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Wednesday, 28 Jun 2017

Written Answers Nos. 263-282

Child and Family Agency

Ceisteanna (263)

Anne Rabbitte

Ceist:

263. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the detail of the layers of management within Tusla in addition to its correspondence with her Department. [30361/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise that this is an operational matter for Tusla and my officials have requested that they reply directly to the Deputy.

Mother and Baby Homes Inquiries

Ceisteanna (264)

Catherine Connolly

Ceist:

264. Deputy Catherine Connolly asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 19 of 11 June 2017, the progress on the issues raised; her plans for the provision of specialist expertise; and if she will make a statement on the matter. [30362/17]

Amharc ar fhreagra

Freagraí scríofa

I have appointed a team of international technical experts to produce an advisory Technical Report for Government to help inform the decisions which need to be taken in relation to the burial site associated with the former home in Tuam.

The team is led by Consultant Forensic Archaeologist Niamh McCullagh. Ms McCullagh is an Irish based expert with extensive national and international experience, including work with the Independent Commission for the Location of Victims' Remains in Ireland. Significantly, Ms. McCullagh already has a detailed understanding of the site as she led the Commission team which located, identified and conducted the preliminary excavations of the burial chambers in Tuam.

Her team of experts will includes Hugh Tuller, a Forensic Anthropologist from the United States, and Dr. Tim Clayton, a Forensic Scientist from the United Kingdom who is world renowned in the field of DNA testing. The team has commenced its work and will also consult with additional Irish and international experts as it considers appropriate.

The Terms of Reference of the expert group's work are available on my Department's website at www.dcya.gov.ie .

I have asked the team to submit a Technical Report on the Tuam Site with detailed work on options for the future and what these would involve from a practical perspective, by the end of September. I have requested that the team provide its technical advice in layperson's language in order that we can all understand the options for the site and what each such option would entail.

This Report will help us have a informed consultation on the future of the site and help to answer the many important questions raised by the Deputy.

Early Childhood Care and Education Programmes

Ceisteanna (265)

Pat Deering

Ceist:

265. Deputy Pat Deering asked the Minister for Children and Youth Affairs further to the ECCE scheme and the discrepancy that arises for children born near the end of September (details supplied) who cannot avail of the full two years of free child care, the way in which this situation will be rectified in order that the scheme is equitable to all children and to allow their parents to avail of the full two years of child care. [30381/17]

Amharc ar fhreagra

Freagraí scríofa

Providing free pre-school for children from the age of 3 was a key recommendation of the Expert Advisory Group on the Early Years Strategy. Expansion of ECCE was also given significant consideration by the Inter-Departmental Group on Future Investment in Childcare which reported in July 2015. Senior officials from the Department of Education and Skills contributed to the discussions on an upper age limit for the scheme, taking a child centred approach.

The initial Early Childhood Care and Education (ECCE) programme had one entry point (September) from when children could begin pre-school, and children had to be aged between 3 years and 2 months and 4 years and 7 months by the September to avail of the free pre-school year (i.e. 38 weeks). The programme was then expanded beginning in September 2016 by reducing the age of eligibility to 3 years and by increasing the number of entry points to three throughout the programme year (September, January and April). This means that children can begin to avail of their free place on the pre-school programme as soon as possible after they reach the age of 3.

The upper age limit for the free pre-school programme is set at 5 years and 6 months, meaning that if a child is going to be older than 5 years and 6 months at the end of a pre-school year (i.e. end of June) they are not eligible to avail of free pre-school in that year. This upper age limit was set in consultation with the Early Years Policy Unit of the Department of Education and Skills to comply with legislation relating to the age range of children beginning primary school and to ensure that children transition into primary school with their peers. Therefore the maximum number of free pre-school weeks to which a child is entitled depends on their date of birth, and the age at which they start primary school. On average, children will benefit from 61 weeks, a significant increase on the previous provision of 38 weeks. It is estimated that access to the average 61 weeks of ECCE reduces the cost of childcare by €4,000 per child.

The eligibility for ECCE from age three using multiple entry points was also a recommendation in Right from the Start, the Report of the Expert Advisory Group on the Early Years Strategy, published in 2013. The objective of this recommendation was to ensure that all children could access free pre-school from as near as possible after their third birthday until they started primary school. This would ensure that children and families had access to care and education in these formative years.

My Department does its best to ensure, in so far as is possible, the equitable treatment of all children and families who apply for childcare funding under the ECCE Programme. In order to ensure objectivity and fairness it is essential that clear rules exist for the scheme and that they are applied in a fair manner. The rules for all the Department’s childcare schemes are clearly published to ensure transparency and consistent application. An essential component of the scheme’s rules is an eligibility date to ensure that the scheme can be administered and budgeted for in an appropriate manner.

