Written Answers Nos. 303-322
303. Deputy Brendan Griffin asked the Minister for Social Protection if a decision will be made on an appeal in respect of a carer's allowance (details supplied); and if she will make a statement on the matter. [4741/24]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised me that they have been in touch with the Deputy's office as an appeal for the person concerned has yet to be registered.
Once the appeal has been submitted to the Social Welfare Appeals Office it will be registered and the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal will be sought. This is a statutory requirement of the appeals process.
When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
304. Deputy Claire Kerrane asked the Minister for Social Protection if there are any arrangements in place to provide income support for a person (details supplied) given they are a taxpayer in this country; and if she will make a statement on the matter. [4751/24]
View answerThe person concerned reached pension age on 23 July 2023. The application for State Pension (Contributory) was received on 17 July 2023.
Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). The records of my department show the person concerned has 304 paid full-rate contributions. As the person concerned does not have the minimum 520 full rate paid Irish contributions, they do not qualify for an Irish state pension (contributory) based on their Irish contribution history alone.
An EU Pro Rata pension is payable where a person has worked in Ireland and one or more EU countries. A Bilateral Pro Rata pension is payable where a person has worked in a country with which Ireland has a Bilateral agreement. These pensions are payable where a person does not qualify for a pension based on their Irish contributions alone or who may qualify for a higher rate of pension based on a combination of Irish and Bilateral contributions. Under these regulations, their social insurance record in that country can be combined with their Irish insurance record to satisfy the conditions and give entitlement to a proportional or pro rata pension.
Entitlement to a pro-rata State Pension (Contributory) based on their Irish insurance record and their insurance record in the Netherlands is under investigation. Upon receipt of the insurance record from the Dutch pension authorities, their entitlement will be examined. The person concerned will be notified of the outcome.
Following your representation, my department is now aware that the person concerned worked in the United States of America (USA). The person concerned will be contacted in order to get the necessary information required to examine their entitlement to a Bilateral pension based on their Irish insurance record and their insurance record in the USA.
Where a person aged 66 or over does not satisfy the conditions to qualify for a State Pension (contributory) or qualifies for less than the maximum rate, it is open to them to apply for the State Pension (Non-Contributory) which is a means-tested payment with a maximum payment of 95% of the State pension (contributory). An application form issued to the person concerned in July 2023. To date, a completed application for this payment has not be received.
I hope this clarifies the matter for the Deputy.
305. Deputy Michael Creed asked the Minister for Social Protection the outcome of a review of a disability allowance payment (details supplied). [4773/24]
View answerDisability 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.
An application for DA in respect of the person concerned was received on 22 February 2022 and they were awarded full maximum personal rate with effect from 4 May 2022 in line with the age criteria for DA.
The person concerned made an application for fuel allowance on 14 September 2023. While assessing this application, it was found that there was additional income coming into the household from a pension held by the person concerned which had previously not been declared.
Based on this information, a review of the claim was undertaken. Correspondence issued to the person concerned on 23 January 2024, requesting confirmation of the Irish Life Pension held by them. I can confirm that the requested information was submitted by email on 24 January 2024.
Following a review of the information received, the person concerned was assessed with weekly means of €193.27, entitling then to a reduced personal rate of €44.50 per week with effect from 14 February 2024, with the first payment of their new rate commencing on that date.
The person concerned was notified of the decision via correspondence dated 30 January 2024.
I trust this clarifies the position for the Deputy.
306. Deputy John McGuinness asked the Minister for Social Protection if a carer's allowance will be approved for a person (details supplied). [4774/24]
View answerCarer'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.
I confirm that my Department received an application for CA from the person concerned on 30 March 2023.
It is a condition for the receipt of CA that the person concerned must be providing full-time care and attention, and it is a further condition that the person being cared for must require full-time care and attention.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that either of these conditions was satisfied.
The person concerned was notified on 18 April 2023 of this decision, the reason for it and of their right of review and appeal.
My Department was notified on 23 June 2023 that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). The Department file was sent to the SWAO for determination on 26 June 2023.
On 12 September 2023, the appeal was disallowed by an Appeals Officer of the SWAO.
Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts. In October 2023, the person concerned requested a review of the Appeals Officer's decision. The Department file was returned to the SWAO on 9 October 2023 for re-consideration.
