scope for discretion.

I have arranged for a statement of the persons social insurance record to issue to them. If they consider that there are 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 of which equates to 95% of the maximum rate of state pension (contributory).

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Questions (611)

Bernard Durkan

Question:

611. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason carer's allowance was terminated in the case of a person (details supplied); and if she will make a statement on the matter. [39577/23]

View answer

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.

One of the qualifying conditions for CA is that the means of the person concerned must be less than the statutory limit.

Means are any income belonging to the Carer and their spouse / civil partner / cohabitant; property (except their own home); or an asset that could bring in money or provide them with an income (for example, occupational pensions, or pensions or benefits from another country).

The person concerned was awarded Carer's Allowance from 28 May 2020.

Once claims are in payment, the Department periodically reviews them to ensure that there is continued entitlement. Following a means review in November 2020, the weekly rate of CA in this case was reduced due to an increase in household means.

On 9 February 2021, my Department received another application for CA from the person concerned in respect of a different care recipient. This application was refused on 19 March 2021 as the required information was not supplied. A review of this decision was sought and was carried out and the customer was informed by letter on 28 April 2021 that the decision remained unchanged.

Following a further means review in November 2021, it was determined that the household means of the person concerned had increased further and that there was no longer an entitlement to CA. A review of this decision was requested, and the Deciding Officer decided that the means still exceeded the statutory limit and that, consequently, there would be no change to the original decision. The person concerned was notified of this decision on 11 January 2022 and of their right to appeal.

Following another request for review on 31 May 2022, a final response issued from the Department stating that a new means assessment was carried out on 2 June 2022 when the new Budget disregard came into effect. The position remained that the household income was assessed as being in excess of the statutory limit. The person concerned was notified of this on 27 June 2022.

If the person concerned wishes to make a new application, they should complete and return an application form (CR1) to Carer's Allowance Section as soon as possible in order for the Department to determine any entitlement to CA.

Accordingly, I have arranged for an application form to issue.

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Questions (612)

Brendan Griffin

Question:

612. Deputy Brendan Griffin asked the Minister for Social Protection for clarification on a matter (details supplied); and if she will make a statement on the matter. [39584/23]

View answer

Written answers

The State Pension (Contributory) system currently gives significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role. PRSI Credits, Homemaking Disregards and HomeCaring Periods recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate. Since April 2019, State Pension (Contributory) applications are assessed under all possible methods with the most beneficial payment rate paid to the applicant.

Despite the existing measures within the State Pension system that recognise periods spent caring, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory). They may for example have difficulty establishing the minimum number of 10 years' paid contributions.

Consequently in 2022 I announced a series of landmark reforms to the State Pension system to enhance State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of paid contributions to long-term carers to cover gaps in their contribution record.

The Long-Term Carer's Contributions (LTCC) will be available to those who provided full time care to incapacitated dependents for 20 years (1040 weeks) or more. The periods of care-giving do not need to be consecutive. I expect to bring the legislation required to introduce the LTCC before the Oireachtas soon, with the scheme being fully implemented from January 2024. This month my Department launched an online system for people to register for LTCC. This will facilitate the expeditious processing of LTCC upon enactment of the legislation.

Further information in relation to the State Pension changes can be obtained on the Department's website: gov.ie/pension

I hope this clarifies the matter for the Deputy.

Social Welfare Schemes

Questions (613)

Danny Healy-Rae

Question:

613. Deputy Danny Healy-Rae asked the Minister for Social Protection if she will give consideration to an issue (details supplied); and if she will make a statement on the matter. [39620/23]

View answer

Written answers

One of the landmark reforms to the State Pension system that I announced last September is a ten-year phased transition to the Total Contributions Approach and the abolition of the Yearly Average method, as recommended by the independent Pensions Commission following its in-depth analysis of the State pension system.

During a transition period, individual pension rates will be based on the best of the Total Contributions Approach, or a rate based on a mix of the Yearly Average and Total Contributions Approaches, with the proportion accounted for by Yearly Average reducing from 90% to zero over 10 years and the proportion accounted for by the Total Contributions Approach increasing commensurately.

