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Tuesday, 8 Oct 2013

Written Answers Nos. 311 - 329

Supplementary Welfare Allowance Appeals

Ceisteanna (311)

Michael Creed

Ceist:

311. Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will receive a decision on their appeal for supplementary welfare allowance payment; and if she will make a statement on the matter. [42034/13]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 19th September 2013, 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.

Departmental Reports

Ceisteanna (312)

Pat Breen

Ceist:

312. Deputy Pat Breen asked the Minister for Social Protection the number of reports that she has commissioned Indecon to undertake and the cost of same. [42040/13]

Amharc ar fhreagra

Freagraí scríofa

The procurement of services is essential to support the Department in providing high quality service to the public in a cost effective and efficient manner and is governed by a comprehensive regulatory, legal and procedural framework. The Department engages consultants (individuals or organisations) to provide intellectual or knowledge based services (e.g. expert analysis and advice) including the delivery of reports, studies, assessments, recommendations and proposals that contribute to decision making or policy making. Since March 2011, Indecon International Economic Consultants have been engaged once at a cost of €59,557 to undertake an independent evaluation of the operation and impact of JobBridge, the National Internship Scheme, and to make recommendations upon improvements to the operation of the Scheme. This engagement followed an open procurement procedure which was completed in April, 2012. The final report of the evaluation was published on 1st May, 2013.

Invalidity Pension Appeals

Ceisteanna (313)

Michael McGrath

Ceist:

313. Deputy Michael McGrath asked the Minister for Social Protection the position regarding an invalidity pension appeal in respect of a person (details supplied) in County Cork; when an oral hearing will be arranged for this appeal; and if she will make a statement on the matter. [42041/13]

Amharc ar fhreagra

Freagraí scríofa

The 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 14th 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.

Domiciliary Care Allowance Appeals

Ceisteanna (314)

Sean Fleming

Ceist:

314. Deputy Sean Fleming asked the Minister for Social Protection if the domiciliary care allowance has been approved in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [42042/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was notified on the 16th September 2013 that her domiciliary care allowance appeal was successful and that the allowance has been awarded from 1st September 2012. All arrears of payment due to her have now issued.

Invalidity Pension Eligibility

Ceisteanna (315)

Noel Coonan

Ceist:

315. Deputy Noel Coonan asked the Minister for Social Protection if she will stipulate the eligibility criteria set down by her Department for persons applying for invalidity pension; and if she will make a statement on the matter. [42052/13]

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.

A claimant must be regarded as permanently incapable of work, which is defined as incapacity for work of such a nature that the likelihood is that the claimant will be incapable of work for life or an incapacity which has existed for 12 months prior to the date of claim, and where the deciding officer or an appeals officer is satisfied that the claimant is likely to be unable to work for at least 1 year from the date of claim.

All medical assessments for invalidity pension are carried out by the department’s medical assessors who present their medical opinions from the assessment for the guidance of the deciding officers in the scheme areas. Medical assessors carry out desk assessments of medical evidence/reports supplied by doctors/patients in order to provide a medical opinion for the guidance of deciding and appeals officers. In the case of appeals, the opinion of a second medical assessor will be sought on the evidence provided by the claimant and his/her medical practitioner(s). All assessments are carried out in accordance with the accepted guidelines of the Irish Medical Council. Medical assessors are fully qualified and experienced practitioners and must have at least 6 years satisfactory experience in the practice of medicine since registration with the medical council. Many of the medical assessors have specialist post-graduate qualifications and all have received special training in human disability evaluation. The medical assessors have an on-going commitment to continuing medical education to ensure that standards are maintained and enhanced.

In addition to satisfying the medical criteria for eligibility, applicants for invalidity pension must satisfy contribution criteria. To qualify for invalidity pension applicants must have at least:

- 260 (5 years) paid PRSI contributions since entering social insurance

- 48 contributions paid or credited in the last complete tax year before the date of claim

PRSI paid in classes A, E and H count. The last complete tax year is the year before claim.

In addition, where a claimant has no reckonable contributions paid or credited for two consecutive years, that person is not entitled to the payment of invalidity pension until 26 subsequent qualifying contributions have been paid.

