Written Answers Nos. 200 - 215
200. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an application for carer's allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [20143/15]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance from the person in question on the 4th March 2015. The application was awarded on 13th May 2015 and the first payment is due to issue to the post office on 4th June 2015. Any arrears of allowance due (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The person in question was notified of this decision on the 13th of May 2015.
201. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection her views on correspondence (details supplied) regarding a submission; the action she will take to make preventative support items available or her plans to provide same; and if she will make a statement on the matter. [20182/15]
Amharc ar fhreagraThe Department of Social Protection does not provide funding in this area. Personal alarms are funded under the Senior Alert Scheme from the Department of the Environment, Community and Local Government. In reference to the additional details supplied, Garda resources are a matter for the Department of Justice and Equality.
202. Deputy Martin Heydon asked the Tánaiste and Minister for Social Protection if an appeal for invalidity pension in respect of a person (details supplied) in County Kildare will be processed; and if she will make a statement on the matter. [20199/15]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11 August 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 14 April 2015 and were 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.
203. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 68 of 6 May 2015, if she will consider changing the rules governing a scheme (details supplied) to allow deposits from compensation due to medical or State negligence to be disregarded for the means testing process; and if she will make a statement on the matter. [20202/15]
Amharc ar fhreagraSocial welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person for social assistance schemes, including Disability Allowance.
The compensation awards disregarded include all income derived from compensation awarded by the Hepatitis C and HIV Compensation Tribunal, by the Residential Institutions Redress Board and in relation to disability caused by Thalidomide. Any payment made by the Residential Institutions Statutory Fund Board is also disregarded for social welfare means test purposes.
In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries or through the Symphysiotomy Payment Scheme are also disregarded.
All other compensation or court awards which are not provided for in social welfare legislation are assessed in the normal manner.
As noted in the previous PQ response, the Disability Allowance means test allows for a disregard of the first €50,000 of a claimant’s capital, which is the most generous capital disregard of all the social assistance schemes.
There are currently no plans to make any changes to the legislation in this regard. Any such change would have to be considered in a budgetary context.
204. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection if the threat of legal action will be withdrawn in the case of a person (details supplied) in County Carlow; if an oral hearing will be arranged in order that the person can explain his circumstances at first hand; if consideration will be given to the hardship that will be caused in his case should her Department pursue the matter, in view of the fact that the person is already paying €200 per month in maintenance; and if she will expedite an early and positive outcome to this case, thus saving her Department and the person in question unnecessary legal costs. [20215/15]
Amharc ar fhreagraIn every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether he or she is in a financial position to contribute towards the cost of the one-parent family payment, in accordance with Sections 345 & 346 (1) of the Social Welfare Consolidation Act 2005, as amended.
In the case referred to by the Deputy, the liable relative was first contacted by the Department in 2011 regarding his financial ability to contribute to a one-parent family payment being paid by the Department to the mother of his child. In line with Regulations, liability was assessed at €100.00 per week. As the liable relative was already paying €50.00 per week, this resulted in an additional liability of €50.00 per week. On providing supplementary information, the liable relative’s liability was re-examined; however liability remained at €100.00 per week. A determination order was issued seeking the additional €50 per week.
While the liable relative appealed the decision to the Chief Appeals Office, his appeal was disallowed. The Department has been corresponding with the liable relative, through his solicitor, since the appeal disallowance. During that time, there has been no indication that the liable relative intends to discharge his full liability or increase his current level of maintenance payments, although his weekly net earnings have increased.
Non-compliance with a determination order can result in a prosecution. However, the liable relative should contact the Department directly to advise if he intends to discharge his liability by increasing his current level of maintenance payments or if his circumstances have changed, he can request that his case be re-examined.
205. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 55 of 30 April 2015, if equality legislation is being observed in cases where separation or divorce has occurred and the family home is divided as per a decision of the courts, and where one party remains in the family home on foot of such a decision and does not have means assessed against them in respect of a means-tested payment, while the other party receives a cash settlement in lieu of entitlement to the family home, but has means assessed against them for rent supplement purposes; and if she will make a statement on the matter. [20251/15]
Amharc ar fhreagraThe Department operates a range of statutory means tested schemes where, in order to qualify for the social assistance payment, the claimant must satisfy a means test. The means tests takes account of the income a person or couple has in terms of cash, property (other than the home) and capital. The combination of the means test and awarding differentiated rates of payment is premised on ensuring that social welfare payments are paid to those most in need.
Rent supplement, administered under the Supplementary Welfare Allowance scheme (SWA), is a statutory means tested scheme which is payable at differentiated rates of payment taking into account the applicant’s means and accommodation requirements. Rent supplement may be payable where a person is in need of accommodation and unable to provide it from their own resources.
If the Deputy is referring to a particular case he should provide the details to the Department so all the facts can be fully considered.
206. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an application for carer's allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [20253/15]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance from the person in question on the 20th March 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
207. Deputy Seán Kenny asked the Tánaiste and Minister for Social Protection the status of an application for carer’s allowance in respect of a person (details supplied) in Dublin 17. [20254/15]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance from the person in question on the 21st January 2015. The person concerned was refused carer’s allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. She was notified on the 9th of April 2015 of this decision, the reason for it and of her right of review and appeal.
The person concerned has requested a review of this decision and has said that she will send to the Department some additional evidence in support of her application. Once further evidence in support of the application has been received the claim will be reviewed and the person concerned will be notified directly of the outcome.
208. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an appeal in respect of a jobseeker's allowance by a person (details supplied) in County Tipperary will be finalised; and if she will make a statement on the matter. [20270/15]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 12 May 2015, 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.
209. Deputy Róisín Shortall asked the Tánaiste and Minister for Social Protection the basis for the refusal of disability allowance in respect of a person (details supplied) in Dublin 9 who suffers from Asperger's syndrome. [20278/15]
Amharc ar fhreagraThe application for disability allowance (DA), based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 8 September 2014. On foot of further medical evidence submitted by the applicant, a deciding officer (DO) reviewed this decision. After giving due consideration to all the evidence in the case, the DO upheld the original decision and the person concerned was notified of this on 19 March 2015.
The person in question was given the option of appealing this decision directly to the Social Welfare Appeals Office within 21 days. No appeal was received.
It is open to the person in question to make a new application for DA if he believes that he satisfies the qualifying conditions.
210. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Social Protection the cost of increasing the back-to-education allowance to €188 for persons under 26 years of age. [20299/15]
Amharc ar fhreagraThe Back to Education Allowance (BTEA) provides income support for jobseekers and others in receipt of certain social welfare payments that pursue courses of education at second or third level. The value of the BTEA weekly payment is equivalent to the weekly rate on the underlying qualifying payment, except in the case of jobseekers who are on an age-related jobseeker allowance payment. Jobseekers who on such payments receive a weekly payment of €160 if approved for BTEA, subject for any deductions for means.
The Department estimates that some 6,000 jobseekers are currently in receipt of an age-related BTEA payment. The cost of increasing the rate of the allowance from €160 to €188 per week (an increase of €28 per week for each affected participant) would be of the order of €6.6m per year.
211. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision on invalidity pension will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [20313/15]
Amharc ar fhreagraThe person concerned has been awarded invalidity pension with effect from the 24 July 2014. Payment will issue to his nominated bank account on 11 June 2015. Any arrears due from 24 July 2014 to 10 June 2015 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The person in question was notified of this decision on 22 May 2015.
212. Deputy Micheál Martin asked the Tánaiste and Minister for Social Protection the entitlements available for participation in activation programmes by unemployed persons who are excluded from the live register. [20352/15]
Amharc ar fhreagraGiven the scale of unemployment levels, the key objective of activation policy and labour market initiatives is to offer assistance to those most in need of support in securing work and achieving financial self-sufficiency. This policy objective prioritises scarce resources to those in receipt of qualifying welfare payments – Jobseeker’s Benefit or Jobseeker’s Allowance – that are conditional on the recipient being actively seeking and available for employment, as well as, in the case of Jobseeker’s Allowance, meeting a means test. The employment services and schemes provided by the Department are focused in the first instance on this cohort of unemployed people.
Many services are available to the unemployed who are not in receipt of a social welfare payment. For example employment services, such as advice on job-search activities and the use of online job search tools, are available to people if they register with the Department’s employment services offices, regardless of their social welfare status.
Further, unemployed persons, not in receipt of any payment, are eligible to avail of up-skilling opportunities, for example through ETB (formerly FÁS) training for unemployed people. Although not eligible to receive a training allowance while undertaking the course, they may receive some support for expenses on travel, meals and accommodation. Springboard and Skillnets courses for unemployed people, funded through the Department of Education and Skills, are also open to unemployed people, regardless of their social welfare status.
An unemployed person who does not qualify for a social welfare payment due to the assessment of their means may be eligible to sign for social insurance contribution credits.
Persons who have signed for credits for three months (78 days) of the last six months are eligible to participate in the JobBridge programme.
Persons signing on for credits for 12 months or longer over the previous 18 months are entitled to participate on Momentum courses through Solas, provided that they have been actively seeking work; however they will not receive any payment.
Persons signing for credits for six months or more are entitled to participate on ETB-run VTOS courses subject to availability. In the case of VTOS courses, participants do not receive a training allowance but may receive travel and lunch allowances.
213. Deputy Arthur Spring asked the Tánaiste and Minister for Social Protection if a person on disability allowance who is allowed to work for rehabilitative purposes through the partial capacity benefit scheme is permitted to work as an employee and a self-employed person simultaneously. [20371/15]
Amharc ar fhreagraI consider it important that the social welfare system facilitates and supports people with disabilities who feel they have some capacity to take up or re-enter employment or take up self-employment.
A person in receipt of disability allowance (DA) can work either as an employee or in self-employment - where the employment is certified as being for rehabilitative purposes - and earn up to €120 per week without the person’s rate of DA being affected, while a person in receipt of illness benefit (for a period of at least 6 months) or invalidity pension can avail of partial capacity benefit (PCB), which again allows the person to work (or take up self-employment) and retain a portion of their social welfare payment.
However, PCB is not open to DA recipients – rather the latter can avail of the earnings disregard if they wish to take up work or self-employment.
214. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection the social welfare payment a person (details supplied) in County Cavan is eligible to receive. [20378/15]
Amharc ar fhreagraAccording to the records of the Department there are currently no applications pending or in payment for the person concerned, with the exception of Child Benefit. In order to assess the eligibility for social welfare supports for the person concerned they should call into their nearest Department of Social Protection office requesting information in relation to their particular circumstances. It is then open to them to make an application for a Department of Social Protection scheme.
215. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection when a file will be sent from the carer's allowance section to the social welfare appeals office in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [20379/15]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 January 2015. 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 21 May 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.
