Paul Murphy
Question:892. Deputy Paul Murphy asked the Minister for Social Protection whether retrospective applications can be granted for a carer’s allowance (details supplied). [56905/23]
View answerSocial Welfare Payments
Questions (892)
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.
In order to qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention and that the person being cared for requires that level of care.
Payment of CA may continue for 12 weeks after the death of the person being cared for. If the person concerned is care sharing, payment of CA may also continue for 12 weeks after the death of the person being cared for.
A person is disqualified from payment of CA for any period before the date on which the claim is made. However, the claim can be backdated for up to 6 months in circumstances where "good cause" is shown for the delay in making the claim, provided the claimant can prove to the satisfaction of the Deciding Officer (DO) or Appeals Officer (AO) that they satisfied the qualifying conditions for receipt of payment during that period.
Failure to claim the CA at the correct time may result in loss of entitlement to the payment for the period concerned.
Lack of knowledge by itself is not regarded as sufficient reason for not claiming in time. The Department publishes information leaflets as widely as possible and advertises changes of legislation in the National Press. Information Officers are available throughout the country for people to make enquiries as to their entitlements.
Further back-dating may also be possible in certain circumstances:
- where the failure to claim within the prescribed time period arose as a result of false and misleading information being provided by staff of this department to the person or their agent
or
- the person was so incapacitated by illness or infirmity between time of entitlement and making the claim that they could not make the claim or instruct another person to make the claim on their behalf
I trust this clarifies the position for the Deputy.
Research and Development
Questions (893)
Denis Naughten
Question:893. Deputy Denis Naughten asked the Minister for Social Protection if she will list the ongoing research commissioned under the remit of her Department through the North-South Ministerial Council, Shared Island Initiative or through other all-island arrangements; if she will outline the research that has been completed; the date of publication of the research since the signing of the Good Friday Agreement; and if she will make a statement on the matter. [56921/23]
View answerWritten answers
To date, my Department has not commissioned any research through the North-South Ministerial Council, Shared Island Initiative or other all-island arrangements.
However, the Department regularly contributes to various all island fora, where the scope is relevant to the remit of this Department. For example, the Cross Border Partnership for Employment Services (CBPES) continues to work to support work mobility between the border counties of Ireland and Northern Ireland. The Department regularly attends the Border People Advisory Group meetings, providing technical advice on the interplay of competing social security agreements; Department officials also attend the annual Social Welfare Summer School, which is jointly run by the Department of Social Protection and the Department for Communities in Northern Ireland.
I trust this clarifies matters for the Deputy.
Social Welfare Eligibility
Questions (894)
Michael Healy-Rae
Question:894. Deputy Michael Healy-Rae asked the Minister for Social Protection what supports are available in a situation (details supplied); and if she will make a statement on the matter. [56943/23]
View answerWritten answers
Illness Benefit 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 Illness Benefit depends on the person’s PRSI record and class of contributions paid. People must have made the required number of contributions under PRSI Class A, E, H or P to qualify.
Previously, Illness Benefit was only available to persons under 66. Under legislation that came into effect at the start of 2024 if a person born on or after 1 January 1958 has attained pensionable age of 66 years but has neither attained the age of 70 years nor been awarded a State Pension (Contributory) they may be entitled to Illness Benefit, subject to meeting the other conditions of the scheme. I do note, however, in this case that, based on the fact that this question was asked in December 2023 and the person concerned is said to be over the age of 66 at that stage, this means that they do not fall into the category of persons who may be entitled to Illness Benefit post 66 years.
Once a person reaches 66 years of age they may be entitled to a State Pension (Contributory), depending on their contribution history. A person can draw their State Pension (Contributory) and continue to work, however that income may be subject to tax. If they do not have sufficient PRSI contributions for a State Pension (Contributory) they may be entitled to the State Pension (Non-Contributory), subject to a means test.
The Sick Leave Act 2022 introduced the concept of statutory sick leave. In 2023, workers had an entitlement to 3 days statutory sick leave in a calendar year which, since 1 January 2024, has now increased to 5 days. Under the scheme, sick pay may be paid by an employer at 70% of a person’s normal pay, up to a maximum of €110 a day for the first 5 days of an absence due to illness. The Department of Enterprise, Trade and Employment has policy responsibility for statutory sick leave.
