Written Answers Nos. 640-56
640. Deputy Willie Penrose asked the Minister for Social Protection the position regarding a social protection overpayment to a person (details supplied); and if he will make a statement on the matter. [1381/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17 August 2016. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 24 November 2016. The case was referred to an Appeals Officer on 5 December 2016 who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
641. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct entitlement of widower's pension or OAP in the case of a person (details supplied); and if he will make a statement on the matter. [1389/17]
Amharc ar fhreagraAn application for state pension (contributory) (SPC) was received from the person concerned in September 2016. In order to qualify for SPC, all outstanding self-employment liabilities must be paid. According to the Department’s records, outstanding liabilities remain in respect of the 2008 tax year. The person concerned has been notified that the conditions for SPC are not satisfied until all outstanding liabilities have been paid. When the person concerned has paid their outstanding liabilities, they should contact my Department so that their entitlement can be reviewed without delay.
A widower's pension (contributory) application was received from the person concerned on 28 November 2016. In a similar way, qualification for pension is impacted by any existing outstanding self-employment liabilities. The person concerned has been contacted and advised to finalise their liabilities in respect of the 2008 tax year and to notify my Department when this is completed, so that their entitlement can be reviewed promptly.
The person concerned has also made an application for state pension (non-contributory). As this is a means tested payment, further information has been sought from the person concerned. On receipt of the requested information, their entitlement to pension will be examined.
I hope this clarifies the matter for the Deputy.
642. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review can be undertaken of a recent refusal of application for disability allowance in the case of a person (details supplied); and if he will make a statement on the matter. [1426/17]
Amharc ar fhreagraThis man submitted an application for disability allowance on 21 September 2016.
The application was refused on the grounds that information requested by my department, on 22 November 2016, to determine his eligibility was not provided. The person in question was notified in writing of this decision on 30 November 2016 and of his rights of review and appeal.
In order to conduct a review of his entitlement, the person in question should submit the information sought. On receipt of this information, the deciding officer will review the application.
I trust this clarifies the matter for the Deputy.
643. Deputy Bernard J. Durkan asked the Minister for Social Protection if recovery of debt accrued by way of overpayment can be deferred in the case of a person (details supplied); and if he will make a statement on the matter. [1436/17]
Amharc ar fhreagraMy department is in contact with this lady with proposals for the recovery of the debt. The debt recovery officer is still awaiting a response to the recovery proposal sent to the person concerned on 16 November 2016. A reminder issued to this lady on 12 January 2017.
I trust this clarifies the matter for the Deputy.
644. Deputy Michael Ring asked the Minister for Social Protection when a decision will be reached on an invalidity pension application by a person (details supplied) in County Mayo. [1438/17]
Amharc ar fhreagraThe gentleman referred to has been awarded invalidity pension with effect from the 20 October 2016. Payment will issue to his nominated bank account on the 19 January 2017. Any arrears due from 20 October 2016 to 18 January 2017 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The gentleman in question was notified of this decision on the 11 January 2017.
I hope this clarifies the matter for the Deputy.
645. Deputy Niamh Smyth asked the Minister for Social Protection the current waiting times for the carer's allowance and carer's benefit; and if he will make a statement on the matter. [1463/17]
Amharc ar fhreagraMy Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.
My Department has seen a significant reduction in the average CA processing from 22 weeks at the end of May 2016 to 11 weeks at the end of December 2016, while for carer’s benefit (CARB) applications it has reduced to 8 weeks. It is expected that processing times for both schemes will reduce further.
Applications for CA in 2016 were 20% higher than in 2015 while applications for CARB were 61% higher.
I hope this clarifies the matter for the Deputy.
646. Deputy Bernard J. Durkan asked the Minister for Social Protection when jobseeker's allowance will be paid in the case of a person (details supplied); and if he will make a statement on the matter. [1471/17]
Amharc ar fhreagraAccording to the records of the Department, the person concerned does not currently have an entitlement to jobseeker's allowance. The person concerned was in receipt of a jobseeker's allowance payment from October 2014 until November 2016. Following a normal review of her claim which included a means assessment, a revised decision issued effective from 30 November 2016, deemed that the person concerned has means in excess of the weekly payment applicable for a person of her circumstances. Payment of jobseeker's allowance therefore ceased with effect from 30 November 2016.
The person concerned was advised of her right to appeal the decision of the Deciding Officer to the Social Welfare Appeals Office but no appeal has been received to date.
