Wednesday, 1 May 2013

Written Answers Nos. 134-142

Social Welfare Appeals Status

Ceisteanna (134)

Pat Deering

Ceist:

134. Deputy Pat Deering asked the Minister for Social Protection when a person (details supplied) in County Carlow will receive an answer to their appeal in relation to the case of their parent. [20572/13]

Freagraí scríofa

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the available evidence, disallowed the appeal of the person concerned by way of summary decision.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence, the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 135 withdrawn.

State Pension (Contributory) Appeals

Ceisteanna (136, 137)

Clare Daly

Ceist:

136. Deputy Clare Daly asked the Minister for Social Protection if she will ensure that the pension of a person (details supplied) is paid from 22 February 2013. [20629/13]

Clare Daly

Ceist:

137. Deputy Clare Daly asked the Minister for Social Protection the reason a person (details supplied) was issued with a letter from the State pension contributory social welfare office on 12 March explaining that a self-employed pension was dependent on payment of PRSI contributions, as outlined in section 110(1) of the Social Welfare Consolidation Act 2005, yet a month later a follow-on letter was received stating that the relevant section was section 23.4 of the Act and as this provision had not been met, the payment would not be made. [20630/13]

Freagraí scríofa

Minister for Social Protection

I propose to take Questions Nos. 136 and 137 together.

An application for a State pension (contributory) was received from the person concerned on 8 January 2013. The application was disallowed as he had an outstanding self-employment PRSI liability for the 2007 tax year. This decision was communicated to him on 12 March 2013.

Both Sections 23(4) and 110(1) of the Social Welfare (Consolidation) Act 2005 are relevant. Section 23(4) provides that income tax and PRSI payable by a self-employed contributor are treated as one aggregate sum. For that reason, it is not possible to separate payments to Revenue between tax and PRSI liabilities or to front-load the discharge of the PRSI element of the overall tax liability. Section 110 (1) provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions for State pension (contributory) unless all outstanding PRSI contributions are paid. Section 110 was amended in the Social Welfare and Pensions (No. 2) Act 2009 to provide that where unpaid self-employment PRSI contributions are paid subsequent to the claimant’s 66th birthday, a State pension (contributory) will only be payable from the date on which the PRSI liability is fully discharged. This amending legislation applies to all State pension (contributory) claims received on or after 1 January 2010.

Revenue has advised the Department that as at 22 April 2013, the income tax/PRSI liability of the person concerned has not been finalised. When he has confirmed that he has paid the outstanding amount to Revenue, his pension claim will be reviewed and he will be notified of the outcome without delay.

Social Welfare Code Reform

Ceisteanna (138)

Clare Daly

Ceist:

138. Deputy Clare Daly asked the Minister for Social Protection if a new social welfare payment can be introduced combining the disability payment with the mobility allowance for those who meet the criteria irrespective of age. [20631/13]

Freagraí scríofa

Minister for Social Protection

I have no plans to introduce a payment along the lines proposed by the Deputy. However, my colleague, the Minister for Health and Children, who has responsibility for the mobility allowance, has established a special Project Group, which is independently chaired, to seek an alternative method to provide for the priority transport needs of people, and I understand that the Group’s findings in relation to future arrangements will be presented to Government next month.

Respite Care Grant Payments

Ceisteanna (139)

Mary Mitchell O'Connor

Ceist:

139. Deputy Mary Mitchell O'Connor asked the Minister for Social Protection if the respite care grant will be reinstated to 2012 levels in budget 2014 in respect of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [20645/13]

Freagraí scríofa

Minister for Social Protection

Expenditure on carers has increased significantly in recent years. In 2013 it is estimated to be €776 million compared with an estimated outturn of €771 million in 2012. The expenditure on carers in 2012 included: €509 million on carer’s allowance; €24 million on carer’s benefit; €135 million on the respite care grant and; €103 million on domiciliary care allowance. Carers also receive a free travel pass at an annual cost of €6 million and carers who reside with the care recipient are eligible for the household benefits package at an annual cost of approximately €30 million. The revised rate of the respite care grant of €1,375 will still be more than what it was in 2006 when the rate was €1,200.

The respite care grant is paid to more than 70,000 people each year, with some 5,000 people in receipt of more than one grant as they care for more than one person. Almost 54,000 people are in receipt of the carer’s allowance and 27,000 in receipt of the domiciliary care allowance. There are also 1,700 in receipt of carer’s benefit. Some 5,000 carers not in receipt of a carer’s payment also receive the grant.

Carers receive significant income supports from my Department, among the highest rates of income support in Europe. A person getting certain qualifying payments and also providing full-time care and attention to another person can keep their main social welfare payment and receive a half-rate carer’s allowance as well. The half-rate carer’s allowance was protected in Budget 2013.

The respite care grant is available to all full-time carers regardless of their means while the income disregard and means test for carers allowance is the most generous in the social welfare system. A couple under 66 with two children, earning a joint annual income of up to €35,400 can qualify for the maximum rate of carer’s allowance while a couple earning €59,300 will still qualify for the minimum rate. Carers are entitled to an extra half-rate carer’s allowance if they care for more than one person and a respite care grant for each care recipient.

I am not in a position to consider increasing the respite care grant at this time.

Question No. 140 withdrawn.

Carer's Allowance Appeals

Ceisteanna (141)

Seán Fleming

Ceist:

141. Deputy Sean Fleming asked the Minister for Social Protection when carer's allowance will be granted in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [20666/13]

Freagraí scríofa

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence partially allowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the Appeals Officer decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Farm Assist Scheme Appeals

Ceisteanna (142)

Seán Fleming

Ceist:

142. Deputy Sean Fleming asked the Minister for Social Protection when a decision will be made on an application for farm assist in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [20687/13]

Freagraí scríofa

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 25th April 2013 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the hearing. The person concerned will be notified of the Appeals Officer decision when the appeal has been determined.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.