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Wednesday, 6 Dec 2023

Written Answers Nos. 102-116

Planning Issues

Questions (102)

Ivana Bacik

Question:

102. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage his plans to legislate to end the practice of developers securing planning permission for housing leaving sites undeveloped for prolonged periods. [54122/23]

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Written answers

Since the publication of Housing for All, the Government has focused on the activation of permissions and land for housing.

The Residential Zoned Land Tax (RZLT) is a new tax introduced in Finance Act 2021 which seeks to increase housing supply by encouraging the activation of lands which are suitably zoned and appropriately serviced.

Draft maps were published by local authorities on 1 November 2022, supplemental maps on 1 May 2023 and final maps of lands in scope were published on 1 December 2023. Liability to the tax will commence on 1 February 2025, subject to enactment of the Finance Bill 2023.

Where development is not commenced on the identified land, the landowner will be subject to a tax of 3% of market value annually, administered by the Revenue Commissioners.

The tax will therefore incentivise landowners to either develop land, or to sell it to someone who will develop it, with the benefit of planning permission, to ensure they are not subject to an annual tax liability on their land.

The tax will operate in conjunction with amendments in 2021 to Section 42 of the Planning and Development Act 2000 which mean that the 5-year duration of a planning permission can only be extended once commencement of development has occurred and substantial works have been undertaken, introducing a requirement to ‘use’ a planning permission in order to avoid the permission lapsing.

Derelict Sites

Questions (103)

Ivana Bacik

Question:

103. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the revenue raised in 2022 by derelict sites levy payments for publicly owned land. [54123/23]

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Written answers

Local authorities are required to submit an annual return to my Department providing information on the operation of the Derelict Sites Act 1990 in their functional areas, including on the amount of derelict site levy collected. However data in respect properties levied in which a statutory body or a State authority may have an interest is not collected as part of the annual returns and consequently is not available in my Department. The relevant information may be requested from the local authorities concerned.

Housing Provision

Questions (104)

Ivana Bacik

Question:

104. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will report on progress to deliver affordable homes in Poolbeg west SDZ; and if he will report on his engagement with the developer and Dublin City Council in respect of same. [54124/23]

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Written answers

The regeneration of Poolbeg West is an important step in the transformation of the Dublin Docklands area, with the potential to provide for 3,500 homes. A condition of the planning scheme for the Poolbeg West Strategic Development Zone, as modified by An Bord Pleanála on 9 April 2019, is the provision of 15% social and affordable homes on this site in addition to the 10% statutory social housing requirement under Part V arrangements.

In March 2022, Dublin City Council approved an application for the first phase of homes at the former Glass Bottle site. My Department has been working with Dublin City Council and the developers of the Poolbeg SDZ area to progress the delivery of social and affordable housing in this first phase of housing delivery, subject to agreement on the SDZ requirements and all the normal and relevant terms, including value for money aspects.

The developers are engaging with Dublin City Council regarding the provision of the 10% Part V social housing in this first phase and tripartite engagement is ongoing with regard to delivery of the additional social and affordable housing in this first phase in accordance with the terms of the SDZ condition. Drafting of an agreement is underway and the parties are not in a position to comment further until an agreement is finalised.

Departmental Data

Questions (105)

Ivana Bacik

Question:

105. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the number of local authority home loan application, approvals and drawdowns in each year from 2019 to date in 2023, in tabular form. [54126/23]

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Written answers

The Local Authority Home Loan (LAHL) is a Government-backed mortgage for creditworthy applicants who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build.

The Local Authority Home Loan replaced the Rebuilding Ireland Home Loan, which was introduced in February 2018. The Rebuilding Ireland Home Loan closed to new applications when the Local Authority Home Loan was introduced in January 2022.

The Housing Agency provides a central support service that assesses applications for the Local Authority Home Loan and its predecessor the Rebuilding Ireland Home Loan, on behalf of local authorities and makes recommendations to the authorities to approve or refuse applications. The final decision on loan approval is a matter for the relevant local authority and its Credit Committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the Regulations establishing the scheme and the credit policy that underpins the scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities.

My Department regularly publishes information on the number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns for both the Local Authority Home Loan. Local authority approval means that an official letter of offer has been sent to a borrower. My Department does not collect statistics on the number of applications submitted to Local Authorities.

