Written Answers Nos. 163-173
163. Deputy Seán Haughey asked the Minister for Social Protection if he will pay a full rate carer's allowance to a person (details supplied) in Dublin 5 backdated to 10 November 2013; and if he will make a statement on the matter. [14530/17]
Amharc ar fhreagraCarer's Allowance (CA) is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
The person concerned was awarded CA from 31 January 2008. CA claims are periodically reviewed to ensure continued entitlement. When her claim was reviewed in 2013 it was discovered that the person concerned had not disclosed all her means. This resulted in the termination of her CA with effect from 5 December 2013 as her means were found to exceed the statutory limit and an overpayment was assessed.
The person concerned appealed the decision. The Appeals Officer held that the decision to terminate CA should take effect from 5 December 2013.
Some of the means not originally disclosed were as a result of an award from a compensation scheme. My Department is currently drafting legislation which will result in awards from this scheme being disregarded as means for social welfare purposes. Pending the passage of this legislation through the Oireachtas, it was decided in December last year, to disregard these means in this case, on an administrative basis, from 15 December 2016.
It is for this reason that CA was re-instated to the person concerned from 15 December 2016.
The question of backdating the disregard will be considered when the legislative position has been finalised.
I hope this clarifies the matter for the Deputy.
164. Deputy Willie Penrose asked the Minister for Social Protection if a person (details supplied) who is in receipt of illness benefit is entitled to have their fuel allowance restored from the date they were moved from their entitlement to jobseeker's allowance; and if he will make a statement on the matter. [14535/17]
Amharc ar fhreagraThe person concerned is in receipt of illness benefit since 23 November 2016. Illness benefit is not a qualifying payment for receipt of fuel allowance and therefore the payment cannot be restored.
I trust this clarifies the matter for the Deputy.
165. Deputy Willie Penrose asked the Minister for Social Protection if a person who is in receipt of jobseeker's allowance and wishes to apply for carer’s allowance can receive 50% carer's allowance whilst remaining on jobseeker's allowance; the regulations which apply to receipt of either or both of these allowances; and if he will make a statement on the matter. [14536/17]
Amharc ar fhreagraCarer's Allowance (CA) at half-rate is payable to people who are in receipt of certain social welfare payments and who are providing full-time care and attention to a person who has a disability such that they require that level of care.
As it is a requirement for receipt of jobseeker’s allowance (JA) and jobseeker’s benefit (JB) that the person concerned must be available for and genuinely seeking work and couldn’t satisfy these conditions while also satisfying the condition of providing full-time care and attention to a person, payment of JA or JB and CA concurrently is not permitted.
Section 186A of the Social Welfare (Consolidation) Act 2005, as amended, provides for the payment of half-rate CA and subsection 186A(5)(d)(ii) prohibits its payment with JA or JB.
I hope this clarifies the matter for the Deputy.
166. Deputy Brendan Smith asked the Minister for Social Protection his plans to improve the carer's benefit scheme, with particular reference to the need to extend the time period of 104 weeks, in view of the fact this scheme has been particularly beneficial for many parents who have employment opportunities and whereby flexible working arrangements are available; if his attention has been drawn to the fact that this scheme is helpful to parents with a child with a disability; and if he will make a statement on the matter. [14549/17]
Amharc ar fhreagraThe carer’s benefit scheme provides income support to full-time carers who leave the workforce temporarily to provide care and thereby assist in maintaining care recipients in the community. This, and other care-related supports, such as the carer’s allowance payment and the carer’s support grant provide recognition and support for the valuable role of carers.
The duration of carer’s benefit is aligned with the duration of carer’s leave, available under the Carer’s Leave Act, 2001. The Department of Jobs, Enterprise and Innovation have responsibility for the Carer’s Leave Act.
The 104 week duration represents a reasonable length of time to support a carer’s temporary absence from work and the Government has no plans currently to increase the duration of carer’s leave or benefit.
