Written Answers Nos. 510-531
510. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection the social welfare supports and options that are in place for self-employed persons; and if she will make a statement on the matter. [52859/17]
Amharc ar fhreagraThe Government is committed to encouraging self-employment and entrepreneurship. This includes enhancing the position of the self-employed through a supportive tax regime and, very importantly, improving the level of PRSI based benefits available to self-employed people.
Self-employed people who earn €5,000 or more in a contribution year, are liable for PRSI at the class S rate of 4%, subject to a minimum annual payment of €500. This provides them with access to the following benefits: State pension (contributory), widow’s, widower’s or surviving civil partner’s pension (contributory), guardian’s payment (contributory), maternity benefit, adoptive benefit and paternity benefit.
Since March 2017, the self-employed have had access to the treatment benefit scheme which includes free eye and dental examinations, and contributions towards the cost of hearing aids. Treatment benefit entitlements were also extended from October 2017 so as to provide further dental and optical benefits.
Even more significantly, self-employed contributors are now eligible for the invalidity pension from December 2017. For the first time, this gives the self-employed access to the safety-net of State income supports if they become permanently incapable of work as a result of an illness or disability without having to go through a means test. This is a real advance in the level of cover available to the self-employed.
There are also a range of other supports available to the self-employed.
Self-employed workers with insufficient means can access means tested payments such as jobseeker’s allowance or disability allowance, in respect of periods when they cannot work because of a downturn in their business or ill health. Self-employed workers who are parenting alone can claim the One Parent Family Payment in the same manner as employees who are parenting alone.
The back to work family dividend (BTWFD) scheme aims to help families, including self-employed families, to move from social welfare into employment. It gives financial support to people with qualified children who are in or take up employment or self-employment and as a result stop claiming a jobseeker's payment or a one-parent family payment.
The back to work enterprise allowance (BTWEA) is designed to provide a monetary incentive for people who are dependent on certain social welfare payments to develop a business, while allowing them to retain a reducing proportion of their qualifying social welfare payment over two years (100% in year one and 75% in year two). In the case of jobseekers, the qualifying period required for access to the BTWEA is 12 months in receipt of a jobseeker's payment, provided a person has an underlying entitlement to jobseeker’s allowance (JA). Jobseekers who were previously self-employed, similar to PAYE workers, may access social welfare supports, including BTWEA, by establishing eligibility to JA.
The short term enterprise allowance provides immediate access to those who have lost their jobs and qualify for jobseeker’s benefit and wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to jobseeker’s benefit.
511. Deputy Mick Wallace asked the Minister for Employment Affairs and Social Protection if a person (details supplied) is entitled to fuel allowance. [52913/17]
Amharc ar fhreagraThis gentleman is in receipt of Disability Allowance (DA) since 23 April 2014. An application for Free Fuel Allowance (FFA) was received from this gentleman on 20 October 2017. FFA is a payment under the National Fuel Scheme to help with the cost of heating your home during the winter months. It is paid to people who are dependent on long-term social welfare payments and who are unable to provide for their own heating needs.
A person may qualify for FFA if they are getting DA and they live alone or only with other people getting one of the qualifying payments who would also be eligible for FFA in their own right. Based on the information provided to the department, this gentleman does not qualify for FFA as his household consists of people who are not in a qualifying category. Notification of his refusal for FFA issued on 2 December 2017.
I hope this clarifies the matter for the Deputy.
512. Deputy Peadar Tóibín asked the Minister for Employment Affairs and Social Protection if she will make an additional Christmas payment to persons in emergency accommodation in view of the increase in numbers in this regard in order to make Christmas a little more bearable in terms of meals and clothing. [52917/17]
Amharc ar fhreagra517. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if a person in emergency accommodation has an entitlement to supplementary welfare allowance to facilitate a special diet for diagnosed Crohn's disease; and if she will make a statement on the matter. [52978/17]
Amharc ar fhreagraI propose to take Questions Nos. 512 and 517 together.
I was pleased to announce on Budget Day that an 85% Christmas Bonus was to be paid this year to over 1.2 million long-term social welfare recipients, such as pensioners, people with disabilities, carers, lone parents and long-term jobseekers at a cost of €219 million, in recognition of their long-term financial dependence on their social welfare payments for all or most of their income.
Customers who have been in receipt of basic supplementary welfare allowance (basic SWA) continuously for more than 15 months are eligible for a Christmas Bonus and this issued in the last week of November 2017. Customers that have spent time on another qualifying scheme immediately prior to the award of a basic SWA payment and thereby meet the 15 months eligibility criteria are also eligible for the bonus.
