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Social Welfare Code.

Dáil Éireann Debate, Wednesday - 25 June 2008

Wednesday, 25 June 2008

Ceisteanna (49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66)

Paul Connaughton

Ceist:

96 Deputy Paul Connaughton asked the Minister for Social and Family Affairs the position regarding proposals for supporting lone parents; when they will go to the Cabinet committee on social inclusion; and if she will make a statement on the matter. [24758/08]

Amharc ar fhreagra

Mary Upton

Ceist:

102 Deputy Mary Upton asked the Minister for Social and Family Affairs if she will publish the findings of the pilot studies in Kilkenny and Coolock relating to reforms of the social welfare code as it relates to lone parents; and when she expects to act on these findings. [24790/08]

Amharc ar fhreagra

Paul Kehoe

Ceist:

124 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the outcome of the pilot study carried out in Kilkenny and Finglas relating to lone parents; when the outcome of same will be published; and if she will make a statement on the matter. [24741/08]

Amharc ar fhreagra

Pat Rabbitte

Ceist:

125 Deputy Pat Rabbitte asked the Minister for Social and Family Affairs when she will abolish the cohabitation rule in respect of the one-parent family payment. [24798/08]

Amharc ar fhreagra

Mary Upton

Ceist:

136 Deputy Mary Upton asked the Minister for Social and Family Affairs if her Department will publish proposals revising those in its discussion document proposals for supporting lone parents in order that all poverty traps are eliminated. [24791/08]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 96, 102, 124, 125 and 136 together.

The Government discussion paper, Proposals for Supporting Lone Parents, put forward proposals to tackle obstacles to employment for lone parents and other low income families. Under the proposals, the lone parenthood category would no longer exist. Instead, a new payment would be made to all parents, living alone or with a partner, with young children, on low income. The proposed payment would remove the current disincentive for lone parents to form stable relationships and facilitates a more neutral social welfare system with regard to people's choice of life style or living arrangements.

The tests in Coolock and Kilkenny were carried out to facilitate the development of the policy and operational details of the new scheme. They have highlighted how lone parents are not a homogenous group, are of different ages, have experienced different routes into lone parenthood and have different needs. The experience of this engagement process is feeding into the development of our approach to working with lone parents and qualified adults to support them into education, training and employment. Work is also ongoing in addressing possible poverty traps in the new income support scheme. These elements will form part of the proposals which I hope to bring to the Cabinet Committee on Social Inclusion in the coming months.

Ciaran Lynch

Ceist:

97 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs the actions she has taken to explore the possibility of including in the household benefits package a national waste services waiver scheme. [24795/08]

Amharc ar fhreagra

The setting of waste management charges and the introduction of waivers in respect of waste charges is, as has been stated in this House on many occasions, a matter for each local authority. Local authorities operate under the auspices of the Department of Environment, Heritage and Local Government. The introduction of a national social welfare scheme as part of the household benefits scheme to address the issue would not be feasible given the wide range of charging regimes and cost structures that exist in respect of waste management throughout the State. Charges vary across local authorities and within local authorities where there is more than one provider. In addition, some local authorities and private operators already operate waiver schemes but, again, the qualifying conditions for these schemes also vary. Any system put in place to assist people with waste collection charges would have to take account of the different local arrangements.

My officials have discussed this issue with their counterparts in the Department of Environment, Heritage and Local Government and I understand that said Department does not have any plans at present to introduce a national waiver scheme. Similarly, I have no plans to introduce a waiver scheme through the social welfare system.

Question No. 98 answered with Question No. 80.

Phil Hogan

Ceist:

99 Deputy Phil Hogan asked the Minister for Social and Family Affairs her views on the recent figures compiled by the Society of St. Vincent de Paul showing a dramatic 50% increase in calls for the first five months of 2008 compared to the same period in 2007; the measures her Department has undertaken to address same; and if she will make a statement on the matter. [24750/08]

Amharc ar fhreagra

The Society of St. Vincent de Paul has a proud tradition of supporting and championing the rights of the poorest members of our society. I met with representatives of the Society recently and listened carefully to their concerns about increased demands on their supports and services generally and in the Dublin area, in particular.

