Written Answers Nos. 547-567
547. Deputy Pat Breen asked the Minister for Social Protection when a decision on a disability allowance appeal will issue in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [36837/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 1 July 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the appeal in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
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.
548. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will indicate the eligibility for invalidity pension in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [36846/13]
Amharc ar fhreagraThe person concerned is currently in receipt of a widow's contributory pension from this Department of €193.50 per week and a fuel allowance of 20.00 per week when applicable.
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. Claimants must have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last complete contribution year before the date of the IP claim. Only Classes A, E or H contributions are reckonable for IP purposes.
Although entitlement can only be fully determined on receipt of a completed application form, the department’s records for the person concerned show insufficient contributions to qualify for an IP. To date no application for IP has been received from the person concerned.
549. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in respect of an appeal for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [36869/13]
Amharc ar fhreagraThe person concerned made applications for domiciliary care allowance (DCA) in respect of two children. The application in respect of one of her children was awarded while the other application was disallowed as the child was found not to be eligible for the allowance. She subsequently lodged an appeal against the decision to disallow DCA and supplied additional information on this child’s condition. As part of the appeal process, the application along with the additional information provided was reviewed by a Medical Assessor who found the child to be eligible for the allowance. The person concerned was notified of the decision to award DCA on 5th September 2013.
The person concerned has lodged an appeal in respect of the date from which DCA was awarded in respect of her first child, seeking to have the payment backdated. This appeal is currently with the Social Welfare Appeals Office for their consideration.
550. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason carer's allowance was refused in the case of a person (details supplied) in County Kildare; if their application will be reviewed with a view to granting payment; and if she will make a statement on the matter. [36871/13]
Amharc ar fhreagraI confirm that the Department received an application for carer’s allowance from the person in question on the 15th May 2013. This application was disallowed on the grounds that full time care and attention was not being provided as required by Social Welfare legislation. The person in question was notified of this decision on the 1st of July 2013 the reasons for it and of her right of review or appeal. The person concerned has appealed this decision. A submission is being prepared and all the relevant papers will be submitted shortly to the Social Welfare Appeals Office (SWAO) for determination. The SWAO will be in touch with the person directly regarding the progress of the appeal.
551. Deputy Joe Higgins asked the Minister for Social Protection if she is considering allowing job seekers to gain experience of workplaces without losing their social welfare payments; and if this is being considered, the conditions that will be in place to guard against job displacement or use of cheap labour. [36903/13]
Amharc ar fhreagra554. Deputy Dara Calleary asked the Minister for Social Protection the options available to a person who has completed a placement on the work placement programme followed by a placement on JobBridge and who has now been 12 months out of the programme; if she will confirm that such persons are entitled to take up empolyment offers on another JobBridge placement; and if she will make a statement on the matter. [36967/13]
Amharc ar fhreagra571. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if it is intended to alter the JobBridge programme to allow interns to avail of more than two internships in different companies if they have not been successfully employed. [37118/13]
Amharc ar fhreagra572. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her plans to relax the condition that a person cannot be employed off a JobBridge internship unless the affirmed position is full-time; and if she will make a statement on the matter. [37119/13]
Amharc ar fhreagraI propose to take Questions Nos. 551, 554, 571 and 572 together.
JobBridge, the National Internship Scheme, allows job seekers to gain experience of workplaces while receiving their social welfare payment and a €50 per week top up payment. JobBridge internships are monitored by the Department at all stages. All host organisations must comply with rigorous criteria and a monthly compliance monitoring process is in place. One-in-four internships in 2013 have received an on-site monitoring visit.
JobBridge placements are not positions of employment. JobBridge interns are currently permitted to undertake a maximum of two internships, up to a cumulative total of 9 months, whether or not they have participated in the Work Placement Programme (WPP). No minimum or maximum period between internships applies to interns. Interns may not be on a placement with a host organisation with which they have a prior working relationship, including a WPP placement.
On foot of a recommendation in the recent independent evaluation of JobBridge, I am considering options to allow interns to avail of more than two internships. Changes to JobBridge criteria are posted on the JobBridge website (www.jobbridge.ie).
Internships must provide a minimum of 30 hours work experience per week for the intern. This condition is linked to the payment of the €50 top-up and is also designed to ensure that internships provide a real working experience to the intern. Interns taking up paid employment either during or on completion of this internships are subject to the same regulations as all the other jobseekers in receipt of a jobseeker's payment.
552. Deputy James Bannon asked the Minister for Social Protection the reason for the delay in processing an appeal for invalidity benefit in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [36928/13]
Amharc ar fhreagraInvalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.
