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Thursday, 16 May 2024

Written Answers Nos. 181-204

School Transport

Questions (181)

Mattie McGrath

Question:

181. Deputy Mattie McGrath asked the Minister for Education if she will provide an update with respect to a student (details supplied) in County Cork who is receiving school transport under the scheme for children with special educational needs; and if she will make a statement on the matter. [22268/24]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 161,600 children, including over 135,000 pupils travelling on primary and post primary services, 19,800 pupils with special educational needs, and 6,800 pupils who have arrived to Ireland from Ukraine are transported on a daily basis to primary and post-primary schools throughout the country.

The total cost of the scheme in 2023 was €382.02m.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

The National Council for Special Education acts in an advisory role to the Department of Education on the suitability of placements for children with special educational needs. Under the terms of the School Transport Scheme for Children with Special Educational Needs, the Department will consider the report of the Special Education Needs Organiser (SENO). School transport is provided to children with special educational needs who are attending the nearest school to their place of residence that is or can be resourced to meet their educational needs, as identified by the SENO.

The pupil to whom the Deputy refers is eligible for transport under the scheme. Their transport commenced in February 2023. The contractor unfortunately passed away in February 2024. Bus Éireann were subsequently required to tender services in line with procurement guidelines and are responsible for the allocating and vetting of a contractor to operate the service. A new contractor has since been secured for the route and is currently undertaking the vetting process. The families of the pupils will be contacted directly by the local Bus Éireann office when the service is ready to commence.

Both my Department and Bus Éireann are very conscious of the challenges faced by parents awaiting transport for students with special educational needs. Families of children who are eligible for these services may therefore apply for an interim Special Transport Grant, which is a once off payment, paid retrospectively to families once the service has recommenced. The purpose of the grant is to assist with the cost of private transport arrangements the family had put in place while no service is available. The affected families should contact School Transport Section, at school_transport@education.gov.ie, for more information on this grant.

School Funding

Questions (182)

John McGuinness

Question:

182. Deputy John McGuinness asked the Minister for Education if she will review immediately the arrangements for payment of the ancillary services grants and the SSSF secretary grants, as communicated to schools on 26 April 2024, given that what is being proposed will cause serious financial problems for some schools; and if she will make a statement on the matter. [22278/24]

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Written answers

My Department is committed to providing funding to recognised primary and post-primary schools in the free education scheme by way of per capita grants. The two main grants are the Capitation grant to cater for day to day running costs such as heating, lighting, cleaning, insurance and general up-keep, and the Ancillary/SSSF grant to cater for the cost of employing ancillary services staff. Schools have the flexibility to use capitation funding provided for general running costs and ancillary funding provided for caretaking and secretarial services as a common grant from which the Board of Management can allocate according to its own priorities.

As the Deputy may be aware, following the acceptance by Fórsa of the Workplace Relations Commission (WRC) agreement in respect of salaries and various leave entitlements for grant-funded school secretaries, those secretaries who accepted the terms of this agreement were placed on a payroll operated by my Department from September 2023. Therefore, ancillary-related grant funding has been revised to reflect the fact that schools are no longer paying these salaries directly.

The arrangements for the 2023/24 school year are based on reducing grants by the value of the salary schools paid to grant-funded secretaries prior to their acceptance of the new terms and conditions. Schools provided my Department with these details and this information is now being used to reduce the ancillary-related grant funding.

Ancillary-related grant funding is not reduced for those schools that don’t employ a grant-funded secretary who transferred to a Department payroll operated by my Department.

Correspondence issued to all schools on 20th December 2023 providing details of these arrangements for the period September to December 2023. Further correspondence issued on 26th April 2024 setting out the position for the period January to August 2024.

Schools have been advised that work is ongoing to identify a method of standardising the reduction to the Ancillary and SSSF Grants for the longer term, where school secretaries are being paid via a payroll operated by my Department. Engagement will take place with school management bodies in order to discuss these arrangements to ensure that they are as reasonable and as fair as possible for all schools and further details of these arrangements will be provided to schools as soon as they become available.

