Written Answers Nos 2061-2079
2061. Deputy Bernard J. Durkan asked the Minister for Social Protection if her Department has received further information requested in the case of a person (details supplied) in respect of their alleged overpayment; if arrangements have been put in place to alleviate the impact having regard to their circumstances; and if she will make a statement on the matter. [28369/17]
Amharc ar fhreagraThe person is currently repaying €30.60 per week in respect of her overpayment. Under social welfare legislation, a weekly deduction of up to 15% of the personal rate of a social welfare payment can be deducted in order to recover the debt due to my Department.
In determining a recovery plan, consideration is given to the size of the debt, the cause of the debt, previous efforts to repay the debt and the level of income and expenditure of the household.
My Department wrote to the person concerned on 11 May 2017 requesting that she provide specific documentation within 21 days in order to allow us give further consideration to the impact of the debt repayment schedule currently in place in respect of her overpayment.
Deductions were suspended pending receipt of this information. The person concerned failed to submit required documentation within the specified time frame. It is still open to the person concerned to submit information as per letter dated 11 May 2017 and my Department will take all information into consideration. In the meantime, her repayment of €30.60 will be reinstated immediately.
I hope this clarifies the matter for the Deputy.
2062. Deputy Bernard J. Durkan asked the Minister for Social Protection when a carer's allowance appeal will be determined in the case of a person (details supplied); and if she will make a statement on the matter. [28370/17]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that the grounds of appeal of the person concerned were received in that office on 23rd May 2017. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
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.
2063. Deputy Bernard J. Durkan asked the Minister for Social Protection when a one-parent family allowance including arrears will be restored in the case of a person (details supplied); if immediate steps can be taken to rectify the issue; and if she will make a statement on the matter. [28377/17]
Amharc ar fhreagraThe person concerned is in receipt of a One Parent Family payment, this payment was reinstated on the 11th of May 2017 with any arrears due having been paid.
I trust this clarifies the matter for the Deputy
2064. Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment will be reconsidered in the case of a person (details supplied); and if she will make a statement on the matter. [28384/17]
Amharc ar fhreagraThe first person concerned submitted an application for an exceptional needs payment on 29/5/17 in respect of costs associated with moving in to a new social housing dwelling. The application was refused under section 190(1) of the Social Welfare Consolidation Act 2005 which disqualifies persons who are in full-time employment. The partner of the person concerned is currently engaged in full-time employment.
The person concerned was advised of her right to apply for a formal review of the decision.
A request for a review of her case has not been received to-date.
I hope this clarifies the matter for the Deputy.
2065. Deputy Charlie McConalogue asked the Minister for Social Protection the reason deductions cannot be made from a person's weekly income when a maintenance order is in place and is not being complied with and the person is in receipt of a social welfare income; and if she will make a statement on the matter. [28388/17]
Amharc ar fhreagraThere is a legal responsibility on parents, whether married or unmarried, to maintain dependent children and on spouses/civil partners to maintain each other in accordance with their means. The issue of maintenance payments is first and foremost a private matter for the persons concerned, and if they cannot resolve the matter, for the Courts through Family Law provisions. Matters relating to family law and the making of maintenance orders are proper to the Minister for Justice and Equality. The Courts have responsibility for the determination of disputes and enforcements of maintenance orders granted.
The liability to maintain the family under social welfare legislation is separate to, and does not negate or supersede, a parent’s obligation under Family Law. Where a lone parent is in receipt of One-Parent Family Payment (OFP), my Department will assess if a Determination Order should issue to the other parent to contribute, either to my Department or to the other parent, to offset the cost of the OFP.
The Family Law (Maintenance of Spouses and Children) Act 1976, as amended, provides for the attachment of earnings in family law cases. Deductions cannot be made from a person’s weekly social welfare income where a maintenance order has been made as such income is not considered as earnings under the 1976 Act
I hope this clarifies the matter for the Deputy.
