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Tuesday, 9 May 2017

Written Answers Nos. 241-262

Commencement of Legislation

Ceisteanna (241)

Catherine Martin

Ceist:

241. Deputy Catherine Martin asked the Minister for Housing, Planning, Community and Local Government his plans to commence section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016. [21792/17]

Amharc ar fhreagra

Freagraí scríofa

I am proposing to make certain amendments to section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relating to the extension of duration of certain planning permissions within the Planning and Development (Amendment) Bill 2016, which is currently progressing through the Oireachtas.  It is intended that this Bill will be enacted before the Oireachtas Summer recess, which will enable me to consider commencing section 28 of the 2016 Act, as amended.

Capital Assistance Scheme

Ceisteanna (242, 243)

Gerry Adams

Ceist:

242. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government the mechanism for applying for the CAS scheme; the total amount available in 2017 under this scheme; and the available sum for County Kildare for 2017. [21815/17]

Amharc ar fhreagra

Gerry Adams

Ceist:

243. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government if Kildare County Council has applied under the CAS scheme in 2017. [21816/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 242 and 243 together.

Applications to deliver new social housing under the Capital Assistance Scheme should be made by an Approved Housing Body (AHB) to the relevant local authority. As with all social housing projects, it is a matter for the local authority, as the housing authority for the area, to prioritise projects on the basis of how they meet the area's housing need.

The 2017 funding provision for the Scheme nationally is €66 million.  Financial allocations are not made to individual local authorities as funding delivery happens in line with project delivery.  There are already over 1,000 new social homes approved for construction under the Capital Assistance Scheme and funding is drawn down by the local authorities and AHBs as these projects are advanced.  As with all approved housing projects, I am keen to see them move forward and deliver the housing as quickly as possible.

So far this year, Kildare County Council has been given approval by my Department to acquire properties under the Capital Assistance Scheme for use for priority groups at various locations around the county. I anticipate other proposals will come forward from Kildare and other local authorities over the course of this year.

Housing Assistance Payments Data

Ceisteanna (244)

Pat Deering

Ceist:

244. Deputy Pat Deering asked the Minister for Housing, Planning, Community and Local Government the number of persons who availed of HAP by county; and the total amount paid to each county in 2016. [21818/17]

Amharc ar fhreagra

Freagraí scríofa

There are currently over 21,000 households being supported by the Housing Assistance Payment (HAP) scheme in 31 local authority areas. The HAP scheme is funded through a combination of Exchequer monies and tenant differential rents collected in respect of HAP tenancies. The  exchequer outturn for the HAP scheme in 2016 was in excess of €57 million. The majority of this funding supported the ongoing costs of tenancies established in 2015 that continued into 2016, and the costs of the 12,075 new households supported by the scheme in 2016. Budget 2017 has increased the Exchequer funding for the HAP scheme to €152.7 million, in order to meet the continuing costs of existing HAP households, and the costs of the additional 15,000 households, targeted under Rebuilding Ireland, to be supported by HAP in 2017.

Limerick City and County Council provides a highly effective HAP transactional shared service on behalf of all local authorities. This HAP Shared Services Centre (SSC) manages all HAP related rental transactions for the tenant, local authority and landlord. Accordingly, my Department does not recoup individual local authorities in respect of HAP rental payments in their administrative areas but rather recoups all landlord cost via the HAP SSC. A breakdown of average HAP payments to landlords in each local authority area, and a breakdown of the number of households supported by HAP, including the number of Rent Supplement transfers, in each local authority area at 31 December 2016 is available on my Department’s website at the following link:

http://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision.

VAT Rate Reductions

Ceisteanna (245)

Barry Cowen

Ceist:

245. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on reducing the VAT rate on professional fees to encourage greater use of professionals, such as architects, in the construction of extensions and one-off housing exempted under the building control regulations; his views on whether this would improve the quality of construction of residential dwellings; and if his Department has made submissions or had discussions with the Department of Finance in relation to this. [21900/17]

Amharc ar fhreagra

Freagraí scríofa

It is important to note that one off housing is subject to building control regulations. However, the Building Control (Amendment) (No.2) Regulations provide the owners of such homes with an option to opt-out of statutory certification of compliance with building regulations if they wish to do so.