School Transport

Questions (183)

Thomas Gould

Question:

183. Deputy Thomas Gould asked the Minister for Education if she is aware that a person (details supplied) has not received the grant for special school transport this year and if she will instruct officials to make the payment.; and if she will make a statement on the matter. [22280/24]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 161,600 children, including over 135,000 pupils travelling on primary and post primary services, 19,800 pupils with special educational needs, and 6,800 pupils who have arrived to Ireland from Ukraine are transported on a daily basis to primary and post-primary schools throughout the country.

The total cost of the scheme in 2023 was €382.02m.

The National Council for Special Education acts in an advisory role to the Department of Education on the suitability of placements for children with special educational needs. Under the terms of the School Transport Scheme for Children with Special Educational Needs, the Department will consider the report of the Special Education Needs Organiser (SENO). School transport is provided to children with special educational needs who are attending the nearest school to their place of residence that is or can be resourced to meet their educational needs, as identified by the SENO. The parent referred to by the Deputy has two children who are eligible for transport under the scheme for children with special educational needs. One child is eligible for transport in the 2024/25 school year and their application is currently being processed by Bus Éireann. A service was sanctioned for the other child during the 2023/24 school year. Bus Éireann has tendered this service in line with procurement guidelines. They have advised that the service is still out for procurement. Once a contractor has been sourced, the service will commence and Bus Éireann will liaise with the family directly. Both the Department and Bus Éireann are very conscious of the challenges faced by parents awaiting transport for students with special educational needs. Families of children who are eligible for these services may therefore avail of the interim Special Transport Grant. This can be paid out during the school year to assist with the cost of private transport arrangements the family have put in place until services are finalised.

The periods of payment for the interim grant are aligned with the grant payment schedule for the Special Transport Grant. The parent of the child whose service was sanctioned during the 2023/24 school year received payment from School Transport Section for the first period, September to October 2023. The claim was processed following the submission of a completed Statement of Attendance form for that period.

School Transport Section has not received a further statements of attendance to cover the second payment period, November to the end of February inclusive. The family are welcome to contact the section, at school_transport@education.gov.ie, and my officials there will be happy to assist them in the procedure involved in submitting a claim.

Education Schemes

Questions (184)

Paul Donnelly

Question:

184. Deputy Paul Donnelly asked the Minister for Education the way the continuance of the current P-Tech programme in Dublin’s NEIC programme will be supported by the Government now that the pilot programme has ended and the programme has demonstrated its success for the 5 P-Tech schools through internal and external evaluation; and the longer-term plan for the expansion of the P-Tech programme. [22281/24]

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Written answers

In July 2016, the Government launched a major initiative for Dublin’s North East Inner City (NEIC) to oversee the long term, social and economic regeneration of the area. The Mulvey Report entitled “Dublin’s North East Inner City – Creating a Brighter Future” was published in February 2017 and made a number of recommendations. As part of this response, in November 2018 the P-TECH pilot programme was launched within schools in the NEIC.

The P-TECH pilot project is now in operation across five NEIC post-primary schools, with multiple partners supporting the programme. It is an education initiative that combines post-primary school with elements of further education and workplace experience. It requires a three-way partnership between a school, higher/further education institution and industry partner. It includes a structured workplace learning strand with mentoring, worksite visits, speakers, and project days. Whilst the acquisition of relevant IT skills in key areas are included in the course work, the model also seeks to encourage and develop students’ problem solving and creativity and places emphasis on teamwork, collaboration and communication skills. Students involved in the programme work towards the achievement of a “Special Purpose Award”, equivalent to 10 credits at QQI Level 6.

The P-TECH project is still a pilot programme funded by my Department. Just last month the first cohort of P-TECH students graduated with their P-TECH Special Purpose Awards. These students began their P-TECH journey back in 2019 when they were in second year in post-primary. This was a key milestone for these students and for the P-TECH pilot project as a whole.

I am pleased to say that the P-TECH pilot project will continue in the five NEIC post-primary primary schools for the 2024/25 school year.

My Department is committed to supporting a quality and inclusive school system that provides an equal opportunity at success for all children, including those at risk of educational disadvantage. In line with the Programme for Government, the Government is continuing to examine how the model of intervention in the NEIC could be extended to other comparative areas experiencing disadvantage.

