Written Answers Nos 41-60
41. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding domiciliary care allowance and half carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [43717/13]
Amharc ar fhreagraThe age limit for receipt of domiciliary care allowance (DCA) is 16 years. As the child concerned reached the age of 16 years in May 2013, DCA is no longer payable after that date. A letter issued in January 2013 advising that payment of the allowance was due to end in May and that the child could apply for disability allowance in his own right.
An application for disability allowance was received on the 6th March 2013. Based on the evidence submitted, this application was refused on medical grounds and the person was notified in writing of this decision on the 21st June 2013. He subsequently appealed that decision to the Social Welfare Appeals Office. He will be notified in writing when his appeal is decided.
The entitlement to carers allowance was reviewed when DCA ceased to be payable. It was found that the person being cared for was not so disabled or invalided as to require full-time care and attention as provided for in legislation. Carer's allowance was disallowed on this basis and a letter issued to the person concerned on 30th July 2013 notifying them of this decision. With the decision notification the person concerned was notified of the right of appeal.
43. Deputy Jim Daly asked the Minister for Social Protection if employers will be obliged to offer employees extended employment contracts up to their 66th birthday when the transition pension is discontinued next year; and if she will make a statement on the matter. [43722/13]
Amharc ar fhreagra44. Deputy Jim Daly asked the Minister for Social Protection the options available to persons who are forced to retire from employment on the 65th birthday but will not receive a pension until their 66th birthday when the transition pension is discontinued next year; and if she will make a statement on the matter. [43723/13]
Amharc ar fhreagraI propose to take Questions Nos. 43 and 44 together.
There is no statutory compulsory retirement age for employees in Ireland. In relation to the employment relationship, responsibility for setting retirement age is a matter for the employer/employee relationship and the contract of employment. The Court of Justice of the European Union (CJEU) has made rulings in a series of age-discrimination cases concerning Directive 2000/78/EC, which prohibit work-related discrimination on various grounds, including age. The CJEU has clarified that mandatory retirement ages may be set down by employers within the context of national law, whether by contract, custom and practice or other means, which must be objectively and reasonably justified by a legitimate social policy aim, with the means of achieving that aim being both appropriate and necessary. Enterprise policy and equality issues come within the respective remit of my colleagues, the Minster for Jobs Enterprise and Innovation and the Minister for Justice and Equality.
It is also recognised that the range of policy areas which influence working and retirement decisions fall within the remit of a range of departments and requires a co-ordinated responses if labour market participation rates and effective retirement ages of older workers are to improve. In this regard, an Interdepartmental Working and Retirement Group is currently considering cross departmental policy issues that may support longer working and thereby improve the sustainability and adequacy of pensions systems. This Group is considering the broad range of issues impacting on the labour market participation of older workers and will prepare preliminary proposals detailing measures which may encourage participation and retention in the labour market of older workers.
In terms of State pension reform measures, increasing 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.
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 terms of social welfare supports available to those at age 65, all short term schemes are payable up to age 66. The main social welfare payment available to those who leave employment before State 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). Where a person does not meet the qualifying conditions for insurance based schemes, assistance schemes may be available to them provided they meet the qualifying conditions for these schemes. Further consideration is being given to the position of those exiting the workforce before pension age.
45. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite and award an invalidity pension appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [43733/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 3rd October 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The additional evidence submitted by the Deputy will be brought to the attention of the Appeals Officer dealing with this case.
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.
46. Deputy Dan Neville asked the Minister for Social Protection the position regarding an application for companion travel pass in respect of a person (details supplied) in County Limerick. [43740/13]
Amharc ar fhreagraThe application for a Companion Travel Pass for the customer named above has been medically assessed by a Medical Assessor on 14 October 2013. The medical opinion has been conveyed to Household Benefits Section, Sligo and the customer will be contacted shortly regarding the decision on her application.
47. Deputy Dan Neville asked the Minister for Social Protection the position regarding a one-parent family allowance appeal in respect of a person (details supplied) in County Limerick; if she will confirm the date on which the application for the one parent family allowance was lodged; and if it is possible for the person to review an oral hearing. [43741/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11 October 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.
