Written Answers Nos. 378-393
378. Deputy Kevin Humphreys asked the Minister for Social Protection if she will provide a list of the Acts or specific provisions of Acts under her Department that have not yet been commenced; if it is intended to commence the provision in each case; if so, when; and if she will make a statement on the matter. [40605/13]
Amharc ar fhreagraA number of provisions of the Civil Registration Act 2004, together with a number of amendments to the Social Welfare Consolidation Act 2005 and the Pensions Act 1990, have still to be commenced.
Details of these provisions and their current status are set out in the tables.
Uncommenced Provisions of Enactments for which the Minister for Social Protection has responsibility
Amendments to Social Welfare Consolidation Act 2005
|
Uncommenced Provision |
Description |
Status |
|
Social Welfare Consolidation Act 2005 |
- |
- |
|
- Paragraph 1 of Schedule 6 to the SW Consolidation Act 2005 |
Amends section 249 of the SW Consolidation Act 2005 which relates to disqualification for receipt of social welfare payments while absent from the State or undergoing imprisonment. |
Provision being reviewed in the light of subsequent amendments to the SW Consolidation Act and other developments in this area. A decision on how best to proceed will be taken following this review. |
|
- Paragraph 2 of Schedule 6 to the SW Consolidation Act 2005 |
Amends various provisions of the SW Consolidation Act 2005 following the introduction of the divorce legislation to enable an Increase for Qualified Adult to be paid to a social welfare recipient in the case of more than one adult in certain circumstances. |
Following a review of this provision it is considered that it is not required. This provision will be deleted at an early opportunity |
|
Social Welfare and Pensions Act 2007 |
- |
- |
|
- Section 21(a) |
Amends section 149 of the SW Consolidation Act 2005 in relation to entitlement to the Pre-Retirement Allowance where a person had previously been in receipt of Carer’s Allowance. |
The necessity for this provision is currently being examined and a decision on how best to proceed will be taken following the completion of this examination. |
|
- Section 27 |
Amends section 220 of the SW Consolidation Act 2005 to enable payment of Child Benefit to be split between the child’s parents. |
This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
|
Social Welfare and Pensions Act 2008 |
- |
- |
|
- Section 5 |
Inserts new section 8A into the SW Consolidation Act 2005 to enable the transfer of social welfare pension rights to the EU Institutions pension schemes. |
The necessary administrative arrangements are being finalised in consultation with the EU Commission and it is hoped to commence these provisions in the coming months. |
|
- Sections 12 to 14 |
Inserts new Chapter 5A in Part 3 of the SW Consolidation Act 2005 and makes consequential amendments to the provisions of that Act to provide for the transfer of the Blind Welfare Allowance from the HSE to the Department of Social Protection. |
This provision will be commenced as soon as the necessary administrative arrangements have been agreed with the HSE and Department of Health. |
|
- Section 17(5) |
Makes provision for the treatment of outstanding claims for Domiciliary Care Allowance held by the HSE on the transfer of administrative responsibility for that scheme to the Department of Social Protection. |
The necessity for this provision is currently being examined and a decision on how best to proceed will be taken following this review. |
|
Social Welfare (Miscellaneous Provisions) Act 2010 |
- |
- |
|
- Section 3 |
Inserts new section 296A into the SW Consolidation Act 2005 and makes consequential amendments to the provisions of that Act to clarify the rules relating to which parent a child will normally be regarded as residing with for social welfare payment purposes. |
This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
|
- Section 6 |
Amends section 40 of the SW Consolidation Act 2005 to enable claims for Illness Benefit to be processed in the event of the outbreak of a flu pandemic. |
This provision will be commenced if the need arises. |
|
Social Welfare (Miscellaneous Provisions) Act 2010 (contd) |
- |
- |
|
- Section 14 |
Amends section 220 of the SW Consolidation Act 2005 to clarify the rules relating to which parent a child will normally be regarded as residing with for Child Benefit purposes. |
This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review. |
|
Social Welfare and Pensions Act 2012 |
- |
- |
|
- Section 19 |
Amends section 290 of the SW Consolidation Act 2005 to extend the household budgeting facility for social welfare recipients to cover the payment of utility bills from regulated energy companies. |
A contract has recently finalised between Airtricity and An Post and this provision will be commenced shortly when the necessary administrative arrangements have been put in place. |
|
Social Welfare Act 2012 |
- |
- |
|
- Section 15 |
Inserts new sections 290A and 290B and amends section 290 of the SW Consolidation Act 2005 in relation to the operation of the household budgeting facility for the payment of local authority rents by social welfare recipients. |
An agreement has recently been reached between the Department and An Post on the operation of this measure. These provisions will be commenced as soon as the necessary administrative arrangements have been put in place. |
|
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 |
- |
- |
|
- Section 3 |
