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Wednesday, 15 Apr 2015

Written Answers Nos. 111 - 126

Departmental Bodies Establishment

Ceisteanna (111)

Terence Flanagan

Ceist:

111. Deputy Terence Flanagan asked the Tánaiste and Minister for Social Protection the persons who have been appointed to the interdepartmental group on auto-enrolment; the external bodies or persons who are, or will be, consulted on the matter; the group's objectives and time frame; if she will publish the minutes of its meetings; the budget that has been allocated for research; and if she will make a statement on the matter. [14761/15]

Amharc ar fhreagra

Freagraí scríofa

In line with the Statement of Government Priorities, the Government recently decided to proceed with work to develop a roadmap and timeline for the introduction of a new, universal, supplementary workplace retirement saving scheme. The development of this roadmap will be progressed by a Universal Retirement Savings Group (URSG). The broad role of the group is to consider the constituent factors involved in constructing an efficient and effective universal retirement savings system and to bring a recommendation for Government consideration in the form of a scheme roadmap and estimated timeline for introduction. It is hoped to have this work completed by the end of 2015.

The URSG is chaired by the Department of Social Protection and comprises officials at Assistant Secretary level or equivalent from the Departments of the Taoiseach, Finance, Public Expenditure and Reform, and Jobs, Enterprise and Innovation, and from the Office of the Revenue Commissioners, the Pensions Authority, the National Treasury Management Agency and the Central Bank of Ireland. Membership also includes senior international representatives from the UK’s Department for Work and Pensions and the OECD who bring significant expertise in designing, delivering and assessing supplementary pension systems. The Group is being supported by the Pensions Policy Unit in the Department of Social Protection.

Two meetings of the URSG have taken place to date. As the Group is managing the deliberative process which will underpin the development of the roadmap, material relating to deliberations will be available after consideration by Government.

In addition to developing the roadmap, there may be a need to undertake separate and supporting research and analysis to ensure the coherency, feasibility and cost effectiveness of any plan to introduce what will be the most far reaching and progressive reform to pensions policy in recent history. The budget availability for this research will be informed by the research requirements identified by the URSG.

In undertaking specific or specialised areas of its work programme the Group will consult with and invite submissions from various sectorial interests such as the pensions industry, representatives of employers, trade unions and consumer/interest groups. The consultation process will also include an open invitation for written submissions from any parties with an interest in this area.

Occupational Injuries Benefit Applications

Ceisteanna (112)

Ruth Coppinger

Ceist:

112. Deputy Ruth Coppinger asked the Tánaiste and Minister for Social Protection the reason for the delay in a person (details supplied) in Dublin 15 receiving an occupational injury benefit. [14786/15]

Amharc ar fhreagra

Freagraí scríofa

The person concerned applied for occupational injury benefit on 28 January 2015 with effect from 20 January 2015.

Award of the claim was delayed as the claimant was a dependant on her spouse’s state pension contributory claim. To ensure that the person concerned got the best financial outcome it was necessary to check with the pensions section the rate of payment she was in receipt of to pay the higher of the two schemes. The amount which she would receive by way of occupational injury benefit was greater than the qualified adult dependant amount paid on her spouse’s state pension so she was awarded the latter. Details of the amount paid on spouse’s state pension contributory claim since January were then sought so that any arrears due could be calculated. These details have now been received and payment of arrears of occupational injury benefit due including this week’s payment have issued to her bank account.

Delays in replying to emails on the dedicated email address are regretted and steps have been put in place to ensure prompt responses in the future.

Question No. 113 withdrawn.

Social Welfare Appeals Status

Ceisteanna (114)

Michael Ring

Ceist:

114. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection the decisions made on appeals in respect of a person (details supplied) in County Mayo, following a recent oral hearing; and if she will make a statement on the matter. [14818/15]

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 appeals 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.

Carer's Allowance Appeals

Ceisteanna (115)

Michael Healy-Rae

Ceist:

115. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding an appeal of a decision under the carer's allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [14827/15]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5 December 2014. 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 on 27 February 2015 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.

Question No. 116 withdrawn.