I trust that this clarifies the matter for the Deputy.
647. Deputy John Brady asked the Minister for Social Protection his plans to address concerns regarding persons who slip through the social protection safety net; his further plans regarding closing loopholes which leave older citizens impoverished; and if he will make a statement on the matter. [1474/17]
Amharc ar fhreagraI understand from the Deputy’s office that this question refers to a person who does not qualify for the State Pension Contributory and applied for the State Pension Non Contributory (SPNC). However, she did not qualify for SPNC due to her means, and was unsuccessful in her appeal of this decision.
In assessing means for social assistance payments such as SPNC, account is taken of the income and the value of property of the claimant and his or her spouse/partner, where applicable. Social welfare legislation provides that the yearly value of property, including capital, owned but not personally used or enjoyed is assessable for means-testing purposes. Such property includes all monies held in financial institutions or otherwise, the market value of shares as well as houses and premises owned by a claimant which may or may not be put to commercial use. However, it does not include property such as the family home a person is personally using or enjoying i.e. residing in or, for example, a premises used by the claimant in carrying out a business.
The current market value of the relevant property is established (having regard to local property prices) as well as the amount of any outstanding mortgages on that property. The balance (market value less outstanding mortgage) is assessed by reference to a notional formula.
The current assessment method, involving a disregard of an initial amount of capital and an increasing notional weekly value for amounts in excess of the disregarded amount, applies for most welfare schemes. The formula reflects the policy of ensuring that those with property and capital of modest amounts of capital receive the greater share of available support while those with larger amounts avail of it to contribute, at least partially, towards meeting their needs. This approach is one of the key elements of a means-tested income support system.
The Deputy may wish to note that it is open to this person to re-apply for SPNC if her circumstances have changed or to apply for Supplementary Welfare Allowance if the resources currently available to her are insufficient to meet her needs.
I hope that this clarifies the matter for the Deputy.
648. Deputy John Brady asked the Minister for Social Protection the entitlements of a person on a community employment scheme if he or she becomes ill or is injured short term and does not have enough PRSI contributions to avail of illness benefit; and if he will make a statement on the matter. [1475/17]
Amharc ar fhreagraThe Community Employment (CE) Operating Guidelines allow the grant aiding of participant wages by the Department to the CE Sponsor organisation/employer for up to 56 working hours of medically certified sick leave (the hourly equivalent of 7 full days). Only when that 56 hour threshold has been exhausted is grant aid for wages suspended for any further certified sick leave by that participant during the 52 weeks of their CE contract.
Parallel to the above is the provision of illness benefit which is available to any employee who is medically certified as being unfit for work for 4 or more consecutive days (the first three days of illness are always unpaid on this benefit) and meet the qualification criteria.
If a person is unable to work due to illness and has insufficient means to meet their needs, they should contact their local Intreo Office regarding their eligibility for Supplementary Welfare Allowance (SWA).
I hope this clarifies the matter for the Deputy.
649. Deputy Michael D'Arcy asked the Minister for Social Protection when an appeal of a domiciliary care application will be processed and decided upon for a person (details supplied) in County Wexford; and if he will make a statement on the matter. [1478/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 28 November 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.
650. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for invalidity pension in respect of a person (details supplied); and if he will make a statement on the matter. [1498/17]
Amharc ar fhreagraThe gentleman referred to has been awarded invalidity pension with effect from the 17 November 2016. Payment will issue to his nominated bank account on the 19 January 2017. Any arrears due from 17 November 2016 to 18 January 2017 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The gentleman in question was notified of this decision on the 12 January 2017.
I hope this clarifies the matter for the Deputy.
651. Deputy Willie O'Dea asked the Minister for Social Protection the number of social welfare appeals lodged in each of the years 2012 to 2016 in tabular form; the percentage of appeals which were successful; the average waiting time in these years; and if he will make a statement on the matter. [1516/17]
Amharc ar fhreagraThe tables provide the details which have been requested by the Deputy from 2012 to 2016.
The figures provided in the tables for appeals which had a favourable outcome for the appellant include appeals which were either allowed in full or in part by an Appeals Officer and appeals which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal. It is not necessarily the case that the first decision was incorrect. It is often the case that new evidence is provided with an appeal and that, as a result, the original decision may be revised by the Deciding Officer or Designated Person. This occurred in some 37 per cent of favourable appeal outcomes in 2016 (5,100 cases) and some 35 per cent of favourable appeal outcomes in 2015 (5,200 cases).
