Written Answers Nos. 199-217
199. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he will implement an extension to the slurry spreading deadline of 1 October 2023; and if he will make a statement on the matter. [40954/23]
View answerI have considered the matter raised and in accordance with the Good Agricultural Practice Regulations (SI 113 of 2022) I have decided, this year, to extend the slurry spreading period to the 7 October 2023. The closed period for slurry spreading will therefore start on the 8 October 2023.
200. Deputy Patricia Ryan asked the Minister for Social Protection if she will ensure that PRSI, taken in the wrong from a person (details supplied) is refunded at the earliest opportunity; the position regarding payment of PRSI after the age of 66 years; and if she will make a statement on the matter. [40809/23]
View answerA Pay Related Social Insurance (PRSI) refund may be due if a person is over 66 and has incorrectly paid PRSI on their wages. Applications for a PRSI refund can be made for the last 4 complete tax years.
Employees over the current pensionable age of 66 years are insurable at Class J regardless of how much they earn. The PRSI rate for Class J is 0% for employees and 0.5% for employers.
In January 2021 a PRSI review was carried out on the insurability of employment of the person concerned. The review considered the last 4 complete tax years from 2017 to 2020 and a PRSI refund of class AO for PRSI paid in respect of the period post age 66 was issued to their employer. As Class A0 does not have an employee liability, the question of an employee refund did not arise.
PRSI has been returned for this person at the reduced rate of J class from 2021.
I trust that this clarifies matters for the Deputy.
201. Deputy Fergus O'Dowd asked the Minister for Social Protection if any chief executive of a State/semi-State body or other public body under the aegis of her Department received any benefit from taxable benefits being paid on their behalf by the body/organisation for each of the years 2019 to date; if so, the amount and details, in tabular form; and if she will make a statement on the matter. [40767/23]
View answerThere are two State bodies under the aegis of my Department with Chief Executive Officers - the Pensions Authority and the Citizens Information Board. I can confirm that neither CEO are, or have been, in receipt of benefits-in-kind paid on their behalf from Exchequer funding.
202. Deputy Michael Healy-Rae asked the Minister for Social Protection if consideration will be given to introducing a cost of a disability payment and increasing the basic rates of social welfare by at least €30 per week; and if she will make a statement on the matter. [40799/23]
View answerThe Indecon Cost of Disability report highlighted that there is not a single typical ‘cost of disability’; rather there is a spectrum from low additional costs to extremely high extra costs of disability, depending on the individual circumstances of the person concerned. It also highlighted that the cost of disability is significantly broader than the income support system and includes housing, equipment, transport, medicines and care. The report therefore suggested that the issue needs a whole-of-government response.
My Department has committed under the Roadmap for Social Inclusion to develop and consult on a proposal for the restructuring of long-term disability payments. This proposal, which will be in the form of a Green Paper, will also simplify the system and take account of the concerns expressed in the Make Work Pay report, the Pathways to Work report and the findings of the Cost of Disability Report. I intend to publish the Green Paper for consultation very shortly.
I will continue to keep the range of supports provided by this Department under review. However, any changes to the current supports provided, or the introduction of new payments as suggested by the Deputy, would have to be considered in an overall budgetary and policy context.
I trust this clarifies the matter for the Deputy.
203. Deputy Patricia Ryan asked the Minister for Social Protection the reason appeals for refusal of carer’s allowance are currently taking many months to process; and if she will make a statement on the matter. [40811/23]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised me that significant efforts and resources have been devoted to improvements in the appeal process in recent years. As a result, average appeal processing times have generally improved between 2018 and 2022 from 30.0 weeks for an oral hearing in 2018 to 26.0 weeks in 2022, and from 24.8 weeks for a summary decision in 2018 to 15.0 weeks in 2022. The average time for all appeals finalised in 2022 was 14.9 weeks.
The current processing times for carers allowance from 1st January 2023 to 31st August 2023 are 24.7 weeks for an oral hearing and 15.6 weeks for a summary decision.
The desire to process appeals quickly has to be balanced with the competing demand to ensure that decisions are consistent and of high quality and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice.
All claim decisions taken by the Department’s Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded by the Department and approximately 1% are appealed. The Department endeavours to ensure that these cases are dealt with as quickly as possible. There is active engagement between the Appeals Office and the Department to ensure that the appeals process operates efficiently and that where the Deciding Officer's decision is not revised in favour of the appellant that the appeal file papers are provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer.
Further improvements in appeals processing times are a priority for the Chief Appeals Officer. An Appeals Modernisation Project is in progress to develop and implement a new appeals business process. The overall aim is an enhanced and responsive appeals service for appellants. It is envisaged that the new appeals system will be in operation by the end of the year.
