Éamon Ó Cuív
Question:375. Deputy Éamon Ó Cuív asked the Minister for Social Protection the number of invalidity pension appeals awaiting a decision for eight months or more; and if she will make a statement on the matter. [3960/24]
View answerSocial Welfare Appeals
Questions (375)
Written answers
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
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. There is active engagement between the Appeals Office and the Department to ensure that the appeals process operates efficiently and that where the Deciding Officer's decision is not revised in favour of the appellant that the appeal file papers are provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer.
I have been advised by the Social Welfare Appeals Office that there are currently 15 Invalidity Pension appeals, registered 8 months ago or more, that are still awaiting a decision.
Significant efforts and resources have been devoted to reforming the appeal process in recent years. Further improvements in appeals processing times are a priority for the Chief Appeals Officer. A significant Appeals Modernisation Project is currently underway the goal of which is to streamline and enhance the end-to-end appeals process for the customer, the Social Welfare Appeals Office and business areas across the Department.
As part of this project a new IT system went live on 6 November 2023. The new system has significantly reduced the time taken to register and acknowledge appeals lodged with the Appeals Office and in time will reduce the overall average processing times.
I trust this clarifies matters the matter for the Deputy.
Social Welfare Benefits
Questions (376)
Joe McHugh
Question:376. Deputy Joe McHugh asked the Minister for Social Protection to clarify the recent Supreme Court decision with regard to unmarried widowers without children; his Department's timescale with regard to implementing this Supreme Court decision; and if she will make a statement on the matter. [4049/24]
View answerWritten answers
Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.
On Monday 22nd January the Supreme Court deliverd its judgment in relation to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.
In simple terms the Court has found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.
My officials and the Office of the Attorney General are now considering the very detailed judgment, including the legislative changes required to respond to this decision. This will be done with all expediency.
I hope this clarifies the matter for the Deputy.
Social Welfare Rates
Questions (377)
Catherine Murphy
Question:377. Deputy Catherine Murphy asked the Minister for Social Protection the last time the back to school clothing and footwear allowance was increased; and the estimated full year cost if this allowance increased by 15%. [4080/24]
View answerWritten answers
The Back to School Clothing and Footwear Allowance scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The scheme operates from June to September each year.
The rates for the Back to School Clothing an Footwear Allowance were increased by €10 in 2022 to €160 for children aged between 4 and 11 years and €285 for children aged 12 and over.
Back to School Clothing an Footwear allowance payments totaling €86.0m issued to 154,014 families in respect of 273,114 qualified children in 2023, which included an additional one-off €100 increase per child in response to the cost of living pressures been faced by households.
The rates of payment for the 2023 scheme are €160 for children aged between 4 and 11 years and €285 for children aged 12 and over.
Assuming the same numbers qualify for the payment in 2024, the estimated full year cost of the Back to School Clothing and Footwear Allowance is estimated to be €67.5m in a full year, if the allowance increased by 15%.
I trust that this clarifies the matter for the Deputy.
Social Welfare Appeals
Questions (378)
Catherine Murphy
Question:378. Deputy Catherine Murphy asked the Minister for Social Protection the number of appeals officers assigned to assessing both applications and appeals, respectively, for disability allowance. [4081/24]
View answerWritten answers
The Social Welfare Appeals Office is the office of my Department responsible for determining appeals against decisions in relation to social protection entitlements. Appeals Officers are independent in their decision-making functions.
The Social Welfare Appeals Office has advised me that there are currently 44 Appeals Officers who are responsible for determining appeals against decisions in relation to social protection entitlements across all schemes.
The assessment of original applications is carried out by Deciding Officers in the Department's Disability Allowance section. The processing of applications for Disability Allowance is a priority of my Department and is monitored on an ongoing basis with particular focus on processing times, to ensure a timely service to applicants. There are 55 full-time equivalent Deciding Officers assigned to assessing new applications, reviews and appeal activity for Disability Allowance.