A completed application form for invalidity pension must be submitted to the department in order to have eligibility checked and a formal decision made on entitlement.

Mortgage Interest Supplement Payments

Ceisteanna (316, 338)

Aengus Ó Snodaigh

Ceist:

316. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will provide in tabular form the number of applications concluded and the number of decisions made to award mortgage interest supplement each month since January 2012. [42054/13]

Amharc ar fhreagra

Willie O'Dea

Ceist:

338. Deputy Willie O'Dea asked the Minister for Social Protection if she will provide in tabular form the number of persons receiving mortgage interest supplement in the years 2008, 2009, 2010, 2011, 2012 and 2013; the number of new cases that were approved for each of these years; the number of cases that were discontinued for each of these years; and if she will make a statement on the matter. [42464/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 316 and 338 together.

The purpose of the mortgage interest supplement scheme is to provide short term support to eligible people who are unable to meet their mortgage interest repayments. There are currently some 11,000 people in receipt of mortgage interest supplement for which the Government has provided almost €42 million in 2013.

Detail of the number of recipients of mortgage interest supplement at year end for the period from 2008 to date is provided in the following tabular statement.

Statistics are not available on the number of mortgage interest supplement claims received for the past 5 years or the outcome of those applications. However, the Department is collating statistics on the number of mortgage interest supplement claims awarded since January 2012 and these will be provided to the Deputies as soon as they are available.

Tabular Statement

Mortgage Interest Supplement Recipients 2008 to 2013 (end of September)

Period

Recipients

2008

8,091

2009

15,101

2010

17,974

2011

18,988

2012

14,597

2013 (end September)

10,888

Disability Allowance Appeals

Ceisteanna (317)

Michael Healy-Rae

Ceist:

317. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason a person (details supplied) in County Kerry was refused a disability allowance appeal. [42055/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. 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.

Insolvency Payments Scheme Eligibility

Ceisteanna (318)

Patrick Nulty

Ceist:

318. Deputy Patrick Nulty asked the Minister for Social Protection the procedures through which companies in receivership may apply to pay outstanding wages and fees to workers who have been undertaken work but not been paid for it. [42073/13]

Amharc ar fhreagra

Freagraí scríofa

The purpose of the insolvency payments scheme is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice & Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal, Rights Commissioners, etc., are also covered by the scheme.

The legislation governing the scheme provides that for the purposes of the scheme an employer shall be taken to be insolvent only in certain circumstances. These include situations where the employer is a company and a receiver has been appointed by or for the holder of a debenture secured by a floating charge, or possession taken by or for the debenture holder of company property comprised in or subject to the charge.

Where a receiver has been appointed all applications under the insolvency payments scheme must be submitted by him or her. The receiver should examine the claim(s) and certify the amount owed to the employee in accordance with the company records. Claims must be submitted on-line at www.welfare.ie. Once submitted on-line, the application form should be printed, signed by both paries and forwarded to the insolvency payments section of the Department. Applications should be accompanied by the Notice of Appointment of Receiver and a copy of the Statement of Affairs where available. Additional information is required with applications for payment of outstanding contributions to a pension or Personal Retirement Savings Account. More detail in this regard is available www.welfare.ie.

Payments under the insolvency payments scheme are made from the Social Insurance Fund. The Minister becomes a preferential creditor against the assets of an employer in respect of most amounts paid under the scheme.

Community Employment Schemes Eligibility

Ceisteanna (319)

Patrick Nulty

Ceist:

319. Deputy Patrick Nulty asked the Minister for Social Protection if a person (details supplied) in Dublin 15 will be allowed to undertake a third year of community employment in view of the specific personal circumstances they encountered during their second year and her stated commitment to support person's transition into full-time employment. [42074/13]

Amharc ar fhreagra

Freagraí scríofa

The community employment (CE) programme is a labour market intervention designed to assist the long-term unemployed return to the work force. The term for participants on CE has been set at two years maximum for those under 35 years of age by the Department. The person concerned has completed two years on Merchant’s Quay CE scheme as a support worker. As she is under 35 years of age, she has reached the maximum duration of entitlement; unfortunately it is not possible in the current climate to grant her a further extension.

