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Thursday, 12 Oct 2023

Written Answers Nos. 140-161

Social Welfare Appeals

Questions (140)

Michael Healy-Rae

Question:

140. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [44487/23]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements.  Appeals Officers are independent in their decision making functions. 

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 06 October 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 required, hold an oral appeal hearing

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (141)

Brendan Griffin

Question:

141. Deputy Brendan Griffin asked the Minister for Social Protection if a person (details supplied) in County Kerry will be permitted to transfer from disability allowance to invalidity pension now that he satisfies the social insurance contributions; and if she will make a statement on the matter. [44490/23]

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Written answers

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

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

The relevant date is:

(a) any date after the completion of one year of continuous incapacity for work, or

(b) any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.

A qualifying condition for IP is that a person must be regarded as being permanently incapable of work.

Department records indicate that the person concerned has the required contributions for the scheme.  However, eligibility for IP can only be established on receipt of a completed application form.  This individual should submit an IP application form and their entitlement can then be examined.

I hope this clarifies the position for the Deputy.

Social Welfare Code

Questions (142)

Steven Matthews

Question:

142. Deputy Steven Matthews asked the Minister for Social Protection if she will review existing supports available to those in receipt of the State pension to include financial supports for those that are coeliac to assist with the cost of their dietary requirements; and if she will make a statement on the matter. [44502/23]

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Written answers

Diet supplement, administered under the supplementary welfare allowance scheme, is payable to qualifying persons, in receipt of the supplement prior to February 2014, who have been prescribed a special diet because of a specified medical condition.  There are currently 1,131 people in receipt of diet supplement.

A review of the costs of healthy eating and specialised diets by the Irish Nutrition and Dietetic Institute was commissioned by the Department during 2013.  The research showed that the average costs across all the retail outlets of the diets supplemented under the scheme could be met from within one-third of the minimum personal rate of social welfare payment, i.e. the Supplementary Welfare Allowance (SWA) rate, which was then paid at €186 per week (and is currently paid at €218 per week).  The diet supplement scheme was discontinued for new applicants from 1 February 2014 based on this evidence.

Recipients continue to receive the diet supplement at their existing rate of payment for as long as they continue to have an entitlement to the scheme or until their circumstances change.  This ensured that nobody was immediately worse off by the closure of the scheme.

The Supplementary Welfare Allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents.  Supports provided under the scheme 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). 

Under the SWA scheme, a supplement can be awarded to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary.  In addition, officers can make a single ANP to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income.  Decisions on ANPs and SWA supplements are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case.

Any person who considers that they may have an entitlement to financial support should contact their local Community Welfare Service for assistance.  There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (143)

Michael Creed

Question:

143. Deputy Michael Creed asked the Minister for Social Protection if she will expedite a decision on a carers allowance appeal by a person (details supplied); and if she will make a statement on the matter. [44503/23]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements.  Appeals Officers are independent in their decision making functions. 

The Social Welfare Appeals Office has advised me that a Carers Allowance appeal by the person concerned was registered in that office on 26 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.  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 required, hold an oral appeal hearing.

The Social Welfare Appeals Office has contacted the Carers Allowance section in the Department of Social Protection for an update on the appeal submission request.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (144)

Paul Kehoe

Question:

144. Deputy Paul Kehoe asked the Minister for Social Protection the current status of a disability allowance application by a person (details supplied); when a decision will be made; and if she will make a statement on the matter. [44509/23]

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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.

I confirm that my Department received an application for DA from the person concerned on 4 April 2023.  Based on the evidence supplied in support of this person’s application, the application was disallowed on the grounds that the medical qualifying condition was not satisfied.  The person concerned was notified in writing of this decision on 7 July 2023 and was given the right to request a review or an appeal. 

Further medical evidence was received and, following a request, a review of the decision of 7 July 2023 was carried out and the original decision was upheld.  The person concerned was notified in writing of this decision on 26 August 2023.

They were given the right to request a further review or to appeal the decision to the independent Social Welfare Appeals Office.  I can confirm that no further request for a review nor for an appeal has been received to date.