This fairer system, which removes existing anomalies with the Yearly Averaging system, will calculate pension payments based on the number of social insurance contributions made by a person over his or her working life, with significant pension credits granted to people who have taken time out of the workplace for caring responsibilities.

Officials in my Department are currently working on the legislation and systems to support the introduction of the ten-year phased transition to the Total Contributions Approach and the abolition of the Yearly Average method, which will begin from 1 January 2025.

I hope this clarifies the matter for the Deputy.

Social Welfare Fraud

Questions (614)

Peadar Tóibín

Question:

614. Deputy Peadar Tóibín asked the Minister for Social Protection the number of fraudulent claims of payments through her Department, by payment type of those residing in the State and those residing outside the State, by county in each of the past five years, in tabular form; the number of fraudulent claims, by payment type currently under investigation of those residing in the State, and those residing outside the State, by country; and the cost to the State of all fraudulent claims and legal investigation costs for the same time period, per year of those residing in the State and those residing outside the State, by country; and if she will make a statement on the matter. [39640/23]

View answer

Written answers

Overpayments of social welfare entitlements can occur where a person provides false or misleading information in their application or through error on the part of either the claimant or the Department. Persons who have been overpaid social welfare have a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled. In 2022 the total value of overpayments - as a percentage of total scheme expenditure - was approximately 0.42%.

The table below sets out the number of overpayments raised and the associated value of those cases where an element of fraudulent activity was suspected. These cases arise where a deciding officer is satisfied that there is sufficient evidence that a person deliberately provided false or misleading information or willfully concealed relevant information in relation to their entitlement. The Deputy will appreciate that there is a high evidential standard to be met in such cases.

Year

No. of Cases

Value of Overpayments

2018

7,766

€29,740,268

2019

6,963

€31,356,136

2020

5,338

€20,253,317

2021

6,290

€19,014,828

2022

5,597

€19,635,546

For the years 2018 to 2022, on average, the schemes with the highest number of cases where an element of fraudulent activity is suspected are: Jobseekers payments (67% of cases); Illness Benefit (8% of cases); Child Benefit (7% of cases); One parent family (4% of cases); Supplementary Welfare Allowance (2% of cases); Disability Allowance (1% of cases); and State Pensions (1% of cases). The remaining 10% of cases are spread across a number of schemes. During 2021 the Pandemic Unemployment Payment accounted for 7% of the overall cases for that year, and for 10% of cases in 2022.

Just under 7% of the overall number of cases (circa 2,100 of just under 32,000 cases) during the period in question were cases where the person was deemed to be absent from the State. 76% of these related to Child Benefit claims; 11% related to jobseekers’ claims; 4% related to Disability Allowance claims; and the remaining 9% of cases are spread across a number of other schemes. It is not possible to provide a breakdown by country.

My Department carries out a range of control measures across all its schemes to prevent, detect and deter fraud. These includes checks both at the award stage and subsequent reviews. Control reviews across all schemes, include data matching with Departmental and other records; seeking confirmation of ongoing eligibility from claimants; and home visits by Social Welfare Inspectors where this is considered necessary. To the end of August 2023, provisional figures indicate that just over 475,000 reviews of social welfare claims have been undertaken, resulting in savings of just over €361million.

My Department does not comment in relation to the detail of ongoing investigations. In any event, it would not be possible to state that there is suspected fraudulent activity in any case until the full facts of an investigation are known.

In relation to the cost to the State of all fraudulent claims, the control process is an integral part of the day-to-day operations of the Department and all staff members involved in the administration of the various social welfare schemes have obligations to protect the integrity of the social welfare system.

It is not possible to disaggregate the cost of tackling social welfare fraud from the overall administration costs of the Department given that many of the tasks associated with the control and anti-fraud measures are an inherent element of the roles of social welfare officials.

I trust that this clarifies the matter for the Deputy.

Disability Services

Questions (615)

Bernard Durkan

Question:

615. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for a supplementary welfare allowance pending decision on their application for the disability allowance; and if she will make a statement on the matter. [39649/23]

View answer

Written answers

There is a range of supports provided by the Community Welfare Service under the Supplementary Welfare Allowance (SWA) scheme. These supports can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).