Where the decision was not revised by the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds. In addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.
As the Deputy will be aware, appeal processing times are kept under constant scrutiny by the Chief Appeals Officer and significant effort and resources have been devoted in recent years to reducing the length of time taken to finalise an appeal. As a result good progress has been made in this regard as outlined in the following table.
The average time taken to determine an appeal requiring an oral hearing reduced from a peak of 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015 and 24.1 weeks in 2016 and the average time taken to finalise an appeal decided by way of a summary decision dropped from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015 and 17.6 weeks in 2016.
The quasi-judicial nature of the appeals system means that there are inevitable time-lags involved. However the system is designed to be flexible and fair and allows for review and submission of further information at all stages. The time taken is proportionate to the complexity of many of the issues under appeal which require a high level of judgement, and the need to ensure due process and natural justice.
The Chief Appeals Officer has advised me that the further reduction of appeal processing times will continue to be a priority for her office.
I trust this clarifies the matter for the Deputy.
|
Appeal Receipts and Percentage of Favourable Decisions of Appeals Finalised 2012 – 2016 |
|||||
|
Appeal Receipts |
Appeals Finalised |
Favourable Decisions |
Appeals Disallowed |
Withdrawn |
|
|
2012 |
35,484 |
32,558 |
50.4% |
42.6% |
7.0% |
|
2013 |
32,777 |
38,421 |
55.0% |
39.0% |
6.0% |
|
2014 |
26,069 |
31,211 |
56.5% |
37.7% |
5.8% |
|
2015 |
24,475 |
25,406 |
58.8% |
36.1% |
5.1% |
|
2016 |
22,461 |
23,220 |
59.2% |
35.9% |
4.9% |
|
Appeal Processing Times 2012– 2016 |
||
|
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
|
2012 |
27.8 |
39.5 |
|
2013 |
25.8 |
33.9 |
|
2014 |
21.1 |
28.6 |
|
2015 |
18.1 |
25.5 |
|
2016 |
17.6 |
24.1 |
652. Deputy Bernard J. Durkan asked the Minister for Social Protection when arrears of jobseeker's allowance will be paid to a person (details supplied); and if he will make a statement on the matter. [1540/17]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an oral hearing of the jobseeker’s allowance appeal of the person concerned was scheduled for 10.45 am on Thursday, 12 January 2017 in the Prince of Wales Hotel, Athlone. The person concerned was informed of the arrangements for the hearing on 21 December 2016.
According to the information available the person concerned did not attend the oral hearing on 12 January 2017 and the Appeals Officer will now proceed to make a decision on the appeal based on the evidence available to him. The person concerned will be notified of the Appeals Officer's decision when the appeal has been determined.
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.
653. Deputy Peter Fitzpatrick asked the Minister for Social Protection his views on a matter (details supplied) regarding the voluntary development worker scheme; and if he will make a statement on the matter. [1545/17]
Amharc ar fhreagraVolunteer development workers who work abroad in developing countries are exempt from paying social insurance contributions while abroad. They may, however be awarded credited contributions (credits) for the duration of their absence, up to an aggregate of 5 years.
A volunteer development worker is defined as a person who is employed temporarily outside the State in a developing country and has secured that employment -
(a) by or through the Department of Foreign Affairs or by or through a non-governmental agency in the State, or
(b) by or through a governmental or non-governmental agency in any Member State other than the State, or
(c) directly with the government of a developing country,
and who is employed by any of those agencies or by the government of the developing country or by both under conditions of remuneration similar to local conditions applying in that country and who was resident in the State immediately before taking up that employment.
Credits may be awarded to volunteer development workers provided they had an attachment to the workforce in the previous two years prior to their departure and had engaged in preparatory training in the State prior to taking up employment in the developing country.
The primary purpose of credits is to secure social welfare entitlement of employees by covering gaps in insurance where they are not in a position to pay PRSI such as during periods of unemployment, illness, including up to 5 years as an overseas development worker. Credits do not, on their own, give an individual entitlement to social insurance benefits. They may, however, assist insured workers to qualify for various social insurance benefits.
The scheme to award credits to volunteer development workers was introduced in June 1985, to implement the provisions of Council Directive 85/308/EEC of 13 June 1985 on social protection for volunteer development workers. To enable such workers returning to Ireland in 1985, to access social insurance benefits immediately upon their return, provision was made for the award of credits to volunteer development workers from April 1983.
