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Tuesday, 20 Feb 2024

Written Answers Nos. 394-402

Social Welfare Appeals

Questions (394)

Bernard Durkan

Question:

394. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent, if any, to which backlogs exist in the determination of appeals for various payments which have been refused; and if she will make a statement on the matter. [8137/24]

View answer

Written 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.

I have been advised by the Social Welfare Appeals Office that there were 9,508 appeals on hands at the end of 2023 and that 21,875 appeals were finalised in 2023.

The average processing times for all appeals finalised in 2023 was 16 weeks. The average time taken to process appeals which required an oral hearing was 29.2 weeks and the time to process appeals determined on a summary basis was 17.6 weeks.

Significant efforts and resources have been devoted to reforming the appeal process in recent years and 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 the 6th 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. Additional staff were assigned to the office as part of the project to assist with the preparation for and transition to the new IT system and the establishment of new procedures.

I trust this clarifies matters the matter for the Deputy.

State Pensions

Questions (395)

Bernard Durkan

Question:

395. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which she might consider entitlement to the State pension (contributory) in line with the level of necessary contributions in cases where such applicants were refused an entitlement; and if she will make a statement on the matter. [8139/24]

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Written answers

There are a number of payments and pensions paid by my Department to people over State Pension age. One of these is the State Pension (Contributory) or "SPC", qualification for which is based on a number of criteria, including a minimum of 520 qualifying social insurance contributions having been paid. For those who have paid the required contributions, these will be used in the calculation of their entitlements.

As the actuarial value of the State Pension is currently estimated at approximately €380,000, I believe it is reasonable to require people claiming a contributory pension to have made at least 10 years of paid contributions over the term of their working life, before qualifying for a payment.

Where a person reaches State Pension age and does not satisfy the conditions to qualify for SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:

• The means-tested State Pension (Non-Contributory) (SPNC) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the SPC; or

• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC 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 SPC and the current maximum personal rate for those aged 66 or over is €277.30, i.e., the same as the maximum rate of the SPC, with allowances (notably the Living Alone Allowance) payable where applicable.

Where contributors enter insurable employment, either as employees or self-employed, after they have attained the age of 56 and have no entitlement to the SPC or SPNC at State Pension age, then the pension element of the contributions paid by both employed and self-employed contributors may be refunded.

Last year, legislation was enacted to introduce a series of landmark reforms to the State Pension system in response to the recommendations from the Pensions Commission. This set of measures represents the biggest ever structural reform of the Irish State Pension system.

One of the key measures is the introduction of a flexible pension system in Ireland. Under this new system, from January 2024, people will still be able to retire at 66 and draw-down their pension in exactly the same way as they can today. In addition, there will be new flexibility for those reaching State Pension age, so that people may choose to defer their pension, work longer, and receive a higher pension payment, if they wish.

The flexible State Pension system is about providing people with choice. People will decide for themselves what best suits their needs and circumstances. For example, in the case of a person who reaches age 66 and does not have sufficient contributions to qualify for a full pension, they will now have the option to work for longer to build up additional entitlements.

If a person has less than 10 years PRSI reckonable paid contributions, they may be able to use this period of deferral to establish entitlement. A person will also have the option to continue working between age 66 and 70 and receive an actuarially based increase in their weekly payment rate, should they choose to defer their State Pension.

The legislation to give effect to these measures was enacted in December and the scheme came into operation on 1st January 2024. I hope this clarifies the matter for the Deputy.

State Pensions

Questions (396)

Bernard Durkan

Question:

396. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which non-EU residents, working and living here and having paid tax here, cannot now qualify for a State (non-contributory) pension, even though they have worked here, paid their necessary contributions and taxes; and if she will make a statement on the matter. [8141/24]

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Written answers

State Pension (Non-Contributory) is a means-tested payment for people aged 66 and over, who have a legal right of residence and habitually reside in the State, and who do not qualify for State Pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.

The eligibility conditions for State Pension (Non-Contributory) do not require the taking into account of the social insurance record of an applicant, based on any periods of employment they may have held in the state (or in any EU Member State or country with which Ireland has a Bilateral Social Security Agreement).

As the State Pension (Non-Contributory) is a means-tested payment, income received from any pensions, including those from outside the State, will form part of the assessment.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (397)

Bernard Durkan

Question:

397. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which payment of the exceptional needs payments can be expedited to meet emergency situations with a minimum of documentation rather than allow matters to drag on, during which time any such emergencies may have reached a crisis; and if she will make a statement on the matter. [8142/24]

View answer

Written answers

The delivery of crucial and locally based community welfare services to meet the challenges and the needs of citizens across the country is a priority for me and for my Department. The Community Welfare Service (CWS) continues to provide a flexible service to meet the different needs of clients, who may find themselves in a financially difficult or vulnerable situation. It is important that this service is easily accessible and responsive to our client’s needs.

Under the Supplementary Welfare Allowance (SWA) scheme, my Department may make Additional Needs Payments (ANPs) to help meet expenses that an eligible person cannot pay from their weekly income. An ANP is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain Supplements available to assist with ongoing or recurring costs that cannot be met from a person’s own resources, and which are deemed to be necessary. The ANP scheme is demand led and payments are made at the discretion of the Designated Persons (DPs) in the CWS 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.

When considering an application from people in financial difficulty for any payment under the SWA scheme, the DP must consider all of the relevant circumstances when examining a case in determining the most appropriate scheme type and level of assistance required. The DP may ask for a number of supporting documents to ensure the customer receives a level of payment appropriate to their needs. Where an application cannot be finalised promptly, the delay is normally due to the need for additional information or documentation and the time it takes for the information to be provided. Upon receipt of this information, the application is then processed quickly. The CWS is committed to providing a quality service to all citizens, ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.

