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Gnáthamharc

Tuesday, 27 Sep 2016

Written Answers Nos. 422 - 437

Social Welfare Code

Ceisteanna (422)

Noel Grealish

Ceist:

422. Deputy Noel Grealish asked the Minister for Social Protection if he will consider setting up a task force to find solutions to the problem of persons on social protection payments facing so many disincentives, through loss of benefits, that they feel they cannot return to work; his plans to rectify this situation; and if he will make a statement on the matter. [27112/16]

Amharc ar fhreagra

Freagraí scríofa

Government has already taken a number of steps in terms of examining these issues and putting measures in place to address them.

The Programme for Government; the Comprehensive Employment Strategy for those with a disability; and an entire strand of The Pathways to Work 2016-2020 labour market activation strategy all commit to actions to ensure that work pays. In addition, the Back to Work Family Dividend (BTWFD), introduced in Budget 2015, is very effective in further improving the work incentives for people with children.

The ESRI Report “Making Work Pay More: Recent Initiatives” found that the majority of jobseekers have a strong financial incentive to take up employment. The analysis shows that almost 80% of jobseekers would see their income increase by at least 40% on taking up employment and six out of ten would double their income. In addition they find that, of the small number of people who would be better off on welfare than in work, close to five out of six still chose to work.

The Government recognises, however, that additional efforts are needed. The Programme for Government contains commitments to improve the take-home pay of families on low-incomes. One of the most significant is the proposed ‘Working Family Payment’ targeted at low-income families. Over the course of the next four months, we will develop proposals for the new payment. In doing so, we will be guided by two principles. First, that it should ensure that work pays and that no family is better off on welfare than at work, and second, though equally important, that it has a positive effect on child poverty.

Making Work Pay cannot just be about welfare payments and top-ups. It also has to tackle low pay. The Programme for Government also commits to supporting an increase in the minimum wage. The Government will also strengthen the role of the Low Pay Commission to examine the gender pay gap and strengthen regulations on precarious work.

The ESRI report found that in the first year of the BTWFD the proportion of families with children facing a replacement rate of over 70% fell from 39% to 32%. They also find that the BTWFD results in the proportion of jobseekers that would be financially better off not working decreases from 1 in 15 to 1 in 20.

It is therefore clear that work pays with more than 100,000 additional people now at work and unemployment has fallen by over a third since the peak of the crisis.

In respect of people with disabilities the Government’s Comprehensive Employment Strategy for People with Disabilities sets out a ten year approach to ensuring that people with disabilities, who could and want to work, are supported and enabled to do so. Strand 3 of the Strategy, which my Department is leading [and which my colleague Minister McGrath is progressing], sets out the work programme which addresses many of these issues.

Under Strand 3 of the Strategy an interdepartmental group has been set up under an independent chair, Professor Frances Ruane, to prepare and submit a report to Government by the end of this year.

The interdepartmental group is examining the interaction between social welfare income supports (including secondary benefits), the tax system, other supports (including the medical card) and net income from employment.

In addition, the group will identify any significant disincentives for people with disabilities in taking up or in returning to work and make recommendations accordingly; the analysis will include consideration of options around ensuring that people with disabilities have a streamlined way to resume their disability payment and other supports, in the event that there is a deterioration in their condition or that they have to leave the job. The group has been charged with ensuring that options recommended are fully aligned with the “Pathways to Work” labour market activation agenda.

I am confident these measures will help to ensure that work pays for low-income families, those with a disability and others that may otherwise face financial disincentives in moving into employment.