Building Control requirements are far from the most significant element of the overall costs of housing delivery.  My Department carried out a review after the first twelve months of operation of the Building Control (Amendment) Regulations 2014, which found that the new Assigned Certifier role could be achieved for approximately €3,800 per dwelling.  The Society of Chartered Surveyors of Ireland published a report on ‘The Real Cost of New House Delivery’ (May 2016), which found professional fees accounted for approximately €5,500 or 2% of total costs, including Assigned Certifier and design work, which accords with my Department’s own calculations.

This represents good value for money and is a modest investment in overall quality in order to ensure compliance with the requirements of the Building Regulations. Taxation policy, including VAT policy, is a matter for my colleague the Minister for Finance.

Architects Register

Ceisteanna (246)

Barry Cowen

Ceist:

246. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on whether there is a shortage of architectural practices located outside of large cities. [21901/17]

Amharc ar fhreagra

Freagraí scríofa

The Building Control Act 2007 provides for a statutory register of architects. This Act confers certain powers on the Minister in respect of the statutory system of registration for architects, such as the appointment of Chairpersons and certain ordinary members of the Admissions Board, the Appeals Board and the Technical Assessment Board.  The Minister has no statutory role in relation to provision of architectural services beyond the powers in relation to registration conferred by this Act.

Architectural practices are private businesses and may establish their business wherever they see fit. Furthermore the location of an architectural practice does not preclude them from providing services in locations other than their place of establishment.

Construction Regulations

Ceisteanna (247, 248)

Barry Cowen

Ceist:

247. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on whether the use of latent defects insurance should be mandatory for all new residential constructions rather than voluntary, as it is at present; and his plans to introduce legislative changes to mandate its use by developers and assigned certifiers. [21940/17]

Amharc ar fhreagra

Barry Cowen

Ceist:

248. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the level of use of latent defects insurance on new residential construction projects in each of the years 2014 to 2016 and to date in 2017. [21941/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 247 and 248 together.

A number of companies operating in the Irish insurance market currently provide latent defects insurance cover in respect of new residential buildings. The Central Bank of Ireland is responsible for the prudential supervision of such undertakings authorised in Ireland. My Department has no function in relation to this aspect of the matter nor does it collect any statistics on the use of insurance. For consumers such products have the advantage of providing direct recourse from the insurer when problems arise rather than having to rely on the insurances of the builder/developer or other parties.

The recently transposed EU Solvency II Directive prohibits Member States from interfering in relation to the pricing or terms and conditions of insurance products. Therefore while it would technically be possible to introduce mandatory latent defects insurance, this could have a potentially inflationary impact on the cost of housing delivery. Furthermore mandatory insurance would not necessarily increase levels of compliance with Building Regulations, rather it would provide compensation and recourse where defects were identified after by homeowners after completion.

My Department has focussed on implementing reforms to ensure strong and effective regulation in the building control system and the construction industry. The building control reforms introduced provide insurance underwriters with sufficient confidence to cover risks at prices which are sustainable and which the market can bear.

Building Regulations Compliance

Ceisteanna (249)

Barry Cowen

Ceist:

249. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of building construction projects inspected by local authorities in each of the years 2014 to 2016 and to date in 2017. [21942/17]

Amharc ar fhreagra

Freagraí scríofa

In relation to the Deputy's request, the matters referred to are matters for local authorities, who are independent in the use of their statutory powers under the Building Control Acts 1990 - 2014. The Local Government Management Agency collected data on inspections carried out up to 2013 and published this information in the Service Indicators in Local Authorities reports from 2005 to 2013. These reports are available at http://www.lgma.ie/en/publication-category/service-indicator-reports-2004-2010.

Following the commencement of the Local Government Reform Act 2014, the National Oversight & Audit Commission (NOAC) now collects and publishes this data. The Performance Indicators in Local Authorities reports for 2014 & 2015 are available at http://noac.ie/noac-reports/. The 2016 report will be published once it is finalised and the 2017 report will be made available in due course.

Departmental Bodies Establishment

Ceisteanna (250)

Barry Cowen

Ceist:

250. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his plans to re-establish the building regulations advisory board; his views on whether it was a mistake by the previous Minister to disband this board; and his further views on whether it should be re-established. [21945/17]

Amharc ar fhreagra

Freagraí scríofa

Section 14 of the Building Control Act 1990 provides for the establishment, at the Minister's discretion, of a Building Regulations Advisory Body (BRAB) to advise the Minister on matters relating to building regulations.

