Written Answers Nos. 520-540
520. Deputy Imelda Munster asked the Minister for Housing, Planning, Community and Local Government the legislation under which a local authority can disregard the Government's household means policy 2011 and include carer's allowance in its assessment of the rent that can be charged. [1565/17]
Amharc ar fhreagraTo qualify for social housing support a household must meet all of the eligibility criteria, which primarily relate to income and alternative accommodation. The Social Housing Assessment Regulations 2011 prescribe maximum net income limits for each housing authority, in different bands according to the area, with income being defined and assessed according to a standard Household Means Policy. This policy does not cover any aspect of the way in which rents are charged for social housing by local authorities.
The making and amending of rent schemes is the responsibility of local authorities as an integral part of their housing management functions, subject to broad principles laid down by my Department in Circular letter HRT 3/2002 of 6 March 2002. It is a matter for local authorities, when assessing individual households, to consider whether rents payable are in accordance with the authority’s rent scheme. Therefore, decisions on whether or not to disregard either a proportion of income or particular sources of income for the purposes of calculating rents are matters for each individual local authority to consider in accordance with their own rent scheme.
Section 31 of the Housing (Miscellaneous Provisions) Act 2009 allows the Minister to make regulations in respect of various matters to be included in a rent scheme. These can include the sources of household income that may be assessed for the purpose of determining rent levels.
Considerable work has been carried out by my Department in developing a draft framework for a harmonisation of the approach to be taken by local authorities in regard to various aspects of rent schemes. This includes providing for a common set of income disregards to be applied by all housing authorities in determining a household’s assessable income for rent calculation purposes.
These proposals are now being examined further in the light of the broader commitment given in the Rebuilding Ireland Action Plan for Housing and Homelessness, to review the disparate systems of differential rents for social housing in place across local authorities. The overall aim is to ensure that housing supports are fair and sustainable, prioritise those on lowest incomes and avoid creating social welfare traps that may prevent people from either returning to work or to the private housing market. This review is scheduled to be completed before the end of Quarter 2 2017.
521. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if there is any mechanism by which notification can issue if a foreshore licence is applied for by a company (details supplied) in respect of oil and gas exploration at Kish bank; and if he will make a statement on the matter. [1578/17]
Amharc ar fhreagraThere is no mechanism under the 1933 Foreshore Act by which a notification issues if a specific company applies for a foreshore licence. I can confirm that to date no application for a foreshore licence in respect of oil and gas exploration at Kish Bank has been submitted to my Department by the company concerned. Should an application be received it will be assessed for completeness, following which a period of consultation will be held with Statutory and Non-Statutory Consultees and the general public.
523. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government when the revised NSAI pyrite standard will be confirmed and published. [1625/17]
Amharc ar fhreagraThe development of national standards is the responsibility of the National Standards Authority of Ireland; I have no function in relation to such matters. In late 2015, the National Standards Authority of Ireland commenced a review of I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation in the light of practical experience since the standard was first published on 29 January 2013. The standard is being updated and revised to reflect the on-site experiences and evidence gathered by technical experts, such as engineers, geologists, professionals providing sampling and testing services and other technical experts, who have been using the standard over the past four years.
A public consultation was announced on the revision of I.S. 398-1:2013, which closed on 17 December 2016. My Department understands that it is anticipated that the revised standard will be published later this year.
525. Deputy Michael D'Arcy asked the Minister for Housing, Planning, Community and Local Government when housing estates will be reassessed for the local property tax unfinished estates exemption scheme, that is, any estates that are unfinished to be added to the list (details supplied); and if he will make a statement on the matter. [1760/17]
Amharc ar fhreagraI have no plans at present to reassess the waivers in place for certain unfinished housing developments in the context of the operation of the Local Property Tax, which is a matter for the Department of Finance and the Revenue Commissioners. It should be also noted that the number of unfinished housing developments recorded in the National Housing Development Survey has been steadily and significantly decreasing since the Government’s Action Plan on Unfinished Estates began in 2010, with the results of the latest 2016 survey expected to be published by my Department in February.