School Staff

Questions (185)

Willie O'Dea

Question:

185. Deputy Willie O'Dea asked the Minister for Education if there are plans in place to deal with the lack of cover for primary school teachers who are assaulted on the job by students (details supplied); and if she will make a statement on the matter. [22290/24]

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Written answers

I refer to your recent correspondence to the Minister for Education, Ms. Norma Foley TD, in relation to supports for Teachers and Special Needs Assistants on foot of an assault in the course of their work.

In accordance with Section 14 of the Education Act 1998, it is the duty of the Patron to appoint, where practicable, a Board of Management. The Board of Management is the body of persons or the person appointed by the Patron to manage the school on his/her behalf, including issues surrounding health and safety.

While the Department of Education has statutory functions in the setting of terms and conditions for teachers and Special Needs Assistants, the Department of Education is not the employer.

The Department of Public Expenditure, NDP Delivery and Reform (DPENDR) determines the terms and conditions of Leave Schemes for Public Servants, which includes teachers and SNAs. In this regard, the limits imposed in the Assault Leave Circular for Teachers were agreed with Education Partners in conjunction with DPENDR.

The Leave of Absence following Assault Scheme is contained in the Department’s Circular Letter 0061/2017, for teachers - see: www.gov.ie/en/circular/d81e05e3a99441f6aa9a4a24b00740b5/

and, for SNAs - see: www.gov.ie/en/circular/ae69fc398ca242e0807ca6c1cf5ab3c3/. It provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.

The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period.

Any subsequent absence will be dealt with under the Sick Leave Scheme. When calculating a teacher’s entitlement, any Assault Leave/Leave of Absence following Assault granted in the previous four years from the current absence will be taken into account in determining access to leave under this scheme.

A Leave of Absence following Assault ends on:

• The ceasing of the certification by a duly qualified medical practitioner of the physical injury; or

• the maximum leave limits available under this scheme being exhausted;

• or certification of fitness to return to duties.

A Teacher/SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.

The Employee Assistance Service - see: www.gov.ie/en/service/23acf5-employee-assistance-service/ - which is currently provided by Spectrum.Life, is available as a supportive resource for teachers and SNAs. The freephone confidential helpline is 1800 411 057 and is available 24 hours a day, 365 days a year. Supportive resources may include short term counselling (up to six sessions). If the EAS recommends additional short-term counselling sessions with the teacher or SNA, the Department can facilitate this request.

The Department recognises the importance of wellbeing for our school communities. Wellbeing promotion is a fundamental element of the Department’s overall plan to support schools in providing advice and support to managers to deal with health and wellbeing issues in the workplace.

In response to the identified need for guidance for schools, the DE established a working group to develop guidelines for schools on the prevention and management of behaviour that challenges where such behaviour poses imminent danger of serious physical harm to self or others within the school environment.

The guidelines have been developed in the context of the DES Wellbeing Policy Statement and Framework for Practice (2018, revised 2019), which acknowledges the role of schools in the promotion of wellbeing. They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation. A range of training options will be available to schools once the Guidelines are published, including procured training on understanding behaviours of concern and responding to crisis situations. It is expected the guidelines will be finalised and published before the new academic year; the guidelines apply to all recognised schools.

School Staff

Questions (186)

Willie O'Dea

Question:

186. Deputy Willie O'Dea asked the Minister for Education if there are plans in place to deal with the lack of cover for primary school teachers who are assaulted on the job by students as, at present, there is very limited leave available for teachers who are assaulted on the job and no financial aid to cover the cost of medical expenses incurred by these teachers; and if she will make a statement on the matter. [22290/24]

View answer
Awaiting reply from Department.

Sports Funding

Questions (187)

Claire Kerrane

Question:

187. Deputy Claire Kerrane asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media when an announcement will be made on successful applications under the sports capital grant; and if she will make a statement on the matter. [22168/24]

View answer

Written answers

On Thursday last, 9 May 2024, Minister Martin and I announced over €26 million in equipment-only grants under the latest round of the Sports Capital and Equipment Programme (SCEP). Further allocations, including those for capital works and capital works with an equipment component, will be announced later.

Housing Policy

Questions (188)

Marian Harkin

Question:

188. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage the usual timeframe for an eviction notice to be issued and executed. [22266/24]

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Written answers

The Residential Tenancies Acts 2004-2022 (RTA) regulate tenancies in the residential rental sector covering private renters, cost renters, social renters with Approved Housing Bodies (AHBs), and regulates tenancies and licences in student specific accommodation. The Acts set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system, resolve disputes between landlords and tenants and develop and publish guidelines for good practice by those involved in the rented sector.

