Written Answers Nos. 487-502
487. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection the number of child benefit applications awaiting processing for persons in County Louth; the length of time these persons have been waiting for processing of child benefit applications; and the average waiting time in respect of child benefit applications. [48122/17]
Amharc ar fhreagraThe average waiting time in respect of child benefit applications is 3 weeks. The claim processing target for child benefit claims is 90% in four weeks. Claims are processed promptly, with the September 2017 output figures showing that 83% of claims were processed within four weeks.
It is not possible to provide the requested information regarding County Louth as the relevant data is not collated on a county basis.
488. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection the guidelines in place on timeframes for undertaking social welfare inspections in respect of child benefit applications; if regional offices are given a specified timeframe in which to complete an inspection; if regional offices are given a specified timeframe in which to provide a requested report following an inspection to the child benefit section; and if she will make a statement on the matter. [48123/17]
Amharc ar fhreagraIn general, child benefit claims are processed at desk and without any requirement for an investigation by an inspector. However, claims requiring investigation to determine eligibility are sent to a social welfare inspector to have an investigation undertaken. Depending on the circumstances, such enquiries can take varying lengths of time. Accordingly, the Department has not set any specified timeframe for undertaking such investigations.
Once a report is received claims are dealt with promptly and decisions are made and communicated to the people concerned by child benefit section.
489. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a person (details supplied) has an entitlement to a pension based on their social contributions while working; and if she will provide the contributions record of the person as held by her Department. [48124/17]
Amharc ar fhreagraAccording to the records of the Department, the person concerned has a social insurance record of 630 paid and credited contributions, covering the period from 1953 to 2001. The person is in receipt of a reduced rate state pension (contributory) based on an assessed yearly average of 13 contributions. The person concerned is in receipt of the correct rate of contributory pension based on this record and was notified at the time, in writing, of their award of state pension (contributory) with effect from 22 February 2002.
The person has no recorded contributions from the tax years 1964/65 to 2000/01 which impacts on the person’s overall yearly average and, consequently, on their rate of weekly pension entitlement. If the person concerned considers they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence of missing periods of employment and my Department will review their pension entitlement. Similarly, if the person has un-notified homemaking periods from 6th April 1994 spent out of the workforce caring for a child under the age of 12, or incapacitated person(s), the person should provide those details to my Department.
I hope this clarifies the matter for the Deputy.
490. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) who is at retirement age and has made 520 + 23 social service contributions over a lifetime is only in receipt of €119.00 per week; the further reason persons who make no contributions are in receipt of a full pension. [48135/17]
Amharc ar fhreagraEntitlement to state pension (contributory) is assessed on the basis of an applicant’s full social insurance record and the eligibility conditions applicable on the date they reach pension age.
According to the records of my Department, the person concerned has a social insurance record of 653 reckonable contributions and credits. They are in receipt of a reduced state pension (contributory) based on an assessed yearly average of 14 contributions, covering the period from March 1964 to December 2010. The person concerned is in receipt of the correct rate of contributory pension based on this record. Any gaps in the person’s insurance record will impact on the person’s overall yearly average and, consequently, on their rate of weekly pension entitlement.
As part of the pension eligibility assessment of the person concerned, a disregard of one year and award of 40 additional credits in the person’s yearly average calculation resulted from homemaking periods from 6 April 1994 to 12 January 1996. The person’s social insurance record was also updated to include class J contributions, Class J, for relevant periods during 2007-2008 and 2011-2012. Class J contributions are not reckonable for state pension (contributory) eligibility purposes.
It is not possible to qualify for state pension (contributory) without making social insurance contributions. A social insurance contribution record is not required for qualification for state pension (non-contributory), also payable from age 66. For this pension, eligibility is based on satisfaction of a means test. It is open to the person concerned to make an application for state pension (non-contributory) and have their entitlement assessed. The pension providing the higher rate of weekly payment will be paid to the person concerned.
I hope this clarifies the matter for the Deputy.
491. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) in County Westmeath is not receiving a full contributory pension; if the calculation for same will be supplied; and if she will make a statement on the matter. [48136/17]
Amharc ar fhreagraAccording to the records of my Department, the person concerned was initially assessed with a total of 346 full-rate paid social insurance contributions for the period from October 1966 to December 2012. As this is less than the required 520 full-rate social insurance contributions, the qualifying conditions for state pension (contributory) were not met and the person concerned was notified, in writing, of this decision on 12 September 2013.
The person’s eligibility for a state pension (contributory) under EU regulations was also examined. Based on their Irish and UK insurance records, they were assessed with a total of 365 reckonable contributions (which included an additional 19 contributions from their UK record). As this also fell short of the required 520 contributions, the person did not qualify for a state pension (contributory) under EU regulations and they were notified, in writing, of this decision on 12 November 2013.