With regard to additional supports, my Department also provides an Additional Needs Payment under the Supplementary Welfare Allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.
The payment is available to anyone who needs it and qualifies, whether the person is currently on a social welfare payment or in employment. The payment amount will depend on a person’s weekly household income, their outgoings and the type of assistance needed. Payments are made at the discretion of the local Community Welfare Officers administering the scheme, considering all the circumstances of the case.
I trust that clarifies the matter for the Deputy.
Social Welfare Code
Questions (895)
Claire Kerrane
Question:895. Deputy Claire Kerrane asked the Minister for Social Protection if she will review jobseeker's benefit in order to ensure those in receipt of it, who are also working, can benefit from additional supports, given they are working and contributing; and if she will make a statement on the matter. [56946/23]
View answerWritten answers
The Fuel Allowance payment and Christmas Bonus is paid to social welfare recipients such as pensioners, people with disabilities, carers, lone parents and the long-term unemployed in recognition of their long-term financial dependence on their social welfare payment for all or most of their income.
People on long term payments are unlikely to have additional resources of their own and are more vulnerable to poverty, including energy poverty. It is for this reason that my Department allocates additional payments, supports and resources such as Fuel Allowance and the Christmas Bonus to this cohort of claimants.
Jobseekers Benefit is a short-term payment for those who suffer a short period of interruption to their employment. The payment is not means-tested and the recipients still have an attachment to the labour force and there is an expectation that they will return to the workforce.
Any further widening of the thresholds for accessing the fuel allowance scheme or the Christmas bonus can only be considered while taking account of the overall policy and budgetary situation.
With regards to access to Supplementary Welfare Allowance, my Department can make additional needs payments to help meet essential expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the person’s own resources and are deemed to be necessary. Additional needs payments are available to anyone who needs it and qualifies, whether the person is currently receiving a social welfare payment or working on a low income.
Payments 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 in order to ensure that the payments target those most in need of assistance.
Any person who considers they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.
I trust that this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (896)
Róisín Shortall
Question:896. Deputy Róisín Shortall asked the Minister for Social Protection if financial supports are available for self-employed people with disabilities, similar to the wage subsidy scheme for people with disabilities; if not, if she plans to introduce such a scheme; if not, plans, the reason; and if she will make a statement on the matter. [56997/23]
View answerWritten answers
The Department's disability-related schemes have been structured to support recipients to pursue employment opportunities, be that self-employment or insurable employment. There are a number of employment supports available.
The Partial Capacity Benefit scheme allows a person who is in receipt of Invalidity Pension or Illness Benefit to enter or return to employment or self-employment and continue to receive a partial or full payment. Following a medical assessment if a person's restriction regarding their capacity for work is rated as moderate, severe or profound, their payment continues at 50%, 75% or 100% of their previous payment respectively while in employment. Partial Capacity Benefit has also been designed so that there are no restrictions or limits on earnings or on the number of hours a person can work.
A person in receipt of Disability Allowance or Blind Pension who pursues employment or self-employment can avail of an income disregard of €165 per week. In addition, 50% of earnings between €165 and €375 are disregarded for the purpose of the means test.
The Back to Work Enterprise Allowance scheme has been designed to support persons, including persons with disabilities, to take up self-employment opportunities. It allows a person to retain 100% of their payment in year one and 75% in year two, including any increases for a qualified adult and qualified children in payment.
The Workplace Equipment Adaptation Grant is designed for a person with a disability who has been offered employment, is in employment or is self-employed, and requires a more accessible workplace or adapted equipment to do the job. S/he may be able to get a grant towards the costs of adapting premises or equipment. A maximum grant of €6,350 is available towards the cost of adaptations to premises or equipment. Applications in excess of this sum are considered on an individual basis up to a maximum of €9,523 if specialist training for assistive technology is required.
The Wage Subsidy Scheme is a support to encourage private sector employers to employ people with disabilities by means of a subsidy. The subsidy available is between €6.30 and €9.45 per hour depending on the number of employees supported by the scheme. The employment must be between 21 and 39 hours per week and satisfy all relevant employment legislation.