During the first 6 months of a tenancy, a landlord may terminate the tenancy by serving a notice of termination (NoT) in compliance with the RTA, without stating a reason for the termination.

In general, after 6 months, a landlord may not serve a NoT except in very clearly defined circumstances. Section 34 of the RTA provides that the landlord must state in the NoT the reason the tenancy is being terminated and the NoT will not be valid unless that reason relates to one or more of the following:

• the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;

• the tenant has failed to comply with the obligation to pay rent under the tenancy;

• the dwelling is no longer suited to the needs of the occupying household;

• the landlord intends to sell the dwelling within 9 months of the termination date;

• the landlord requires the dwelling for own or family member occupation;

• vacant possession is required for substantial refurbishment of the dwelling; and/or

• the landlord intends to change the use of the dwelling.

In addition, all NoTs must be copied to the RTB at the same time as being served to the tenant and will be invalid if not so copied.

Landlords are also required to give varying periods of termination notice depending on the duration of the tenancy.

Duration of a Tenancy Termination Notice Period

Less than 6 months - 90 days

Not less than 6 months but less than one year - 152 days

Not less than 1 year but less than 7 years -180 days

Not less than 7 years but less than 8 years -196 days

Not less than 8 years - 224 days

If a tenant feels that the NoT served is invalid and/or that the landlord has breached their obligations, the tenant can refer a Dispute case to the RTB for resolution. Please see the links below for RTB guidance on how a landlord may terminate a tenancy and how to refer a dispute for resolution:

www.rtb.ie/registration-and-compliance/ending-a-tenancy/how-a-landlord-can-end-a-tenancy

www.rtb.ie/dispute-resolution-services/guide-to-disputes-resolution

Housing Schemes

Questions (189)

Thomas Gould

Question:

189. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of HAP inspections carried out, the number that failed on first, second, third and so on, visit in 2023, by local authority, in tabular form; the action being taken against landlords who are refusing to carry out works; and if he will make a statement on the matter. [22136/24]

View answer

Written answers

The standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, fire safety and the safety of gas, oil and electrical supplies. These Regulations apply to all properties let or available for let. All landlords have a legal obligation to ensure that their rented properties comply with the standards set down in the Regulations. Responsibility for the enforcement of the Regulations in the private rental sector rests with the relevant local authority.

The Housing Assistance Payment (HAP) scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of HAP support being provided in relation to a particular dwelling, if the dwelling was not already inspected within the previous 12 months. Local authorities carry out HAP inspections as part of their overall private rented inspections programme.

Failure to comply with the minimum standards can result in penalties and prosecution. Under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, a housing authority may serve an Improvement Notice or Prohibition Notice, respectively, where a property is found to be non-compliant. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations. In the case of a Prohibition Notice being enforced, a local authority may provide, or continue to provide, HAP in respect of that property for a period of 13 weeks, to enable the household to find an alternative dwelling.

Annual data in respect of the level of inspection and enforcement activity by each local authority is available on my Department's website at the following link: www.gov.ie/en/publication/da3fe-private-housing-market-statistics/#private-rented-inspections

Data in respect of the number of rented dwellings with HAP-supported tenancies that failed on first, second or subsequent inspections is not provided by local authorities to my Department.

The number of rental standards inspections conducted by each local authority in 2023 that related to HAP-supported tenancies are set out in the table below.

Local Authority

Total HAP Inspections 2023

Carlow County Council

30

Cavan County Council

24

Clare County Council

449

Cork City Council

2535

Cork County Council

822

Donegal County Council

715

Dublin City Council

1,986

Dun Laoghaire Rathdown County Council

611

Fingal County Council

792

Galway City Council

308

Galway County Council

1,299

Kerry County Council

459

Kildare County Council

686

Kilkenny County Council

108

Laois County Council

238

Leitrim County Council

76

Limerick City and County Council

888

Longford County Council

113

Louth County Council

528

Mayo County Council

100

Meath County Council

3,669

Monaghan County Council

74

Offaly County Council

333

Roscommon County Council

346

Sligo County Council

344

South Dublin County Council

1,658

Tipperary County Council

608

Waterford City and County Council

520

Westmeath County Council

421

Wexford County Council

375

Wicklow County Council

458

TOTAL

21573

Waterways Issues

Questions (190)

