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Tuesday, 24 Oct 2023

Written Answers Nos. 368-382

Commissions of Investigation

Questions (368)

Peadar Tóibín

Question:

368. Deputy Peadar Tóibín asked the Minister for Social Protection the number of tribunals, public investigations and commissions of investigations in process; the length of time each has been under way; when each will conclude; the cost to date of each; and the estimated cost of each at completion. [44814/23]

View answer

Written answers

There is only one tribunal under the aegis of my Department

The Social Welfare Tribunal is a statutory body set up in 1982 to deal with cases where entitlement to Jobseeker's Benefit or Allowance are refused due to an involvement in a trade dispute. The last sitting of the Social Welfare Tribunal was in October 2014. No applications for adjudication have been made to the Tribunal since that date. Therefore no costs have incurred since then.

State Pensions

Questions (369)

Pádraig O'Sullivan

Question:

369. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if a person aged over 66 years can continue to work and pay PRSI contributions and have them counted for the purposes of contributory pension entitlement; and if she will make a statement on the matter. [44467/23]

View answer

Written answers

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 measures announced is the introduction of flexibility to the State Pension (Contributory), allowing a person to defer access to their State Pension (Contributory) up to the age of 70 and receive an actuarially based increase in their weekly payment rate.

A person with less than 40 years contributions can use the period between 66 and 70 years of age to build up additional entitlements and, if a person has less than 10 years PRSI reckonable paid contributions, they may be able to use this period to establish entitlement.

As the State Pension age remains at 66 years, a person can still draw their State Pension (Contributory) at State Pension age.

Department officials are currently working on these reforms, including the drafting of legislation and development of administrative and IT systems. I expect to bring the legislation required to introduce the flexibility to the State Pension (Contributory) before the Oireachtas soon, with the scheme being fully implemented for those who reach State Pension age (66) in 2024.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (370)

Seán Sherlock

Question:

370. Deputy Sean Sherlock asked the Minister for Social Protection the number of people in receipt of fuel allowance for 2023; and if she intends to expand the qualifying criteria. [32064/23]

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Written answers

The 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.

By the end of the 2022/23 Fuel Allowance season, the total number of households supported had increased to over 404,000.

In Budget 2023, I was pleased to announce the largest ever expansion of the Fuel Allowance Scheme by introducing a new means threshold for people aged 70 years and over to ensure that older people could be supported in remaining warm in their homes. The new means threshold is €500 for a single person and €1,000 for a couple.

In addition, for people aged 70 or over, the amount of capital (savings and investments) that is disregarded in the means test for Fuel Allowance was increased from €20,000 to €50,000.

The weekly means threshold for those aged under 70 was increased by €80 to €200 above the appropriate rate of State Pension (Contributory).

Also from January 2023, Disablement Benefit and Half-rate Carer's Allowance payment are disregarded when assessing means for Fuel Allowance purposes.

The Government has, therefore, implemented significant expansions in relation to Fuel Allowance through Budget 2023.

All options, will be kept under review, together with trends in prices, to inform preparations for the budget later this year. We will, however, have to take account, as always, of the overall budgetary context and the availability of financial resources.

I trust that this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (371)

Éamon Ó Cuív

Question:

371. Deputy Éamon Ó Cuív asked the Minister for Social Protection when an appeal for carer’s allowance will be processed and a decision made (details supplied); and if she will make a statement on the matter. [46532/23]

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 in that office on 3 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 necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (372)

Colm Burke

Question:

372. Deputy Colm Burke asked the Minister for Social Protection if she will consider providing additional funding next year to the treatment benefit scheme, to increase optical benefit payments claims by dispensing opticians and optometrists under the scheme; and if she will make a statement on the matter. [46536/23]

View answer

Written answers

The Treatment Benefit Scheme provides dental, optical and aural services to insured workers, the self-employed, retired people and their dependant spouse/partner who have the required number of social insurance (PRSI) contributions. The scheme is demand-led. €162 million has been provided for the scheme in 2024, an increase of over 25% on the 2023 Estimate.

Should a review of the optical Treatment Benefit scheme be considered in the future, any such review would have to be considered in a budgetary context.

I trust this clarifies the matter for the deputy.

State Bodies

Questions (373)

Carol Nolan

Question:

373. Deputy Carol Nolan asked the Minister for Social Protection to provide details of all agencies and bodies under the aegis of her Department; if a dedicated Oireachtas email address is available for each; if not, if she will direct that such a dedicated email address be established to facilitate more efficient communication; and if she will make a statement on the matter. [46551/23]

View answer

Written answers

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Pensions Council and the Social Welfare Tribunal. Details in relation to each of these bodies is outlined below:

Citizens Information Board

The Citizens Information Board (CIB) is the national agency responsible for supporting the provision of information, advice and advocacy on social services as well as for the provision of the Money Advice and Budgeting Service (MABS).

