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Wednesday, 24 May 2017

Written Answers Nos 183-202

Supplementary Welfare Allowance Applications

Ceisteanna (183)

Bernard Durkan

Ceist:

183. Deputy Bernard J. Durkan asked the Minister for Social Protection if financial assistance will be given in the case of a person (details supplied) who submitted their required documentation in respect of a funeral; and if he will make a statement on the matter. [24843/17]

Amharc ar fhreagra

Freagraí scríofa

Under the supplementary welfare allowance (SWA) scheme, my Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. There is no automatic entitlement to a payment. ENPs are payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

The person concerned made an application for an ENP in respect of funeral expenses. In order to determine her entitlement to this payment, she has been requested to produce certain documentation in support of her application. When this information is received a decision on her application will be immediately made.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals Status

Ceisteanna (184)

Michael Healy-Rae

Ceist:

184. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied) for disability allowance; and if he will make a statement on the matter. [24845/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 6th December 2016. However the Oral Hearing was adjourned as all parties wished to submit more documents in support of the appeal.

I understand that a Freedom of Information request has been submitted by the person concerned and a response is currently being prepared. As soon as the response has issued a further oral hearing will be scheduled as quickly as possible and the person concerned will be informed when arrangements for the oral hearing have been completed.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I hope this clarifies the matter for the Deputy.

JobPath Data

Ceisteanna (185)

John Brady

Ceist:

185. Deputy John Brady asked the Minister for Social Protection the target set by his Department for JobPath in the number of long-term unemployed it is expected to place in employment annually; the target set for the local employment service; and if he will make a statement on the matter. [24863/17]

Amharc ar fhreagra

Freagraí scríofa

As the deputy will be aware, the State’s Public Employment Service is managed by my Department and delivered directly by its own Intreo service as well as by contracted private companies, such as JobPath, Local Employment Service and Job Club providers. The Department has contracts in place with in excess of 60 companies for the provision of these services. This includes two contracts for the provision of the JobPath service and 22 contracts for the provision of the Local Employment Service (LES).

The JobPath Request for Tender set out the percentage of clients referred to the service that the Department expected the service providers to place into employment, based on historic progression to employment rates of each of the referral groups in respect of each contract area (i.e. the ‘counterfactual rate’). The expected performance, known as the reference performance rate, set out in the RFT was set at between 60% and 70% above the counterfactual rate, depending on the client group’s duration of unemployment. The Department also set a minimum performance rate, below which the Department would not accept bids. This was set at 30% above the counterfactual rate.

Based on this information, tenderers were invited to submit performance offers as part of their bids. The performance offers made in the bids form part of the JobPath service providers’ contracts with the department and as such it is not intended to publish same.

I can however confirm that no JobPath providers bid below the reference performance level i.e. below the 60% - 70% above the counterfactual rate as set out in the JobPath request for tender. Full details of the approach taken are contained in the request for tender which is available on the department’s website.

The JobPath service has been designed to support the long term unemployed (and those most at risk of becoming long term unemployed) to obtain and sustain employment in the open labour market. The service is being delivered on a payment by results model with all upfront costs of the service being borne by the companies themselves. Jobseekers engage with the JobPath service for 12 months, but can expect to receive in employment support and assistance from the service for a minimum of three months (and up to a maximum of 12 months) when they enter employment.

Payments to contractors are geared towards sustained employment outcomes achieved; contractors are paid for each 13 week period of full time employment (of 30 hours per week) that former Jobseekers successfully complete, up to a maximum of four such payments. In addition a payment is only made were the former jobseeker was not in receipt of a Jobseeker related income support payment from the department during the 13 week period.

The contracts for the provision of the local employment service (LES) set out the requirements of the service to be delivered and the capacity required from the contractors. Jobseekers engage with the LES service for 12 months and may receive in employment support and assistance from the service when they enter employment. Contractors aim to place 30% of those jobseekers who complete their engagement period with the service into employment (of 30 hours per week).

The clients with whom the local employment service engage fall into two broad groupings - those clients activated/referred by the department for support and assistance and jobseekers who engage directly with the service themselves (this group may include people with a disability, lone parents, early school leavers, qualified adults, ex-offenders, members of the travelling community and refugees).

Payments to contractors are made based on this contract for services model, with the department fully funding the cost of the service in any given location.

I hope this clarifies the matter for the deputy.

