Written Answers Nos. 237-253
237. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision on a disability allowance review will issue in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [18297/15]
Amharc ar fhreagraThe application from the person in question was disallowed on 27 March 2015 on the basis that he is deemed unsuitable on medical grounds for the disability allowance scheme.
The person concerned was advised of the option to submit further medical evidence or lodge an appeal directly to the Social Welfare Appeals Office. To date neither option has been exercised.
238. Deputy Terence Flanagan asked the Tánaiste and Minister for Social Protection her views on correspondence (details supplied) regarding the back to school allowance; and if she will make a statement on the matter. [18312/15]
Amharc ar fhreagraThe back to school clothing and footwear allowance (BSCFA) scheme is a non-statutory scheme which provides a once-off payment to eligible families to assist with the costs of school clothing and footwear when children start school each autumn. The Government has provided €44.3 million for the scheme in 2015.
BSCFA was paid in respect of approximately 304,400 children with a total expenditure of circa €42.5 million in 2014, in respect of approximately 324,000 children in 2013 at a cost of €48 million, and in respect of approximately 340,000 children in 2012 at a cost of €65.7 million.
In general, the allowance is payable in respect of eligible children between the ages of 4 and 17 in respect of whom a qualified child allowance is being paid and eligible children between the ages of 18 and 22 who are in full-time second level education and in respect of whom a qualified child allowance is being paid. To qualify for BSCFA a person must meet a number of conditions namely:
- The child must meet the age criteria,
- The applicant must be in receipt of a qualifying payment and getting an increase in that payment for the qualified child (except in certain circumstances),
- The assessable income for the household must be within prescribed limits,
- The applicant and the child (or children) in respect of whom the allowance is claimed must be resident in the State.
In recent years payments of BSCFA have been automated to a substantial number of qualified persons who are not required to apply for the payment. In 2014, over 112,800 (68%) of payments were processed through the automated process. Similar arrangements will be in place for the 2015 scheme. Customers who do not receive notification of an automated payment are required to complete an application form which will be available by mid-June 2015.
239. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Social Protection if a review has been conducted of the maximum rate of rent allowance available by area; if so, when these new rates will become active; the criteria used to determine these rates; and if she will make a statement on the matter. [18325/15]
Amharc ar fhreagraThe Department recently published its review of the rent limits “Maximum Rent Limit Analysis and Findings Report”, and it is available on www.welfare.ie. One of the key messages of the review is that rent supplement continues to play a vital role in housing families and individuals, with the scheme supporting 69,000 people this year at a cost of over €298 million.
Between the rent supplement scheme and the Rental Accommodation Scheme (RAS) administered by the Department of the Environment, Community and Local Government, the State accounts for a third of the private rented market. The State is therefore a very significant player in the sector which has a responsibility not alone to rent supplement recipients but also to the market as a whole, including all those in private accommodation. The review finds that increasing rent limits at this time could potentially add to further rental inflation in an already distressed market, affecting not alone rent supplement recipients, but lower-income workers and students. Increasing limits at a time of constrained supply will yield only a very marginal increase in available supply for rent supplement recipients, with the only certainty that raising limits will increase costs disproportionately for the Exchequer with little or no new housing available to new recipients.
In light of the review's findings, the Department will instead continue to allow for flexibility in assessing customers' accommodation needs through the National Tenancy Sustainment Framework. Under this approach, each tenant's circumstances is considered on a case-by-case basis and rents can be increased above prescribed limits as appropriate. I am satisfied that this is the appropriate response at this time which has assisted in excess of 1,500 rent supplement recipients throughout the country to retain their rented accommodation.
In addition, the Department in conjunction with Threshold operates a Tenancy Sustainment Protocol in the Dublin and Cork city areas where supply is most acute. The primary objective of the Protocol is to ensure a speedy intervention to ensure that families at immediate risk of losing their tenancy get rapid assistance. Of the 1,500 cases referred to above, some 560 Dublin households were supported as a result of the Protocol and 14 in Cork city.