Under Budget 2024, I allocated an additional €3.7 million to expand this scheme in April 2024 by reducing the minimum required hours from 21 hours to 15 hours. My Department is undertaking a review of this scheme at present, and I expect to publish the report of the review in the coming months.
I trust this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (897)
Michael Creed
Question:897. Deputy Michael Creed asked the Minister for Social Protection if a person (details supplied), through paid and credited contributions, has an entitlement to the State pension (contributory), either at maximum or reduced rates; and if she will make a statement on the matter. [57017/23]
View answerWritten answers
An individual must have 520 full-rate paid contributions in order to qualify for standard State Pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment.
According to the records of my Department, the person concerned has a total of 297 full-rate contributions. Since their contributions fall short of the requisite 520 paid full-rate contributions, they do not qualify for State Pension (contributory).
The person concerned was awarded Home Caring Periods for the period 9 April 1983 to 8 December 2001. Home Caring Periods can be used to improve a persons rate of state pension (contributory). They cannot however be used to satisfy the requirement to have 520 full rate contributions.
In September 2022, I announced the introduction of State Pension provision for long-term carers by attributing the equivalent of paid contributions to cover gaps in their contribution record. These Long-Term Carer's Contributions are available to those who provided full time care to incapacitated dependents for 20 years or more (1040 weeks).
If the person concerned has been caring for incapacitated dependents for over 20 years, they may be awarded the equivalent of paid contributions to cover gaps in their contribution record in order to qualify for the State Pension Contributory. The periods of caregiving do not need to be consecutive. The quickest way to apply for Long-Term Carers Contributions is online at MyWelfare.ie.
Further information about the changes in State pension (contributory) and Long-Term Carers Contributions are available on the Government website at gov.ie/pensions.
Where a person reaches State Pension age and does not satisfy the conditions to qualify for State Pension (contributory) or qualifies for less than the maximum rate, they may instead qualify for one of the following:
- The means-tested State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the state pension contributory; or
- An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate State pension contributory pension where their spouse has a contributory pension; or
- Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the State pension contributory with allowances (notably the Living Alone Allowance) payable where applicable.
The person concerned applied for the State Pension (Non-Contributory) in October 2018. However, the application was withdrawn in November 2018. It is open to the person concerned to re-apply for the State Pension (Non-Contributory).
I hope this clarifies the position for the Deputy.
Question No. 898 answered with Question No. 890.
Social Welfare Eligibility
Questions (899)
Robert Troy
Question:899. Deputy Robert Troy asked the Minister for Social Protection the qualifying criteria for the fuel allowance; if it is correct that any form of income from work in a household will disqualify an applicant; if she agrees that the fuel allowance should be subject to a straight means test at all times, whether income is derived from work or social welfare; and if she will agree to a full review of the eligibility criteria for fuel allowance. [57019/23]
View answerWritten 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 a cost of almost €502 million in 2023. The purpose of this payment is to provide targeted assistance to households for their energy costs.
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 a means test, the household composition criteria and be in receipt of a qualifying payment (if aged under 70). The full list of qualifying conditions can be found on gov.ie.
While to qualify for Fuel Allowance a household must satisfy a means test, in the case of households where all members are receiving qualifying non-contributory payments, then the means test is deemed satisfied, even if members of the household have additional earnings from employment.
However, if a member of the household is in receipt of a qualifying contributory payment or are aged over 70 and not in receipt of a Social Welfare payment, then a means test must be carried out. Not all income or means are included when assessing a household means for Fuel Allowance purposes. For example, when assessing capital means, the first €20,000 is disregarded for those under 70 and the first €50,000 for those aged 70 or older.
The weekly means threshold for those aged under 70 is €200 above the appropriate rate of State Pension (Contributory), while the allowable weekly means for those aged over 70 is €512 for a single person and €1,024 for a couple.
Where a person on a contributory Social Welfare payment resides with household members in receipt of non-contributory Social Welfare payments, income from the non-contributory payments is disregarded for the purpose of calculating entitlement to Fuel Allowance.
Any decision to amend the fuel allowance qualifying criteria in the manner outlined by the Deputy would represent a fundamental change to the nature of the scheme, which would result in significant additional budgetary requirements and, as such, it would have to be considered in an overall policy and budgetary context.