Social Welfare Benefits Data

Ceisteanna (186)

Bernard Durkan

Ceist:

186. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for social welfare assistance successfully appealed in each of the past three years; and if he will make a statement on the matter. [24865/17]

Amharc ar fhreagra

Freagraí scríofa

The number of social welfare appeals determined with a favourable outcome for appellants from 2014 to date in 2017 is outlined in the table below.

Overall, 56.5% of the 31,211 appeals which were finalised in 2014 had a favourable outcome for the appellant, i.e. were either allowed in full or in part, or resolved by way of a revised decision by a Deciding Officer/Designated Person. 58.8% of the 25,406 appeals finalised in 2015 had a favourable outcome for the appellant, as did 59.2% of the 23,220 appeals finalised in 2016 and 57.2% of the 6,346 appeals finalised to date in 2017.

There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was wrong.

Where additional evidence is provided in support of an appeal, the original decision may be revised by the Deciding Officer or Designated Person. This was the case in some 30% of favourable appeal outcomes in 2014, some 35% of favourable appeal outcomes in 2015, some 37% of favourable appeal outcomes in 2016 and some 39% to date in 2017. Where the decision is not revised in the Department in light of the appeal contentions, further evidence may be provided by the appellant as the appeal process proceeds. In addition, the Appeals Officer may gain insights when they meet the appellant in person at an oral hearing which may also influence the outcome of the appeal.

I trust this clarifies the matter for the Deputy.

Favourable Appeal Outcomes 2014 - 2017

Year

Revised Deciding Officers

Decisions

Allowed by Appeals Officer

Partly Allowed by Appeals Officer

Total Favourable

Decisions

2014

5,306

11,327

1,003

17,636

2015

5,200

8,939

807

14,946

2016

5,100

7,871

783

13,754

2017 (to date in 2017)

1,415

2,002

212

3,629

State Pensions

Ceisteanna (187)

Michael Healy-Rae

Ceist:

187. Deputy Michael Healy-Rae asked the Minister for Social Protection his views on a matter (details supplied) regarding retirement age; and if he will make a statement on the matter. [24878/17]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare and Pensions Act 2011 provided that State pension age will be increased gradually to 68 years. This began in January 2014 with the abolition of the State pension (transition), which had been available from 65 for those who satisfied the qualifying conditions, thereby standardising State pension age for all at 66 years. This is the current State pension age. It will increase to 67 in 2021 and to 68 in 2028.

In most cases, it is hoped that workers will continue to work up to the new State pension age. In such cases, they will not be eligible to claim Jobseekers payments, as they will be in employment. Where this is not possible, but they are still jobseekers, there are specific measures which apply to someone claiming Jobseeker’s Benefit from a date after their 65th birthday, provided they are entitled to that payment. Where qualified, these recipients may continue to be eligible for that payment until reaching pension age. The requirement to be genuinely seeking work remains, however, and if someone has voluntarily retired aged 65, or at a younger age, and is not seeking work, they are not entitled to Jobseekers benefits.

Reversing the abolition of State pension (transition) would have a significant Exchequer cost. In 2013, the cost of the State pension (transition) was €137 million. Its abolition was not expected to save that amount of expenditure in full, as some people who were affected would alternatively claim working age payments such as Jobseeker's Benefit (albeit at a lower rate than the rate of the State pension), or may claim an Increase for a Qualified Adult in respect of their spouse’s pension. However, it is estimated that well over half of the gross cost has been saved each year as a result of this measure, and this would be expected to increase as (a) the number of 65 year olds increases, (b) the change results in a higher percentage of people working while aged 65, and (c) there have been two Budget increases in the rate of the State pension since then. It is estimated that the net saving in 2018 is likely to be in the region of €84 million, and this is expected to increase over time. The cost of reversing this decision would depend, therefore, on the effective date of such a measure, and also on any resultant changes in behaviour.

Each year more people are living to pension age and living longer in retirement. As a result of this demographic change, the number of State pension recipients is increasing year on year. This has significant implications for the future costs of State pension provision, and demographic change alone is expected to increase spending on pensions by over €220 million this year, not including the impact of rate increases.

The purpose of changes to the State pension age is to make the pension system more sustainable in the context of increasing life expectancy. This sustainability is vital if current workers, who fund State pension payments through their PRSI on a Pay-As-You-Go basis, are to receive a pension themselves when they reach retirement age. Rowing back on these changes, which have already been legislated for, would undermine that sustainability to the detriment of current workers.