Back to Work Family Dividend Scheme Administration

Ceisteanna (117)

Clare Daly

Ceist:

117. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection the reason for the delay in passing legislation to give effect to the back-to-work family dividend; her plans to alleviate the situation for those families who are awaiting the payment and expecting it to be delivered in April 2015. [14842/15]

Amharc ar fhreagra

Freagraí scríofa

As announced in Budget 2015, the back to work family dividend (BTWFD) scheme aims to help families to move from social welfare into employment. It will give financial support to people with children who were getting jobseeker and one-parent family payments and who take up employment, increase their hours of employment or become self-employed.

The BTWFD provides support for up to two years after a person moves from social welfare into employment. If a person qualifies for the dividend they will get a weekly payment equivalent of any increases for qualified children that were being paid on their jobseeker or one-parent family payment, up to a maximum of 4 children, for the first year in employment. Half that amount will be paid weekly for their second year in employment. Where payable the dividend will be additional to any entitlement the family may have under the family income supplement (FIS) scheme.

The BTWFD scheme will commence when the necessary legislation, to be advanced under the Social Welfare (Miscellaneous Provisions) Bill 2015, is in place. However applications are currently being accepted. These will be processed following the progression of the legislation and all eligible claims will be backdated to their date of application. This means that eligible applicants from the 5th of January, 2015 to the date of commencement of the scheme will receive arrears of BTWFD and their 2 year period of entitlement, subject to scheme criteria, will run from their date of application.

While it was originally envisaged that the Bill would be enacted during April, 2015, it is now due to be enacted in early May, 2015. Eligible applicants, who will be in employment or self-employment, will still get their full entitlement under the scheme.

Respite Care Grant Applications

Ceisteanna (118)

Willie O'Dea

Ceist:

118. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the reason for the refusal of a respite care grant for 2014 in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [14859/15]

Amharc ar fhreagra

Freagraí scríofa

The Respite Care Grant is paid automatically to people in receipt of Carer’s Allowance, Carers Benefit, Domiciliary Care Allowance or Prescribed Relative’s Allowance. Carers who are not in receipt of one of the above payments, may qualify for the stand alone Grant, subject to satisfying certain conditions.

One of these conditions is that the carer provides the ill person with full-time care and attention for a continuous period of at least 6 months. This care period must include the due date of the Grant – the 1st Thursday in June of the year in question. During this time the carer cannot be in receipt of a Jobseeker’s payment or sign for Jobseeker’s credits.

The person concerned was in receipt of Jobseeker’s Allowance from March 2014 until 24th July 2014, when he was awarded Carer’s Allowance. His application for the 2014 Grant was accordingly refused. A written decision, with right of appeal was sent to him on 10 March 2015.

Jobseeker's Allowance Applications

Ceisteanna (119)

Michelle Mulherin

Ceist:

119. Deputy Michelle Mulherin asked the Tánaiste and Minister for Social Protection the reason for a refusal of a jobseeker's allowance in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [14864/15]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that the person concerned was refused jobseeker’s allowance by a Deciding Officer of the Department on the grounds that he was not available for full-time work and was not genuinely seeking full-time employment. The appeal by the person concerned was referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

One-Parent Family Payment Payments

Ceisteanna (120)

Aengus Ó Snodaigh

Ceist:

120. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection the cuts made to the one-parent family payment from 2008 to 2015; and if she will provide a breakdown identifying the budget measure giving rise to each. [14876/15]

Amharc ar fhreagra

Freagraí scríofa

The expenditure on the one-parent family payment (OFP) scheme in 2008 was €1,067 million, having risen from €480 million in 2000. The estimated expenditure for the scheme in 2015 is €607 million. The majority of this reduction can be attributed to lone parents on foot of the OFP age reforms, transitioning from the OFP scheme onto another social welfare payment such as jobseeker’s allowance, where there would be proportionate expenditure increases due to the inflow from former OFP recipients.

The table lists the changes that have been made to the one-parent family payment (OFP) scheme since 2010.

