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Thursday, 19 Sep 2013

Written Answers Nos. 90-97

Invalidity Pension Appeals

Ceisteanna (90)

Bernard Durkan

Ceist:

90. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason an application for invalidity pension was refused in the case a person (details supplied) in County Kildare; if she will review the application with a view to granting payment; and if she will make a statement on the matter. [38877/13]

Amharc ar fhreagra

Freagraí scríofa

Invalidity 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 10 July 2013. The medical evidence provided by the claimant in support of his claim was examined by a medical assessor who was of the opinion that the person concerned is not eligible for invalidity pension as he does not satisfy the medical criteria. The claim for invalidity pension was disallowed by a deciding officer. The claimant was notified of this decision, the reason for it and of his right of review or appeal on 06 August 2013. To date no request for a review or an appeal has been received from the person concerned.

The person in question has applied for disability allowance and a decision will be made shortly and the person in question notified directly of the outcome.

Social Insurance

Ceisteanna (91)

Tom Fleming

Ceist:

91. Deputy Tom Fleming asked the Minister for Social Protection if she will address the difficulties experienced by persons who were formerly self employed and who are now de-listed off the business register (details supplied); and if she will make a statement on the matter. [38887/13]

Amharc ar fhreagra

Freagraí scríofa

Self-employed persons are liable for pay related social insurance (PRSI) at a rate of 4%, which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). This compares to employees in respect of whom a combined 14.75% rate, under full-rate PRSI Class A, is paid giving entitlement to the full range of social insurance benefits including jobseeker’s benefit.

Any person of working age who does not qualify for jobseeker’s benefit may claim means tested jobseeker’s allowance. Subject to means and other qualifying conditions, self-employed persons may claim jobseeker’s allowance if their business ceases or there is reduced demand for their services. Typically over 80% of jobseeker’s allowance claims from self-employed persons have been awarded over recent years.

Previously self-employed persons in receipt of jobseeker’s allowance have access to the full range of activation measures available through the State. Given the scale of unemployment levels, the key objective of activation policy and labour market initiatives is to offer assistance to those most in need of support in securing work and achieving financial self-sufficiency. This policy objective prioritises scarce resources to those in receipt of qualifying welfare payments. Accordingly the employment services and schemes provided by the Department are focused in the first instance on this cohort of unemployed people.

However, many services are available to the formerly self-employed who are not in receipt of a social welfare payment.

Some employment services, such as assistance with job-search activities and the use of online job search tools, are available to people if they register with the Department’s employment services offices, regardless of their social welfare status. Unemployed persons, including the previously self-employed, not in receipt of payments may also be eligible to avail of up-skilling opportunities, for example through FÁS training, but are not eligible to receive a training allowance while undertaking the course. Springboard courses are open to people who were previously self-employed, regardless of their social welfare status.

Additionally it may be noted that the primary purpose of social insurance credits is to secure the social welfare benefits and pensions of employees by covering gaps in insurance where they are not in a position to pay social insurance, such as during periods of unemployment or illness. The class at which a contributor last paid determines entitlement to credited contributions and, while credits are not available to a person who has only self-employed contributions, persons who cease to be covered by compulsory social insurance, may opt to protect their existing long-term social insurance pension entitlements by becoming insured on a voluntary basis and paying voluntary contributions.

Employment Support Services

Ceisteanna (92)

David Stanton

Ceist:

92. Deputy David Stanton asked the Minister for Social Protection if the National Steering Committee has completed its consideration of the Indecon report recommendations on the JobBridge scheme; her plans to introduce any changes to the scheme as a result, in particular extending it to those on the live register but not in receipt of a qualifying payment; and if she will make a statement on the matter. [38902/13]

Amharc ar fhreagra

Freagraí scríofa

The Indecon Report provides a number of key recommendations which are targeted at maximising progression outcomes for interns and ensuring value for money for the exchequer.

