Written Answers Nos 928-944
928. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the new procedure for calculation of the State pension (contributory) entitlement with particular reference to self employed with or without business partnerships but may have shared responsibilities; and if she will make a statement on the matter. [11838/18]
Amharc ar fhreagraA policy to introduce the Total Contributions Approach (TCA) to pensions calculation was adopted by Government in the National Pensions Framework in 2010, as was the decision to base the entitlements of all new pensioners on this approach from around 2020. The Government has announced its intention to proceed with that policy in its recently published Roadmap for Pensions Reform. To that end, and to inform the final design of the system, a public consultation will be conducted later this year, and the necessary legislative, technical and administrative arrangements will be determined and developed thereafter.
The Government also announced in January that those affected by the 2012 rateband changes will also have the option of availing of a TCA-based pension, if it is to their advantage. The TCA model being made available to them will award a maximum rate pension for those with 40 years contributions (including up to 20 years HomeCaring credits), and pro-rata payments for those with fewer contributions. Up to 10 years ordinary credits (e.g. for Jobseekers or Illness Benefit) may also be used, subject to the total number of HomeCaring and ordinary credits not exceeding 20 years.
Where a person has been in self-employment from the introduction of compulsory Class S contributions from 1988 until reaching State pension age, they may already receive a maximum rate State pension contributory, subject to meeting the general conditions for payment. If not, they may still benefit from the new TCA arrangements, depending on their circumstances.
The main focus of this reform has been to reward those who either made contributions into the Social Insurance Fund, or to recognise the contribution of those who took time out of the workforce for caring duties. If someone made very little of either such contributions, and if their means are such that they would not qualify for a 95% state pension non-contributory (e.g. if they have substantial private or occupational pensions), they may benefit more from existing arrangements.
The new system for calculation of a person’s rate of pension does not impact upon whether a person was liable for PRSI during a particular period. If they have paid the required contributions at a reckonable rate – including Class S – they will be used in the calculation of their entitlements. If they do not, that will remain unchanged by this reform.
I hope this clarifies the matter for the Deputy.
929. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for family income supplement by a person (details supplied); and if she will make a statement on the matter. [11844/18]
Amharc ar fhreagraWorking Family Payment (formerly Family Income Supplement) is a weekly tax free payment which provides additional income support to employees on low earnings with children.
An application for Working Family Payment (WFP) was received from the person concerned on 23rd January 2018 and assigned to a Deciding Officer (DO) on 29th January 2018.
However, the application was referred to a local Social Welfare Inspector (SWI) by the DO for clarification on 30th January 2018 as it was not possible to establish entitlement.
WFP Section is currently awaiting a response from the SWI on this matter.
On receipt of the completed SWI and subsequent Scope report, a Deciding Officer will assess the WFP application promptly and the person concerned will be notified of the decision in writing.
I trust this clarifies the matter for the Deputy.
930. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the criteria when applying for a social services card (details supplied); and if she will make a statement on the matter. [11847/18]
Amharc ar fhreagraA Public Services Card (PSC) may be issued to a person who has successfully completed a SAFE 2 registration. As part of the SAFE registration process, a person’s identity is verified, usually by means of acceptable photographic ID.
Where an Irish citizen person does not have acceptable photographic ID, their identity may be verified by means of an interview process.
ML10 forms are issued in certain circumstances by a Garda for use by financial organisations for anti-money laundering purposes. However, the form is not, in itself, acceptable as evidence of identity for the purposes of SAFE registration.
I hope this clarifies the matter for the Deputy.
931. Deputy Dara Calleary asked the Minister for Employment Affairs and Social Protection the number of persons holding Civil Service positions above clerical officer grade in her Department who entered the Civil Service via a route other than through an open competition run by the Public Appointments Service or its predecessors; the grades of each; and the basis for the non-standard recruitment. [11857/18]
Amharc ar fhreagraThe following is the position with regard to civil service appointments to my Department via a route other than the Public Appointments Service (PAS):
1. I have appointed two Special Advisers, at the grade of Principal, in accordance with the Public Service Management Act, 1997 and the Guidelines on Staffing of Ministerial Offices issued by the Department of Public Expenditure and Reform.
2. My Department runs two annual internship programmes which are advertised in participating colleges. Up to nine interns are assigned to the Information Systems Internship Programme and up to four are assigned to the Data Science/Statistics Internship Programme. The programmes run for six and nine months respectively and the interns are assigned at the Executive Officer grade. An excluding order in respect of each of these appointments has been made by the Commission for Public Service Appointments under the Public Service (Management and Recruitment) Act 2004.
932. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection the directions provided for the payment of staff in the public sector and Civil Service who fall under the direction of her Department for the days during Storm Emma when staff were directed to stay at home; if deductions in pay and annual leave were made to staff in the public sector or Civil Service as a result of days lost during the storm; and if she will make a statement on the matter. [11874/18]
Amharc ar fhreagraIn responding to the recent severe weather event my Department sought to continue to deliver essential services where possible, subject at all times to the need to protect the safety of staff and customers. In deciding on office closures due regard was had to the advice of the National Emergency Coordination Group.
I can assure the Deputy that where offices were closed and staff were directed to stay at home no deduction of pay occurred and staff were not required to take annual leave.
933. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection if a payment of benefit has been approved in the case of a person (details supplied). [11886/18]
Amharc ar fhreagraThe person concerned submitted an application for disability allowance (DA) on 6 September 2017. Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that this gentleman was substantially restricted in taking up employment.
The person concerned was notified in writing of this decision on 30 November 2017 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).
To date no request for an appeal or review has been received from this gentleman.
I trust this clarifies the matter for the deputy.
934. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection her views on the outcome of the High Court case which found her Department to be acting illegally in sanctioning persons for refusing to sign a contract with a private company, namely Turas Nua and Seetec. [11892/18]
Amharc ar fhreagraThe recent court proceedings whereby an individual sought leave for judicial review to challenge decisions taken by my Department were refused by the High Court in the judgment delivered on 26th January 2018. I want to emphasise to the Deputy that there are no recent court decisions which have implications for the application of penalty rates by my Department and there is no basis for the contention, whatsoever, that my department is acting illegally in sanctioning people for refusing to sign a contract.
I also want to emphasise that Jobseekers are not required to sign a contract with JobPath service providers. Jobseekers are asked to complete and sign a Personal Progression Plan (PPP). A PPP is a crucial element of each jobseeker’s engagement with any of the Department’s activation services; generally the PPP will be an evolving document throughout the person’s engagement period as they develop employment related skills and competencies or job related experience from short periods of employment.
The primary goal of the Department’s activation services is to move people from unemployment to full-time and sustained employment. All jobseekers are required to engage with the Department’s activation service and this obligation applies irrespective of whether the service is provided by the Department’s own case officers or those advisors employed by external contractors such as the JobPath providers. Failure to engage without good cause may result in the jobseeker’s payment being reduced or temporarily suspended.
Legislation provides that sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer employed by my Department 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.
I want to emphasise that personnel employed by the JobPath providers do not apply or recommend the application of a penalty rate of payment. They simply advise my Department if a jobseeker is failing to attend activation meetings. Officials in my Department will then contact the jobseeker to arrange a meeting to discuss the matter directly with them.
All decisions on the application of reduced rates of payment can only be made by a Deciding Officer of the Department and are based on all the available evidence and the circumstances of each case.
The legislation underpinning the application of reduced rates of payment is provided for in the Social Welfare Act 2010 and the jobseeker can appeal the Deciding Officer’s decision through the Social Welfare Appeals Office (SWAO).
I trust this clarifies matters for the Deputy.
935. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection her views on the closure of a company's (details supplied) defined benefit pension scheme; her plans to take action on same; and if she will make a statement on the matter. [11917/18]
Amharc ar fhreagra936. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the steps she will take to safeguard workers' defined benefit pension schemes; the further steps she will take to prevent solvent companies walking away from their obligations to their employees in defined benefit pension schemes; and if she will make a statement on the matter. [11918/18]
Amharc ar fhreagraI propose to take Questions Nos. 935 and 936 together.
The Deputy will appreciate that I cannot comment on issues relating to a particular pension scheme. However, generally speaking, trustees of pension schemes have duties and responsibilities under the Pensions Act, under trust law, and under other relevant legislation.
They must administer the trust in accordance with the law and the terms of the trust deed and rules. The provisions of the Pensions Act are enforced by the Pensions Authority so any issues or complaints in relation to a particular scheme should be notified to the Authority for action. The Pensions Authority will assess if there has been a breach of any legal obligations and take any necessary action if such a breach is found.
The Roadmap for Pensions Reform, which was published recently by the Government, details specific measures that will modernise our pension system. It sets out under Strand 4, ‘Measures to Support the Operation of Defined Benefit Schemes’, that the Government is committed to advancing the Social Welfare, Pensions and Civil Registration Bill 2017 to respond to the ongoing difficulties in DB schemes and to increase protections for members as well encouraging employers to ensure that schemes are well funded and managed.
