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Wednesday, 13 Feb 2013

Written Answers Nos. 129-136

Labour Court Recommendations

Ceisteanna (129)

Willie O'Dea

Ceist:

129. Deputy Willie O'Dea asked the Minister for Social Protection the steps she has taken to uphold the July 2008 Labour decision with regard to pensions for community employment scheme supervisors should be adequately funded by FÁS as the recognised funding agency; the timeline for the implementation of the decision in relation to the implementation of the courts order; the funding levels involved; and if she will make a statement on the matter. [7681/13]

Amharc ar fhreagra

Freagraí scríofa

The Labour Court recommended in July 2008 that an agreed pension scheme should be introduced for community employment (CE) scheme supervisors and assistant supervisors, and that such a scheme should be adequately funded by FÁS. This matter has been the subject of discussions between this Department, the Department of Public Expenditure and Reform and the unions representing CE supervisors. Implementation of the claim is not considered sustainable in light of the current and on-going fiscal environment and the requirement to contain and reduce public expenditure. The costs of the introduction of such a scheme are likely to be of the order of €3m per annum with retrospective costs of the order of at least €30m.

The Deputy should also note that FÁS and subsequently this Department is not the employer of CE supervisors and such employees are not public servants. Neither was FÁS a party to the Labour Court dispute on this matter. The responsibilities of the sponsoring organisations and the individuals concerned must be recognised when considering such pension provision arrangements.

State Pension (Contributory) Eligibility

Ceisteanna (130)

Simon Harris

Ceist:

130. Deputy Simon Harris asked the Minister for Social Protection if she will confirm that the State pension transition at age 65 years is being abolished with effect from 1 January 2014; if she will outline her plans to provide for persons facing compulsory retirement at age 65 years after that date, in view of the fact that the State pension will not be paid until persons reach the age of 66 years; the criteria for her plans; and if she will make a statement on the matter. [7682/13]

Amharc ar fhreagra

Freagraí scríofa

The State pension (transition) (SPT) is paid for a maximum of 12 months and is available to people who retire from work on reaching age 65 provided they satisfy the necessary PRSI contributions.

The Social Welfare and Pensions Act 2011 provides for changes to State pension provision. SPT will cease to be paid from 2014 which will standardise the payment of pension at age 66. In addition, the age at which State pension (contributory) (SPC) will be payable will increase to 67 years from 2012 and to 68 years from 2028.

The abolition of SPT removes the retirement condition which acts as an incentive to leave the workforce and has been widely criticised as a barrier to older people remaining in employment. There is no retirement condition attached to the SPC.

In December 2012, there were just under 14,400 SPT recipients and 312,300 recipients of SPC. Only 1,700 people, or 12% in all, were awarded SPT directly from employment while almost half were already in receipt of another social welfare payment.

Currently, a person who retires from work on reaching age 65 and who does not have sufficient PRSI contributions to qualify for SPT may apply for another social welfare payment, depending on their individual circumstances. With regard to employment, arrangements for retirement from work are usually the subject of contractual arrangements between the employer and the employee and, as such, are outside my remit.

The State pension is the bedrock of the Irish pension system. These reforms are essential to ensure its sustainability and to address the challenges of changing demographics such as increasing life expectancy. There are no plans to change the date of implementation.

Question No. 131 withdrawn.

Social Welfare Appeals Delays

Ceisteanna (132)

Pearse Doherty

Ceist:

132. Deputy Pearse Doherty asked the Minister for Social Protection her views on whether any progress has been made in reducing the processing times for social welfare appeals; the current processing time for appeals; her views on whether it is appropriate that applicants are currently waiting up to eight months for a decision with the appeals office in view of the fact that they are also waiting a considerable time from the initial date of their application; and if she will make a statement on the matter. [7686/13]

Amharc ar fhreagra

Freagraí scríofa

There was a rapid and sustained increase in the number of appeals from 2009 to date which has placed extraordinary pressure on the SWAO. Significant resources and efforts have been put into reducing backlogs and improving processing times for appellants, including the assignment of 15 additional Appeals Officers, improving business processes and implementing a new operating model.