2066. Deputy Niall Collins asked the Minister for Social Protection the cost of extending social protection supports to the self-employed and permitting such persons to opt into the existing class A structure for jobseeker’s benefit paying the rate corresponding to their income level based on the last published actuarial review of the social insurance fund. [28400/17]
Amharc ar fhreagraThe Programme for a Partnership Government contains a commitment “to introduce a PRSI scheme for the self-employed and provide a supportive tax regime for entrepreneurs and the self-employed ”. Significant progress was made on this commitment in Budget 2017. Self-employed contributors now have access to treatment benefits since last March and, from December next will have access to invalidity pension. This is a real and progressive advance in the provision of social protection to the self-employed.
My Department is currently examining the extension of social insurance to cover new risks and contingencies, including developing proposals on a form of jobseeker’s benefit where a person's business fails or they can no longer continue working in their profession or trade. This examination will include how such additional benefits should be financed.
A major input to this examination will be the outcome of the Actuarial Review of Social Insurance Fund which is currently being undertaken by independent consultants. The Review generally will project the income and expenditure of the Fund over a 55 year period, taking into account policy, economic and demographic changes since the previous review was undertaken. The Review is also examining the potential costs in future years of extending cover for a range of benefits, including jobseeker’s benefit to self-employed contributors. This examination will include the projected PRSI contribution rates which would be required to extend such cover on a revenue neutral basis, including the already announced extension of cover for invalidity pension. It is planned to publish the completed review next August.
The findings of the Review will play an important role in informing the overall debate on policy developments in relation to the Social Insurance Fund in the years ahead including the financial sustainability of the Fund given the expected demographic challenges and consideration of extending the scope of benefits for workers generally, including the self-employed.
The issue of allowing people to opt into social insurance cover was examined by the Advisory Group on Tax and Social Welfare in its 2013 report on the extension of social insurance coverage for the self-employed. The Group concluded that extending cover on a voluntary basis, through either an ‘opt in’ or ‘opt out’ basis, could lead to the selection of bad risks and would undermine the social solidarity and contributory principles that underline the social insurance system. The views of the Group will be further considered as part of the current examination underway by my Department.
Finally, it should be noted that one of the underlying principles of the social insurance system is that workers generally make contributions on a compulsory basis and that benefits and pensions are available, on foot of these contributions, if and when they are needed by individuals. Accordingly, the total level of benefits received by each individual over a lifetime will vary depending on the type and duration of contingencies experienced such as illness, disability, unemployment and old age. Allowing contributors to opt in and opt out of cover would mean that higher contributions would be required from those who opt in on a voluntary basis than applies under the current system.
2067. Deputy Michael Ring asked the Minister for Social Protection the reason a person (details supplied) has not yet received a decision regarding their application for a State pension (contributory); and when a decision will be made. [28405/17]
Amharc ar fhreagraThe person concerned applied for their state pension (contributory) on 26th January 2017. To ensure that the Deciding Officer can be satisfied that the record upon which a person’s entitlement is based is accurate and refers to the correct individual, it is sometimes necessary to investigate certain aspects of the relevant social insurance history. This can result in a delay in processing the claim and making a decision.
The person concerned has been awarded a state pension (contributory) with effect from 16 April 2017, their 66th birthday. A letter informing the person of this decision was issued on 12 June 2017. Due arrears of pension have also issued by cheque to the person concerned.
I hope this clarifies the matter for the Minister.
2068. Deputy Charlie McConalogue asked the Minister for Social Protection the approximate cost of changing farm assist means-testing rules in order that irrespective of the source of farm income the first €3,000 will be disregarded and the balance will be means tested at 50%. [28452/17]
Amharc ar fhreagraBudget 2017 fully reversed the previous cuts to the Farm Assist means tests which were introduced in Budgets 2012 and 2013. The changes mean that now 70% of farm income is assessed as means, down from 100% being assessed as means (which is equivalent to a 30% income disregard). An additional annual means disregard of €254 for each of the first two children and €381 for the third and subsequent children was also introduced.
