Written Answers Nos. 167-186
167. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection when the Employment (Miscellaneous Provisions) Bill 2017 will be on the Dáil Éireann Order Paper for Second Stage reading; and if she will make a statement on the matter. [3514/18]
Amharc ar fhreagraI hope to have the Bill taken at Second Stage on the week commencing the 13th February, subject to the agreement of the House Business Committee.
The Bill is an important piece of legislation with a particular focus on low-paid and precariously employed workers. The key objective of the Bill is to improve the security and predictability of working hours for employees on insecure contracts and those working variable hours. I am looking forward to working with colleagues on all sides of the House to progress this Bill as expeditiously as possible.
168. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the status of the report into bogus self employment; and if she will make a statement on the matter. [3522/18]
Amharc ar fhreagraThe classification of a worker for PRSI purposes is increasingly complicated by ‘disguised –employment’, such as intermediary employment structures and certain self-employment arrangements. These mechanisms can be used to reduce the amount of PRSI and tax being paid, with a subsequent loss to the exchequer and the social insurance fund.
An interdepartmental working group, comprising officials from the Department of Employment Affairs and Social Protection, the Department of Finance and the Revenue Commissioners, has completed a report on this matter. The working group sought the views of interested parties and stakeholders through a public consultation with interested parties, including employers, trade unions, professional bodies and individuals. I am considering the report with my colleague, the Minister for Finance, with a view to its publication shortly.
My Department’s Scope insurability section determines the employment status and the correct class of social insurance for workers. Where misclassification of workers as self-employed is detected, the correct status and class is determined and social insurance arrears are collected as required. Any worker who has concerns about their social insurance status should contact the Scope insurability section.
169. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the number of persons that received statutory paternity benefit in 2017. [3525/18]
Amharc ar fhreagraPaternity benefit provides a payment in respect of two weeks paternity leave to be taken within 26 weeks of the birth of the baby. During the 2017 year, 26,139 people availed of this leave and were awarded paternity benefit.
170. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection if the Citizens Information service can take over the running of a service (details supplied); and if she will make a statement on the matter. [3535/18]
Amharc ar fhreagraThe Citizens Information Board (CIB) under the aegis of my Department is responsible for supporting the provision of information, advice (including money advice and budgeting) and advocacy on a wide range of public and social services. The Citizens Information Board delivers on this remit through direct provision, by supporting a network of delivery partners, and by funding targeted projects.
I am informed by CIB that the information service operating in Edenmore Shopping Centre is provided by an organisation linked to Northside Partnership Ltd.
Northside Partnership Ltd has approached the Citizens Information Board to discuss the provision of an outreach information service in Edenmore, when that service ceases operation.
Following discussion with the two Citizens Information Services ( CIS) in proximity to the Edenmore area (North Bay and Northside CIS), CIB has confirmed that each of those services have agreed to provide an outreach information service at Edenmore two mornings per week, which will result in a service being available four mornings per week in Edenmore.
I hope this clarifies the matter for the Deputy.
171. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection her plans to reverse the 2012 changes to the State pension (contributory); and if she will make a statement on the matter. [3551/18]
Amharc ar fhreagraOn the 23rd January, the Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated by a new “Total Contributions Approach” (TCA) which will include up to 20 years of a new HomeCaring credit. This approach is expected to significantly benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. It will make it easier for pensioners assessed under the yearly average model, to qualify for a higher rate of the State Pension (contributory). The TCA will ensure that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines a final pension outcome.
The new TCA with substantial HomeCaring credits will be available to all people who reached pension age after 1st September 2012, when the revised rate bands took effect.
Under the new arrangements a person who has a 40 year record of paid and credited social insurance contributions, subject to a maximum of 20 years of the new HomeCaring credits, will qualify for a maximum contributory pension where they satisfy the other qualifying conditions for the scheme.
The new TCA for pensioners assessed under the 2012 rate band changes, comes into effect from the 30th March 2018. The Department will invite over 40,000 pensioners, currently assessed under the 2012 rate band changes, to have their pensions recalculated under TCA to determine if they qualify for a higher rate of entitlement. However, as it will take time to design and set up administrative processes, and the necessary IT systems, the Department expects to send out the invitations from Q4 2018 and to begin payments, including arrears for any period from 30th March 2018, from Q1 2019.