At the outset, I would like to draw attention to the fact that persons who are experiencing immediate financial emergencies can avail of the Community Welfare Service which operates the Exceptional and Urgent Needs Payment schemes on behalf of my Department. Improvements in social welfare supports are normally introduced by way of the annual Budget. Following Budget 2008, overall social welfare spending in 2008 is projected to be just under €17 billion. This is an increase of €1.5 billion (or nearly 10%) over 2007. Over the last five Budgets, the lowest social welfare rates have increased by 58% compared to cumulative price increases of 17% in the same period. In 2004, the lowest social welfare rate of payment equated to 24% of gross average industrial earnings. In 2008 this rate will equate to over 30%.

Budget 2008 provided for increases in welfare rates of payment which are ahead of the projected increases in prices for 2008. These included:

An increase in the maximum personal rates of contributory pension of €14, or 6.7%, per week, and

An increase of €12.00 per week, or 6.5%, in the lowest personal rate of payment.

In addition, a wide range of improvements for families with children were also announced. Following Budget 2008, total child income support for a welfare dependant family with one young child will be €87.77 per week or an increase of 7% over 2007.

The level of increases introduced this year clearly demonstrate the Government's determination to fully protect the most vulnerable in our society and to making real progress towards achieving our commitments for pensioners, carers, people with disabilities and all others relying in whole or in part on a welfare payment. I look forward, subject to available resources, to making further progress in this regard in the years ahead and I will take into account the views put forward by the Society and other welfare organizations in this regard.

Billy Timmins

Ceist:

100 Deputy Billy Timmins asked the Minister for Social and Family Affairs when she envisages the completion of the technical review of the entire welfare code to examine its compatibility with the Equal Status Act 2000; and if she will make a statement on the matter. [24765/08]

Amharc ar fhreagra

The purpose of the review of the social welfare code, which is currently being undertaken in the Department, is to examine its compatibility with the Equal Status Act, 2000 (as amended). The review will examine all the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

The review is being undertaken in two phases. Phase 1 involved undertaking a scoping exercise to establish the most appropriate approach and methodology to carrying out the main review, which would be robust and verifiable. The results of Phase 1 then formed the basis of the terms of reference of the main review. A request for tender for Phase 2 of the work, involving the undertaking of the main review, issued in April 2007. Consultants were selected to carry out the work in July 2007, with work commencing in October 2007. The work is expected to be completed by early 2009.

Phil Hogan

Ceist:

101 Deputy Phil Hogan asked the Minister for Social and Family Affairs if progress on reducing poverty has stalled in the past 12 months and a minimally adequate standard of living remains out of reach for many Irish households; and if she will make a statement on the matter. [24751/08]

Amharc ar fhreagra

Caoimhghín Ó Caoláin

Ceist:

126 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs her views on the recent report on household budgets from the Vincentian Partnership which revealed that single female pensioners and single adults living on social welfare or the national minimum wage, have a weekly shortfall in terms of their income and expenditure. [24619/08]

Amharc ar fhreagra

Olwyn Enright

Ceist:

141 Deputy Olwyn Enright asked the Minister for Social and Family Affairs her views on the report by the Vincentian Partnership for Social Justice, Minimum Essential Budgets for Six Households; and if she will make a statement on the matter. [24749/08]

Amharc ar fhreagra

I propose to take Questions Nos. 101, 126 and 141 together.

I welcome the recent research by the Vincentian Partnership which clearly demonstrates the considerable progress made by the Government since the publication of their original research entitled "Minimum Essential Budgets for Six Households" in late 2006. This is one of a number of research modals and, it presents some very useful information and the updated findings will certainly be studied with interest by the Department. The recent update shows significant improvements in the position for most household types. In particular, pensioner couple households and lone parents or couples with younger children have seen their position improve dramatically.

The decisive steps taken by the Government in the last two years on a wide range of fronts have addressed some of the problems and challenges identified in the 2006 report, and in other similar studies. Such actions include the introduction of the early child care supplement, increases in social welfare rates and the National Minimum Wage. Social welfare pensions have increased by €30 per week and basic welfare rates by €32 per week since 2006. These increases have been well in excess of both inflation and wage growth. In addition, child benefit rates have increased by over 10% in the same period while the qualified child allowance has been significantly restructured and enhanced. Other measures have included:

Improvements in the means testing arrangements for a range of schemes such as jobseeker's allowance and disability allowance. These are designed to encourage recipients and their spouse/partners to work, thereby increasing total household income;

Changes in the upper earnings limit for one-parent family payment;

Improvements in the family income supplement focused on larger families.

