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Tuesday, 7 Nov 2017

Written Answers Nos. 1266-1292

Departmental Advertising Expenditure

Ceisteanna (1266)

Willie O'Dea

Ceist:

1266. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the cost of all advertisements taken out in print media, online, television and radio highlighting the new PRSI benefits that came into effect on 28 October 2017; and if she will make a statement on the matter. [46876/17]

Amharc ar fhreagra

Freagraí scríofa

The current Treatment Benefit advertising campaign is designed to raise both awareness and uptake of the PRSI benefits that came into effect on 28 October 2017. The total cost of advertising for the campaign is €82,709 (excluding VAT).

This campaign spans a number of weeks and includes national print media advertising, national and regional radio advertising, digital advertising, LUAS advertising and social media advertising. Advertising is targeted to reach both employees and importantly the self-employed who can now avail of these additional treatment benefits. Television advertising did not form part of this public information campaign.

All advertising expenditure undertaken by the Department is tendered for in accordance with Government and EU procurement guidelines using a mini-competition under the Media Strategy, Planning & Buying (Implementation) Services framework agreement at the Office of Government Procurement (OGP).

Question No. 1267 withdrawn.

State Pension (Contributory) Eligibility

Ceisteanna (1268)

Jim O'Callaghan

Ceist:

1268. Deputy Jim O'Callaghan asked the Minister for Employment Affairs and Social Protection the way in which entitlement to a contributory pension is calculated when a person has a combined Irish and EU record; the basis whereby a person may qualify for a reduced rate pro rata EU state pension; the reason this may be paid at a lower rate than the full rate of the State contributory pension; and if she will make a statement on the matter. [46923/17]

Amharc ar fhreagra

Freagraí scríofa

An EU pro-rata state pension (contributory) may be payable to persons who have worked in Ireland and one or more EU countries who may not qualify for a pension on their Irish contributions alone, or who may qualify for a higher rate of pension based on a combination of Irish and EU contributions.

EU regulations lay down the general principles on the co-ordination of social security rights of persons moving and working within the EU. They are designed to ensure that these persons’ social security entitlements are protected as if they had remained in the one EU/EEA country during their working lives and also to ensure that they cannot make unfair gains in terms of social security entitlements.

Under EU regulations, a person’s social insurance record in one or more EU country can be combined with their Irish insurance record to give entitlement to a proportional or pro-rata pension. In calculating this pension, a person’s full-rate Irish contributions and EU full-rate contributions are taken into account.

First, the person’s theoretical pension entitlement is calculated by treating all the contributions as if all they were all Irish contributions and dividing that total number by the number of years of their social insurance employment history.

For example, if a person had a total of 2,542 contributions, both Irish and EU contributions, over a 50-year period, this would be 2,542 divided by 50 years, which would give a yearly average of 51 contributions. This would give a theoretical pension entitlement of €238.30.

The EU pro rata pension is then calculated from the theoretical pension by multiplying the theoretical rate (from step 1) by the number of Irish contributions and dividing it by the total number of all contributions. This figure is then rounded up to the nearest 10c.

Based on the above example, if the person had 446 Irish contributions within their total contributions of 2,542 this would give them an EU pro rata pension entitlement from Ireland of €41.81, rounded up to €41.90 per week. The higher the number of Irish contributions held, the higher the rate of entitlement of EU pro rata pension from Ireland.

I hope this clarifies the matter for the Deputy.

Zero-hour Contracts

Ceisteanna (1269)

Willie Penrose

Ceist:

1269. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the actions taken and progress made on each of the 14 recommendations in the University of Limerick study on the prevalence of zero-hour contracts; her plans to bring legislation on casual work to Cabinet; and if she will make a statement on the matter. [46944/17]

Amharc ar fhreagra

Freagraí scríofa

I would point out that the Deputy is referring to a report which was commissioned by the previous Government.

In May of this year the Government approved the drafting of legislation in response to the commitment in the current Programme for Government to address problems caused by the increased casualisation of work and to strengthen the regulation of precarious work.

The proposed legislation will address a number of issues which have been identified as being areas where current employment rights legislation can be strengthened without imposing unnecessarily onerous burdens on employers and businesses. The draft Bill has a particular focus on low-paid, more vulnerable workers.

The draft legislation takes account of the University of Limerick (UL) study on zero hour contracts and the extensive material and practical examples provided by respondents to the public consultation on the UL study, conducted by the former Department of Jobs, Enterprise and Innovation. Furthermore, the draft legislation has also been subject to a detailed dialogue process with ICTU and Ibec over a period of several months.

The drafting of the Bill is at an advanced stage and it is my intention to publish the Bill before the end of the year, subject to Government approval.

Community Employment Schemes Supervisors

Ceisteanna (1270)

James Lawless

Ceist:

1270. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the position regarding the provision of a pension for supervisors and assistant supervisors working for community employment schemes; and if she will make a statement on the matter. [46966/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, Community Employment (CE) scheme supervisors and assistant supervisors are employees of private companies in the community and voluntary sector. The State is not responsible for funding pension arrangements for such employees even where the companies in question are reliant on State funding. It is open to individuals to make provision for a pension by way of PRSA which all employers are obliged to facilitate.