It should be noted that the training on CE is carried out on an independent and external basis to CE work experience; therefore her continuance on training is not dependent on her CE continuance. As CE participants are encouraged to engage in further training and education to enhance their progression opportunities, it is common practice that participants may wish to engage in additional further training or may be mid-way through external training programmes on their CE finish date. It is expected that they would be committed to continue with their training when their CE experience finishes as part of their commitment to their overall progression. The term on CE cannot be determined by the training plan of an individual.

During her term on CE the person concerned has completed the Certificate in Addiction studies with NUI and MQI in Sept 2013, and she has also completed some general training through the scheme. However, there is no record of her undertaking or planning to undertake a diploma in drug counselling and intervention studies through the CE scheme or as part of her progression plan. Should the person concerned wish to engage in additional training opportunities and require guidance, she should meet with an Employment Services Officer, at the Intreo Office in Blanchardstown, who can explore other training options with her.

Pension Provisions

Ceisteanna (320)

Patrick Nulty

Ceist:

320. Deputy Patrick Nulty asked the Minister for Social Protection the measures she is planning to take to support defined benefit pension schemes that are currently in existence in order that the pensions of current pensioners and future pensioners in these schemes are protected; and if she will make a statement on the matter. [42076/13]

Amharc ar fhreagra

Freagraí scríofa

I am very aware of the serious funding challenges facing pension schemes at this time. It is acknowledged that the fundamental problems facing defined benefits schemes are due to the requirements to fund increasing life expectancy as well as the impact of the recession which has resulted in lower than expected investment returns.

The trustees of pension schemes are required to maintain sufficient assets in a pension scheme to meet the scheme liabilities in the event of the wind up of a pension scheme and to assess the funding position of the scheme on an annual basis. If the scheme fails to satisfy the Funding Standard the trustees are required to submit a funding proposal to the Pensions Board indicating how scheme funding level will be restored. The Pensions Board provides support to the trustees of pension schemes in maintaining sustainable pension provision.

I am considering a wide range of options in relation to pensions policy, including defined benefit provision and will be discussing those options with my Government colleagues in the near future.

JobBridge Scheme Eligibility

Ceisteanna (321, 335)

Pearse Doherty

Ceist:

321. Deputy Pearse Doherty asked the Minister for Social Protection if there is any discretion for a graduate (details supplied) in County Donegal who has applied for five internships, has been advised that there is a position available for them, but is not eligible to participate due to the fact that they do not have the required number of days on unemployment benefit; his views on whether this graduate would be better served gaining experience on an internship rather than remaining on jobseeker's allowance; and if she will make a statement on the matter. [42081/13]

Amharc ar fhreagra

Pearse Doherty

Ceist:

335. Deputy Pearse Doherty asked the Minister for Social Protection the number of persons in County Donegal who have participated in or are currently participating in the national JobBridge scheme per year since the scheme was introduced; the number of participants in County Donegal who participated or are currently participating on their JobBridge scheme with a school, hospital, Government, State or public body either wholly or partially funded by the State; the number of JobBridge internships that have been filled with Donegal County Council; the number of interns in each of the above categories who were retained by the public institution or body upon completion of the internship; and if she will make a statement on the matter. [42403/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 321 and 335 together.

Individuals considering applying for internships should use the information published by the Department to assess their eligibility to participate in the JobBridge scheme. Eligibility requirements include that the individual be in receipt of a qualifying Social Welfare payment or signing for credits of 78 days within the last 6 months. JobBridge has been launched in this targeted way to allocate scarce exchequer resources effectively, while ensuring that it does not replace or displace the normal operation of the labour market, which is an essential element of Ireland’s economic recovery.

According to the Department’s records, the individual named by the Deputy is a casual worker since beginning their Jobseekers Benefit claim on 3rd June, 2013 and currently has 36 qualifying days. The Department is not in a position to make exceptions to the eligibility criteria.

A total of 707 individuals have participated on JobBridge internships in County Donegal since the scheme came into operation, of whom 198 are currently on internships.

230 individuals have participated on JobBridge internships public sector organisations in County Donegal since the scheme came into operation, of whom 67 are currently on internships. Of these 163 finishers to-date, 5 progressed to employment with their host organisation.

