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Tuesday, 29 Sep 2015

Written Answers Nos. 163-181

Fuel Allowance Applications

Ceisteanna (163)

Bernard Durkan

Ceist:

163. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the reason a fuel allowance was refused to a person (details supplied) in Dublin 7; if she will review the application as a matter of urgency; and if she will make a statement on the matter. [32741/15]

Amharc ar fhreagra

Freagraí scríofa

There is no record of an application for fuel allowance having been received from the person concerned. I have arranged for an application form for fuel allowance to be sent to her immediately. When the completed form is returned to the widow’s contributory pension section in Sligo, her entitlement to fuel allowance will be examined and she will be notified of the outcome without delay.

Domiciliary Care Allowance Applications

Ceisteanna (164)

Michael Healy-Rae

Ceist:

164. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding an application for a domiciliary care allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [32746/15]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance was received from the person concerned on the 5th June 2015. This application was not allowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 25th September 2015 outlining the decision of the deciding officer to refuse the allowance.

In the case of an application which is refused the applicant may submit additional information and ask for the decision to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office. The person concerned has been advised of these options in the decision letter.

Domiciliary Care Allowance Appeals

Ceisteanna (165)

Michael Healy-Rae

Ceist:

165. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding an application for a domiciliary care allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [32748/15]

Amharc ar fhreagra

Freagraí scríofa

Applications for domiciliary care allowance (DCA) in respect of 2 children were received from the person concerned on the 1st July 2014 and 2nd July 2014. These applications were not allowed as the children were not considered to satisfy the qualifying conditions for the allowance. A letter issued in respect of each child on the 19th September 2014 outlining the decision of the deciding officer to refuse the allowance.

An appeal of these decisions was received together with additional information on the children’s condition/care needs. The applications together with the new information supplied were examined by another medical assessor who was of the opinion that the children did not meet the medical criteria for the allowance. Having reviewed the applications in their entirety, the deciding officer considered that a revision of the original decisions was not warranted and confirmed this in writing on the 7th February 2015. The files were then forwarded to the Social Welfare Appeals Office for consideration of the appeals.

An oral hearing with an Appeals Officer was held on the 8th July 2015. The person concerned was informed by the Social Welfare Appeals Office on the 6th August 2015 that the appeals against the domiciliary care allowance decisions had not been allowed.

Social Welfare Overpayments

Ceisteanna (166)

Seán Ó Fearghaíl

Ceist:

166. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Social Protection if she will review an overpayment of an unemployment benefit to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32749/15]

Amharc ar fhreagra

Freagraí scríofa

On 20 November 2003, the client was disallowed Jobseeker’s Benefit (JB) as official documentation submitted to the Department showed him to have been working for the period 2 January 2003 to 8 February 2003. On 3 December 2003, the client disputed this finding, stating that he commenced work on 8 February 2003. While he undertook to obtain and submit supporting documentation, no such supporting documentation was subsequently received. Therefore, the decision was not reviewed and the overpayment stood.

In the period concerned, a second overpayment of JB occurred when the client was shown to have started work on 26 January 2004 and was paid up to 28 January 2004. There is no record of an appeal of this overpayment.

Farm Assist Scheme Appeals

Ceisteanna (167)

Patrick O'Donovan

Ceist:

167. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Social Protection the reason a freedom of information request from a person (details supplied) in County Wexford has delayed the appeals process; if this case can be postponed and assigned to the appeals officer according to the date received; and if she will make a statement on the matter. [32764/15]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was disallowed Farm Assist by a Deciding Officer of the Department on the grounds that his means exceeded the allowable limit.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 1 May 2015. A Freedom of Information request was received from the person concerned on 31 July 2015. which was partly granted and papers released on 17 August 2015. The case was then referred to an Appeals Officer on 16 September 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.