Pensions Authority

The role of the Pensions Authority is to monitor and supervise the operation of the Pensions Act (as amended) and private pension developments generally.

Pensions Council

The Pensions Council advises the Minister for Social Protection on matters relating to policy on pensions. The Council represents and protects the consumer interest and helps to ensure that the pensions system has a strong consumer focus.

Social Welfare Tribunal

The Social Welfare Tribunal is a statutory body set up to deal with cases where entitlement to Jobseeker's Benefit or Jobseeker's Allowance is refused due to an involvement in a trade dispute. The members of the Tribunal are appointed by the Minister for Social Protection and consists of an independent Chairperson, two members nominated by the Irish Congress of Trade Unions (ICTU) and two by the Irish Business and Employer's Confederation (IBEC).

I can confirm that all the above bodies continue to have dedicated email contact addresses in place for members of the Houses of the Oireachtas. These mailboxes are monitored daily and operate efficiently and effectively. The list is periodically updated and re-circulated to Oireachtas members.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (374)

Michael McNamara

Question:

374. Deputy Michael McNamara asked the Minister for Social Protection for an update on a domiciliary care allowance appeal (details supplied); and if she will make a statement on the matter. [46558/23]

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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 19 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 necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (375)

Seán Sherlock

Question:

375. Deputy Sean Sherlock asked the Minister for Social Protection if a query in relation to entitlement to the State pension will be expedited (details supplied). [46574/23]

View answer

Written answers

The person concerned will reach 66 years of age in 2029.

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.

On assessing entitlement to pension factors such as an individual’s social insurance record, their attachment to the workforce, and their countries of employment affect the rate of pension. It is advisable that all contributors maintain their social insurance record as fully as possible over their working life with paid contributions or, if this is not possible, with PRSI credits. Alternatively, a person who ceases to be covered by compulsory PRSI may opt to become a voluntary contributor provided certain conditions are satisfied.

PRSI Credits are designed to protect the social insurance entitlement record of insured workers who are not in a position to make PRSI contributions. In order to qualify for credits, a person must first have entered insurable employment and have paid at least one PRSI contribution at Class A, B, C, D, E, H or P.

In general, credits can only be awarded where an individual has had a recent attachment to the workforce, i.e., within the last two years. Self-employed class S contributions are not reckonable toward the award of credits.

Voluntary contributions are designed to facilitate employees or self-employed persons, who are no longer subject to compulsory PRSI, to pay contributions directly to the Department on a voluntary basis, in order to protect future entitlement to State pension (contributory) and Widow(er)’s or Surviving Civil Partner’s (contributory) pension.

In order to be admitted as a voluntary contributor, a person must apply within 60 months (5 years) after the end of the contribution year in which they last paid compulsory insurance or in which they were last awarded a credited contribution, prior to the year for which they wish to pay voluntary contributions.

As the person concerned has a full record of paid contributions in the last 5 years, 2018 to 2022, the option of paying voluntary contributions does not arise. However, if their circumstances change prior to claiming a pension, they may wish to contact my Department to discuss the option of making voluntary contributions. The contact details are Department of Social Protection, McCarter's Road, Buncrana, Donegal, Co. Donegal, F93 CH79, Tel: (01) 471 5898 or 0818 690690.

The person concerned was issued with a copy of their contribution record on 27 September 2023 along with a detailed explanatory to assist in understanding the record, and information on how to calculate entitlement to State pension (contributory). Information was also included on pension changes to be introduced from January 2024.

As part of those changes, I am introducing a flexible pension system in Ireland. Under this new system, people will still be able to retire at 66 and draw-down their pension in exactly the same way as they can today. In addition, there will be new flexibility so that people can choose to defer their pension, work longer and receive a higher pension payment.

The person concerned can decide for themselves what best suits their needs and circumstances. For example, if they reach age 66 and do not have sufficient contributions to qualify for a full pension, they will now have the option to work for longer to build up additional entitlements. If they have less than 10 years PRSI reckonable paid contributions, they can use this period to establish entitlement. It will also be open to them to continue working between age 66 and 70 and receive an actuarially based increase in their weekly payment rate.

Under the current State Pension (contributory) system significant recognition is also given to those whose work history includes an extended period of time outside the paid workforce, often to raise families or to provide another full-time caring role. PRSI Credits, Home-making Disregards and HomeCaring Periods recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.