Diet supplement, administered under the supplementary welfare allowance (SWA) scheme, is payable to qualifying persons, in receipt of the supplement prior to February 2014, who have been prescribed a special diet as a result of a specified medical condition. Following the outcome of a review of the costs of healthy eating and specialised diets by the Irish Nutrition and Dietetic Institute commissioned by the Department during 2013, the scheme has been closed to new applicants from 1 February 2014. However, in cases of particular hardship, officials continue to have the legislative power to award a SWA payment in cases of exceptional need.
Any person in emergency accommodation, who considers that they may have an entitlement to the Christmas Bonus, but have not yet received the payment, or to financial support under the SWA scheme, including that available under the Exceptional Needs Payments, should contact the Department for assistance.
I trust this clarifies the matter for the Deputies.
513. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the reason disability allowance being paid to a person (details supplied) was cut to €160.50 per week. [52931/17]
Amharc ar fhreagraIn April 2016 this lady was awarded full rate Disability Allowance (DA) with effect from 21 October 2015.
Following a review of the entitlement of this lady’s DA on 19 September 2017, it was found that she had an increase in her means from her previous assessment due to her spouse receiving a private pension from Zurich Life.
As this lady’s spouse is in receipt of a Social Welfare payment in his own right half the weekly means were assessed against the person in question. This resulted in a reduced weekly payment of €160.50 payable to this lady from 4 October 2017. She was notified in writing of this decision and of her right to review and appeal.
I trust this clarifies the matter for the Deputy.
514. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the changes being put in place by Citizens Information Board, CIB, relative to the structure of the Money Advice and Budgeting Service, MABS; the details of these changes to date and projected costs for the future; the benefits of these changes for the persons using the services; if all of the stakeholders were consulted regarding the changes being introduced; and if she will make a statement on the matter. [52933/17]
Amharc ar fhreagraThe Citizens Information Board (CIB), which has statutory responsibility for the Citizens Information Services (CIS) and the Money Advice and Budgeting Service (MABS), decided in February 2017 to restructure the governance arrangements of these services to an 8 region model. The Board’s decision will change the structure from 93 individual local CIS and MABS company boards to sixteen regional company boards, 8 CIS and 8 MABS.
The changes are being made at local company board level only. The valuable work carried out by those employed by CIS and MABS services and those who volunteer in CIS cervices will continue as heretofore. There will be no job losses for those working in the services, no diminution of existing services, no closures of service delivery points, and crucially, no disruption to services for those who use them.
CIB has taken this decision following years of analysis of options and a detailed consultation period with all stakeholders on the need for a more streamlined governance model.
The first phase of CIB’s implementation of its new governance arrangements is underway in South Dublin, North Leinster (Kildare, Longford, Louth, Meath and Westmeath) and South Munster (Cork & Kerry). It is the intention of CIB to provide information and support through the transitional period. Information sessions are being organised for Chairpersons of local services, providing an opportunity for Chairpersons to seek clarifications on the process of transfer to the new regional companies and wind up of the existing companies.
Implementation of the new governance arrangements is expected to take up to two years to complete, with an estimated net cost to the Exchequer of €4.1 million in present values, over 8 years. Initial set up costs are estimated to be €1.94 million.
The aim of the change is to improve the effectiveness of the control environment, financial management and governance of CIS and MABS networks, which are 100% State-funded. It is also about consolidating managerial and administrative efforts, focussing on front line service delivery to citizens, improving the consistency and quality of service delivery and, where possible, extending services for those who rely on them.
I hope this clarifies the matter for the Deputy.
515. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied) for disability allowance; the reason the previous application was unsuccessful; and if she will make a statement on the matter. [52935/17]
Amharc ar fhreagraThis lady submitted an application for disability allowance (DA) on 21 July 2017.
The application, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 01 September 2017 and of her rights of review and appeal.
On 14 September 2017 the person in question appealed to the independent Social Welfare Appeals Office (SWAO) a decision by a deciding officer to disallow her application for disability allowance.
Following due consideration, the appeal was disallowed by an appeals officer (AO) and she was notified of this decision in writing. An AO’s decision is final and conclusive in absence of any fresh facts or evidence.
I confirm my department received a new application for DA on 20 November 2017. This application is being processed and the person in question will be notified in writing when a decision has been made.
I trust this clarifies the matter for the Deputy.