It should also be borne in mind that these changes are modest in the context of increasing longevity among older people, and the duration of the average pension is still expected to increase based on current trends.

There is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. While such a contract may have been entered into with a retirement date of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so.

Of course workers who do not wish to continue working may retire before they reach the State pension age. However, they will not be entitled to a State pension until they reach state pension age, and if they are not genuinely available for work, they will not be eligible for Jobseekers benefit. This is the case whether they are aged 65 or younger.

I hope this clarifies the matter for the Deputy.

Disability Allowance Payments

Ceisteanna (188)

Seamus Healy

Ceist:

188. Deputy Seamus Healy asked the Minister for Social Protection when disability allowance payment will commence for a person (details supplied) who has been approved on appeal from April 2016; and if he will make a statement on the matter. [24911/17]

Amharc ar fhreagra

Freagraí scríofa

Following a successful appeal, the person concerned has been awarded disability allowance with effect from 15 June 2016. The first payment will be made by his chosen payment method on 31 May 2017.

Arrears of payment due will issue as soon as possible once any necessary adjustment are calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).

I trust this clarifies the matter for the Deputy.

Exceptional Needs Payment Applications

Ceisteanna (189)

Bernard Durkan

Ceist:

189. Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment will issue in the case of a person (details supplied); the progress in this case to date; and if he will make a statement on the matter. [24963/17]

Amharc ar fhreagra

Freagraí scríofa

The person concerned made an application for an Exceptional Needs Payment towards funeral expenses. Following an examination of the application and all supporting documentation a decision was made to refuse the application; a written notification of this refusal issued to the person concerned on the 7th of April. The basis for the refusal was that the person concerned was deemed to have sufficient resources available to them, over and above the weekly rate of Supplementary Welfare Allowance applicable to their circumstances, to meet the expense incurred.

I trust this clarifies the matter for the Deputy.

Domiciliary Care Allowance Appeals

Ceisteanna (190)

Michael Healy-Rae

Ceist:

190. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied) regarding the refusal of a domiciliary care allowance; and if he will make a statement on the matter. [24978/17]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance was received from this lady on the 1st September 2016. The application was not allowed as it was considered that the child did not meet the eligibility criteria for the allowance. A letter issued on 8th December 2016 outlining the decision.

A request for a review of this decision was received on 22nd February 2017 and additional information has been supplied. The application will be re-examined by a deciding officer and a revised decision will be made if warranted. The lady concerned will be notified of the outcome of this review as soon as it is completed. Such reviews can take up to 16 weeks to complete at present.

I hope this clarifies the matter for the Deputy.

Disability Allowance Appeals

Ceisteanna (191)

Alan Kelly

Ceist:

191. Deputy Alan Kelly asked the Minister for Social Protection the status of a disability allowance application by a person (details supplied); and if he will make a statement on the matter. [24997/17]

Amharc ar fhreagra

Freagraí scríofa

This lady submitted an application for disability allowance on 16 February 2017.

The application, based upon the evidence submitted, was refused as she was deemed to have means in excess of the statutory limit for her circumstances. She was notified in writing of this decision on 23 May 2017 and of her rights of review and appeal.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Appeals

Ceisteanna (192)

Michael Healy-Rae

Ceist:

192. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied) regarding carer's allowance; and if he will make a statement on the matter. [25045/17]

Amharc ar fhreagra

Freagraí scríofa

Carer's Allowance (CA) is a means-tested social assistance payment, made to a person who is providing full-time care and attention to a person who has a disability such that they require that level of care.

The Department periodically reviews claims in payment to ensure that there is continued entitlement.

Following a review, it was determined that the evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 21 February 2017 of this decision, the reason for it and of her right of review and appeal. The person concerned was notified on 28 March 2017 that her payment would cease on 26 April 2017, the reasons why and of her right of appeal.

No appeal has been lodged in this case to date. The person concerned requested a review of the decision and submitted additional evidence in support of her application on 18 May 2017.