Care Orders

Ceisteanna (266)

Donnchadh Ó Laoghaire

Ceist:

266. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of applications for full care orders that have been made in respect of children already in voluntary care orders in each of the past seven years. [30393/17]

Amharc ar fhreagra

Freagraí scríofa

I am unable to provide the Deputy with the information requested. I am advised that the information referred to is not collated on a national level by Tusla, the Child and Family Agency.

Children in Care

Ceisteanna (267, 268, 269, 270, 271, 272)

Donnchadh Ó Laoghaire

Ceist:

267. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of cases in which placements broke down after an application was made for a child to be made a ward of court until 18 years of age over the past five years in which that child was in the placement for six years previous to the application. [30445/17]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

268. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of cases in which placements broke down after an application was made for a child to be made a ward of court until 18 years of age over the past five years in which that child was in the placement for five years previous to the application. [30446/17]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

269. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of cases in which placements broke down after an application was made for a child to be made a ward of court until 18 years of age over the past five years in which that child was in the placement for four years previous to the application. [30447/17]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

270. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of cases in which placements broke down after an application was made for a child to be made a ward of court until 18 years of age over the past five years in which that child was in the placement for three years previous to the application. [30448/17]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

271. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of cases in which placements broke down after an application was made for a child to be made a ward of court until 18 years of age over the past five years in which that child was in the placement for two years previous to the application. [30449/17]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

272. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the number of cases in which placements broke down after an application was made for a child to be made a ward of court until 18 years of age over the past five years in which that child was in the placement for one year previous to the application. [30450/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 267 to 272, inclusive, together.

The Court Service of Ireland outlines on its website the reasons why it might be considered necessary to take a child into wardship. The most common situation is where a minor has been awarded substantial damages by a court and has special housing or care needs. If a house is being purchased from his funds, the house must be registered in his own name and it is necessary for him to be taken into wardship so that the legal formalities on his behalf in this regard can be complied with.

Neither my Department nor Tusla has a role with Wards of Court, who are the responsibility of the Courts Service. If a child or young person in the care of the State is a Ward of Court he or she receives services and supports based on the Statutory Care Plan developed following an assessment of needs, carried out on coming into care and reviewed in accordance with the Child Care Regulations 1995.

The Deputy may be referring to children who are the subject of a Care Order, sought by the Child and Family Agency under Section 18 of the Child Care Act, 1991. Tusla has this information in relation to each individual child to whom it applies but does not collate the figures at a national level.

The Deputy may be interested to know that Ireland has a high level of stability of placement for children in care and compares well with neighbouring countries. Latest figures available on placement stability show that in December 2015, 132 children in care were in their third placement or higher during the previous 12 months. This represents 2% of the overall number of children in care. In the same period, England reports 10% of their children are in their third or higher placement, indicating that placement in Ireland is substantially more stable than for children in care in England.

Family Resource Centres

Ceisteanna (273)

Michael Healy-Rae

Ceist:

273. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs the status of funding for a resource centre (details supplied); and if she will make a statement on the matter. [30505/17]

Amharc ar fhreagra

Freagraí scríofa

Tusla, the Child and Family Agency administers the Family Resource Centre (FRC) Programme. Under the Programme, Tusla provides financial support towards the running costs of Family Resource Centres nationwide. FRCs provide a range of universal and targeted services and development opportunities that address the needs of families.

The FRC referred to by the Deputy has been in receipt of funding under the Family Resource Centre Programme since 2007. Tusla has advised that 2017 funding for this Centre is €98,770, which covers the salaries of a full-time Co-ordinator, a part-time Administrator, and a part-time Development and Outreach Worker. In addition to this funding, the Centre is also in receipt of Tusla funding for the provision of relationship, bereavement and child counselling. The Counselling Grant received by this FRC for the current year comes to a total of €6,100.

The work of this Centre focuses on a range of services, supports and development opportunities aimed at young children, teenagers and parents. Supports and services include evidence-based parenting programmes, counselling, mental health awareness, education courses, youth groups, art and cookery courses, as well as a resource for local community groups to congregate.

It should be noted that speech therapy services for children come under the aegis of the Health Service Executive (HSE) and my Department has no role in this area.

Disability Allowance Appeals

Ceisteanna (274)

Michael Healy-Rae

Ceist:

274. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied) regarding a decision to refuse a disability allowance; and if she will make a statement on the matter. [30407/17]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 05 April 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.