On 20 September 2023, the review letter was returned to the Department marked with the addressee no longer resident.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (145)

Bernard Durkan

Question:

145. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a review in the case of a person (details supplied); and if she will make a statement on the matter. [44532/23]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that, as a result, they require that level of care.

An application for CA was received from the person concerned on 4 April 2023.

It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.  This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

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

The person concerned was notified on 17 June 2023 of this decision, the reason for it and of their right of review and appeal.

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

Following this review, the decision remained unchanged.

The person concerned was notified on 18 July 2023 of this decision, the reason for it and of their right of review and appeal.

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

The review is currently being processed and, once complete, the person concerned will be notified directly of the outcome as soon as possible.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (146)

Michael Ring

Question:

146. Deputy Michael Ring asked the Minister for Social Protection the reason no reply has issued from the disability allowance section to a query submitted to 18 September 2023 (details supplied); and if she will make a statement on the matter. [44540/23]

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Written answers

Disability Allowance 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 can confirm that my Department received email correspondence on 18 September 2023 in relation to the person concerned.

As advised in response to PQ 3907/23, a review of the continued entitlement to Disability Allowance of the person concerned is ongoing.  The Department will provide an update to the Deputy when the review is completed.

A response issued to the Deputy’s email confirming the position on 10 October 2023.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (147)

Jackie Cahill

Question:

147. Deputy Jackie Cahill asked the Minister for Social Protection if she will advise on the best procedure for an individual planning to return to work on a part-time basis after being in receipt of the invalidity pension for a number of years; and if she will make a statement on the matter. [44552/23]

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Written answers

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. 

The person concerned can apply for Partial Capacity Benefit (PCB) if they wish to undertake some work.  PCB extends the Illness Benefit (IB) and IP schemes to recognise and respond to the reality that some people in receipt of these payments have a capacity to engage in some level of employment while continuing to need a level of income support from the State. 

People in receipt of IP who wish to return to work are eligible for PCB if their capacity for work is reduced as a result of their medical condition.  Following a medical assessment, if a person's disability is rated as moderate, severe or profound, their payment continues at 50%, 75% or 100% of their existing rate, respectively.  If assessed as mild, they will not qualify for PCB.

PCB can be paid for up to three years where the claimant has IP as their underlying scheme.  There is no limit on the weekly hours that can be worked or on the amount of weekly earnings.  The claimant can return to their original payment (IP in this case) if they find they are not able for the work or they cannot continue to work due to their medical condition after a period of time.

If the person in question wishes to return to employment but does not wish to claim PCB, they must notify my Department of the start date of the employment so that the IP can be stopped from the appropriate date.  If the person concerned finds they are unable to continue with the work on health grounds within one year of his or her start date, then s/he can return to IP without having to make a full application again.

I hope this clarifies the position for the Deputy.

Covid-19 Pandemic Supports

Questions (148)

Paul Kehoe

Question:

148. Deputy Paul Kehoe asked the Minister for Social Protection the current status of a wage subsidy scheme claim for a person (details supplied); when payment will be made; and if she will make a statement on the matter. [44599/23]

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Written answers

The Wage Subsidy Scheme is an employment support to private sector employers.  The objective of the scheme is to encourage employers to employ people with disabilities and thereby increase the numbers of people with disabilities obtaining and sustaining employment in the open labour market. 

A Wage Subsidy Scheme application in respect of the person referred to in the Deputy’s question was approved by my Department on the 12th of June 2023.  To date the employer has made no claim for payment in respect of this application. 

Officials from my Department will contact both the employer and the person concerned to enquire as to the nature of any problem encountered and to offer any further advice or support that may be required.  

I trust this clarifies the matter.

Immigration Policy

Questions (149)

Richard O'Donoghue

Question:

149. Deputy Richard O'Donoghue asked the Minister for Justice if her attention has been drawn to the lack of immigration officers in Limerick (details supplied); and if she will make a statement on the matter. [44556/23]

View answer

Written answers

An Garda Síochána has oversight of the registration and renewal of immigration permissions for persons residing outside of the Dublin area. This responsibility rests with local Superintendents or the relevant Detective Superintendent.

The waiting time for appointments outside of Dublin is dependent on the demand for registrations in each office, and fluctuates based on seasonal demands and other variations.