Nevertheless, it should be noted that the issue of CE supervisors’ pension provision is currently being examined by a Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform. My Department is represented on this group, as are IMPACT, SIPTU, Pobal and other relevant Government Departments. I understand their work is ongoing and that the Forum is due to meet again later in November 2017.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Applications

Ceisteanna (1271)

Bernard Durkan

Ceist:

1271. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for carer's allowance in the case of a person (details supplied); when a decision will be reached; and if she will make a statement on the matter. [46984/17]

Amharc ar fhreagra

Freagraí scríofa

I confirm that my department received an application for carer’s allowance from the person concerned on 12 June 2017. It is a condition for receipt of a carer’s allowance that the person being cared for must have such disability that they require full-time care and attention.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require this level of care for at least twelve months.

The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 26 October 2017 of this decision, the reasons for it and of her right of review and appeal.

I hope this clarifies the matter for the Deputy

Pension Provisions

Ceisteanna (1272)

John Curran

Ceist:

1272. Deputy John Curran asked the Minister for Employment Affairs and Social Protection when she expects to make changes to the contributory State pension which will address the negative discrimination being endured by pensioners as a result of the changes made in 2012; and if she will make a statement on the matter. [46985/17]

Amharc ar fhreagra

Freagraí scríofa

The current rate bands applying to the State pension contributory were introduced from September 2012, replacing previous rates introduced in 2000. The rate bands prior to 2000 were less generous, and the improved rate bands introduced in 2000 were a feature of the economic and political environment at that time. The economic crash changed the focus and while other payments were reduced as a result, the core rates of the pension, which many pensioners were solely dependent on, were maintained. Instead, the rates for people who had additional means and lesser PRSI contribution records were reduced.

The 2012 rate bands more closely reflect the social insurance contributions history of a person than those in place between 2000 and 2012. The current rate bands still provide pensions to people which are not proportionate with their level of contribution. A person with only 20 years of contributions over nearly 50 years will still get an 85% pension. Had all pensions been cut, regardless of means and contribution records, the hardest hit would have been pensioners with no additional incomes, those paid a State pension non-contributory, and widows and widowers living alone on only one pension payment.

People on the lower rate bands with other income, which meant they did not qualify for a non-contributory pension which is paid at a rate of over 95% of the contributory pension, are generally in a better financial position than those solely dependent on the non-contributory pension, as otherwise they could claim that payment instead. Changing these bands would give additional money to people who already have means. It is estimated that to revert to the previous bands from January 2018 would result in an annual cost of well over €70 million in 2018, and this annual cost would increase by an estimated €10-12 million each following year.

My Department is examining in depth whether the 2012 rate band changes have impacted disproportionately or unfairly on specific groups in relation to the contributions they have made for the pensions they receive. If that is the case, measures to alleviate that impact on people who, as a result of homemaking duties, have reduced pension entitlements following the 2012 changes, would be considered. Such measures should be more targeted than a simple reversion to the previous rate bands, which would benefit many people with significant additional means, and who in many cases, despite making limited PRSI contributions over the years, were not involved in homemaking.

It is intended to introduce a total contributions approach for new pensioners from around 2020. This will make the rate of contributory pension more closely match contributions made by a person. A consultation is planned on this reform, which would provide an opportunity for people to submit their views on what they want to see in this reform.

The main aim of Government policy on pensions is to make sure that pensions are affordable, sustainable and keep their value in the coming years. The reforms that are planned will result in a more inclusive and fairer pension system for all citizens.

I hope this clarifies the matter for the Deputy.

Fuel Allowance Eligibility

Ceisteanna (1273)

Kevin O'Keeffe

Ceist:

1273. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection his plans to review the national fuel allowance scheme in respect of persons who are social welfare dependent and reside with a person who is in receipt of the minimum wage but with earnings above the threshold of €100 per week, in view of the difficulties many of these persons experience in meeting the cost of purchasing fuel. [47006/17]

Amharc ar fhreagra

Freagraí scríofa

The fuel allowance is a payment of €22.50 per week from October to April, to 376,000 low income households to assist them with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.

The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. People who are in receipt of a qualifying contributory payment must also satisfy a means test. All non-contributory recipients are accepted as satisfying this means test.

A fuel applicant and members of his/her household may have a combined assessable income of up to €100 a week above the appropriate rate of State Pension Contributory and qualify for a payment. This ensures that the fuel allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own. The €100 a week means limit is significantly higher that the weekly fuel allowance rate of €22.50 and also the combined weekly total of household benefits and fuel allowance added together (€33.65).

Fuel applicants must also satisfy the household composition criteria, i.e., they must live alone or only with the following:

- a qualified spouse/civil partner/cohabitant or qualified child(ren);

- a person in receipt of a qualifying payment who would be entitled to the allowance in their own right;

- a person who is receipt of Carer’s Allowance or Carer’s Benefit in respect of providing full time care and attention to the Fuel Allowance applicant or their qualified spouse / civil partner / cohabitant or qualified child(ren);

- a person receiving short term Jobseeker's Allowance (JA) or Basic Supplementary Welfare Allowance (less than 391 days for JA and less than 15 months/456 days for Basic SWA).

Therefore a social welfare dependant who is living with someone other than those listed above would not be entitled to the fuel allowance.

The Guidelines for the Fuel Allowance Scheme are kept under review. However, any decision to change the household composition requirement and to increase the combined assessable income for a household would have to be considered in the context of overall budgetary negotiations.

Under the supplementary welfare allowance scheme, a special heating supplement may be paid to assist people in certain circumstances who have special heating needs due to ill health or infirmity. Exceptional needs payments may also be made to help meet an essential, once-off cost which a person is unable to meet from his/her own resources.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Ceisteanna (1274)

Bernard Durkan

Ceist:

1274. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which State pension contributions will be enhanced in the case of a person (details supplied); and if she will make a statement on the matter. [47010/17]

Amharc ar fhreagra

Freagraí scríofa

Entitlement to state pension (contributory) is assessed on the basis of an applicant’s social insurance record and the eligibility conditions applicable on the date they reach pension age.