Finally, my Department provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.
I hope this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (900)
Seán Sherlock
Question:900. Deputy Sean Sherlock asked the Minister for Social Protection how a DCA appeals process could come back with a response that says "the evidence provided does not indicate that the level of additional support required is substantially in excess of that required by children of the same age without their disability" when all the medical reports for a person (details supplied) demonstrate a high level of care for their child and that the child's condition is recognised as one of the eligible conditions. [57048/23]
View answerWritten 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 Appellant’s appeal of the Department’s decision to refuse her Domiciliary Care Allowance application was carefully considered by an Appeals Officer in accordance within the provisions of the Social Welfare Consolidation Act 2005, as amended (the "2005 Act") with guidance from the Medical Eligibility Guidelines for Domiciliary Care Allowance and they concluded, having regard to the totality of the evidence, that the Child in question did not meet the legislative threshold to be considered a ‘Qualified Child’ as per Section 1861(1) of the 2005 Act. The evidence presented and rationale for the Appeals Officer’s decision were set out in correspondence issued to the Appellant from the Social Welfare Appeals Office dated 23 November 2023.
The Deputy may be aware that an appeal outcome is final and conclusive as per Section 320 of the 2005 Act, however an Appellant may, subject to the relevant legislative provisions, request a review of an appeal outcome in light of new or additional evidence or if it is demonstrated that there was an error in fact or law with the original decision, as applicable.
I trust this clarifies the matter for the Deputy.
Departmental Data
Questions (901)
Seán Sherlock
Question:901. Deputy Sean Sherlock asked the Minister for Social Protection for a breakdown of the number of DCA applications rejected by her Department, in 2019, 2020, 2021 and 2022 and per condition of the applicant's child, in tabular form; and if she will make a statement on the matter. [57049/23]
View answerWritten answers
Domiciliary Care Allowance (DCA) is a monthly allowance payable to a parent/guardian in respect of a child aged under 16 who has a severe disability that requires continual or continuous care and attention that is substantially over and above the level of care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.
Eligibility for DCA is not based entirely on the child's disability or diagnosis, but primarily on the impact of the disability/diagnosis, in terms of the associated care and attention required by the relevant child compared to a child of the same age without their disability.
The following are the number of DCA applications rejected by my Department (at the initial decision stage) in the years 2019, 2020, 2021 and 2022:
|
Number of DCA applications rejected |
Year |
|
2,875 |
2019 |
|
2,639 |
2020 |
|
2,478 |
2021 |
|
3,948 |
2022 |
It should be noted that some of these applications would have been subsequently awarded on review, in cases where further medical evidence and/or relevant information was received, or following appeal to the Social Welfare Appeals Office.
Information on rejections or awards in relation to specific medical conditions is not collated. It should also be noted that some children may have multiple diagnoses.
I trust this clarifies the position for the Deputy.
Social Welfare Eligibility
Questions (902)
Peter Burke
Question:902. Deputy Peter Burke asked the Minister for Social Protection if, in the case of 80-year-olds, she will consider the widening of the income brackets to qualify for fuel allowance; and if she will make a statement on the matter. [57120/23]
View answerWritten 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 €382 million in 2024. 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. This ensures that the Fuel Allowance payment is targeted at 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.
As Minister for Social Protection, I was pleased to introduce a new means test for over 70s last year. The means threshold for those aged over 70 is now €512 for a single person and €1,024 for a couple and is based on gross income. 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. Capital means over €50,000 are assessed on a tapered level.
Any further widening of the thresholds for accessing the fuel allowance scheme for those aged 80 or over can only be considered while taking account of the overall policy and budgetary situation.
Finally, my Department provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.
I hope this clarifies the matter for the Deputy.
Social Welfare Eligibility
Questions (903)
Seán Canney
Question:903. Deputy Seán Canney asked the Minister for Social Protection the reason persons who were born before 1 September 1946 cannot avail of home caring periods in terms of their pension; if she believes that this is discriminatory on the grounds of age; and if she will make a statement on the matter. [57122/23]
View answerWritten answers
From September 2012, the rates of State pension (contributory) paid to those who had a yearly average of less than 40 contributions was lowered.