Pa Daly

Question:

190. Deputy Pa Daly asked the Minister for Housing, Local Government and Heritage to examine restoration works at the Abha Bheag-Owveg river and the Feale river near the metal bridge at Kilmaniheen West, Knocknagoshel. [22140/24]

View answer

Written answers

As Minister I have no function in respect of the works in question, which the Deputy has confirmed in follow-up to his question, are a matter for Inland Fisheries Ireland. That body falls under the remit of my colleague the Minister for Environment, Climate and Communications.

Housing Policy

Questions (191)

Patrick Costello

Question:

191. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if he will provide further clarification on the scope, timeline and who is responsible for the development of a national policy on rightsizing; and if he will make a statement on the matter. [22201/24]

View answer

Written answers

Housing for All commits to increasing the housing options available to older people to facilitate ageing in place with dignity and independence, including the development of a policy on rightsizing. The Housing for All policy objective to make more efficient use of existing housing stock includes tasking my Department with the development of a national policy on rightsizing and to explore options to support and incentivise rightsizing on a voluntary basis. Work continues to be advanced in my Department to inform and progress the development of national policy on rightsizing with the objective of bringing forward a draft national policy as soon as possible.

Local Authorities

Questions (192)

Neasa Hourigan

Question:

192. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage if his Department will provide resourcing for local authorities to undertake participatory budgeting programmes in the next local authority mandate; and if he will make a statement on the matter. [22213/24]

View answer

Written answers

There are many existing avenues of engagement between the public and local authorities that influence budgetary decisions, including through SPCs, public consultations on LPT decisions and a range of community engagement structures. As part of the Programme for Government, there is a commitment to incentivise local authorities to bring forward pilot participatory budgeting projects. I welcome consideration of the topic, and am supportive of proposals to further raise the awareness, engagement and understanding of citizens in the local government budgetary process.

Further consideration will be given to this Programme for Government commitment during 2024, bearing in mind the need to balance public participation with the reserved role of the elected members in relation to budgetary matters.

Housing Provision

Questions (193)

John McGuinness

Question:

193. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage if a complaint submitted to him (details supplied) relative to the purchase of 17 houses at Ogenty, Gowran, County Kilkenny, is being processed; and if he will confirm a timeframe for a response. [22241/24]

View answer

Written answers

I understand that the correspondence referred to was forwarded from my office to my colleague Minister Dillon, as Minister of State with responsibility for Local Government and Planning, for direct reply. I can confirm that a reply was issued on 8 May 2024 (under reference number MOSD-00076-2024)

Under section 30 of the Planning and Development Act 2000, as amended (the Act ), I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned and it would be inappropriate for me to comment any further in this regard.

National Parks and Wildlife Service

Questions (194)

Michael Lowry

Question:

194. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage for an update on the timeline for the establishment of the nature advisory council, as recommended in the 2021 strategic review of the National Parks and Wildlife Service; and if he will make a statement on the matter. [22297/24]

View answer

Written answers

The Strategic Action Plan for the Renewal of the National Parks and Wildlife Service 2022-2024, approved by Government in May 2022, stemming from the Review, Reflect, Renew process culminating in the Kearney Report, does not contain an action as referenced in the Question, and in that regard, and I have no plans at this time to establish such a committee.

Wildlife Conservation

Questions (195)

Michael Lowry

Question:

195. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage the way he plans to ensure rural interests such as those of farmers and game clubs are fully included in discussions and consultations regarding future policy on hunting and conservation, including discussions and consultations at ministerial-level meetings; and if he will make a statement on the matter. [22298/24]

View answer

Written answers

My Department is committed to consultation with relevant interested parties in relation to ongoing policy decisions on hunting and conservation. In addition to ongoing communication on a wide range of issues pertaining to the work of the National Parks and Wildlife Service (NPWS), including conservation schemes, there are a number of structures in place to ensure communication in relation to rural interests. Meetings at both Official and Ministerial level occur where possible.