With regard to the specific estate mentioned by the Deputy, which was never included within the LPT Unfinished Housing Development exemption list, the 2015 Housing Survey identified this development as being ‘substantially complete’ and at the time of the survey ‘active’ with six units under construction (08/09/2015). The estate was therefore removed from the UFHD database and therefore the development is not currently categorised as ‘unfinished’.
However, I consider that the focus should now be on resolving whatever completion issues remain with this development, which is a matter for both the relevant local authority, in this case Wexford County Council, and the developer to work on in addressing the concerns of residents.
526. Deputy Jim O'Callaghan asked the Minister for Housing, Planning, Community and Local Government if his Department has complied with section 42 of the Irish Human Rights and Equality Commission Act 2014 which requires his Department to set out, in a manner that is accessible to the public in its strategic plan, an assessment of the human rights and equality issues it views to be relevant to the functions and purpose of his Department; and the policies, plans and actions in place or proposed to be put in place to address those issues; and if he will make a statement on the matter. [1764/17]
Amharc ar fhreagraIn accordance with the Public Service Management Act 1997, my Department has recently published a Statement of Strategy for the period 2016-2019. The Statement was drawn up in accordance with guidelines issued by the Department of the Taoiseach including with regard to obligations under section 42 of the Irish Human Rights and Equality Act 2014, to assess and report on human rights and equality issues. As required by that Act, the Statement of Strategy identifies the most pertinent aspects of my Department’s business to which human rights and equality considerations apply, and it lists the plans and policies in place to address these issues.
Over the period of the Strategy Statement, my Department will report on progress in addressing relevant human rights and equality issues in the context of our Annual Reports.
The Statement of Strategy 2016-2019 is available in English at: http://www.housing.gov.ie/sites/default/files/publications/files/20170106-statement-of-strategy-eng.pdf.
and in Irish at: http://www.housing.gov.ie/sites/default/files/publications/files/20170106-statement-of-strategy-gaeilge.pdf.
527. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government if improvements will be introduced at an early date to the tenant purchase scheme to enable Part V tenants, and tenants in receipt of a social welfare payment who are in a financial position to purchase their homes, to participate in this scheme; and if he will make a statement on the matter. [1933/17]
Amharc ar fhreagraThe Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.
The provisions of Part V of the Planning and Development Act 2000, as amended, are designed to enable the development of mixed tenure sustainable communities. Part V units are excluded from the Tenant (Incremental) Purchase Scheme 2016 to ensure that units delivered under this mechanism will remain available for people in need of social housing support and that the original policy goals of the legislation are not eroded over time. The continued development of mixed tenure communities remains very important in promoting social integration.
In line with the commitment given in Rebuilding Ireland - Action Plan for Housing and Homelessness, a review of the first 12 months of the scheme’s operation is currently being undertaken by my Department. Details of how to participate in the public consultation process which will inform this review can be found at the link below:
http://www.housing.gov.ie/housing/social-housing/tenant-purchase-scheme/public-consultation-review-tenant-incremental-purchase.
528. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the widespread concerns in relation to the conduct of An Bord Pleanála regarding the approval of the planning application for the proposed North-South interconnector; if consideration will be given to the issues raised in correspondence (details supplied); and if he will make a statement on the matter. [1947/17]
Amharc ar fhreagraDecisions in relation to projects of the kind concerned are a matter for An Bord Pleanála. Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
529. Deputy Marc MacSharry asked the Minister for Social Protection his plans to introduce a surcharge on the free travel pass; and if he will make a statement on the matter. [41083/16]
Amharc ar fhreagraThe free travel scheme provides free travel for those with eligibility on the main public and private transport services which includes road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann, Iarnród Éireann, Luas and services provided by over 80 private transport operators. There are currently approximately 873,000 customers with direct eligibility with an annual allocation of €80 million.
I believe that the free travel pass is a valuable support for older people and people with disabilities, and I have no plans to introduce a surcharge on the free travel pass.
I hope this clarifies the matter for the Deputy.
530. Deputy John McGuinness asked the Minister for Social Protection if carer's allowance will be approved in the case of a person (details supplied). [41011/16]
Amharc ar fhreagraCarer’s allowance was awarded to the person concerned on 9 December 2016 and the first payment issued to their nominated bank account on 12 December 2016.