If the person concerned considers they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence of the missing periods of employment to my Department and their pension entitlement will be reviewed.
It is also open to the person concerned to apply for state pension (non-contributory), also payable from age 66. This pension is not reliant on a social insurance contribution record as qualification is instead based on satisfaction of a means test. On receipt of a completed state pension (non-contributory) application form, the person’s entitlement will be assessed and they will be notified of the outcome without delay. Application for assistance for persons in financial hardship can also be made by contacting the Department’s nearest Intreo Centre.
I hope this clarifies the matter for the Deputy.
492. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 1191 of 7 November 2017, the number of applications received in respect of the scheme; the number of applications refused; the reasons therefore; and if she will make a statement on the matter. [48237/17]
Amharc ar fhreagraThe jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The 2017 Estimates for the Department provide for expenditure this year on the jobseekers’ schemes of €2.5 billion.
It is accepted that periods of unemployment are a normal feature of the acting and artistic professions and people in these professions can qualify for a jobseeker’s payment when they are unemployed. The pilot initiative, which is a key commitment under the Creative Ireland Programme, assists self-employed visual artists and writers who apply to the Department of Employment Affairs and Social Protection for jobseekers allowance.
Applicants must satisfy all of the usual qualifying conditions for jobseeker’s allowance. Under this new mechanism, the Department provides for the classification of self-employed professional artists and writers who are then not subject to the activation process for 12 months.
At the end of October 2017 there were 15 people in receipt of jobseeker allowance who have availed of the initiative. There are a number of reasons why any applicant might not qualify for jobseeker’s allowance, such as not satisfying the means test. It is not possible to identify the profession of those who applied for jobseeker’s allowance but who did not qualify for the scheme for whatever reason.
493. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the position in respect of an application for a carer's allowance by a person (details supplied); and if she will make a statement on the matter. [48239/17]
Amharc ar fhreagraI confirm that my department received an application for carer’s allowance from the person concerned on 4 August 2017.
The matter was referred to a local social welfare inspector (SWI) on 13 November 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.
Once the SWI has reported, a decision will be made and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
494. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the status of a social welfare appeal in respect of an application for a disability allowance by a person (details supplied); and if she will make a statement on the matter. [48240/17]
Amharc ar fhreagraI confirm that my department was notified by the Social Welfare Appeals Office on the 8 November 2017 that the appeal for this gentleman’s disability allowance claim was successful.
His case is currently with a deciding officer to implement the appeals officer’s decision and he will be notified in writing as soon as possible.
I trust this clarifies the matter for the Deputy.
495. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government if his attention has been drawn to a matter (details supplied); and the steps he will take to ensure that developers do not interfere with the right of persons to lodge appeals against planning decisions. [47631/17]
Amharc ar fhreagraUnder section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
Public participation is a crucial element of all substantive decision-making processes under the Planning and Development Acts, having regard to the requirements of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and the EU Environmental Impact Assessment Directive. Thus, any member of the public is entitled to make observations or a submission on a planning application, and, where he or she does so, is entitled to—
- have his or her observations or submission considered by the planning authority,
- be notified of the authority’s decision on the application,
- appeal the authority’s decision on the application to An Bord Pleanála or make observations or a submission to the Board in relation to an appeal of that decision, and
- withdraw in writing an appeal that he or she has made at any time before the appeal is determined by the Board, without any requirement to state the reason for the withdrawal.
In considering planning applications or appeals, a planning authority or the Board is required to consider the proper planning and sustainable development of the area concerned and the prospective effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including observations or submissions made by members of the public.
While any suggestion of threats or intimidation being applied in relation to any individual planning application or appeal would be a matter of concern, I am not convinced that there are changes that can reasonably be made to planning legislation that would necessarily improve matters in this area. However, any person who is the subject to threats or intimidation in relation to a planning matter should report the matter to the An Garda Síochána for investigation.
496. Deputy Denise Mitchell asked the Minister for Housing, Planning and Local Government his plans to extend the eligibility criteria for postal voting to persons who suffer from mental illnesses or disorders, such as agoraphobia or severe social anxiety or other mental illnesses or disorders, which make attending a polling station in person difficult; and if he will make a statement on the matter. [47634/17]
Amharc ar fhreagraI refer to the reply to Parliamentary Question No. 1338 of 7 November 2017 which sets out the position in this matter.
I have no proposals at present to extend existing arrangements for postal voting. However, electoral law is subject to ongoing review and, in particular in the period ahead, provisions - operational and legal - for voter registration will be subject to review as part of the voter registration modernisation project announced in March 2017.