It is not possible to determine a person’s pension entitlement until a pension application is received in the Department from the individual, and their social insurance record is examined by a Deciding Officer. According to the records of the Department the person concerned will reach pension age in 2018. They should submit an application for pension 3 months before their 66th birthday.

Where a person who has been engaged in caring duties applies for state pension (contributory) and they meet the qualifying conditions for this pension, their entitlement to the homemaker’s scheme will be examined. This scheme was introduced in 1994 to make qualification for state pension (contributory) easier for persons who take time out of the workforce for caring duties. The scheme allows for up to 20 years (since 1994) spent caring for children less than 12 years of age, or for an incapacitated person(s), to be disregarded for pension calculation purposes. The effect of this is to reduce the number of years by which a person’s total contributions are divided, thereby increasing their yearly average, which determines their weekly rate of pension payable. The impact of the homemaker’s scheme on pension entitlement will vary from person to person, depending on the individual’s social insurance record and the duration of the homemaking period.

I hope this clarifies the matter for the Deputy.

Community Employment Schemes Eligibility

Ceisteanna (1275)

Dara Calleary

Ceist:

1275. Deputy Dara Calleary asked the Minister for Employment Affairs and Social Protection her plans to extend the time that persons aged 62 years and over can spend on community employment schemes, in view of the fact that such persons will exit the scheme short of the old age pension age; and if she will make a statement on the matter. [47013/17]

Amharc ar fhreagra

Freagraí scríofa

Participants on Community Employment (CE) schemes do not have to retire until state pension age provided they continue to satisfy the conditions associated with their participation on the scheme.

In addition, as the Deputy is aware, there is a pilot initiative in operation for participants on CE who are aged 62 or over. This initiative enables participants over 62 to participate up to the state pension age subject to satisfying the conditions satisfactory performance on the scheme and to annual approval by the Department. The places allocated for these participants within each individual CE scheme are limited to 7% of each scheme’s overall budgeted places. This pilot scheme is currently available nationwide.

Following the publication earlier this year of my Department’s Report - An Analysis of the Community Employment Programme - the Government approved a number of changes to the terms and conditions of participation on CE. At the time of publication, it was also signalled that a review of the rules governing the participation of older people on schemes would take place and I expect this review to be completed in the coming weeks.

I trust this clarifies the matter for the Deputy.

Fire Service Staff

Ceisteanna (1276)

Michael McGrath

Ceist:

1276. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the status of the entitlement of retained firefighters to jobseeker's benefit; and if she will make a statement on the matter. [47014/17]

Amharc ar fhreagra

Freagraí scríofa

Retained (part-time) fire-fighters, provide services which are vitally important to their communities. Typically, these workers provide services in rural and less densely populated areas but larger urban centres may also have a cohort of part-time workers.

Retained fire-fighters who are otherwise unemployed are entitled to a jobseeker’s payment in respect of days that they are engaged in fire-fighting or training, subject to the usual qualification conditions in relation to means or social insurance contributions. They are, also required to satisfy the statutory conditions for the receipt of a jobseeker’s payment of being available for and genuinely seeking full time work. Any person who fails to satisfy these conditions is not entitled to a jobseeker’s payment.

Taking account of the unusual circumstances of retained fire personnel the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 carried amendments to both jobseeker’s benefit and jobseeker’s allowance that put the treatment of retained fire fighters on a legislative basis. These amendments were introduced with particular regard to the vital service provided by this group, particularly in rural communities where the fire service is almost exclusively staffed by retained personnel.

This legislation provided that when a retained fire fighter is on call this will not result in a disallowance for a jobseeker’s payment on grounds of availability. It also provides that retained fire fighters are exempt from suffering a loss of a day of jobseeker’s payment for any day of firefighting employment. Finally, the legislation also provides an exemption for retained fire fighters from having to satisfy the substantial loss of employment condition under jobseeker’s benefit.

The legislation and associated regulations allow retained fire-fighters a reasonable and fair level of access to the jobseeker schemes given the unique circumstances of the service they provide their communities.

Community Services Programme

Ceisteanna (1277)

Peter Burke

Ceist:

1277. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection the way in which a group (details supplied) receives feedback on its unsuccessful application for community service programme funding; the way in which the scheme is administered; the criteria met; and if she will make a statement on the matter. [47040/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Community Services Programme (CSP) provides financial support to community companies that provide revenue generating services of a socially inclusive nature. The CSP works on a social-enterprise model which means that it does not fully fund contract holders but requires that they generate revenue by charging fees or raising funds. All CSP recipients are obliged to meet these criteria. These social enterprises also remain responsible for their own budgets and financial liabilities.

The programme is managed on behalf of my Department by Pobal, which has a proven track record in the administration of public funds and extensive experience in assessing funding applications and business plans.

The organisation referred to by the Deputy submitted a business plan for CSP funding and this was appraised by Pobal. A decision email was sent to the organisation on October 31st stating that the business plan was not of the required standard to be approved for CSP funding. Specifically, the email informed the organisation that the business plan:

- Did not demonstrate how the service being proposed will alleviate social or economic disadvantage;

- Sought funding for roles that are not evidently income generating;

- Did not clearly explain financial projections; and

- Contained a weak reserves plan.

However, it is acknowledged that, with further work, the service could potentially be supported under the programme. Therefore, my Department has agreed to give the organisation an opportunity to submit a revised business plan.