Arrears of allowance due from 18 August 2016 to 14 December 2016 have also issued to the bank.
The person concerned was notified of these details on 9 December 2016.
I hope this clarifies the matter for the Deputy
531. Deputy John McGuinness asked the Minister for Social Protection if a family income supplement or supplementary welfare will be paid to a person (details supplied). [41012/16]
Amharc ar fhreagraAn application for family income supplement (FIS) was made by the person concerned but was disallowed on the grounds that the net weekly assessable earnings exceeded the prescribed income level for the number of people in the family.
The person concerned has now appealed this decision on 3rd January 2017 and this information has now been forwarded to the Chief Appeals Office, D’Olier Street, Dublin. A letter of clarification will be issued when returned to FIS Section.
I trust this clarifies the matter for the Deputy.
532. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a person (details supplied) was not awarded a Christmas bonus; and if this decision will be reviewed. [41016/16]
Amharc ar fhreagraThe Christmas bonus is a payment equivalent to 85% of the appropriate amount of a person’s weekly payment, which is to be paid to all customers on a long-term Social Welfare payment who meet certain criteria. The person concerned is in receipt of a Jobseeker's Allowance payment. One of the criteria to qualify for this bonus is that one must be in receipt of this payment in excess of 390 days. The person concerned had been paid a total of 266 days at the relevant time and, therefore, did not have an entitlement for the recent Christmas bonus payment. He has already been notified of the outcome by post on 1st December 2016.
A review of the decision has now taken place and no grounds to alter it have been found.
I trust this clarifies the matter for the Deputy.
533. Deputy Bernard J. Durkan asked the Minister for Social Protection the procedure to be followed and criteria applicable when processing applications for personal public service, PPS, numbers; and if he will make a statement on the matter. [41017/16]
Amharc ar fhreagra542. Deputy Bernard J. Durkan asked the Minister for Social Protection the requirements in relation to the registration for a personal public service, PPS, number; if the same regime applies throughout all social welfare offices throughout the country; and if he will make a statement on the matter. [41050/16]
Amharc ar fhreagraI propose to take Questions Nos. 533 and 542 together.
The legislation governing the issue of a PPS Number is the Social Welfare Consolidation Act 2005, as amended. Sections 262(2) and (2A) provide that –
(2) The Minister may, subject to subsection (2A), allocate and issue a personal public service number to each person who is the subject of any transaction with a specified body.
(2A) The Minister shall not allocate and issue a personal public service number to a person unless the Minister is satisfied as to the identity of the person to whom such number is to be allocated and issued.
Where a person is born in the State, a PPS Number is automatically allocated at the time of birth registration.
Where a person comes to the State and requires a PPS Number, they must attend and apply in person at a PPS Number allocation centre. The required documents for the allocation of a PPS Number in these circumstances are acceptable evidence of identity and acceptable evidence that a PPS Number is required in order to carry out a transaction with a specified body (a State organisation specified in legislation as authorised to use PPS Numbers). In addition, evidence of address is required so that notification of the PPS Number will be received by the person.
As the requirements for PPS Number allocation are laid down in legislation, they apply to all applications irrespective of the office in which they are made.
If the Deputy has a specific case to hand please do not hesitate to get in touch with the Department.
534. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the status of an application for a disability allowance by person (details supplied); and when a decision will issue. [41020/16]
Amharc ar fhreagraI confirm that my Department received an application for disability allowance from this lady on 25 November 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
535. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for an invalidity pension by a person (details supplied); and if he will make a statement on the matter. [41025/16]
Amharc ar fhreagraThe lady referred to has been awarded invalidity pension with effect from the 24 November 2016. Payment will issue to her nominated bank account on 19 January 2017. Any arrears due from 24 November 2016 to 18 January 2017 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The lady in question was notified of this decision on the 13 January 2017.
I hope this clarifies the matter for the Deputy.
536. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a disability allowance review in respect of a person (details supplied); and if he will make a statement on the matter. [41034/16]
Amharc ar fhreagraFollowing a review of the entitlement of this lady, disability allowance (DA) was disallowed with effect from 17 January 2017 as she was deemed to have means in excess of the statutory limit for her circumstances. Notification of this decision issued on 6 January 2017.