Information on drawdowns, approvals, average drawdowns, and average approvals for the Local Authority Home Loan up to Q2 2023 is available on my Department’s website at the following link: www.gov.ie/en/collection/42d2f-local-authority-loan-activity/#local-authority-loans-approvedpaid

Housing Provision

Questions (106)

Ivana Bacik

Question:

106. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will report on his engagement with the Departments of Further and Higher Education, Innovation, Research and Science and Enterprise, Trade and Employment in respect of workforce planning in the construction industry to ensure the delivery of housing and other critical infrastructure. [54127/23]

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Written answers

My Department engages with the Department of Further and Higher Education, Research and Science and the Department of Enterprise Trade and Employment through the Housing for All governance structures. These include the Housing for All Industry Capability Working Group (ICWG), and the Modern Methods of Construction Leadership and Integration Group (MMC LIG) chaired by the Department of Enterprise Trade and Employment.

The following actions from the Housing for All Action Plan Update and the Q3 2023 Progress Report are coordinated through these groups;

• The Expert Group on Future Skills Needs (EGFSN) to report on the skills requirement for the transition to MMC.

• The publication of an Action Plan in response to the EGFSN report on MMC Skills and then informed by this report investigate the development of an industry lead platform to promote MMC skills development.

• The expansion of apprenticeship capacity, including in construction-related programmes, in line with increased demand and report quarterly on progress.

• Support specialist industry led upskilling as identified by project partners targeted at professionals for the Construction Sector.

• Quarterly reporting on the implementation of actions identified in the Action Plan to Promote Careers in Construction and delivery of the skills response in relation to the Report on the Analysis of Skills for Residential Construction & Retrofitting 2023–2030.

• Update the underlying projections of the Report on the Analysis of Skills for Residential Construction & Retrofitting 2023–2030 biannually to ensure that the skills response delivered is appropriate.

The minutes of the meetings of these groups can be found at the following links:

www.gov.ie/en/collection/20e1c-housing-for-all-industry-capability-working-group-meetings/#:~:text=The%20Industry%20Capability%20Workstream%20has,and%20compliance%2C%20and%20sectoral%20engagement.

enterprise.gov.ie/en/publications/mmc-leadership-and-integration-group.html#:~:text=The%20Modern%20Methods%20of%20Construction,MMC%20development%20and%20research%20orientation.

State Bodies

Questions (107)

Catherine Connolly

Question:

107. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage if the final report of the External Scoping Exercise into certain matters pertaining to An Bord Pleanála by a person (details supplied) has been completed to-date; the details of any interim reports provided to-date; the timeline for the publication of the final report; and if he will make a statement on the matter. [54205/23]

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Written answers

An Bord Pleanála (ABP) is a quasi-judicial body which carries out its statutory functions independently of the Minister for Housing, Local Government and Heritage.

An Bord Pleanála appointed an external reviewer, Ms. Lorna Lynch, Senior Counsel, to carry out a scoping investigation into certain matters.

An Bord Pleanála have advised that, in conducting this scoping investigation, Ms. Lynch will be provided with the material which was gathered and collated by members of the senior management team who were involved in the preparation of the Internal An Bord Pleanála Report in 2022. The Senior Counsel has also been asked to consider the relevant Office of the Planning Regulator (OPR) recommendations, following the completed and published OPR reviews of An Bord Pleanála.

Ms. Lynch's scoping investigation and report is entirely a matter for An Bord Pleanála who initiated this exercise. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie.

Planning Issues

Questions (108)

Catherine Connolly

Question:

108. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage the status of the review by his Department of resources for the planning sector; the status of the development of the related ministerial action plan; the timeline for the publication of the action plan; and if he will make a statement on the matter. [54206/23]

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Written answers

Recognising the need for increased capacity in the public sector planning services and related expertise in addition to the staffing needs of agencies, organisations and the private sector, analysis is being undertaken in relation to the availability of relevant skills and expertise and a set of actions is being developed in a Ministerial Action Plan to respond to the capacity challenges.

This analysis includes an assessment of the number of graduates coming through our third level institutions and will involve ongoing monitoring of factors such as the projected retirement profile and movement of staff between organisations to facilitate consideration of recruitment and retention challenges.

The action plan will focus on increasing the potential routes into the planning and related professions and increasing the level of uptake of available options, having regard to the need for consideration of professional accreditation and education standards.

In the short term, it is likely that the potential for international recruitment will be considered in light of the current general and specific skills-based labour market tightness.

A steering group is proposed to be established shortly, led by my Department, including representation from the Department of Further and Higher Education, Research, Innovation and Science (DFHERIS), the Office of the Planning Regulator (OPR), the Local Government Management Agency (LGMA)/County and City Management Association (CCMA), the professional planning institutes and third level institutions to agree and guide the implementation of the action plan, which will be facilitated through a number of working groups.