I hope this clarifies the matter for the Deputy.
172. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if a person who completes a 52 week programme for JobPath that has failed to find employment can be referred back to the JobPath programme for a further 52 weeks; and if she will make a statement on the matter. [3552/18]
Amharc ar fhreagraAll Jobseekers on the live register must be capable of available for and actively seeking full time employment, they are also required to engage with the Department’s activation services. The Social Welfare (Consolidated) Act 2005, as amended, specifies that participation in activation meetings is mandatory.
JobPath is provided for long term unemployed jobseekers only and those referred are chosen by means of a random selection process. Protocols for selection currently preclude the selection of anyone who has already completed 52 weeks on the JobPath programme within the previous four months.
If, at the end of this four month period the jobseeker is not engaged with one of the other activation supports and services, they then become eligible for selection for a second referral to the JobPath service.
Jobseekers who are referred for a second time will have already achieved progress during their previous engagement, their personal advisor will assist them to agree a new personal progression plan which will build further on that progress with the aim of moving from jobseeker’s support to sustainable employment.
I trust this clarifies matters for the Deputy.
173. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if a person that had been placed under sanction for non-compliance with the JobPath programme can be served with consecutive sanctions; if a person under sanction can be immediately sanctioned after serving a previous sanction; if not, if there is an appeal process or sanction notice that must be issued first; and if she will make a statement on the matter. [3554/18]
Amharc ar fhreagra174. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if she will publish the policy and guidelines for the issuing of sanctions regarding JobPath; and if she will make a statement on the matter. [3562/18]
Amharc ar fhreagraI propose to take Questions Nos. 173 and 174 together.
Penalty Rates are a legal provision within the Jobseeker schemes to ensure that the Department can achieve compliance with Government Activation Policy as stated in Pathways to Work. Activation measures include the requirement to attend group or individual meetings, and/or avail of suitable education, training or development opportunities, or specified employment programmes, which are considered appropriate to a person’s circumstances.
Legislation provides that sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer where recipients of jobseeker payments fail, without good cause, to comply with activation measures. Reduced rates are only applied where a jobseeker fails to engage as requested, and following at least two warnings, with the Department’s employment services.
Instructions in the application of penalty rates state that after a minimum of 21 calendar days (3 weeks) on a Penalty Rate, where the client continues to refuse, without good cause, to attend after further notice has been given, the activation 9-week disqualification from Jobseeker’s Benefit/Allowance will be applied.
Where an activation 9-week disqualification has been applied, and the client continues to fail to engage, without good cause, in the activation process, the question as to whether the person satisfies the basic conditions for entitlement to JA or JB arises, and their Jobseeker claim may be reviewed. During the 9 weeks, the disqualification may be lifted at any time if the person engages in the activation process.
If at the end of the 9-week disqualification period the client continues to fail to re-engage, the Penalty Rate must be reapplied for a further 21 calendar days (3 weeks) before a further 9-week disqualification can be applied. In all circumstances, advance written notice must be given. Legislation does not allow for any one period of disqualification to exceed 9 weeks or consecutive 9-week disqualifications.
The Jobseeker can appeal the Deciding Officer’s decision for reduced rate penalties and for a 9 week disqualification, through the Social Welfare Appeals Office (SWAO).
JobPath providers do not apply or recommend the application of a penalty rate of payment. They simply advise the Department if a jobseeker is failing to attend activation meetings. Officials in the Department then contact the Jobseeker and seek to arrange a meeting to discuss the matter directly with them. The application of penalty rates for all clients is entirely a matter for the Department and officials involved will take all relevant factors into account.
175. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection her plans to reform the pension system which is currently perceived to discriminate against persons, mainly women, who took time out of the workforce prior to 1994 to care for children or elderly relatives; and if she will make a statement on the matter. [3608/18]
Amharc ar fhreagraOn the 23rd January, the Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated by a new “Total Contributions Approach” (TCA) which will include up to 20 years of a new HomeCaring credit. This approach is expected to significantly benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. It will make it easier for pensioners assessed under the yearly average model, to qualify for a higher rate of the State Pension (contributory). The TCA will ensure that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines a final pension outcome.