516. Deputy Barry Cowen asked the Minister for Employment Affairs and Social Protection if funding will be provided to a company (details supplied) for the provision of a community employment scheme or an alternative employment scheme that will support the needs of the surrounding areas. [52970/17]
Amharc ar fhreagraThe organisation referred to by the Deputy has contacted my Department regarding Community Employment (CE) scheme places. Local divisional staff from my Department will be in contact with them regarding their CE request with a view to meeting them in the near future where the options, including the process of making an application for a new CE scheme, will be discussed.
In addition, the organisation has submitted an expression of interest in funding under the Community Services Programme (CSP) to my Department. From time to time, as resources allow, my Department processes new applications received from organisations that have expressed an interest in and are considered eligible under the CSP. When resources next allow, their expression of interest will be assessed and, if it is found to be suitable, it will be forwarded to Pobal to begin work on the business planning phase. In this context, it should be noted that, subject to Government approval, responsibility for the operation of the CSP will transfer to my colleague Michael Ring T.D., Minister for Rural & Community Affairs, from 1 January 2018.
I trust this clarifies the matter for the Deputy.
518. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason the Christmas bonus is not being paid in the case of a person (details supplied) who is in receipt of jobseeker's allowance; and if she will make a statement on the matter. [52979/17]
Amharc ar fhreagraThe person concerned has been in receipt of jobseeker’s benefit since 1/9/17. Jobseeker’s benefit is a short term payment. Only customers in receipt of long term payments qualify for the Christmas bonus.
I trust this clarifies the matter for the Deputy.
519. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason for an alleged overpayment in the case of a person (details supplied); and if she will make a statement on the matter. [52980/17]
Amharc ar fhreagraThe person concerned was assessed with an overpayment of €1,890.00 on her one parent family payment claim for the period 5 January 2017 to 12 July 2017 by a Deciding Officer of the Department. The overpayment resulted due to an undeclared increase in means from employment.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned has been registered in that office. In accordance with the statutory requirement of the appeals process the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal were sought from the Department of Employment Affairs and Social Protection. These papers have been received in the Social Welfare Appeals Office and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and 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.
521. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection the refusal rates for applications for domiciliary care allowance; and if she will make a statement on the matter. [53012/17]
Amharc ar fhreagraThe refusal rates for Domiciliary Care Allowance claims for the last 3 complete years, 2014 to end August 2017 are outlined as follows:
|
Year |
Applications Received |
Approved |
Not approved |
Percentage refused |
|
2014 |
5743 |
3104 |
2062 |
36% |
|
2015 |
6422 |
4186 |
2102 |
33% |
|
2016 |
7434 |
4996 |
1683 |
23% |
|
2017* *To end of August |
5772 |
3801 |
970 |
17% |
522. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason rent supplement has been suspended in the case of a person (details supplied) who has not received payment for October and November 2017; if their case can be reviewed as a matter of urgency with a view to reinstatement of their payment; and if she will make a statement on the matter. [53053/17]
Amharc ar fhreagraThe person concerned was requested to provide the Department with relevant documentation regarding her Rent Supplement claim on 6/9/17. This documentation has not, to date, been received by the Department.
On receipt of same, the rent claim for the person concerned will be re-assessed.
I trust this clarifies the matter for the Deputy.
524. Deputy Bobby Aylward asked the Minister for Employment Affairs and Social Protection the status of an application for a domiciliary care allowance by a person (details supplied); if she will request that every effort is made by the disability allowance section to process this application before Christmas 2017 to provide financial assistance to the family; and if she will make a statement on the matter. [53082/17]
Amharc ar fhreagraAn application for domiciliary care allowance was received from this lady in respect of her two children on 26 September 2017. She was notified on 7 December 2017 that her domiciliary care allowance claim has been awarded for her son.
Further additional information in relation to her daughter’s care needs has been received and will now be considered before a decision is made in her case. She will be notified in writing when a decision is made on this claim.
I hope this clarifies the matter for the Deputy.
525. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the amount provided under the humanitarian assistance scheme; and the amount that has been administered to date in 2017 under the humanitarian assistance scheme. [53106/17]
Amharc ar fhreagraThe Department of Housing, Planning and Local Government is the lead Department for severe weather emergencies and the Office of Public Works has responsibility for capital flood relief activities. However, my Department has an important role to play in assisting households in the immediate aftermath of emergency events such as flooding.