The term of office of the last BRAB expired on 1 October 2012.  The members of that BRAB were appointed for a term of office of five years from 14 June 2007 to 13 June 2012.  A temporary extension to 1 October 2012 was granted to the existing members in light of the Building Control (Amendment) Regulations which were at an advanced stage of development at that time.

In accordance with Appendix IIb of the Government’s Public Service Reform Plan, published by the Department of Public Expenditure and Reform in November 2011, the BRAB was listed as one of the forty six “Candidate Bodies for Critical Review by end June 2012”.  The outcome of that review process was that the work of the Building Regulations Advisory Body was to be absorbed into my Department.

I have no plans to establish a new BRAB at this time.

Mortgage to Rent Scheme Data

Ceisteanna (251)

Pearse Doherty

Ceist:

251. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government the number of properties which have been successfully purchased through the mortgage to rent scheme since it first launched in 2012, by county, in tabular form; if he will provide these data under both the approved housing body mortgage to rent scheme and the local authority mortgage to rent scheme; and if he will make a statement on the matter. [22018/17]

Amharc ar fhreagra

Freagraí scríofa

There are currently two Mortgage to Rent (MTR) schemes funded by my Department. A scheme exists whereby a local authority (LA) can acquire ownership of properties with unsustainable local authority mortgages, thus enabling the household to remain in their home as a social housing tenant (LA-Mortgage-to-Rent). The other scheme provides for an Approved Housing Body (AHB) to acquire ownership of a property with an unsustainable private mortgage, which also enables the household to remain in their home as a social housing tenant (AHB-Mortgage-to-Rent). Both schemes assist families with income difficulties whose mortgages are unsustainable, and where there is little or no prospect of a significant change in circumstances in the foreseeable future. Both schemes are part of the overall suite of social housing options and an important part of the mortgage arrears resolution process.

Information in relation to LA-Mortgage-to-Rent scheme transactions during its pilot phase in Dublin City Council and Westmeath County Council in 2013 and annual transactions, broken down by local authority, following national roll out of the scheme in 2014, is available on my Department’s website at the following link: 

http://www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity.

Since the introduction of the Mortgage to Rent (MTR) Scheme for borrowers of private commercial lending institutions in 2012, a total of 3,672 cases have been submitted under the scheme to the end of March 2017.  Of the 3,672 cases submitted, 2,816 were ineligible or terminated during the process.  Of the remaining cases submitted, 235 have been completed and the remaining 621 are being actively progressed.

The Housing Agency publishes, on a quarterly basis, detailed statistical information on the operation of the MTR scheme, including the number of cases that have been terminated and the reasons for same and a breakdown of cases per County.  This information is available on the Agency's website at the following link:

https://www.housingagency.ie/our-services/housing-supply-services/mortgage-to-rent.aspx.

I published a Review of the Mortgage to Rent Scheme for borrowers of commercial private lending institutions on 8 February 2017 which contains a number of actions to make the MTR process quicker, more transparent, easier to navigate for borrowers and ultimately, more accessible to more households in mortgage distress.  The Review is available on the Rebuilding Ireland website at the following link: http://rebuildingireland.ie/install/wp-content/uploads/2017/02/Review-of-the-Mortgage-to-Rent-Scheme-February-2017.pdf.

My Department and the Housing Agency have begun implementing each of the actions set out in the Review and I am confident that these changes will make a significant impact to those households who can benefit from access to the scheme.

Building Regulations

Ceisteanna (252, 253, 254, 255)

Barry Cowen

Ceist:

252. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the formal powers, as defined in legislation or regulations, an assigned certifier has to enter a site, inspect the works, inspect materials, take samples and do tests if they see fit. [22041/17]

Amharc ar fhreagra

Barry Cowen

Ceist:

253. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the statutory duties an assigned certifier has to enforce or report suspect practices to a local authority; and the statutory powers an assigned certifier has to stop construction works, instigate enforcement proceedings and direct the builder or their agent to cease works. [22042/17]

Amharc ar fhreagra

Barry Cowen

Ceist:

254. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if it is legally permissible for a builder to enter into a contract with an assigned certifier which states that the certifier may not stop construction works for whatever reasons under the terms of their appointment. [22043/17]

Amharc ar fhreagra

Barry Cowen

Ceist:

255. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on whether under the current building control system there are incentives for an assigned certifier not to instigate enforcement proceedings or to direct a builder or their agents to cease works if they suspect breaches of building control regulations for fear of reputational damage or risks to future business on behalf of an assigned certifier. [22044/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 252 to 255, inclusive, together.

Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings.  Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and enforcement in the event of breaches of the Building Control Regulations.

In response to the many building failures that have emerged in the past decade, my Department introduced the Building Control (Amendment) Regulations 2014, which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.

Under the 2014 Regulations, owners are required to appoint an Assigned Certifier whose role, in conjunction with the builder and the project team, is to draw up and execute an appropriate inspection plan and to certify the building’s compliance with Building Regulations on completion.  The Assigned Certifier undertakes to inspect, and to co-ordinate the inspection activities of others, during construction, and to certify the building or works on completion. The role of Assigned Certifier does not include responsibility for the supervision of any builder.  Builders undertake to cooperate with the Assigned Certifier’s inspection plans and to jointly certify the building or works on completion. In effect, the statutory Certificate of Compliance on Completion certifies that a building is compliant with all relevant requirements of the Building Regulations.

Article 20G of the Building Control Regulations provides for a more detailed outline of the roles and responsibilities of the key personnel, including owners, designers, assigned certifiers and builders, through a code of practice known as the Code of Practice for Inspecting and Certifying  Buildings and Works. That Code was produced in late 2014 and revised last year and is available on my Department's website at: http://www.housing.gov.ie/sites/default/files/publications/files/2016-10-21_code_of_practice_for_inspecting_and_certifying_buildings_and_works_final_version.pdf.

The purpose of the Code of Practice is to provide guidance with respect to inspecting and certifying works or a building for compliance with the requirements of the Second Schedule to the Building Regulations. 

Where works or a building to which the Building Control Regulations apply are inspected and certified in accordance with the guidance contained in this Code of Practice, this shall, prima facie, indicate compliance with the relevant requirements of the Building Control Regulations.

Irish Water

Ceisteanna (256)

Barry Cowen

Ceist:

256. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the steps which have been taken to address the use of defective pipes by Irish Water; the scale of any such issues with defective pipes; and if he will make a statement on the matter. [22049/17]

Amharc ar fhreagra

Freagraí scríofa

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Irish Water is responsible for water services infrastructure including water supply pipes or sewers extending from a waterworks or waste water works to the curtilage of a private property.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.

Housing Policy

Ceisteanna (257)

Michael McGrath

Ceist:

257. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government his plans to introduce an affordable housing scheme for persons within certain income bands who cannot afford to buy a home privately; and if he will make a statement on the matter. [22052/17]

Amharc ar fhreagra

Freagraí scríofa

I have no plans at present to re-introduce an Affordable Housing Purchase Scheme because there are a range of measures being taken under the Rebuilding Ireland Action Plan for Housing and Homelessness to increase housing supply overall, with the aim of creating a functioning and sustainable housing system which can meet housing demand at more affordable prices. 

The plan is divided into five pillars, with each targeting a specific area of the housing system. Pillar 3, entitled Build More Homes, has a key objective of increasing the output of private housing to meet demand at affordable prices.

The opening up of state owned lands for the development of for mixed-tenure housing, particularly in the major urban areas, where demand is greatest, is an important policy initiative. On 27 April 2017, I published details of some 2,000 hectares of land in public ownership, which has the potential to deliver up to 50,000 homes nationally. Full details of these sites can be accessed on the Rebuilding Ireland Housing Land Map at the following link: http://rebuildingireland.ie/news/rebuilding-ireland-land-map/.

I have asked all local authorities to be innovative and proactive in developing these sites. The final model for each site will be the subject of careful consideration by the local authority concerned, the elected members included, who are best placed to know and provide for the housing need in their area. Indeed, the Dublin local authorities are well advanced in bringing large-scale sites forward for mixed tenure housing, with projects advertised that can deliver circa 3,000 mixed-tenure homes in the Dublin City Council and South Dublin County Council areas alone. 

