Written Answers Nos. 418-446
418. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the provisions in legislation that permit board members of Irish Water to purchase shares in a personal capacity and the safeguards in place to protect the State's shareholding in the company. [10550/16]
Amharc ar fhreagraThe Water Services Act 2013 provided for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann (now Ervia), conforming to the conditions contained in the Act and registered under the Companies Acts. As Irish Water is a State owned company, the board members of Irish Water or Ervia cannot purchase shares in Irish Water.
Section 5 of the Water Services Act 2013, as amended by Section 46 of the Water Services (No. 2) Act 2013, prohibits each of the shareholders of Irish Water – who are the Minister for the Environment, Community and Local Government, the Minister for Finance and Ervia - from disposing of their shareholding in Irish Water and thus placed a statutory prohibition on the privatisation of Irish Water. To further strengthen this protection of the State’s ownership of the company, Section 2 of the Water Services Act 2014 provides that in the event of any proposal for legislation being brought forward at any future stage that would involve a change in the State ownership of Irish Water, the matter would have to be put to a plebiscite of the people.
419. Deputy John Brassil asked the Minister for the Environment, Community and Local Government to investigate and allow a household charge waiver for a person (details supplied); and if he will make a statement on the matter. [10586/16]
Amharc ar fhreagraThe Local Government (Household Charge) Act 2011 provided the legislative basis for the Household Charge. Under the Act, an owner of a residential property on the liability date is liable to pay the Household Charge, unless otherwise exempted or entitled to claim a waiver. The Charge has operated on a self-assessment basis with an owner of a residential property determining liability and paying the Charge.
The Household Charge was operational in respect of 2012 only, with arrears and penalties in respect of a 2012 liability being collected by local authorities, assisted by the Local Government Management Agency (LGMA) on a shared services/agency basis up to 30 June 2013. The liability date in respect of the Household Charge for 2012 was 1 January 2012.
The legislation provides for a number of exemptions and waivers from payment of the Household Charge. Waivers which apply concern owners of residential property entitled to mortgage interest supplement and owners of houses in certain unfinished housing estates.
As of 1 July 2013, outstanding Household Charge liabilities were increased to €200 and converted to a Local Property Tax liability due on the property. The Revenue Commissioners is the body responsibility for the collection of Local Property Tax and is now pursuing outstanding liabilities.
Household Charge operational matters are a matter for the relevant local authority or for the LGMA, including the issuing of certificates of waiver or exemption, refunds due in respect of overpayments made prior to 30 June 2013, and all associated queries. Contact details in respect of the Household Charge Support Unit are available on www.householdcharge.ie.
420. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the status of the Carlow boundary review committee including when he will receive its report; and if he will make a statement on the matter. [10591/16]
Amharc ar fhreagraThe chairpersons of the committees which are reviewing the boundaries at Athlone, Carlow, Drogheda and Waterford have indicated that further work is required in order to complete the reviews, including work arising from the large volume of submissions received on foot of public consultations. My Department is in communication with the chairpersons regarding the additional timescale involved and clarification in that regard is awaited. As the committees are independent in the performance of their functions, it is not appropriate for me to comment further on the matter.
421. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government to provide the most recent financial statement in respect of the local authority protection insurance scheme which is overseen by the mortgage protection committee which is a subcommittee of the County and City Management Association and is representative of the local authorities, the Housing Finance Agency and his Department; and if he will make a statement on the matter. [10592/16]
Amharc ar fhreagraThe local authority mortgage protection insurance (MPI) scheme is overseen by the Mortgage Protection Committee which is a sub-committee of the County and City Management Association (CCMA) and is representative of the CCMA, local authorities, the Housing Finance Agency and my Department. The group policy is a commercial insurance product which is procured in accordance with EU procurement rules.
The current underwriter is Generali Pan Europe dac with Marsh Ireland acting as their insurance administrator. Financial information specific to the operation of the local authority MPI product is commercially sensitive. As part of the upcoming re-tendering process, the Committee will again seek to secure, with effect from 1 January 2017, the most appropriate insurance cover at the best value for money for local authority borrowers.