I trust this clarifies the matter for the Deputy.
204. Deputy John McGuinness asked the Minister for Social Protection further to Parliamentary Question No. 1017 of 11 September 2023, if the outcome of the review will be confirmed again as the letter of 20 July 2023 was not received by the client; and if the review is now closed. [40813/23]
View answerDisability 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.
I wish to confirm that the means review of the person concerned was completed in July 2023 and a copy of the decision letter that issued on 20 July 2023 has been sent to the Deputy. A medical review of the person concerned is currently ongoing. The medical questionnaire was re-issued to the person concerned on 7th September 2023, as requested by the Deputy.
I trust this clarifies the matter for the Deputy.
205. Deputy Richard Bruton asked the Minister for Social Protection if she has considered the treatment of awards made by the Courts in her Department's means tests, particularly for disability allowance, wherein awards for negligence are treated as assets resulting in refusal, even where the award was for medical negligence which has completely denied the person any ability to work or have a normal life of any sort, and bearing in mind that means tests have been waived for some means-tested supports like medical cards; and if she will make a statement on the matter. [40825/23]
View answerSocial 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 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.
Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person.
These disregards include, for example, all income derived from payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and payments made in relation to disability caused by Thalidomide.
In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme, or payments made by the Minister of Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme are also disregarded.
All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner. However, most social assistance schemes have an initial capital disregard of €20,000. In the case of Disability Allowance, the first €50,000 of capital is disregarded.
Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.
I trust this clarifies the matter for the Deputy.
206. Deputy Niamh Smyth asked the Minister for Social Protection if she plans to extend child benefit for those continuing in secondary education but who have turned 18; and if she will make a statement on the matter. [40859/23]
View answerChild 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.
Any plans to extend Child Benefit in respect of children aged 18 years and over who may still be in post-primary education will be considered as part of the 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, where the child is in second level education.
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.
207. Deputy Robert Troy asked the Minister for Social Protection if she will review the current qualifying criteria for fuel allowance, particularly in relation to households where an adult son or daughter continues to live at the property due to difficulty sourcing independent accommodation but does not contribute to the household. [40885/23]
View answerThe Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €412 million in 2023. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria including the household composition criteria. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.The Fuel Allowance guidelines allow a fuel applicant to live with a qualified spouse / civil partner / cohabitant or qualified child(ren). For the purposes of Fuel Allowance, a qualified child is one for whom an Increase for a Qualified Child is payable, or in the case of an applicant with no primary social welfare scheme, the child must be in full-time education if aged between 18 and 22. An unqualified family member, who is living with a fuel allowance applicant, may result in a reduction of additional allowances such as the Fuel Allowance payment to the householder. However, the economies of scale from living together should mean that a contribution towards household costs by the family member would compensate for any such reduction in payments from my Department. A change in the qualifying criteria such as that proposed by the Deputy, would have to be considered in the context of budgetary negotiations. However, disregarding the income of another family member, would change the targeted nature of the scheme. I hope this clarifies the matter for the Deputy.
208. Deputy Kathleen Funchion asked the Minister for Social Protection if she will intervene in the case of a person (details supplied). [40887/23]
View answerJobseekers Benefit has been awarded to the person concerned from 01/08/2023 at the rate of €262.00 pw. The first payment will issue on 21/09/23 to the person's nominated post office. Notification was sent to the person concerned on 18/09/2023 informing them of the award decision.
209. Deputy Michael Ring asked the Minister for Social Protection the number of households who currently qualify for the free television licence; the corresponding numbers for each of the past ten years, in tabular form; the resulting cost to the Exchequer for each of those years; if these monies were transferred directly to RTÉ on an annual basis; and if she will make a statement on the matter. [40888/23]
View answerThe Household Benefits Package comprises of an Electricity or Gas Allowance, and a Free Television Licence. The package is generally available to people living in the State aged 66 years or over who are in receipt of a social welfare payment or who satisfy a means test. The package is also available to some people under the age of 66, who are in receipt of certain social welfare payments. Only one Household Benefits Package is payable per household.
The total cost of the TV Licence element of the Household Benefits Package to the State from 2013 to June 2023 is as per the table below.
These monies are not paid directly to RTE by my Department. They are paid to the appropriate Government Department at the time, which is currently the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.
|
Year |
No. of Recipients / Households at Year End |
Annual Expenditure |
|
2013 |
413,214 |
€57,184,556.00 |
|
2014 |
412,901 |
€52,184,556.00 |
|
2015 |
419,209 |
€52,184,556.00 |
|
2016 |
424,492 |
€52,184,556.00 |
|
2017 |
435,337 |
€53,184,556.00 |
|
2018 |
443,580 |
€54,825,000.00 |
|
2019 |
455,439 |
€59,876,580.00 |
|
2020 |
471,977 |
€69,788,620.00 |
|
2021 |
484,338 |
€69,788,620.00 |
|
2022 |
506,635 |
€69,788,620.00 |
|
2023 to June |
512,638 |
€34,894,310.00 |
I trust this clarifies the matter for the Deputy.