Measure

Source

Implementation

Increase in the weekly personal OFP rate from €197.80 to €204.30

Budget 2009

January, 2009

Increase in the weekly Increase for Qualified Child from €24 to €26

Budget 2009

January, 2009

Reduction of the weekly personal OFP rate from €204.30 to €196

Budget 2010

January, 2010

Increase in the weekly Increase for Qualified Child from €26 to €29.80

Budget 2010

January, 2010

Reduction of the weekly personal OFP rate from €196 to €188

Budget 2011

January, 2011

Reduction of the maximum age threshold of the OFP scheme from 18 years (or 22 years if in full-time education) to 14 years

Social Welfare (Miscellaneous Provisions) Act, 2010

27 April, 2011

Reduction of the weekly OFP scheme income disregard from €146.50 to €130

Budget 2012

January, 2012

Abolition of the OFP scheme transitional payment

Budget 2012

January, 2012

Implementation of the first phase of the OFP scheme age change reforms (18, 14, and 12 years)

Budget 2012

3 May, 2012

Reduction of the weekly OFP scheme income disregard from €130 to €110

Budget 2012

January, 2013

Implementation of the second phase of the OFP scheme age change reforms (17, 12, and 10 years)

Budget 2012

4 July, 2013

Reduction of the weekly OFP scheme income disregard from €110 to €90

Budget 2012

January, 2014

Implementation of the third phase of the OFP scheme age change reforms (16, 10, and 7 years)

Budget 2012

3 July, 2014

Implementation of the final phase of the OFP scheme age change reforms (7 years)

Budget 2012

2 July, 2015

Domiciliary Care Allowance Data

Ceisteanna (121)

Thomas P. Broughan

Ceist:

121. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection the number of applications for domiciliary care allowance received by her Department in 2013, 2014 and to date in 2015; the number, in tabular form, that were approved, refused and are pending. [14885/15]

Amharc ar fhreagra

Freagraí scríofa

The number of DCA applications received, processed and awarded in the years 2013, 2014 and to date in 2015 is detailed in the table. There were 1,423 applications pending decision at the end of March 2015.

Table: Domiciliary Care Allowance applications

Year

Applications received

Applications processed

Allowed by Deciding Officer

Allowed on Appeal

Total allowed and as % of processed

2013

4,829

4,404

2,444

808

3,252 (73%)

2014

5,743

5,166

3,797

648

4,445 (86%)

2015 to end March

1,427

1,232

811

107

918 (74%)

Semi-State Bodies

Ceisteanna (122)

Billy Timmins

Ceist:

122. Deputy Billy Timmins asked the Tánaiste and Minister for Social Protection if she will provide a list of the semi-State commercial companies under her control; the policy of a dividend payment to the Exchequer from each company; the dividend paid by each company to the Exchequer for each year from 2000 to 2014; and if she will make a statement on the matter. [14970/15]

Amharc ar fhreagra

Freagraí scríofa

There are no semi-State commercial companies operating under the aegis of the Department of Social Protection.

Disabled Drivers and Passengers Scheme

Ceisteanna (123)

Timmy Dooley

Ceist:

123. Deputy Timmy Dooley asked the Minister for Finance if he will review the disabled drivers value added tax and vehicle registration tax refund scheme to ensure it reflects the real cost involved in changing a car, on the grounds that the scheme has not been reviewed for many years; and if he will make a statement on the matter. [13991/15]

Amharc ar fhreagra

Freagraí scríofa

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, assistance with fuel costs, and an exemption from Motor Tax.

Under the Scheme, a citizen can claim remission or repayment of VRT, repayment of VAT on the purchase of a vehicle and repayment of VAT on the cost of adapting a vehicle, up to a maximum of €9,525 for a driver with a disability and €15,875 for a passenger with a disability.

As the Deputy will be aware, these maxima have remained unchanged since 1994. However, in 2013 the majority of beneficiaries of the Scheme were refunded the entirety of the tax content of their vehicle.

I can inform the Deputy that my officials keep this aspect of the Scheme under constant review, with a view to ensuring a balance between protecting scarce Exchequer resources and ensuring that the Scheme meets its objective of improving the quality of life of persons with severe and permanent disabilities.