Overall, the Indecon independent evaluation of the JobBridge scheme found that 61.4% of former interns had progressed into employment within 5 months of completion of a JobBridge internship. Given the embargo on public sector recruitment progression rates into employment directly with the host organisation is lower for those interns who complete their internship in public sector organisations. However the Indecon evaluation found that there is, nevertheless, a high rate of employment (41.2%) among participants who completed their internships in public sector organisations but subsequently secured employment in other organisations. This indicates that public sector internships provide jobseekers with valuable opportunities to gain relevant and transferable work experience.

Question No. 322 withdrawn.

Insolvency Payments Scheme Eligibility

Ceisteanna (323)

Paul Connaughton

Ceist:

323. Deputy Paul J. Connaughton asked the Minister for Social Protection if an insolvency payment may be capped at €600 per week when the payment arose out of an employment appeal where a person was deemed to be unfairly dismissed as opposed to a statutory redundancy; and if she will make a statement on the matter. [42103/13]

Amharc ar fhreagra

Freagraí scríofa

The purpose of the insolvency payments scheme is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice & Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal (EAT), Rights Commissioners, etc., are also covered by the scheme.

The scheme covers employees aged 16 or over who are in employment which is insurable for all benefits under the Social Welfare Acts, or in employment that would be insurable for all benefits but for the fact that the person has reached age 66.

Some limitations and conditions apply to payments made under the scheme. In most cases, the scheme covers entitlements relating to the period of eighteen months prior to the date of the insolvency of the employer or the termination of employment. Arrears of pension contributions are restricted to a 12 month period immediately prior to the date of insolvency.

There is a limit of eight weeks for arrears of pay, sick pay, holiday pay and pay in lieu of statutory notice. In addition, payments calculated by reference to an employee’s wages, including awards under the Unfair Dismissals Acts, are subject to a limit of €600 per week.

Payments under the insolvency payments scheme are made from the Social Insurance Fund. The Minister becomes a preferential creditor against the assets of an employer in respect of most amounts paid under the scheme. EAT and Rights Commissioner awards are made against the employer. Where the amount covered by the insolvency payments scheme is less than the amount of the award the employee may also become a creditor in the liquidation in respect of the balance.

Social Welfare Payments

Ceisteanna (324)

Patrick Nulty

Ceist:

324. Deputy Patrick Nulty asked the Minister for Social Protection if a one parent family payment claim in respect of a person (details supplied) in Dublin 15 may be paid into the claimant's bank account as has been the case up to last month; and if she will make a statement on the matter. [42126/13]

Amharc ar fhreagra

Freagraí scríofa

As an important control measure, payments of one parent family payment at Blanchardstown Intreo Office are now being paid to customers at their nominated Post Office. Only in exceptional circumstances such as having a severe medical condition, hospitalisation of the customer, or where an urgent caring need exists can payments now be paid into a bank account.

Based on the information held by my Department, the person concerned does not fall into one of these categories. However, if she wishes to make an application setting out her reasons for receiving payments into her bank account it will be given consideration and a formal reply will be issued to her.

Carer's Allowance Eligibility

Ceisteanna (325)

Dara Calleary

Ceist:

325. Deputy Dara Calleary asked the Minister for Social Protection the reason she will not relax the habitual residence rule for those returning here to care for relatives and who seek carer's allowance; if she will cite the relevant EU directive that her Department has previously cited as a block to this issue; and if she will make a statement on the matter. [42131/13]

Amharc ar fhreagra

Freagraí scríofa

All applicants for carers’ allowance, regardless of nationality, are required to be habitually resident in the State in order to qualify for the allowance. The requirement to establish that a person is habitually resident for the purpose of claiming certain categories of Social Welfare Allowances is governed by requirements in EC Regulation 883/2004 and its implementing Regulation 987/2009.

The Habitual Residence Condition (HRC) helps protect Ireland's social welfare system, while at the same time ensuring that those who have an entitlement have access to supports when they are needed. There are no plans to review the position in relation to the application of the HRC to carer’s allowance at this time.

Social Welfare Appeals Issues

Ceisteanna (326)

Jack Wall

Ceist:

326. 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. [42169/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow 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.

Questions Nos. 327 to 329, inclusive, withdrawn.
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