Bernard Durkan
Question:233. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if she might review the case of a person (details supplied); and if she will make a statement on the matter. [2310/24]
View answerSocial Welfare Benefits
Questions (233)
Written answers
The Person Concerned did not request a backdate of entitlement on their application of 22/11/2022 or application of 03/03/2023.
The Legislation limits to 6 months ( the last 6 months prior to the date the claim is actually made), the period for which payments may be backdated under the 'Lack of Knowledge' clause.
The Primary Legislation governing late claims is set out in Part 9, Chapter 1 of Social Welfare Consolidation Act 2005 (SWCA 2005) (as amended) and Section 241,342 and 342A of the Act.
Social Welfare Benefits
Questions (234)
Bernard Durkan
Question:234. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if domiciliary care allowance may be deemed appropriate in the case of a person (details supplied); and if she will make a statement on the matter. [2314/24]
View answerWritten answers
Domiciliary Care Allowance is a monthly allowance payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the 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. This level of care and attention must be required to allow the child deal with the activities of daily living, in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues, including any other additional needs.
Eligibility for DCA is not based entirely on the child's disability/diagnosis but primarily on the impact of the disability/diagnosis in terms of the associated level of care and attention required by the child compared to a child of the same age. The assessment process that applies in the consideration of whether a child satisfies the criteria for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.
The child concerned may qualify for DCA depending on the extent of their additional care needs compared to a child of the same age without their disability/diagnosis.
All applications are decided by a deciding officer on an individual case by case basis, in respect of the relevant child, based on the personal details provided in the application form (Dom Care1), including the signed details from the applicant's GP or other medical professional on this form, along with any additional information or documentary evidence such as medical professional report(s) or otherwise, if provided by the applicant. The deciding officer has regard to the professional opinion of a departmental Medical Assessor in the decision process in all cases.
The DCA application form is available to download online at gov.ie (Domiciliary Care Allowance Application Form (Dom Care 1)) or can be requested at any Intreo Centre, Social Welfare Branch Office or Citizens Information Centre.
A parent/guardian who is providing full-time care to a disabled child under 16 may be entitled to other related support(s) from my Department as follows, subject to satisfying the relevant qualifying criteria.
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 an adult or a qualifying child who needs support due to age, physical or learning disability or illness. In order to be eligible for CA in respect of a child aged under 16, the parent /guardian must be in receipt of DCA in respect of the relevant child.
Carer's Benefit (CARB) is a short-term PRSI-based payment which is payable for up to 104 weeks/2 years to a carer who leaves employment or reduces their hours of employment in order to care for a person including a disabled child who is in need of full-time care.
The associated Carer's Support Grant is an annual payment which is automatically paid with DCA, CA and CARB.
I hope this clarifies the position for the Deputy.
Social Welfare Benefits
Questions (235)
Bernard Durkan
Question:235. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate the status of an application for disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [2315/24]
View answerWritten 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 30 November 2023. The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
As their initial application did not contain all the information required to make a decision on entitlement, an information request letter was sent to the person concerned on 11 December 2023 to supply this supporting documentation.
I confirm that you sent in documentations on behalf of the person concerned on 20 December 2023. As the person concerned did not supply all the required information that was requested on 11 December 2023, it was necessary for the Deciding Officer to send a further information request on 20 December 2023, requesting the outstanding information.
I can confirm documentation was received from the person concerned on 29 December 2023.
A further request for information was sent to the person concerned on 10 January 2024 to provide all the information requested in correspondence issued on 20 December 2023, in order to determine their eligibility for DA.
The requested information of 20 December 2023 is in relation to bank accounts held by the person.
The information request letter allows the person concerned 21 days to provide the required information.
On receipt of requested information, a decision can be made and they will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
State Pensions
Questions (236)
Bernard Durkan
Question:236. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate in the case of persons (details supplied) the current position in respect of the family's most recent application for a State pension; and if she will make a statement on the matter. [2317/24]
View answerWritten answers
State pension non-contributory is a means-tested payment for people aged 66 and over, legally and habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record.
A state pension non-contributory application was received from the person concerned on 31 October 2023. Following an investigation by a Social Welfare Inspector, a Deciding Officer disallowed the application as the person concerned failed to fully disclose their means by not providing all the requested information to determine their eligibility. On 4 January 2024, the person was notified in writing of this decision, and of their right to request a review of the decision or to appeal the decision to the independent Social Welfare Appeals Office.
Following the receipt of a letter from the person concerned on 11 January 2024, the Deciding Officer replied in writing, again explaining the reason for their decision and requesting the person to provide the necessary information and documentation in order for their application for state pension non-contributory to be reviewed.
I trust this clarifies the matter for the Deputy.
Social Welfare Benefits
Questions (237)
Bernard Durkan
Question:237. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate in the case of a person (details supplied), the reason for the refusal of the application for continuation of disability allowance; if the case can be urgently reviewed; and if she will make a statement on the matter. [2318/24]
View answerWritten 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.