423. Deputy David Cullinane asked the Minister for the Environment, Community and Local Government if he is aware of serious health and safety defects found in homes in Ceol na Mara in Kill, County Waterford, if the homes conform with all relevant statutory fire obligations; if not, the steps he or the appropriate State body will take to carry out appropriate remedial works to satisfy all statutory obligations pertaining to health and safety; and if he will make a statement on the matter. [9840/16]
Amharc ar fhreagraI understand that Waterford City and County Council is liaising with the residents of the Ceol na Mara development on an ongoing basis in an effort to be of support and assistance to residents at this difficult time.
Part B of the Building Regulations sets out the statutory standards of fire safety that apply when a new building is constructed in order to ensure the safety of persons in and about the building. Compliance with the building regulations is first and foremost the responsibility of the owners, designers and builders of the building concerned. As Minister, I have no function in assessing, checking or testing compliance, or otherwise, of specific works or developments.
Remediation of defects is a matter between the parties concerned, the current owners and the builder/developer, their agents and their insurers. This applies also where the owner is a Local Authority or an Approved Housing Body, both of which are relevant in the context of a number of properties at Ceol na Mara. If a satisfactory resolution cannot be achieved through dialogue and negotiation, the option of seeking civil legal remedy may be considered. It is understood that the builder/developer in this instance is in receivership and it is therefore important that the receiver is notified of all liabilities at the earliest possible opportunity.
The Local Authority’s overriding concern in these matters is one of public safety and its statutory functions (under Planning, Building Control, Fire Safety and Housing legislation) relate to the enforcement of compliance with statutory obligations. The Local Authority is not responsible for undertaking remedial works in private dwellings. Nevertheless, its advice and support can be helpful in such situations and, as Minister, I expect Waterford City and County Council to continue to do whatever is reasonable and appropriate to support the residents at Ceol na Mara. I would also urge all concerned to cooperate fully with the local authority in carrying out its statutory functions.
424. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he is aware of reports of waste water and sewage openly flowing onto the beach at Doldrum Bay in Howth, County Dublin, which is part of a UNESCO world heritage site candidate location; to ask Irish Water and Fingal County Council for urgent reports on the matter; the action he will take to combat the situation; and if he will make a statement on the matter. [9786/16]
Amharc ar fhreagraI am aware of concerns regarding discharges at Doldrum Bay in Howth, County Dublin. However, neither I nor my Department has any role in monitoring or supervising the delivery of water services or any pollution incidents arising therefrom.
Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels for public water services, including the delivery of water services capital infrastructure, encompassing the management of urban waste water collection and treatment infrastructure. All discharges to the aquatic environment from sewerage systems owned, managed and operated by Irish Water require a waste water discharge licence or certificate of authorisation from the Environ mental Protection Agency (EPA) and the authorisation process provides for the EPA to place stringent conditions on the operation of such discharges to ensure that potential effects on the receiving water bodies are strictly limited and controlled.
In relation to the pollution of water courses, the primary responsibility for ensuring prevention of pollution rests with the local authorities, which are in turn supervised by the EPA for this purpose. The Local Government (Water Pollution) Acts 1977 and 1990 carry a general prohibition on the entry of any polluting matter to waters. Any persons causing or permitting polluting matter to enter waters is liable on conviction on indictment to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years, or both.
The EPA is the statutory body for investigating complaints of pollution and for the enforcement , both directly and through oversight of local authorities, of environmental legislation in Ireland. Details of all prosecutions taken by the EPA for pollution incidents and details of its enforcement activities are published on the EPA’s website (http://www.epa.ie/enforcement/ ).
425. Deputy Seán Haughey asked the Minister for the Environment, Community and Local Government the revenue he raises from motor taxation; how much of this revenue goes to Irish Water; and if he will make a statement on the matter. [9833/16]
Amharc ar fhreagraTotal motor tax receipts from 2014 to the end of April 2016 are set out in the following table.
|
Year |
Motor Tax Receipts € |
|
2014 |
1,159,331,931 |
|
2015 |
1,124,351,806 |
|
To the end of April 2016 |
386,951,283 |
Income from Motor Tax currently accrues to the Local Government Fund. When established, one of the purposes for which the Fund was used was to provide General Purpose Grant funding to local authorities, an element of which would have been used by local authorities to fund water – related operating expenditure. Following the transfer of responsibility for water services from local authorities to Irish Water, the Fund has continued to be used as a vehicle for providing operational subvention towards the costs of water services. In that regard, Irish Water received a subvention of some €439.1 million in 20 14 for operational expenditure, with €399m being provided in 2015, and €119.75m to the end of April 2016. This funding from the Local Government Fund is in respect of the child allowance (21,000 litres per child per annum), a product subsidy and the cost of capping domestic water charges.
426. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the key features of the grant scheme for the replacement of lead pipes and fillings within the boundaries of a household including if this grant covers the cost of assessment for lead in a household's pipe network; and if he will make a statement on the matter. [9788/16]
Amharc ar fhreagraGrants are available to assist low-income householders with the cost of replacing lead pipes and fittings within the boundaries of their principal private residence. Only the cost of replacement works constitutes qualifying expenditure. Assessment costs do not qualify for grant aid. The scheme is administered by the local authorities and its key features are as follows:
- Households with income of up to €50,000 per annum are eligible to apply for a grant of 80% of approved costs with a maximum grant payable of €4,000. Households with incomes between €50,001 and €75,000 are eligible for a grant of 50% of approved costs with a maximum grant payable of €2,500.
- Applicants must provide evidence of household income; this requirement mirrors a condition for the septic tank and certain housing grants which are administered by the local authorities.
- A grant will only be paid after the works have been carried out and on production of a receipt.
- Contractors engaged by householders must provide a copy of a current tax clearance certificate and certify that the works carried out, and the materials and fittings used, are of appropriate quality and standard.
- Eligible costs incurred must exceed €200.
Full details of the grants scheme are set out in the Domestic Lead Remediation (Financial Assistance) Regulations 2016, a copy of which is available in the Oireachtas library. A combined information leaflet and application form is published on my Department’s website at: http://www.environ.ie/water/leaflets/lead-drinking-water/lead-remediation-grant-scheme
427. Deputy Donnchadh Ó Laoghaire asked the Minister for the Environment, Community and Local Government to confirm the maximum value of a house under which it will be eligible under the mortgage-to-rent scheme. [9819/16]
Amharc ar fhreagra428. Deputy Donnchadh Ó Laoghaire asked the Minister for the Environment, Community and Local Government if there are exceptions to the maximum value limits of a house for applying under the mortgage-to-rent scheme; if local authorities have discretion regarding the maximum value limits of a house. [9821/16]
Amharc ar fhreagra429. Deputy Donnchadh Ó Laoghaire asked the Minister for the Environment, Community and Local Government the process through the mortgage arrears resolution process, by which a distressed shared ownership house can be transitioned to a mortgage-to-rent scheme, and if the same house value limits apply in those circumstances as apply to the mortgage-to-rent scheme more generally. [9820/16]
Amharc ar fhreagraI propose to take Questions Nos. 427 to 429, inclusive, together.
There are currently two Mortgage to Rent (MTR) schemes in operation through my Department. A scheme exists whereby a local authority (LA) can acquire ownership of properties with unsustainable local authority mortgages, thus enabling the household to remain in their home as a social housing tenant (LA- mortgage-to-rent). The other scheme provides for an Approved Housing Body (AHB) to acquire ownership of a property with an unsustainable private mortgage, which also enables the household to remain in their home as a social housing tenant (AHB-mortgage-to-rent). Both schemes assist families with income difficulties whose mortgages are unsustainable, and where there is little or no prospect of a significant change in circumstances in the foreseeable future.
Identical maximum house value limits apply under both MTR schemes. Specifically, properties should be of a value no more than €350,000 for a house and €300,000 for an apartment or townhouse in the areas of Dublin, Kildare, Meath, Wicklow, Louth, Cork and Galway; and €250,000 for a house and €190,000 for an apartment or townhouse in the rest of the country. Priorities must adhere to the most up-to-date acquisition cost guidelines set by my Department.