This Government remains committed to significantly improving the standard of living of welfare dependent and low-income households and to implementing the National Action Plan on Social Inclusion, a key objective of which is the elimination of consistent poverty. We will continue to pursue these policies having regard to available resources.

Question No. 102 answered with Question No. 96.

Ciaran Lynch

Ceist:

103 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs the changes she has sought in respect of accommodation paid for by rent supplement from the review of housing standards regulations being conducted by the Department of the Environment, Heritage and Local Government. [24788/08]

Amharc ar fhreagra

Olivia Mitchell

Ceist:

120 Deputy Olivia Mitchell asked the Minister for Social and Family Affairs the way her Department will keep the rent supplement scheme under review including the rent limits that apply with the schemes; and if she will make a statement on the matter. [24762/08]

Amharc ar fhreagra

Willie Penrose

Ceist:

137 Deputy Willie Penrose asked the Minister for Social and Family Affairs if she will commission qualitative research of clients of her Department to establish the issues they face, in particular to ascertain their views on the quality of their accommodation or if their landlords require additional top-ups from the tenant as well as their rent supplement contributions. [24800/08]

Amharc ar fhreagra

I propose to take Questions Nos. 103, 120 and 137 together.

Rent supplement is administered on behalf of the Department by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme. Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable the different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household.

Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes, including people in low wage employment. Under existing arrangements the HSE may, in certain circumstances, exceed the rent limits currently applying. This discretionary power ensures that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness.

Rent limits were last set in January 2007 and a review of these limits is currently being finalised. Any adjustments to rent limits, resulting from this review, will be effective from 1 July 2008. Rent supplement is calculated to ensure that a person, after payment of rent, has an income equal to the basic SWA rate, less a specified minimum contribution, currently set at €13 per week, which recipients are required to pay from their own resources. This minimum contribution has not been increased since January 2004, despite significant increases in basic social welfare payments in the intervening period. The tenant makes the application for rent supplement and the Department's relationship is with the tenant in all cases. Payment is made to the tenant, it is the property of the tenant and is specifically for the benefit of the tenant to assist them with their accommodation needs.

Where a landlord charges a rent in excess of that declared by him/her on the rent supplement application form, the matter should be reported to the relevant community welfare officer who will deal with the individual case. There are existing legislative provisions in place relating to the making of false statements for the purpose of obtaining payments from the Department.

Responsibility for setting and enforcing housing standards rests with the local authorities. The community welfare service of the HSE is not qualified to undertake this work. However, accommodation occupied by rent supplement tenants should at least meet minimum housing standards. Under legislative provisions introduced by the Department in 2006 and 2007, the HSE can decide that a rent supplement may not be payable where it has been notified by a housing authority regarding non-compliance with housing standards. Where a notification of non-compliance with standards is received from a housing authority in respect of an existing tenant, guidelines recommend that a community welfare officer discuss the situation with the tenant and take whatever action is necessary in the best interests of the tenant. The objective is to ensure that substandard accommodation does not come within rent supplementation.

The HSE must be satisfied that accommodation funded under the rent supplement scheme is reasonably suited to the residential and other needs of the claimant. Where the HSE becomes aware of accommodation or blocks of accommodation which appears to it to be sub-standard, it notifies the local authority and it may advise prospective tenants at that premises that rent supplement will not be paid in respect of those tenancies. Details of long-term rent supplement tenancies are provided to local authorities via the Department of the Environment, Heritage and Local Government. Over 30,000 cases have been notified to date and this information sharing assists in enforcing housing standards. In addition, details of rent supplement tenancies are provided to the Private Residential Tenancies Board in order to ensure that tenancies are registered with the Board by landlords. Revenue generated from registration of new tenancies supports the inspection of housing standards.