Amends various references in the SW Consolidation Act 2005 to training provided by FÁS on the dissolution of that agency. |
This provision will be commenced as soon as the Establishment Day Order for the dissolution of FÁS and the establishment of SOLAS has been made by the Minister for Education and Skills. |
Amendments to Pensions Act 1990
|
Uncommenced Provision |
Description |
Status |
|
Pensions (Amendment) Act 2002 |
- |
- |
|
- Section 3 |
Inserts new Part X (sections 91 to 125) into the Pensions Act 1990 which provide for the establishment of Personal Retirement Savings Accounts (PRSAs). Part X has been commenced with the exception of section 122, which provides for the replacement of buy-out bonds with PRSAs. A buy-out-bond is a pension bond into which persons can transfer the value of their fund if they leave their employment/ pension scheme. |
Originally, the intention was that new buy-out bonds would cease when PRSAs became available. However, it is considered that buy-out bonds will be required in the short to medium term. The situation will be kept under review in consultation with the Pensions Board. |
|
- Section 39 |
Inserts new section 56A into the Pensions Act 1990 to provide for the consideration of index-linked increases in the rates payable in Defined Benefit pension schemes |
This provision does not require that indexation be introduced, only that it be examined. The situation will be kept under review in consultation with the Pensions Board. |
|
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 |
- |
- |
|
- Sections 22(b), 26, 27, 28, 29 and 34 |
Amends various provisions contained in the Pensions Act 1990 in relation to the governance structures of the Pensions Board |
It is expected that these provisions will be commenced shortly. |
Uncommenced provisions of Civil Registration Act 2004
|
Uncommenced Provision |
Description |
Status |
|
- Section 4 and the Second Schedule |
Repeal various enactments dealing with civil registration matters prior to the enactment of the Civil Registration Act 2004 |
This section and the associated Schedule are uncommenced in so far as they relate to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. The repeal of the 1952 Act is being examined in the context of the commencement of section 73 of the Civil Registration Act 2004 – see section 73 below. |
|
- Sections 13(1)(f) and (g) |
Provide for the establishment and maintenance of a register of all decrees of divorce and all decrees of nullity of marriage |
Commencement of these provisions is not currently being proposed for financial and operational reasons. |
|
- Part 7 (section 59) |
Provides for the registration of decrees of divorce and decrees of nullity of marriage |
Commencement of this Part is not currently being proposed for financial and operational reasons. |
|
- Section 73 |
Provides for the compilation and publication of statistics relating to events registered under the Act. |
Commencement of this provision is being considered in the context of the Civil Registration (Amendment) Bill 2013. This would require the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952 |
379. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made on an appeal for invalidity pension in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [40611/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 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 case 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 appeal 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.
380. Deputy Catherine Murphy asked the Minister for Social Protection the level of compliance with European Union directives within her ministerial areas of responsibility; the current fines resulting from non-compliance and potential fines resulting from present non-compliance the State is or may be exposed to; and if she will make a statement on the matter. [40641/13]
Amharc ar fhreagraMy Department is currently involved in issues relating to the transposition of two EU directives; 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and Article 8 of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer. The provisions of the first mentioned require, amongst other things, the provision of social protection and maternity benefit to spouses and civil partners who are not employees or business partners but who participate in the activities of the self-employed worker, performing the same tasks or ancillary tasks.
The deadline for transposition of the Directive was 5 August 2012. However, the Directive allows, in particular circumstances, for an extension of up to 2 years on the period allowed for the implementation of the social insurance provisions. Ireland secured agreement to allow it to avail of this extended period and so the deadline for implementation of this aspect of the Directive is 5 August 2014. The required provisions will be legislated for in a future social welfare bill so as to meet the extended deadline for implementation.
With regard to Article 8 of Directive 2008/94/EC, as the Deputy may be aware, arising from a recent decision of the European Court of Justice in a case involving the Waterford Glass pension scheme there are issues in relation to how Article 8 of the Directive was transposed into Irish law. Following the ruling, the matter has now been referred back to the Irish High Court for further hearing. In the meantime, the issues raised by the Court of Justice are being considered in consultation with other relevant departments and offices with a view to developing proposals to deal with the matter. There are no fines levied or pending at present in relation to the transposition of these directives.