My Department is also currently undertaking a review of wildlife legislation, which includes the laws governing conservation and the hunting of wildlife. As part of this work, my Department has held preliminary discussions with 18 national representative organisations, including farmer groups, hunting groups, and environmental groups. My Department is open to further discussions with these and other national groups as this project develops. The first phase of formal public consultation in relation to the update of legislation will commence soon and this will be open to all interested parties.

Social Welfare Benefits

Questions (196)

Richard Boyd Barrett

Question:

196. Deputy Richard Boyd Barrett asked the Minister for Social Protection if allowances such as domiciliary care allowance can be backdated prior to the date of application, such as in the case of a person (details supplied); and if she will make a statement on the matter. [22176/24]

View answer

Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect 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 the child must be likely to require this level of care for at least 12 consecutive months.

Where an application for DCA is successful, DCA is awarded with effect from the first of the calendar month, following receipt of the application.

However, provision is made in social welfare legislation to allow a backdated payment within certain limits, in specified schemes, including DCA, where good cause for the delayed or late claim is established.

DCA applications may be backdated, in cases where good cause for the delay in making a claim can be shown to the satisfaction of a deciding officer or an appeals officer. This backdating period cannot exceed 6 months, as provided for in social welfare legislation.

In relation to the good cause factor, for the purpose of backdating DCA entitlement, lack of knowledge or awareness of possible entitlement is not considered to be good cause for not making an earlier claim. My Department publishes information widely in relation to all social protection schemes and services, including DCA. Intreo Centres, Social Welfare Branch Offices and Citizens Information Offices are available nationwide, for persons to make enquiries as to their entitlements. People should apply for DCA when they consider that the relevant child may meet the qualifying criteria for DCA.

I can confirm that an application for DCA in respect of their child was received by my Department from the person concerned on 21 September 2022.

Following a successful application, DCA was awarded with effect from 1 April 2022, as per decision dated 17 February 2023. This award included a maximum backdating of 6 months.

The Deciding Officer allowed backdating of payment ( 6 months maximum), as provided for under social welfare legislation, following consideration of the information provided by the applicant relating to the good cause for not making an earlier claim.

The person concerned requested a review in relation to further backdating on their application.

Following a review, in relation to further backdating on their application, a Deciding Officer decided not to revise the effective date of award of 1 April 2022, as per review decision dated 21 April 2023. The applicant had been awarded a backdated payment of 6 months, which is the maximum amount of backdating permitted, as provided for under social welfare legislation, as per earlier decision dated 17 February 2023.

As per Department records, the person concerned did not submit an appeal of the above decision to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (197)

Richard Boyd Barrett

Question:

197. Deputy Richard Boyd Barrett asked the Minister for Social Protection whether she has reviewed the Scottish Government’s benefit uptake campaigns as a model for matching individuals to their benefit entitlements; whether she intends to implement any similar campaigns; and if she will make a statement on the matter. [22177/24]

View answer

Written answers

My Department administers more than 90 separate schemes and services, which affect the lives of almost every person in the State. We are fully committed to ensuring that members of the public are aware of the welfare supports and services available, and to promoting social security as an investment.

My Department actively works to encourage take up of benefits and entitlements by promoting and communicating about the supports and services available, and by working with our stakeholders to remove barriers to accessing these supports. We use a range of methods to help us achieve this objective.

Public information campaigns play an important role, as they do in Scotland. These include paid media, use of social media to promote information organically, as well as engagement and information shared directly with other public bodies.

My Department runs a number of campaigns annually which promote take up of specific benefits.

In 2023, my Department ran a public information campaign specifically for those who have either cared for, or are currently caring for, a family member or loved one on a long-term basis to learn about changes being made to their State Pension Contributory entitlements.

In 2022 we ran a campaign aimed at increasing take up of the Working Family Payment, and this campaign will commence again on 20 May 2024.

Public information campaign to raise awareness of the Fuel Allowance payment scheme also ran in 2023 and targeted those on low incomes, who may qualify for the scheme, and those aged over 70 who might not be aware of their entitlements.

These are some examples of the 13 campaigns in 2022 and 2023 which focused on the promotion of a benefit to encourage those who might be eligible to apply. All advertising campaigns are tailored to ensure the best possible mix of media is used to reach our target audience.

We also seek to use positive and inclusive imagery and tone of voice in our campaigns, to promote the approach to social protection as an investment.

