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Thursday, 16 Oct 2014

Written Answers Nos. 52-60

Jobseeker's Allowance Eligibility

Ceisteanna (52)

Pearse Doherty

Ceist:

52. Deputy Pearse Doherty asked the Tánaiste and Minister for Social Protection if mortgage repayments are taken into consideration when a means assessment is carried out for jobseeker's allowance; and if she will make a statement on the matter. [39585/14]

Amharc ar fhreagra

Freagraí scríofa

Jobseeker's allowance is a means tested social assistance scheme. For means test purposes, account is taken of the income and assets of the claimant and their spouse or partner including the earnings of the spouse. No account is taken of outgoings such as mortgage repayments, rent or other financial commitments in calculating means for social assistance schemes generally, including jobseeker's allowance.

In relation to mortgages, the Government's priority is to provide an environment where mortgage holders can pay for and stay in their home but, where people have genuine difficulty in meeting their financial commitments, they have a framework to address and resolve that difficulty in an appropriate and fair way having regard to the particular circumstances of the case.

The most appropriate way in which customers experiencing short term mortgage difficulties can be supported is through engagement with their lender under the Mortgage Arrears Resolution Process. Lenders must explore all options for repayment arrangements in order to determine which options are viable for each particular case. These options may include interest only arrangements and deferring payment of all or part of the instalment repayment for a period.

Mortgage Interest Supplement Eligibility

Ceisteanna (53)

Bernard Durkan

Ceist:

53. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the reason for ongoing delay in restoration of a mortgage interest supplement in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [39603/14]

Amharc ar fhreagra

Freagraí scríofa

Following a review, the client was requested, in line with Departmental guidelines, to contact her mortgage provider with a view to restructuring her loan and to inform the Department of the outcome. Following on from Parliamentary Questions raised by you Deputy in May and July of this year, an officer of the Department contacted the client to offer assistance and again requested outstanding documents to be forwarded to the Department. Reminder letters were issued on 6th August, 2014 and 4th September, 2014. The required information remains outstanding.

Question No. 54 withdrawn.

Jobseeker's Allowance Applications

Ceisteanna (55)

Bernard Durkan

Ceist:

55. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the reason jobseeker's allowance was refused in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [39650/14]

Amharc ar fhreagra

Freagraí scríofa

The person concerned made a claim for jobseeker's allowance on 26th May 2014. During the claim process he was requested to provide documentary evidence of how he had supported himself since his last employment terminated in May 2011. The person concerned failed to provide the satisfactory evidence and the deciding officer disallowed his claim. This decision can be appealed by the person concerned to the Social Welfare Appeals Office.

Disability Allowance Applications

Ceisteanna (56)

Bernard Durkan

Ceist:

56. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if and when transfer from jobseeker's allowance to disability allowance may be effected in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [39656/14]

Amharc ar fhreagra

Freagraí scríofa

The application based upon the evidence submitted was refused as the person concerned has means in excess of the statutory limit applied for disability allowance arising from his wife's earnings. The person concerned was notified in writing of this decision on 7 October 2014 and of his right to seek either a review of this decision or appeal directly to the independent Social Welfare Appeals Office.

Jobseeker's Allowance Payments

Ceisteanna (57)

Charlie McConalogue

Ceist:

57. Deputy Charlie McConalogue asked the Tánaiste and Minister for Social Protection if there are any exemptions for persons who are on jobseeker's allowance and who find themselves in hospital for a number of weeks, with the result of their payment being cut off as they were not in a position to sign on; and if she will make a statement on the matter. [39659/14]

Amharc ar fhreagra

Freagraí scríofa

Jobseeker's allowance is payable to a person who satisfies all the conditions for the scheme including being capable of, available for and genuinely seeking work.

Generally a person receiving hospital treatment would not be considered available for work.

A person who finds themselves in this situation and who has insufficient funds to meet their needs can apply for a payment under the supplementary welfare allowance scheme by contacting the Department's nearest Intreo office.

Social Welfare Appeals Status

Ceisteanna (58)

Martin Heydon

Ceist:

58. Deputy Martin Heydon asked the Tánaiste and Minister for Social Protection the position regarding an appeal which is scheduled for an oral hearing in respect of a person (details supplied) in County Kildare; if the oral hearing will be arranged as soon as possible; and if she will make a statement on the matter. [39719/14]

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.

Water Charges Exemptions

Ceisteanna (59)

Mick Wallace

Ceist:

59. Deputy Mick Wallace asked the Minister for Finance his views on a full exemption to the property tax for households that care full time for one or more disabled persons, in view of the fact that such households spend far more time in the home than the general population, such households double as workplaces, and services and payments to persons with disabilities have already been subject to numerous cuts, thereby reducing significantly their disposable income. [39536/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that while there is no specific exemption from Local Property Tax (LPT) for a household that cares full time for one or more disabled persons, a residential property occupied by an individual who is disabled may qualify for a reduction in the market value of the property for LPT purposes. Additionally, where a residential property is occupied by an individual who is permanently and totally incapacitated, the property may be exempt from LPT. These two LPT reliefs are outlined below.