381. Deputy Catherine Murphy asked the Minister for Social Protection the rate of turnover of medical assessors employed by her Department; and if she will make a statement on the matter. [40646/13]
Amharc ar fhreagraThe information requested by the Deputy in relation to the rate of turnover of Medical Assessors employed in the Department of Social Protection during the period 1 January 2009 up to and inclusive of 30 September 2013 is set out in the tabular statement.
|
YEAR |
Number of MA’s employed on the 01/Jan each year (including 1 Chief Medical Adviser & 1 Deputy Chief Medical Adviser) |
Number of MA’s who retired/resigned during the year |
Number of MA’s who commenced employment during the year |
|
2009 |
22 |
2 |
4 |
|
2010 |
24 |
2 |
3 |
|
2011 |
25 |
1 |
3 |
|
2012 |
27 |
9 |
3 |
|
2013 |
21 |
4 |
4 |
The Department has a process underway to recruit additional Medical Assessors.
382. Deputy Patrick Nulty asked the Minister for Social Protection if the Irish state has a bilateral agreement with Jersey and the other Channel Islands regarding social security entitlements and the payments that are subject to this agreement; and if she will make a statement on the matter. [40658/13]
Amharc ar fhreagraThe current bilateral Social Security Agreement between Ireland and the United Kingdom is in force since 1 October 2007. In practice, the agreement applies to relations with the Channel Islands and the Isle of Man as these are not covered by the EU Regulations coordinating social security systems. The main purpose of the bilateral agreement is to protect the social welfare rights of people who have worked and paid full rate and/or modified social security contributions in Ireland and in the Isle of Man and the Channel Islands. The agreement allows people to combine the period of contributions in each place, if necessary, to qualify for a social security payment under either Irish law or laws applying in the other areas covered.
The agreement also deals with the social security status of workers who are sent to work temporarily from Ireland to the Isle of Man or the Channel Islands and vice versa. The Irish social welfare payments covered by the Agreement are: State pension (contributory), state pension (transition), widow's, widower's or surviving civil partners (contributory) pension, guardian's payment (contributory), bereavement grant, invalidity pension, illness benefit, maternity benefit, jobseeker's benefit, and occupational injuries benefit.
383. Deputy Jack Wall asked the Minister for Social Protection the position regarding a social welfare appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40673/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 31 July 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 26 August 2013 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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 in relation to social welfare entitlements.
384. Deputy Dessie Ellis asked the Minister for Social Protection the action she will take to ensure that those who have had their rent supplement reduced due to involvement with community employment, JobBridge or other similar schemes will have them reinstated to the previous level once these schemes have ended in the case where full employment is not the result. [40687/13]
Amharc ar fhreagraThe 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. There are currently over 82,500 rent supplement recipients for which the Government has provided over €403 million for 2013. Rent supplement is calculated to ensure that an eligible person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum weekly contribution of €30 (€35 for couples) which each recipient is required to pay from his or her own resources.
The existing rent supplement assessment provides for a gradual withdrawal of payment as hours of employment or earnings increase. Those availing of part-time employment and/or training opportunities can continue to receive rent supplement subject to their satisfying the standard means assessment rules. Where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes. This includes people on community employment, jobbridge and other activation schemes as well as people in open market employment. Where an activation programme is completed by a rent supplement recipient, the entitlement is revised to reflect any changes in financial circumstances subject to all other conditions of the scheme being met.
385. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Mayo; and when a decision will issue. [40691/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 3 October 2013. The person concerned has been notified of the arrangements for the 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.
386. Deputy Pearse Doherty asked the Minister for Social Protection if her attention has been drawn to the fact that a person who works on a part-time basis 11 hours from Monday to Friday is unable to access social welfare assistance; her plans to reform the system to provide social welfare assistance; and if she will make a statement on the matter. [40718/13]
Amharc ar fhreagraThe jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The Revised Estimates for my Department provide for expenditure on the jobseeker’s schemes of €3.66 billion in 2013. It is a fundamental qualifying condition of both schemes that a person must be fully unemployed for 4 in any period of 7 consecutive days. Where a person takes up employment the part-time job incentive scheme may, subject to scheme criteria, support them in making such a transition to employment. The scheme allows persons who are long-term unemployed to take up part-time employment for less than 24 hours per week and receive a weekly income supplement. Participants in this scheme are expected to continue to make efforts to find full-time work.
It is recognised that a changing labour market has resulted in a move away from the more traditional work patterns, resulting in an increase in the number of persons employed for less than a full week. This is an important policy issue for the Department but any changes to the current criteria could have significant cost implications. The Advisory Group on Tax and Social Welfare, which has already reported to me on a number of important policy areas, is now looking at the whole area of atypical work and I look forward to their recommendations on this issue later this year.