The new TCA with substantial HomeCaring credits will be available to all people who reached pension age after 1st September 2012, when the revised rate bands took effect.
Under the new arrangements a person who has a 40 year record of paid and credited social insurance contributions, subject to a maximum of 20 years of the new HomeCaring credits, will qualify for a maximum contributory pension where they satisfy the other qualifying conditions for the scheme.
The new TCA for pensioners assessed under the 2012 rate band changes, comes into effect from the 30th March 2018. The Department will invite over 40,000 pensioners, currently assessed under the 2012 rate band changes, to have their pensions recalculated under TCA to determine if they qualify for a higher rate of entitlement. However, as it will take time to design and set up administrative processes, and the necessary IT systems, the Department expects to send out the invitations from Q4 2018 and to begin payments, including arrears for any period from 30th March 2018, from Q1 2019.
I hope this clarifies the matter for the Deputy.
176. Deputy James Browne asked the Minister for Employment Affairs and Social Protection when a carer's application will be considered in relation to a person (details supplied) in need of full time care; and if she will make a statement on the matter. [3633/18]
Amharc ar fhreagraAn application for carer's allowance (CA) was received from the person concerned on 24 July 2017. It is a condition for receipt of a CA that the person being cared for must have such a 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 continual supervision in order to avoid danger to him or herself.
The evidence submitted in support of this application was examined and it was decided that it did not indicate that the requirement for full-time care was satisfied. The person concerned was notified on 24 October 2017 of this decision, the reason for it and of her right of review and appeal.
The person concerned requested a review and submitted additional evidence in support.
The outcome of this review is that the application was awarded to the person concerned on 22 January 2018, with effect from 27 July 2017, and the first payment will issue to her nominated post office on 1 February 2018.
Arrears of allowance due from 27 July 2017 to 31 January 2018 will also issue shortly.
The person concerned was notified on 22 January 2018 of this revised decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
177. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the position in relation to an application for a carer’s allowance by a person (details supplied); and if she will make a statement on the matter. [3637/18]
Amharc ar fhreagraCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a person who has such a disability that they require that level of care.
An application for CA was received from the person concerned on 29 November 2017. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
178. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government when Navan, Trim, Athboy, Enfield, Oldcastle, Castlepollard and Delvin will become eligible to qualify as rent pressure zones. [3533/18]
Amharc ar fhreagra181. Deputy Fergus O'Dowd asked the Minister for Housing, Planning and Local Government if he will direct the Residential Tenancies Board to extend the rent pressure zone to all of County Louth in view of the rent increases; and if he will make a statement on the matter. [3567/18]
Amharc ar fhreagraI propose to take Questions Nos. 178 and 181 together.
Section 24A of the Residential Tenancies Acts 2004-2016 sets out the procedure for the Minister to prescribe, by order, an area as a Rent Pressure Zone. It provides that the Housing Agency, in consultation with the relevant housing authority, may make a written proposal to the Minister that an identified area be prescribed as a Rent Pressure Zone. Within 1 week of receipt of such a proposal, the Minister shall request the Director of the Residential Tenancies Board (RTB) to furnish him, within 2 weeks, with a rent zone report on whether the proposed area satisfies the criteria specified in subsection 24A(4) for designation as a Rent Pressure Zone.
The criteria to be satisfied by an area under section 24A(4) of the Residential Tenancies Acts for designation as a Rent Pressure Zone are as follows:
(a) the information relating to the area, as determined by reference to the information used to compile each RTB Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7% in each of at least 4 of the 6 quarters preceding the period immediately prior to the date of the Housing Agency's proposal.
(b) the average rent for the area in the last quarter, as determined by reference to the information used to compile each the RTB Rent Index quarterly report, is above the average national rent (commonly referred to as the Rent Index national standardised rent) in the last quarter.