The review is currently being processed and once completed, the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Ceisteanna (193)

Martin Heydon

Ceist:

193. Deputy Martin Heydon asked the Minister for Social Protection if a pension claim will be reviewed for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25046/17]

Amharc ar fhreagra

Freagraí scríofa

To be eligible for state pension (contributory) under current social welfare legislation an applicant must:

- have entered insurable employment before attaining the age of 56 years;

- have at least 520 full rate paid contributions since entry into insurance;

- for a maximum rate pension, have a yearly average of 48 paid and/or credited contributions from 1979, or from the applicant’s date of entry into insurable employment to the end of the last complete tax year preceding their 66th birthday, or,

- for a reduced rate pension, have a yearly average of at least 10 paid and/or credited contributions recorded from 1953, or from the applicant’s date of entry into insurable employment (whichever is the later) to the end of the tax year preceding their 66th birthday.

According to the records of the Department, the person concerned has a total of 1,767 reckonable paid and credited contributions from 9 June 1969 (date the person entered into insurable employment) to the end of December 2016 (the last complete contribution year prior to the person reaching age 66). This gives the person a yearly average of 36 and an entitlement to €214.20 state pension (contributory) per week, effective from 11th May 2017. The person concerned was notified of this decision on 4th May 2017, together with their right to appeal the decision.

The homemaker’s scheme was introduced in 1994, to make qualification for state pension (contributory) easier for claimants who take time out of the workforce for caring duties. The scheme allows a period of up to 20 years (from 1994) spent caring for children under 12 years of age or an incapacitated person(s) to be disregarded when state pension (contributory) eligibility is being assessed. The effect of this is to reduce the number of years by which the person’s contributions are divided, thereby increasing their yearly average, and making it easier for them to qualify for pension, or where qualified, to receive a higher rate of entitlement. In the case of the person concerned, it is not possible to apply the homemakers disregard as the period spent caring preceded 1994.

It is open to the person concerned to apply for state pension (non-contributory). This is a means tested pension, also payable from age 66. I have arranged for an application form to be issued to the person concerned. On receipt of a completed form, the person’s entitlement to state pension (non- contributory) will be assessed and the person will be notified of the outcome without delay.

I hope this clarifies the matter for the Deputy.

Office of Public Works Properties

Ceisteanna (194)

Jan O'Sullivan

Ceist:

194. Deputy Jan O'Sullivan asked the Minister for Public Expenditure and Reform if the Office of Public Works, OPW, plans to open the medieval Barbican to the public in view of the local authority's decision to close Laurence's Gate in Drogheda to traffic; the cost of making the gate safe for access by the public; the timeframe for the opening of the gate to the public; if the OPW will provide personnel at the site in Drogheda to allow for public access; and if he will make a statement on the matter. [24830/17]

Amharc ar fhreagra

Freagraí scríofa

St. Laurence’s Gate has been opened to the public on particular occasions such as Heritage Week and has proved most popular. However, primarily due to resourcing issues, there are no immediate plans to open the Gate more regularly. Nevertheless, the Office of Public Works will actively engage with the Local Authority to find ways to facilitate more extensive public access for the future. It will also consider introducing a visitor access model with voluntary local input if suitable partners can be identified.

Residential Institutions Statutory Fund

Ceisteanna (195, 196, 197)

Catherine Connolly

Ceist:

195. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform if the new Caranua premises are owned or leased by the OPW, Office of Public Works; the nature of the lease in question between the OPW and Caranua or the OPW and another party but under which Caranua will be allowed to use the premises; the amount of rent that Caranua will pay annually; if Caranua has paid rent to the OPW since its foundation in 2013 to 2016 and to date in 2017, if so, the amount of same and the nature of that lease; and if he will make a statement on the matter. [24869/17]

Amharc ar fhreagra

Catherine Connolly

Ceist:

196. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the details of the lease at a location (details supplied); the terms, rent payable and duration of same between the OPW and Caranua; and if he will make a statement on the matter. [24870/17]

Amharc ar fhreagra

Catherine Connolly

Ceist:

197. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the nature of the arrangement, lease or other agreement at a location (details supplied) between his Department and the Department of Education and Skills; if rent is paid; and if so, the details of same. [24871/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 195 to 197, inclusive, together.

In 2013, the Commissioners of Public Works were asked by the Department of Education and Skills to provide office accommodation for CARANUA on the basis that CARANUA would meet the appropriate rental costs. The Commissioners provided CARANUA with space in 24/27 North Frederick Street, Dublin 1 (a building leased by the Commissioners). The lease on Frederick Court is between the Commissioners of Public Works and the Landlord.