Disability Allowance Appeals

Ceisteanna (423)

Michael Healy-Rae

Ceist:

423. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied) regarding refusal for disability allowance; and if he will make a statement on the matter. [27119/16]

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, has decided to disallow the appeal of the person concerned by way of a summary decision. 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.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Ceisteanna (424)

Michael Healy-Rae

Ceist:

424. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [27120/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been awarded disability allowance with effect from 13 April 2016. The first payment will issue by her selected payment method on 19 October 2016. Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Ceisteanna (425)

Michael Healy-Rae

Ceist:

425. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [27121/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been awarded disability allowance with effect from 11 May 2016. The first payment will issue by his selected payment method on 28 September 2016. Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Ceisteanna (426)

Michael Healy-Rae

Ceist:

426. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [27122/16]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that the Department is in receipt of an application for disability allowance (DA) from the above named person. On 19 August 2016 the application was referred by a deciding officer (DO) to a social welfare investigative officer (SWI) for a report on the person’s means and circumstances. Once the SWI has submitted his/her report to the DO, a decision will be made on the application and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Applications

Ceisteanna (427)

Michael Healy-Rae

Ceist:

427. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for the domiciliary care allowance by a person (details supplied); and if he will make a statement on the matter. [27161/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was notified on the 23rd September 2016 that her domiciliary care allowance has been awarded from 1st March 2016. Prior to the issuing of payment, along with any arrears due, her file has been forwarded to the debt recovery area of the Department in order to arrange for the recovery of an existing overpayment. This section will be in contact with the person concerned to finalise arrangements.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Applications

Ceisteanna (428)

Michael Healy-Rae

Ceist:

428. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for the domiciliary care allowance by a person (details supplied); and if he will make a statement on the matter. [27162/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was notified on the 26th September 2016 that her domiciliary care allowance has been awarded from 1st June 2016. The first payment of the allowance, along with arrears due, will issue on the 18th October 2016.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Review

Ceisteanna (429)

Michael Healy-Rae

Ceist:

429. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for the domiciliary care allowance by a person (details supplied); and if he will make a statement on the matter. [27163/16]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance was received from the person concerned on the 15th March 2016. This application was not allowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 6th July 2016 outlining the decision of the deciding officer to refuse the allowance.

A request for a review of this decision was received on 12th July 2016. The application will be re-examined by a deciding officer and a revised decision will be made if warranted. The person concerned will be notified of the outcome of this review as soon as it is completed. Such reviews can take up to 12 weeks to complete at present.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Appeals

Ceisteanna (430)

Michael Healy-Rae

Ceist:

430. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for the domiciliary care allowance by a person (details supplied); and if he will make a statement on the matter. [27165/16]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance (DCA) was received from the person concerned on the 10th December 2015. The application was not allowed as it was considered that the child did not meet the eligibility criteria for the allowance. A decision letter issued on 1st March 2016.

The person concerned lodged an appeal on the 4th April 2016 and forwarded additional information in support of their application. A review of the original decision was undertaken as part of the appeals process and the person concerned was notified on 26th September 2016 that the original decision was upheld. The application together with the additional information supplied has been forwarded for consideration by the Appeals Office. The Appeal Office will be in contact in due course.

I hope this clarifies the matter for the Deputy.

Family Income Supplement

Ceisteanna (431)

Michael Healy-Rae

Ceist:

431. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for family income supplement by a person (details supplied); and if he will make a statement on the matter. [27166/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned applied for Family Income Supplement (FIS) on 26th February 2016.

Unfortunately, this application form could not be located and a further FIS application form was issued to the client on the 13th September 2016. A completed form was received from the person concerned on the 23th September and the claim was processed immediately.

This person’s FIS is now in payment and all arrears have been issued.

I trust that this clarifies the matter for the Deputy.

Family Income Supplement Appeals

Ceisteanna (432)

Michael Healy-Rae

Ceist:

432. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal regarding the decision on a family income supplement application by a person (details supplied); and if he will make a statement on the matter. [27169/16]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.

Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Disability Allowance Appeals

Ceisteanna (433)

Michael Healy-Rae

Ceist:

433. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal regarding refusal of disability allowance for a person (details supplied); and if he will make a statement on the matter. [27193/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned submitted an application for disability allowance (DA) on 27 June 2016. 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 8 September 2016. The person was also notified of her right to a review of this decision or to appeal it to the independent Social Welfare Appeals Office.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (434)

Bernard Durkan

Ceist:

434. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct social protection entitlements to be paid in the case of a person (details supplied); and if he will make a statement on the matter. [27198/16]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is currently residing in direct provision accommodation as provided by the Irish Refugee Protection Programme. The food and accommodation benefits attributed to this accommodation are deemed to be non-cash benefits, and for a single person are valued at €166.90 when assessing jobseeker allowance. In addition, the person concerned is also engaged in casual part-time employment which is assessable as means for the purposes of jobseekers allowance.