The Department has no plans to undertake research in the area of rent supplements. However, a review of the Housing (Standards for Rented Houses) Regulations 1993 is being undertaken by the Minister for State at the Department of the Environment, Heritage and Local Government. The Department is feeding into that process as required, and will fully support the implementation of any provisions that impact on the rent supplement scheme. Departmental officials meet with Department of the Environment, Heritage and Local Government on a regular basis to discuss issues of common interest including standards for rented accommodation. The Department is committed to supporting the Department of the Environment, Heritage and Local Government Action Programme which aims to promote further improvement in private rented accommodation standards.

Thomas P. Broughan

Ceist:

104 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if she will issue guidelines to community welfare officers to pay higher rates of rent supplement to single person households in circumstances where the recipient has overnight access to their children; her views on whether such recipients require larger accommodation to facilitate the overnight stays by their children and that this is in the best interest of the children concerned; and if she will make a statement on the matter. [24799/08]

Amharc ar fhreagra

The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the Department by the community welfare division of the Health Service Executive. The purpose of the scheme is to provide short-term income support, in the form of a weekly or monthly payment, to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

The community welfare service must satisfy itself that an applicant for rent supplement has a genuine accommodation need for which he or she cannot provide, that a bona fide tenancy arrangement exists between the applicant and the landlord and that the property being rented is suitable to his or her needs. In determining whether the accommodation is suited to the person's accommodation needs, a community welfare officer must establish the household composition, the size of the accommodation unit and identify any special needs that the person may have. As part of this process, the officer may carry out a visit to the residential premises in question.

A community welfare officer has the flexibility and discretion to make payment of rent supplement in any case where it appears to him that the circumstances of the case so warrant, including cases where both parents have custody of a child but reside apart. Documentary evidence of child custody arrangements is normally required before a decision could be made on entitlement in such circumstances. Every claim for rent supplement is determined having regard to the particular circumstances of the applicant.

Róisín Shortall

Ceist:

105 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the position regarding her Department’s effort to comply with the Finance Act 2008 in respect of the collection of and provision to the Revenue Commissioners of the PPS numbers of landlords receiving rent supplement; if her attention has been drawn to section 473 of the Taxes Consolidation Act 1997, which allows the Revenue Commissioners to seek a landlord’s PPS number as a condition of a tenant claiming tax relief on rent; and the way this is compatible with the stated position of her Department that the Finance Act 2008 presents it with legal difficulties. [24772/08]

Amharc ar fhreagra

Rent Supplement is administered on behalf of the Department by the community welfare division of the Health Service Executive. The purpose of the rent supplement scheme is to provide short-term income support to eligible tenants living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

The Department is committed to effective co-operation with the Revenue Commissioners and in this regard, details of rent supplemented tenancies, for many years, have been supplied to the Revenue Commissioners, in a format agreed with them. The information supplied pursuant to Section 888 of the Taxes Consolidation Act 1997, consists of the full address of the tenancy, the name, address and telephone number of the landlord or agent and a statement of all payments arising from each individual tenancy. The Revenue Commissioners have indicated that they have had significant success in matching landlords of rent supplemented tenancies with their database of clients.

Section 123 of the Finance Act 2007 requires that my Department and/or the HSE request a PPS No. or other tax reference number from the owner of premises in respect of which rent supplement is to be paid. The required data must be supplied to the Revenue Commissioners by my Department or advice to the effect that the landlord has not complied with the request for such information. Section 123 of the Finance Act also requires the Department to request the landlord to furnish to the Department his or her PPS number. The Department is then required to transmit the PPS number to Revenue or to notify them if the landlord fails to provide this information. The Revenue Commissioners have been formally advised that the Department is making the necessary arrangements to collect, record and transmit landlords PPS or tax reference number. The earliest implementation date is estimated to be October 2008. The timescale proposed is acceptable to the Revenue Commissioners who will not be in a position to process 2008 data until October 2009 i.e. when 2008 returns are due from the self employed.

The scheme established by the Social Welfare Consolidated Act 2005 in relation to PPS numbers envisages the number being disclosed only to specified bodies for their public functions and does not envisage the PPS numbers being required to be disclosed to individuals. The Data Protection Commissioner has in the past, objected to the use of PPS numbers by non-public bodies. In the circumstances it would not be appropriate to require the tenant to request the landlords PPS number and for this reason the application form for rent supplement does not provide for collection of the number. Section 473 of the Taxes Consolidation Act covers the relationship between the Revenue Commissioners and a tenant claiming tax relief and would only be relevant if the tenant receiving rent supplement is also claiming tax relief.