In addition, for both types of MTR the property must be in negative equity. However, a property that may have marginal positive equity may be considered for inclusion in either schemes where that equity is no more than 10% of the Open Market Value to a maximum of €20,000 in Dublin, Kildare, Meath, Wicklow, Louth, Cork and Galway and €15,000 in the rest of the country.
Information in relation to local authority mortgage arrears, the local authority mortgage arrears resolution process (MARP) and the help available to borrowers is also available on my Department’s website: http://www.environ.ie/housing/home-ownership/mortgage-arrears/local-authority-mortgage-arrears-help-available
I can confirm that the MARP and the MTR for local authority borrowers are available on an identical basis for both full annuity local authority mortgage holders and Shared Ownership borrowers in mortgage arrears.
430. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government his position on the proposal by the Irish League of Credit Unions to provide loan finance for the provision of social housing; why he has not taken up these proposals to date and when he will [9861/16]
Amharc ar fhreagraThe agreed Programme for a Partnership Government recognises the potential role that credit unions can play in housing finance and supports the efforts of the Registrar of Credit Unions at the Central Bank to gradually lift current lending restrictions as appropriate, including for housing. The Programme further provides that we will investigate with all stakeholders how credit unions can support the delivery of social housing.
The Irish League of Credit Unions (ILCU) has set out a proposed means by which funding could be provided to Approved Housing Bodies, by credit unions, for the development of social housing. My Department has met with the ILCU on a number of occasions to address technical aspects of its proposal. The most recent meeting was on 13 April 2016.
The Central Bank commenced a number of new regulations for credit unions on 1 January 2016. Prior to their commencement, following careful consideration, the Central Bank made a number of modifications including to Regulation 25(2) which makes reference to the fact that the Central Bank may prescribe, in accordance with section 43 of the Credit Union Act 1997, further classes of investments for credit unions which may include investments in projects of a public nature. The effect of these modifications is that regulation 25(2) now provides that investment in projects of a public nature can include, but are not limited to, investments in social housing projects.
I acknowledge the modifications made by the Central Bank and the willingness of credit unions to actively seek a role in financing the delivery of social housing.
Conscious of the independence of the Central Bank in its regulatory role in respect of credit unions, bilateral engagement has taken place between my Department and the Department of Finance to consider the potential regulatory and legislative implications of credit union involvement in the social housing sector.
My Department and the Department of Finance met with the Central Bank on 21 April 2016 to provide information of a technical nature in relation to social housing funding arrangements. This was with a view to assisting the Central Bank in understanding how these arrangements operate, as it deals with issues arising from proposals put forward for credit union investment in social housing.
Ultimately, the funding mechanisms will have to be put in place in the first instance by the ILCU with the support of its members , and with the agreement of the Central Bank. I and my Department are happy to continue to contribute to this process by providing necessary technical advice and support.
431. Deputy Thomas P. Broughan asked the Minister for Social Protection to reinstate funding to Inclusion Ireland for the walk peer project; and if he will make a statement on the matter. [9449/16]
Amharc ar fhreagra467. Deputy Thomas Pringle asked the Minister for Social Protection why he will cease funding the walk disability project in July 2016 which is currently supporting 170 young persons with disabilities who are in receipt of disability allowance and who do not qualify for employment activation supports or are deemed not job ready by employability services; to reconsider his position and advise on how these persons will remain supported when the project closes; and if he will make a statement on the matter. [9476/16]
Amharc ar fhreagra472. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection to continue the funding of the walk peer programme under the disability activation project, given that otherwise the programme will close, resulting in a group of young persons who have taken the difficult steps into mainstream further education, training and employment options being without support from 1 August 2016 and as a result applying to the HSE for expensive day service places, and given that the cost to the Exchequer of continuing this initiative is €280,000 per year while the cost of ceasing it could be as high as €1.704 million per year. [9570/16]
Amharc ar fhreagra498. Deputy Róisín Shortall asked the Minister for Social Protection why he ceased funding to an organisation (details supplied) in County Louth; and if he will make a statement on the matter. [9375/16]
Amharc ar fhreagraI propose to take Questions Nos. 431, 467, 472 and 498 together.