This assessment is correct according to the information supplied to this Department by the person concerned.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Appeals

Ceisteanna (435)

Bernard Durkan

Ceist:

435. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of an application for invalidity pension in the case of a person (details supplied); and if he will make a statement on the matter. [27200/16]

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.

To qualify for IP, claimants must have (inter-alia) at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last complete contribution year before the date of their claim. Only PRSI classes A, E or H contributions are reckonable for IP purposes.

The person concerned has been in receipt of Disability Allowance from this Department since the 03 December 2014 at a reduced rate consequent on means. An application for IP was received from the person concerned on the 08 July 2016. He was refused IP on the grounds that the contribution conditions for the scheme were not satisfied. The person in question was notified on the 23 September 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.

One-Parent Family Payment

Ceisteanna (436)

Ruth Coppinger

Ceist:

436. Deputy Ruth Coppinger asked the Minister for Social Protection his views on contacting non-custodial parents to inform them that they are no longer liable to pay maintenance for their children as it has been reported (details supplied); and if he will make a statement on the matter. [27249/16]

Amharc ar fhreagra

Freagraí scríofa

The Family Law Acts, which are under the remit of the Department of Justice and Equality (D/JE), place a legal obligation on parents to maintain their children. In cases where the family unit has broken down these obligations continue to apply and relevant maintenance payments can be arranged either privately or through D/JE supports like the Family Mediation Service, the Legal Aid Board and the Courts. The arrangement of maintenance is therefore a matter between both parents regardless of whether or not either parent is in receipt of a social welfare payment.

The liability to maintain family provisions, contained in social welfare legislation, are separate to, and do not negate or supersede parents’ obligations under Family Law. Where a lone parent is in receipt of OFP, the liability to maintain family provisions provide the Department of Social Protection with a legislative basis to carry out an assessment against the other parent and issue a Determination Order for them to pay a contribution either to the Department or the lone parent. The Department is not arranging maintenance but is ensuring, where possible, that as OFP is in payment that the other parent makes a financial contribution either to the Department or the lone parent.

Where the OFP payment ceases (e.g. the lone parent transitions from OFP to another social welfare payment as a result of the age of their youngest child or the lone parent finds employment and is no longer entitled to OFP), and the Department had successfully arranged a contribution from the other parent (which only occurs in less than 8% of cases), the Department must inform the other parent that his/her liability to the Department has ceased. The letter does not inform the other parent that s/he is no longer liable to pay maintenance and makes it clear that any existing maintenance arrangements private or otherwise should remain in place. These letters have always issued when the OFP payment ceases.

Currently contribution assessments can only be carried out where the OFP is in payment and this does not extend to other social welfare payments, including the Jobseeker’s Transitional Payment (JST). The Department is currently reviewing the liability to maintain family provisions.

One-Parent Family Payment

Ceisteanna (437)

Ruth Coppinger

Ceist:

437. Deputy Ruth Coppinger asked the Minister for Social Protection his views regarding the impact that seeking maintenance from the liable relative which is a condition of the jobseeker's transitional payment scheme may have on the welfare of parents who would be required to make contact with abusive former partners; and if he will make a statement on the matter. [27250/16]

Amharc ar fhreagra

Freagraí scríofa

The jobseeker’s transitional payment (JST) is available to lone parents, who would be entitled to claim one parent family payment, but that their youngest child is aged 7 to 13 years inclusive. These customers are exempt from the full jobseeker’s allowance conditions that require them to be available for, and genuinely seeking, full-time work.

As with conditionality for one parent family payment, customers will be expected to have sought maintenance from the other parent, where possible. Departmental staff would explain this to customers during the initial claim appointment.

However, it is not the policy of the Department to have JST customers contact former abusive partners to seek maintenance. In such situations, claims would be processed without delay and without the customer having to make contact with their former partner.

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