Written Answers Nos. 149 - 163
149. Deputy Bernard J. Durkan asked the Minister for Social Protection the detail of the gap that exists in respect of jobseeker's allowance in the past 18 months in the case of a person (details supplied); the number of payments refused on the basis of not living at Celbridge, County Kildare; the payment the person received during that time; and if he will make a statement on the matter. [2246/17]
Amharc ar fhreagraThe details of this case have been explained in replies to several Parliamentary Questions; most recently in questions 36185, 32749 & 40764-16.
As previously outlined, his claim for jobseekers allowance from an address in Co Kildare was disallowed, a decision he appealed and lost, in July 2015. He subsequently claimed jobseekers allowance from the family home in May 2016 and this claim was awarded from that date and is in payment since. These dates represent the gap between two discrete claims for jobseekers allowance.
As has been pointed out in previous replies there has been no claim made to the Department in respect of the period involved from when he was disallowed jobseekers allowance at the Kildare address and him making a new claim for jobseekers allowance at the family home in Dublin 15. As there was no claim made for this period there is no question of payments being refused during this period between discrete claims.
However, as previously advised in earlier replies, he is free to present any additional or new evidence in relation to the decision of the Appeals Office whereupon the Department may consider a revised decision or referring the matter for the attention of the Appeals Office. Similarly, any additional or new evidence in respect of the decision to award him jobseekers allowance since May 2016 should be brought to the attention of the Department for appropriate consideration.
I trust this clarifies matters for the Deputy.
150. Deputy Michael Healy-Rae asked the Minister for Social Protection his views on the case of a person (details supplied) who was refused injury benefit; and if he will make a statement on the matter. [2249/17]
Amharc ar fhreagraAn application for Injury Benefit was made from 28 November 2016. The maximum rate of Injury Benefit due in this case is €188.00. The person concerned is currently in receipt of a Widows Pension at the maximum weekly rate of €193.50. Concurrent payment of Injury Benefit to recipients of a Widows Pension has been discontinued since I February 2012.
Therefore it would not have been financially beneficial to switch to Injury Benefit. A revised notice advising the person concerned of this issued on 17 January 2017.
My Department has issued information regarding other entitlements which may be due under the Occupational Injuries Scheme to the person concerned.
I trust this clarifies the position for the Deputy.
151. Deputy Charlie McConalogue asked the Minister for Social Protection when a decision will be made on an application for a domiciliary care allowance for a person (details supplied) in County Donegal which was submitted on 14 October 2016; and if he will make a statement on the matter. [2266/17]
Amharc ar fhreagraAn application for domiciliary care allowance (DCA) was received from this lady on the 18th October 2016. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Following receipt of this opinion, a decision will be made by a Deciding Officer and notified to the applicant. Applications are processed in date of receipt order. It can currently take 15 weeks to process an application for DCA.
I hope this clarifies the matter for the Deputy.
152. Deputy Brendan Smith asked the Minister for Social Protection the progress to date in providing services in a town (details supplied) following a meeting with local representatives; and if he will make a statement on the matter. [2276/17]
Amharc ar fhreagraThe Department of Social Protection delivers its services in County Monaghan through our network of offices including Branch Offices, Community Welfare Clinics, Activation Services, Social Welfare Inspectorate Services, Community Employment Services, Local Employment Services (LES) and the JobPath Programme. Provision of information and access to income supports is provided by the Departments Community Welfare Service, which holds a weekly clinic in Ballybay. In addition the Department funds the Local Employment Service and the Employability Service, both of which have offices in Ballybay and provide valuable support to the people of Monaghan.
The Department thus continues to provide a high standard of services to the people of county Monaghan and has successfully implemented many positive changes in recent years to enhance these services. Over the coming years our wide ranging programme of organisational development will continue to support our efforts to deliver and improve our services, support economic growth and promote employability in county Monaghan.
As discussed at the meeting with local Oireachtas Members and Councillors from the Ballybay-Clones Municipal District on Wednesday 5 October 2016, it is not proposed to open an Intreo Centre in Ballybay or to relocate one of the Department’s agencies there. I will however continue to be fully supportive of any initiatives that will boost employment opportunities - be they from the public or private sector - for people in the Ballybay area in the future.
I hope this clarifies the matter for the Deputy.
153. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a carer's allowance being restored in full for a person (details supplied); and if he will make a statement on the matter. [2281/17]
Amharc ar fhreagraCarer’s allowance (CA) is in payment to the person concerned since 9 August 2012 in respect of care recipient. Following your representations the rate of payment has been increased to full rate from 15 December 2016. Payment at the increased rate is due to issue to the nominated bank account on 26 January 2017. Arrears of allowance due from 15 December 2016 to 18 January 2017 will issue shortly. The person concerned has been notified of the outcome.
