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Thursday, 9 Feb 2017

Written Answers Nos. 140-152

Social Welfare Fraud Data

Ceisteanna (140)

Pearse Doherty

Ceist:

140. Deputy Pearse Doherty asked the Minister for Social Protection the number of instances of bogus self-employment referred to his Department in each of the years from 2011 to 2016. [6484/17]

Amharc ar fhreagra

Freagraí scríofa

My Department is responsible for making statutory decisions on insurability of employment under the Social Welfare Act. In this regard, employers, employees and the self-employed may apply, where there is doubt, to have an employment or self-employment status investigated and the correct class of pay-related social insurance (PRSI) determined.

Scope decisions are based on all of the available evidence, including a detailed report from a Social Welfare Inspector, where appropriate, and legal principles handed down in various court judgements over the years, some of which are outlined in the Code of Practice for determining Employment or Self-Employment of Individuals.

In 2015, a total of 1,061 Scope decisions were made. These fell into three broad categories: working directors, family employment and others.

The Department does not collate statistics relating to instances of bogus self-employment.

I hope this clarifies the matter for the Deputy.

Public Relations Contracts Data

Ceisteanna (141)

Seán Sherlock

Ceist:

141. Deputy Sean Sherlock asked the Minister for Social Protection the expenditure by his Department or any organisations under its aegis for each of the years from 2005 to 2016 in tabular form on photography, advertising, communications advice, public relations, website development, and interview training and preparation, including details of the events, campaigns or policies to which this expenditure related, and the company or individual to whom such payments were made; and if he will make a statement on the matter. [6544/17]

Amharc ar fhreagra

Freagraí scríofa

It is not possible to provide the information within the timeframe required. The information requested by the Deputy is being compiled by my officials and will be sent to the Deputy when it is finalised.

State Pension (Contributory)

Ceisteanna (142)

Brendan Smith

Ceist:

142. Deputy Brendan Smith asked the Minister for Social Protection the proposals he has to amend the legislation and regulations pertaining to eligibility for the State contributory pension in regard to the calculation of the average yearly social insurance contributions that can adversely affect persons who were in insurable employment, left that employment in many instances for family reasons, returned to insurable employment and have their average contributions calculated from the time they first entered insurable employment; if his attention has been drawn to the fact that many persons have been denied the full rate of payment due to this method of calculation; and if he will make a statement on the matter. [6568/17]

Amharc ar fhreagra

Freagraí scríofa

The State pension contributory is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives. To ensure that the individual can maximise their entitlement to a State pension, all contributions paid or credited over their working life from when they first enter insurable employment until pension age are taken into account when assessing their entitlement and the level of that entitlement.

Since 1961, when contributory pensions were introduced, the average contributions test has been used in calculating the rate of pension entitlement. Entitlement is banded, with the maximum rate payable to those with a yearly average of 48-52 contributions, and the minimum rate payable to those with a yearly average in the range of 10-14 contributions per year. Even if someone has only 10 years (520 weeks) of paid reckonable contributions between their 16th and 66th birthdays, they would generally qualify for a State pension (contributory), although the rate payable would vary depending on their circumstances, and it will not always be their most advantageous payment to claim, particularly if they qualify for a full-rate State pension (non-contributory).

The homemaker’s scheme was introduced in 1994 to make qualification for State pension contributory (SPC) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years from that date spent caring for children under 12 years of age, or incapacitated people, to be disregarded when a person’s social insurance record is being calculated for pension purposes. The effect of this is to reduce the number of years by which the person’s contributions are divided, thereby increasing their yearly average, making it easier for them to qualify for a maximum rate SPC. It does not involve the award of credits.

My Department reviews these and other provisions on an ongoing basis and has estimated that the cost of extending the Homemaker's scheme to allow people to avail of the full 20 years currently allowed under the scheme, encompassing periods prior to 1994, could cost €290m in 2017. This figure would increase in subsequent years.

It is worth noting that the Actuarial Review of the Social Insurance Fund in 2012 confirmed that the Fund provides better value to female rather than male contributors. This is due to the redistributive nature of the Fund.

Where people who were unattached to the labour market during most of their adult lives cannot qualify for a contributory pension in their own right as they have paid few or no contributions, or cannot qualify for a full rate as a result of an intermittent PRSI record, the social protection system provides alternative methods of supporting such pensioners in old age. Therefore, if their spouse has a contributory pension, they may qualify for an Increase for a Qualified Adult amounting up to 90% of a full rate pension based on their means, which by default is paid directly to them. Alternatively, they may qualify for a means-tested State Pension (non-contributory), amounting up to 95% of the maximum contributory pension rate, based on their household means.

The National Pensions Framework (2010) proposed that a “Total Contribution Approach” (TCA) should replace the yearly average approach, for new pensioners from 2020. The aim of this approach is to make the rate of contributory pension more closely match contributions made by a person. Officials of my Department are currently working on the detailed development of the TCA with a view to making proposals for consideration later in the year. This is a very significant reform with considerable legal, administrative, and technical elements in its implementation. An important element in the final design of the scheme will be the position of people who have gaps in their contribution records for various reasons, and this factor is being considered very carefully in developing this reform.