Finally it is important to note that while a Disability Allowance application is being processed, a person may apply for income support through Supplementary Welfare Allowance and if the Disability Allowance claim is decided in a person's favour after a delay, arrears will issue to the customer dated back to the date their claim was received.
I hope this clarifies the position for the Deputy.
Social Welfare Benefits
Questions (379)
Seán Canney
Question:379. Deputy Seán Canney asked the Minister for Social Protection if she will examine the review process by which carers are having their carers allowance reviewed and the invasive nature of the information being requested; and if she will make a statement on the matter. [4092/24]
View answerWritten 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 full-time care and attention.
For entitlement to exist, these conditions must be satisfied on an on-going basis.
There is an obligation on my Department to ensure that only those who satisfy the conditions receive the payment and the Department must periodically review claims to ensure that there is continued entitlement.
Depending on the circumstances in each case and to make best use of resources, a review may concentrate on a specific condition of entitlement.
Furthermore, a person can at any stage request their own review of their entitlement.
The time taken to conduct a review is dependent on the type of review being carried out and the information available at the time of the request. Some reviews require more detailed investigation and interaction with the customer and this can lengthen the timeframe of the review.
However, at all times every effort is made to complete reviews as quickly as possible.
I hope this clarifies the position for the Deputy.
Social Welfare Payments
Questions (380)
Michael Healy-Rae
Question:380. Deputy Michael Healy-Rae asked the Minister for Social Protection what the current processing times are for all social protection payments in her remit; and if she will make a statement on the matter. [4093/24]
View answerWritten answers
My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.
In general, social welfare schemes which involve medical or caring conditionality take the longest time to process.
To help the Department make timely and fair decisions on applications, applicants should ensure that they complete the application form fully, attach all the supporting documentation required as per the checklist provided on the application form. It is particularly important that they provide, at the outset, all the details they have in relation to the medical conditions and/or care needs of the care recipient and the care they provide to that person.
It is also the case that, in order to register their claim and establish an early entitlement or claim date, many people submit a claim without first securing all of the necessary supporting documentation. While this ensures that people will be paid with arrears from an early "effective" date, it also means that claims take longer to process.
My Department consistently strives to enhance processing times and are continually reviewing processes to deliver optimal customer service.
Details of the current processing times for social welfare payments at the end of December 2023 are set out in the table below.
|
Scheme |
Average Weeks to award |
|
State Pension (Contributory) Irish |
6 |
|
State Pension Contributory EU/International |
2 |
|
Widow (er)'s Contributory Pension |
1 |
|
State Pension (Non-Contributory) |
7 |
|
Jobseeker's Allowance |
1 |
|
Jobseeker's Benefit |
1 |
|
One-Parent Family Payment |
4 |
|
Supplementary Welfare Allowance (BASI) |
1 |
|
Maternity Benefit |
6 |
|
Paternity Benefit |
6 |
|
Parent's Benefit |
1 |
|
Carer's Allowance |
5 |
|
Carer's Benefit |
4 |
|
Disability Allowance |
10 |
|
Invalidity Pension |
11 |
|
Illness Benefit |
1 |
|
Occupational Injury Benefit |
1 |
|
Child Benefit (DOM & FRA) |
1 |
|
Working Family Payment |
7 |
|
Domiciliary Care Allowance |
6 |
|
Household Benefits |
1 |
|
Free Travel |
5 |
|
Treatment Benefit |
0 |
I trust this clarifies the matter for the Deputy.
School Meals Programme
Questions (381)
Ruairí Ó Murchú
Question:381. Deputy Ruairí Ó Murchú asked the Minister for Social Protection the options open to parents of primary school children who are coeliacs to avail of the school meals programme and whose school supplier is not providing gluten-free options; and if she will make a statement on the matter. [4114/24]
View answerWritten answers
The objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement. Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.
Funding under the School Meals Programme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided. These meals must meet the nutritional standards for the school meals programme.
The Nutritional Standards for School Meals were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.