Rent was not paid by CARANUA for its occupation of Frederick Court for the period since its foundation in 2013 to 31 May 2016. It was subsequently agreed with CARANUA that it would pay rent on Frederick Court commencing 1 June 2016 in the amount of €106,000 per annum. The first instalment has been received with the second instalment expected shortly. This arrangement was dealt with by way of a simple agreement between the Commissioners of Public Works and CARANUA.

As the lease on Frederick Court is expiring, it will be necessary to vacate that premises. The Commissioners of Public Works have offered CARANUA space in newly leased premises on James Joyce Street, Dublin 1. The lease is being taken by the Commissioners of Public Works for use by another State agency and CARANUA are being offered accommodation in the building. This will be dealt with by way of a simple agreement between the Commissioners of Public Works and CARANUA. The amount of rent due to be paid by CARANUA for the new office accommodation amounts to €188,589.55 plus VAT per annum. This increased rent arises from the provision of a larger area of accommodation to CARANUA.

It is the remit of the Commissioners to provide accommodation for Government Departments and certain agencies. The Commissioners are funded by the Exchequer to meet the rental costs that arise in the provision of leased accommodation for these. Accordingly, the Department of Education and Skills does not pay rent for its accommodation in Frederick Court.

Community Employment Schemes Supervisors

Ceisteanna (198)

Charlie McConalogue

Ceist:

198. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the progress to date on the implementation of Labour Court recommendation No. 19293 for pension claims for community employment supervisors; and if he will make a statement on the matter. [24901/17]

Amharc ar fhreagra

Freagraí scríofa

The High Level Working Group on the Community Sector was established to give consideration, inter alia, to the matters raised by the Deputy.  The Group last met on 7 April and was briefed on a comprehensive scoping exercise that will get underway over the coming months.

The position has always been that FÁS or the Department of Social Protection is not the employer and that it is not possible for the State to provide funding for such a scheme to employees of private companies even if those companies are, or were, reliant on State funding.  In considering the matter, I must have regard to costs and the precedent of such an arrangement were one to be created.

Action Plan for Rural Development Implementation

Ceisteanna (199)

Brendan Smith

Ceist:

199. Deputy Brendan Smith asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs when a scheme of financial assistance and tax incentives will be introduced to assist the upgrading of accommodation in towns and villages to provide housing; and if she will make a statement on the matter. [24914/17]

Amharc ar fhreagra

Freagraí scríofa

The Government’s Action Plan for Rural Development, which was launched on 23rd January, contains a number of measures which have the objective of rejuvenating Ireland’s rural towns and villages to make them more attractive places in which to live and work, and to increase their tourism potential. I launched an enhanced Town and Village Renewal Scheme on 13th April last, with a focus on improving the economic development of our rural towns and villages. Funding of €20 million has been made available under the scheme, which will support up to 300 towns and villages over the next 15 months.

I will separately launch a pilot scheme in the second half of this year to encourage residential occupancy in rural towns and villages. The pilot will examine ways in which properties that are currently not in use in town centres can be renovated to allow them to be used for residential purposes. The scheme will be aimed at owner-occupiers.

Details of the scheme are being finalised in consultation with relevant Departments and full particulars will be announced when the pilot scheme is launched later in the year.

Commemorative Medals

Ceisteanna (200)

Niamh Smyth

Ceist:

200. Deputy Niamh Smyth asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the reason no members of the fire services received commemorative 1916 to 2016 medals; the reason non-rostered and support staff within the ambulance service also did not receive medals; her plans to ensure these members of the emergency services receive these medals; and if she will make a statement on the matter. [24983/17]

Amharc ar fhreagra

Freagraí scríofa

The presentation of medals for participation in the 1916 commemorations was a matter for the services concerned and/or their sponsoring Departments. My Department has no role in relation to the local authority fire and rescue services or the ambulance services.

Registration of Deaths

Ceisteanna (201)

Michael Healy-Rae

Ceist:

201. Deputy Michael Healy-Rae asked the Minister for Health if he will address a matter (details supplied) regarding death registration; and if he will make a statement on the matter. [24812/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy's question relates to service matters I have forwarded your question to the Health Service Executive for direct reply.

Medical Card Applications

Ceisteanna (202)

Tom Neville

Ceist:

202. Deputy Tom Neville asked the Minister for Health if he will address a matter (details supplied) regarding a medical card application; and if he will make a statement on the matter. [24824/17]

Amharc ar fhreagra

Freagraí scríofa

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information was issued to Oireachtas members.

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