Intreo centres and branch offices also provide face-to-face engagement and signposting of entitlements, and staff answered over 4 million phone calls in 2023 giving information and answering queries from the public.

An example of one of the ways in which we remove barriers to access and promote take up of benefits is demonstrated by our Back to School Clothing and Footwear scheme. The BSCFA is paid automatically to many families and if you are paid automatically, you don't need to apply.

With an annual presence at events like the SeniorTimes Live and the National Ploughing Championship, one-on-one help is available from staff on social welfare entitlements.

Officials from my Department also directly engage with stakeholders, including groups which represent lower paid, older and vulnerable communities.

Our Customer Representative Forum, which meets quarterly, gives us the opportunity to engage with around 30 organisations and NGOs who represent vulnerable communities and older people.

For more than 30 years, my Department has hosted an annual Pre-Budget Forum where the community, voluntary sector, and other stakeholders share their views on the measures that should be included in the upcoming budget.

We also hold a post-Budget briefing to update groups on the key measures announced as part of the social welfare package.

Meanwhile, our annual Social Inclusion Forum brings together a wide variety of representative groups to highlight issues of concern and discusses issues concerning promotion and awareness of schemes and entitlements.

As part of our strategy we continue to monitor and review our approach based on insights and evidence so that we are able to respond to changing circumstances and ensure that people continue to be supported to take up their entitlements

Social Welfare Appeals

Questions (198)

Brendan Howlin

Question:

198. Deputy Brendan Howlin asked the Minister for Social Protection if she will personally intervene to assist in an appeal to her Department for a domiciliary care allowance and carer’s allowance in respect of a person (details supplied) to avoid severe hardship and allow the child to be discharged from hospital and return home; and if she will make a statement on the matter. [22184/24]

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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 an appeal by the person concerned of her Carer’s Benefit claim was registered in that office on 3 April 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 20 April 2024.

The case was referred to an Appeals Officer on the 13th May 2024 and the appeal was allowed on the 14th May.

Following receipt of the appeal decision, Carer’s Benefit has now been awarded. Arrears have issued to the person’s bank account and a decision letter has issued.

As Minister for Social Protection, I am keen to assist families, like this one, who find themselves in very difficult positions when their babies have to remain in hospital after birth. For this reason, just last week, I signed legislation to extend Domiciliary Care Allowance for newborn babies who remain in hospital from 26 weeks to 18 months. This extension will impact children born on or after 1st January 2023 and, therefore, this family will be contacted shortly by my officials to put their Domiciliary Care Allowance back into payment and pay all arrears that are due on foot of the new regulations.

School Meals Programme

Questions (199)

Michael Ring

Question:

199. Deputy Michael Ring asked the Minister for Social Protection if she will increase the funding to a preschool (details supplied) to enable it to provide lunch to children for the full year; and if she will make a statement on the matter. [22189/24]

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Written 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.

Entry to the School Meals Programme had been confined to DEIS (Delivering Equality of Opportunity in Schools) schools in addition to schools identified by the Department of Education as having levels of concentrated disadvantage meaning that their students would benefit from access to the programme.

Prior to the introduction of DEIS in 2005, all schools and organisations that were part of one of a number of Department of Education's initiatives for disadvantaged schools were eligible to participate in the programme. These schools and organisations have continued to remain in the scheme since the introduction of DEIS in 2005, but their level of funding has been capped at the same rate year on year to allow for the concentration of the scheme on DEIS schools. The pre-school referred to by the Deputy is one of these organisations. My Department allocated €4,250 to this pre-school for the 2023-2024 school year.

The Early Years Services Regulations (Child Care Act 1991 (Early Years Services) Regulations 2016) state that Early Learning and Care Services must ensure that all children in attendance receive a nutritious diet that takes account of individual needs and preferences. Under these regulations, Early Learning and Care Services are required to develop a Policy on Healthy Eating. The Tusla Early Years Inspectorate inspects the policy using these regulations and requirements.

I understand that the Department of Children, Equality, Disability, Integration and Youth has undertaken a pilot on the delivery of hot meals and additional nutrition in Early Learning and Care (ELC) and School Age Childcare (SAC) settings, and that the learning from this pilot will be incorporated into future possible actions of the proposed Equal Start funding model that will be announced shortly.