There has been significant increase in the number of appeals finalised from 17,787 in 2009 to 32,558 in 2012. Processing times have been reduced by 10.3 weeks overall in 2012 with respect to 2011, with time for an oral hearing time down by 13 weeks and the time for summary decision up by 2.7 weeks. Of course, further improvement is needed. In that regard, the Chief Appeals Officer expects to finalise 6,000 more cases in 2013 than in 2012; there is a major programme of process redesign and modernisation currently underway in relation to many scheme areas which will reduce backlogs and will also reduce the time taken for the Department to respond to requests from the SWAO for submissions in relation to appeals; it is planned to recruit additional Medical Assessors in 2013 which will assist in reducing the time taken for appeals where a medical assessment is required. All these measures together will reduce the waiting time for appellants.

Departmental Offices

Ceisteanna (133)

Thomas P. Broughan

Ceist:

133. Deputy Thomas P. Broughan asked the Minister for Social Protection her plans to redevelop the social protection office, Kilbarrack, Dublin 5; and if she will make a statement on the matter. [7688/13]

Amharc ar fhreagra

Freagraí scríofa

Kilbarrack local office is one of a number of the Department’s offices that are currently being surveyed with a view to introducing the Intreo model of service delivery in the future. In the meantime, work is underway to introduce a greater range of services at the office, including the Public Service Card registration.

Question No. 134 answered with Question No. 115.

Community Employment Schemes Eligibility

Ceisteanna (135)

Dara Calleary

Ceist:

135. Deputy Dara Calleary asked the Minister for Social Protection to explain if Garda clearance is needed for all new recruits to community employment schemes or just for those working in certain sectors; if clearance is required for existing participants on all schemes; and if she will make a statement on the matter. [7707/13]

Amharc ar fhreagra

Freagraí scríofa

Garda vetting only applies to Employment Programme applicants including Community Employment who may come into contact with children and/or vulnerable adults while working on a scheme. The definition of a “child” is a person under the age of 18 years, as per the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.

The Act’s definition of a “vulnerable person” means a person, other than a child, who - (a ) is suffering from a disorder of the mind, whether as a result of mental illness or dementia, (b ) has an intellectual disability, (c ) is suffering from a physical impairment, whether as a result of injury, illness or age, or (d ) has a physical disability, which is of such a nature or degree— (i) as to restrict the capacity of the person to guard himself or herself against harm by another person, or (ii) that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.

The types of occupations covered include those working directly with vulnerable people such as childcare, care of the elderly or for people with disabilities and indirectly, where access is possible through the place of work, for example caretaking in community halls, sports coaching, bus driving, grounds-keeping etc. Garda vetting, once complete is deemed relevant for: the programme/project originally applied for; and the duration of participation on the programme/project or for three years, whichever is the shorter. If an existing Garda-vetted participant has reached three years continuous participation, they will be subject to Garda vetting again.

Pension Provisions

Ceisteanna (136)

Seán Fleming

Ceist:

136. Deputy Sean Fleming asked the Minister for Social Protection further to Parliamentary Question No. 437 of 29 January 2013, when the community employment programme which was transferred to her Department in October 2010 from FÁS and the provision in the FÁS accounts of €3.75 million for supervisor pensions was reversed, while accepting no cash was transacted up to that point, the reason it was decided that no amount would be included in or be provided for in the expenditure for her Department to deal with this matter; and if she will make a statement on the matter. [7716/13]

Amharc ar fhreagra

Freagraí scríofa

The Departments of Finance and Public Expenditure and Reform have informed FÁS and subsequently this Department that any provision for pensions for Community Employment (CE) supervisors would have to be financed from the existing financial resource allocation. Additional funding will not be available to cover this item. That has left the Department in the position that it would have to cut CE participant numbers substantially to fund the CE supervisor pensions, which is not a viable option. As previously stated, the Department works on a cash accounting basis, so no provision has been made in the current CE budget for supervisor pensions since the transfer of responsibilities.

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