It is estimated that the cost of changing the farm assist means testing rules in order that irrespective of the source of income the first €3,000 would be disregarded and the balance would be means tested at 50% is approximately €15 million for a full year. This estimate is based on the existing number of recipients.
However, it is envisaged that there would be an inflow of new farm assist claims if these measures were introduced. The Department cannot quantify the numbers involved and as such cannot calculate the associated additional costs. Therefore, the estimated cost of €15 million should be regarded as a minimum estimate.
Any changes to means assessment would have to be considered in a budgetary context.
2069. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which an exceptional needs payment for a person (details supplied) has been refused due to undertaking prescribed rehabilitation training by a general practitioner; if the case will be examined; and if she will make a statement on the matter. [28476/17]
Amharc ar fhreagraAn application for an emergency needs payment in respect of the person concerned was refused under section 190(1) of the Social Welfare Consolidation Act 2005 which disqualifies persons who are in full-time education. Supplementary Welfare rules also require claimants who are fit for work, to be available for and genuinely seeking work.
If the person concerned is experiencing undue financial hardship, it is open to her to call to the Community Welfare Service in Naas to further discuss her circumstances with a designated officer.
I hope this clarifies the matter for the Deputy.
2070. Deputy Jackie Cahill asked the Minister for Social Protection if she will address a matter (details supplied); and if she will make a statement on the matter. [28480/17]
Amharc ar fhreagraThe State pension (contributory) is one of the State pension schemes, and its rate of payment is related to PRSI contributions made over years into the Social Insurance Fund. As such, those who have paid more into the fund are most likely to be paid under that scheme. There are a number of criteria which must be satisfied to qualify for a State pension contributory. These include that the person be aged 66 or over, and that they have at least 520 paid contributions, i.e., a minimum of 10 years.
Social insurance contributions (Class S PRSI) were introduced for self-employed people on 6th April 1988. These contributions provide cover for self-employed people for long-term benefits such as State pension (contributory) and widows/widowers pension (contributory).
There was also a State pension (contributory) half-rate pension introduced for certain self-employed people which is still paid to some older pensioners, although it does not apply to new pensioners. The legislation providing for this pension came into effect from the 9th of April 1999, to provide a half-rate pension for groups who would not otherwise qualify for a contributory social welfare pension, and who did not satisfy the means test for the State pension (non-contributory). The measure was designed to benefit self-employed people who were already over 56 years of age when compulsory self-employed social insurance was introduced in 1988, who had not paid other contributions (such as voluntary contributions, or other contributions while in employment), and who could not therefore satisfy the condition of having entered social insurance 10 years before pension age. The pension requires a minimum of only 5 years contributions, and is payable at 50% of the standard rate. The pension was seen as a reasonable response to the position of the self-employed who were in their late 50s when Class S contributions were introduced, and relative to other pensions funded by the Social Insurance Fund, it represents very good value for the contributions made .
It is worth noting that the most recently published Actuarial Review of the Social Insurance Fund found that the self-employed achieve very good value for money from the fund.
Where a person is unable to meet the qualifying conditions for a full rate State pension (contributory), they may alternatively apply for State pension (non-contributory) which is subject to a means-test, and which is paid at up to 95% of the maximum contributory pension rate. That rate of payment does not include rent allowance, household benefits or fuel allowance, which would be additional payments where applicable.
It is the case, therefore, that a person in receipt of the half-rate self employed pension, in addition to having paid relatively little into the Social Insurance Fund (which funds contributory pensions), have significant additional means (such as a private pension), as otherwise they would be expected to receive the State pension (non-contributory) instead.
I hope this clarifies the matter for the Deputy.
2071. Deputy Tom Neville asked the Minister for Social Protection if she will address a matter regarding an application for qualified child allowance by persons (details supplied); and if she will make a statement on the matter. [28484/17]
Amharc ar fhreagraI can confirm that the person concerned has been in receipt of Carer’s Allowance (CA) with an increase of child dependant allowance for two children for several years.