The basic Supplementary Welfare Allowance (SWA) provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes. ANPs can be made to help meet expenses that an eligible person cannot pay from their weekly income. This 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 concerned has not made an application for assistance under the SWA scheme and is currently in receipt of a Carer’s Allowance payment which is due to terminate with effect from 20/09/2023. Upon termination of this payment, it is open to the person to apply for a basic SWA pending a decision on their Disability Allowance claim, by completing a SWA1 form and providing all relevant documents in support of their application. For convenience, an application pack has been posted to the person concerned. On receipt of a completed application form and supporting documentation, the claim will be assessed, and the person will be advised of the outcome in writing.I trust this clarifies the matter.

Social Welfare Schemes

Questions (616)

Ivana Bacik

Question:

616. Deputy Ivana Bacik asked the Minister for Social Protection to outline the projected cost of proposals (details supplied); and if she will make a statement on the matter. [39657/23]

View answer

Written answers

The estimated cost, in 2024, of increasing all weekly social welfare payments by €15 from January 2024, then the cost of a further €10 increase in June 2024 is €1,472.9m.

The estimated cost, in 2024, of increasing all weekly social welfare payments by €15 from January 2024, then a further €5 increase in June 2024, and a further €5 increase in October 2024 is €1,380.9m.

The estimated cost, in 2024, of increasing all weekly social welfare payments by €20 from January 2024, then a further €5 increase in June 2024, and a further €5 increase in October 2024 is €1,749.0m.

The costs shown above are on a first year basis and are based on the estimated number of recipients in 2023. Costs in a full year (e.g. from 2025) would be higher. It should be noted that these costings are subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2024.

It should also be noted that these costings include proportionate increases for qualified adults and for those on reduced rates of payment, where relevant.

EU Directives

Questions (617)

Holly Cairns

Question:

617. Deputy Holly Cairns asked the Minister for Social Protection to detail the preparations being undertaken by her Department in advance of the European Accessibility Act (Directive (EU) 2019/882); the guidance that is being issued by her Department to organisations and businesses in advance of the enactment of the directive; and if she will make a statement on the matter. [39675/23]

View answer

Written answers

Directive (EU) 2019/882 (the European Accessibility Act (EAA)) will introduce harmonised rules on accessibility for certain products and services in the EU, including ecommerce products. The EAA compliments existing legislation governing accessibility for websites and applications of public sector bodies, including my Department.

Under S.I. No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020 all public sector bodies are required to make their websites and mobile applications (apps) accessible and have a clear Accessibility Statement on their website.

My Department and the OGCIO gov.ie teams work closely with the National Disability Authority on an ongoing basis to maintain the baseline of accessibility on all our platforms. Gov.ie also has external accessibility auditors examining the gov.ie website at regular intervals throughout the year and amend the website based on their feedback.

My Department’s online application portals (mywelfare.ie and welfarepartners.ie) are designed to follow guidelines set out by the W3C (the World Wide Web Consortium). They currently comply with Level Double-A of the W3C Web Content Accessibility Guidelines 2.0.

My Department recognises the central importance of accessibility in creating a more inclusive society and continues to work to ensure compliance with this regulation.

Social Welfare Schemes

Questions (618)

James Lawless

Question:

618. Deputy James Lawless asked the Minister for Social Protection if the case of a person (details supplied) who had their fuel allowance refused due to being over the threshold by only €1.89 will be examined; and if she will make a statement on the matter. [39708/23]

View answer

Written answers

The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April. One of the conditions for receipt of fuel allowance is that a person must satisfy a means test.

Following a means assessment, it was determined that the household means exceed the permissible weekly means of €1000.00 for the household. Where applicants exceed the permissible income limit, marginally or otherwise, there is no scope for discretion. The application was disallowed, and the person concerned was notified in writing on 8 August 2023.

Under the Supplementary Welfare Allowance scheme, Additional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (619)

Paul Kehoe

Question:

619. Deputy Paul Kehoe asked the Minister for Social Protection if an appeal has been accepted on behalf of a person (details supplied); and if she will make a statement on the matter. [39717/23]

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 two appeals by the person concerned were registered on the 15th August 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.

Those papers were received in this office on 4th of September 2023 and both appeals were referred to an Appeals Officer on the 14th of September 2023, who will make a summary decision on the appeals based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

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