As the individual in question had completed his development work overseas prior to April 1983, there is no provision for the retrospective award of overseas development worker credits. While access to credits is available to those who undertook overseas development work since 1983, this individual is in the same position as other overseas workers who had completed their volunteer development work prior to the implementation of the provisions of the Council Directive in 1983.
If you require any further assistance on this please do not hesitate to contact Philip in my office.
654. Deputy Mattie McGrath asked the Minister for Social Protection the measures his Department is taking to counter social welfare fraud; if he will provide, by payment type, the amounts recovered from 2011 to 2016, inclusive; and if he will make a statement on the matter. [1556/17]
Amharc ar fhreagraThe majority of people in receipt of a payment from the Department of Social Protection receive what they are entitled to be paid. Nevertheless, my Department recognises that abuse of the welfare system is an ongoing reality and must be tackled proactively. Anti-fraud measures are set out in the Department’s Compliance and Anti-Fraud Strategy 2014 – 2018 and are designed to prevent and detect fraud, to ensure effective oversight of schemes, to pursue prosecution of offenders and the recovery of any overpaid entitlements identified. The Strategy and annual reports on implementation is published on the Department’s website – www.welfare.ie.
All Departmental staff exercise a control and compliance function in processing new applications and reviewing existing entitlements. The systems used to support schemes are also designed to detect wrongful claiming and to highlight anomalies. In addition, the Department’s inspectorate undertakes detailed examination of claims on a risk assessed and random basis. This is supplemented by at least three fraud and error surveys of Departmental schemes annually. The findings from these surveys support the design and targeting of control actions on schemes, as is found necessary. These survey reports are published and subject to audit by the Comptroller and Auditor General.
In addition, the Deputy should note that my Department’s Special Investigation Unit, which comprises trained inspectors and Garda officers, is tasked with undertaking targeted and systematic examination of claims to tackle fraud and to work with other enforcement agencies to identify more serious breaches of the law.
Cross-functional and targeted actions are undertaken - both internally and in joint operations with other national and international agencies - to ensure a strategic response to high risk sectors or where fraud is considered to be most prevalent. In particular, actions are focused on sectors of the economy where there is a risk of concurrent working and claiming social welfare payments.
Overall, my Department conducts of the order of one million claim reviews annually.
The Deputy should also note that the continued roll-out of the Public Services Card has considerably reduced the potential for identity fraud and the Department has deployed identity and analytics software and other intelligence systems to reinforce its fraud prevention work. Members of the public also play an important role in supporting these anti-fraud activities and some 19,000 reports from concerned citizens have been received during 2016.
The Department seeks the recovery of all sums overpaid and its ability to recover overpayments has been strengthened by recent legislative provisions and the introduction of a modern debt management system at the end of 2014. Table 1 summaries the total recovered in each of the years 2011 to 2016 while Table 2 shows the value of recoveries made where the overpayment was considered to be of a fraudulent nature for the years 2015 and 2016 – this data is not available for earlier years. The Deputy will appreciate that the outturn for 2016 is subject to further validation and is therefore subject to change.
TABLE 1 : Overpayment of Social Welfare Assistance and Benefit Recovered 2011-2016
|
2011 €m |
2012 €m |
2013 €m |
2014 €m |
2015 €m |
2016* €m |
|
|
Overpayments recovered |
51.5 |
54.2 |
70.7 |
82.2 |
80.3 |
82 |
|
Of which relates to: Assistance Schemes |
37.6 |
40.2 |
54.8 |
64.4 |
64.7 |
68 |
|
Benefit Schemes (Social Insurance Fund) |
13.9 |
14.0 |
15.9 |
17.8 |
15.6 |
14 |
* 2016 is based on preliminary outturn figures and is subject to further validation
TABLE 2: Recovery of suspected fraud overpayments by scheme type - 2015 and 2016
|
Scheme |
2015 |
2016* |
|
Adoptive Parent Benefit |