497. Deputy James Browne asked the Minister for Housing, Planning and Local Government his plans to amend SI No. 408 of 2012 to give local authorities the ability to assess mortgage applications from discharged bankrupts; and if he will make a statement on the matter. [47686/17]
Amharc ar fhreagraThe terms and conditions governing the operation of the standard annuity House Purchase Loan provided by local authorities to first-time buyers were set out most recently in the Housing (Local Authority Loans) Regulations 2012. To support local authorities in operating their housing loan scheme in a consistent and efficient manner, the Housing Agency provides a central credit assessment service to local authorities. The final decision on loan approval is a matter for the relevant local authority and its credit committee on a case-by-case basis and in accordance with the relevant statutory credit policy that underpins the scheme. Decisions on all housing loan applications must be made in accordance with this statutory credit policy in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities. Prohibited categories of borrowers include applicants who are deemed bankrupt or are currently subject to bankruptcy. The pertinent issue in assessing a loan application is that the loan applicant must have a satisfactory credit record. This requirement applies to all loan applicants including those who may have availed of bankruptcy or other alternatives to bankruptcy.
498. Deputy James Browne asked the Minister for Housing, Planning and Local Government his views on the lack of planning guidelines for solar farm developments; and if he will make a statement on the matter. [47687/17]
Amharc ar fhreagraThere are no specific planning guidelines in place in respect of solar farms. Proposals for individual solar farm developments are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments. Planning applications are made to the relevant local planning authority with a right of appeal to An Bord Pleanála.
Under the Planning and Development Act, each planning authority's development plan must set out an overall strategy for the proper planning and sustainable development of the area concerned. Section 10 of the Act requires a development plan to include, inter alia, objectives for the provision or facilitation of the provision of infrastructure, including energy facilities, and many local authorities have developed renewable energy strategies for their areas in this context.
In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the local development plan, any submissions or observations received and relevant Ministerial or Government policies, including any relevant guidelines issued by my Department. Planning authorities must then make their own decisions based on the specific merits or otherwise of individual planning applications.
I am satisfied that the planning code is sufficiently robust to facilitate the assessment of individual planning permission applications for solar farm developments. However, the matter will be kept under review, in consultation with my colleague, the Minister for Communications, Climate Action and Environment, and his Department - which leads on renewable energy policy - in the context of the Government's White Paper on Energy Policy, published in December 2015, the development of a Renewable Electricity Policy and Development Framework, as well as the finalisation of a new support scheme for renewable electricity by that Department, expected in 2018.
499. Deputy James Browne asked the Minister for Housing, Planning and Local Government his plans to include solar farm developments within the environmental impact assessment directive; and if he will make a statement on the matter. [47688/17]
Amharc ar fhreagraThe Environmental Impact Assessment (EIA) Directive specifies projects which, by virtue of their nature, size or location, are likely to have significant effects on the environment and should be subject to EIA. The Directive requires projects listed in Annex I of the Directive to be subject to mandatory EIA and provides that Member States may determine whether projects listed in Annex II of the Directive shall be subject to EIA. Projects requiring an EIA by a planning authority or An Bord Pleanála (the Board), as appropriate, in respect of an application for planning consent are listed in Schedule 5 of the Planning and Developments Regulations 2001 (the Regulations), which transposes the list of projects in Annex I and II of the EIA Directive.
Proposals for individual renewable energy development projects may be subject to environmental impact assessment (EIA) as part of the planning process. Part 2 of Schedule 5 of the Regulations includes certain renewable energy development projects, such as wind energy and, in accordance with the Directive, certain thresholds have been set below which development need not necessarily be subject to EIA. EIA is also required in the consideration of planning applications, other than in the circumstances referred to above, where a development is likely to have significant effects on the environment, having regard to the criteria set out in Schedule 7 of the Regulations.
At present, while solar farm development projects are not specifically listed as requiring assessment under the EIA Directive or under the Planning and Development Regulations, such development proposals may be required by the planning authority to undertake an environmental impact assessment, taking into account the criteria listed in Schedule 7.
The need for undertaking EIAs in respect of solar farm developments will be kept under review by my Department, in consultation with the Department of Communications, Climate Action and Environment.
500. Deputy Michael McGrath asked the Minister for Housing, Planning and Local Government the grant or other financial assistance available to a person wishing to upgrade their wastewater treatment plant or septic tank; and if he will make a statement on the matter. [47697/17]
Amharc ar fhreagraThe Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013, a copy of which is available in the Oireachtas library, brought into operation a grant scheme to assist with the cost of remediation of septic tanks and domestic waste water treatment systems which are deemed, following inspection under the Environmental Protection Agency’s National Inspection Plan, to require repair or upgrading. The grant scheme ensures that the limited financial resources available are targeted towards householders, particularly those on lower incomes, who incur expenditure directly as a result of the implementation of the Water Services (Amendment) Act 2012.