48. Deputy Bernard J. Durkan asked the Minister for Social Protection the assistance that will be provided in the case of a person (details supplied) in County Kildare who wishes to start an education course; and if she will make a statement on the matter. [43777/13]
Amharc ar fhreagraThe Department of Social Protection provides a wide range of second chance education opportunities for unemployed people, lone parents and people with disabilities. The Department's objective in this area is to raise educational and skills levels among such persons in order to help them to meet the requirements of the labour market. In order to establish if the person concerned has an entitlement to participate in such an opportunity he should call to his local social welfare office where staff will be in a position to advise him on what options may be available to him.
50. Deputy Sean Fleming asked the Minister for Social Protection when a decision on an appeal for family income supplement in respect of a person (details supplied) in County Kildare will be decided; and if she will make a statement on the matter. [43792/13]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that in the case of an appeal for family income supplement, where it appears that the reason for the Deciding Officers decision may not have been fully understood, the letter of appeal is referred to family income supplement section requesting that the decision be clarified to the appellant. The appellant is advised that if s/he is still not satisfied following receipt of this clarification that the appeal will be formally registered and processed.
In the case of the person concerned, his letter of appeal was forwarded to family income supplement section for clarification on 23 August 2013. If, on receipt of letter of clarification from family income supplement section, the person concerned is still not satisfied with their explanation he should write to the Social Welfare Appeals Office stating clearly the grounds of his appeal.
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.
51. Deputy Dan Neville asked the Minister for Social Protection if an application for widower's pension could be reviewed in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [43798/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22 August 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 have been received in the Social Welfare Appeals Office 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.
52. Deputy Terence Flanagan asked the Minister for Social Protection her plans to make more of the labour market activation programmes available to person with a disability; and if she will make a statement on the matter. [43801/13]
Amharc ar fhreagraThe department provides a wide range of income and work-related supports (previously operated by FAS) for people with disabilities. These include the EmployAbility service (formerly the Supported Employment Programme) which facilitates the integration of people with disabilities into paid employment in the open labour market; and a number of employment supports aimed at employers (the Wage Subsidy Scheme - which pays an employer a subsidy for employing a person with a disability – the Work Equipment Adaptation Grant, the Employee Retention Grant, and the Disability Awareness Scheme). Community Employment (CE) schemes are also available to people with disabilities.
In relation to activation measures for people with disabilities, I would also like to point out that I launched the Disability Activation Project at the end of 2012. This is providing over €7 million to 14 projects (which will run until early 2015) across the BMW region to address four specific strands around the employment of people with disabilities : (i) Improving Access to Employment, (ii) Progression Programmes for Young People,(iii) Support for Progression and Retention of People with an Acquired Disability; and (iv) Innovative Employer Initiatives.
I am confident that these projects will provide invaluable guidance and learning on how best to ensure that the untapped potential of people with disabilities is allowed to flourish and that they are enabled to participate fully in the labour market. The outcomes of these projects will be crucial in determining the optimum approaches which can be taken in relation to mainstreaming activation measures generally for people with disabilities. In the meantime, while priority is being given to unemployed people on the Live Register in terms of the INTREO service at the moment, it is open to any person with a disability to apply to avail of the service.
53. Deputy Barry Cowen asked the Minister for Social Protection the number of Bills her Department has published since March 2011; the number of regulatory impact assessments that her Department has published since March 2011; and if she will make a statement on the matter. [43821/13]
Amharc ar fhreagraI have initiated six Bills since taking office, all of which have been enacted. Details of these Acts are set out in the attached table.