- |
€93 |
|
Carer's Benefit |
€2,021 |
€3,180 |
|
Bereavement Grant |
€1,828 |
€1,886 |
|
Deserted Wife's Benefit |
- |
€79,537 |
|
Disablement Benefit |
€45,670 |
€29,235 |
|
Guardians Payment (Contributory) |
€2,648 |
€1,654 |
|
Illness Benefit |
€1,104,734 |
€998,788 |
|
Invalidity Pension |
€175,104 |
€173,799 |
|
Jobseeker's Benefit |
€2,411,670 |
€1,884,672 |
|
Maternity Benefit |
€ 3,412 |
€15,299 |
|
Occupational Injuries Ben |
€ 7,766 |
€ 6,719 |
|
State Pension Contributory |
€66,098 |
€62,704 |
|
State Pension Transition |
€32,732 |
€9,963 |
|
Widow(er)s Pension Con |
€181,962 |
€179,346 |
|
Back To Education |
- |
€2,510 |
|
Back To Work Scheme |
€118,307 |
€157,990 |
|
Basic Supplement Welfare |
€1,735,922 |
€1,815,305 |
|
Blind Persons Pension |
€11,333 |
€3,592 |
|
Carers Allowance |
€322,018 |
€273,684 |
|
Child Benefit |
€363,440 |
€314,716 |
|
Disability Allowance |
€1,576,559 |
€1,217,066 |
|
Domiciliary Care |
€ 1,895 |
€1,840 |
|
Family Income Supplement |
€168,146 |
€217,971 |
|
Farm Assist |
€368,927 |
€429,704 |
|
Guardians Payment (Non-Contributory) |
€510 |
€120 |
|
Jobseeker's Allowance |
€11,340,547 |
€14,075,726 |
|
National Fuel Scheme |
€5,952 |
€7,335 |
|
One Parent Family Payment |
€3,108,269 |
€ 2,854,874 |
|
Part-time Job Incentive |
- |
€2,953 |
|
Pre-retirement Allowance |
€149,669 |
€184,405 |
|
Respite Care |
€13,912 |
€18,997 |
|
Rural Social Scheme |
€300 |
€1,590 |
|
State Pension Non-Con |
€3,379,528 |
€1,203,246 |
|
Treatment Benefit |
€466 |
- |
|
Tús – community work placement scheme |
- |
€890 |
|
Widows Non Contributory Pension |
€12,585 |
€121,962 |
|
Total |
€26,713,929 |
€26,353,352 |
*2016 is based on preliminary outturn figures and is subject to further validation
Finally, the Deputy should note that I am looking at various additional control measures that I hope to roll out in 2017. My aim is to strengthen the legislative provisions to deter abuse of the social welfare system. These include publishing the names of persons who are prosecuted for social welfare fraud and applying interest on overpayments resulting from fraud.
I hope this clarifies the matter for the Deputy.
655. Deputy Mattie McGrath asked the Minister for Social Protection the number of foreign nationals assigned personal public service numbers, PPSNs, from 2011 to 2016, inclusive, in tabular form; the numbers of same that had employment activity here for the same period; and if he will make a statement on the matter. [1557/17]
Amharc ar fhreagraDetails of the PPS Numbers allocated broken down by nationality are available here:
www.welfare.ie/en/Pages/Personal-Public-Service-Number-Statistics-on-Numbers-Issued.aspx.
While the Department does not compile detailed statistics on period employment activity, it should be noted that PPS Numbers are not allocated solely for employment purposes, and that many of them are issued for a range of other public services such as education, probate, tax compliance, etc.
I trust that this clarifies the matter for the Deputy.
656. Deputy Imelda Munster asked the Minister for Social Protection the reason switching from back-to-work enterprise allowance to jobseeker's allowance allows a person (details supplied) to receive the Christmas bonus, although he or she is officially now classified as a new claimant, but not the fuel allowance. [1562/17]
Amharc ar fhreagraIn 2016, a Christmas bonus payment of 85% of the appropriate weekly amount was paid to all those in receipt of a qualifying payment exceeding 390 days. Any person who was previously on Back to Work Enterprise Allowance and returned directly to Jobseeker's Allowance and the combined period on both schemes exceeded 390 days was entitled to the Christmas bonus. The person concerned is currently in receipt of Jobseeker's Allowance for less than 390 days, but, as he had been in receipt of Back to Work Enterprise Allowance and returned directly to Jobseeker's Allowance, and the qualifying period on both schemes therefore exceeded 390 days, he qualified for the Christmas bonus in 2016.
To qualify for the Fuel Allowance scheme, a person must be in receipt of a qualifying payment for 390 days. The period of time in which the applicant was in receipt of Back to Work Enterprise Allowance is not included in the qualifying period for this scheme. The person concerned was not in receipt of Jobseeker's Allowance for 390 days and as a consequence does not qualify for the Fuel Allowance scheme as any period of time in receipt of Back to Work Enterprise Allowance is not included in the qualifying period for this scheme.
I trust that this clarifies the matter for the Deputy.