Carer's Benefit Payments

Ceisteanna (168, 169, 170, 172, 173, 174, 176)

Michael McCarthy

Ceist:

168. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection if she will provide an assurance that carers will not be subject to further cuts in the upcoming budget; that income supports will be protected for those in receipt of a carer's allowance, a carer's benefit, a half rate carer's allowance and a respite care grant in budget 2016; and if she will make a statement on the matter. [32780/15]

Amharc ar fhreagra

Michael McCarthy

Ceist:

169. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection the conditions or criteria required for a person to qualify for credited contributions while in receipt of a carer's allowance or a carer's benefit; the actions, to date, to protect long-term and older carers in relation to their pension entitlements and to ensure that carers are not disadvantaged due to extended periods of caring; and if she will make a statement on the matter. [32781/15]

Amharc ar fhreagra

Michael McCarthy

Ceist:

170. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection her plans to review the habitual residency condition for the carer's allowance, in view that it acts as a barrier to persons returning here to care for a loved one. [32782/15]

Amharc ar fhreagra

Michael McCarthy

Ceist:

172. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection her views on exempting the carer's allowance from means assessment; and the measures in place to assist family carers to avail of education and employment opportunities during their caring years to help and support them in re-entering the workforce, when their caring role ends. [32784/15]

Amharc ar fhreagra

Michael McCarthy

Ceist:

173. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection her plans for the future of the respite care grant; and if she will make a statement on the matter. [32785/15]

Amharc ar fhreagra

Michael McCarthy

Ceist:

174. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection if she will consider granting a pro rata respite care grant payment to carers, whose role concludes before the completion of a 12 month period; and if she will make a statement on the matter. [32786/15]

Amharc ar fhreagra

Michael McCarthy

Ceist:

176. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection her plans to introduce measures to assist with the transition out of long-term caring responsibilities, in particular the extension of the grace period following the death of a caree, from six weeks to six months, and the introduction of a similar grace period for carers whose full-time caring role has come to an end, following the admission of their caree to residential care. [32788/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 168 to 170, inclusive, 172 to 174, inclusive, and 176 together.

The Government recognises the key role played by carers in society and so the Department provides a range of income supports to assist with the financial burden of caring. These include carer's allowance, carer's benefit, domiciliary care allowance and the respite care grant.

Total expenditure by the Department on carers has increased from just under €752 million in 2010 to almost an estimated €822 million in 2014. This is an increase of €70 million or just under 10%. The overall number of caring recipients has increased from just over 76,000 in 2010 to almost 84,000 recipients in 2014. This is an increase of 7,815 recipients or just over 10%. These increases demonstrate very clear evidence that, despite the need to stabilise Government finances, the welfare system continues to play a very positive role in protecting, family carers in our society.

In relation to payment rates, the Government has protected core weekly social welfare rates generally during its period in office, and there are no plans to reduce weekly rates of carer’s allowance, carer’s benefit or the respite care grant. The appropriate rates of welfare supports in the year ahead, including payments to be made to carers, will be considered by Government as part of its deliberations on the next Budget. The means assessment for carer’s allowance is the most generous in the social welfare system and I have no plans to make any changes in that area.

Carers can engage in employment, education or training, outside the home, for an aggregate total of 15 hours per week. This strikes a reasonable balance between giving carers the opportunity to engage with wider society and to maintain, where possible, a connection with the world of work and education, and meeting the requirement that carers are required to be providing full-time care and attention to a recipient of care.

When the caring role ends, due to the loss of a loved one or due to a permanent admission to a care home, working age carers may apply through the appropriate Intreo office, for jobseeker’s allowance and receive assistance in developing a personal progression plan identifying appropriate actions to facilitate a return to work.

Currently, carer’s benefit and carers allowance continue to be paid for a period of 6 weeks following the death of a recipient of care, and any change in these transition arrangements to extend the grace period can only be considered in the context of budgetary deliberations by government.

The respite care grant (RCG) is an annual payment of €1,375 for carers who look after certain people in need of full-time care and attention. The payment is made regardless of the carer's means but is subject to certain conditions, one of which is that the period of full-time care and attention must last for at least six months (which must include the first Thursday in June when the payment is made automatically to recipients of carer’s allowance/benefit and domiciliary care allowance).

This year, RCG was paid to over 70,000 clients at an estimated cost of over €124 million for the full year, and I should point out the grant, with no requirement to satisfy a means test, is not available for any other social welfare group nor is there an equivalent payment for carers in any other country in Europe.

Other supports from the Department for carers include free travel for recipients of carer’s allowance and, if they are living with the person they are caring for, the household benefits package.

Credited contributions (credits) are designed to protect the social insurance entitlement record of people, including carers, who are not in a position to make PRSI contributions.