The person concerned was awarded an increase for an additional child from 2 February 2017. Arrears of allowance from 2 February 2017 to 3 May 2017 were issued to the nominated bank account on 11 May 2017. The person concerned was notified of these details on 3 May 2017.
I hope this clarifies the matter for the Deputy
2072. Deputy Pearse Doherty asked the Minister for Social Protection the status of a carer’s allowance application by a person (details supplied) in County Donegal; when it is expected a decision will be made; and if she will make a statement on the matter. [28487/17]
Amharc ar fhreagraI confirm that my Department received an application for carer’s allowance (CA) from the person concerned on 21 December 2016.
The application was referred to a local social welfare inspector (SWI) on 30 March 2017 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied. The SWI’s report was received in the CA section on Monday 19 June and is currently being examined. I expect a decision will be made in the coming days and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
2073. Deputy Brendan Griffin asked the Minister for Social Protection when a decision will issue regarding a review of the rate of disability allowance being paid to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [28499/17]
Amharc ar fhreagraFollowing a review, the rate of disability allowance awarded to this gentleman remains unchanged. Notification of this decision issued on 19 June 2017. He was advised of his rights to seek a review or appeal this decision.
I trust this clarifies the matter for the Deputy.
2074. Deputy David Cullinane asked the Minister for Social Protection the reason pre-1992 persons formerly employed at a company (details supplied) are not entitled to compensation regarding pension entitlements; the terms of settlements that were previously reached regarding these persons; and if she will make a statement on the matter. [28500/17]
Amharc ar fhreagraFormer workers who left the service of Waterford Crystal in the early 1990s received their full pension entitlements in relation to pre-1991 service under the schemes at that point. In line with the rules of the company’s pension schemes at the time and the Pensions Act, 1990, such persons had the option to choose whether to take a deferred pension in respect of full service with the company or a refund of pre 1 January 1991 contributions and a deferred pension in respect of post 1 January 1991 service.
The payments made at that time were in full and final settlement of their entitlements under the schemes and were paid in accordance with pension regulations then in force. The Department does not have information on the settlements reached in relation to pre-1991 service as these were matters between the pension scheme and its members at the time.
Subsequently, some of these individuals took a case against Waterford Crystal Limited and Irish Pensions Trust Limited and my information is that this case was settled in December 2009 on terms that were satisfactory to both parties. The Department does not have any information on settlements reached under this case.
Former workers who took a refund of contributions in respect of their pre-1991 service did not have any entitlement to a benefit under the Waterford Crystal Pension Factory and Staff Schemes at the date of their wind-up in relation to their pre-1991 service. Accordingly there are no settlements or payments due under the mediated settlement in respect of such pre-1991 service.
I hope this clarifies the matter for the Deputy.
2075. Deputy John Brady asked the Minister for Social Protection the full-year estimated cost of increasing fuel allowance by €6.50. [28511/17]
Amharc ar fhreagra2102. Deputy Willie O'Dea asked the Minister for Social Protection the estimated full-year cost of increasing the living alone allowance to €15; and if she will make a statement on the matter. [28867/17]
Amharc ar fhreagra2112. Deputy Thomas P. Broughan asked the Minister for Social Protection the estimated cost of increasing fuel allowance by €6.50 back to 2010 levels; and if she will make a statement on the matter. [28989/17]
Amharc ar fhreagra2129. Deputy Thomas P. Broughan asked the Minister for Social Protection the estimated cost of increasing State pension payments by €10; and if she will make a statement on the matter. [28981/17]
Amharc ar fhreagra2130. Deputy Thomas P. Broughan asked the Minister for Social Protection the estimated cost of increasing disability allowance by €10; and if she will make a statement on the matter. [28982/17]
Amharc ar fhreagraI propose to take Questions Nos. 2075, 2102, 2112, 2129 and 2130 together.
The full year cost of increasing the fuel allowance by €6.50 per week, from €22.50 to €29 per week, for the duration of the fuel season is estimated to be €66 million in 2018.
The full year cost of increasing the living alone allowance by €6, from €9 to €15.00 per week, is estimated to be €62.5 million in 2018.