Other measures being taken to increase the supply of housing include:

 - €200 million Local Infrastructure Housing Activation Fund;

 - National Treasury Management Agency financing of large-scale “on-site” infrastructure;

 - Planning Reforms;

 - Putting in place a National Planning Framework and land management actions;

 - Efficient design and delivery methods to lower housing delivery costs;

 - Measures to support construction innovation and skills;

 - The enhanced supply of more affordable starter homes in key locations through a targeted rebate of development contributions in Dublin and Cork for housing supplied under certain price levels;

 - New National Apartment Planning Guidelines, reducing the cost of apartment building;

 - Changes to aspects of the operation of Strategic Development Zones to enable swifter adjustments to meet market requirements;

 - A vacant sites levy.

Pillar 4 of the Rebuilding Ireland Plan, entitled 'Improve the Rental Sector', provided for the introduction of an affordable rental scheme to enhance the capacity of the private rented sector to provide quality and affordable accommodation for households currently paying a disproportionate amount of disposable income on rent. Lands held by local authorities in rent pressure zones are to be brought to market on a competitive tendering basis, with a view to leveraging the value of the land to deliver the optimum number of units for rent, targeting middle income households, in mixed tenure developments.

Planning Issues

Ceisteanna (258)

Jackie Cahill

Ceist:

258. Deputy Jackie Cahill asked the Minister for Housing, Planning, Community and Local Government if he will investigate the possibility of having the planning designation of a property, which was built with a planning designation of short-term holiday, changed to a full-time residence designation at the request of the owner and on the condition that the property fulfils all building regulations attached to a full-time residence designation with each property being decided on its own individual merits (details supplied); and if he will make a statement on the matter. [22060/17]

Amharc ar fhreagra

Freagraí scríofa

I have no proposals to change the existing position whereby a change in the use of a holiday home to permanent accommodation requires planning permission.

Foreshore Licence Applications

Ceisteanna (259)

Catherine Connolly

Ceist:

259. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government the procedures that are used in the screening of submissions received (details supplied); the parameters applied to make the selection; if the EIA and AA screening processes were not carried out prior to June 2016; and if he will make a statement on the matter. [22078/17]

Amharc ar fhreagra

Freagraí scríofa

Formal Environmental Impact Assessment (EIA) and Appropriate Assessment (AA) screening processes are undertaken by the Marine Licence Vetting Committee (MLVC) as part of the assessment of a foreshore licence/lease application, on foot of which a decision is made whether to seek an Environmental Impact Statement (EIS). Appropriate Assessment (AA) screening will focus on whether the project alone or in combination is likely to have significant effects on a Natura 2000 site in view of its conservation objectives.

The MLVC met to begin an assessment (including EIA and AA Screening processes) of the application concerned on 20 February 2017 and the process is on-going. There was no meeting of the MLVC for the purposes of assessing this application prior to June 2016. In this case, formal assessment of the application only began after the following:

1. The conclusion of all consultation periods (public and prescribed body);

2. Examination of each submission (550+) received throughout all public consultation periods and categorisation of the supporting statements or objections contained within each submission;

3. Provision of each submission (550+) and a summary of objections to the applicant;

4. Provision of a response by the applicant to each category of objection;

5. Examination of each submission received from a prescribed body, provision of those submissions to the applicant and receipt of the applicant's response in each case.

The Marine Planning and Foreshore Unit in my Department does not screen submissions received under either the prescribed body or public consultation processes. All submissions received within the consultation period in relation to a particular application are taken into account in full in assessing the application.

All submissions received during the three public notice periods, including those from both the Public and the Prescribed Bodies and the responses by the applicant to the objections raised in the submissions, are being fully considered by the MLVC in assessing any potential environmental impact of the proposed development. A document categorising the objections received through the public consultation, the submissions received from both the prescribed bodies and through the public consultation, as well as the responses from the applicant can be viewed on my Department's website at: http://www.housing.gov.ie/planning/foreshore/applications/marine-institute-spiddal.

Property Tax Collection

Ceisteanna (260)

Éamon Ó Cuív

Ceist:

260. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning, Community and Local Government the amount of local property tax collected by each local authority in 2016; the population of each local authority; the contribution each local authority made to the equalisation fund; the amount they received from the equalisation fund; the basis on which this is collected and distributed; and if he will make a statement on the matter. [22084/17]

Amharc ar fhreagra

Freagraí scríofa

Local Property Tax (LPT) is collected and administered by the Revenue Commissioners and is remitted to the Central Fund. Since 2014, the Minister for Finance pays an equivalent to the amount collected in LPT into the Local Government Fund. The Revenue Commissioners publish LPT information including details of LPT collected in all local authority areas on their website at the following web link: 

http://www.revenue.ie/en/about/statistics/local-property-tax.html.