As the Deputy is aware, the General Scheme of the Social Welfare and Pensions Bill 2017 (now the Social Welfare, Pensions and Civil Registration Bill 2017), was published in May 2017 and contained a number of key measures relating to DB pension schemes. These proposed provisions will ensure that an employer cannot “walk away” at short notice from the pension scheme it is supporting. They seek a middle road between the current position where employers can abandon DB schemes and full and immediate debt on employer provisions. The measures will act to support existing provisions in the Pensions Act and will provide for further protection for scheme members’ benefits and enhance employer responsibilities for their schemes.
These provisions are quite technical and complex. Work to finalise them is at an advanced stage and I hope to be in position to bring forward the amendments at Committee Stage in the near future.
I hope this clarifies the matter for the Deputy.
937. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection the location from which a HAP applicant can redeem the full cost of rent which they have had to borrow in order to pay the rent while the HAP application is being processed (details supplied); and if she will make a statement on the matter. [11927/18]
Amharc ar fhreagraThe Housing Assistance Payment (HAP) scheme is administered by Local Authorities and overall policy responsibility for HAP rests with my colleague the Minister for Housing, Planning and Local Government. Matters relating to the processing times for HAP applications and the payment of arrears are primarily a matter for that Department.
Notwithstanding this, I understand that arrears may be paid in cases where a housing need assessment is complete; the applicant is accepted on the social housing list and a valid HAP application is received by the Local Authority.
I suggest that this matter is clarified with the Department of Housing, Planning and Local Government.
938. Deputy Pat Breen asked the Minister for Employment Affairs and Social Protection when an application for a living alone allowance by a person (details supplied) will be processed; and if she will make a statement on the matter. [11930/18]
Amharc ar fhreagraThis lady has had her Living Alone Allowance (LAA) re-instated with effect from 17 January 2018. The first payment will be made to her preferred payment method on 21 March 2018.
Arrears of payment due have issued to the person concerned.
I trust this clarifies the matter for the Deputy.
939. Deputy Donnchadh Ó Laoghaire asked the Minister for Employment Affairs and Social Protection her plans to introduce public services cards with the ability to store biometric data; and, if so, the legislation underpinning same. [11971/18]
Amharc ar fhreagraMy Department is implementing SAFE 2 registration on a phased basis with its customers and customers of other public services that require identity verification to a substantial level of assurance. It is a standard for establishing and verifying an individual’s identity for the purposes of accessing public services which was agreed by the Government in 2005
During SAFE registration, personal data is collected to ensure that a person’s identity is verified and recorded. Once a person has been registered to a substantial level of assurance known as SAFE level 2, a Public Services Card (PSC) can issue.
The legislative provisions relating to SAFE registration are set out in the Social Welfare Consolidation Act, 2005 (as amended) as follows:
- Sections 262 and 263B provide for the verification of identity to facilitate the issuing and use of a Personal Public Services Number (PPS Number or PPSN);
- Sections 263, 263A and 263B provide for the verification of identity to facilitate the issuing, use and cancellation of a Public Services Card (PSC);
- Section 241 provides that a person must satisfy the Minister to his/her identity when making a new claim and sets out how that can be done; and
- Section 247C provides that an existing claimant must satisfy the Minister to his/her identity, sets out how that can be done, and provides for disqualification where an existing claimant fails to so do.
Biometric data is information about human body characteristics, such as fingerprints, eye retinas and irises, voice patterns, facial patterns and hand measurements and it is typically used for authentication purposes.
While the PSC does store a person’s photograph, it does not store the biometric or arithmetic template of that photograph.
My Department has no plans to increase its identity verification requirements to level above SAFE level 2. Any such increase would have to be provided for in legislation that would have to be debated in, and passed by, the Oireachtas.
I hope this clarifies the matter for the Deputy.
940. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will be made on a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [11975/18]
Amharc ar fhreagraAn application for carer's allowance was received from the person concerned on 27 November 2017 in respect of two care recipients.
The application was awarded to the person concerned on 8 March 2018 and the first payment is due to issue to their nominated bank account on 29 March 2018.
Arrears of allowance due from 30 November 2017 to 28 March 2018 will issue in shortly.
The person concerned was notified on 8 March 2018 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
941. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of post offices that did not have sufficient funds to make payments to social welfare recipients during Storm Emma; and if she will make a statement on the matter. [11997/18]
Amharc ar fhreagraThe provision of payments is a critical function of the Department for Employment Affairs and Social Protection. My Department has robust contingency plans in place to ensure the minimisation of any disruption which would impact on our ability to make payments to our customers. My Department is also represented on the National Emergency Coordination Group (NECG) with a view to ensuring a whole of Government coordinated response to evolving emergency situations.