I hope this clarifies the matter for the Deputy.
154. Deputy Jan O'Sullivan asked the Minister for Social Protection if there is specific legislation defining the term "reasonable" with regard to reasonable expenses taken into account when assessing the means of a person for jobseeker's allowance; and if he will make a statement on the matter. [2291/17]
Amharc ar fhreagraI understand from the Deputy’s office that the background to this question is that a farmer in the Deputy’s constituency was refused his jobseeker’s allowance claim on the basis of means, and was advised that “reasonable expenses” had been allowed in his means assessment.
Social welfare legislation provides that all income and property of the claimant and his or her spouse/partner is assessable for means assessment purposes of social assistance schemes. The legislation underpinning the means assessment of the jobseeker’s allowance and farm assist schemes is set out in the Part 2 of Schedule 3 of the Social Welfare Consolidation Act of 2005 (as amended).
The reference to expenses in legislation can be found in Table 2 in Schedule 3 of the 2005 Act (as amended) which lists 19 items that are excluded from the assessment of income. Number 17 in this list is “any expenses necessarily incurred in carrying on any form of self-employment ”.
There is no exhaustive list of all expenses allowed in self-employed cases, since expenses vary with the nature and extent of the self-employment. However, the following are the main allowable expenses in most instances, as set out in the means guidelines available on the Departmental website: https://www.welfare.ie/en/Pages/Means-Assessment.aspx:
- Materials (supplies costs)
- Motor running costs (portion applicable to business)
- Depreciation of machinery or equipment
- Insurance relating to the business
- Telephone (portion applicable to business)
- Lighting and Heating (for business and not domestic use)
- Advertising
- Bank Charges
- Stationery
- Van Leasing
- Labour Costs
- Pension plan
- Any other costs associated with running the business.
- Class S PRSI contributions (where paid or payable).
Lower income farmers may be entitled to a payment under the farm assist scheme. It should be noted that Budget 2017 contained a number of improvements to the means testing arrangements of the Farm Assist scheme, which may be of interest to your constituent. From March, there will be an enhanced assessment of means from farming, whereby 70% of farm income (after allowing for expenses necessarily incurred) will be assessed as means (down from 100%). Furthermore, additional income disregards for claimants with children will be introduced.
155. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the status of an application for a carer's allowance in respect of a person (details supplied) including when they can expect a decision on their case. [2293/17]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance (CA) from the person concerned on the 20 October 2016.
The application has been awarded to the person concerned from 20 October 2016 and the first payment will issue to their nominated post office on 9 February 2017. Arrears of allowance due from 20 October 2016 to 8 February 2017 will issue shortly. The person concerned was notified on 18 January 2017 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
156. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 179 of 17 November 2016, if a further review or appeal will be facilitated in respect of a carer's allowance application for a person (details supplied); and if he will make a statement on the matter. [2300/17]
Amharc ar fhreagraAn application for Carer's Allowance (CA) was received from the person concerned on 5 October 2016.
It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention. This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and, finally, beimg likely to require that level of care for at least twelve months.
It is a further condition that the applicant shall furnish such certificates, documents, information and evidence as may be required for the purposes of deciding the application.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied. In addition the applicant failed to furnish documentary evidence as to his financial resources which prevented a deciding officer from determining whether his means are less that the statutory limit.
On this basis it was decided that the person concerned was not entitled to CA.
He was notified on 22 December 2016 of these decisions, the reasons for them and of his right of review and appeal.
One piece of information as to his means has recently been received but other items are still outstanding. Once all the evidence is submitted, a review will be completed and the person concerned will be notified directly of the outcome.
I note however that the care recipient is in receipt of a disablement pension for a loss of 60% faculty.
A constant attendance allowance (CAA) can be paid weekly as an increase to disablement pension (DISP), if the pensioner is so seriously disabled as to need someone (a relative or some other person) to help daily at home to attend to their personal needs for a period of at least 6 months. They must be getting a DISP of 50% or over.
CAA is not means tested and is payable at a higher rate than CA. I have arranged for an application form for CAA to issue to the carer’s wife. On its return, my Department will examine her entitlement to CAA.
I hope this clarifies the matter for the Deputy.
157. Deputy Bernard J. Durkan asked the Minister for Social Protection if rent support, including three months' arrears, will be provided in the case of a person (details supplied); and if he will make a statement on the matter. [2302/17]
Amharc ar fhreagraPeople assessed by a local authority as having a housing need apply for housing support under the Housing Assistance Payment scheme (HAP) rather than Rent Supplement scheme.
An application for Rent Supplement from the person concerned was received in this Department on 28 November 2016. This application was not deemed appropriate for Rent Supplement, however, and the person concerned was immediately issued with a letter advising him to apply for HAP. The completed application for HAP should be forwarded to the appropriate Local Authority.