Carer's Benefit Applications

Ceisteanna (275)

Charlie McConalogue

Ceist:

275. Deputy Charlie McConalogue asked the Minister for Social Protection when a decision will be made on a carer's benefit application by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [30245/17]

Amharc ar fhreagra

Freagraí scríofa

An application for carer's benefit (CARB) was received from the person concerned on 8 March 2017. The application is currently being examined by a deciding officer and once processed, the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Partial Capacity Benefit Scheme Applications

Ceisteanna (276)

Paul Kehoe

Ceist:

276. Deputy Paul Kehoe asked the Minister for Social Protection the status of the partial capacity benefit review for a person (details supplied); and if she will make a statement on the matter. [30246/17]

Amharc ar fhreagra

Freagraí scríofa

Partial Capacity Benefit (PCB) is a payment which allows a person, who may not have full capacity for work, return to employment and continue to receive a payment from my Department. A person who applies for PCB will, in the first instance, be assessed by a Medical Assessor who will assess the restriction on their capacity for work. A person assessed with a moderate level of work incapacity will receive 50% of their payment by way of PCB; a person assessed with a severe level will get 75% and a person assessed with a profound level will get their full payment.

The person concerned is in receipt of 50% of payment by way of PCB, the level of work incapacity having been assessed as moderate by a Medical Assessor. An appeal of the assessment was requested in January but, due to work pressures, it was not referred to another Medical Assessor until May. The opinion of the latter is that the level of work incapacity is also moderate. The case will, therefore, be referred to the independent Social Welfare Appeals Office for determination.

Every effort is being made to expedite the claim and my Department regrets the delay in processing the matter.

Departmental Agencies Data

Ceisteanna (277)

Jack Chambers

Ceist:

277. Deputy Jack Chambers asked the Minister for Social Protection if all agencies under her aegis have an up to date tax clearance certificate; the agencies which do not have an up to date tax clearance certificate; the reason they do not have a tax clearance certificate in each case, in tabular form; and if she will make a statement on the matter. [30292/17]

Amharc ar fhreagra

Freagraí scríofa

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Pensions Council, the Pensions Ombudsman and the Social Welfare Tribunal.

I can confirm that the Citizens Information Board and the Pensions Authority have up-to-date tax clearance certificates.

As the financial and budgetary matters in relation to the operation of the Pensions Council, the Pensions Ombudsman and the Social Welfare Tribunal are administered directly by my Department, the requirement for these bodies to hold separate tax clearance certificates does not arise.

Social Welfare Overpayments

Ceisteanna (278)

Éamon Ó Cuív

Ceist:

278. Deputy Éamon Ó Cuív asked the Minister for Social Protection if she will revise a deduction being made on a social welfare payment for a person (details supplied) who has an overpayment owing to her department; and if she will make a statement on the matter. [30302/17]

Amharc ar fhreagra

Freagraí scríofa

I confirm my department has been in contact with proposals for the recovery of the debt owed to the department. The person concerned should respond to the proposal letter issued to him on 22 June 2017 and supply an income and expenditure statement. On receipt of this information, the deciding officer may revise the deduction.

The person in question is currently in receipt of full rate disability allowance and half rate carers allowance.

I trust this clarifies the matter for the Deputy.

Domiciliary Care Allowance Review

Ceisteanna (279)

John Curran

Ceist:

279. Deputy John Curran asked the Minister for Social Protection her plans to review the operation of the domiciliary care allowance scheme (details supplied); and if she will make a statement on the matter. [30324/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the domiciliary care allowance (DCA) scheme transferred to the Department of Social Protection in 2009, at which point some 24,000 children were in receipt of the allowance. This figure has risen every year since and now stands at just under 36,000, with 60% of parents also getting carers allowance in respect of their child. All parents in receipt of DCA also receive the annual carers support grant in June each year. Recently, eligibility to the medical card was extended to all children in receipt of the allowance.

A review of the operation of the DCA scheme was undertaken in 2012, and lead to the introduction of a revised application process with a revised application form which has increased the percentage of applications that are awarded initially to over 75%, significantly more than before the application processes were revised in 2013. Eligibility can be more easily established if the application form is fully completed and any supporting documentation is provided with the initial application. The numbers of applications referred to the Social Welfare Appeals Office has reduced in recent years and while the percentage allowed on appeal is significant, this is due in many cases to new information being presented at appeal which was not previously available.

Processing times for DCA are currently not meeting the target of having 70% of applications processed within 15 weeks. Currently it is taking up to 18 weeks on average to finalise an application. This is due to a number of factors.

First, there has been a significant increase in the volume of applications. The numbers applying for DCA have doubled since 2010, when the Department took over administration of the scheme from the HSE. The increase in volume over recent years has been consistently in the 15-20% range per annum.

