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Tuesday, 30 Jun 2015

Written Answers Nos. 183 to 204

Domiciliary Care Allowance Applications

Ceisteanna (183)

Bernard Durkan

Ceist:

183. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if she will review eligibility for a domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26028/15]

Amharc ar fhreagra

Freagraí scríofa

A review of the decision to disallow an application for domiciliary care allowance in this case will be undertaken. The application together with the new information supplied will now be re-examined by a deciding officer and a revised decision made if warranted. The review process can currently take ten weeks to complete. The person concerned will be notified of the outcome of this review as soon as it is completed.

Invalidity Pension Applications

Ceisteanna (184)

John Browne

Ceist:

184. Deputy John Browne asked the Tánaiste and Minister for Social Protection when an application for an invalidity pension will be approved in respect of a person (details supplied) in County Wexford. [26033/15]

Amharc ar fhreagra

Freagraí scríofa

Invalidity 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 02 April 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on the 23 April 2015 of this decision, the reasons for it and of her right of review and appeal. The person concerned requested a review and appeal of this decision and submitted further medical evidence on 21 May 2015 in support of her request. Following a review of all the information available it has been decided that there is no change to the original decision. The person concerned was notified on 29 June 2015 of the outcome of the review.

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.

Child Care Costs

Ceisteanna (185)

Seamus Healy

Ceist:

185. Deputy Seamus Healy asked the Tánaiste and Minister for Social Protection in view of the failure of the Government, through the Department of Children and Youth Affairs, to establish a system of safe, affordable and accessible child care, similar to that in place in the Scandinavian countries, if she will withdraw the measures in relation to lone parents to be implemented on 2 July 2015 and, in particular, the reduction in the age of the youngest child to seven years as the threshold above which the one-parent family payment will not be payable. [26059/15]

Amharc ar fhreagra

Freagraí scríofa

Expenditure on the One Parent Family Payment (OFP) scheme is estimated to be €607 million in 2015 with almost 70,000 recipients.

However, despite committing extensive funding to lone parent payments since the 1970s, lone parents remain the most at-risk-of-poverty, and their children are at a high risk of poverty. For too long, significant numbers of lone parents have been typecast, and confined to social welfare dependency. The best route out of poverty and social exclusion is through paid employment. The purpose of the reform of the one parent family payment is to maximise the opportunities for lone parents to enter into and increase employment.

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, such as back to education allowance, back to work enterprise allowance and community employment. In addition, I was pleased to introduce the back to work family dividend in the last Budget. This provides a significant incentive for families with children to move into employment, as recently reported by the ESRI.

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.

Child care policy, including the delivery and/or expansion of child care services, is the responsibility of the Department of Children and Youth Affairs (D/CYA).

The reforms to the one-parent family payment have highlighted the need for child care supports to be available for lone parents who make the transition into employment. With this in mind I introduced the jobseeker’s transitional payment in 2013. This is available to OFP customers who transition from the OFP scheme onto a Jobseeker’s Allowance (JA) payment and who have a youngest child aged under 14 years. These customers are exempt from the JA conditions that require them to be available for, and genuinely seeking full-time employment, which would have been difficult for lone parents with young children to adhere to. The jobseeker’s transitional payment allows this cohort of customers to balance their caring responsibilities and significantly reduces their requirement for child care, while allowing them to work part time should they so wish. Through the jobseeker’s transitional payment, I have provided lone parents with children aged between seven and 13 years with a very long transition period of seven years within which to engage with the Department’s Intreo service to become job ready and find sustainable employment.

My Department, in conjunction with the D/CYA, introduced the after-school child care scheme and the community employment childcare programme in 2013 and 2014 respectively. Both of these schemes were funded by my Department from savings from the child benefit scheme and build on the 25,000 subsidised childcare places provided by the D/CYA each year.

In Budget 2015, I introduced increases to the child benefit rate, the partial restoration of the Christmas bonus, as well as the back to work family dividend, all of which provide additional financial assistance to parents.

The Department of Children and Youth Affairs has also established a group at senior inter-Departmental level to carry out an economic and cost-benefit analysis of policies and future options for increasing the supply, accessibility, and affordability of quality child care, including early years and after-school child care. It is intended that the group will finalise its work in the summer of 2015.

Community Employment Schemes Eligibility

Ceisteanna (186)

Michael Healy-Rae

Ceist:

186. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection her views on a matter (details supplied) regarding voluntary groups; and if she will make a statement on the matter. [26092/15]

Amharc ar fhreagra

Freagraí scríofa

The Community Employment (CE) programme is delivered through sponsoring organisations approved by the Department primarily from the community and voluntary sector. These organisations contract with the Department to provide work experience and training opportunities on an annual basis for jobseekers and other qualifying adults. The sponsoring committee members act on a voluntary basis. Grant aid is provided by the Department to cover the following costs:

- supervisory costs;

- participants’ wages;

- training grant; and

- materials grant.