Willie Penrose

Ceist:

106 Deputy Willie Penrose asked the Minister for Social and Family Affairs if her attention has been drawn to the substantial extra costs incurred by families with dependent teenagers; and the extent to which costs associated with teenagers are factored into the setting of social welfare rates. [24769/08]

Amharc ar fhreagra

Child benefit is a universal payment, paid in respect of children up to the age of 16 years. It continues to be paid in respect of children up to age 19 who are in full-time education, or who have a physical or mental disability. The policy of the Government over the past number of years has been to substantially increase the amount spent on child benefit for all families. Commitment to this policy is reflected in the significant resources invested in the scheme since 2001, increasing monthly payments to €166.00 for each of the first two children and €203.00 for the third and subsequent children from April 2008.

In recognition of the need to target limited available resources at persons on low incomes with children in full-time education, a number of provisions have been introduced, including the extension of entitlement to an increase for qualified child to age 22 where the parent of a full-time student (including third level) is in receipt of either a long-term social welfare payment, or a short-term social welfare payment for six months or more (short-term schemes include such payments as jobseekers benefit and allowance, illness benefit and supplementary welfare allowance).

The back to school clothing and footwear allowance is paid in respect of children in the most vulnerable families, at €200 for children aged 2 to 11 and at €305 for children aged 12 years and older. In addition, in-work cash payments are provided to low-paid employees with families through the family income supplement scheme. Under this scheme, a qualified child is any child under the age of 18 or aged 18 to 22 if in full-time education. This supplement is paid where a family's weekly income is below a specified income threshold for the family size, and is calculated at 60% of the difference between the net family income (gross pay less tax, PRSI, health contribution, superannuation) and the relevant income threshold.

Jimmy Deenihan

Ceist:

107 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs the position regarding the transfer of the domiciliary care allowance scheme and other disability-related income maintenance schemes to her Department; the measures in place to ensure that the recipients of same scheme are updated on the transfer of the scheme to her Department; and if she will make a statement on the matter. [24760/08]

Amharc ar fhreagra

This transfer arises from a Government decision to reallocate certain functions to the Department from the Health Sector. It involves the transfer of Domiciliary Care Allowance, the associated Respite Care Grant, Blind Welfare Allowance, Infectious Diseases Maintenance Allowance and Mobility Allowance. Legislation contained in the Social Welfare and Pensions Act 2008 provides for the transfer of Domiciliary Care Allowance, Respite Care Grant and Blind Welfare Allowance. This legislation will come into effect in 2009 by commencement order when all other arrangements have been put in place. In the case of Infectious Diseases Maintenance Allowance there are only 15 people currently in receipt of this allowance. It is proposed to transfer these recipients to another more appropriate income support payment at an equivalent rate of payment, and to discontinue the allowance. The transfer of Mobility Allowance will be considered in detail at a later stage.

A detailed project plan is in place and significant progress is being made to ensure that the transfer of these payments runs smoothly as possible and without any disruption in service to recipients of these payments. As part of the transfer programme a communication and consultation strategy has been devised by the Department and the HSE. This strategy commits to ongoing dialogue with all stakeholders associated with the transfer programme.

A primary focus of the communications strategy must necessarily be directed towards service users and recipients of the system. The Department is also acutely aware of the importance of engaging in consultation with representative organisations. In this regard, regular updates are given to the Department's Disability Consultative Forum which is attended by a range of organisations representing people with disabilities. They are quite supportive of the transfer proposal and the approach being taken. The specific communication measures to occur in advance of the transfer include:

Mailshots will be issued both by the HSE and the Department to existing recipients of these payments advising them fully on the transfer arrangements and about details of their individual payments.

Fact sheets outlining the principal features of the transfer will be distributed to a wide range of information providers.

Ongoing consultation with disability and carers representative organisations will occur.

A comprehensive national media campaign will also be put in place to supplement the information programme.

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