Therefore, the annual rate of rent inflation in the area must have been 7% or more in four of the last six quarters; and the average rent for tenancies registered in the area with the RTB in the last quarter must be above the Rent Index national standardised rent in the last quarter.
A Rent Pressure Zone calculator is available on the Residential Tenancies Board website at https://www.rtb.ie/rent-pressure-zones/rpz-calculator, to assist landlords and tenants in determining if their dwelling is in a Rent Pressure Zone and to calculate the maximum rent amount permitted for their dwelling.
The Housing Agency will continue to monitor the rental market and may recommend further areas for designation. Where, following the procedures set out in the Act, it is found at a future date that additional areas meet the criteria, they will be designated as Rent Pressure Zones.
The RTB's news page on its Rent Index at the following link - https://onestopshop.rtb.ie/news/latest-data-from-rtb-quarterly-rent-index-q3-2017/ - provides access to the most recent RTB Rent Index quarterly report (for Q3 2017) and summarises its key findings. Information is also provided as part of the RTB's education and awareness campaign relating to Rent Pressure Zones.
Table 9 in the RTB Rent Index Quarterly Index Report illustrates the recent rent changes at Local Electoral Area (LEA) level. The Table outlines for each LEA the number of quarters within the last 6 Quarters where the annualised rent increases have been greater than or equal to 7% and how rent levels in each LEA compares to the Rent Index national standardised rent.
179. Deputy Catherine Connolly asked the Minister for Housing, Planning and Local Government the number of properties acquired under the relevant legislation, including the Housing Act 1966 and the Derelict Sites Act 1990, in each of the past five years, by county, in tabular form; and if he will make a statement on the matter. [3549/18]
Amharc ar fhreagraThe specific information requested by the Deputy is not collected by my Department. However, the following information has recently been received from local authorities on the number of homes - as distinct from other properties and sites - acquired by compulsory purchase order under the relevant legislation in respect of the years 2013-2017, and is set out in the table.
It should be noted that these figures include the compulsory purchase of dwellings for housing purposes as well as for other purposes, including the provision of roads.
|
Local Authority |
Number of homes acquired by CPO 2013-2017 |
|
Carlow |
16 |
|
Cavan |
0 |
|
Clare |
5 |
|
Cork City |
4 3 further homes are with An Bord Pleanála for CPO decision in January 2018 |
|
Cork County |
2 |
|
Dun Laoghaire Rathdown |
No return |
|
Donegal |
No return |
|
Dublin City |
11 |
|
Fingal |
0 |
|
Galway City |
3 |
|
Galway County |
0 |
|
Kerry |
2 |
|
Kildare |
4 |
|
Kilkenny |
0 |
|
Laois |
0 |
|
Leitrim |
0 |
|
Limerick |
4 |
|
Longford |
0 |
|
Louth |
46 |
|
Mayo |
2 |
|
Meath |
0 |
|
Monaghan |
20 Some of the properties acquired are not capable of immediate accommodation without significant refurbishment. The Council is preparing to convert some into social housing and offer the remainder for sale. |
|
Offaly |
No return |
|
Roscommon |
2 |
|
Sligo |
16 |
|
South Dublin |
10 |
|
Tipperary |
0 |
|
Waterford |
1 Another 1 is currently with An Bord Pleanála for CPO decision. |
|
Westmeath |
0 |
|
Wexford |
2 |
|
Wicklow |
3 |
180. Deputy John Brassil asked the Minister for Housing, Planning and Local Government his plans to remove the power of An Bord Pleanála to disregard local county development plans when the local county development plan has been written and is keeping in line with national planning guidelines; and if he will make a statement on the matter. [3550/18]
Amharc ar fhreagraIn cases on appeal, where a planning authority has refused to grant permission for a proposed development because it would contravene materially the local development plan, and in certain cases where planning applications are made directly to An Bord Pleanála (the Board), the Board may, under the provisions of the Planning and Development Act 2000, as amended (the Planning Act), grant planning permission for proposed development that materially contravenes the development plan in specified circumstances only. In this scenario, the Board is required to indicate in its decision its main reasons for doing so.