The forthcoming independent Actuarial review of the Social Insurance Fund will provide data that will allow officials to accurately cost and project various options under the TCA reform. Following the analysis of those data, it is intended to have a public consultation later this year, and following this, proposals on the final details of the scheme will be made by the Government to the Oireachtas before the end of the year.

I hope this clarifies the matter for the Deputy.

Farm Assist Scheme Data

Ceisteanna (143)

Charlie McConalogue

Ceist:

143. Deputy Charlie McConalogue asked the Minister for Social Protection the number of recipients of farm assist payments and the total amount paid in each county in each of the years from 2012 to 2016 in tabular form; and if he will make a statement on the matter. [6583/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy in respect of recipients of Farm Assist in each county is detailed in the table.

The breakdown of the moneys paid to recipients is not collated on a county basis by my Department. I am however informed that the total expenditure on Farm Assist in each of the years 2012 to 2015 was approximately €108.2m, €99.2m, €93.6m, €88.4m respectively and the provisional outturn for the scheme in 2016 is €78.8m.

Recipients of Farm Assist by county at 31 December in each of the years 2012 to 2016

County

2012

2013

2014

2015

2016

Carlow

84

75

76

69

58

Cavan

404

344

326

300

265

Clare

609

566

521

455

400

Cork

922

840

788

689

606

Donegal

1,534

1,492

1,458

1,299

1294

Dublin

37

28

32

30

33

Galway

1,112

1,035

1,000

858

767

Kerry

818

766

721

717

568

Kildare

53

39

37

28

19

Kilkenny

146

128

120

108

91

Laois

158

128

116

104

94

Leitrim

394

396

377

366

331

Limerick

250

231

216

180

164

Longford

260

232

205

177

139

Louth

87

79

82

72

59

Mayo

1,813

1,691

1,614

1,471

1289

Meath

93

81

81

67

55

Monaghan

504

468

446

386

344

Offaly

130

107

97

89

76

Roscommon

424

384

356

319

276

Sligo

310

283

283

251

228

Tipperary

404

363

336

300

269

Waterford

92

85

78

70

64

Westmeath

197

166

153

131

120

Wexford

248

224

223

195

166

Wicklow

79

72

67

59

63

Totals

11,162

10,303

9,809

8,790

7,838

Rent Supplement Scheme Applications

Ceisteanna (144)

Bernard Durkan

Ceist:

144. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which arrears of rent can be paid in the case of a person (details supplied); and if he will make a statement on the matter. [6608/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to Parliamentary Question No 196 of 2nd November 2016 and Parliamentary Question No 123 of 14th July 2016. The client concerned has not, to date, provided the Department with an up to date Rent Supplement application form confirming an increase to their monthly rent. On receipt of same, the client's entitlement can be re-assessed.

I trust this clarifies the matter for the Deputy.

Rent Supplement Scheme Applications

Ceisteanna (145)

Bernard Durkan

Ceist:

145. Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be restored in the case of a person (details supplied); and if he will make a statement on the matter. [6609/17]

Amharc ar fhreagra

Freagraí scríofa

The client concerned has been requested to provide the Department with relevant documentation regarding her Rent Supplement claim. On receipt of same, the client's entitlement will be re-assessed.

The Deputy should note that under the Private Rental Tenancies legislation a rent supplement uplift request is unable to be granted before 24 months has elapsed since the commencement date of the tenancy.

I trust this clarifies the matter for the Deputy.

Rent Supplement Scheme Applications

Ceisteanna (146)

Bernard Durkan

Ceist:

146. Deputy Bernard J. Durkan asked the Minister for Social Protection if interim settlement of rent arrears will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [6617/17]

Amharc ar fhreagra

Freagraí scríofa

The client concerned has been requested to provide a current lease agreement for her rental property. This documentation has not, to date, been received by the Department. On receipt of same, the client’s entitlement to Rent Supplement can be assessed.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (147)

Bernard Durkan

Ceist:

147. Deputy Bernard J. Durkan asked the Minister for Social Protection if an emergency basic social welfare payment can be awarded to a person (details supplied); and if he will make a statement on the matter. [6619/17]

Amharc ar fhreagra

Freagraí scríofa

According to the records of the Department the person concerned is currently in receipt of a disability allowance payment, and has not submitted any recent application for basic payment under the supplementary welfare allowance scheme. It is open to the person concerned to contact her local Community Welfare Service should she be experiencing financial hardship and to seek advice in relation to her current circumstances.

I trust that this clarifies the matter for the Deputy.

Partial Capacity Benefit Scheme Applications

Ceisteanna (148)

Bernard Durkan

Ceist:

148. Deputy Bernard J. Durkan asked the Minister for Social Protection if he will review the case of a person (details supplied); and if he will make a statement on the matter. [6621/17]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is in receipt of invalidity pension and has made an application for Partial Capacity Benefit (PCB). The PCB is a Social Welfare scheme which allows a person, who may not have full capacity for work, to return to employment and continue to receive a payment from my Department. A person who applies for PCB will, in the first instance, be assessed by a medical assessor who will assess the restriction on their capacity for work.