387. Deputy Brendan Griffin asked the Minister for Social Protection if she plans to reform the way social insurance contributions are calculated for the State pension in view of the unfair averaging system in place; and if she will make a statement on the matter. [40729/13]
Amharc ar fhreagraThe State pension is a very valuable asset and it is important, that those who receive it have made a significant contribution towards it during a working life as the State needs to ensure that it can continue to sustain pension payments in the future. The average contributions test is used in calculating pension entitlement and has been in existence since 1961 when contributory pensions were first introduced. The system was designed with a view to ensuring that people could qualify for contributory pensions from the outset rather than waiting for contributions to build up, and to suit a system where social insurance coverage was limited and people could move in and out of coverage as a result of the nature of their employment and/or their earnings.
In terms of future reforms it is planned to introduce a ‘total contributions approach’ where pension payment made will more closely reflect contributions made over a working life. This approach envisages a total contributions requirement of 30 years contributions for a maximum pension. In introducing such a system, it is considered appropriate to have regard to the potential that people now have to accumulate a contribution record of 40-50 years contributions as a result of the comprehensive nature of social insurance coverage, the existence of voluntary contributions, the homemakers scheme which recognises periods of caring and the facility of awarding credited contributions to employee in times of unemployment or illness. The OECD Review of the Irish Pension System which was published in April 2013 also endorsed the move to a total rather than an average contributions test to determine entitlement to a State pension.
388. Deputy John McGuinness asked the Minister for Social Protection if an appeal for disability allowance will be expedited in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [40769/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29 August 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 case 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 appeal 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.
390. Deputy John McGuinness asked the Minister for Social Protection if an appeal for disability allowance will be expedited in respect of a person (details supplied) in County Kilkenny. [40851/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 4 September 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 case 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 appeal 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.
391. Deputy Pat Breen asked the Minister for Social Protection when a decision on an invalidity pension appeal will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [40853/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 13 May 2013 who required further evidence from the Department in order to determine the appeal. This evidence was received from the Department on 6 September 2013 and the file has been referred back to the 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 in relation to social welfare entitlements.
392. Deputy Michael Moynihan asked the Minister for Social Protection her plans to change the eligibility for the contributory State pension arising from budget 2012; and if she will make a statement on the matter. [40855/13]
Amharc ar fhreagraThe State pension is a very valuable asset and it is important, with increases in the numbers of older people and increased longevity, that those who receive it have made a significant contribution towards it during a working life, as the State needs to ensure that it can continue to sustain pension payments in the future. People need to participate in the workforce for longer and need to contribute more towards their pensions over a working life. Budget 2012 provided for additional rate bands payable for State pension. These were introduced in September 2012. These additional payment rate bands more accurately reflect the social insurance history of a person and ensure that those who contribute more during a working life benefit more in retirement than those with fewer contributions.
This measure is part of a package of reform measures to State pension including:
- increase to State pension age, introduced in 2011, which will be implemented in three separate stages: in 2014, State pension age will be standardised at 66; increased to 67 in 2021; and to 68 in 2028. This will see the abolition of the State pension transition payment from 2014;
- increase in the number of paid contributions required to qualify for a State pension. With effect from April 2012, this increased from 260 paid contributions to 520 paid contributions.
In terms of future reform, it is planned to introduce a ‘total contributions approach’ where pension payment made will more closely reflect contributions made over a working life. This will replace the averaging system currently in place. The Actuarial Review of the Social Insurance Fund, published in September 2012, shows that social insurance offer excellent value for money. Notwithstanding the recent changes over the last number of years, those with lower earnings and those with shorter contributions histories will continue to obtain the best value for money from the Fund.
The State pension is the bedrock of the Irish pension system and reforms such as these are essential to address the challenges of increasing life expectancy and to ensure its sustainability. 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. There are no plans to change the reform measures introduced to State pension including those introduced in Budget 2012.
393. Deputy Charlie McConalogue asked the Minister for Social Protection the reason a person (details supplied) who has completed a JobBridge internship cannot immediately take up a place on a community employment scheme; and if she will make a statement on the matter. [40923/13]
Amharc ar fhreagraOn the spectrum of supports for the unemployed, Community Employment (CE) would be considered to be for those at more serious disadvantage than those capable of availing of a JobBridge internship. Moving from JobBridge (designed for short-term unemployed, job ready persons) to CE (designed for long-term unemployed, not job ready) is not considered a suitable or valid progression option for JobBridge Interns. The person in question should call into their local DSP Employment Services Office/Intreo Office where they will be advised of their eligibility for various programmes and initiatives that are available to them.