In addition to the Ministerial Action Plan, my Department is currently working on a number of measures to increase staffing levels in the local government planning sector. The LGMA submitted a report entitled Business Case for Resources for the Planning Function of Local Authorities in 2022 which identified a shortfall of over 500 staff in local authority planning services at that time. Further to the submission of the report, my Department is working in conjunction with the LGMA on a programme of support to provide planning authorities, on a phased basis, with the requisite level of staffing resources and expertise to efficiently and effectively perform their planning functions. In this connection, my Department wrote to planning authorities in October conveying approval to the filling of an initial 100 posts in the local authority planning service under the first tranche of the programme. Engagement is ongoing with the local government sector on the scope of further tranches.

€8 million has been allocated in Budget 2024 specifically for additional planning recruitment and training at local authority level. This will support the filling of the 100 posts and will also enable the establishment of a sustainable pipeline of planning resource provision. This will include a new training initiative and the development of apprenticeship and educational programmes to support new pathways into the planning service. Funding is provided for local authority training following the publication by my Department, the OPR and the LGMA of a Learning and Development Strategy for Local Authority Staff in January 2023. A Planning Services Training Group (steering group) has been established to guide the development of foundation level, intermediate level and leadership training programmes. The initial focus is on the development of a foundation level programme for administrative staff to ensure that effective and consistent approaches are taken across the 31 local authority planning services.

As of 31 October 2023, there are 249 people, including Board Members, working in An Bord Pleanála (the Board), more than any time previously. Since October 2021, my Department has agreed to 117 new staffing posts (93 of these within the last 12 months) in the Board, as detailed below.

• In October 2021, my Department approved an additional 24 posts across a range of technical and administrative grades including the setting up of a new Marine and Climate Unit.

• In December 2022, 34 additional posts were sanctioned, and the Board is in the process of filling these positions.

• In April 2023, the Board submitted sanction requests for a total of 59 new posts, all of which were approved by my Department.

It is intended that when all the approved posts are filled, over 300 people will be employed by the Board. This will represent an increase in the overall agreed staffing at the Board to in excess of 50% since before 2021.

Furthermore, more Board Members have now been appointed than at any stage previously. The total number of Board Members serving in An Bord Pleanála is now 15, the maximum now provided for under the legislation. The recruitment processes for both the appointment of a full-term Chairperson and full-term Board Members are currently ongoing and are due to be completed in Q1 2024. Temporary Board Members may continue to be appointed in the interim as vacancies arise.

The Board received an Exchequer allocation of €26.9 million for 2023, which was an increase of €4.7 million on their 2022 allocation. In Budget 2024, a further €5 million is to be made available to the Board, to enable sanctioned staffing levels to increase to more than 300 people and 15 decision-making Board Members to be maintained.

In addition, an increase of €3 million capital funding was allocated to the newly established Maritime Area Regulatory Authority (MARA) while an increase of €0.3 million has been provided for the OPR which will bring the OPR budget to €4.7 million for 2024.

Housing Policy

Questions (109)

Catherine Connolly

Question:

109. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage the status of the development of the new rural housing guidelines; the timeline for the publication of the new guidelines; and if he will make a statement on the matter. [54207/23]

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Written answers

Since the publication of the current Sustainable Rural Housing Guidelines in 2005 (which continue to have effect in addition to subsequent clarifications and national policy changes in the NPF) there have been important changes to our planning system. Most notably, obligations under European Directives and international agreements relating to the management and protection of the environment and adapting to and mitigating climate change have become more central to the operation of the planning system.

Updated Rural Housing Guidelines are currently being prepared by my Department. The updated guidelines will expand on the high level spatial planning policy of the National Planning Framework (NPF), in particular on National Policy Objective (NPO) 19 which relates to rural housing. This objective makes a clear policy distinction between rural areas under urban influence (i.e. areas within the commuter catchment of cities, towns and centres of employment) on the one hand, and structurally weaker rural areas where population levels may be low or declining, on the other. NPO 19 is also aligned with the established approach whereby considerations of social (intrinsic part of the community) or economic (persons working full or part time) need are to be applied by planning authorities in rural areas under urban influence.

The draft Rural Housing Guidelines will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high level policy framework set by the NPF. The guidelines will continue to allow county development plans to provide for housing in the countryside based on the considerations detailed in NPO 19 of the NPF, and will also highlight the need to manage development in certain areas, such as the areas around cities and larger towns and environmentally sensitive areas, in order to avoid over-development.