Voluntary community groups wishing to avail of grants under the CE scheme have to meet the Department’s criteria for receipt of such grants. Incorporation as a legal entity is the primary requirement that must be met in advance of any contract/agreement being issued by the Department. Incorporation as a separate legal entity gives the sponsoring organisation members certain legal protections and also grants competency for the legal entity/company to sign contracts on behalf of the Sponsor group. Without having the legal entity with which to contract, any contracts or agreements signed would be unenforceable. There is no derogation possible with this requirement to incorporate.

CE is a valuable resource in the support of a range of social services to communities, including childcare. The primary objective of CE is the provision of valuable work experience and training to unemployed and other disadvantaged groups. CE is a broad and flexible programme that has been utilised to address many social challenges presenting at individual and/or societal level e.g. rehabilitative programmes and supporting communities in the provision of services.

Community Employment Schemes Eligibility

Ceisteanna (187)

Clare Daly

Ceist:

187. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection if she will extend the community employment scheme of a person (details supplied) in County Dublin. [26134/15]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has participated on the Community Employment (CE) Scheme (Part-Time Job Option) since 18 June 2012.

The duration of participation on CE under the Part-Time Job Option is limited to:

- 3 years (156 weeks) for persons under 55 years of age;

- 6 years (312 weeks) for persons of 55 years of age up to state pension age;

- Eligible persons who are in receipt of a qualifying disability linked social welfare payment will be eligible for one additional year on CE over the standard maximum participation caps, set out above.

The person sought an extension of their participation on the CE scheme with Swords Recreation Development Group. However, the person is under 55 years of age, and is not in receipt of a disability related social welfare payment. As the person has already participated on the scheme for the maximum permitted period, i.e. three years, no further extension can be approved and participation on the CE scheme ceased on 26 June 2015.

The person has since made a claim for Jobseekers Transition Payment. The claim is awarded and is in payment at the rate of €217.80 per week.

Jobseeker's Benefit Eligibility

Ceisteanna (188)

Pearse Doherty

Ceist:

188. Deputy Pearse Doherty asked the Tánaiste and Minister for Social Protection in relation to subsidiary employment and entitlement to jobseeker's benefit, if she is aware of the large number of persons whose claims for jobseeker's benefit are being refused on the grounds that they are seasonally employed in fishing and-or fish processing and-or are self-employed farmers, despite the fact that they had previously qualified for the benefit; her views on the hardship this matter is causing these persons; and if she will make a statement on the matter. [26144/15]

Amharc ar fhreagra

Freagraí scríofa

In order to qualify for jobseeker’s benefit a person must satisfy certain conditions. Where a person is involved in seasonal part-time employment fishing/fish processing and/or part-time farming, neither of these employments are considered to be subsidiary in nature. The governing legislation states that a day shall not be treated as a day of unemployment, it shall be treated as a day of employment unless it is considered subsidiary employment.

To be considered subsidiary, the work being undertaken should be in addition to the usual full-time employment, and the remuneration received by the jobseeker must not exceed €12.70 a day, and the jobseeker must have a minimum of 117 PRSI contributions paid immediately preceding the date of the claim or in respect of the last three complete contribution years.

Where a person has been working in their usual employment and also working in a second employment, the second employment could only be considered subsidiary if the above conditions are satisfied.

If the Deputy would let me have the details of the particular cases, I will have my officials follow up on them accordingly.

Back to Work Allowance Applications

Ceisteanna (189)

Bernard Durkan

Ceist:

189. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 60 of 11 June 2015, if she will review entitlement to the back to work enterprise allowance in the case of a person (details supplied) in County Kildare, given that the person is not a sub-contractor and given that others in this person's position have been awarded the payment; and if she will make a statement on the matter. [26154/15]

Amharc ar fhreagra

Freagraí scríofa

According to the documentation supplied to this Department by the person concerned to support his application for a back to work enterprise allowance (BTWEA), the person concerned is engaged as a sub-contractor. The application for a BTWEA was refused as persons engaged as sub-contractors are not eligible under the conditions of the BTWEA scheme. The application of the person concerned has been reviewed previously and the original decision was upheld. If the person concerned has new information/documentation he should provide it to the Department for consideration.

Community Employment Schemes Cessation

Ceisteanna (190)

Robert Troy

Ceist:

190. Deputy Robert Troy asked the Tánaiste and Minister for Social Protection the reason the local community employment scheme, which deals with roads, has been discontinued; and if she will consider making provisions for the scheme to commence again as it is of considerable benefit to communities and local authorities. [26171/15]

Amharc ar fhreagra

Freagraí scríofa

My understanding is that the scheme referred to by the Deputy is the community involvement scheme which is funded by the Department of Transport, Tourism and Sport. The community employment programme plays no role in the upkeep of local or other roads.