Secondly, following a high court ruling in 2016, there is now a need for the Department’s medical assessors to provide the deciding officer with a more detailed opinion on the child’s eligibility for the scheme and for the deciding officer in turn to provide more detailed reasons for their decision when communicating this to the customer. These factors have resulted in the time taken to finalise applications increasing significantly and as a result the numbers being processed have reduced and the timescale to finalise each application has increased.

In response to the current situation, additional deciding officers are being assigned to the scheme and will take up their positions shortly. Once these extra resources are in situ and operational, the extra processing capacity should allow for an improvement in processing times.

This matter is being kept under ongoing review.

I trust this clarifies matters for the Deputy.

Citizen Information Services

Ceisteanna (280)

John Curran

Ceist:

280. Deputy John Curran asked the Minister for Social Protection further to the report of the Oireachtas Joint Committee on Social Protection on the proposed restructuring of MABS and CIS, her plans to issue a policy directive to CIB under section 9 of the Citizen's Information Act 2007 to abandon the flawed restructuring process; and if she will make a statement on the matter. [30328/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Citizens Information Board (CIB) has statutory responsibility for the Money Advice and Budgeting Service (MABS) and the Citizens Information Services (CIS). As a statutory body, the Board has the sole right to make decisions on its day to day operations as it sees fit. In November 2014 the Board of the Citizens Information Board decided to restructure the CIB/MABS networks. In October 2016 the Board decided that the new structure should be regionally based. In February 2017 the Board adopted a recommendation that the current structure of 93 companies would be replaced by 16 companies, comprising eight (8) CIS boards and eight (8) MABS boards. The restructuring process is currently in the implementation phase and is expected to be completed in 2019. This restructuring, when implemented, is designed to improve the effectiveness of the control environment, financial management, and governance of the services.

It would not be lawful or appropriate for me, as Minister, to seek to intervene in such a decision, taken by the Board.

Furthermore, as the Deputy will know, my predecessor sought advice from the Office of the Attorney General on this matter and that Office has confirmed that Section 9 of the Citizens Information Act, 2007 does not give me such power.

I hope this clarifies the matter for the Deputy.

One-Parent Family Payment Eligibility

Ceisteanna (281)

John Brady

Ceist:

281. Deputy John Brady asked the Minister for Social Protection the reason seeking maintenance from the other parent is a condition for lone parents to continue to be eligible for the one parent family payment; and if she will make a statement on the matter. [30350/17]

Amharc ar fhreagra

Freagraí scríofa

It is a condition of the One-Parent Family Payment (OFP) that lone parents must make efforts to seek maintenance from the other parent. This requirement is laid down in Articles 125 and 126 of S.I. No. 142/2007 of Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, as amended.

The ‘efforts to seek maintenance’ condition is regarded as being satisfied once appropriate efforts are made to seek maintenance even if this does not result in a maintenance arrangement. The condition is regarded as being satisfied once appropriate efforts are made including but not limited to evidence of a private maintenance arrangement, a court summons or evidence of court proceedings or evidence of a mediation process.

It is important to note that since 2001, OFP claimants are allowed to retain 50 per cent of any maintenance received without a reduction in their social welfare entitlements as an incentive to seek support. Vouched housing costs of up to €95.23 per week (rent or mortgage) may be offset against maintenance payments with half the balance of maintenance being assessed as means in establishing the rate of OFP due.

The Department was in the process of reviewing maintenance policy for lone parents however the Independent Review of the changes to the OFP scheme, currently underway, has taken priority.

One-Parent Family Payment Eligibility

Ceisteanna (282)

John Brady

Ceist:

282. Deputy John Brady asked the Minister for Social Protection the way in which her Department checks if a lone parent has actively sought maintenance from the other parent in order to remain eligible for their one parent family payment; and if she will make a statement on the matter. [30351/17]

Amharc ar fhreagra

Freagraí scríofa

A lone parent is required to make efforts to seek maintenance in respect of their child/ren from the other parent in order to be eligible and to remain eligible for the One Parent Family Payment (OFP).

Both the OFP application and the ongoing review processes for this scheme require customers to provide details of efforts to secure maintenance. Some claims may be referred to a Social Welfare Inspector (SWI) prior to a decision by a Deciding Officer, in order to establish if the conditions of entitlement to OFP, including maintenance, are satisfied. In some cases, the spouse/civil partner or other parent of the child/ren may also be visited by a SWI in order to review the maintenance arrangements.

If there is any change in the circumstances of an OFP recipient that may affect their payment, including maintenance, he/she is obliged to notify my Department immediately. If an OFP recipient does not make such efforts as are reasonably required by my Department to seek maintenance, s/he must explain why s/he is not doing so. Where an OFP recipient does not co-operate in making efforts to seek maintenance, when it would be feasible and reasonable to do so, s/he may be disqualified from receiving the OFP.

I hope this clarifies the matter for the Deputy.

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