This Department received a claim for invalidity pension for the person concerned on 05 April 2013. The medical evidence provided by the claimant in support of her claim was examined by a medical assessor who was of the opinion that the person concerned is not eligible for invalidity pension as she does not satisfy the medical criteria. The application for invalidity pension was disallowed by a deciding officer. The person in question was notified of this decision and the reason for it on 21 May 2013.
The person concerned appealed the decision to the Social Welfare Appeals Office (SWAO) on 11 June 2013 and submitted further medical evidence in support of their appeal. Regretfully, due to processing error, the referral of this evidence to a medical assessor for evaluation was delayed, this has now been rectified and the medical evidence has been referred for medical assessor opinion. The opinion of the medical assessor is expected shortly and, upon receipt, a deciding officer will review the original decision. If the deciding officer decides to confirm the original decision, all relevant papers will be forwarded without further delay to the independent SWAO for determination. If the deciding officer decides to revise the original decision, the person in question will be notified directly in writing.
553. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of rent supplement payable in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [36966/13]
Amharc ar fhreagraThe person concerned made an application for rent supplement on 17th April 2013. A request for further information was sent to the client on this date also. A decision regarding the application can only be made when the requested information is provided to the Department.
555. Deputy Willie O'Dea asked the Minister for Social Protection if she will consider exempting those persons contacted for recovery of payment for periods over 20 years and under the amount of €1500; if she will consider exempting a person (details supplied); and if she will make a statement on the matter. [36973/13]
Amharc ar fhreagraOverpayments arise in cases where individuals receive social welfare benefit and/or assistance payments to which they are not entitled.
People who have received an overpayment from the Department have a liability under law to refund the overpayment (Section 338 of the Social Welfare (Consolidation) Act, 2005 (as amended) refers). They have received money to which they were not entitled and the Department has a responsibility to ensure that all overpayments are recovered in full.
A debt will remain on a debt holder’s record until it is fully recovered. Currently, my Department does not apply interest or penalties on the amounts owing. Recovery can be pursued up to future pension entitlements and following death, where an estate remains. In this regard, there is an obligation on the personal representative of a deceased person, who was at any time in receipt of a social assistance payment, to ensure that sufficient assets are retained to repay any assistance overpaid.
In the case mentioned, consideration was given to the person’s particular circumstances and weekly deductions from social welfare payments were suspended with effect from 03/09/13. However, there are no plans to exempt the recovery of older, lower value overpayments, as suggested by the Deputy.
556. Deputy Stephen S. Donnelly asked the Minister for Social Protection if she is considering changing the duration after which a person on jobseeker's benefit can participate in a community employment scheme in view of the fact that the duration for which jobseeker's benefit is available has been shortened; and if she will make a statement on the matter. [36975/13]
Amharc ar fhreagraCommunity Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people (defined as 12 months or more on the Live Register) and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a temporary, fixed term basis. CE helps long-term unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills.
It should be noted that persons with 9 months Jobseeker’s Benefit (JB) followed immediately by 3 months on another CE-qualifying payment (e.g. Jobseeker’s Allowance, One Parent Family Payment,) are still eligible to participate on Community Employment, as this combination of payments makes up the 12 month qualifying period. There are no plans to shorten the qualifying period.
In addition to Community Employment, there are a number of training and work experience opportunities available to clients in receipt of JB. JB clients should contact their local DSP Employment Service / Intreo office or the DSP website for further details.
557. Deputy Stephen S. Donnelly asked the Minister for Social Protection if provisions will be put in place for workers retiring in 2014 who will no longer avail of the State pension transition and who will suffer considerable financial difficulty as a result; and if she will make a statement on the matter. [36978/13]
Amharc ar fhreagraIncreasing State pension age and the abolition of the State pension (transition) are steps that have been taken to ensure the sustainability of pensions into the future. The decision to reform State pension was taken in the context of changing demographics and the fact that people are living longer and healthier lives.
The Social Welfare and Pensions Act, 2011 provides that State pension age will be increased gradually to 68 years. This will begin in 2014 with the abolition of the State pension (transition) thereby standardising State pension age for all at 66 years. The State pension age will be further increased to 67 years in 2021 and to 68 years in 2028.
It should be noted that until the 1970s, the standard age for receipt of State pension was 70 years of age. This applied at a time when longevity was much lower and working patterns were more likely to be physically demanding. State pension (transition) was introduced in 1970 when it was known as the retirement pension and was designed to bridge the gap between the standard social welfare pension age, which at that time was 70 years of age, and retirement age. Overtime, the age for State pension contributory was reduced to 66 years.