As part of the series of landmark reforms to the State Pension system, I have also introduced an enhanced State Pension provision from January 2024 for people who have been caring for incapacitated dependents for over 20 years. If the person concerned has been caring for incapacitated dependents for over 20 years (1040 weeks), it is open to them to apply for the Long-Term Carer's Contributions (LTCC). The periods of care-giving do not need to be consecutive. If the criteria is met, the equivalent of paid contributions will be attributed to cover gaps in their contribution record.

Further information in relation to State pension (contributory) is available on the Government website at gov.ie/pension.

I hope this clarifies the matter for the Deputy.

Local Government Reform

Questions (376)

Catherine Murphy

Question:

376. Deputy Catherine Murphy asked the Minister for Social Protection in the context of the Local Government Reform Act 2014, if she will provide a schedule of functions of her Department that have been devolved in full or in part, or are in the process of being devolved in full or in part; the date on which the devolutions commenced; and if she will indicate whether any function was returned to the Department subsequently. [46588/23]

View answer

Written answers

There are no functions of my Department devolved as a result of the Local Government Reform Act 2014. Nor do I have plans to devolve functions from my Department to local government in the medium term.

Social Welfare Benefits

Questions (377)

Duncan Smith

Question:

377. Deputy Duncan Smith asked the Minister for Social Protection if she will take steps to ensure that the household package, including the free fuel scheme, is paid to a person (details supplied) who now lives alone due to the death of their spouse. [46632/23]

View answer

Written answers

The National Fuel Scheme applies to persons in receipt of long-term Social Welfare payments who satisfy a means condition and who are living alone or who only with the persons who come within certain categories.

An application for Fuel Allowance (FA) was received from the person concerned on 31 August 2023. Her application was initially refused as the information then available to my Department indicated her household was ineligible for FA. However, a review has been undertaken and it has been established that she qualifies for FA from 31/08/2023. She will receive her first payment and all arrears due to her nominated bank account on 26 October 2023.

The person in question has also now been awarded a Living Alone Increase from 10 August 2023. She will receive her first payment of this increased allowance, along with the arrears due, on 26 October 2023.

The person concerned has been awarded the Household Benefits package with effect from 28 February 2023 and a letter issued to her on 20 October 2023 to inform her of this decision.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (378, 379)

Pádraig O'Sullivan

Question:

378. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if she will give a commitment to processing humanitarian assistance scheme applications as expeditiously as possible following the recent and devastating floods in Cork city and county; and if she will make a statement on the matter. [46679/23]

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Pádraig O'Sullivan

Question:

379. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if she will give a commitment to enhancing the scope of the humanitarian assistance scheme following the recent and devastating floods in Cork city and county; and if she will make a statement on the matter. [46699/23]

View answer

Written answers

I propose to take Questions Nos. 378 and 379 together.

The Department of Housing, Local Government and Heritage is the lead Department for severe weather emergencies. My Department provides assistance to eligible households in the immediate aftermath of severe weather events under the humanitarian assistance scheme.

The humanitarian assistance scheme, administered by the local Community Welfare Service was activated to assist any householders affected by Storm Babet. This scheme is open to households affected.

The purpose of the humanitarian assistance scheme is to provide income- tested financial support to people whose homes are damaged and who are not able to meet costs for essential needs, household items and, in some instances, structural repair.

• Assistance is not available under the scheme for losses which are already covered by insurance.

• The scheme does not cover commercial, agricultural, or business losses.

• Any additional properties that are not occupied and lived in as the applicant’s primary residence are not covered.

Following a severe weather event Community Welfare Staff closely monitor the situation on the ground and engage with the relevant local authorities and other agencies. Emergency clinics may be opened, and home visits undertaken.

In dealing with emergency events the Department generally adopts a three-stage approach as follows:

• Stage 1 provides emergency income support payments (food/clothing/personal items) in the immediate aftermath of the event.

• Stage 2 involves the replacement of white goods, basic furniture items and other essential household items.

• Stage 3 is to identify what longer term financial support is required, including plastering, dry-lining, relaying of floors, electrical re-wiring and painting.

My Community Welfare Staff are currently on the ground offering Stage 1 financial assistance and advice to those living in the affected areas and this will continue into the weekend.

Levels of payment under the scheme depend on the relative severity of damage experienced and the household’s ability to meet these costs ensuring that the funding is appropriately targeted.

The income test for humanitarian assistance is more generous than that which applies in the case of social welfare schemes generally. For example, a family consisting of a couple and two children with a gross household income of €70,000 or less will receive 100% of the amount allowable in respect of their application. A reduced or tapered level of support can be provided in cases where such families have income more than €70,000.

I wish to assure the Deputy that the humanitarian assistance scheme is kept under review to ensure that it continues to provide a timely response to support those most in need of assistance.

If any homeowner affected by Storm Babet needs to access these supports, they can contact the Community Welfare Service by phoning 0818 60 70 80.