Following the recent publication of the results of Census 2016, details of the population of each local authority area in 2016 are available from the searchable database on the Central Statistics Office (CSO) website at the following web link: www.cso.ie/en/census.

Local retention of LPT began in 2015. Currently, 80% of the estimated LPT liability in each local authority area for a given year is retained in that area to fund public services, notwithstanding any local variation decisions. The remaining 20% of LPT is re-distributed to provide equalisation funding to those local authorities that have lower property tax bases, due to the variance in property values and density across the State.  These amounts and subsequent distribution of equalisation funding in 2016 are published on my Department’s website at the following web link:

http://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/LocalGovernment/Administration/lpt_2016_final_allocation_summary.pdf.

Equalisation is the process that ensures that every local authority’s LPT allocation is brought up to minimum funding level known as the LPT Baseline. The 2016 LPT baseline is linked to the General Purpose Grants allocated to local authorities from the Local Government Fund in 2014, immediately prior to the introduction of local retention. The shortfall between the 20% contribution from local authorities and the total amount required for equalisation is met by the Exchequer. In a challenging national fiscal situation, this is a significant investment by the State in local government. My Department keeps the LPT allocation mechanism under review to ensure equitable treatment for all local authorities. Matters relating to equalisation levels and allocation methods for future years will be reviewed as necessary and appropriate.

Social Welfare Benefits Eligibility

Ceisteanna (261)

Bobby Aylward

Ceist:

261. Deputy Bobby Aylward asked the Minister for Social Protection the estimated amount it would cost the State to exclude maintenance payments from means assessment for social welfare payments; if he has previously investigated the feasibility of same; if he will consider this action as part of future budgets; and if he will make a statement on the matter. [21592/17]

Amharc ar fhreagra

Freagraí scríofa

Where a social welfare claimant is in receipt of maintenance payments from a spouse/partner, housing costs incurred by the social welfare claimant (e.g. rent or mortgage payments and/or home improvement loan) up to a maximum of €95.23 per week may be offset against the maintenance payment, with half the balance of the maintenance being assessed as means. These arrangements ensure there is always an incentive to receive a maintenance payment. The cost of disregarding all maintenance received by a welfare claimant across all relevant schemes is not readily available.

Where a social welfare claimant is paying maintenance to another person, the means assessment of this maintenance paid varies by the type of social welfare scheme.

Social welfare legislation specifically provides that maintenance payments paid under a separation order by recipients of certain social welfare schemes are to be deducted from any assessment of their income. This provision applies to the state pension non-contributory, widow/er’s and surviving civil partner’s non-contributory pension, carer’s allowance, one-parent family payment, and the blind pension.

In the case of claimants of other schemes, however, such as jobseeker’s allowance, disability allowance and supplementary welfare allowance, their means for social welfare purposes are their means before they meet any obligations they may have to pay maintenance i.e. no account is taken of such payments in assessing the means of the maintenance payer.

It is not possible to provide the cost of excluding maintenance payments made by social welfare claimants, as the relevant data are not available. Any change to the current arrangements would have to be considered in the overall policy and budgetary context.

Disability Allowance Applications

Ceisteanna (262)

Niamh Smyth

Ceist:

262. Deputy Niamh Smyth asked the Minister for Social Protection the reason for the refusal of disability allowance in the case of a person (details supplied); the options available to the person following a refusal; and if he will make a statement on the matter. [21919/17]

Amharc ar fhreagra

Freagraí scríofa

This gentleman submitted an application for disability allowance (DA) on 10 February 2017.

The application, based upon the evidence submitted, was refused as he was deemed to have means in excess of the statutory limit for his circumstances. He was notified in writing of this decision on 24 April 2017 and of his rights of review and appeal.

He requested a review of the decision by a deciding officer (DO) and submitted additional evidence for consideration. The review has now been concluded by a DO and the decision to refuse on means grounds has been confirmed. On 5 May 2017, he was notified of the outcome of this review. He was also advised of their right to appeal this decision to the independent social welfare appeals office.

I trust this clarifies the matter for the Deputy.

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