The Regulations provide that, subject to the applicant meeting all qualification criteria, a local authority may pay a grant to a person who is required, following an inspection, to undertake repairs or upgrades to, or replacement of, a septic tank or other domestic waste water treatment system. Applications for grant aid are administered by the local authorities in whose functional area the particular domestic waste water treatment system requiring remediation is situated. The local authorities then seek recoupment of the amounts paid from my Department. Full details of the scheme, including eligibility criteria, are set out in the explanatory leaflet and application form published on my Department’s website at the following link:
http://www.housing.gov.ie/water/water-quality/domestic-waste-water-systemsseptic-tanks/domestic-waste-water-treatment-0.
More generally, householders who do not meet the eligibility criteria for the grant under the aforementioned Regulations and who wish to remediate or upgrade their on-site treatment systems may qualify for relief under the Home Renovation Incentive (HRI) Scheme introduced pursuant to Section 5 of the Finance (No. 2) Act 2013. The HRI Scheme covers main residence repairs, renovations and improvements, including the repair or replacement of septic tanks. The Scheme is administered by the Revenue Commissioners and full details are published on the Revenue Commissioner’s website at www.revenue.ie.
501. Deputy Lisa Chambers asked the Minister for Housing, Planning and Local Government if a person (details supplied) qualifies for commercial vehicle road tax on their newly purchased vehicle as a small goods vehicle in particular circumstances; if each of these pieces of evidence individually rather than both of these proofs together would satisfy the requirements in circumstances in which all other information in respect of the logbook, insurance and signed documentation from An Garda Síochána is provided; and if he will make a statement on the matter. [47701/17]
Amharc ar fhreagraTo be taxed as a commercial vehicle, a vehicle must be constructed as a goods vehicle and must be used solely in the course of trade or business. Licensing authorities have an obligation under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 to be satisfied that a vehicle is correctly taxed and it is therefore open to a motor tax office to seek appropriate documentation supporting a claim for the commercial rate of motor tax. Such documentation may include a certificate of commercial insurance, evidence of registration for VAT or, at the discretion of the licensing authority concerned, any other appropriate documentation that would indicate that the applicant is in trade or business. It is up to the individual concerned to provide whatever evidence is required by the licensing authority in order for it to be satisfied that the applicant is entitled to claim what is a concessionary rate of tax.
502. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government the estimated cost to provide funding to Dublin City Council to hire 100 more inspectors for inspecting rental properties; his plans to ensure that this funding is provided; and if he will make a statement on the matter. [47707/17]
Amharc ar fhreagraThe Strategy for the Rental Sector, published in December 2016, set out a series of measures to be introduced to ensure the quality of private rental accommodation by strengthening the applicable standards and improving the inspection and enforcement systems.
On 1 July 2017, updated regulatory standards, the Housing (Standards for Rented Houses) Regulations 2017, came into effect. These Regulations focus on tenant safety and include new measures covering heating appliances, carbon monoxide and window safety. In August, my Department published a guidance document to assist and support local authorities in implementing the new Regulations.
All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the Regulations rests with the relevant local authority, supported by a dedicated stream of funding provided from a portion of the proceeds of tenancy registration fees, collected by the Residential Tenancies Board (RTB).
Since the establishment of the RTB, over €34 million has been paid to local authorities to assist them in the performance of their functions under the Housing Acts, including the inspection of rented accommodation. Over 185,000 inspections were carried out during this period. The Department offers a subvention to local authorities to carry out inspection of properties under the Housing (Standards for Rented Houses) Regulations. Funding is dispersed on the basis of €100 per inspection carried out and €50 per follow-up inspection that achieves compliance.
However, the Rental Strategy recognises the need for additional resources to be provided to local authorities to aid increased inspections of properties and ensure greater compliance with the Regulations. Provision has been made for an additional €2.5m in 2018, with the intention of providing further increases each year in the period to 2021 to facilitate a targeted inspection coverage of 25% of rental properties annually.
It is also my intention to introduce further measures to ensure that landlords meet their obligations in relation to quality and safety and compliance with regulations and standards. When registering a tenancy with the Residential Tenancies Board (RTB), landlords will be required to certify that the property in question is compliant with regulations relating to standards for rental accommodation, overcrowding and fire safety. Failure to provide this certification, failure to register the tenancy or the provision of an untrue certification will all constitute offences, prosecutable by the RTB.
Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. Consequently, the specific information requested by the Deputy is not available in my Department.