Each school is required to provide a menu choice of at least two different meals per day and where required, provide a vegetarian/vegan option and an option that caters for students’ religious and cultural dietary requirements. The food provided for those with allergies must comply with the Standards. Guidance on allergies such as coeliac disease and gluten intolerance is available from www.Safefood.net/Allergens
Schools are responsible for choosing their own School Meals supplier on the open market in a fair and transparent manner in accordance with Public Procurement rules. Under tender documentation as stipulated by the Schools Procurement’s Unit (www.spu.ie), the menu is to accommodate those with food intolerances and allergies, from lactose-free to vegetarian to gluten-free for example. In addition, the supplier is to check with the school upon award of the contract, the details of such to accommodate those potential customers and the supplier must provide clearly visible menu boards with an allergens list.
The Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant Hazard Analysis & Critical Control Point, Food Safety regulations and the Nutritional Standards for School Meals. It is the responsibility of the school to source a supplier that can meet the dietary requirements of all of their pupils.
I trust this clarifies the matter.
Social Welfare Benefits
Questions (382)
Michael Creed
Question:382. Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will receive child benefit. [4151/24]
View answerWritten answers
Child Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17 if they are in full-time education or full-time training or have a disability and cannot support themselves.
The decision on entitlement for the person concerned has been made. A payment, which included arrears dating back to the start date of the claim, issued to the customer's chosen payment method on 19 January 2024. Monthly payments will be made to the person concerned on the first Tuesday of each month until entitlement ceases.
I trust this clarifies the position for the deputy.
Pension Provisions
Questions (383)
Bernard Durkan
Question:383. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if an entitlement to the widow’s pension can be backdated in the case of a person (details supplied); and if she will make a statement on the matter. [4175/24]
View answerWritten answers
Social welfare legislation provides for backdating of widows, widowers or surviving civil partners pension for 6 months from the date of receipt of the claim. Section 241 of the Social Welfare (Consolidation) Act 2005, as amended, refers.
An application for widow's, widowers and surviving civil partners pension was received from the person concerned on 27 April 2023, following her late spouse's death in November 2021.
It was decided on 8 May 2023 that the person concerned was entitled to a widow's contributory pension at the maximum weekly rate of €265.30, a living alone allowance of €22.00, the fuel allowance of €33.00 and the telephone support allowance of €2.50. The pension was awarded from 11 November 2022.
Backdating of a late claim beyond six months may only be considered in circumstances where the delay in making a claim arose either due to incorrect information provided by an officer of my Department or due to the person being so incapacitated that they were unable to make a claim, or appoint a person to act on their behalf. Lack of knowledge is not a basis for further backdating of pension.
The person concerned appealed the decision of the Deciding Officer to the Social Welfare Appeals Officer. The Appeals Officer upheld the decision of the Deciding Officer and has notified the person concerned directly regarding the outcome of their appeal.
My Department has now written to the person concerned outlining the circumstances where further backdating may be considered. When a response is received from the person concerned, their claim for further backdating will be re-examined and they will be notified of outcome.
I trust the above clarifies the matter for the Deputy
Social Welfare Appeals
Questions (384)
Michael Ring
Question:384. Deputy Michael Ring asked the Minister for Social Protection when a file will be sent from the disability allowance section of her Department to the social welfare appeals office to determine an appeal for a person (details supplied) in County Mayo; and if she will make a statement on the matter. [4176/24]
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 on11 August 2023. Based on the evidence supplied in support of this person’s application, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 10 November 2023 and they were given the right to a review or an appeal.
The person concerned submitted further medical evidence on 23 November 2023 and 15 December 2023, requesting a review of the decision of 10 November 2023.
Following this review, the person concerned was awarded a reduced DA rate, with weekly means of €190.00 assessed. The DA payment was awarded from 16 August 2023. The first payment will be made by their chosen payment method on 31 January 2024. Arrears of payment due from 16 August 2023 to 30 January 2024 will issue as soon as possible, once any necessary adjustment is calculated and applied in respect of any other overlapping welfare payments (if applicable).
The person concerned was notified of this decision in writing on 25 January 2024.
I trust this clarifies the matter for the Deputy.