The full year cost of increasing all payments, other than the living alone allowance, made to individuals aged 66 or more is detailed in the table below:
|
Scheme |
Full year cost of a €10 increase €m |
|
State Pension Contributory |
203.9 |
|
Widow/er's or Surviving Civil Partner's (Con) Pension – aged 66 and over |
42.2 |
|
Deserted Wife's Benefit – aged 66 and over |
1.1 |
|
Death Benefit Pension – aged 66 and over |
0.2 |
|
State Pension Non Contributory |
50.1 |
|
Carer's Allowance – aged 66 and over |
1.2 |
|
Half Rate Carer's Allowance – aged 66 and over |
3.0 |
|
OVERALL TOTAL |
301.7 |
The full year cost of increasing disability allowance by €10 per week is estimated to be €74.8 million in 2018.
There is an analogous social insurance payment, Invalidity Pension (€198.50 per week), which is paid to people who are permanently incapable of work (subject to satisfying the relevant medical criteria and a minimum number of paid qualifying PRSI contributions). Each €1 increase in the weekly rate of Invalidity Pension would cost €3.2 million in a full year.
In addition, Blind pension is available for those aged 18 to 66 who are blind or visually impaired. The cost of a €1 weekly rate increase in the Blind Pension is €0.07 million in 2017 and a full year.
It should be noted that (i) in the event of the Disability Allowance weekly rate exceeding the Invalidity Pension rate, some Invalidity pensioners (number not determinable) would transfer to the means-tested Disability Allowance scheme to avail of the higher rate on that scheme; (ii) additional costs might arise as some people in receipt of other welfare schemes might potentially apply for and qualify for Disability Allowance thereby also benefitting from a higher rate of payment than that which applies to their current scheme or (iii) offsetting savings on the Rent Supplement scheme as the additional weekly increase would reduce the level of entitlement under that scheme.
The costings listed above include proportionate increases for qualified adults and for those on reduced rates of payment, where relevant. It should also be noted that these costings are subject to change over the coming months in the context of emerging trends and associated revision of the estimated numbers of recipients for 2018.
2076. Deputy John Brady asked the Minister for Social Protection the full year estimated cost of extending child benefit to all children up until the end of second level education regardless of whether or not they reach 18 years of age. [28512/17]
Amharc ar fhreagra2101. Deputy John Curran asked the Minister for Social Protection the additional annual cost to extend child benefit to all children of 18 years of age and under 19 years of age that are in full time education; and if she will make a statement on the matter. [28825/17]
Amharc ar fhreagra2117. Deputy Willie Penrose asked the Minister for Social Protection if she will consider making child benefit payable to persons with children over 18 years of age that are enrolled in secondary school reflecting the higher educational costs for persons with adolescents; and if she will make a statement on the matter. [29107/17]
Amharc ar fhreagraI propose to take Questions Nos. 2076, 2101 and 2117 together.
Child Benefit is a monthly payment made to families with children in respect of all qualified children up to the age of 16 years. The payment continues to be paid in respect of children up to their 18th birthday who are in full-time education, or who have a disability. Child Benefit is currently paid to around 626,525 families in respect of over 1.2 million children, with an estimated expenditure of over €2 billion in 2017.
Budget 2009 reduced the age for eligibility for Child Benefit from 19 years to less than 18 years. A value for money review of child income supports, published by the Department of Social Protection in 2010, found that the participation pattern of children in education supports the current age limit for Child Benefit.
The current estimated annual cost of extending the upper age limit for payment for those persons who are 18 years and under 19 years of age and in secondary school, based on figures from the Department of Education and Skills, is over €62 million.
However, it is not possible to give the full year estimated cost of extending child benefit to all those in secondary school who are over 18 years of age as these figures are not available.
Families on low incomes can already avail of a number of provisions to social welfare schemes that support children in full-time education until the age of 22, including:
- qualified child increases (IQCs) with primary social welfare payments;
- family income supplement (FIS) for low-paid employees with children;
- the back to school clothing and footwear allowance for low income families (paid at the full-time second level education rate).