Regulatory Impact Assessments (RIAs) are not ordinarily undertaken in relation to the package of measures announced in the annual Budget Day Statements or similar packages of measures. Accordingly, a RIA was not considered necessary in the case of the Social Welfare Act 2011 and the Social Welfare Act 2012, both of which enacted social welfare measures announced in the 2012 and 2013 Budgets, respectively. A RIA was not considered necessary in the case of the social welfare measures contained in the Social Welfare and Pensions Act 2011, the Social Welfare and Pensions Act 2012 and the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, as these measures either implemented budgetary decisions or made miscellaneous amendments to the social welfare code which were not considered amenable to the undertaking of a RIA.
The Social Welfare and Pensions Acts of 2011 and 2012 and the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 also amend the provisions of the Pensions Act 1990. Part 4 of the Social Welfare and Pensions Act 2011 transposed Article 17 of Directive 2003/41/EC on the Activities and Supervision of Institutions for Occupational Retirement Provision (IORPS Directive) relating to the regulation of occupational pensions. However, as the types of pension scheme envisaged in Article 17 are not operated in Ireland, a RIA was not considered feasible in relation to these provisions.
Part 3 of the Social Welfare and Pensions Act 2012 amended the Funding Standard applying to defined benefit pension schemes. A RIA undertaken on these amendments has been published and is available at –
http://www.welfare.ie/EN/Policy/Legislation/Regulatory%20Impact%20Analysis/Documents/riapension.pdf .
Part 4 of the Social Welfare and Pension (Miscellaneous Provisions) Act 2013 implemented the recommendations of the Critical Review of the Pension Board. This review, which involved a public consultation process, was carried out under the Public Service Reform plan. This review is available at http://www.welfare.ie/en/pressoffice/pdf/Report-of-the-Critical-Review-23-April-2013.pdf .
As the provisions contained in the Civil Registration (Amendment) Act 2012 to extend the list of bodies authorised to solemnise marriages were of a minor nature, a RIA was not considered necessary in the case of this Act.
Bills Initiated by Minister for Social Protection since March 2011
|
Title of Bill |
Status |
RIA Undertaken |
|
Social Welfare and Pensions Act 2011 |
Enacted 29th June 2011 |
Not considered necessary |
|
Social Welfare Act 2011 |
Enacted 19th December 2011 |
Not considered necessary |
|
Social Welfare and Pensions Act 2012 |
Enacted 1st May 2012 |
RIA undertaken on Part 3 of Act |
|
Social Welfare Act 2012 |
Enacted 21st December 2012 |
Not considered necessary |
|
Civil Registration (Amendment) Act 2012 |
Enacted 26th December 2012 |
Not considered necessary |
|
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 |
Enacted 28th June 2013 |
Not considered necessary |
54. Deputy Regina Doherty asked the Minister for Social Protection the number of persons whose children turned 18 years of age during their last year at school who have had their children's allowance withdrawn; her plans to review the situation; and if she will make a statement on the matter. [43845/13]
Amharc ar fhreagraChild benefit is a monthly universal payment made to families with children, which assists all parents with the cost associated with raising children. Child benefit is paid to around 606,000 families in respect of some 1.15 million children, with an estimated expenditure of around €1.9 billion. Child benefit as a “universal” payment is paid in respect of all qualified children up to the age of 16 years. The payment continues to be paid in respect of children up to their 18th birthday who are in full-time education or who have a disability.
The Department currently notify around 48,000 customers each year that child benefit for their child has ceased because of their child turning 18 years of age. Data as to whether these children are still in education at the time of the 18th birthday are not available.
Budget 2009 provided for the reduction of the age for which child benefit is paid from under 19 years of age to under 18 years of age. This measure was implemented in full in 2011 and has resulted in savings of €79 million on an annual basis. A value for money review of child income supports, published by the Department of Social Protection in 2010, found that the participation pattern of children in education supports the 18 year age limit for child benefit. I have no immediate plans to make any changes to the age threshold for child benefit.
Families on low incomes can avail of a number of provisions to social welfare schemes that support children in full-time education until the age of 22, including;
- Qualified child increases to primary social welfare payments in receipt of either;
- The family income supplement (FIS), which is paid to low paid employees with children and is designed to preserve the financial incentive to take-up or remain in employment in circumstances where the employee might be marginally better off in employment than on social welfare payments;
- The back to school clothing and footwear allowance, which provides a one-off payment to assist with the extra costs when children start school each autumn.