I would urge the organisation concerned to work closely with their local Pobal representatives on the submission of a revised business plan which addresses the weaknesses in the original plan.

I hope this clarifies the matter for the Deputy.

Question No. 1278 answered with Question No. 1181.

Social Welfare Appeals Delays

Ceisteanna (1279)

Bernard Durkan

Ceist:

1279. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the appeals in respect of various decisions in regard to payments made by her Department are dealt with expeditiously; if payment will continue while the case is on appeal; and if she will make a statement on the matter. [47112/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Chief Appeals Officer that the management of appeal processing times is a key priority which is kept under constant scrutiny. Tables showing the average appeal processing times for all appeals determined from 2014 to date in 2017 broken down by all social welfare scheme types are attached below.

The Deputy will be aware from previous replies that significant effort and resources have been devoted over the past number of years to reforming the appeals process in order to finalise appeals as quickly and effectively as possible, while recognising the need to ensure that quality and fairness are not compromised. As a result appeal processing times improved year on year between 2011/2012 and 2016 as evidenced in the attached tables. For example, the average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015 and 24.1 weeks in 2016. The average time taken to finalise an appeal decided by way of a summary decision reduced from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015, and 17.6 weeks in 2016.

I understand from the Chief Appeals Officer that there has been a slight increase in overall appeal processing times to date in 2017 with appeals requiring an oral hearing taking an average of 26 weeks and summary decisions taking 20 weeks to finalise. However she is hopeful that this will be addressed in the coming months as a number of newly appointed Appeals Officers who have replaced officers who retired become more experienced in their roles.

The time taken to process an appeal reflects all aspects of the appeal process including the time spent in the Department preparing the appeal submission. The quasi-judicial nature of the system impacts on appeal processing times which are proportionate to the complexity of many of the issues under appeal which often require a high level of judgment, in addition to the need to ensure due process and natural justice.

The Deputy will be aware that where a claimant has been refused a payment and is appealing the decision, the payment in question does not continue pending the completion of the appeal process. In the event that the appeal is successful, the payment will be reinstated with effect from the date it was withdrawn. However, if a person is appealing a decision and their means are insufficient to meet their needs pending the outcome of the appeal process, it is open to that person to apply at their local Intreo Centre for Supplementary Welfare Allowance in the interim. If their application for Supplementary Welfare Allowance is not successful, they can also appeal that decision. Supplementary Welfare Allowance appeals are prioritised for attention within the Social Welfare Appeals Office as soon as the appeal file and submission are received from the Department.

The Chief Appeals Officer has advised me that every effort will continue to be made to improve appeal processing times.

I trust this clarifies the matter for the Deputy.

Appeals processing times by scheme 01/01/2014 – 31/12/14

-

Average processing times (weeks) - Summary Decisions

Average processing times (weeks) - Oral Hearings

Adoptive Benefit

17.1

-

Blind Pension

20.5

24.9

Carers Allowance

30.1

34.4

Carers Benefit

22.9

23.1

Child Benefit

23.8

32.9

Disability Allowance

20.8

26.7

Illness Benefit

29.5

34.8

Domiciliary Care Allowance

22.6

29.1

Deserted Wives Benefit

-

64.7

Deserted Wives Allowance

-

41.8

Farm Assist

23.2

28.3

Bereavement Grant

25.6

31.9

Family Income Supplement

26.0

32.6

Invalidity Pension

25.9

31.2

Liable Relatives

21.5

33.2

One Parent Family Payment

24.4

33.5

Maternity Benefit

22.4

44.7

Partial Capacity Benefit

48.5

48.5

State Pension (Contributory)

25.2

41.9

State Pension (Non-Cont)

20.3

29.4

State Pension (Transition)

27.0

35.1

Occupational Injury Benefit

33.6

33.7

Disablement Pension

23.6

30.6

Occupational Injury Benefit (Medical)

-

53.9

Incapacity Supplement

21.5

59.6

Guardian's Payment (Con)

25.9

24.9

Guardian's Payment (Non-con)

19.7

30.3

Pre Retirement Allowance

17.3

-

Jobseeker's Allowance (Means)

18.1

27.5

Jobseeker's Allowance

16.2

21.1

JA/JB Fraud Control

12.1

-

Jobseeker's Benefit

16.7

21.1

Treatment Benefit

20.8

-

Respite Care Grant

24.9

27.1

Insurability of Employment

45.0

62.3

Supplementary Welfare Allowance

14.4

22.1

Survivor's Pension (Con)

20.2

32.5

Survivor's Pension (Non-Con)

24.7

24.6

Widowed Parent Grant

22.2

-

All Appeals

21.1

28.6

* Previously called Respite Care Grant

Appeals processing times by scheme 01/01/2015 – 31/12/2015

-

Average processing times (weeks)

Summary Decisions

Average processing

times (weeks)

Oral Hearings

Blind Person’s Pension

21.1

30.7

Carers Allowance

20.6

25.9

Carers Benefit

19.7

21.8

Child Benefit

24.8

34.7

Disability Allowance

15.8

21.4

Illness Benefit

26.3

33.1

Partial Capacity Benefit

25.7

43.4

Domiciliary Care Allowance

21.7

28.7

Deserted Wives Benefit

19.7

26.2

Deserted Wives Allowance

-

16.2

Farm Assist

21.0

28.6

Bereavement Grant

65.7

26.0

Death Benefit (Pension)

-

22.6

Family Income Supplement

19.4

27.7

Invalidity Pension

26.2

28.4

Liable Relatives

22.8

31.2

Maternity Benefit

22.6

17.5

One Parent Family Payment

22.9

33.9

State Pension (Contributory)