Tax Code

Ceisteanna (124)

Patrick O'Donovan

Ceist:

124. Deputy Patrick O'Donovan asked the Minister for Finance the tax position in relation to farmers who add their son or daughter to their herd number; and if he will make a statement on the matter. [14510/15]

Amharc ar fhreagra

Freagraí scríofa

I understand that this question may relate to the new EU Basic Payment Scheme for farmers. I am informed, in that context, that where an application for the Basic Payment Scheme entitlements is made in respect of a herd number which is in joint names that any entitlements awarded will be owned in those joint names. Given that understanding, I am informed by the Revenue Commissioners that the correct tax treatment in relation to a farmer who has added his or her son or daughter to his or her herd number can only be determined by reference to the specific terms and conditions agreed between the parties and in the absence of this information it is not possible to give a definitive answer.

However, in general, where for example a parent permits a herd number to be held in joint names with a son or daughter this will be treated as a disposal by a parent of his or her entitlements under the Basic Payment Scheme. An entitlement is a chargeable asset for Capital Gains Tax purposes.  Accordingly, any chargeable gain arising on the disposal of such entitlements is ordinarily liable to Capital Gains Tax. The first €1,270 of any gain is exempt from Capital Gains Tax. Where the gain exceeds that amount, Capital Gains Tax will only be charged on the amount in excess of €1,270. The current rate of Capital Gains Tax is 33%. There may also be a Gift Tax implication arising on the disposal of the entitlements but there is a tax-free threshold of €225,000 available on disposals between a parent and a son or daughter. In addition, there is an annual €3,000 exemption and, should any Capital Gains Tax be payable on the disposal of the entitlements, the Capital Gains Tax paid is available as a credit against any Gift Tax liability arising as both the Capital Gains Tax and Gift Tax liabilities arise on the same event.

International Bodies Membership

Ceisteanna (125)

Pearse Doherty

Ceist:

125. Deputy Pearse Doherty asked the Minister for Finance his plans for Ireland to join the Asian Infrastructure Investment Bank; and if he will make a statement on the matter. [13889/15]

Amharc ar fhreagra

Freagraí scríofa

I understand that a Memorandum of Understanding to launch the Asian Infrastructure Investment Bank (AIIB) was signed by China and 20 other Asian countries in October 2014.  According to the Chinese authorities, the AIIB will be an inter-governmental regional development institution with headquarters in Beijing and an initial subscribed capital of around USD 50 billion, established to finance infrastructure investments in the region. It is expected that the Prospective Founding Members will complete the signing and ratification of the Articles of Agreement and that the AIIB will be formally established by the end of 2015. 

Although economic growth rates have moderated since the global financial crisis, there are many opportunities and challenges associated with the impressive economic performance of countries in the Asian region.  We are also aware from our engagement with other multilateral development banks of the significant developmental and infrastructural challenges facing developing countries in Asia.

Although no formal approach has been made by the Chinese authorities, the question of participation by Ireland in the AIIB, should the opportunity arise, would be a matter for decision by Government after an overall assessment of the matter and in the light of Ireland's membership of other multilateral development banks.  The issue is under ongoing consideration by my Department in consultation with the Department of Foreign Affairs and Trade taking account of geopolitical, economic, financial and governance issues.  At this stage, no decisions have been taken or proposed in the matter.

Tax Code

Ceisteanna (126)

Brendan Griffin

Ceist:

126. Deputy Brendan Griffin asked the Minister for Finance if operators of the new local area hackney service are obliged to pay income tax on their earnings from the hackney service; and if he will make a statement on the matter. [13893/15]

Amharc ar fhreagra

Freagraí scríofa

Income or profits earned from carrying on a trade in Ireland, which would include operating a local area hackney service, are taxable in Ireland.  In that respect, these profits are no different to any other income or profits earned in the State.

If the operator of a local area hackney service also has income which is taxed through the PAYE system, and earns less than €3,174 in other income such as those profits, then that operator can choose to pay any tax due through the PAYE system.  However, if the operator has no PAYE income, of if the operator's non-PAYE income exceeds €3,174, then the operator is a "chargeable person" for the purpose of the Tax Acts.  Being a chargeable person means that the operator must file an annual tax return, and pay both preliminary tax and final tax each year as appropriate. 

From 2nd August 2004 a taxi, wheelchair accessible taxi, hackney or limousine licence or a licence to drive such vehicles will not be granted or renewed unless the applicant produces to the licensing authority a Tax Clearance Certificate issued by Revenue under Section 1095 of the Taxes Consolidation Act 1997.

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