As part of the review of the Appeals Officer's decision, an oral hearing took place in December 2023. At the hearing, the Appeals Officer requested additional medical evidence. Once this has been received, a final decision will be made on the appeal.
I hope this clarifies the position for the Deputy.
307. Deputy Éamon Ó Cuív asked the Minister for Social Protection the sections of the Acts that provide that a person is not regarded as unemployed for jobseeker's benefit purposes, for any day that they are actively engaged in farming; whether it is intended to change this provision on the basis that many people engaged in farming in a small way also engage in full-time employment at the same time (details supplied); and if she will make a statement on the matter. [4777/24]
View answerA person may qualify for Jobseeker's Benefit in respect of any day of unemployment as set out in section 62(1), Chapter 12 of the Social Welfare Consolidation Act 2005 where they meet the conditions of the scheme. A day is not normally treated as a day of unemployment if the person is engaged in an occupation from which they derive any remuneration or profit, which would include being actively engaged in farming.
Section 62(9) of the Act specifically provides for Regulations which provide for the days which are not to be treated as days of unemployment. This sets out the circumstances where it is possible for a person to be engaged in employment on a given day and still satisfy the unemployment condition for that day.
A person may be eligible for Jobseeker's Benefit if the occupation could ordinarily have been followed by the person in addition to their usual employment and outside the ordinary working hours of that employment and the total remuneration or profit from any days of such occupation does not exceed €7,500 on an annual basis, or, €144 on a weekly basis. Or where they have at least 117 employment contributions paid in respect of the period of 3 years immediately preceding that day or in respect of the last 3 complete contribution years immediately preceding that day. This is referred to as subsidiary employment and could include occupations such as small-scale farming where these conditions are met. The relevant Regulation is Article 44 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S.I. 142 of 2007) (as amended). Specifically the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Subsidiary Employment) Regulations 2018 (S.I. No. 651 of 2018) provides for the maximum limits.
If the person is engaged in farming and where they may not have an entitlement to Jobseeker's Benefit or if they exhaust their entitlement, they may qualify for the means-tested Farm Assist scheme subject to satisfying the normal conditions for the payment.
I understand that the Deputy has provided details of a particular case which is being re-examined by the Department in view of the information provided. The Department can then advise of the specific position as regards Jobseeker's Benefit for this person's particular circumstances.
308. Deputy Michael Healy-Rae asked the Minister for Social Protection if a person on farm assist can make paid contributions towards their pension before the age of 66 years; and if she will make a statement on the matter. [4789/24]
View answerThe Farm Assist scheme was introduced in 1999 to provide income support for low income farmers. It replaced the former Smallholders’ Unemployment Assistance payment. In line with the then pre-existing arrangements for Unemployment Assistance (including Smallholders), any income from self-employment was exempt from the Class S social insurance charge applied to self-employed workers, regardless of the level of such income.
This exemption was abolished in 2007. Since 1st January 2007, those persons receiving Farm Assist are liable to pay a self-employed Class S social insurance contribution on their annual self-employed income, provided it is €5,000 or more. Once qualifying conditions are met, these contributions entitle such persons to a number of social insurance benefits, most notably the State Pension (Contributory).
For those earning below €5,000 per annum, the voluntary contribution scheme may be available to them, depending on meeting the qualifying criteria. This scheme gives an opportunity to persons who were, but are no longer, compulsorily insured under the social insurance system, to pay contributions directly to my Department. Voluntary contributions ensure continuity of social insurance for pension purposes during periods where former contributors are no longer insured as employed or self-employed persons, nor are they in receipt of credited employment contributions.
The scheme’s main entry criteria require applicants to apply within 5 years of the end of the contribution year in which they last paid contributions or had credits on their record, and to have at least 520 social insurance contributions paid from either employment or self-employment.
My Department publishes information that is widely available relating to PRSI contributions, social insurance benefits and scheme details. This can be found on gov.ie or on the citizens information website. Persons seeking further information can also visit our network of Intreo centres around the country.
I trust this clarifies the matter for the Deputy.