The Providing Equal Employment Routes (PEER) project was one of 14 disability activation projects (DACT), in the Border, Midlands and West region, which were jointly funded by the European Social Fund (ESF) and the Department of Social Protection (DSP), from the end of 2012 to April 2015. The project was delivered by the Walkinstown Association for People with an Intellectual Disability (WALK).
The objective of the DACT programme was to explore a variety of routes towards ensuring that people with disabilities were enabled to avail of progression, education and development opportunities within the world of work. A key criterion applied when selecting projects was that the learning from this activity should be capable, where appropriate, of being mainstreamed in the future. Therefore, it is important to note that the projects were never intended to become ongoing service delivery organisations in their own right, no matter how successful the projects might have been.
It was on this basis that each of the DACT projects was awarded funding with a specified end date of 30 April 2015. However, in the closure phase of the programme, it was recognised by the Department that there would be a number of people still actively participating on some of the DACT projects, so a decision was made to provide funding to seven of the projects, which included the WALK PEER project, for a short period to the end of July 2015. This funding was provided so as to allow projects to ensure that their participants finished their involvement in an orderly manner.
I understand that the WALK PEER project was subsequently successful in obtaining additional funding from a private sector organisation and I believe that it is this source of support that will terminate in July.
Given the circumstances set out above, there is no provision in the Department's estimates to provide further funding to this project.
432. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection his views on a case (details supplied); and if he will allow the person an extra year up to retirement age. [10738/16]
Amharc ar fhreagra520. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection his views on a case (details supplied); and to allow the person an extra year which will bring the person up to retirement age. [10096/16]
Amharc ar fhreagraI propose to take Questions Nos. 432 and 520 together.
The person commenced on Community Employment (CE) on 15 June 2009 having qualified to participate through receipt of a Disability Allowance for a number of years, immediately prior to commencing on CE. The person concerned was eligible to participate under the part time job (PTJ) option within CE, which allows persons over 55 years of age to participate on CE for a lifetime maximum of 6 years.
In addition to these 6 years, the CE Procedures Manual also provides that "Eligible persons 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, i.e. 7 years maximum time for those between 55 years of age and State Pension age (PTJ Option only)."
As the person concerned was in receipt of a Disability Allowance prior to commencing on CE they are eligible to participate on CE for a lifetime maximum of 7 years and will have completed 7 years on Community Employment on 03 June 2016. Therefore they are not eligible to participate on CE beyond that date.
While the Service Support Stream was introduced to CE, on a pilot basis, for persons over 62 years of age, the person concerned will not reach 62 years of age until 01 May 2017. Therefore, they will not be eligible to avail of a Service Support Stream employment post on any CE Scheme, until June 2017 at the earliest, as they will be required to be in receipt of a qualifying DSP Payment for a minimum period of 12 months before they can be again eligible to apply for such a job.
I hope this clarifies the matter for the Deputy.
433. Deputy Michael Healy-Rae asked the Minister for Social Protection to make a statement on a matter (details supplied) regarding rented accommodation and rent caps. [9351/16]
Amharc ar fhreagra437. Deputy Frank O'Rourke asked the Minister for Social Protection to review the caps under the rent supplement scheme and the housing assistance payment scheme, given the increasing cost of rents; and if he will make a statement on the matter. [9389/16]
Amharc ar fhreagraI propose to take Questions Nos. 433 and 437 together.
Rent supplement plays a vital role in housing families and individuals, with the scheme supporting approximately 56,800 people for which the Government has provided approximately €267 million for 2016. Properties are being secured under the scheme with over 20,100 rent supplement tenancies awarded during 2015 and over 4,500 during the first four months of 2016.
I can assure the Deputies that supports in relation to housing and accommodation, including rent supplement, are a key Government priority and are under consideration by the Cabinet Committee on Housing in the context of the commitment to provide affordable, quality and accessible housing. This committee met on Thursday 12th May 2016 and will meet again in the next week.
At this time of constrained supply in the private rented market, the Department continues to implement a policy approach that allows for flexibility where landlords seek rents in excess of the existing limits for both existing customers and new applicants to the rent supplement scheme. The circumstances of tenants are considered on a case-by-case basis and rents are being increased above prescribed limits, as appropriate. This targeted approach has assisted over 8,000 rent supplement households nationwide to retain or acquire rented accommodation through increased rent payments, of which 69 households are in Kerry. A county breakdown of these cases is provided in the following tabular statement.