Where care is provided beyond the period of entitlement to carers benefit, the means tested carer’s allowance is available for those who are in need of income support. There may also be an entitlement to carers support grant if the conditions are met. These arrangements ensure an efficient use of public funds while assisting those who are in most need of an income support.
I hope this clarifies the matter for the Deputy.
167. Deputy Brendan Griffin asked the Minister for Social Protection the reason the date of entry into social insurance is used in the assessment of State pension eligibility for women who left the Civil Service when they married and did not make contributions pre-1991; if this policy will be reviewed; and if he will make a statement on the matter. [14554/17]
Amharc ar fhreagraThere are two State pensions. Firstly, the State pension non-contributory is a means tested pension. Secondly, the State pension (contributory) is paid from the Social Insurance Fund. 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 pension entitlement. Once over 16 years of age, the date a person enters into insurable employment is the date used for averaging purposes.
Using another date would require legislative provision, and introducing such legislation would mean a number of decisions would have to be made, notably (a) what date should be used (preferably it would be a date that was not considered arbitrary)? (b) would the contributions paid before that date be ignored in the calculation of the yearly average, and would there be relief for such pensioners if this change reduced their entitlements? and (c) if there was a significant net benefit for pensioners as a result of this change, what would be the source of that funding (e.g. higher PRSI/taxes, or a lower core rate of the pension generally)?
The ‘marriage bar’ describes a rule that existed in most of the public service and some private sector employments, where women were required to leave their employment upon marriage. This practice was abolished in 1973 when Ireland joined the EEC. As it was a rule rather than law, married women affected by it could take up other employment, and many did. It is worth remembering that most public servants recruited prior to 1995 pay a reduced PRSI rate of 0.9% and so they are not generally entitled to the State pension. Therefore, in such cases, the marriage bar would not be expected to have impacted on State pension entitlement, as they would not have qualified for that payment had they remained in public sector employment. Instead, by impacting upon their continuing public service employment, the marriage bar’s pension implications, where they exist, more generally relate to a person’s eventual entitlement to a Public Service pension. Any questions regarding this issue are a matter for the Minister for Public Expenditure and Reform.
Where someone does not qualify for a full rate contributory pension there are supports available in the overall State pension system which assists qualification for a contributory payment, based on factors such as the contributions made by their spouse, and/or other factors likely to impact upon their needs. These include –
- The Homemaker’s scheme, which was introduced to make qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. This applies to periods following the introduction of that scheme in 1994.
- Widows generally qualify for a full-rate Widows Contributory Pension.
- Increases for Qualified Adults.
- Credits for periods of unemployment and illness.
For those with insufficient contributions to meet the requirements for a State pension (contributory), they may qualify for a means tested State pension (non-contributory), the maximum personal rate for which is €227 (over 95% of the maximum rate of the contributory pension).
I know my office received this query from your office and responded with a reply.
168. Deputy Bobby Aylward asked the Minister for Social Protection the average waiting time for a decision on a carer's allowance application; and if he will make a statement on the matter. [14558/17]
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.
The average waiting time for new carer's allowance (CA) applications at the end of January 2017 was 11 weeks, compared to 20 weeks in 2016. At the end of January, there were 2,842 CA applications awaiting decision.
Applications for CA increased 20% in 2016, compared to 2015. This increase has impacted on the volumes of applications awaiting decision. Furthermore, delays in processing are often caused by the submission of incomplete application forms or the failure to submit required documentation that is requested on the application form.
The processing target that is set for the carer's allowance scheme is 70% awarded within 12 weeks; in January that target was reached with 76% of applications awarded within 12 weeks. Reducing waiting times is a priority for my Department and we are working hard to make this happen.
I hope this clarifies the matter for the Deputy.
169. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 137 of 14 December 2016, the status of his Department's efforts and contribution to seek a solution to this conflict; and if he will make a statement on the matter. [14486/17]
Amharc ar fhreagraIreland welcomes the democratic transition which is currently underway in Myanmar/Burma following elections in November 2015. We recognise the positive steps that the new Government of Myanmar/Burma has taken in pursuit of peace and reconciliation, democratic reforms and economic growth. As noted in my reply to parliamentary question number 137 of 14 December 2016, I am however deeply concerned about the plight of the Rohingya people in Myanmar, as well as Rohingya refugees in neighbouring countries, particularly in light of the escalation of violence in Rakhine State in the wake of attacks on police posts near Myanmar/Burma’s border with Bangladesh in October 2016. I note with serious concern the report of the UN Office of the High Commissioner for Human Rights which issued on 3 February, which outlined experiences of the Rohingya community who recently entered Bangladesh from Rakhine State.
Ireland has consistently called for an independent investigation into the allegations of human rights violations by the security forces, as well as the need for the full restoration of humanitarian and media access to Rakhine State, most recently in its national statement at the Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar/Burma on 13th March at the 34th session of the Human Rights Council (HRC 34).
At HRC 34, Ireland has also supported the ongoing drafting of the EU-led resolution on the situation of human rights in Myanmar/Burma, which conveys the HRC’s serious concerns over the recent deterioration in the security, human rights and humanitarian situation in Rakhine State. Ireland has also supported the inclusion of this issue in the EU’s contact with the Government of Myanmar, including in the most recent EU-Myanmar Human Rights Dialogue which took place on 22 November 2016.
As well as via the context of our membership of the EU and UN, Ireland has been active in raising concerns regarding the treatment of the Rohingya community at bilateral level with the authorities in Myanmar/Burma.
Ireland’s Ambassador to Thailand, who is accredited to Myanmar/Burma, raised these concerns with Minister of State for Foreign Affairs U Kyaw Tin during a visit to the country in January 2017. The Embassy continues to monitor the situation closely.
170. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade the status of the setting up of and operation of the proposed civic advisory panel, as mooted in the Fresh Start agreement; if he is satisfied that the remit of this panel is sufficient to address the issue of civic engagement set out in the Good Friday Agreement; and if he will make a statement on the matter. [14487/17]
Amharc ar fhreagra172. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade the efforts that have been made by his Department to ensure that those engaged in political and community activism beyond those guaranteed representation under the terms of the Good Friday Agreement have their positions acknowledged and represented within Northern Ireland; his views on whether power-sharing in its current form inhibits groups such as these achieving political representation; and if he will make a statement on the matter. [14489/17]
Amharc ar fhreagraI propose to take Questions Nos. 170 and 172 together.
The Good Friday Agreement provided for the establishment of a civic forum to act as a consultative mechanism on social, economic and cultural issues in Northern Ireland. A civic forum was set up in 2000 and met on a number of occasions but was suspended following the collapse of the political institutions in October 2002. Following the restoration of devolved government in 2007 a review of the Forum was announced by the new Executive but was not re-established.
In addressing outstanding commitments, the parties to the Stormont House Agreement in 2014 agreed that it was important that civic voices be heard and their views considered in relation to key social, cultural and economic issues. A new model was envisaged through the establishment of a compact civic advisory panel, to meet regularly and to advise the Northern Ireland Executive. In the Fresh Start Agreement of November 2015, the parties committed to the establishment of a compact civic advisory panel.
On 6 December 2016, the then First and deputy First Minister announced the formation of such a civic advisory panel. The 6-person panel will consider specific issues relevant to the Executive’s Programme for Government and engage with civic society stakeholders. Reporting to the Executive, the panel may also propose subjects it wishes to consider.
The establishment of the civic advisory panel by the Northern Ireland Executive is very welcome as it fulfils the commitment under the Stormont House and Fresh Start Agreements and, when fully operating, should allow for stronger representation of civil society voices in policy formation in Northern Ireland, as envisaged under the Good Friday Agreement.
In terms of other support to civic engagement and inter-community dialogue, my Department’s Reconciliation Fund provides funding to non-governmental organisations, community groups, and voluntary organisations to support reconciliation and to create better understanding between people and traditions on the island of Ireland and between Ireland and Britain. The Reconciliation Fund has been running since 1982, and was increased significantly in 1998, following the signing of the Good Friday Agreement. As part of the 2014 Stormont House Agreement, the Government committed to guaranteeing the continued allocation of €2.7 million annually to the Reconciliation Fund.