I wish to advise the Deputy that the Department have already taken a number of key actions in response to th ese recommendations:

- Two pilot initiatives targeted at non-graduate internships have been launched in the past 6 months, a collaboration with the Crafts Council of Ireland facilitating access a high-quality internship experience in the craft sector, and JobBridge and the Arts, a collaboration with Local Authorities and various small or short-duration festivals and arts projects.

- The ‘cooling off’ period for host organisations will also be waived where the intern goes directly into employment thereby rewarding successful progression outcomes into employment.

- The Department’s quality and control checks has also been improved to provide even more support to interns with a significant increase in monitoring and site visits being conducted by Department officials.

- Codes of Practice and guidelines have been introduced for placements in key sectors such as childcare and health as part of an ongoing review to enhance the quality of internships.

- The maximum number of internships that an intern can avail of will be increased from 2 to 3 and the maximum duration of internships from 9 months to 18 months. This measure is being introduced to give jobseekers that are dissatisfied with an internship more flexibility in finding a suitable alternative placement.

The Department is simplifying eligibility criteria and making them more visible in advance to all applicants.

The Department has commenced a process to redevelop the JobBridge website’s design, application and content.

The qualifying criteria for JobBridge will continue to be reviewed on an ongoing basis. However, there are no current plans to extend eligibility to those not in receipt of a qualifying payment. In this regard, it is critical that limited Exchequer resources continue to be targeted at those cohorts that are most in need.

Pension Provisions

Ceisteanna (93)

Tom Fleming

Ceist:

93. Deputy Tom Fleming asked the Minister for Social Protection if she will honour the terms of the defined benefit pension scheme of ESB staff who are contributing significant moneys to this scheme (details supplied); and if she will make a statement on the matter. [38909/13]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that I cannot comment on issues relating to a particular pension scheme. The Pensions Board supervises the regulation of individual schemes in accordance with the Pensions Act.

In general terms, I can advise that funded defined benefit pension schemes are required to satisfy the Funding Standard as set out in the Pensions Act 1990, as amended. This is a wind up standard which means that a funded defined benefit pension scheme is required to maintain sufficient assets to meet the liabilities of the scheme in the event of the wind up of the scheme. Where a scheme fails to satisfy the Funding Standard, the scheme is required to submit a funding proposal to the Pensions Board setting out how it is proposed to restore scheme funding.

I amended the Pensions Act in 2012 to require defined benefit pension schemes to hold additional funding in the form of a risk reserve in order to provide stronger protection for scheme members against future volatility in financial markets. This requirement will apply in a gradual way from 2016. I also amended the Pensions Act this year to provide the Pensions Board with the power to wind up a pension scheme. This power can only be exercised where a scheme is underfunded and the trustees and the employer are not in a position to adopt a funding proposal or where the trustees of a scheme fail to comply with a direction from the Pensions Board to restructure scheme benefits.

My objectives with regard to regulation are to ensure that measures are in place to protect the pension rights of scheme beneficiaries.

Carer's Benefit Eligibility

Ceisteanna (94)

Tom Fleming

Ceist:

94. Deputy Tom Fleming asked the Minister for Social Protection if she will address the serious deficiency in the carer's allowance means test, whereby the amount of money being paid out by families on mortgage repayments are not given any consideration when the means are being assessed; and if she will make a statement on the matter. [38910/13]

Amharc ar fhreagra

Freagraí scríofa

The Revised Estimates for the Department provide for expenditure of nearly €776 million in 2013 on income supports for carers. There were almost 58,000 recipients of carer’s allowance and carer’s benefit, and just over 25,200 people in receipt of domiciliary care allowance, at the end of July 2013.

Carer’s Allowance recipients also receive additional support in the form of free travel and household benefits (for those who live with the person for whom they are caring) and the annual respite care grant in respect of each person they are caring for.