My Department periodically reviews DA claims to ensure there is continued entitlement to the payment. A medical review of the person concerned was instigated.
Based on the evidence submitted, it was found the person concerned was deemed not to be substantially restricted in seeking suitable employment, by reason of a specified disability, which is expected to last for a period of at least one year. The result of this was a decision to disallow the DA claim.
The person concerned was notified of this decision in writing on 18 April 2023 and afforded the right of review and/or appeal. To date, no correspondence requesting a review or an appeal has been received from the person concerned.
If they wish to submit further medical evidence, my Department will undertake a review of this decision.
I trust this clarifies the matter for the Deputy.
Work Permits
Questions (238)
Pauline Tully
Question:238. Deputy Pauline Tully asked the Minister for Justice if she will consider issuing a temporary travel document to Sudanese citizens here on a work permit who are currently unable to renew their passports due to the ongoing conflict in Sudan. [2104/24]
View answerWritten answers
I understand that this is a difficult situation for our Sudanese community and their loved ones.
To apply for an Irish Travel Document an applicant must have one of the following permissions:
• Refugee under the International Protection Act 2015 (Refugee Document).
• Programme Refugee under Section 59 of the International Protection Act 2015.
• Subsidiary Protection under the International Protection Act 2015. A Travel Document will only issue where a person is unable to obtain a national passport.
• Persons who are family members of refugees granted Family Reunification, under the International Protection Act, by the Family Reunification Unit. A Travel Document will only issue where a person is unable to obtain a national passport.
Further information on travel documents can be found at the following link:
www.irishimmigration.ie/coming-to-join-family-in-ireland/applying-for-a-travel-document/.
Regrettably my Department is not in a position to provide assistance with obtaining new or replacement Sudanese national passports. While I appreciate there may be difficulties in obtaining a new passport the issuance of same is a matter for the Sudanese authorities and the individual seeking the passport.
Naturalisation Applications
Questions (239)
Eoin Ó Broin
Question:239. Deputy Eoin Ó Broin asked the Minister for Justice to provide a further timeframe regarding the processing of a naturalisation application for a person (details supplied). [2111/24]
View answerWritten answers
The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
Sentencing Policy
Questions (240)
Alan Farrell
Question:240. Deputy Alan Farrell asked the Minister for Justice the status of her Department’s review of enactments providing for the imposition of minimum mandatory sentences, in accordance with section 29 of the Judicial Council Act 2019; and if she will make a statement on the matter. [2125/24]
View answerWritten answers
As the Deputy will be aware, a review of minimum sentences under section 29 of the Judicial Council Act 2019 was commenced by my Department in December 2021. I am pleased to say that the review is almost complete and I hope to be in a position to provide it to the Oireachtas shortly.
Aviation Industry
Questions (241, 242, 243)
Jim O'Callaghan
Question:241. Deputy Jim O'Callaghan asked the Minister for Justice the fine that is imposed on an airline that carries a passenger whose travel documentation is not in order when they arrive in Ireland. [2133/24]
View answerJim O'Callaghan
Question:242. Deputy Jim O'Callaghan asked the Minister for Justice to list the airlines that have had carrier liability fines imposed on them in 2023; and the amount of those fines. [2134/24]
View answerJim O'Callaghan
Question:243. Deputy Jim O'Callaghan asked the Minister for Justice whether airlines can be required to provide to the Garda national immigration bureau evidence of the travel documentation relied on by passengers when embarking an airline bound for Ireland. [2135/24]
View answerWritten answers
I propose to take Questions Nos. 241, 242 and 243 together.
Section 2(1) of the Immigration Act 2003 places obligations on carriers to ensure that passengers travelling to the State are in possession of a valid travel document that establishes the person’s identity and nationality, and that they have the appropriate visa if required.
The Garda National Immigration Bureau (GNIB) have responsibility for issuing Carrier Liability, notices and warnings and for the imposition of Carrier Liability Fines on carriers who permit a non-national to travel with their airline or ferry without the necessary entry or transit visa.
In 2022, the GNIB issued 958 carrier liability fines. To end November 2023, GNIB issued 918 Career Liability fines. Each fine is €1,500, rising to €3,000 for each offence if it not paid in 28 days. The question of the appropriate level of fines is kept under ongoing review.
The list of airlines that receive fines are not available for operational reasons.
I can advise the Deputy that Section 2(3) of the Immigration Act 2003 states that Immigration Officers may request from carriers a list of all persons on board a particular vehicle and of the details relating to their nationality and identity.
In parallel, and in support of these obligations, Immigration Officials are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.
The Border Management Unit and the GNIB are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
2023 has seen a reduction of one third in the number of persons arriving at Dublin Airport without the correct documentation.
The amount in receipt is outlined:
|
Year |
Amount for year |
|
2022 |
€1,102,500 |
|
2023* |
€1,476,000 |
*to end November 2023.