210. Deputy Pearse Doherty asked the Minister for Social Protection the estimated cost of providing a €100 lump-sum payment for each social welfare and social assistance scheme on 1 November 2023, 1 October 2023 and 1 March 2024 respectively, disaggregated by social welfare payment type, in tabular form. [40898/23]
View answerThe total estimated cost of providing three once-off €100 bonus payments in October and November 2023, and March 2024 (on the same basis as the Spring Cost of Living Bonus paid in April 2023) is €393m.
The estimated costs per scheme are outlined in the table below.
|
Scheme |
Cost €m (per bonus) |
Cost €m (total) |
|
State Pension (Non-Contributory) |
9.8 |
29.5 |
|
State Pension (Contributory) |
51.4 |
154.1 |
|
Widows', Widowers' / Surviving Civil Partners' Pension (Contributory) |
12.5 |
37.6 |
|
Widows', Widowers' / Surviving Civil Partners' Pension (Death Benefit) |
0.1 |
0.2 |
|
Jobseeker's Allowance (long-term) |
11.6 |
34.9 |
|
One Parent Family Payment |
4.4 |
13.1 |
|
Widows' Widowers' / Surviving Civil Partners Pension (Non-Contributory) |
0.1 |
0.3 |
|
Deserted Wife's Allowance |
0.0 |
0.0 |
|
Farm Assist |
0.4 |
1.3 |
|
Jobseeker's Benefit (long-term) |
0.5 |
1.5 |
|
Jobseeker's Benefit Self Employed (long-term) |
0.0 |
0.1 |
|
Deserted Wife's Benefit |
0.4 |
1.3 |
|
Disability Allowance |
15.9 |
47.8 |
|
Blind Pension |
0.1 |
0.3 |
|
Carer's Allowance |
9.3 |
27.9 |
|
Illness Benefit (long-term) |
1.7 |
5.0 |
|
Invalidity Pension |
5.5 |
16.6 |
|
Partial Capacity Benefit |
0.3 |
0.9 |
|
Disablement Benefit |
1.4 |
4.1 |
|
Carer's Benefit |
0.4 |
1.1 |
|
Back to Work Family Dividend |
0.3 |
0.8 |
|
Guardian's Payment (Non-Contributory) |
0.1 |
0.2 |
|
Guardian's Payment (Contributory) |
0.1 |
0.3 |
|
Working Family Payment |
4.7 |
14.1 |
|
Total* |
131.0 |
393.0 |
* Rounding may affect totals
These costings are based on the estimated number of recipients in 2023 and are subject to change in light of emerging trends and subsequent revision of the estimated recipient numbers.
211. Deputy Bernard J. Durkan asked the Minister for Social Protection whether she expects to arrange for a child benefit payment in the case of persons (details supplied); and if she will make a statement on the matter. [40945/23]
View answerChild Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17 if they are in full-time education or full-time training or have a disability and cannot support themselves.
Child Benefit for the named customer was stopped in December 2021 due to the non-return of a residency review certificate which issued to her in October 2021.
We have now contacted the customer following your representation and your confirmation that the customer is now permanently resident in Ireland.
The documents that require completion by the customer have been forwarded to the address provided; on receipt of the requested documentation, the claim will be reviewed and any arrears owed will be paid.
I hope this clarifies the position for the deputy.
212. Deputy Bernard J. Durkan asked the Minister for Social Protection the availability of sick pay/disability allowance or other such payment in the case of a person (details supplied); and if she will make a statement on the matter. [40946/23]
View answerDisability 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 .
Eligibility for DA is conditional on satisfying the medical criteria, a means test and being habitually resident in the state.
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
To qualify for IP, a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions 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 claim. Only PRSI classes A, E, H or S contributions are reckonable for IP purposes.
Illness Benefit (IB) is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance.
Eligibility for IB depends on the person’s PRSI record and class. People must have made the required number of contributions in Class A, E, H or P to qualify.
The person concerned is currently in receipt of IB effective from 14 August 2023. A completed DA or IP application form should be submitted to the Department in order to establish if the person concerned has an alternative entitlement.
An application form for both DA and IP was posted to the person on 19 September 2023.
I trust this clarifies the matter for the Deputy.