I trust this clarifies the matter for the Deputy.
158. Deputy Bernard J. Durkan asked the Minister for Social Protection when payment in respect of a disability allowance will issue in the case of a person (details supplied); and if he will make a statement on the matter. [2310/17]
Amharc ar fhreagraI confirm a partial application form was received from the person concerned on 16 January 2017. My department will be in contact with them in relation to the outstanding portion of the application form. On receipt of the documents requested, their application will be duly processed.
I trust this clarifies the matter for the Deputy.
159. Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support approval will issue in the case of a person (details supplied); and if he will make a statement on the matter. [2313/17]
Amharc ar fhreagraAn application for Rent Supplement was received for the person concerned on 10/01/2017. She has been requested to supply a letter from her landlord confirming proof of ownership of the property. When this is received, her application will be assessed.
I trust this clarifies the matter for the deputy.
160. Deputy Michael McGrath asked the Minister for Social Protection if his Department recognises a diagnosis of ASD for a child by way of a private assessment if that child remains on a public waiting list for an assessment of need under the Disability Act 2005, in the context of considering a DCA application; and if he will make a statement on the matter. [2385/17]
Amharc ar fhreagraDomiciliary Care Allowance (DCA) is paid in respect of children who have a severe disability requiring care and attention substantially in excess of that needed by a child of the same age without the disability. The need for the additional care and attention must be likely to last for at least 12 months.
Eligibility for DCA is not based on the type of disability, but on the resultant care needs. Each application is assessed on its individual merits and on the basis of the medical evidence and the detail on the child’s care needs, as provided in the application and supporting documentation. The Deciding Officer takes into consideration all evidence provided whether from private assessment or public assessment when making their decision.
I hope this clarifies the matter for the Deputy.
161. Deputy Marc MacSharry asked the Minister for Social Protection his plans to extend the duration of placement of participants on the gateway scheme beyond the current 22 month period should the relevant local authority seek to retain participants; and if he will make a statement on the matter. [2411/17]
Amharc ar fhreagraGateway is a county and city council work scheme which aims to provide short-term, quality work opportunities to those who are unemployed for more than 24 months. Gateway was introduced in 2013 as a response to the high levels of unemployment at that the time. Participants improve their employability and work readiness through work opportunities with structured environments where existing work skills can be put into practice. The 22 month duration of the Gateway contract ensures that Gateway fits in with the objectives set out in the Government’s activation policies, including Pathways to Work. It also enables as many people as possible who are long-term unemployed to benefit from the initiative.
I have no plans to extend the 22 month duration of the Gateway contract. However, it is the prerogative of each county and city council to employ persons participating on the Gateway scheme after cessation of their 22 month contract.
With the ongoing welcome reductions in the live register, the operation of Gateway and all of the Department’s activation schemes are being examined to ensure that the number and nature of schemes, as well as the conditions governing participation on these schemes continue to be appropriate. I plan on bringing a Memo to Government on these matters in the coming weeks.
I hope this clarifies the matter for the Deputy.
163. Deputy Willie Penrose asked the Minister for Social Protection the benefits available to self-employed persons following the recent changes made in budget 2017, particularly in the context of the self-employed person's eligibility for jobseeker’s benefit, invalidity pension and other ancillary benefits. [2427/17]
Amharc ar fhreagraCore to the Programme for Government is improving the position of the self-employed generally, including the commitment to introduce an enhanced PRSI scheme for the self-employed.
Making progress on this commitment has been one of my key priorities since becoming Minister in this Department. On Budget Day, I was pleased to announce a number of important measures which will benefit the self-employed.
From March 2017, the self-employed will have access to the treatment benefit scheme which includes free eye and dental exams, and contributions towards the cost of hearings aids. Treatment benefit entitlements will also be extended from October 2017 so as to provide further dental and optical benefits (these improvements will benefit both the self-employed and employees).
More significantly, self-employed contributors will be eligible for the Invalidity Pension from December 2017. For the first time, this will give the self-employed access to the safety-net of State income supports if they become permanently incapable of work as a result of an illness or disability without having to go through a means test. This is a real advance in the level of cover available to the self-employed.
The self-employed will also benefit in 2017 from the further increase in Earned Income Tax Credit announced by my colleague, the Minister for Finance, as well as the extension of entrepreneurship supports. These measures are all part of the Government’s policy of making work pay and encouraging self-employment and entrepreneurship.
I plan to continue extending cover for the self-employed to other benefits on a phased basis in future Budgets. In 2017, my Department will examine the extension of social insurance to cover new risks and contingencies, including developing proposals on a form of jobseeker’s benefit where a person's business fails or they can no longer continue working in their profession or trade.