As part of the processing of the claim the person concerned was contacted seeking a letter from their specialist with further details on their medical condition, in particular their fitness for the type of work they propose to undertake. So far this letter has not been received. When it is received it will be sent to the Medical Advisor (MA) for assessment.

The person concerned provided the Department with documentation relating to her Rent Supplement claim on 7/2/17. This information will be assessed and correspondence issued to the client in due course.

I hope this clarifies the matter for the Deputy.

Rent Supplement Scheme Eligibility

Ceisteanna (149)

Bernard Durkan

Ceist:

149. Deputy Bernard J. Durkan asked the Minister for Social Protection if partial rent support will be offered in the case of a person (details supplied); and if he will make a statement on the matter. [6623/17]

Amharc ar fhreagra

Freagraí scríofa

The Department has not, to date, received an application for Rent Supplement from the client concerned. The client should forward an application in order to be assessed for entitlement to the Mid-Leinster Rent Unit, PO Box 11758, Dublin 24.

I trust that this clarifies the matter for the Deputy.

Visa Agreements

Ceisteanna (150)

Seán Crowe

Ceist:

150. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to possible changes to the J1 visa scheme for Irish citizens; if he discussed the issue on his recent visit to the USA; and if he will make a statement on the matter. [6525/17]

Amharc ar fhreagra

Freagraí scríofa

The US J1 Summer Work and Travel programme has been a tremendously successful part of the Irish-US bilateral relationship for almost 50 years, with 150,000 Irish third level students taking the opportunity to experience life and work in the US over that time.

The Government does not have any role in administering the J1 scheme, which is a programme of the US Department of State run by a number of not-for-profit US sponsoring bodies, who, in turn, work with commercial agencies here in Ireland.

Nevertheless, the Embassy of Ireland in Washington, DC, led by Ambassador Anne Anderson and her colleagues, are in on-going contact with the US State Department regarding the various options available to Irish citizens within the J1 suite of programmes. In addition, officials from my Department are also in regular contact with the US Embassy in Dublin in relation to the J1 programme.

I am particularly conscious of the importance of the J1 Summer Work and Travel (SWT) option within the J1 programme, which continues to offer important learning opportunities to Irish students, to work and visit the US each summer. I can assure the Deputy of the Government’s commitment to the continued success of the J1 programme, which is an important component of our bilateral relationship with the United States.

Immigration Controls

Ceisteanna (151)

Seán Crowe

Ceist:

151. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if during his visit to the USA he raised the recent immigration regulation changes regarding the banning of citizens from seven Muslim majority countries from entering the USA; if he criticised the proposal; the details of the meetings he had; and if he will make a statement on the matter. [6526/17]

Amharc ar fhreagra

Freagraí scríofa

Regarding the Executive Order signed by President Trump on 27 January, 2017, and as made clear in my statement on 29 January, I fully share the concerns expressed by other EU partners regarding this development. I have noted the clarification issued by the Embassy of the United States in Dublin on 31 January, 2017, to the effect that the Executive Order in question does not restrict the travel of dual nationals to the United States, so long as they hold the passport of an unrestricted country and possess a valid US visa, if required. In recent days, the US courts have intervened and imposed a temporary suspension on the implementation of the Executive Order.

Issues regarding the recent Executive Order and immigration reform were high on the agenda for my visit to Washington DC from 31 January to 2 February. I had a number of engagements with the Administration and Congressional leaders, including the Speaker of the US House of Representatives, the House majority leader and the House minority leader, among others.

In my meetings with Congressional leaders, as well as with the US National Security Advisor, General Flynn, I expressed Ireland’s deep concerns with regard to the nature and impact of the recent Executive Order. In response, General Flynn outlined to me the rationale - in terms of US immigration policy - for these temporary measures, while I pointed out their damaging consequences in humanitarian terms, as well as for the international reputation of the United States.

Human Rights

Ceisteanna (152)

Seán Crowe

Ceist:

152. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that Europe’s five largest pension funds (details supplied) have €7.5 billion invested in companies with business activities in and around illegal settlements in the Palestinian territories; and his views on whether all pension funds should disinvest from companies with business activities in and around illegal Israeli settlements. [6527/17]

Amharc ar fhreagra

Freagraí scríofa

The Government has no responsibility for the activities of the pension funds referred to by the Deputy.

I would expect that all Irish companies would operate in accordance with international law, wherever they operate, including in the case of Israeli settlements. My Department has provided long-standing advice to Irish business on the issues associated with involvement with the settlements.

More broadly, Ireland continues to engage in EU and UN discussions aimed at promoting the UN Guiding Principles on Business and Human Rights. Most recently, Ireland, together with other EU Member States, reiterated our collective commitment to the implementation of the UN Guiding Principles at the fifth UN Annual Forum on Business and Human rights in Geneva in November 2016.

My Department’s work on the National Plan on Business and Human Rights is nearing conclusion and I expect that it will be published within the next three months.

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