There it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. CWOs are very experienced and can generally assess when a case is so urgent that it requires an immediate response. They have the facility to issue an immediate cheque payment to clients and approximately 19% of clients who present to CWOs in person each week receive a payment on the day that they attend.

A person can apply for an ANP by completing a SWA1 form which is available in all Intreo Centres and Branch Offices. It can also be requested by calling 0818 60 70 80 and by using this link www.eforms.gov.ie/en/forms/5. A completed application form together with any supporting documentation can be returned directly to my Department where the claim will be processed quickly. Where a person has a verified MyGovID account they can also apply online for an ANP at www.MyWelfare.ie. The provision of the ANP online application allows a person make an application online whilst also providing documentation in support of their claim.

I trust this clarifies the matter.

Social Welfare Eligibility

Questions (398, 402)

Bernard Durkan

Question:

398. Deputy Bernard J. Durkan asked the Minister for Social Protection the degree to which she and her Department continue to monitor the situation in order to identify people who might be in financial difficulty due to them falling short of meeting statutory requirements; and if she will make a statement on the matter. [8143/24]

View answer

Bernard Durkan

Question:

402. Deputy Bernard J. Durkan asked the Minister for Social Protection the degree to which she and her office continue to ensure the making of a basic payment to applicants for social welfare payments while the primary application is being processed in order to alleviate hardship; and if she will make a statement on the matter. [8147/24]

View answer

Written answers

I propose to take Questions Nos. 398 and 402 together.

The supplementary welfare allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as Additional Needs Payments.

The basic supplementary welfare allowance provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes. This assistance is subject to the person having the right to reside and satisfying the Habitual Residence Condition (HRC).

Basic SWA is paid at rates up to €230 per week with increases for adult and child dependents. Currently there are 12,980 recipients of a basic SWA payment.

I wish to assure the Deputy that the SWA scheme is kept under review to ensure that it continues to support those most in need of assistance. Any person who considers they may have an entitlement to Supplementary Welfare Allowance 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.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (399)

Bernard Durkan

Question:

399. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which oral hearings in respect of appeals against disallowance for various payments are up to date; the number of oral hearing appeals that took place in 2023; how this compares with the past five years; and if she will make a statement on the matter. [8144/24]

View answer

Written 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 Social Welfare Appeals Office has advised me that their schedule for oral hearings is currently up to date. Under the governing legislation the decision on whether or not to hold an oral hearing is at the discretion of the Appeals Officer to whom an appeal has been assigned. Oral hearings are held online, by telephone or in-person.

Due to the public health restrictions arising from the Covid-19 pandemic, in-person hearings were suspended from March 2020, were carried out from August to September 2020, suspended again and recommenced in February 2022. Since 2020 Appeals Officers have made greater use of telephone contact and correspondence to gather additional information or seek clarification which might otherwise have been ascertained in the course of an oral hearing. This has reduced the need to conduct oral hearings.

It is not possible to state how many appeal cases may require an oral hearing at any one time. However, for those appeals where it is identified that an oral hearing is required, a hearing can generally be arranged within approximately two weeks. The position in relation to the conducting of oral hearings is kept under review by the Chief Appeals Officer.

The table below shows a breakdown of oral hearings held for the years 2018 to 2023.

Year

Oral Hearings

2023

646

2022

813

2021

1,015

2020

1,648

2019

5,711

2018

5,287

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (400)

Bernard Durkan

Question:

400. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the waiting time for a decision in respect of applications for various social welfare payments has been shortened; and if she will make a statement on the matter. [8145/24]

View answer

Written answers

My Department understands the many pressures faced by customers and always seeks to ensure that claims are handled quickly and efficiently. I am pleased to report that claim processing is up to date, with processing targets met, or exceeded, on average for all the main scheme areas.

Carer's Allowance and Carer's Benefit claims are being processed an average of two weeks quicker than they were compared to a year previously and Child Benefit claims are being processed an average of one week quicker than they were compared to a year previously.

Processing times vary across schemes, depending on the differing qualification criteria. Schemes that require a high level of documentary evidence from the customer, particularly in the case of illness-related schemes, can take longer to process. Similarly, means-tested payments can also require more detailed investigations and interaction with the customer, thereby lengthening the decision-making process.

The table below gives the average weeks to award for all main schemes as of December 2023.

Scheme

Average Weeks to Award

State Pension (Contributory) - Irish

6

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 Basic

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

My Department has introduced a wide range of initiatives aimed at streamlining the processing of claims, supported by modern technology in recent years. Operational processes, procedures and the organisation of work are continually reviewed to ensure that processing capability is maximised.

In addition, the staffing needs of my Department are regularly reviewed, having regard to workloads and the competing demands arising, to ensure that the best use is made of all available resources.

I hope this clarifies the position for the Deputy.

State Pensions

Questions (401)

Bernard Durkan

Question:

401. Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of applications for the State pension (contributory) received in each of the past five years to date; the number granted, refused or pending; and if she will make a statement on the matter. [8146/24]

View answer

Written answers

The information requested by the Deputy is provided in the attached tabular statement.

Table 1: State Pension (Contributory) claims registered, awarded, rejected and pending, by year.

Year

Registered

Awarded

Rejected

Pending at end December

2019

41,551

20,737

16,063

4,883

2020

38,808

17,155

13,742

5,231

2021

42,233

19,258

15,176

4,032

2022

43,633

18,776

12,207

6,942

2023

47,241

21,096

14,866

6,885

Question No. 402 answered with Question No. 398.
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