309. Deputy David Stanton asked the Minister for Social Protection the number of claims lodged with her Department from County Cork households under the humanitarian assistance scheme following the damage caused to households by Storm Babet in October 2023; the number of claims that have been processed to date; the number of these claims allowed; the total amount paid out to date; and if she will make a statement on the matter. [4846/24]
View answerThe Department of Housing, Local Government and Heritage is the lead Department for severe weather emergencies. My Department provides assistance to eligible households in the immediate aftermath of emergency weather events under the Humanitarian Assistance Scheme.
The Humanitarian Assistance Scheme, administered by my Department through the local Community Welfare Service, was activated to assist householders affected by a number of recent weather events across the Country. This scheme remains open to those affected by these weather events to apply for assistance.
The purpose of the Humanitarian Assistance Scheme is to provide income- tested financial support to people whose homes are damaged and who are not able to meet costs for essential needs, household items and, in some instances, structural repair.
The income test for Humanitarian Assistance Scheme is more generous than that which applies in the case of social welfare schemes generally. The basic principle of the income test is that individuals and families with average levels of income will qualify for assistance (including non-Social Welfare recipients).
Statistics are maintained on the number of payments made on the scheme. Since Storm Babet which occurred on 18th October 2023, some 890 payments have been made to members of the public in Co. Cork up to the week ending 27th January 2024, totalling almost €1.77 million.
If any household affected by the flooding in Co. Cork needs to access these supports, they can contact the Community Welfare Service by phoning 0818 60 70 80.
I trust this clarifies the matter for the Deputy.
310. Deputy Bernard J. Durkan asked the Minister for Social Protection when a person (details supplied) can expect a resolution to their application for jobseeker's allowance; and if she will make a statement on the matter. [4856/24]
View answerJobseeker's Allowance (JA) is a means-tested payment for unemployed people who have lost work and are unable to find alternative full-time employment and who meet the qualifying conditions of the scheme.
According to the records of my department, the person has not recently made an application for JA. If the person feels they meet the qualifying conditions for the scheme they can submit an application online at www.MyWelfare.ie. Alternatively the person can apply by making a paper application at the Maynooth Branch Office.
Information about my department’s schemes, including qualifying conditions, is available at www.gov.ie.
I trust this clarifies the matter.
311. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for fuel allowance; and if she will make a statement on the matter. [4860/24]
View answerFuel Allowance is an administrative (non-statutory) scheme and is payable to people who satisfy the conditions of the scheme and who either live alone or only with certain qualified people.
The person concerned must complete a Fuel Allowance application form and submit it to the Department in order to have their eligibility assessed and a formal decision made.
To date, no application for fuel allowance has been received from the person concerned. An application form for fuel allowance issued to the person on 29 January 2024. Alternatively, a person can apply online through their MyGovID account. A deciding officer will then review their entitlement to the allowance.
I trust this clarifies the matter for the Deputy.
312. Deputy Niall Collins asked the Minister for Justice if a matter in relation to a visa application (details supplied) will be expedited; and if she will make a statement on the matter. [4780/24]
View answerI can advise the Deputy that the application referred to was created on the 28/11/2023. Supporting documentation was received in the New Delhi Visa office on the 11/12/2023. The application is currently awaiting comprehensive examination.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
313. Deputy Niall Collins asked the Minister for Justice if a matter in relation to a visa application (details supplied) will be expedited; and if she will make a statement on the matter. [4781/24]
View answerI am happy to inform the Deputy that following full consideration by a Visa Officer the Visa was granted on 30 January 2024.
Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individuals to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry. The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation presented refuse entry to the state or grant a lesser period than three months.
Any non EU/EEA nationals who wish to remain for longer than 90 days must register with their local immigration office and apply for further permission to remain before their initial permission to remain expires. Full details of the Registration process can be found at the link below:
www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/requirements-and-documents-needed/
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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
314. Deputy Patrick Costello asked the Minister for Justice how many inspections of the Dóchas Centre have been carried out since 2019 by the Office of Inspector of Prisons; how many reports have been published; how many have not; the nature of any reports not published; and if she will make a statement on the matter. [4654/24]
View answerThe Inspector of Prisons is a statutory office holder, independent in the performance of his functions, in accordance with the Prisons Act 2007.
Section 31(1) of the Prisons Act 2007 places an obligation on the Inspector of Prisons to carry out regular inspections of prisons in Ireland. Under section 31(2) the Inspector may, and shall if so requested by the Minister for Justice, investigate any matter arising out of the management or operation of a prison and shall submit a report to the Minister on any such investigation.