While planning policy is a national, as opposed to an EU competence, due care is being taken to ensure the updated guidelines will not operate to conflict with fundamental EU freedoms, comply with EU environmental legislative requirements and have due regard to decisions of the European Court of Justice. The draft planning guidelines will address these complex environmental and legal issues, while also providing a framework for the sustainable management of housing in rural areas.

Having regard to these complex considerations, the draft guidelines are subject to legal review and Ministerial approval, following which it is intended that the draft guidelines will be published for a period of public consultation.

Social Welfare Appeals

Questions (110)

Pearse Doherty

Question:

110. Deputy Pearse Doherty asked the Minister for Social Protection when a decision will be made for a carer’s benefit review (details supplied); if any outstanding documentation is required; and if she will make a statement on the matter. [53923/23]

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Written answers

Carer's Benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.

To qualify, the Carer must satisfy PRSI conditions; employment conditions; show that they are providing full-time care and attention; and show that the care recipient requires full-time care and attention.

CARB is payable for a period of 2 years (104 weeks) for each care recipient and may be claimed over separate periods up to a total of 2 years (104 weeks).

An application for CARB was received from the person concerned on 15 September 2023. The application was awarded for the full entitlement of 104 weeks from 26 October 2023 to 22 October 2025 and the first payment issued on 26 October 2023.

The award date was based on the information supplied that the person intended to reduce their hours of employment to meet the employment qualifying condition of 18.5 hours per week from 23 October 2023.

A request for backdating was submitted by the person concerned on the 26 October 2023. A Deciding Officer has examined the request and determined that further information is required to make a formal decision. A written request for this information was issued on 11 November 2023.

On receipt of the information, a Deciding Officer will make a formal decision on the request for backdating and the person concerned will be notified in writing.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (111)

Imelda Munster

Question:

111. Deputy Imelda Munster asked the Minister for Social Protection the reason a person (details supplied) who was in receipt of jobseeker's assistance and illness benefit consistently for a total of 312 CPD over the past year, both payments which are eligible for the Christmas bonus, has been advised that they are not eligible for the bonus; and if she will make a statement on the matter. [53966/23]

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Written answers

A Christmas Bonus payment of 100% of the appropriate weekly amount is to be paid to all recipients of long-term Social Welfare Payments, subject to a minimum Bonus payment of €20. As announced in Budget 2024, Customers in receipt of Jobseeker’s Payments who have been on these payments for 12 months / 312 Claim Paid Days (CPD) or more will receive a Christmas Bonus. In this particular case, the person concerned is in receipt of Jobseekers Allowance and had a total of 192 Claim Paid Days. Prior to his jobseeker claim, this customer was in receipt of Illness Benefit for a period and for the purposes of the Christmas Bonus his time spent on Illness Benefit does not link to Jobseekers Allowance. Therefore, the person concerned does not qualify for the Christmas bonus payment based on the eligibility criteria.

Customers in receipt of Jobseeker's Allowance who had previously been in receipt of payment on certain other schemes may be entitled to the Christmas Bonus where there is a combined total of 312 Claim Paid Days. Time in receipt of Basic Supplementary Welfare Allowance or Daily Expenses Allowance can count. Additionally, time spent on an Employment scheme or Training / Education course such as Community Employment, VTOS or with the Education and Training Board may also be considered when establishing entitlement to the Christmas Bonus. These are the only exceptions that establish entitlement to the Christmas bonus. Any changes to the eligibility criteria for the Christmas Bonus would have to be considered in the overall policy and budgetary context.

Industrial Disputes

Questions (112)

Patrick Costello

Question:

112. Deputy Patrick Costello asked the Minister for Social Protection for an update on talks between her Department regarding the disparity in pay between Tús and CE supervisors; and if she will make a statement on the matter. [53967/23]

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Written answers

Officials from my Department hold regular meetings with representative associations to discuss issues of mutual interest in relation to the delivery of all employment programmes; Community employment (CE), Job Initiative (JI), the Rural Social Scheme (RSS) and Tús.

With regard to the issue raised by the Deputy, the Department is involved in ongoing discussions, as a partner in a tripartite group, also involving Union and the Implementing Bodies representatives. The Deputy may wish to note that there are differences in the work undertaken by CE supervisors and that undertaken by Tús supervisors.

The Deputy will also be aware that all supervisors and assistant supervisors employed on CE, JI, Tús and RSS schemes received a 5% pay increase in 2023, which has been made possible through the provision of additional grant funding from my Department.

I wish to assure the Deputy that the work undertaken by supervisors on all employment schemes is valued and makes an important contribution to participants and communities across the State.