Credit Availability

Ceisteanna (191)

Patrick O'Donovan

Ceist:

191. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection if she will provide details of the personal microcredit scheme to be operated through credit unions; details of the pilot scheme to be put in place; and if she will make a statement on the matter. [26189/15]

Amharc ar fhreagra

Freagraí scríofa

A proposal for a microcredit scheme in Ireland is currently being developed. The work is being carried out under the auspices of Citizens Information Board and the Social Finance Foundation and involves extensive engagement with a number of stakeholders including this Department, the Department of Finance, the Central Bank of Ireland, the Irish League of Credit Unions, the Credit Unions Development Association, the Money Advice and Budgeting Service and charity organisations.

A preliminary outline of the scheme envisages a microloan facility, operated by Credit Unions, providing small loan amounts (circa €500), over an average term of 12 months with an interest rate of circa 12%.

When the proposal is agreed with key stakeholders, an implementation plan will be developed with a view to piloting the initiative with a number of participating Credit Unions. It is expected that up to thirty Credit Unions could participate in the pilot scheme, each offering approximately twenty microcredit loans. The outcomes and learning from the pilot will inform the development of any final model prior to full roll-out.

Disability Allowance Appeals

Ceisteanna (192)

Pat Breen

Ceist:

192. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when payment further to an appeal in respect of a disability allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [26207/15]

Amharc ar fhreagra

Freagraí scríofa

Following a successful appeal, the social welfare appeals office sent notification of their decision to this department today. The application will be assigned to a deciding officer to implement the Appeals Officer’s decision. The person concerned will be notified in writing when a decision has been made.

Domiciliary Care Allowance Appeals

Ceisteanna (193)

Tom Fleming

Ceist:

193. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will examine and expedite an appeal in respect of a domiciliary care allowance for a person (details supplied) in County Kerry, given that all medical evidence has been submitted; and if she will make a statement on the matter. [26209/15]

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 3 June 2015. 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 papers 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.

Community Employment Schemes Operation

Ceisteanna (194)

Tony McLoughlin

Ceist:

194. Deputy Tony McLoughlin asked the Tánaiste and Minister for Social Protection the reason her Department is not implementing Labour Court recommendation 19293 of 22 July 2008, that supervisors and assistant supervisors of community employment schemes be entitled to State pensions; and if she will make a statement on the matter. [26213/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that CE supervisors are the employees of private companies. In the circumstances, it is not possible for the State to take over responsibility for funding occupational pension arrangements for employees of private companies, even where those companies are reliant on State funding. This position was confirmed by the Department of Public Expenditure and Reform (D/PER) to this Department in March of this year.

For the record, the Deputy should note that LCR19293 states “that an agreed pension scheme should be introduced ”. CE Supervisors may qualify for the State Pension at 66 years of age. If they have accrued sufficient PRSI contributions (520 contributions at full rate, equivalent to 10 years contributions) they will qualify for the State Pension (Contributory), which is not means-tested. In the event that there are insufficient contributions, the person will qualify for the State Pension (Non-Contributory), provided they satisfy the means test.

Additionally, employers (including CE Sponsoring Organisations) are legally obliged to offer access to at least one Standard Personal Retirement Savings Account (PRSA) under the Pension (Amendment) Act 2002. All CE Sponsoring Organisations were apprised of their responsibilities under this Act at that time.

Social Welfare Benefits Applications

Ceisteanna (195)

Jack Wall

Ceist:

195. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in County Kildare has not received back money due in relation to the person's child; and if she will make a statement on the matter. [26223/15]

Amharc ar fhreagra

Freagraí scríofa

The client has a child dependant, date of birth 19/02/2014. An additional child claim should be made within three months of becoming eligible to prevent loss of entitlement. An application to have the child added as a dependant to her One Parent Family Payment claim was received on 14/10/2014, following a lapse of eight months. The client’s additional child was included following receipt of her application on 16/10/2014. No arrears are due to the client.

Social Welfare Payments Administration

Ceisteanna (196)

Michael Healy-Rae

Ceist:

196. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection if she will address a matter (details supplied) regarding her Department's new forms; and if she will make a statement on the matter. [26234/15]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that the wording in my previous reply, which he has quoted, is correct and that I have asked the Department to update the forms to ensure a neutral wording in relation to payment options is provided and to also ensure that one payment option is not favoured over another.