26.0

46.0

State Pension (Non-Contributory)

20.4

30.8

State Pension (Transition)

80.1

53.4

Occupational Injury Benefit

20.3

35.0

Disablement Pension

23.7

35.3

Incapacity Supplement

41.2

51.5

Guardian's Payment (Con)

18.2

27.5

Guardian's Payment (Non-Con)

18.7

31.0

Jobseeker's Allowance (Means)

15.8

26.0

Jobseeker's Allowance

15.2

21.9

JA/JB Fraud Control

-

46.1

BTW Family Dividend

14.1

-

Jobseeker's Transitional

12.9

21.3

Recoverable Benefits & Assistance

21.0

30.3

Jobseeker's Benefit

14.3

21.2

Pre-Retirement Allowance

15.0

-

Treatment Benefit

17.9

-

Carer’s Support Grant *

21.2

23.6

Insurability of Employment

47.6

69.4

Supplementary Welfare Allowance

13.1

23.5

Survivor's Pension (Con)

24.1

46.6

Survivor's Pension (Non-con)

23.7

38.3

Widows Parent Grant

18.4

-

All Appeals

18.1

25.5

* Previously called Respite Care Grant

Appeal processing times by scheme 01/01/2016 – 31/12/2016

-

Average processing times (weeks) - Summary Decisions

Average processing times (weeks) - Oral Hearings

Blind Person’s Pension

18.2

33.8

Carers Allowance

17.6

21.6

Carers Benefit

20.7

22.4

Child Benefit

22.1

38.2

Disability Allowance

14.6

20.1

Illness Benefit

27.2

34.3

Partial Capacity Benefit

27.3

33.6

Domiciliary Care Allowance

24.3

30.6

Deserted Wives Benefit

13.0

32.8

Farm Assist

21.9

26.0

Bereavement Grant

23.1

-

Death Benefit (Pension)

19.7

-

Liable Relatives

14.0

16.9

Family Income Supplement

20.4

25.5

Invalidity Pension

21.3

28.2

Maternity Benefit

18.9

21.7

One Parent Family Payment

21.7

31.9

State Pension (Contributory)

25.6

45.9

State Pension (Non-Contributory)

22.7

32.9

State Pension (Transition)

67.7

61.3

Occupational Injury Benefit

25.0

31.9

Disablement Pension

25.8

26.8

Incapacity Supplement

27.7

50.9

Guardian's Payment (Con)

15.8

24.5

Guardian's Payment (Non-Con)

18.4

23.3

Jobseeker's Allowance (Means)

16.7

25.5

Jobseeker's Allowance

16.0

20.9

BTW Family Dividend

21.0

-

Jobseeker's Transitional

19.0

22.3

Recoverable Benefits & Assistance

32.5

31.6

Jobseeker's Benefit

16.0

27.2

Treatment Benefit

17.1

-

Carer’s Support Grant *

18.1

23.3

Insurability of Employment

36.6

85.7

Supplementary Welfare Allowance

15.0

24.1

Survivor's Pension (Con)

16.6

28.8

Survivor's Pension (Non-con)

18.4

23.4

Widows Parent Grant

23.5

63.8

All Appeals

17.6

24.1

* Previously called Respite Care Grant

Appeal processing times by Scheme 01 January 2017- 31 October 2017

-

Average processing times (weeks) Summary Decisions

Average processing times (weeks) -Oral Hearings

Adoptive Benefit

13.4

-

Blind Person’s Pension

20.4

24.4

Carers Allowance

21.3

23.7

Carers Benefit

16.3

21.2

Child Benefit

22.3

32.1

Disability Allowance

18.4

23.4

Illness Benefit

27.3

30.3

Partial Capacity Benefit

35.1

28.1

Domiciliary Care Allowance

26.0

32.6

Deserted Wifes Benefit

13.1

15.7

Farm Assist

21.0

25.7

Bereavement Grant

15.1

-

Death Benefit (Pension)

102.10

-

Family Income Supplement

19.6

33.5

Invalidity Pension

16.1

23.8

Liable Relatives

18.8

24.1

Maternity Benefit

18.8

19.4

Paternity Benefit

22.7

-

One Parent Family Payment

25.2

34.8

State Pension (Contributory)

30.7

46.9

State Pension (Non-Contributory)

25.3

34.1

State Pension (Transition)

81.1

-

Occupational Injury Benefit

19.5

26.4

Disablement Pension

24.9

28.8

Medical Care

-

27.3

Incapacity Supplement

54.2

37.2

Guardian's Payment (Con)

25.3

25.1

Guardian's Payment (Non-Con)

15.2

23.4

Jobseeker's Allowance (Means)

19.1

26.8

Jobseeker's Allowance

17.4

24.7

BTW Family Dividend

19.9

27.5

Jobseeker's Transitional

22.5

24.7

Recoverable Benefits & Assistance

27.8

-

Jobseeker's Benefit

20.0

23.2

Carer’s Support Grant *

17.8

25.2

Treatment Benefit

14.0

-

Insurability of Employment

36.9

91.3

Supplementary Welfare Allowance

16.5

25.2

Survivor's Pension (Con)

22.9

34.1

Survivor's Pension (Non-con)

20.4

24.1

Widowed Parent Grant

14.1

-

All Appeals

20.0

26.0

* Previously called Respite Care Grant

Pension Provisions

Ceisteanna (1280)

Bernard Durkan

Ceist:

1280. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which she will review the current system used in the calculation to entitlement to contributory old age pension to address the imbalance whereby persons with fewer contributions can receive a higher payment than those with a considerably higher number of contributions to ensure that equity prevails, particularly for those disadvantaged by method of calculation; and if she will make a statement on the matter. [47113/17]

Amharc ar fhreagra

Freagraí scríofa

The national pensions framework proposed that a total contribution approach should replace the yearly average approach. Under this approach, the rate of pension paid would more closely reflect the total number of contributions, and anomalies of the nature raised by the Deputy would no longer arise.

