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Thursday, 7 Mar 2024

Written Answers Nos. 275-284

Social Welfare Benefits

Questions (275, 276)

Éamon Ó Cuív

Question:

275. Deputy Éamon Ó Cuív asked the Minister for Social Protection if there are published national guidelines or SWA policy guidelines in relation to the operation of the supplementary welfare system and, in particular, in relation to additional needs payments and exceptional needs payments; if so, how can they be accessed by public representatives and the public; and if she will make a statement on the matter. [11378/24]

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Éamon Ó Cuív

Question:

276. Deputy Éamon Ó Cuív asked the Minister for Social Protection the maximum percentage payment payable to a person living on jobseekers' allowance who has no savings under the exceptional needs payment supplementary welfare allowance; the reason for the maximum percentage if the applicant cannot borrow money or pay the difference; and if she will make a statement on the matter. [11379/24]

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Written answers

I propose to take Questions Nos. 275 and 276 together.

Under the Supplementary Welfare Allowance scheme, my Department may 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 customer’s own resources, and which are deemed to be necessary.

The payment is 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.

The decision process involves consideration of the need presented and the ability of the person and their household to meet that need.

This entails an assessment, as opposed to a specific means test, of an applicant’s weekly household income, their savings and investments, their outgoings and the type of assistance needed.  Other State supports that may already be available to the person are also considered.

Where it is determined by an officer that the person and their household do not have the ability to meet any of the need presented, then full assistance would be provided to meet the need.

Alternatively, where an officer determines that there is an ability by the person and their household to partially meet the need presented, then partial assistance is provided. 

Guidance issued to the Community Welfare Service on the administration of Additional Needs Payments does not reference maximum percentage payable.  

A general overview of the Supplementary Welfare Allowance scheme is published at www.gov.ie - Supplementary Welfare Allowance, with a separate link to the specific details of the Additional Needs Payments.

I trust this clarifies the matter for the Deputy.

Question No. 276 answered with Question No. 275.

Social Welfare Payments

Questions (277)

Jennifer Murnane O'Connor

Question:

277. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection when a person will receive their pension (details supplied); and if she will make a statement on the matter. [11455/24]

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Written answers

The person concerned is in receipt of the State Pension (non-contributory) at the weekly rate of €243.50 with effect from 14 April 2023.

According to the records of my Department, the person concerned has not applied for the state pension (contributory). I have arranged for an application form to issue.  On receipt of the completed application form, their entitlement will be examined and they will be notified of the outcome.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (278)

Bernard Durkan

Question:

278. Deputy Bernard J. Durkan asked the Minister for Social Protection if the entitlement, if any, to rent a room in any way inhibited the entitlement to widow’s pension in the case of a person (details supplied); and if she will make a statement on the matter. [11479/24]

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Written answers

Widow(er)'s & Surviving Civil Partner's Contributory Pension is a social insurance based payment and is not means tested. 

To qualify for this pension, a person must:

• be a widow, widower or surviving civil partner;

• satisfy certain social insurance conditions; and

• not cohabit with another person as a couple.

The person's application for Widow(er)'s & Surviving Civil Partner's Contributory Pension was initially disallowed because it was deemed she was cohabiting with another person who was registered at her address.  One of the criteria for this pension is that a person cannot cohabit. 

My Department subsequently received confirmation from the person concerned that the person who had been residing with her had moved to a new address, with effect from 28/09/2023.  Consequently, the person concerned was awarded Widow(er)'s & Surviving Civil Partner's Contributory Pension with effect from 29/09/2023. 

A person in receipt of a means tested social welfare payment can rent a room, for up to €14,000 per annum, without their social welfare payment being impacted.  As widow(er)'s & surviving civil partner's contributory pension is not means tested and any income from rent a room is not assessed. 

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (279)

Bernard Durkan

Question:

279. Deputy Bernard J. Durkan asked the Minister for Social Protection whether application for an exceptional needs payment can be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [11485/24]

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Written answers

Under the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income.  This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary.  ANPs are administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.

According to the records of the Department, the person concerned applied for an ANP on 23/10/2023 to assist with the cost of flooring for their new home and was awarded a payment of €945.  A letter issued to the person on 01/11/2023 advising them of the outcome of their application and affording them the option of seeking a review of the Designated Person’s decision.

Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act. 

Following your Parliamentary Question, a review of the decision on the ANP application of the person concerned is now being undertaken.  The person was contacted by the SWA Reviewing Officer on 05/03/2024 and advised that a review of the decision on their ANP application is currently progressing.  It is expected that this review will be completed in the coming days and the person concerned will be notified of the outcome in writing.

I trust this clarifies the matter.

Social Welfare Benefits

Questions (280)

Bernard Durkan

Question:

280. Deputy Bernard J. Durkan asked the Minister for Social Protection whether reconsideration can be given to the application for fuel allowance in the case of a person (details supplied); and if she will make a statement on the matter. [11489/24]

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Written answers

Fuel 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.

My Department received a representation and  fuel allowance application from you on behalf of the person concerned on 21 February 2024.  Based on the information provided to the Department, this fuel application was disallowed as the household currently includes individuals who are not in a qualifying category for Fuel Allowance.  A letter notifying the person concerned of this decision issued on 26 February 2024.