Section 15A of the Finance (Local Property Tax) Act 2012 (as amended) provides for a reduction in the market value for LPT purposes of a residential property that has been adapted for occupation by a disabled person where the adaptation has been grant-aided, or approved for grant aid, by a local authority and where the adaptation increases the market value of the property. The person with the disability must occupy the property as his or her sole or main residence after the adaptation is completed. Under the Disability Act 2005 disability means "a substantial restriction in the capacity of an individual to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment."

Section 10B of the LPT Act provides that an exemption from the charge to LPT may apply to a residential property purchased, built or adapted to make it suitable for occupation by a permanently and totally incapacitated individual as their sole or main residence, where an award has been made by the Injuries Board (formerly known as the Personal Injuries Assessment Board) or a court, or where a trust has been established, specifically for the benefit of such individuals. In the case of adaptations to a property, the exemption only applies where the cost of the adaptation work exceeds 25% of the market value of the property before it was adapted.

Entitlement to the exemption provided for in section 10B will depend on whether the extent of a person's disability is such that they are permanently and totally incapacitated from being able to maintain themselves. "Maintain" in this context means a person's ability to support themselves by earning an income from working. Total incapacity in this context means that the individual is not capable of earning a living from any kind of work. The incapacity must also be permanent, that is, there must be no prospect of the individual recovering, or of the condition improving, to the extent that they become capable of maintaining themselves.

I am also advised that whether households, which care for one or two disabled persons, qualify for relief under section 15A, or for exemption under section 10B, will depend on the facts and circumstances of each case.

The Deputy may be aware that following representations and a review of the reliefs, I announced on 2 May 2014 that I intend bringing forward legislation amending section 15A to remove the requirement that any adaptation work on the residential property must be grant-aided, or has been approved for grant-aid, by a local authority as one of the qualifying conditions for the tax relief. I also intend to remove the requirement, by way of legislation amending section 10B, that a permanent and totally incapacitated person must have benefitted from a Court or Injuries Board award or a public trust fund, to qualify for the exemption.

My officials wrote to the Chairman of the Revenue Commissioners advising her of my intention to retrospectively amend the legislation. In view of this, the Chairman has advised me that Revenue will apply the exemption and the tax relief in line with the proposed revised legislation. The Commissioners have published detailed guidelines which describe how a residential property qualifies for the reduction in market value or the exemption under the new arrangements, and how liable persons should make their application to Revenue. The Guidelines are available on their website at: Guidelines on Local Property Tax Relief For Disabled / Incapacitated Individuals(PDF, 956KB).

Under the new arrangements, applications for the reduction in market value should be made on Form LPT6 (PDF, 1.64MB). Applications for the exemption should be made on Form LPT7 (PDF, 1.61MB) or, where the application concerns a permanently and totally incapacitated child for whom the Department of Social Protection pay a Domiciliary Care Allowance Form LPT8 (PDF, 1.96MB) should be completed. Applications should be sent to the Revenue Commissioners, LPT Branch, PO Box 1, Limerick. I am informed that Revenue will examine each application and may seek additional information if considered necessary before determining whether the person is entitled to a reduction in the market value of the property or to the exemption, whichever one is being claimed.

The Commissioners have also advised that no further action is required where a property previously qualified for the reduction in the market value under the LPT legislation and the liable person declared the reduced valuation when filing the 2013 LPT1 Return. Similarly, no further action is required where a property previously qualified for the exemption and the exemption was claimed when filing the 2013 LPT1 Return. The reliefs will continue to apply for all years up to 2016, inclusive.

I have no plans for the further extension of exemptions in relation to the above issues.

Property Tax Rate

Ceisteanna (60)

Éamon Ó Cuív

Ceist:

60. Deputy Éamon Ó Cuív asked the Minister for Finance his plans to provide a reduction in local property tax rates to householders who live in estates not in the charge of the local authority, in view of the fact that such householders also have to pay fees to private management companies for basic services; and if he will make a statement on the matter. [39695/14]

Amharc ar fhreagra

Freagraí scríofa

The Government decided that a liability to the Local Property Tax (LPT) should apply to all owners of residential property with a limited number of exemptions.  Limiting the exemptions available allows the rate to be kept low for those liable persons who do not qualify for an exemption. A requirement to pay management fees is not relevant in determining liability to the LPT.

Generally, properties in managed estates, to which such fees apply, would have been purchased by their owners in the knowledge that they would be taking on commitments to partake in and to fund the management of the estate, and that it was the intention that many such estates would not be taken in charge by local authorities, nor would it be appropriate for local authorities to do so.  Management fees in these estates generally relate to the maintenance, upkeep and insurance of private property and may, in some instances, include services such as refuse collection and a sinking fund for certain repairs to the buildings which most residential property owners, who do not pay management fees, also have to meet. The provision of a relief for those who pay management fees without regard to the vast bulk of homeowners who have to meet the cost of similar necessities in respect of their own properties would be inequitable. 

Revenue from the LPT accrues to local authorities, and supports the provision of local services.  Local authorities provide a broad range of services in the public realm which benefit the wider community, the proper functioning of which are important for the wellbeing of every community and household.  These include fire and emergency services; road maintenance and cleaning; street lighting; spatial and development planning and other similar services; regulatory and inspection functions and business support services, as well as libraries, parks, and other recreation and cultural public amenities.

I have no plans to provide a reduction in local property tax rates for householders who are liable for both the local property tax and private management fees.

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