Any person experiencing increased rents or facing the threat of the loss of their tenancy are encouraged to contact the Department’s Community Welfare Service without delay.
Policy responsibility for the HAP scheme is a matter for my colleague, the Minister for the Environment, Community and Local Government.
Total Increased Rental Payments by County as at 16 May 2016
|
County |
Awards under National Tenancy Sustainment Framework |
Awards under protocol with Threshold |
Total no. of increased payments by County |
|
CARLOW |
37 |
43 |
|
|
CAVAN |
26 |
27 |
|
|
CLARE |
60 |
60 |
|
|
CORK |
373 |
74 |
461 |
|
DONEGAL |
- |
- |
|
|
DUBLIN |
3,176 |
1,985 |
5,196 |
|
GALWAY |
170 |
173 |
|
|
KERRY |
69 |
69 |
|
|
KILDARE |
358 |
384 |
|
|
KILKENNY |
127 |
128 |
|
|
LAOIS |
113 |
113 |
|
|
LEITRIM |
67 |
69 |
|
|
LIMERICK |
7 |
7 |
|
|
LONGFORD |
161 |
164 |
|
|
LOUTH |
126 |
128 |
|
|
MAYO |
3 |
3 |
|
|
MEATH |
311 |
317 |
|
|
MONAGHAN |
1 |
1 |
|
|
OFFALY |
62 |
62 |
|
|
ROSCOMMON |
32 |
33 |
|
|
SLIGO |
- |
- |
|
|
TIPPERARY |
165 |
165 |
|
|
WATERFORD |
41 |
41 |
|
|
WESTMEATH |
192 |
201 |
|
|
WEXFORD |
15 |
16 |
|
|
WICKLOW |
184 |
217 |
|
|
Overall Total |
5,876 |
2,059 |
8,078 |
434. Deputy John McGuinness asked the Minister for Social Protection the status of an application by a person (details supplied) under the invalidity pension scheme including if he will expedite and approve it. [9417/16]
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 28 July 2015. In order to establish medical suitability, forms for completion issued to the person concerned on 8 August 2015. Despite the issue of reminders, the completed medical forms were not returned to the department until 29 January 2016.
The person concerned was refused IP on the grounds that the medical conditions for the scheme are not satisfied. He was notified on the 28 April 2016 of this decision, the reasons for it and of his right of review and appeal.
I hope this clarifies the matter for the Deputy.
435. Deputy Charlie McConalogue asked the Minister for Social Protection his plans to extend the free fuel scheme, given the cold weather which is causing hardship; and if he will make a statement on the matter. [9373/16]
Amharc ar fhreagraThe fuel allowance is a payment of €22.50 per week for 26 weeks from October to April, to 391,000 low income households, at an estimated cost of €224 million in 2016. The purpose of this payment is to assist these households with their energy costs, and represents a contribution towards those costs. It is not intended to meet those costs in full. Only one allowance is paid per household. My Department also pays an electricity or gas allowance as part of the household benefits package to approximately 419,000 customers, at an estimated cost of €228 million in 2016. Increasing the spending on any of these schemes would have budgetary consequences requiring additional funds, and I am not in a position to do this at the present time.
Under the supplementary welfare allowance scheme, exceptional needs payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources – this may include exceptional heating costs.
The best way to tackle fuel poverty in the long term is to improve the energy efficiency of the dwelling. My Department works closely with the new Department of Communications, Climate Change and Natural Resources on these issues and in moving forward the actions agreed in the Energy Affordability Strategy. In that regard, the Better Energy Homes scheme provides support towards the installation of attic and wall insulation, and heating system upgrades.
I hope this clarifies the matter for the Deputy.
436. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied) under the carer's allowance scheme; and if he will make a statement on the matter. [9380/16]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29 April 2016. 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.
I hope this clarifies the matter for the Deputy.