The position of those who have gaps in their records is being carefully considered in developing this scheme. It is expected that this approach to pension qualification will replace the current one from 2020 or thereabouts. The recently completed Actuarial Review of the Social Insurance Fund provided my officials with costings of various options under this reform, which are being considered at present.

Following a consultation process, I will submit a proposal to Government seeking approval for the new approach.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Data

Ceisteanna (1281)

Bernard Durkan

Ceist:

1281. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of applications received for the contributory old age pension, jobseeker's allowance and benefit, non-contributory old age pension, disability allowance and benefit, invalidity pension, carer's allowance and benefit in each month over the past three years and to date in 2017; the number of cases granted, refused, granted on appeal and refused on appeal; and if she will make a statement on the matter. [47114/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested (where available) by the Deputy is detailed at the following link:

Applications

Question No. 1282 answered with Question No. 1181.

Social Welfare Appeals Data

Ceisteanna (1283)

Bernard Durkan

Ceist:

1283. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the applications for various social welfare payments which are most commonly refused on application and referred to appeal or oral hearing; the number of cases subsequently rejected or approved on appeal, respectively; and if she will make a statement on the matter. [47116/17]

Amharc ar fhreagra

Freagraí scríofa

The link that follows provide the details which have been requested by the Deputy in respect of 2016 and to date in 2017.

The schemes with the highest number of appeals to the Social Welfare Appeals Office in 2016 and to date in 2017 were - disability allowance (4 ,912 in 2016/4,337 in 2017), carer’s allowance (3,887 in 2016/2,893 in 2017 ), jobseeker’s allowance - means (2,050 in 2016/1,262 in 2017), jobseeker’s allowance - payments (2,031 in 2016/1,440 in 2017), supplementary welfare allowance (1,970 in 2016/1,113 in 2017), invalidity pension (1,362 in 2016/1,218 in 2017) and domiciliary care allowance (1,198 in 2016/865 in 2017).

Details of appeal outcomes for the above schemes are set out in the tables. Overall, 59.2% of the 23,220 appeals which were finalised in 2016 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. To date in 2017, 59.4% of the 15,551 appeals finalised have had a favourable outcome for the appellant.

Of the 16,990 appeals which were finalised by Appeals Officers in 2016, 6,527 (38.4%) were determined following an oral hearing. 4,251 (65.1%) of these had a favourable outcome for the appellant. Of the 10,786 appeals finalised by Appeals Officers to date in 2017, 4,554 (42.2%) were determined following an oral hearing. 2,853 (62.6%) of these had a favourable outcome for the appellant.

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 new evidence is provided with an appeal the original decision may be revised by the Deciding Officer or Designated Person as was the case in some 37 per cent of favourable appeal outcomes in 2016. Where the decision was not revised in the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and in addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.

Decisions concerning entitlement to a social welfare payment or insurability of employment often require a high level of judgment and may involve complex legal questions. The Courts have found that decision makers are required to be free and unrestricted in discharging their functions.

Where an appellant requests an oral hearing, the request is generally granted unless the Appeals Officer is of the opinion that the appeal can be allowed on a summary basis, or where there is clearly nothing to be gained by granting an oral hearing, for example where the appeal question relates to contribution conditions or means and the underlying PRSI contribution figures or means are not disputed. Social Welfare legislation provides that an Appeal Officer may determine an appeal without an oral hearing where s/he is of the opinion that it can be determined fairly on the basis of the documentary evidence provided. In general, where there is a conflict in the documentary evidence presented, an Appeals Officer will convene an oral hearing in order to explore the evidence and seek to resolve any conflict.

I trust this clarifies the matter for the Deputy.

Appeals

Question No. 1284 answered with Question No. 1252.

Community Welfare Services Provision

Ceisteanna (1285)

Bernard Durkan

Ceist:

1285. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which community welfare services remain readily accessible in all areas throughout County Kildare, with particular reference to meeting out-of-hours and emergency needs when necessary; and if she will make a statement on the matter. [47118/17]

Amharc ar fhreagra

Freagraí scríofa

County Kildare is administered by 3 separate departmental divisions, for the purposes of the provision of community welfare services to its customers. Each division has its own arrangements in place for the provision of such services depending upon specific regional needs, resources and customer requirements. Recent developments in the community welfare service allow staff to concentrate their efforts on assisting the most urgent cases. Through the development of an integrated decisions model for jobseeker and one parent family claims, there is significantly reduced dependence for basic income on supplementary welfare allowance by those awaiting decisions for these schemes. Centralisation of rent supplement claims and the discontinuation of the mortgage interest supplement and diet supplement schemes have further freed resources to deal with urgent and emergency cases.

Community Welfare Services in South Kildare are accessible by telephone, followed up by appointment and home visits as required. Telephone lines are open at all times and customers have their calls returned within one working day. This eliminates the need for customers to travel to offices/health centres and queue. Emergencies are prioritised and dealt with in a timely manner.