Since 2019, the Inspector of Prisons has conducted five inspections of the Dochas Centre. The Minister has received four reports, two have been published and two remain unpublished on foot of legal advice. These two unpublished reports are an investigation report, under section 31(2) of the Prisons Act, and an associated supplementary report.
The Minister awaits one report from the Inspector of Prisons.
The two published reports are: COVID-19 Thematic Inspection of Mountjoy Women’s Prison - Dochas Centre , 14-15 September, which was published on 28 April 2022 and Oversight Monitoring Visit During COVID-19 Pandemic - Mountjoy Female Prison (Dóchas Centre), 5 August 2020, which was published on 25 January 2024. Both reports have been laid before the Houses of the Oireachtas and published on gov.ie.
315. Deputy Michael Creed asked the Minister for Justice when an applicant for citizenship naturalisation (details supplied) can expect progress on their application. [4656/24]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
I note that an acknowledgement of the application being received by Citizenship Division issued to the person concerned on 11 January 2024.
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.
316. Deputy Sorca Clarke asked the Minister for Justice how many gardaí in County Longford have successfully completed the CBD2 competency-based driving training 2; and if she will make a statement on the matter. [4681/24]
View answerRegrettably, the information sought by the Deputy is still awaited from the Garda authorities. I will contact the Deputy directly once the information is to hand.
317. Deputy Mairéad Farrell asked the Minister for Justice the reason for the delay with an application by a person (details supplied) for a change of name licence through the domestic residence and permissions unit; and if she will make a statement on the matter. [4750/24]
View answerThe application for a Change of Name Licence from the person referred to by the Deputy continues to be processed.
The Domestic Residence and Permissions Division of my Department are currently awaiting an interdepartmental report that is required for all Change of Name Licence applications. Upon receipt of this interdepartmental report, the Division will be in further contact with the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email 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 email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
318. Deputy Brendan Griffin asked the Minister for Justice if primetime radio hours will be defined differently from primetime television hours for the purposes of advertising, in the context of the Gambling Regulation Bill 2022, as was established as a precedent in the Sale of Alcohol Bill 2022; if he is conscious of possible unintended consequences of the Gambling Regulation Bill 2022 in relation to charity radio bingos; if he will address this issue in tandem with the overall objectives of the Bill; and if she will make a statement on the matter. [4799/24]
View answerThe information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.
319. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) can obtain a visa to stay with their son; and if she will make a statement on the matter. [4855/24]
View answerI can advise the Deputy that the application referred to was created on the 16/11/2023. Supporting documentation was received in the New Delhi Visa office on the 01/12/2023. The application is currently awaiting comprehensive examination.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
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 (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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
320. Deputy Bernard J. Durkan asked the Minister for Justice the current position in relation to an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [4861/24]
View answer321. Deputy Bernard J. Durkan asked the Minister for Justice the current position in relation to an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [4862/24]
View answerI propose to take Questions Nos. 320 and 321 together.
The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
Unfortunately, the applications for Naturalisation of the children of this applicant cannot be located. If more information is provided by the Deputy, the Citizenship would be happy to re-examine the request.
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 also 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.
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.
322. Deputy Cathal Crowe asked the Minister for Justice the breakdown of the Garda fleet in each Garda station (details supplied) in tabular form; and if she will make a statement on the matter. [4905/24]
View answerThe unprecedented allocation of €2.3 billion for 2024 to An Garda Síochána demonstrates the Government's commitment to ensuring An Garda Síochána has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.
I am assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use. I am advised that at the end of December 2023, (the latest date for when figures are available), there were 3,420 vehicles attached to the Garda fleet. This represents an increase of over 3% since the end of December 2022.
The table in the attachment below sets out the number of vehicles assigned to the Garda fleet by district on the 31 December 2023. I am informed that An Garda Síochána do not provide vehicle allocations by Garda Station for security reasons.
The Deputy may also wish to be aware that An Garda Síochána publish information on Garda fleet, including a Divisional/District monthly breakdown, on their website at:
www.garda.ie/en/about-us/our-departments/finance-services/finance-fleet-management.html.