I have asked that the particular issues raised by the Deputy be brought the attention of the Garda Commissioner who has the responsibility for allocation of Garda resources.

Horse Racing Industry

Questions (150)

Paul Murphy

Question:

150. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he is concerned at the high number of horse deaths at the Listowel races from 20 to 23 September 2023 (details supplied); what actions he intends to take to stop the unnecessary suffering of these animals; and if he will make a statement on the matter. [44483/23]

View answer

Written answers

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry. 

The question raised by the Deputy is an operational matter for HRI, therefore, the question has been referred to the body for direct reply.

Agriculture Schemes

Questions (151)

Peter Burke

Question:

151. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine if the basic income support for sustainability payment could be made earlier the year to facilitate farmers paying their contractors in a timely manner; and if he will make a statement on the matter. [44494/23]

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Written answers

 

I know how crucial all payments are to our farm families and I am committed to delivering all payments associated with my Department as quickly as possible. However,  advance payments for the Basic Income Support for Sustainability(BISS) cannot be made before October 16th in a given year. This is laid down in EU Regulations.  The BISS is fully funded by the EU and is subject to strict legal and audit controls. 

With 2023 being the first year of the new CAP Strategic Plan, a whole range of new schemes had to be introduced along with substantial changes to existing schemes over a relatively short time period. Farmers were given an extra two weeks to apply for BISS in May 2023 and BISS payments for 2023 are scheduled to commence on 24th October.  My Department is committed to bringing  BISS payment dates  in future years back in line with the previous programme (closer to October 16th) once the technological and administrative challenges brought about by the new CAP programme have been fully addressed.

Agriculture Schemes

Questions (152, 156)

Mairéad Farrell

Question:

152. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine to provide an update on the ACRES scheme; when farmers will be updated regarding the amount they are due to be paid; when payments will be made; and if he will make a statement on the matter. [44501/23]

View answer

Éamon Ó Cuív

Question:

156. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine whether each participant farmer has been given a detailed outline of the scoring scheme under the ACRES scheme by his Department; when farmers will be given their score for this year under the scheme; when the first payments will be made; and if he will make a statement on the matter. [44564/23]

View answer

Written answers

I propose to take Questions Nos. 152 and 156 together.

The Agri-Climate, Rural Environment Scheme (ACRES) is my Department’s flagship agri-environment scheme under the new CAP Strategic Plan 2023-2027. The Scheme will support farmers in their efforts to tackle the challenges in climate, biodiversity, and water quality through it’s two streams- ACRES General and ACRES Co-operation (CP).

An overall payment of €52,500 is potentially available to ACRES CP participants over the five-year term of the scheme. €7,000 per annum is ring-fenced for results-based payments, which is the core payment, with the additional €17,500 set aside for Non-Productive Investments (NPIs) and/or Landscape Actions (LAs). ACRES General participants can avail of a maximum of €7,311 per annum, with these farmers also being able to select the Low Input Grassland (LIG) or Low-Input Peat Grassland (LPIG) result-based actions also, where applicable.

Earlier this year, the ACRES Co-operation Project (CP) Teams reviewed the maps for every ACRES CP approved participant, to determine the habitats found on each holding. Using the maps made available via my Department’s systems, fields were delineated on the maps, and one of ten scorecards, appropriate to the habitat, was applied. Those habitats mapped and delineated by the CP Teams were then scored over the summer and early autumn by participants’ approved ACRES Advisors, who received mandatory in-field training on scorecards. The score achieved will dictate the results-based payment rate for that participant, which is set out in the Scheme Terms and Conditions.

All participants in the Scheme undergo a suite of checks and validations, to ensure their continued eligibility for the Scheme and to receive payment. In order for applications to pass through these checks it is imperative that advisors, on behalf of their client farmers, submit any and all necessary material to my Department. It is intended that payments for those cases which have passed all validations will commence in late November and will continue to issue on an ongoing basis thereafter.

Agriculture Industry

Questions (153)

Michael Creed

Question:

153. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will send a herd profile to a person (details supplied) in County Cork. [44510/23]

View answer

Written answers

Both a herd profile and a scheme payment statement are being issued by my Department to the person named.