The purpose of the humanitarian assistance scheme is to prevent hardship by providing income-tested financial support to people whose homes are damaged from flooding and severe weather events and who are not in a position to meet costs for essential needs, household items and in some instances structural repair. In 2017, the scheme was recently activated to provide support to householders affected following the flooding in County Donegal in August and in County Laois in November where payments are continuing to be made. There is a time-lag between the flooding event and claims for financial support as the full extent of the damage to homes only becomes known when the flood water abates and the properties dry out.
The scheme is demand-led and by its nature is difficult to predict the expected outturn. Some €500,000 was provided for the scheme in the Revised Estimates for 2017 with an additional €1.34 million made available through the recent Supplementary Estimate process giving a total allocation for 2017 of €1.84 million. Expenditure data shows that to the end of November some €732,000 had been spent under the scheme, which also includes an amount paid for household relocation expenses arising from 2009 flooding events.
I trust this clarifies the matter for the Deputy.
526. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection the benefits that accrue from the contribution of K stamp PRSI payments; if they are counted for pension purposes; and if she will make a statement on the matter. [53170/17]
Amharc ar fhreagraAll workers pay PRSI on their earnings from employment or self-employment. In the case of individuals who have more than one income source, PRSI is generally paid on all forms of income.
Prior to 2013, exemptions from PRSI applied to the self-employed income of specific groups. These exemptions have since been abolished.
Since 2013, modified rate employees contributors (i.e. civil and public servants recruited prior to 1995) who also have earned self-employed income or unearned income over €5,000 per annum are liable to pay PRSI on that income which was previously exempt. This income is liable at the class K rate of 4%. Entitlement to social insurance benefits does not accrue from the payment of this charge.
Since 2014, all employees (in the public and private sector) and occupational pensioners under 66 years, with unearned income only, are liable to pay Class K PRSI on that annual unearned income where it exceeds €5,000. Class K PRSI is charged at 4% and does not give access to social insurance entitlements based on the payment of the charge. Prior to 2014 these employees were exempt from PRSI on such unearned income, which includes rental and investment income, dividends and interest on deposits. This provision applies to all employees, regardless of the PRSI class they pay on their employment income.
All workers pay PRSI on their earnings from employment. If an employee has income from self-employment e.g. taxi driver, farmer etc. he or she also pays PRSI as a self-employed contributor on the profits from, say, the taxi driving plus any other unearned income he or she might have e.g. rental income. The measure to charge class K PRSI on employees who were previously exempt was introduced to ensure equity by ensuring that PRSI is chargeable, regardless of the source of the employee’s additional income.
Employees paying class K PRSI on unearned income can generate entitlement to social insurance benefits based on PRSI they pay on their employment income. Class A employees with unearned income already have access to the full range of social insurance benefits, because of their PRSI class A status. Modified rate employees have access to a limited range of social insurance benefits but have entitlement to generous Exchequer-funded occupational pensions.
527. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection the reason the audits have not been done for a number of community employment schemes in County Tipperary (details supplied); and if she will make a statement on the matter. [53180/17]
Amharc ar fhreagraCommunity Employment (CE) projects operate on annual rolling contracts. The CE project year is divided into 13 four-week pay cycles. As part of the contract, the CE project is given an advance payment at the project commencement (called the Initial Grant) equivalent to 8 weeks' estimated wages to cover the initial wages for the Supervisor and participants (who are paid on a current week basis) and other set-up costs (insurance costs, start-up materials, training etc.). The CE project Sponsor can claim the actual wages paid out in each 4-week cycle at the end of that cycle. The advance payment/Initial Grant is clawed back in tranches over the last 4 cycles. At the end of each CE project contract, the Sponsor must have a record of all financial transactions of the project presented in a coherent manner. These records must be supported by the submission of an independent, professionally certified, audited Statement of Income and Expenditure known as the CE project’s audit. Under the CE procedures the CE project audit is required to be submitted to the Department within four weeks after the finish date of the CE project contract. As the CE project audit is submitted to the Department after the finish date of a CE project contract it does not impact upon the renewal of a CE project contract.
The requirement under the CE Procedures for an annual audit reflects the fact that funding for CE comes from the Exchequer and the Department is answerable to the Government, the Comptroller & Auditor General and the Public Accounts Committee for the administration of this funding. The Cycle 13 payment is withheld pending review of the CE project's submitted audit following which a final balancing payment is issued by the Department.
528. Deputy Eoin Ó Broin asked the Minister for Employment Affairs and Social Protection the date on which Ireland's 15th report on the implementation of the European Social Charter for the period 2013 to 2016 was submitted to the European Committee of Social Rights; and if she will publish that report on her Department's website. [53203/17]
Amharc ar fhreagraIreland’s fifteenth report on the implementation of the European Social Charter was submitted to the European Committee of Social Rights on 31 October 2017.