In the second round of 2016 funding, over €1m was announced in December 2016 for grants under the Reconciliation Fund to support 60 organisations working on peace and reconciliation.
In relation to inter-community dialogue, I would also note that the European Union Peace Programme have also, over a number of years, provided extensive financial support for peace and reconciliation in Northern Ireland and the Border Region. The current PEACE IV programme includes as a specific aim the improvement of cross-community relations and further integration of divided communities.
Finally, I would note that the Government’s All Island Civic Dialogue on Brexit provides a further important forum, ensuring civil society voices, North and South, are heard and taken account of in preparing for and dealing with the all-island implications of Brexit. There have so far been two plenary sessions of the Dialogue and fourteen sectorial events. The Civic Dialogue has provided valuable opportunities for Ministers to engage directly with stakeholders across the island of Ireland on the implications of the Brexit process for their sector. The Civic Dialogue will continue to inform the Government’s approach to managing Brexit, and the Government is considering the best way through which to continue these valuable discussions.
171. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade if he is satisfied with the operation of the consociational power-sharing arrangements in Stormont, in view of the criticisms that have been levelled against this form of governance; and if he will make a statement on the matter. [14488/17]
Amharc ar fhreagra173. Deputy Róisín Shortall asked the Minister for Foreign Affairs and Trade if he is satisfied that the Government is honouring its commitment as guarantor of the Good Friday Agreement with respect to the operation of the power-sharing institutions and the promotion of inter community dialogue; and if he will make a statement on the matter. [14490/17]
Amharc ar fhreagraI propose to take Questions Nos. 171 and 173 together.
The Government’s firm position is that the Good Friday Agreement and the successor Agreements must be implemented in full, and this is reflected in the Programme for Partnership Government. The Agreements, and the principles and values underpinning them, are at the core of the Government’s approach to peace, reconciliation and prosperity on this island. The Government will continue to work tirelessly for that full implementation in both letter and spirit.
The power-sharing Assembly and Executive are at the heart of the Good Friday Agreement and an essential part of the cross-community partnership that is the basis of the peace process. These institutions are indispensable for addressing the needs and concerns of people in Northern Ireland, including peace, prosperity and reconciliation.
As co-guarantors of the Good Friday Agreement, both Governments have a role to play in supporting the effective operation of the devolved institutions, and in upholding both the letter and the spirit of the Agreement as a whole, in the interests of all in Northern Ireland. In this context I am representing the Government in the ongoing talks at Stormont Castle. The discussions are focused on addressing outstanding issues, including the implementation of past agreements and addressing the legacy of the past, as well as on the formation of a new power-sharing Executive. Both parts of these discussions are essential and inter-dependent.
I expect to be intensively engaged this week in Belfast, working with the Secretary of State for Northern Ireland and the political parties to see the power-sharing Assembly and Executive restored to effective and harmonious operation. As a co-guarantor of the Good Friday Agreement the Government is determined to uphold the principles of the Agreement and to protect its institutions.
In terms of other support to inter-community dialogue, my Department’s Reconciliation Fund provides funding to non-governmental organisations, community groups, and voluntary organisations to support reconciliation and to create better understanding between people and traditions on the island of Ireland and between Ireland and Britain. The Reconciliation Fund has been running since 1982, and was increased significantly in 1998, following the signing of the Good Friday Agreement. As part of the 2014 Stormont House Agreement, the Government committed to guaranteeing the continued allocation of €2.7 million annually to the Reconciliation Fund. In the second round of 2016 funding, over €1m was announced in December 2016 for grants under the Reconciliation Fund to support 60 organisations working on peace and reconciliation.
In relation to inter-community dialogue, I would also note that the European Union Peace Programme has over a number of years provided extensive financial support for peace and reconciliation in Northern Ireland and the Border Region. The current PEACE IV programme includes as a specific aim the improvement of cross-community relations and further integration of divided communities.