The review clearly points out that the main cause of difficulty for persons renting or seeking to rent at this time is the much reduced availability of affordable private rented accommodation. The issue of supply is being addressed by Government through the Construction 2020 Strategy and the Social Housing Strategy. In addition, my colleague, the Minister for the Environment, Community and Local Government, is considering a number of policy options in relation to achieving greater rent certainty
I am keeping this matter under close review to ensure that the appropriate supports continue to be provided for rent supplement recipients.
240. Deputy Ciara Conway asked the Tánaiste and Minister for Social Protection the position regarding entitlement for disability allowance, clearly citing the relevant legislation and statutory instruments; the reason a person would be refused a disability allowance and have a travel pass withdrawn after receiving a court settlement from the Health Service Executive in a medical negligence case, citing the relevant legislation and statutory instruments; her views on whether this is a fair practice, in view of the fact that other groups and persons who receive compensation do not have the disability allowance withdrawn after settling a case or receiving an award of compensation from the State, taking into consideration that the person concerned still has very considerable needs requiring a high level of care; and if she will make a statement on the matter. [18361/15]
Amharc ar fhreagraDisability allowance (DA) is a means-tested payment for people with a specified disability whose income falls below certain limits and who are aged between 16 and are under 66.
The main legislation relating to DA is contained in Chapter 10 (PART 3) of the Social Welfare Consolidation Act 2005 as amended, and Chapter 5 (PART 3) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), as amended.
The rules as to calculation of means for social welfare purposes are set out in:
- Parts I, II and III of the Third Schedule of the Social Welfare Consolidation Act 2005;
- Chapter 6 of Part 3 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (SI 142 of 2007) as amended; and
- Article 7 of SI 208 of 1991 (Rent Allowance) as amended.
The first €50,000 of a person's capital is exempted for the purposes of the DA means test. Compensation received from certain State tribunals for example the Hepatitis C, HIV, Residential Redress Board, Lourdes Hospital Payment Scheme and the Symphysiotomy Payment Scheme are not included in the calculation of means.
Where a DA customer has weekly means that exceed the statutory limit allowable under legislation for their family size then their allowance must be stopped. This is legislated for in Section 210(1)(c) of the Social Welfare Consolidation Act 2005.
Certain people with a disability who are under age 66 and who permanently live in the State may also qualify for free travel once they are in receipt of a qualifying payment such as DA. When the qualifying scheme is no longer in payment, the person no longer qualifies for free travel.
241. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection if she will reverse the proposed changes to the one-parent family payment; and if she will meet the representatives from the organisation, One Family, which is working directly with one-parent families. [18394/15]
Amharc ar fhreagraExpenditure on the one parent family payment (OFP) scheme is estimated to be €607 million in 2015 with almost 70,000 recipients.
However, despite considerable investment, the scheme has not succeeded in preventing lone parents from being significantly more at risk of consistent poverty than the population as a whole.
In 2004, at the height of the economic boom, lone parents were more than four and a half times at risk of consistent poverty than the population as a whole. Before the reforms to the scheme, lone parents could have been on the scheme until their youngest child turned 18, or 22 if they were in full-time education.
This is why I believe that the reforms I have introduced are much needed as they are moving us away from providing passive income support over a long period towards an active, engagement approach.
The reforms seek to address the long-term social welfare dependency and poverty experienced by many lone parents by providing them with improved access to the Department's range of education, training, and employment supports. Access to these services and supports is imperative for lone parents, in order to ensure that their prospects of securing employment and financial independence are improved.
Any reversal of these reforms would delay this critical interaction between lone parents and the Department's Intreo services and would potentially increase the barriers they face to entering employment in the future.
I therefore have no plans to reverse the forthcoming changes to the one parent family payment.