National reports under the European Social Charter, including those from Ireland, are published on the Council of Europe’s website and are available to view and download at the following link: https://www.coe.int/en/web/turin-european-social-charter/national-reports
It is planned to make Ireland’s fifteenth report available on my Department’s website in line with the publication, on the Council of Europe’s website, of the latest round of national reports submitted under the European Social Charter which is expected in January 2018.
529. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection if persons who were previously self-employed and who moved to carer's allowance can acquire credited contributions for pension purposes similar to PRSI workers who become carers; if not, her plans to amend this in the interests of fairness to those self-employed persons who have to give up work to care for a family member; and if she will make a statement on the matter. [53204/17]
Amharc ar fhreagraThe purpose of credited contributions (credits) is to protect social insurance entitlements by bridging gaps in an employee’s social insurance record, where they are not in a position to pay PRSI, such as for period of unemployment, illness or in receipt of certain payments, including carer’s allowance.
In isolation, credits do not give entitlement to social insurance benefits. In combination with paid PRSI contributions, credits can assist employees qualifying for short-term schemes such as jobseeker’s benefit. Credits may also enhance the level of benefit for long-term schemes such as the level of payment of State pension contributory (SPC), but only where the individual has already met the condition relating to the minimum number of paid contributions.
To qualify for credits an individual must satisfy entitlement to the credits scheme. While there are no self-employed credits, individuals who were previously employed can access the scheme in the same manner as other workers, subject to meeting the conditions of the scheme. In general credits can only be awarded where an individual has had a recent attachment to the workforce as an employee i.e. within the last 2 years. Therefore credits are not automatically awarded to all recipients of carer’s allowance.
Individuals who are caring on a full-time basis, including those in receipt of carer’s allowance may, however, qualify for the homemaker’s scheme. The homemaker’s scheme is designed to help homemakers and carers to protect their SPC entitlement, and applies to homemaking periods since 6 April 1994. It applies to the self-employed on the same basis as it does to other workers.
The homemaker’s scheme provides that years spent working in the home while caring on a full-time basis for a child up to 12 years of age or an incapacitated person age 12 or over will be disregarded in calculating a person's yearly average number of contributions for the purposes of determining the rate of their entitlement to SPC. In this way the homemaker’s scheme ensures that an individual’s entitlement to SPC is protected during periods spent caring.
As credits impact on social insurance entitlements, extending credits would have financial implications for the cost of paying social insurance benefits. Such an extension would have to considered in the Budgetary context of what additional costs would arise and how such costs could be met.
530. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection when the overhaul of the PRSI contribution assessment for pension entitlement, including averaging of contributions, will be carried out; when it is likely to be completed; and if she will make a statement on the matter. [53205/17]
Amharc ar fhreagraThe National Pensions Framework proposed that a total contribution approach should replace the yearly average approach to the calculation of the State Pension (contributory). Under this approach, the rate of pension paid would more closely reflect the total number of Social Insurance contributions made by a person throughout her or his working life and the incongruities of the Yearly Averaging method of calculating entitlement would be removed.
It is expected that this approach to pension qualification will replace the current one from 2020. I intend that its design will include significant homemaker’s provisions to assist those pensioners who spent considerable periods caring for their children, or caring for adults with a caring need.
A proposal for the precise method of how the Total Contributions Approach will be implemented is currently being finalised by officials in my Department, having recently received the Actuarial Review of the Social Insurance Fund. When this has been completed, I intend to consult with relevant stakeholders before a decision is made on the final proposal by Government. That proposal will then be subject to the legislative process, and which may result in further changes.
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.
531. Deputy Charlie McConalogue asked the Minister for Housing, Planning and Local Government the nitrates derogation for farmers and the revised nitrates action programme post-2021. [52778/17]
Amharc ar fhreagraThe European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014, as amended, give legal effect in Ireland to the Nitrates Directive and to our Nitrates Action Programme (NAP).
In accordance with the Nitrates Directive, Ireland’s Nitrates Action Programme is due for review this year. Negotiations with the European Commission with a view to having a revised Nitrates Action Programme for 2018-2021 in place by the end of 2017 are at an advanced stage.
It would be inappropriate to anticipate any outcomes of the current review process of the Nitrates Action Programme for 2018-2021 in advance of its conclusion. It is not possible to comment on any possible Regulations post 2021 as the review process that would lead to a post-2021 Nitrates Action Plan would not commence until 2020 at the earliest.