Credits are awarded to recipients of carer's allowance/benefits in the following circumstances:

- if the claimant was employed and paid PRSI contributions prior to receiving carer's allowance s/he may be entitled to credits. If, however, there is a gap of two years in the claimant's insurance record, credits are not valid until at least 26 PRSI contributions have been paid

- if the claimant was in receipt of jobseeker's allowance (provided s/he has at least one paid Class A PRSI contribution), jobseeker's benefit or illness benefit immediately prior to claiming carer's allowance.

In addition, the homemaker’s scheme was introduced in 1994 to make qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. This is achieved by disregarding years spent outside the workforce on such duties when calculating the average contributions per year on the pensioner’s record. The scheme allows up to 20 years spent caring for children under 12 years of age, and/or an incapacitated person, to be disregarded when a person’s social insurance record is being averaged for pension purposes.

The habitual residence condition (HRC), as provided for in section 246 of the Social Welfare (Consolidation) Act, 2005 (as amended), applies to claims for jobseeker’s allowance, non-contributory State pension, blind pension, non-contributory widow’s and widower’s pensions, guardian’s payment, one-parent family payment, carer’s allowance, disability allowance, supplementary welfare allowance including rent supplement, and child benefit. The effect of the condition is that a person whose habitual residence is elsewhere is not qualified for these payments in Ireland. The purpose of this condition is to safeguard the social welfare system, by restricting access for people who are not economically active and who have little or no established connection with Ireland. Staff are trained in the application of the relevant HRC factors in the case of carers and there are no plans to change the HRC requirement at this time.

Social Welfare Payments Waiting Times

Ceisteanna (171)

Michael McCarthy

Ceist:

171. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection the action her Department has taken to reduce and streamline processing times for social protection payments with a view to minimising hardship on those awaiting the outcome of applications; if she will support a system of automatic notifications between the Revenue Commissioners and her Department once a payment has been awarded, rather than self declaration; and if she will make a statement on the matter. [32783/15]

Amharc ar fhreagra

Freagraí scríofa

The Department is committed to ensuring that claims are processed as expeditiously as possible. Each scheme area is continuously monitored and reviewed to ensure customers are responded to as quickly as possible. In this regard, the Department has had major success in clearing backlogs especially in the disability related schemes. It is acknowledged that carers allowance applicants have been experiencing longer processing times over recent months, due in the main to an increased volume of claims. To address this, the Department has assigned additional resources to ensure that the processing time in carers allowance claims is reduced over the remainder of 2015.

When a claim is awarded and put into payment the Department issues an automatic notification to Revenue, covering the type and amount of the payment involved. This removes the need for duplication of activity from the customer and ensures that Revenue hold up to date information on social welfare payments and can take whatever action is necessary to ensure compliance with taxation requirements.

Questions Nos. 172 to 174, inclusive, answered with Question No. 168.

Bereavement Grant

Ceisteanna (175)

Michael McCarthy

Ceist:

175. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection her views on the reintroduction of the bereavement grant; and if she will make a statement on the matter. [32787/15]

Amharc ar fhreagra

Freagraí scríofa

The bereavement grant was a once-off payment based on PRSI contributions paid from the Social Insurance Fund. The person on whose insurance record the claim was based was the deceased, or their spouse, civil partner or cohabitant. The overall concern in recent Budgets has been to protect primary social welfare rates. Abolishing the bereavement grant provided an annual saving of approx. €22 million. This allowed the Department to protect other more fundamental social welfare payments such as the State pension. Accordingly, I have no plans to reinstate the bereavement grant as there are a range of supports available for people following bereavement which provide more significant support than that which was provided by the bereavement grant, including –

- The widow's, widower's or surviving civil partner’s (contributory and non-contributory) pension which is a weekly payment, based on contributions or a means test.

- The widowed or surviving civil partner grant, which is a once-off payment of €6,000 where there is a dependent child.

- A number of social welfare payments, including State pension and carer’s allowance, continue in payment to qualified people for six weeks following a death.

- Guardians payments where someone is looking after an orphaned child.

- A special funeral grant of €850 where a person dies because of an accident at work or occupational disease.

Under the supplementary welfare allowance (SWA) scheme, the Department of Social Protection may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. An application can be made under the ENP scheme for assistance with funeral and burial expenses. The assistance is toward the costs of the necessary basic requirements for a dignified funeral. However, there is no automatic entitlement to such a payment. An ENP is a means tested payment payable at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the individual applicant and that of the deceased person including any savings, property, insurance policies, etc. that would render the applicant or anybody else liable for the burial costs. The Department official will also consider if a bereavement grant is available from any other source including former employer, credit union or trade union.