On a more general level, the range of child and family income supports raises issues about the effectiveness and the efficiency of the supports provided to families and their children. In 2011, I established an Advisory Group on Tax and Social Welfare, to recommend cost-effective solutions as to how employment disincentives can be improved and better poverty outcomes can be achieved, particularly child poverty outcomes. I am considering the Group’s report on the restructuring of child and family income supports into a more effective and efficient two-tier child and family income support system.
55. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an application for disability allowance in respect of a person (details supplied); and if she will make a statement on the matter. [43848/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 3rd October 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.
56. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when exceptional needs payment will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [43852/13]
Amharc ar fhreagraThis Department has no record of having received an application for an exceptional needs payment from the person concerned. If she wishes to make an application, she should contact her local community welfare service office for details.
59. Deputy Maureen O'Sullivan asked the Minister for Arts, Heritage and the Gaeltacht if he will identify the parties concerned with the operation of the lifting bridge which occupies the site of the original first lock on the Royal Canal Newcomen Bridge, Dublin 1; the factors that contribute to the status of the lifting bridge; if he will convene a meeting of interests concerned with the operation of the lifting bridge with a view to devising a management and operational system that is less hostile to the use of the waterway as it is an impediment and discouragement to navigation on the Royal Canal and an obstacle to navigation-communication between the Royal Canal and River Liffey and between Royal Canal and Grand Canal at their eastern reaches; and if he considers the lifting bridge could be re-engineered as a dropping bridge. [43743/13]
Amharc ar fhreagraI can advise the Deputy that the parties concerned with the operation of the lifting bridge over the railway line close to Newcomen Bridge are Irish Rail and Waterways Ireland. The bridge carries the rail line from Connolly Station to the lower line link to the docks area. The bridge was procured and installed by Waterways Ireland’s predecessors. The bridge is operated by Irish Rail staff on a request basis at Waterways Ireland’s expense. The option of introducing a drop lock to replace the need of the lifting bridge has been considered but not deemed viable due to the cost estimate involved.
60. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cé mhéad plean teanga a aontaíodh gach bliain ó tháinig an tAcht Teanga i bhfeidhm; agus an ndéanfaidh sé ráiteas ina thaobh. [43697/13]
Amharc ar fhreagraTá an t-eolas atá iarrtha ag an Teachta sa tábla thíos.
|
Bliain |
Líon céad scéimeanna daingnithe |
Líon dara scéimeanna daingnithe |
Líon tríú scéimeanna daingnithe |
|
2004 |
1 |
- |
- |
|
2005 |
22 |
- |
- |
|
2006 |
18 |
- |
- |
|
2007 |
29 |
- |
- |
|
2008 |
15 |
- |
- |
|
2009 |
14 |
8 |
- |
|
2010 |
6 |
10 |
- |
|
2011 |
0 |
1 |
- |
|
2012 |
3 |
6 |
- |
|
2013 (go dáta) |
4 |
8 |
1 |
|
Iomlán |
112 |
33 |
1 |
Ní miste a nótáil go gcuimsíonn na scéimeanna seo beagnach 200 comhlacht poiblí a mbíonn teagmháil rialta ag an mhórchuid acu seo leis an bpobal i gcoitinne. Is fiú a nótáil fosta go bhfuil 122 dréachtscéim teanga á n-ullmhú ag comhlachtaí poiblí agus go bhfuil plé gníomhach ar siúl ag oifigigh mo Roinne le roinnt mhaith de na comhlachtaí sin. Tá mé dóchasach go mbeidh toradh dearfach ar an bplé sin agus go mbeidh tuilleadh scéimeanna á ndaingniú go luath dá bharr.
Tá sonraí maidir leis na scéimeanna uilig atá daingnithe go dáta ar fáil ar shuíomh gréasáin Oifig an Choimisinéara Teanga, www.coimisineir.ie.