Any further steps regarding the meal programme for pre-schools is a matter for the Department of Children, Equality, Disability, Integration and Youth.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (200)

Pádraig O'Sullivan

Question:

200. Deputy Pádraig O'Sullivan asked the Minister for Social Protection when a decision will be made on an invalidity pension application (details supplied); and if she will make a statement on the matter. [22205/24]

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Written answers

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

The Department received an application for IP from the person concerned on 8 December 2023. Upon examination of his application, the person was refused IP on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 16 February 2024 of this decision, the reasons for it and of his right of review and/or to appeal the decision to the Social Welfare Appeals Office (SWAO).

On 11 March 2024, the person requested a review of the decision and submitted further medical evidence in support of his claim. Following a review of all the information available, it was decided that there were no grounds to amend the earlier decision. He was notified on 25 March 2024 of the outcome of the review and of his right of review and/or to appeal the decision.

The person concerned requested a further review of the decision and submitted additional medical evidence in support of the review. However, on review of all the information to hand, it was again decided that there were no grounds to amend the earlier decision. He was notified on 23 April 2024 of the outcome of this review and of his right of further review and/or to appeal the decision.

This person has appealed the decision to the SWAO. The SWAO will be in direct contact with the person in due course in relation to his appeal.

I trust this clarifies the position for the Deputy.

Tax and Social Welfare Codes

Questions (201)

Pearse Doherty

Question:

201. Deputy Pearse Doherty asked the Minister for Social Protection further to Parliamentary Questions Nos. 469 to 471, inclusive, of 16 April 2024, and the correspondence with Department officials supplied (details supplied), when a response to the questions submitted will be received. [22224/24]

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Written answers

The response with the requested information was issued by correspondence from my Office to the Deputy's office on 15th May. I apologise for the delay in issuing this response.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (202)

Paul McAuliffe

Question:

202. Deputy Paul McAuliffe asked the Minister for Social Protection if a review will be carried out of the social welfare entitlements of a person (details supplied). [22238/24]

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Written answers

The person concerned is currently in receipt of the increase for a qualified adult (IQA) on another person's State Pension Contributory (SPC).

The IQA is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. The means assessment also includes income from the capital value of savings.

As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. In the case of an IQA on SPC, the primary claimant is contacted by my Department to notify them that their continuing entitlement to the means tested IQA payment is being examined.

A questionnaire issued to the primary claimant in September 2023. Following receipt of the completed questionnaire it was determined that the weekly means of the qualified adult were €146.00. This resulted in a reduction in the rate of IQA payable. The person concerned is currently in receipt IQA at the weekly rate of €201.60 .

It is also open to the person concerned to apply for the state pension (non-contributory). This is a means-tested payment with a maximum payment of €266.00 per week, which is over 95% of the maximum rate payable on SPC. I have arranged for an application form to issue.

In order to qualify for the living alone Increase, the person concerned must meet the qualifying criteria and be in receipt of a primary payment. As the person concerned is not in receipt of a primary payment, they are not entitled to the living alone increase.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (203)

John McGuinness

Question:

203. Deputy John McGuinness asked the Minister for Social Protection if an application for carer's allowance submitted in November 2022, which was refused in 2023 and then reconsidered and refused again under review in the name of a person (details supplied), will be approved based on the further information submitted being considered in far greater detail in the appeal process. [22244/24]

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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 there is no record of any appeal by the person concerned having been received by that office. I understand that the Department's carer's allowance section is currently carrying out a review and as soon as this is completed the above named will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (204)

John McGuinness

Question:

204. Deputy John McGuinness asked the Minister for Social Protection if an application for invalidity pension in the name of a person (details supplied) has been fully processed. [22245/24]

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Written answers

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

My Department received an application for IP from the person concerned on 29 August 2023. Based on the information supplied, it was refused on the grounds that the medical conditions for the scheme were not satisfied. Notification of the decision issued to the person on 13 October 2023 along with the reasons why the medical conditions for the scheme were not satisfied. They were also advised of their right to seek a review of the decision or to appeal the decision to the Social Welfare Appeals Office (SWAO) within 21 days.

To date, no request for a review of the decision has been received. The individual involved has not appealed this decision to the SWAO.

I hope this clarifies the position for the Deputy.

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