Social Welfare Payments

Questions (113)

David Stanton

Question:

113. Deputy David Stanton asked the Minister for Social Protection her plans, if any, to award a cost-of-living lump sum payment to disablement benefit holders similar to that awarded to those in receipt of a disability allowance, invalidity pension or blind pension payment; and if she will make a statement on the matter. [53997/23]

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Written answers

Disablement Benefit is part of the Occupational Injuries Benefit scheme. This scheme caters for people injured or incapacitated by an accident at work or while travelling to or from work. The scheme also covers people who have contracted a disease as a result of the type of work they do.

Disablement Benefit is a compensation payment and can be paid alongside other social welfare payments. People in receipt of Disablement Pension (without another payment) can work, full or part-time. Those who are unfit for work may qualify for Illness Benefit or another social welfare payment based on their social insurance contributions (PRSI). Alternatively, they may qualify for Incapacity Supplement.

Payments under the Occupational Injuries Benefit scheme, including Disablement Benefit, did not qualify for the once-off Cost of Living support payment in November 2023, because there are no limits to the amount that recipients can earn from work or they may already be in receipt of a supplement on an ongoing basis in the form of Incapacity Supplement.

They are, however, eligible for other increases in payment rates and double-payments announced under Budget 2024. Recipients of Disablement Benefit will receive the Christmas Bonus and the January Cost-of-Living Bonus, which will provide 100% increases in the weekly rate of payment for recipients in early December and late January respectively. The maximum rate of Disablement Benefit will also increase by €12 per week from January 2024, with an additional €4 weekly increase for qualified children. From January 2023, Disablement Benefit was disregarded from the means test for Fuel Allowance. In November, households getting the Fuel Allowance received a €300 cost-of-living lump sum payment.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (114)

Maurice Quinlivan

Question:

114. Deputy Maurice Quinlivan asked the Minister for Social Protection about the case of persons (details supplied) who despite both parents being in receipt of the illness benefit payment, and currently receiving half rate qualified child increases on their payments have been deemed ineligible for the €100 cost-of-living lump sum payment per child; and if she will make a statement on the matter. [53999/23]

View answer

Written answers

Illness Benefit is a payment for people who cannot work due to illness and who satisfy the pay-related social insurance contribution conditions. Illness Benefit is paid for a maximum of two years and is classified as a short-term scheme.

Only people in receipt of Illness Benefit for at least one year and that are also receiving an increase for a child are entitled to the €100 per child cost of living lump sum payments.

The persons concerned have been in receipt of Illness Benefit from October 2023, and as such do not qualify for the bonus payments.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (115)

Brendan Griffin

Question:

115. Deputy Brendan Griffin asked the Minister for Social Protection if a person (details supplied) will qualify for treatment benefit scheme; and if she will make a statement on the matter. [54000/23]

View answer

Written answers

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

In order to qualify, a person needs to have at least 260 PRSI contributions paid at either Class A, E, H, P or S since first starting work, and also have 39 contributions paid or credited in the relevant contribution year on which the claim is based.

Unfortunately, the person concerned or her spouse do not satisfy the PRSI conditions and therefore are not qualified for the hair replacement benefit under the Department’s Treatment Benefit scheme.

If the person concerned has a Medical Card, she should contact her local HSE office where advice on entitlements under the HSE scheme will be available.

I hope this clarifies the matter for the Deputy.

State Pensions

Questions (116)

Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) would have enough contributions to enable her to qualify for a State pension or a form of payment from her Department following recent changes and updates in this area with respect to long-term carers; and if she will make a statement on the matter. [54055/23]

View answer

Written answers

The person concerned reached pension age on 21 May 2023.

In order to qualify for standard State pension (contributory), an individual must have 520 full-rate paid contributions.

According to the records of my Department, the person concerned has 347 reckonable contributions. As they do not have the required 520 full rate paid contributions, they do not qualify for State pension (contributory).

As part of the series of landmark reforms to the State Pension system, I have introduced an enhanced State Pension provision from January 2024 for people who have been caring for incapacitated dependents for over 20 years (1040 weeks). The periods of care-giving do not need to be consecutive.

If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for the Long-Term Carers Contributions (LTCC). If the criteria are met, the equivalent of paid contributions may be attributed to cover caring gaps in their contribution record. The quickest way to apply is online at MyWelfare.ie.

Further information about the Long-Term Carers Contributions and the changes to State pension (contributory) and are available on the Government website at gov.ie/pension.

I hope this clarifies the matter for the Deputy.

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