438. Deputy Clare Daly asked the Minister for Social Protection the rationale for the 0.3% reduction in deferred scheme benefits emanating from SI No. 15 of 2016 which resulted in a further deterioration in deferred members' benefit rates lagging behind the rate at which active members' benefits were increasing. [9394/16]
Amharc ar fhreagraThe Pensions Act 1990 provides for matters relating to occupational pensions, including the protection of members of pension schemes. It also provides for balance between the paying members, deferred members and drawing members (pensioners) of a pension scheme.
Under the provisions of the Pensions Act, the Minister for Social Protection must make Regulations specifying the percentage which will determine the amount by which a preserved pension benefit is to be increased or decreased in the revaluation year. Making these Regulations is a legislative requirement and an obligation on the Minister and there is no discretion not to set the percentage where there has been a change in the level of consumer prices during the year. Under these provisions, the Occupational Pension Schemes (Revaluation) Regulations, 2016 were laid before the Houses of the Oireachtas on the 8th of April 2016.
A person who leaves employment, and who has been a member of their former employer’s defined benefit pension scheme, may choose to either leave their accrued pension rights in the scheme of their former employer or transfer their rights to another vehicle which can accrue pension rights. Where the person chooses to leave their pension rights in the scheme of their former employer, and thereby becomes a deferred member of the scheme, legislation safeguards their rights in the scheme. Part of this protection is ensuring that their pension value is preserved and revalued annually to keep pace with changes in the annual rate of Consumer Price Inflation. This maintains the spending power of these pension entitlements to a reasonable level.
The Social Welfare and Pensions Act 2012 provided for a change to amend the imbalanced situation where static or decreasing wage rates impacted on employees’ potential pension benefits but not on the value of deferred members’ pensions. The anomaly had arisen because the annual revaluation for deferred scheme members was limited to a lower floor of 0%. This floor was removed, and the revaluation of deferred members’ benefits now tracks both negative and positive changes in the annual rate of the Consumer Price Index. 2015 is the first time the revaluation percentage has been negative, resulting in an adjustment of -0.3% to deferred member’s prospective pension benefits. However, it is worth noting that since 2009, the overall change in the revaluation percentage for deferred members has been positive at 4.5%.
It may be noted that the regulations cater for minimum standards. Scheme trustees, should the scheme rules allow it, are not precluded from applying revaluation rates that would be more beneficial to members where the scheme has the capacity to do so. For example, trustees may decide not to apply the negative revaluation for 2015. It should also be noted that these measures will not have any impact on former scheme members where the scheme has already wound up.
I hope this clarifies the matter for the Deputy.
439. Deputy Willie Penrose asked the Minister for Social Protection to backdate to February 2009 the claim of a person (details supplied) who has been deemed eligible again under the disability allowance scheme, the date when eligibility was initially stopped; and if he will make a statement on the matter. [9404/16]
Amharc ar fhreagraIllness benefit is a payment for people who cannot work due to illness and who satisfy certain pay related social insurance contributions. Illness benefit claims are subject to periodic reviews to determine if the person is still entitled.
The person concerned was in receipt of illness benefit from 1 Apr 2009 to 22 Apr 2015. The claim was disallowed from 23 April 2015 as the person concerned, on a number of occasions, failed to make themselves available for a medical examination by one of my Department’s medical assessors.
The person concerned was notified of this decision and their right of appeal. Despite protracted correspondence the person concerned failed to make themselves available for a medical examination. No appeal against this decision was lodged.
The person concerned contacted my department on 9 Mar 2016 and agreed to make themselves available for a medical assessment. Following this assessment, which took place on 19 Apr 2016, the person concerned was deemed to be eligible for illness benefit which was then was awarded from 09 March 2016, i.e. the day the person indicated their intention to attend an assessment.
If the person concerned is not satisfied with this decision, they may appeal against it by writing to The Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2, I hope this clarifies the matter for the Deputy.
440. Deputy Pat Breen asked the Minister for Social Protection when he will issue payment to a person (details supplied) under the carer's allowance scheme; and if he will make a statement on the matter. [9450/16]
Amharc ar fhreagraThe appeal of the person concerned against a refusal of carer’s allowance (CA) has been allowed and the application was awarded on 5 May 2016.