Question No. 176 answered with Question No. 168.

Free Travel Scheme Administration

Ceisteanna (177)

Michael McCarthy

Ceist:

177. Deputy Michael McCarthy asked the Tánaiste and Minister for Social Protection her views on extending the free travel scheme to all carers in receipt of the respite care grant in order to enhance access to services and reduce social isolation, particularly for carers living in rural areas; and if she will make a statement on the matter. [32798/15]

Amharc ar fhreagra

Freagraí scríofa

The Free Travel Scheme permits customers to travel for free on most CIE public transport services, LUAS and a range of services offered by up to 80 private operators in various parts of the country. Free travel is also available on cross border journeys to and from Northern Ireland. Customers aged 66 years and over can travel for free on journeys within Northern Ireland. There are currently approximately 836,000 customers in receipt of free travel at an annual cost of €77 million per annum.

The free travel scheme is available to all people aged over 66 living permanently in the State. Applicants who are under age 66 must be in receipt of a qualifying payment in order to qualify for the scheme. The qualifying payments for those aged under 66 are invalidity pension, blind pension, disability allowance, carer’s allowance or an equivalent social security payment from a country covered by EC Regulations or one with which Ireland has a Bilateral Social Security Agreement.

Any decision to extend the free travel scheme to persons who are not in receipt of a primary qualifying payment would have budgetary consequences and would have to be considered in the context of budget negotiations. The Government will finalise its consideration of the Budget in the coming weeks and the outcome of this process will be announced on Budget Day.

Disability Allowance Payments

Ceisteanna (178)

Pat Breen

Ceist:

178. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a payment will be reinstated to a person (details supplied) in County Clare; and if she will make a statement on the matter. [32919/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm the department was notified in June 2015 that the person concerned would be absent from the State for an indefinite period. On this basis payment of disability allowance (DA) was temporarily suspended as that scheme is not payable to persons while outside the State.

On 27 August 2015, the person in question sent in evidence to the effect that she returned to Ireland on the 19 August 2015. Payment of DA will be restored to the person in question from 7 October 2015 and payment of arrears due from the date she returned to the State will issue as soon as possible. The delay in restoring the payment is regretted.

Furthermore, the department has requested the person concerned to supply evidence of the date she left the State in order to establish if there is any further payment of DA due for the period of the suspension. On receipt of that confirmation, outstanding entitlement (if any) will be determined.

Carer's Allowance Applications

Ceisteanna (179)

Sandra McLellan

Ceist:

179. Deputy Sandra McLellan asked the Tánaiste and Minister for Social Protection if she will approve and expedite an application for a carer's allowance to a person (details supplied) in County Cork; and if she will make a statement on the matter. [32922/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person concerned on 7 July 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.

Community Employment Schemes Operation

Ceisteanna (180)

Mick Wallace

Ceist:

180. Deputy Mick Wallace asked the Tánaiste and Minister for Social Protection her plans to extend the time limits on the length of community employment schemes for those persons over 55 years of age so that they may continue working until retirement age; and if she will make a statement on the matter. [32947/15]

Amharc ar fhreagra

Freagraí scríofa

Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other vulnerable persons (including lone parents, recovering drug mis-users and persons with a disability) with an opportunity to engage in part-time work and training within their communities on a temporary, fixed-term basis.

With respect to the participants exhausting their time on the programme, all community Employment (CE) sponsors and participants are aware of the time limits for participation, which are extensive for certain individuals particularly those over 55 years, who can already participate for up to 6 years on CE. The participation limits allow for the utilisation of places amongst qualifying persons, to ensure the benefit of the CE scheme to the widest possible number of jobseekers.

Social Welfare Appeals

Ceisteanna (181)

John McGuinness

Ceist:

181. Deputy John McGuinness asked the Tánaiste and Minister for Social Protection if she will review the decision in the case of a person (details supplied) in County Kilkenny as it would appear that the medical evidence was ignored or misunderstood. [32996/15]

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, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.

I am advised that the person concerned requested a review of the decision and that the Department had been requested to return the file to the Social Welfare Appeals Office. The file has been returned and the Appeals Officer will review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.

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.

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