I trust this clarifies the matter for the Deputy.

Question No. 379 answered with Question No. 378.

Employment Support Services

Questions (380)

Joan Collins

Question:

380. Deputy Joan Collins asked the Minister for Social Protection the reason the local employability service in south Dublin which has been supporting community since 2004 has been advised that services are to go to public tendering (details supplied). [46707/23]

View answer

Written answers

My Department currently provides employment services for people with disabilities through 23 EmployAbility contracted service providers across the State. Up to now all contracts for the EmployAbility Service were issued for a single 12 month period and rolled-over on an annual basis.

My officials are undertaking a procurement process to update current EmployAbility services in order to comply with legal advice from the Attorney General and Chief State Solicitor’s Office relating to national and EU legislative procurement provisions.

It is not the intention of this procurement to significantly change the services currently provided to clients, reflecting the overall effectiveness of the current service.

Stakeholder engagement has been a key aspect of this procurement process with my officials having met with each EmployAbility service provider individually. In addition, in May, I met with the Chairs of all EmployAbility companies in order to hear their views on the forthcoming process.

The Request for Tender (RFT), which issued in September with a closing date of 20th November, was drafted having regard to feedback received from these stakeholder engagements.

The proposed new EmployAbility model aims to enhance the autonomy of the service providers to enable them to more effectively provide a high-quality supported employment service for people with disabilities. It is in everyone’s interests that my Department continues to support a quality employment service for people with disabilities and my officials will continue to work with all stakeholders on the best way to achieve this while ensuring contracts are legally compliant.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (381)

Bernard Durkan

Question:

381. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which means and other tests for carer's allowance continue to be cognisant of the person’s physical/mental needs; and if she will make a statement on the matter. [46736/23]

View answer

Written answers

The Government acknowledges the important 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.

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

At all times, my Department is cognisant of the physical and mental needs of those who apply for and are in receipt of Carer’s Allowance. To learn about and keep abreast of the priorities of carers, my officials actively engage with carers’ representative groups on an ongoing basis and host an annual Carers’ Forum which is also attended by officials from the Department of Health, the Department of Housing, Local Government and Heritage, the Department of Children, Equality, Disability, Integration and Youth, the HSE, the National Transport Authority and other agencies with responsibilities for delivering other supports and services to carers. This forum provides carers with a valuable voice at policy level across a range of departments and agencies.

CA has several qualifying conditions, some of which can be complex. In considering applications for CA, evidence must be provided in respect of the care recipient’s medical condition, the care needs of the care recipient and the provision of care conditions by the carer, the carer's means, and habitual residency conditionality.

The CA application form (CR1) is designed and structured in accordance with the nature of the scheme and the qualifying criteria for the allowance for the purpose of capturing all relevant information. My Department regularly reviews scheme application forms, including the CA application form, to ensure that it is user friendly for the applicant, while also taking account of the nature of the scheme and its qualifying criteria. In 2022, my Department updated and shortened the CR1 application form, working together with Family Carers Ireland on the structure and contents of the form.

Where medical evidence establishes a serious medical condition and / or a grave prognosis, a fast-track return communications system is in place between my officials in CA Section and my Department's Medical Assessors in order to expedite the processing of such claims.

I announced several measures in Budget 2024 that will benefit carers. These include:

• €400 cost of living lump sum payment which will be paid in November.

• From January 2024, there will be a €12 increase in the maximum rate of the Carer's Allowance and Carer's Benefit. There will be proportionate increases for people getting a reduced weekly rate.

• From January 2024, there will be a €10 increase to the Domiciliary Care Allowance payment.

• Weekly rates of qualified child payments will increase by €4 in January 2024 bringing them to €54 for those aged 12 and over, and €46 for under 12s.

• €100 cost of living lump sum for people getting an Increase for a Qualified Child.

• Christmas Bonus double payment to be paid in December.

• January cost of living bonus for people getting a weekly social welfare payment, to be paid in 2024.

Furthermore, the weekly income disregard will increase from €350 to €450 for a single person, and from €750 to €900 for carers with a spouse / partner. Carer's Allowance disregards continue to be the highest income disregards in the entire social welfare system.

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 hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (382)

Bernard Durkan

Question:

382. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of recipients of carer’s allowance whose payment has been reviewed in recent times; and if she will make a statement on the matter. [46737/23]

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.

The table below contains the number of recipients of CA whose payment has been reviewed in the last five years.

Totals below include Means Reviews, Medical Reviews, Control Reviews and any case where CA eligibility was reviewed.

Carer’s Allowance – Reviews of payment

to date 2023

12,860

2022

12,277

2021

11,346

2020

11,015

2019

9,397

2018

7,036

I hope this clarifies the position for the Deputy.

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