Agriculture Schemes

Questions (154)

Michael Healy-Rae

Question:

154. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied); and if he will make a statement on the matter. [44513/23]

View answer

Written answers

The Targeted Agriculture Modernisation Scheme (TAMS 3) provides grants to farmers to build and/or improve a specified range of farm buildings and equipment on their holdings.  There is an indicative budget of €370 million available for the period 2023-2027, and all investments are linked to Climate, Environment or Animal Welfare. 

Following the success of TAMS II, I have increased the number of investments available significantly, to  more than 430 items. Due to budgetary constraints it has not been possible to include the variable speed vacuum pump at this time.

To help encourage the adoption of renewable technology on farms, grant aid is provided through the Solar Capital Investment Scheme for installation of Solar PV technology, together with battery storage.  The solar scheme is ring-fenced, with its own investment ceiling of €90,000 and will be grant aided at the enhanced rate of 60%.  Applicants under this scheme can include one dwelling house on their solar survey, and can receive the Clean Export Guarantee payment for any electricity spill-over that may occur on a given day. 

Investment items and ceilings for grant aid are under constant review, and additional investment items may be included for consideration when evaluating further updates to the TAMS 3 investment lists. 

Compulsory Purchase Orders

Questions (155)

Catherine Murphy

Question:

155. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will provide a schedule of lands and buildings his Department and bodies under his aegis acquired by using a compulsory purchase order in the past 20 years to date; and the amount expended on same. [44548/23]

View answer

Written answers

It is not possible to provide this information in the required time. I will forward it to the Deputy as soon as it is available.

The following deferred reply was received under Standing Order 51.
The Minister’s earlier reply stated that it was not possible to provide the information requested by the Deputy in the required time, and he would arrange for a reply to be forwarded directly to you as soon as it was available. I now wish to advise you that my Department did not acquire any lands or buildings using a compulsory purchase order in the past 20 years to date.
As regards the 12 State Bodies under the aegis of my Department, the information requested is an operational matter for the State Bodies themselves. I have referred the Deputy’s question to the Agencies and have requested that a response should issue within 10 days.
Question No. 156 answered with Question No. 152.

Greyhound Industry

Questions (157)

Patrick Costello

Question:

157. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine if he is aware that non-coursing greyhounds are being routinely raced at greyhound tracks around the country without the owner and trainer being named, in direct contravention of the rules of Rásaiocht Con Éireann; if he is aware that this is being done to allow trainers who are subject to an exclusion order to race, contrary to the rules of Rásaiocht Con Éireann; and if he will make a statement on the matter. [44601/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Greyhound Industry

Questions (158)

Patrick Costello

Question:

158. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine the number of people employed full-time and part-time, respectively, by Rásaiocht Con Éireann, broken down by job title, in tabular form; and if he will make a statement on the matter. [44602/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Departmental Functions

Questions (159)

Patrick Costello

Question:

159. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine the reason responsibility for horse and greyhound racing was transferred from the Department of Tourism, Sport and Recreation to his Department 2010; and if he will make a statement on the matter. [44603/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry. 

Responsibility for the Horse and Greyhound Racing industries transferred from the Department of Arts, Sport and Tourism to the Department of Agriculture Food and the Marine as provided for by Section 6 (1) of the Ministers and Secretaries (Amendment Act 1939) and Statutory Instrument No. 179 of 2010 – Horse and Greyhound Racing (Transfer of Departmental Administration and Ministerial Functions) Order 2010.

Statutory Instrument (S I) 179 of 2010 came into operation on 1st  May 2010. 

Greyhound Industry

Questions (160)

Patrick Costello

Question:

160. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine if the former CEO of Rásaiocht Con Éireann (details supplied) resigned voluntarily from this position; if not, if their tenure as CEO was terminated by RCE; the terms or conditions were attached to their departure; if a severance package was paid to the individual in question; and if so, the amount; and if he will make a statement on the matter. [44604/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Greyhound Industry

Questions (161)

Patrick Costello

Question:

161. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine if non-coursing greyhound births are recorded contemporaneously on RCETS; and if he will make a statement on the matter. [44605/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

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