The person in question has been advised of her right to review and/or appeal this decision to the social welfare appeals office.
I trust this clarifies the matter for the Deputy.
537. Deputy David Cullinane asked the Minister for Social Protection the process by which the Pensions Authority considers whether to make a direction to the trustees of a pension scheme to wind up a scheme. [41042/16]
Amharc ar fhreagraSections 50 and 50B of the Pensions Act, respectively, give the Authority the powers to direct trustees of defined benefit (DB) schemes to reduce benefits under a scheme or to wind up the scheme. These powers may be exercised by the Authority where a DB scheme fails to meet the statutory funding standard under the Act.
The Authority recognises the serious nature of these powers and the impact their exercise may have on members’ benefits, and, as a result, only takes such a serious step reluctantly. However, the Authority must ensure that the funding standard is adhered to and cannot permit persistent non-compliance in this area because an underfunded scheme is unlikely to be able to pay the benefits promised to scheme members without a sustainable recovery plan being put in place. In such a situation, younger members are at particular risk not only of getting less than full benefits but of losing the contributions they may be making into the scheme.
Regulations issued under Section 50 and Section 50B of the Pensions Act set out the information and notification requirements that must be carried out by scheme trustees before the Pensions Authority issues a direction under Section 50 or Section 50B of the Pensions Act.
Where the Authority proposes to issue a direction under Section 50 or 50B of the Act, all members (actives, deferred and pensioners) will be afforded the opportunity to make submissions to the Authority. Scheme members who have concerns about the funding status of their scheme should in the first instance contact the trustees of their scheme.
The Authority strongly encourages trustees of such schemes to accelerate their own efforts to find a solution to their funding deficit without Authority intervention.
I hope this clarifies the matter for the Deputy.
538. Deputy David Cullinane asked the Minister for Social Protection the consequences for workers who pay into a pension scheme that has been directed to be wound up by the Pensions Authority. [41043/16]
Amharc ar fhreagraSections 50 and 50B of the Pensions Act, respectively, give the Pensions Authority the powers to direct trustees of defined benefit (DB) schemes to reduce benefits under a scheme or to wind up the scheme. These powers may be exercised by the Authority where a DB scheme fails to meet the statutory funding standard under the Act and where a sustainable funding proposal is not put in place.
The impact of the exercise of these powers on pension schemes and members’ benefits is considered carefully by the Authority in reaching any decision to direct the wind-up of a scheme. It is essential that schemes meet the funding standard so that benefits promised to scheme members can be made. If a sustainable recovery plan is not put in place then the benefits of members, particularly non-pensioner members, may be at risk and steps must be taken to prevent further erosion.
This distribution of the scheme assets by the trustees must be carried out in accordance with the priority order set out in the Pensions Act. Section 48 of the Pensions Act sets out the wind-up priority order in which the assets of a DB pension scheme are distributed in the event of the wind up of a scheme. The wind-up priority order was amended by the Social Welfare and Pensions (No.2) Act in 2013 to provide greater protections to active and deferred scheme members.
When a scheme is being wound up, trustees must transfer each member’s benefits into a new pension scheme; or purchase an approved assurance policy with a life assurance company on behalf of each member (a buy-out bond for active members and deferred members or an annuity for pensioners); or transfer each member’s benefits into a PRSA, subject to certain conditions.
It is important to note that the powers given to the Pensions Authority to reduce benefits or wind up a pension scheme are to protect pension scheme members whose schemes are not sustainable.
To date, the Pensions Authority has not used powers under Sections 50 and 50B to reduce benefits or wind up a pension scheme.
I hope this clarifies the matter for the Deputy.
539. Deputy David Cullinane asked the Minister for Social Protection the safeguards for workers who pay into a pension scheme that has been directed to be wound up by the Pensions Authority. [41044/16]
Amharc ar fhreagraI understand the importance of ensuring that safeguards are in place for scheme members where a pension scheme is being wound up as a result of a direction by the Pensions Authority.