In this regard, it should be noted that, in making determinations on planning appeals or applications, the Board is required to have regard to not only the local development plan, but also to planning guidelines issued by the Minister for Housing, Planning and Local Government, as well as to other relevant Government policies. Development plans are generally drafted and adopted in accordance with national policies and planning guidelines which are current at the time of their adoption. However, there can be instances where new Government policies are adopted after the adoption of a development plan, thereby superseding specific local policies in the development plan, and which consequently the Board is required to have regard to in the determination of planning appeals or applications before it. This can result in the Board attaching greater significance to new and updated Government policy than to a development plan objective that may have been adopted a number of years ago, thereby resulting in the contravening of the development plan in making its determination on a planning appeal or an application by the Board.
In the circumstances, I have no proposals to amend the existing relevant provisions of the Planning Act.
182. Deputy Denise Mitchell asked the Minister for Housing, Planning and Local Government when the process of monitoring and inspecting accommodation for homeless families will begin; if this inspection regime will be independent; and if commercial premises being used to provide homeless accommodation will be inspected. [3574/18]
Amharc ar fhreagraMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities. This includes operational issues such as ensuring that contracted services are delivered in a professional manner, that inspections take place and that homeless families/individuals can report issues to the relevant authority. In this regard, the Dublin Region Homeless Executive (DRHE) has been overseeing the development of a quality standards framework.
The DRHE has been coordinating the development of these standards in consultation with an advisory group which includes representation from various housing authorities, service providers, Tusla, clients and other stakeholders, with a view to having the finalised standards adopted on a national basis by individual housing authorities. The draft standards have been piloted in a number of selected services across the country and positive feedback has been received. I understand that the DRHE are preparing a final draft quality standards framework for formal submission to my Department. Upon receipt, along with any recommendations with regard to implementation from the DRHE and the advisory group, I will give consideration to how such standards could be applied on a national basis by housing authorities.
183. Deputy Denise Mitchell asked the Minister for Housing, Planning and Local Government the number of families that were placed in family hubs in 2017; and the number of these families that have left family hubs for other accommodation. [3587/18]
Amharc ar fhreagra184. Deputy Denise Mitchell asked the Minister for Housing, Planning and Local Government the number of families in family hubs; and the length of time these families have spent in family hubs, in tabular form. [3588/18]
Amharc ar fhreagra185. Deputy Denise Mitchell asked the Minister for Housing, Planning and Local Government the number of families that have been in family hubs for periods of more than three and six months respectively, in tabular form. [3589/18]
Amharc ar fhreagraI propose to take Questions Nos. 183 to 185, inclusive, together.
It is recognised that hotel accommodation is inappropriate for accommodating homeless families for anything other than a short period of time. Accordingly, the Rebuilding Ireland Action Plan for Housing and Homelessness includes the objective that hotels should only be used as emergency accommodation for families in limited circumstances. To meet this objective, in addition to providing for long-term housing needs, a number of housing authorities are delivering enhanced family-focused facilities, or family hubs.
There are now more than 430 units of family accommodation in operational hub facilities. Further facilities will become operational during the course of 2018. These hubs offer a greater level of stability than is possible in hotels, while move-on options to long-term independent living are identified and secured.
The specific data sought in the Question is not available in my Department, and is a matter for the relevant housing authorities. Notwithstanding this, I understand that the housing authorities and service providers concerned are working hard to ensure the progression of homeless families into independent tenancies, as quickly as possible.
186. Deputy Fergus O'Dowd asked the Minister for Housing, Planning and Local Government the number of persons in hotel accommodation and bed and breakfast accommodation in each of the past three years in counties Louth and Meath, by location; and if he will make a statement on the matter. [3597/18]
Amharc ar fhreagraOfficial homeless reports are published on my Department's website on a monthly basis and can be accessed using the following link: http://www.housing.gov.ie/housing/homelessness/other/homelessness-data.
These reports include a breakdown based on accommodation type at the regional level. Commercial hotels and B&Bs are included within the private emergency accommodation (PEA) category as are other commercially provided emergency accommodation arrangements. Specific figures for hotels or B&B usage in counties Louth and Meath are not available in my Department.