Officials in my Department regularly brief and meet with lone parent representative groups to discuss the on-going one-parent family payment scheme age change reform process. With regard to One Family, it should be noted that they have been invited to and attended several information seminars in respect of the forthcoming one-parent family payment reforms. Furthermore, my Departmental officials are in regular communication with One Family's Information Officer and they have answered all queries that have been submitted to the Department to date.
My officials will also be meeting with One Family later this month to further discuss the reforms to the one-parent family payment.
In addition I will meet with One Family as part of the pre-budget consultation.
242. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Social Protection if she is aware of the case of a person (details supplied) in Dublin 1 who is currently awaiting back-payments of disability allowance; and the length of time it will be before these payments are received. [18421/15]
Amharc ar fhreagraDisability allowance arrears will issue to the person in question in the next few days.
243. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Social Protection the number of agencies, quangos or other bodies within her Department, funded by or established by her Department which have been scrapped, merged or reduced since this Government was formed; the amount saved in each case; the reduction in staff as a result; and if she will make a statement on the matter. [18440/15]
Amharc ar fhreagraThe statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Authority, the Pensions Council, the Pensions Ombudsman (which does not have a Board) and the Social Welfare Tribunal.
The Public Service Reform Programme provided for a critical review of the integration of the regulatory functions of the Pensions Authority with the Financial Regulator and the merging of the Pensions Ombudsman with the Financial Services Ombudsman. Recommendations arising out of the Critical Review on the Pensions Authority to be implemented were approved by Government in April 2013 and provided for in the Social Welfare and Pensions Act, 2013.
In relation to the Pensions Board, the following changes were approved:
- Oversight of the then Pensions Board to be undertaken by a three person body called the Pensions Authority consisting of a Chairperson, an official from the Department of Social Protection and an official Department of Finance, replacing the 17 person Board. This was put in place in early 2014.
- The Pensions Board was renamed the Pensions Authority to reflect its key role of safeguarding the pensions of occupational pension scheme members and the provision of information on occupational pensions.
- A separate unpaid Pensions Council was established to advise me and the Department on matters of pension policy and give consumers greater input. The Pensions Council was appointed on the 3 February 2015, and its first meeting took place on 25 March 2015. Its membership ensures that the relevant skills, knowledge and experience are available to provide the required advice and information in the development of pensions policy.
There is no net cost to splitting the functions of the Pensions Board, and there is anticipated to be a small saving as membership of the Pensions Council and the ordinary members of the Board of the Pensions Authority are not remunerated, unlike the previous ordinary members of the Pensions Board. However, as the Pensions Board was funded by means of a levy on the pensions industry, as are the activities of the Pensions Authority now, no costs or savings arise for the Exchequer. There was no reduction in staff levels in the Pensions Authority as a result of the approved changes.
The process of merging the Pensions Ombudsman with the Financial Services Ombudsman is underway. This work is advancing under an Inter-Departmental Steering Group chaired by the Department of Finance, with the participation of officials from the Department of Social Protection, the Department of Public Expenditure and Reform, and the offices of the two Ombudsmen. Preparations are being made for the offices to be co-located later this year, and it is hoped that the legislative changes required for a formal merger will be proposed by the Minister for Finance later this year. No significant savings are expected in advance of the full merger.
244. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 60 of 25 February 2015, the reason deed poll documentation signed by a solicitor is not sufficient for issuing a new personal public service number card; the reason such documentation must be registered with the High Court and a fee paid before it is deemed valid for the purposes of issuing a new personal public service number card; and if she will reconsider the current instructions issued by her Department on the matter and allow for deed poll documentation signed by a solicitor to suffice for the purposes of issuing a new personal public service number card. [18444/15]
Amharc ar fhreagraGenerally, the accepted method for notifying this Department of a change of name is through provision of evidence of "use and repute". Evidence of over two years of usage of the new name is required via presentation of two documents such as a driver's licence, a college identification card, a school report, a pay slip, utility bills, bank statements or official correspondence from a public or private sector organisation.