In December 2012 there were approximately 14,400 State pension (transition) claims in payment. The Deputy may wish to note that a significant number of people coming on to State pension transition in 2012 did not come from work as significant numbers were already on other social welfare schemes well in advance of State pension transition age. For example, 12.5 per cent came from work with over 50% coming from other social welfare schemes such as illness benefit, jobseekers benefit and assistance, invalidity and carers.
In terms of social welfare supports available to those at age 65 who are unable to remain in the workforce, the main social welfare payment available to those who leave employment before pension age is jobseeker’s benefit. Persons who qualify for a jobseeker’s benefit who are aged between 65 and 66 years are generally entitled to receive payment up to the date on which they reach pensionable age (66 years).
The recently published OECD report on the Review of the Irish Pension System confirms that reforms are necessary if we are to continue to put pension provision on a sustainable footing given the changes in demographics, the deficit in the Social Insurance Fund, and the difficult fiscal situation.
558. Deputy Eoghan Murphy asked the Minister for Social Protection if she will provide the following information for each local employment service, the number of staff at year end 2012; the number of mediators positions at year end 2012; the total annual budget for 2012; the total annual progressions as per her Department's MIS for year end 2012; and the total number of job placements as per her Department's MIS for year end 2012. [36981/13]
Amharc ar fhreagraIn 2012 the department contracted for the provision of the local employment service (LES) with 23 local development/community companies, the details of which are set out in the tabular statement hereunder.
These organisations deliver employment services through a network of local contact points and/or outreach services. The LES provide services for both jobseekers who are referred through the department’s activation processes for supports and jobseekers identified as being most distant from the labour market e.g. people who have a disability, ex-offenders, etc. In 2012 there were 293.3 full time equivalent staff employed by these organisations to deliver the service, of whom 152.6 were full time equivalent mediators. At 31st December 2012, apart from having placed 8,314 people into employment, the LES had also progressed some 17,618 jobseekers into training/educational programmes.
The total budget for the LES in 2012 was €19.1m. As the Department may shortly be tendering for providers to augment the capacity of LES, I do not intend to publish figures or the payments made to individual LES contractors at this time.
559. Deputy Michael Healy-Rae asked the Minister for Social Protection regarding the jobs plus scheme that was put into effect on 1 July 2013, if a woman who is receiving a one-parent family payment is offered a job under the jobs plus scheme, the reasons she would be denied eligibility for the JobsPlus scheme (details supplied); and if she will make a statement on the matter. [37009/13]
Amharc ar fhreagra567. Deputy Bernard J. Durkan asked the Minister for Social Protection if her attention has been drawn to the disadvantage short-term job seekers are being placed under due to the JobsPlus scheme incentive for employers being targeted at long-term unemployed only; her plans to facilitate and or accommodate persons who are at such a disadvantage and who are ready and willing to work; and if she will make a statement on the matter. [37095/13]
Amharc ar fhreagraI propose to take Questions Nos. 559 and 567 together.
Pathways to Work, sets out the Government’s policy on labour market activation to address the employment crisis and to get Ireland working again. In line with the Pathways to Work commitments, those long-term on the live register are the focus of interventions across Government Departments and agencies. With JobsPlus, it is intended to replace two previous schemes with a more focused and attractive incentive to employers to employ the longer term unemployed. Therefore, JobsPlus is exclusively targeted at the long-term unemployed. JobsPlus is operating on a pilot basis initially and consideration to broadening eligibility will not arise until the impact of the initiative has been examined. Further information regarding the scheme can be found at www.jobsplus.ie.
560. Deputy Ann Phelan asked the Minister for Social Protection if she will investigate the case of a person (details supplied) in County Carlow who applied in January 2011 for disability allowance; and if she will make a statement on the matter. [37028/13]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 18th September 2012. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.
I am advised that the person concerned requested a review of the Appeals Officers decision in the light of additional evidence received on the 15th of November 2012 but that following review, the Appeals Officer upheld the original decision. As the person concerned has submitted further additional evidence, the Appeals Officer has decided to set aside his original decision and to arrange for the appeal to be considered by way of an oral hearing. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.
In the meantime, I understand that the person concerned has made a new claim for disability allowance which was also refused and has been appealed. I am advised by the Social Welfare Appeals Office that the two appeals in this case will be considered together at the oral hearing.
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 in relation to social welfare entitlements.
561. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an oral hearing will be arranged in respect of a person (details supplied) in County Kildare who never received notification of their original hearing in respect of their application for jobseeker's allowance; and if she will make a statement on the matter. [37064/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an Appeals Officer held an oral hearing in this case on 24th June 2013 but the person concerned failed to attend.
A further oral hearing was arranged by an Appeals Officer for 9th September 2013 but again the person concerned failed to attend. In the circumstances and based on the documentary evidence provided, the Appeals Officer concluded that the Deciding Officer’s decision in this case should stand. The appeal was disallowed.
The person concerned was notified in advance of both oral hearings by post to the address supplied by the Deputy and by the person concerned.
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.
562. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason supplementary welfare has ceased in respect of a person (details supplied) in County Kildare in view of the ongoing appeal in respect of their jobseeker's allowance application; and if she will make a statement on the matter. [37065/13]
Amharc ar fhreagraSupplementary welfare allowance payments were made to the person concerned while he pursued an appeal on the refusal of his jobseekers allowance application. The person concerned failed to attend two oral appeal hearings and his application for supplementary welfare allowance has now been refused. The person concerned can appeal or seek a review of the decision made in relation to his supplementary welfare allowance claim.
563. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in respect of an appeal for invalidity pension in the case of a person (details supplied) in County Kildare; if this case is likely to go for oral hearing; and if she will make a statement on the matter. [37083/13]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s 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 in relation to social welfare entitlements.
564. Deputy Clare Daly asked the Minister for Social Protection the statutory basis upon which her Department can deduct payments from persons who were overpaid a social welfare payment many years after the said overpayment took place. [37090/13]
Amharc ar fhreagraOverpayments arise in cases where individuals receive social welfare benefit and/or assistance payments to which they are not entitled. People who have received an overpayment from the Department have a liability under law to refund the overpayment (Section 338 of the Social Welfare (Consolidation) Act, 2005 (as amended) refers). They have received money to which they were not entitled and the Department has a responsibility to ensure that all overpayments are recovered in full.
A debt will remain on a debt holder’s record until it is fully recovered. Recovery can be pursued up to future pension entitlements and following death, where an estate remains. Currently my Department does not apply interest or penalties on the amounts owing.
My Department administers over 70 schemes. It is a basic requirement that a person completes an application form in order that entitlement to a particular payment can be established. Section 241 (1) of the Social Welfare Consolidation Act 2005 provides that “it shall be a condition of any person’s right to any benefit that s/he makes a claim for that benefit in the prescribed manner”. Therefore, where a person feels they have an entitlement to a particular scheme, there is a requirement that they make an application for that scheme within certain prescribed timeframes.
However, where a person has applied for a scheme and provided my Department with the necessary information and documentation, and that person is subsequently underpaid due to an incorrect calculation of their entitlement, the underpayment may be addressed at any time in the context of a review of the person’s claim.
565. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an appeal for jobseeker's allowance in respect of a person (details supplied) in County Kildare [37092/13]
Amharc ar fhreagraThe appeal of the person concerned has been lodged with the Social Welfare Appeals Office and is currently pending. This application is also being reviewed locally by the Inspector. The person concerned has been contacted by the Inspector and has been asked to supply additional information to assist the review process.
566. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding eligibility for State pension, non-contributory and contributory in respect of a person (details supplied) in County Kildare; if a statement of contributions will be furnished; and if she will make a statement on the matter. [37094/13]
Amharc ar fhreagraIn order to qualify for a State pension (contributory) a person must:
- have entered insurable employment before reaching age 56
- have at least 520 paid contribution weeks since entry into insurance, from employment or self-employment
- have a yearly average of 48 paid and/or credited contributions from 1979 to the end of the last complete tax year preceding their 66th birthday, or
- have a yearly average of at least 10 paid and/or credited contributions recorded from 1953, or from their date of entry into insurable employment (whichever is the later), to the end of the tax year preceding their 66th birthday. A yearly average of at least 48 is required for a maximum rate pension.
According to the records of the Department, the person concerned has a total of 41 paid contributions (and 9 credited contributions) only, all in the 1961-62 tax year. This is not sufficient to satisfy the eligibility conditions for a State pension (contributory), as outlined. Accordingly her application for State pension (contributory) was disallowed on 9 September 2013.
To be eligible for a State pension (non-contributory), an applicant must:
- be aged 66 years or over
- be habitually resident in the State
- satisfy a means test
The person concerned has been advised to apply for the State pension (non-contributory). An application form has been sent to her. On receipt of the completed application, her entitlement to pension will be fully examined and she will be notified of the outcome without delay.