I am satisfied that these schemes provide targeted assistance that is directly linked with household income and thereby support low-income families with older children participating in full-time education.
Given the universal nature of Child Benefit making it payable to persons with children who are 18 years of age and in secondary school would not be a targeted approach. The adoption of such a proposal would also have significant cost implications and would have to be considered in an overall budgetary context.
2078. Deputy John Brady asked the Minister for Social Protection the full-year estimated cost of increasing the earning disregard for the one-parent family payment and jobseeker's transition payment to €146.50. [28514/17]
Amharc ar fhreagra2084. Deputy Willie O'Dea asked the Minister for Social Protection the estimated full-year cost of increasing the earnings disregard for the one-parent family payment and the jobseeker's transition payment to €146.50, in tabular form; and if she will make a statement on the matter. [28550/17]
Amharc ar fhreagra2113. Deputy Thomas P. Broughan asked the Minister for Social Protection the estimated cost of increasing the income disregard for the one-parent family payment and jobseeker's transition payment to €146.50; and if she will make a statement on the matter. [28991/17]
Amharc ar fhreagra2120. Deputy Willie Penrose asked the Minister for Social Protection if she will increase the earning disregard for the one-parent family jobseeker's transition payment to €146.50 to allow lone parents to take up and increase working hours; and if she will make a statement on the matter. [29113/17]
Amharc ar fhreagraI propose to take Questions Nos. 2078, 2084, 2113 and 2120 together.
The cost of increasing the One Parent Family Payment and the Jobseeker’s Transitional Payment earnings disregard from €110 per week to €146.50 per week is set out in tabular form below:
|
Scheme |
Increase income disregard to: |
Approximate cost to the Exchequer in a full year |
|
One Parent Family Payment |
€146.50 a week |
€11.1 million |
|
Jobseeker’s Transitional Payment |
€146.50 a week |
€4.2 million |
|
Total |
€15.3 million |
The above costings are based on the number of recipients who were working and earning in excess of €110 per week on both the One-Parent Family Payment and the Jobseeker’s Transitional Payment as of March 2017.
The costings do not take into account potential behavioural changes, or the inflow of new entrants, which may arise from the introduction of higher income disregards. There would be additional costs on foot of these two factors, which are not possible to cost and have not been factored into the above costing of €15.3 million.
2079. Deputy John Brady asked the Minister for Social Protection the full-year estimated cost of introducing a higher rate of the qualified child increase for all social welfare payments to families with dependent children over the age of 12 and to increase this by €5. [28515/17]
Amharc ar fhreagra2123. Deputy Willie Penrose asked the Minister for Social Protection the cost of introducing a higher rate of the qualified child increase for all social welfare payments to families with dependent children over 12 years of age and in particular, the cost of increasing same by €5 from €29.80 to €34.80; and if she will make a statement on the matter. [29117/17]
Amharc ar fhreagraI propose to take Questions Nos. 2079 and 2123 together.
Increases for a Qualified Child (IQCs) are paid as child-related supplements to most weekly social welfare payments in recognition of the need for greater incomes among benefit-dependent households with dependent children. The current full rate of payment is €29.80 per week per dependent child. The estimated expenditure on qualified child increase in 2017 is around €591million. The Department currently pays IQCs in respect of 443,635 children.
(319,153 at the full rate and 124, 482 at the half rate)
IQC payments do not of themselves constitute a specific social welfare scheme and entitlement to the appropriate primary adult payment must be established in the first instance.
Where children continue in full-time education, payment of the IQC can continue up to 22 years of age or up to the end of the academic year in which the child reaches 22 in the case of long-term payments as well as short-term payments that have been in payment for at least 156 days.
Given the complexity involved and in the time available it is currently not feasible to accurately predict the full year cost of introducing a higher rate of the qualified child increase for all social welfare payments to families with dependent children over the age of 12. My Department will examine the available data and will get back to the Deputy in due course.