These amendments will be carried out over the next number of weeks. My officials have already commenced preparatory work on this process and I expect this work to be completed in a timely manner. However, given that the Department’s forms are integrated into its automated systems the work must be done carefully and properly to ensure uninterrupted service to our customers. I do not wish to cause delays to our customers through loss of our automated systems due to improperly considered changes or modifications.

The Department issues forms on a yearly basis to An Post and the number of forms issued in the most recent delivery in May this year was 30,000 forms for each of the following schemes, Disability Allowance, State Pension( Contributory), State Pension (Non- Contributory), Family Income Supplement, Carers Allowance and Household Benefits Package.

Carer's Allowance Applications

Ceisteanna (197)

Tom Fleming

Ceist:

197. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will examine and allow payment of a carer's allowance in respect of a person (details supplied) in County Kerry in view of the person's circumstances and given that all medical evidence has been submitted; and if she will make a statement on the matter. [26235/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person concerned on 15 June 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.

Disability Allowance Applications

Ceisteanna (198)

Tom Fleming

Ceist:

198. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection if she will examine and expedite an application for a review of a disability allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [26238/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm the department received a request on 26 June 2015 for review of the entitlement of the person concerned. The information provided has been passed to the relevant deciding officer. The person in question will be notified in writing when a decision has been made.

Question No. 199 withdrawn.

Respite Care Grant Applications

Ceisteanna (200)

Michelle Mulherin

Ceist:

200. Deputy Michelle Mulherin asked the Tánaiste and Minister for Social Protection the status of an application for a respite care grant in respect of a person (details supplied) in County Mayo; if it will be expedited as a matter of urgency; and if she will make a statement on the matter. [26286/15]

Amharc ar fhreagra

Freagraí scríofa

An application for Respite Care Grant from the person concerned was received in my Department on 14 April 2015 and is currently being processed. A decision on the application will be made shortly, with the person being notified of the decision as soon as possible thereafter.

Carer's Allowance Appeals

Ceisteanna (201)

Michael McNamara

Ceist:

201. Deputy Michael McNamara asked the Tánaiste and Minister for Social Protection when a decision will issue on an appeal for a carer's allowance in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [26313/15]

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 disallow the appeal 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.

Illness Benefit Appeals

Ceisteanna (202)

Martin Heydon

Ceist:

202. Deputy Martin Heydon asked the Tánaiste and Minister for Social Protection if a decision on an appeal for illness benefit will be expedited in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26315/15]

Amharc ar fhreagra

Freagraí scríofa

Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work.

An appeal was registered on 7 May 2015 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed.

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.

Back to Work Allowance

Ceisteanna (203)

Richard Boyd Barrett

Ceist:

203. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Social Protection her Department's guidelines in respect of entitlement to the back to work allowance (details supplied). [26317/15]

Amharc ar fhreagra

Freagraí scríofa

The Back to Work Enterprise Allowance (BTWEA) is designed to provide a monetary incentive for people who are dependent on certain social welfare payments to develop a business. During the first two years of self-employment, the allowance is paid at 100% for the first year of operating and at 75% for the second year. The Short Term Enterprise Allowance (STEA) provides immediate access to those who have lost their jobs and qualify for jobseeker’s benefit and wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to jobseeker’s benefit. At the end of May, 2015 there were 11,523 people availing of the BTWEA and 486 on STEA.

In the event that a business venture is unsuccessful, the customer may have an entitlement to a jobseeker’s payment in the same way as any other jobseeker. Given the range of individual circumstances that exist, entitlements can only be established by the customer engaging with one of the Department’s Intreo Centres.

Further information is available from DSP Intreo centres and also on the Department’s website www.welfare.ie.

Rent Supplement Scheme Applications

Ceisteanna (204)

Joan Collins

Ceist:

204. Deputy Joan Collins asked the Tánaiste and Minister for Social Protection her views on correspondence (details supplied) regarding rent supplement. [26334/15]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been in receipt of rent supplement from this Department since December 2013 while she was simultaneously studying for her primary degree.

This is now, she indicates, completed and she is proposing to pursue a new course of study i.e. a Master’s Degree and wishes for the rent supplement payment to be continued for the duration of the degree. She has previously sought, and been given, advice in relation to her entitlements under proposed scenario. In the scenario outlined a person would not be entitled to supplementary welfare allowance, including rent allowance, while engaged in full-time education – other than within circumstances provided for under legislation. These are as follows: (a) a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, (b) a scheme administered by the Minister and known as Back to Education Allowance, (c ) such other course of education as the Minister may, from time to time, approve.

The Master’s degree that is intended to be pursued does not come under the circumstances prescribed within the relevant legislation and she has been advised accordingly. It is, of course, open to her to make an application for rent supplement allowance and, if unhappy with the decision issued, make an appeal to the independent Social Welfare Appeals Office.

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