In addition, if a person is getting certain qualifying payments from the Department and also providing full time care and attention to another person, they can keep their main social welfare payment and get a half-rate carer’s allowance as well.

Carer’s allowance is a means tested social assistance scheme. For means test purposes, account is taken of the income and assets of both the claimant and his or her spouse/partner. The means test for carers allowance is the most generous within the social welfare system. For the purpose of means testing the first €332.50 of weekly means (including earnings) is disregarded (€665 where the carer is married, in a civil partnership or cohabiting).

Mortgage repayments are not taken into account for means assessment purposes for carer’s allowance or any other weekly social assistance scheme, such as jobseeker’s allowance, and there are no plans to change these arrangements.

However, a person who is claiming carer’s allowance may also apply for mortgage interest supplement. Mortgage interest supplement is a scheme to assist with the interest portion of the mortgage for persons who have engaged with an alternative payment arrangement with their lender for at least 12 months.

Farm Assist Scheme Appeals

Ceisteanna (95)

Tom Fleming

Ceist:

95. Deputy Tom Fleming asked the Minister for Social Protection if she will examine a farm assist appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [38923/13]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers and comments by or on behalf of the Deciding Officer was registered in that office on 19 July 2013. The case has been 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.

Rent Supplement Scheme Eligibility

Ceisteanna (96)

Thomas P. Broughan

Ceist:

96. Deputy Thomas P. Broughan asked the Minister for Social Protection her view on the apparent increase in the number of advertisements on private rental accommodation websites stating that rent allowance is not accepted and the resultant problems this causes for prospective tenants who qualify for rent supplement and wish to find a home; and if there are plans to introduce any legislative measures to outlaw the practice. [38925/13]

Amharc ar fhreagra

Freagraí scríofa

The purpose of the rent supplement scheme is to provide short-term support 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 overall aim is to provide short-term assistance and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are currently over 82,500 rent supplement recipients for which the Government has provided over €403 million for 2013.

Under the legislative provisions governing rent supplement, the Department’s relationship is with the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. There is no direct relationship between the landlord and the Department in the administration of the scheme. The tenant’s engagement with the Department usually takes place after the tenant has reached an agreement with the landlord.

I do not intend to introduce any legislative measures in this respect. The fact that approximately 82,500 people are currently in receipt of rent supplement proves that a significant number of landlords are accommodating applicants of the scheme and that rent supplement recipients are able to access accommodation. In terms of policy direction, the Government has approved the introduction of the Housing Assistance Payment (HAP) including the transfer of responsibility for rent supplement recipients with an established housing need from the Department of Social Protection to housing authorities. Officials in this Department are working closely with those in the Department of Environment, Community and Local Government to assist with the necessary work required to initiate HAP.

Back to Education Allowance Appeals

Ceisteanna (97)

Thomas P. Broughan

Ceist:

97. Deputy Thomas P. Broughan asked the Minister for Social Protection the number of applications for back to education allowance refused to date in 2013 on the basis that the applicant held a level 7 degree or diploma and the application for BTEA related to a level 8 degree in a discipline other than the discipline in which the applicant held the level 7 qualification. [38927/13]

Amharc ar fhreagra

Freagraí scríofa

The back to education allowance (BTEA) scheme is a second chance education opportunities scheme focused on jobseekers and designed to overcome the barriers to participation in second and third level education. The scheme enables an eligible jobseeker in receipt of a social welfare payment to continue to receive income support while pursuing an approved full-time education course that leads to a higher qualification than that already held. In line with the BTEA’s objectives, a person holding a level 7 degree can apply and be approved for a level 8 add-on year (honours bachelor degree) provided that it relates to the same discipline. The scheme cannot be used to support pursuit of similar level courses in a different discipline.

Statistics collated by the Department in respect of the BTEA do not record the number of applications made and therefore do not report on the number of applications refused or the reason pertaining to such decisions. Data is collated only in respect of participants in the scheme and the source of their prior social welfare payment.

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