In recognition that these rate changes may have negatively impacted certain cohorts, in January 2018, the Government announced an Interim Total Contributions Approach (TCA) to calculate the entitlement of pensioners who reached State pension age on or after 1 September 2012 (i.e., those born on or after 1 September 1946) and who had a reduced rate pension entitlement based on those post Budget 2012 rate bands. As part of the Total Contributions Approach, HomeCaring Periods were introduced for the first time which allowed those who cared for children, or other dependent relatives, claim up to 20 years in lieu of contributions.
People whose pensions were decided under the 2000-2012 ratebands (i.e., those born before 1 September 1946) were subject to a significantly more generous payment regime than those who qualified before or afterwards, as a Yearly Average of only 20 contributions per year (out of a possible maximum of 52) could attract a 98% pension. If pre-2012 pensioners were also allowed avail of the interim Total Contributions Approach, including HomeCaring Periods, their arrangements, as a group, would be significantly more generous than those of post-2012 pensioners.
I trust this clarifies the matter for the Deputy.
Departmental Data
Questions (904, 905)
Michael McNamara
Question:904. Deputy Michael McNamara asked the Minister for Social Protection how much has been expended on, or for, clothing provided to international protection applicants by way of financial allowance under section 201 of the Social Welfare Consolidation Act 2005 as part of the “material reception conditions” pursuant to S.I. No. 230/2018 - European Communities (Reception Conditions) Regulations 2018 or otherwise in 2020, 2021, 2022 and 2023, respectively. [57127/23]
View answerMichael McNamara
Question:905. Deputy Michael McNamara asked the Minister for Social Protection how much has been expended on, or for, clothing provided to international protection applicants by way of financial allowance under section 201 of the Social Welfare Consolidation Act 2005 pursuant to S.I. No. 230/2018 - European Communities (Reception Conditions) Regulations 2018 or otherwise. [57128/23]
View answerWritten answers
I propose to take Questions Nos. 904 and 905 together.
S.I. No. 230/2018 - European Communities (Reception Conditions) Regulations 2018 stipulates that clothing is provided as part of the “material reception conditions”, by way of financial allowance under section 201 of the Social Welfare Consolidation Act 2005, to applicants for international protection who are awaiting a decision on their application.
Section 201 of the Social Welfare Consolidation Act 2005 provides for Exceptional Needs Payments as part of the Additional Needs Payments under the Supplementary Welfare Allowance scheme.
The statistical reporting for Additional Needs Payments was revised in 2022 and 2023, to extract more complete information, including identification of such payments to international protection applicants.
Statistics for Additional Needs Payments are prepared and published on a quarterly basis. Table 1 shows the annual expenditure under the clothing category to international protection applicants for 2022 and 2023. Figures for 2020 and 2021 specifically relating to payments to international protection applicants, are not available.
It should be noted that in addition, applicants for international protection can access the Back to School Clothing and Footwear Allowance to assist with the cost of uniforms and footwear for children going to school.
I trust this clarifies the matter for the Deputy.
Table 1 – Annual expenditure under the clothing category for international protection applicants for 2022 and 2023
|
Year |
Expenditure |
|
2022 |
€990,000 |
|
2023 |
€1,600,0000 |
Question No. 905 answered with Question No. 904.
Social Welfare Payments
Questions (906)
Michael McNamara
Question:906. Deputy Michael McNamara asked the Minister for Social Protection if the daily expenses allowance is provided to any persons who have been granted international protection or a leave to remain and continue to reside in accommodation provided by IPAS and have the same social welfare entitlements as Irish and EU citizens in the State. [57129/23]
View answerWritten answers
My department administers the Daily Expenses Allowance which is paid to protection applicants who reside in, or are on a waiting list for, accommodation provided by the International Protection Accommodation Services (IPAS) in order to meet incidental, personal expenses.
Once a person has protection (refugee status or other permission to remain), they no longer have an entitlement to Daily Expenses Allowance, but are entitled to apply for any social welfare payment appropriate to their circumstances, subject to the rules of the scheme. This includes access to a basic Supplementary Welfare Allowance payment and child benefit. This is the case even if they continue to reside in accommodation provided by IPAS.
I trust this clarifies the matter for the Deputy.