It is open to the person concerned to request a review of the decision.  A household composition form issued to the client on 5 March 2024.  Once the information requested has been returned, a formal review can be carried out on this claim.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (281)

Bernard Durkan

Question:

281. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) can continue in less than full-time or part-time employment along with reduced social welfare payment; and if she will make a statement on the matter. [11493/24]

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Written answers

In Order to qualify for Jobseekers a person must be capable, available and genuinely seeking full time employment.

The Person Concerned applied for Jobseekers following a request to their employer to reduce their working week to two days per week, this request was confirmed by their employer on the UP80 form submitted and signed by their employer.

In response to the question on her application form as to why she had commenced part-time work the person concerned stated that she has arthritis and was going to try two days a week because of this.

The decision to disallow was reached as the Person Concerned does not demonstrate that she is available, capable or looking for full time work.

If the Person Concerned is not satisfied with the decision dated 16th Feb 2024 they may either seek a review of the decision or alternatively appeal through the independent Appeals Office by submitting an appeal application along with any new or extra evidence relevant to her decision.

European Union

Questions (282)

Bernard Durkan

Question:

282. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which he continues to influence the international community and European countries to ensure they play their part in resolving the refugee crisis throughout Europe; and if she will make a statement on the matter. [11506/24]

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Written answers

The Government works closely with all EU Member States in relation to migration matters, which  cut across a number of Government Departments. The challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in a globalised and interdependent world. It is the case that Europe has seen a significant increase in the number of people seeking protection since 2022 against a backdrop of increasing instability and conflicts in different parts of the world.   

In this context, the Deputy may be aware that my Department is currently examining the proposals contained in the EU Asylum and Migration Pact and I will ask the Government to make a decision whether to opt in to the proposals shortly.

The EU Pact, launched by the European Commission in September 2020, sets out the Commission’s comprehensive approach to migration bringing together policy in the areas of migration, asylum, integration and border management, recognising that the overall effectiveness depends on progress on all fronts. This common response also incorporates the EU’s partnerships with third countries to address the root causes of irregular migration, combat migrant smuggling, and support an effective returns policy and well-managed legal migration.

While Ireland has not yet opted-in to most of the Pact measures, with the exception of the European Union Asylum Agency Regulation, other Member States will be bound by them two years after they are adopted. Member States are beginning to prepare their transposing legislation and operational systems for the Pact to go live in 2026. In order for Ireland  to effectively align its law and systems with other Member States, and to implement a more cohesive asylum system as provided for in the Pact, I intend to bring a Memorandum to cabinet concerning an opt in to the Pact in the next few weeks. 

Immigration Policy

Questions (283)

Bríd Smith

Question:

283. Deputy Bríd Smith asked the Minister for Justice if she will consider the plight of persons (details supplied) following the expiration of their visas in April; and if she will make a statement on the matter. [11258/24]

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Written answers

I can advise the Deputy that the Afghan Admission Programme which was designed as a specific response to the situation in Afghanistan closed for applications on the 11th of March 2022.

However, it is important to say that all current immigration avenues remain open for new applications, including visa, employment and family reunification applications.

Afghan nationals are visa required and must have a valid Irish entry visa before they seek to enter the State.

Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.

Any person that wishes to make a visa application must do so online at:

www.visas.inis.gov.ie/avats/OnlineHome.aspx .

In order to work in Ireland a non-EEA National, unless they are exempted, must hold a valid Employment Permit. The Department of Enterprise, Trade and Employment (DETE) administers the Employment Permits system. Full details of the various types of Employment Permits available can be found at the link below:

enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/

Ireland supports the entry of migrants through legal pathways, to facilitate legal migration into the State. These include arrangements for various categories of persons, including; workers and international students.

Details of these legal pathways can be found on the Immigration Service website at the following link:

www.irishimmigration.ie/

An Garda Síochána

Questions (284)

Neasa Hourigan

Question:

284. Deputy Neasa Hourigan asked the Minister for Justice if she will provide an update on when she expects to publish the final evaluation report on the Local Community Safety Partnership Pilots; the timeline for when recommendations identified in the report will be actioned; and if she will make a statement on the matter. [11270/24]

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Written answers

My Department's community safety policy is about people being safe and, importantly, feeling safe in their own community. This whole of government Community Safety Strategy aims to address issues relating to community safety by bringing together the relevant social service providers and the Gardaí to work together with the community in a collaborative manner by focusing on tackling the concerns identified by the local community itself. 

The Local Community Safety Partnerships are provided for in Part 3 of the Policing, Security and Community Safety Act 2024, which was recently approved by the Oireachtas and will be commenced during 2024. The Partnerships will operate at local authority level and they will replace Joint Policing Committees (JPCs). The Partnerships will have a wider membership than JPCs and will include residents, local councillors, community representatives (including representatives of young people, older people, new and minority communities), business and education representatives and a range of public services including the HSE, Tusla, AGS and the local authority.

Pilot partnerships have been running in Longford, Waterford and Dublin's North Inner City, and each has published a local community safety plan, which are available on the respective local authority websites. The plans set out a number of agreed actions to be undertaken by the members of the partnerships to enhance community safety in that area. The independent chairs of the pilot partnerships are overseeing the delivery of those agreed actions.

An independent evaluation has been running since the pilot partnerships commenced, and the report of the evaluation is now being finalised. Findings of the evaluation will be used to inform the national roll-out of Local Community Safety Partnerships.

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