213. Deputy Bernard J. Durkan asked the Minister for Social Protection if disability allowance/illness benefit or another appropriate payment is available in the case of a person (details supplied); and if she will make a statement on the matter. [40949/23]
View answerDisability 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 .
Eligibility for DA is conditional on satisfying the medical criteria, a means test and being habitually resident in the state. A person applying for DA may be disallowed on one or more of these conditions.
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
To qualify for IP, a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions 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 claim. Only PRSI classes A, E, H or S contributions are reckonable for IP purposes.
Illness Benefit (IB) is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance.
Eligibility for IB depends on the person’s PRSI record and class. People must have made the required number of contributions in Class A, E, H or P to qualify.
The person concerned is currently in receipt of IB effective from 28 March 2022. A completed DA or IP application form should be submitted to the Department in order to establish if the person concerned has an alternative entitlement.
An application form for both DA and IP was posted to the person on 19 September 2023.
I trust this clarifies the matter for the Deputy.
214. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which a person (details supplied) qualifies for a non-contributory top-up of their Polish pension, given that they are permanently resident here for more than three years; if they qualify on the basis of their residency here; whether the relevant period of domicile is three years or ten years; and if she will make a statement on the matter. [40952/23]
View answerState 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. In order to satisfy the habitual residence condition, it first must be established that the person has an unconditional right of residence in the State that does not preclude them from receipt of relevant social assistance payments.
All EU/EEA citizens have an unconditional right of residence in the State for up to three months, during which time they may not access the social welfare system. The right of residence in the State of an EU/EEA citizen for longer than this period is conditional on the citizen satisfying the relevant provisions set down in legislation and having sufficient resources so as not to become an unreasonable burden on the country's social assistance system. EU/EEA citizens will qualify for a right of permanent residence after five years legal residence in the State, or after three years if they have worked in the State for the twelve months immediately prior to reaching state pension age.
The person’s application was disallowed on the grounds that continued residency in the State, of more than five years, had not been established and, therefore, they had not satisfied the first step in the habitual residence condition.
Should the person concerned be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit same to the Department in order for their entitlement to be reviewed.
I trust this clarifies the matter for the Deputy.
215. Deputy Bernard J. Durkan asked the Minister for Social Protection whether fuel allowance is payable in the case of a person (details supplied); and if she will make a statement on the matter. [40953/23]
View answerFuel Allowance is a payment to help with the cost of heating a person’s home during the winter months. A person may qualify for this payment if they are aged 70 years or older or if they are receiving a long-term social welfare payment and satisfy a means test.
According to the records of my Department the entitlement of the person concerned to a Jobseeker’s Allowance (JA) ceased on 01/08/2023 when they commenced a full-time training course with Kildare and Wicklow Education and Training Board.
The person recently attended their local Branch Office and was given a Fuel Allowance form to complete and return. When the completed form has been received by my Department, the person’s eligibility for Fuel Allowance will be assessed and they will be advised of the outcome in writing.
I trust this clarifies the matter.
216. Deputy Fergus O'Dowd asked the Minister for Justice if any chief executive of a State/semi-State body or other public body under the aegis of her Department received any benefit from taxable benefits being paid on their behalf by the body/organisation for each of the years 2019 to date; if so, the amount and details, in tabular form; and if she will make a statement on the matter. [40764/23]
View answerIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
217. Deputy Niamh Smyth asked the Minister for Justice the process involved for individuals (details supplied) coming to Ireland to work; and if she will make a statement on the matter. [40780/23]
View answerI can advise the Deputy that in order to work in Ireland, a non-EEA National, unless they are exempted, must hold a valid Employment Permit. The Department of Enterprise, Trade and Employment (DETE) administers the Employment Permits system. Full details of the various types of Employment Permits available can be found at the link below:
enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/.
After the applicant receives an Employment Permit from the DETE they must, if they are visa required, then apply for a long stay Employment Visa. All long stay visas are also called 'D' visas.
Moldovan nationals are visa required and must have a valid Irish entry visa before they seek to enter the State. Any person that wishes to make an application for a visa must do so online at:
www.visas.inis.gov.ie/avats/OnlineHome.aspx.
Further details on long stay Employment Visas may be found at the following link:
www.irishimmigration.ie/coming-to-work-in-ireland/.
It is important to note that the granting of a work permit by the Department of Enterprise, Trade and Employment (DETE) has no bearing on whether a visa will be subsequently granted. There are two very distinct application processes with different checks and procedures in place in each respective Department.In addition Ireland supports the entry of migrants through legal pathways, to facilitate legal migration into the State. These include arrangements for various categories of persons, including; workers, business persons and international students.
Details of these legal pathways can be found on the Immigration Service website at the following link: www.irishimmigration.ie/.