The first payment of CA is due to issue to her nominated post office on 26 May 2016. Arrears of CA due from 6 August 2015 to 25 May 2016 less Jobseeker’s Allowance paid during period, will issue shortly. The person concerned was notified of these details on the 5 May 2016.
I hope this clarifies the matter for the Deputy.
441. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied) under the disability allowance scheme; and if he will make a statement on the matter. [9384/16]
Amharc ar fhreagraThe person concerned is currently in receipt of jobseeker’s allowance.
She submitted an application for disability allowance (DA) on 2 July 2012.
The application, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 6 October 2012. The person in question appealed this decision by the deciding officer to the independent Social Welfare Appeals Office (SWAO).
Following due consideration, the appeal of the person in question was disallowed by an appeals officer (AO) on 3 February 2014. She was notified of this decision in writing by the SWAO on the same date. The decision of an AO is final and conclusive in absence of any fresh facts or evidence.
A complaint was made to the Ombudsman in 2014 but this was not upheld.
It is, of course, open to the person in question to make a new application for DA and her eligibility will be examined afresh, taking all available evidence into account.
I hope this clarifies the issue in question.
442. Deputy John McGuinness asked the Minister for Social Protection the status of an application by a person (details supplied) under the carer's allowance scheme including if he will expedite and approve it. [9448/16]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance (CA) from the person concerned on 28 January 2016 in respect of two care recipients. Unfortunately, the average time taken at present to decide a new application is running at 19 weeks. Additional resources have been provided to the CA section in order to improve the waiting times for new applications and they are working hard to make this happen.
This application will be processed as quickly as possible and the person concerned will be notified directly of the outcome. In the meantime, the person concerned is in receipt of a weekly social welfare support.
I hope this clarifies the matter for the Deputy.
443. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied) under the carer's allowance scheme; and if he will make a statement on the matter. [9481/16]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance (CA) from the person concerned on 19 October 2015. The person concerned was refused CA on the grounds that she was not providing full-time care and attention as required. The person concerned was notified on 8 March 2016 of this decision, the reason for it and of her right of review and appeal.
The person concerned has appealed this decision to the Social Welfare Appeals Office (SWAO) on 23 March 2016. The decision currently is being reviewed by a deciding officer (DO) and if that results in no change, the matter will be referred to the SWAO for determination.
I hope this clarifies the matter for the Deputy.
444. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied) under the carer's allowance scheme; and if he will make a statement on the matter. [9482/16]
Amharc ar fhreagraI confirm that the department received an application for Carer's Allowance (CA) from the person concerned on 6 October 2015 in respect of two care recipients.
It is a condition for receipt of a CA that the carer must be providing full-time care and attention. It is a further condition that the person being cared for must require full-time care and attention.
The evidence submitted in support of this application was examined and a deciding officer (DO) decided that the person concerned was not entitled to CA in respect of either of the care recipients on the grounds that neither of these conditions was satisfied.
The person concerned was notified on 3 May 2016 of these decisions, the reasons for it and of her right of review and appeal.
445. Deputy Pat Breen asked the Minister for Social Protection when he will issue payment to a person (details supplied); and if he will make a statement on the matter. [9447/16]
Amharc ar fhreagraThe person concerned was notified on the 26th April 2016 that her domiciliary care allowance has been awarded from 1 August 2015. The first payment of the allowance, along with arrears due, will issue on 17 May 2016.
I hope this clarifies the matter for the Deputy.
446. Deputy John McGuinness asked the Minister for Social Protection the status and purpose of a review (details supplied) under the carer's allowance scheme. [9474/16]
Amharc ar fhreagraCarer's Allowance (CA) is a means-tested social assistance payment, made to a person who is providing full-time care and attention to a person who has a disability such that they require that level of care.
The Department periodically reviews claims in payment to ensure that there is continued entitlement.
CA is in payment to the person concerned since 15 June 1999 and a review was recently carried out. As part of that review the matter was referred to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance continue to be satisfied.
The outcome of this review is that there has been no change in circumstances that would warrant a change to the original decision. The person concerned was notified of these details on 28 April 2016.
I hope this clarifies the matter for the Deputy.