Area

Contact Number

Athy – Castledermot

087 9138246

Dunlavin – Ballitore – Baltinglass

086 0202997

Monasterevin – Rathangan – Kildare

087 9638588

Newbridge – Curragh – Suncroft

086 7810420

Clane – Kilmeague – Prosperous – Robertstown – Allenwood

087 2950536

Naas – Caragh – Sallins – Johnstown – Kill – Kilcullen

087 7806165

Persons awaiting Jobseeker’s or One Parent Family Payment Claims at Newbridge Intreo Centre

087 6473528

Midlands division administers Community Welfare Services in North West Kildare by way of clinics held in Derrinturn Health Centre.

Derrinturn Health Centre – servicing Carbury, Derrinturn, Johnstownbridge, Moyvalley, Cadamstown, Broadford, Clogherinkoe and surrounding areas

Thursday 10am – 12pm

Emergency number

087 2279236

In North Kildare, Community Welfare Services are based in Maynooth and Celbridge Health Centres and are operated through a telephone, postal and appointments based service. All customer contacts are responded to within one working day. Home visits or appointments are facilitated where necessary.

Clinic Location

Clinic Times

Celbridge Health Centre

Ph: 01 6303196

Emergency no. 087 7907657

Monday 10am – 12pm

Thursday 10am – 12pm

Maynooth Health Centre

covers Maynooth, Leixlip, Clonee, Rathcoffey & Straffan areas

Ph: 01 6106143

Emergency no. 087 0683820

Tuesday 10am – 12pm

Wednesday 10am – 12pm

Thursday 10am – 12pm

Kilcock Medical Centre (Outreach Clinic)

Ph: 01 6303196

Emergency no. 087 7907657

Tuesday 10am -12pm

I trust this clarifies the matter for the Deputy.

Employment Support Services

Ceisteanna (1286)

Bernard Durkan

Ceist:

1286. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which she has examined issues preventing or discouraging persons that are unemployed from obtaining employment; if she has examined various schemes available to her department with a view to ensuring adequate incentivisation; and if she will make a statement on the matter. [47119/17]

Amharc ar fhreagra

Freagraí scríofa

The goal of Government’s Pathways to Work Strategy is to ensure that as many jobs as possible go to people on the Live Register. Ensuring that work always pays and preventing long-term dependency on welfare are important aspects of this strategy.

In Budget 2018, it was decided to re-designate the Family Income Supplement (FIS) scheme under the Working Family Payment, which will bring it more visibility as a payment aimed specifically at working families. It is also my intention to continually review the Working Family Payment so as to enhance it with a view to empowering families to return to work.

In-work supports such as the Family Income Supplement or FIS (which will be replaced by the Working Family Payment) and the back to work family dividend (BTWFD) are key because they are stepping stones to ensure that recipients are better off in employment and can work towards financial independence over time.

FIS targets families with children on low incomes where the parent works at least 19 hours per week. The payment effectively preserves the incentive to take up or remain in employment in circumstances where the employee might otherwise be only marginally better off than if s/he were claiming other social welfare payments.

The BTWFD allows former long-term recipients of a jobseeker’s payment (including jobseeker’s transition payment) and former recipients of the one-parent family payment, to retain their full increase for a qualified child payment for the first year of employment, tapering to 50 per cent in the second year.

Where a long term unemployed jobseeker is offered employment of more than 3 days but less than 24 hours a week, they may be eligible for the part-time job incentive scheme. Under this scheme they can receive a weekly payment of €122.20 per week if they are single or €199.20 if they have an adult dependent.

In addition to the above, the main social welfare schemes offered by my Department for unemployed people – jobseeker’s allowance and benefit – both provide significant support to unemployed people such that they can work up to 3 days a week and still retain access to a reduced payment, subject to continuing to satisfy all of the qualifying conditions.

ESRI research, based on an analysis of current incomes, benefits and taxes, has found that people are better off in work than on welfare. It demonstrates that more than 8 out of 10 unemployed jobseekers would see their income increase by at least 40 per cent upon taking up employment. Fewer than 3 per cent would, in the short-term, be financially better off not in work. Although the risk of facing weak financial incentives to work is higher for unemployed persons with a spouse and children, less than 1 in 15 of that group would be financially better off not working. The BTWFD reduces that figure to 1 in 20.

Reflecting the impact of government policy, and the overall improvement in the labour market, unemployment continues to fall. The most recent data show that unemployment has fallen from a peak of 15 per cent in 2012 to 6.0 per cent in October 2017.

I am satisfied that the current combination of jobseeker’s payments, the FIS, BTWFD and the part-time job incentive scheme provides considerable support for people to take up employment by allowing them retain access to a social welfare payment.

The Youth Employment Support Scheme (YESS) is a new work experience programme targeted at young jobseekers who are long-term unemployed or who face significant barriers to gaining employment – people who even during the Celtic Tiger years would have found it difficult to get a foothold on the career ladder. The programme aims to provide them with the opportunity to learn basic work and social skills in a supportive environment while on a work placement.

YESS will be open to people aged between 18 and 24 who have been out of work and in receipt of a qualifying payment for at least 12 months or, if unemployed for less than 12 months, are considered by a case worker to face a significant barrier to work.

Unemployment Levels

Ceisteanna (1287)

Bernard Durkan

Ceist:

1287. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which she continues to monitor the age profile of persons who have been on the live register long term, with a view to initiating measures to address the issue; and if she will make a statement on the matter. [47120/17]

Amharc ar fhreagra

Freagraí scríofa

The official measure of unemployment is sourced from the Quarterly National Household Survey (QNHS). Measures of unemployment from the QNHS are based on International Labour Office (ILO) definitions. To be ‘ILO unemployed’ a person must in the week before the survey be without work but available for work and have recently taken specific job-search steps. The Live Register, which captures those registering for unemployment benefits (including those working part-time and in casual work who draw partial unemployment payments), is an administrative record. It is not the official measure of unemployment, but can give indicative trends. My Department uses both Live Register and QNHS data for reporting and monitoring trends and adjusting policies accordingly at national level.