In some cases, there may be a pressing need to change a name with immediate effect. This can be executed through a deed poll which is a signed declaration by a person that binds them to a particular course of action from the date of signing. A deed poll for a change of name contains declarations that a person is abandoning the use of their old name.
There is no requirement to enrol a deed poll in the Central Office of the High Court in order for the deed poll to have a legal significance. However, the enrolment of a deed poll in the Central Office places a change of name on a publicly accessible record. In addition, enrolling the deed poll means that a record of the change of name is preserved for future identification and a certified copy of the original enrolled deed poll can be obtained, if required.
From the Department's perspective, enrolment in the High Court where a publicly accessible record is preserved provides a level of public proof of the change of name to be acceptable as an alternative to evidence of “use and repute” over two years.
245. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection when a decision will issue on a carer's allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18455/15]
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 convene an oral hearing in this case.
Every effort will be made to hear the case as quickly as possible and the person concerned will be informed when arrangements for the oral hearing have been made.
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.
246. Deputy Joe Costello asked the Tánaiste and Minister for Social Protection the State boards, bodies or committees on which vacancies currently exist, or on which vacancies are anticipated to arise, up to and including 1 January 2016; the number of vacancies in each case; when the vacancy arose or will arise; if the vacancy relates to a chair or a member; if she will provide details of the appointment process in each case; and if she will make a statement on the matter. [18476/15]
Amharc ar fhreagraThe statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Authority, the Pensions Council, the Pensions Ombudsman (which does not have a Board) and the Social Welfare Tribunal.
The Citizens Information Board
There are currently nine vacancies on the Citizens Information Board including that of Chairperson. Eight vacancies arose in March 2015 (including Chairperson) due to the expiration of existing terms of appointments. Two of these vacancies were filled by way of the re-appointment of existing members. A vacancy arose in May 2014 and two vacancies arose in March 2012. A further vacancy will arise in December 2015.
The Board can sit up to 15 members. Arrangements will be made with the Public Appointments Service to publicly seek expressions of interest for the vacancies which will be filled in accordance with the legislative provisions and the Guidelines on Appointments to State Boards issued in November 2014.
The Pensions Authority
It is anticipated that there will be one vacancy in the period up to 1 January 2016. The appropriate appointment process under the guidelines on appointments to State Boards will be undertaken in advance of the vacancy arising.
The Pensions Council
The Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 provided for the establishment of the Pensions Council. The Act provides that the Pensions Council will be comprised of:
- A chairperson,
- One member nominated by the Minister as a representative of the Department of Social Protection,
- The Pensions Regulator (formerly called the chief executive of the Pensions Board),
- One member nominated by the Minister for Finance as a representative of the Central Bank,
- One member nominated by the Minister for Public Expenditure and Reform as a representative of the Department of Public Expenditure and Reform,
- Not fewer than 4, and not more than 8, other members each of whom the Minister considers to have the relevant skills, specialist knowledge, experience or expertise to enable him or her to carry out his or her functions under this Act.
The required members of the Pensions Council have been appointed, including 7 “other members” and there are no existing or anticipated vacancies anticipated at this time.
Social Welfare Tribunal
The Board of the Social Welfare Tribunal Board currently has no vacancies. The Board is appointed for a 3 year term which will end on 4 Oct 2015 and 5 vacancies will arise. A new Board will be appointed from 5 Oct 2015.
The Board consists of a Chairperson and four ordinary members, two of whom are nominated by the Irish Congress of Trade Unions (ICTU) and two by the Irish Business Employer Confederation (IBEC). The Chairperson is sourced by the Department of Social Protection by way of a recommendation from the Labour Court with regard to a particular candidate's suitability.
The Department requests that nominations are in accordance with the Government's Gender Balance Policy.
249. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection if she will provide the indicative cost of each €1 change in the personal rates of jobseeker's benefit, jobseeker's allowance, maternity and adoptive benefit, carer's allowance, farm assist, back to work allowance, back to education allowance, community employment, Tús – work placement initiative, JobBridge, and one-parent family payment; and if she will make a statement on the matter. [18533/15]
Amharc ar fhreagraThe estimated full year cost in 2016 of a €1 per week increase in the rates of payment for the schemes in question only is detailed in the table. It should be noted that these costs include the cost of proportionate increases for qualified adults.
|
Scheme |
Full Year cost of €1 per week increase (proportionate increase in the Qualified Adult rate of payment) €m |
|
Jobseeker's Benefit |
2.3 |
|
Jobseeker's Allowance |
13.1 |
|
Maternity & Adoptive Benefit |
1.1 |
|
Carer's Allowance |
2.4 |
|
Farm Assist |
0.65 |
|
Back to Work Allowance |
0.45 |
|
Back to Education Allowance |
1.0 |
|
Community Employment |
1.5 |
|
Tús |
0.5 |
|
JobBridge |
0.3 |
|
One Parent Family Payment |
2.7 |
These costings are subject to change over the coming months in the context of emerging trends and associated revision of the estimated numbers of recipients for 2016.
250. Deputy Áine Collins asked the Tánaiste and Minister for Social Protection when self-referral will be introduced by her Department in respect of participants in the Tús – work placement initiative. [18547/15]
Amharc ar fhreagraTús, the community work placement initiative, was established to provide short-term, quality work opportunities for those who are unemployed for more than a year. The selection is focused on those on the live register for a year or more and in receipt of a jobseekers' payment who have more limited job or work placement opportunities. One key feature of Tús is that selection is undertaken by random processes conducted at local level by the Department of Social Protection. The Tús initiative has been developed to allow for an assisted referral process for up 20% of participants. This will facilitate jobseekers to apply to be considered for recruitment to the initiative. In such cases the application from eligible jobseekers will be mediated through a Case Officer in the Department.
Tús is one of a number of interventions my Department funds and manages to enable the attainment of the priorities established by the Government in Pathways to Work. Community employment, Gateway and JobBridge also operate on a self-referral basis whereby a person who is unemployed can apply to participate.
Advice on the opportunities across a range of work placement, internships, self-employment, training and educational supports and options can be accessed via the Department's offices and Intreo service and further information is available on the Department's website – www.welfare.ie.
251. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if the availability of jobseeker's allowance upon retirement at 65 years of age applies in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18548/15]
Amharc ar fhreagraThe person concerned may have the necessary number of PRSI contributions to apply for Jobseeker's Benefit (JB). A decision on eligibility can be made by the Department once an application has been received. In cases where a person does not qualify for JB an application for Jobseeker's Allowance, which is a means tested payment, may be made.
252. Deputy Jim Daly asked the Tánaiste and Minister for Social Protection the status of an application for invalidity pension in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18556/15]
Amharc ar fhreagraInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
To qualify for IP a claimant must, inter alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last complete contribution year before the date of their claim. Only PRSI classes A, E or H contributions are reckonable for IP purposes.
The Department received a claim for IP for the person concerned on 8 April 2015. The person concerned was refused IP on the grounds that the contribution conditions for the scheme are not satisfied. He was notified on 21 April 2015 of this decision, the reason for it and of his right of review and appeal.
253. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection when a decision will be made on an invalidity pension review in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18571/15]
Amharc ar fhreagraInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The Department received a claim for IP for the person concerned on 26 February 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. He was notified on the 22 April 2015 of this decision, the reasons for it and of his right of review and appeal. As the person concerned has appealed the decision to the independent Social Welfare Appeals Office (SWAO), a submission is being prepared by the Department and will be forwarded to the SWAO for determination.
The SWAO will be in touch with the person in question in due course in relation to the progress of their appeal.