The Pensions Authority has the power to issue a direction to the trustees of a defined benefit pension scheme to:
- restructure scheme benefits under section 50 of the Pensions Act or
- wind up a defined benefit pension scheme under section 50B of the Pensions Act.
The Pensions Authority would consider exercising these powers in situations where a scheme fails to comply with the scheme funding requirements (funding standard) as set out in Part IV of the Pensions Act.
To date the Pensions Authority has never had to use the powers available under the Pensions Act to direct the unilateral wind up of a pension scheme.
The Occupational Pension Schemes (Section 50 and 50B) Regulations 2014, [S.I. No. 392 of 2014] sets out the procedure to be followed when the Pensions Authority is considering making a direction under section 50 of the Pensions Act to restructure the benefits of a pension schemes or a direction to wind up a pension scheme under section 50B of the Pensions Act.
These Regulations set out the:
- Requirement on such persons as may be specified, to provide specified information to the Pensions Authority in its consideration of proposals to issue a direction under section 50 or section 50B of the Pensions Act.
- Requirement on the employer and the trustees of a pension scheme to notify scheme members, beneficiaries, the authorised trade union or any representative group of proposals by the Pensions Authority to issue a direction to restructure scheme benefits or to wind up a pension scheme.
- Provision for scheme members, beneficiaries, authorised trade unions or any representative group to make a submission to the Pensions Authority in respect of proposals by the Pensions Authority to issue a direction to restructure scheme benefits or to wind up a pension scheme.
This affords members or their representative groups an opportunity to make a submission to the Pensions Authority in relation to such proposals. They also have the right to appeal such a direction by the Pensions Authority to the High Court on a point of law.
Where a scheme is being wound up, the Pensions Act requires trustees to complete the wind-up without undue delay. The Act also set outs wind-up priority orders that depend on whether the scheme’s employer is solvent or insolvent at the date of the wind-up.
Section 48 of the Pensions Act sets out the wind-up priority order in which the assets of a defined benefit pension scheme are distributed in the event of the wind-up of a scheme. The wind-up priority order was amended by the Social Welfare and Pensions (No. 2) Act in 2013 to provide greater protections to active and deferred scheme members.
In cases where not all employer pension contributions have been made, trustees can claim under the Insolvency Payments Scheme. The purpose of the scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act 1984, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include certain pension contributions.
Where a scheme is underfunded at the date of wind-up and the employer is also insolvent, a claim for additional funds from the Exchequer may be made to discharge the liabilities for benefits contained in section 48(1D) of the Pensions Act.
I hope this clarifies the matter for the Deputy.
540. Deputy David Cullinane asked the Minister for Social Protection the consequences for a pension scheme that fails to submit a funding proposal under section 49 of the Pension Act. [41045/16]
Amharc ar fhreagraThe Pensions Act requires that trustees arrange for an actuary to carry out a valuation of a defined benefit (DB) pension scheme’s liabilities and assets at regular intervals and submit an actuarial valuation certificate to the Pensions Authority outlining the funding position of the scheme. The date of each scheme valuation must be not later than 3 years after the last date of the previous valuation for that scheme.
If the actuary certifies that the scheme has insufficient assets to satisfy the funding standard set out in the Act, the scheme's trustees must ensure that a funding proposal is prepared and sent to the Pensions Authority with the actuarial funding certificate. The funding proposal must set out measures which will ensure that the scheme could reasonably be expected to satisfy the funding standard at the date of the next actuarial funding certificate or other specified date.
It is essential that any underfunded scheme submits a funding proposal to the Pensions Authority in a timely manner.
Following approval of funding proposals, schemes report to the Pensions Authority on their compliance with such funding proposals on an annual basis .
Where a DB scheme fails to meet the statutory funding standard and fails to agree a funding proposal under section 49 of the Pension Act, Sections 50 and 50B of the Pensions Act, respectively, give the Pensions Authority the power to direct trustees of DB schemes to reduce benefits under a scheme or wind up the scheme.
To date, the Pensions Authority has never had to use Sections 50 and 50B to reduce benefits or wind up a pension scheme.
Under the Pensions Act trustees can be prosecuted or replaced by the High Court for failure to submit a funding proposal to the Authority.
I hope this clarifies the matter for the Deputy.