This includes providing data and trends broken down by age categories. The QNHS data, being prepared as part of the EU-wide Labour Force Survey, also allow Irish trends to be compared with international developments.

The Pathways to Work strategy, the key document setting out policy to facilitate the unemployed of all ages back into work, is underpinned by analyses of the labour market situation based on the statistical sources mentioned above.

By allocating activation resources to persons on the Live Register, the government’s policy tends automatically to focus on those areas and age-groups in which unemployment is most concentrated. The focus on those most in need is further reinforced by the use of profiling to identify, among the newly unemployed, those most likely to face severe difficulties in re-entering employment. People identified as having a low PEX (probability of exit from unemployment) score are prioritised for intensive engagement and support from the Intreo employment service.

Rent Supplement Scheme

Ceisteanna (1288, 1289)

Bernard Durkan

Ceist:

1288. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of rent support by county and local authority area; and if she will make a statement on the matter. [47121/17]

Amharc ar fhreagra

Bernard Durkan

Ceist:

1289. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which current rent supports are available and adequate to meet the housing needs of those in danger of becoming homeless under various circumstances; and if she will make a statement on the matter. [47122/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1288 and 1289 together.

Rent supplement plays a vital role in housing families and individuals, with the scheme currently supporting some 36,200 recipients at a cost of €253 million in 2017. A county breakdown of rent supplements recipients is provided in the tabular statement. A breakdown by local authority is not available.

In recognition of the on-going rental market difficulties, my Department continues to implement a targeted case-by-case policy approach in the administration of rent supplement that allows for flexibility where landlords seek rents in excess of the rent limits. In addition, the Protocol arrangement in place with Threshold continues to operate in the areas where supply issues are particularly acute covering Dublin, Cork, Meath, Kildare and Wicklow and Galway City. To date in 2017, in excess of 1,500 rent supplement recipients have been supported with increased rent payments ensuring that they can continue to retain their homes.

As the Deputy will be aware the strategic policy direction of the Department is to return rent supplement to its original purpose of being a short-term income support, with the introduction of the Housing Assistance Payment (HAP) scheme, available nationwide from 1 March 2017. There are currently over 29,000 HAP tenancies in place of which c 8,500 (c.30%) are transfers from rent supplement. In addition to the ongoing transfer of long-term rent supplement recipients to HAP, new applicants who have been assessed as having a social housing need are being supported by Local Authorities through HAP rather than rent supplement.

Officials in my Department continue to work closely with the Department of Housing, Planning and Local Government and local authorities to facilitate the ongoing transfer of cases from rent supplement to HAP.

I trust this clarifies matters for the Deputy.

Rent supplement recipients by County at End October, 2017

County

Recipients

CARLOW

410

CAVAN

312

CLARE

210

CORK

3,717

DONEGAL

164

DUBLIN

16,970

GALWAY

1,817

KERRY

1,184

KILDARE

1,971

KILKENNY

205

LAOIS

615

LEITRIM

191

LIMERICK

788

LONGFORD

280

LOUTH

519

MAYO

667

MEATH

604

MONAGHAN

146

OFFALY

285

ROSCOMMON

415

SLIGO

136

TIPPERARY

461

WATERFORD

228

WESTMEATH

886

WEXFORD

1,445

WICKLOW

1,612

Total

36,238

Question No. 1290 answered with Question No. 1181.

Social Welfare Code

Ceisteanna (1291)

Bernard Durkan

Ceist:

1291. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which her Department interprets cohabitation, having particular regard to the number of persons who deny cohabitation in the true meaning of the word; her views on whether an assumption is made which may be unfair and inaccurate; and if she will make a statement on the matter. [47124/17]

Amharc ar fhreagra

Freagraí scríofa

The term 'cohabitant' is defined in the social welfare code in accordance with Section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010. This Act defines a cohabitant as “one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.

The question of whether a couple is cohabiting as husband and wife or civil partners affects entitlement under the Social Welfare Acts in a number of ways

- A person may be entitled to an increase for a qualified adult for a person who is not a husband, wife or civil partner provided the couple are cohabiting.

- A disqualification applies in various schemes where there is cohabitation.

- Means are calculated similarly for a cohabiting couple as for a married couple/civil partners.

- In Jobseeker's Allowance, Disability Allowance and Pre-retirement Allowance cases a limitation is applied to payment rates where the person with whom the claimant is cohabiting is also in receipt of certain Social Welfare payments.

The Department has set down the guidelines it uses in considering issues relating to cohabitation, and these are available on the Department’s website at www.welfare.ie/en/Pages/Cohabitation.aspx.

The principles of natural justice are clearly outlined in DEASP guidelines to ensure that persons seeking benefits etc. are dealt with in a fair manner.

School Services Staff

Ceisteanna (1292)

Charlie McConalogue

Ceist:

1292. Deputy Charlie McConalogue asked the Minister for Housing, Planning and Local Government if a school's (details supplied) request for a traffic warden will be accommodated in view of the fact of the increased numbers now attending the school; and if he will make a statement on the matter. [46284/17]

Amharc ar fhreagra

Freagraí scríofa

Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisation arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.

My Department has not received a sanction request from Donegal County Council for a School Warden.

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