Officials of the Department actively maintain a Payment Loss Incident Management Plan and this was activated when it became apparent that severe weather disruption as a result of Storm Emma was imminent. Accordingly arrangements were put in place with An Post to make early payments so that as many clients of the Department as possible could receive their payments before the severe weather arrived.
During the severe weather, Department officials were in continual communication with An Post to monitor the progress of payments and to ascertain details of any disruption. Regular updates were also provided to the public on the Department’s website, social media and via the NECG.
The severity of Storm Emma caused significant disruption to the post office network. For the duration of the Status Red Alerts all affected post offices were closed. In some case offices were unable to open at all or operated with restricted opening times due to health and safety considerations for both customers and staff. Communications between An Post headquarters and some post offices were also affected.
The national alert did cause additional logistical issues in a small number of post offices, including disruptions to regular cash deliveries. Some offices had problems at varying times during the one day but were open at other times during the same day. Given the variety of issues post offices had to deal with, e.g. power outages, staff unable to attend, communications difficulties, temporary cash shortages, it is not possible to provide a precise figure for the relatively small number of post offices where Social Welfare payments were delayed.
The vast majority of post offices were able to re-open once the alert had passed and were able to handle day-to-day payments to Social Welfare customers with the minimum of disruption. As Minister for Employment Affairs and Social Protection, I wish to put on record my appreciation of the extra efforts made by staff in post offices across the State during the adverse weather conditions.
942. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will address a matter (details supplied) regarding supports for carers; and if she will make a statement on the matter. [12137/18]
Amharc ar fhreagraThe fuel allowance is a payment of €22.50 per week for 27 weeks from October to April, to over 365,000 low income households, at an estimated cost of €227 million in 2018. The purpose of this payment is to assist these households 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 Government values the role of carers very much and it is for this reason that they receive significant income supports from the Department. In addition to carer’s allowance, carers receive additional support in the form of free travel and household benefits (for those who live with the person for whom they care) and the annual respite care grant in respect of each person for whom they care.
If a person is getting certain qualifying social welfare payments and also providing full time care and attention to another person, they can keep their main social welfare payment and get the half-rate carer's allowance as well. They can also receive an extra half-rate carer’s allowance if they care for more than one person. From October 2013 onwards, the payment of half-rate carer’s allowance does not preclude a person from qualifying for fuel allowance. If a person is in receipt of a non-contributory social welfare payment and a half-rate carer’s allowance, then they are deemed to have satisfied the means test and fuel allowance is payable subject to all remaining criteria being satisfied. If a person is in receipt of a contributory social welfare payment and a half-rate carer’s allowance then they will have to undergo a means test for fuel allowance.
Any decision to amend the criteria for receiving fuel allowance to include carer’s allowance would have to be considered in the overall policy and budgetary context.
Under the supplementary welfare allowance scheme, exceptional needs payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources and this may include exceptional heating costs.
The best way to tackle fuel poverty in the long term is to improve the energy efficiency of the dwelling. My Department works closely with the Department of Communications, Climate Action and Environment to help identify people in energy poverty who are living with chronic respiratory conditions so they can avail of the Warmth and Well-being Scheme which aims to make homes warmer and healthier to live in.
With regard to Carers receiving a free travel companion pass, I replied to the Deputy’s query on this matter in Parliamentary Question 10910-18 which he asked on 8 March 2018, and the position as outlined in that reply remains unchanged.
I hope this clarifies the matter for the Deputy.
943. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if an employee who is on sick leave and under their contract of employment is entitled to full pay for six months; if an employer has the right to deduct the equivalent illness benefit payment from their salary if the employee is not entitled to said payment; and if she will make a statement on the matter. [12145/18]
Amharc ar fhreagraIn general, an employee has no right under employment law to be paid while on sick leave. Consequently, it is at the discretion of the employer to decide their own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment. Under Section 3 of the Terms of Employment (Information) Act 1994 an employer must provide an employee with a written statement of terms of employment, including the terms or conditions relating to incapacity for work due to sickness or injury, within two months of the commencement of the employment.
If an employee is entitled to sick pay under his/her contract or terms of employment, his/her employer will usually require him/her to sign over any Illness Benefit payment from the Department of Employment Affairs and Social Protection to his/her employer for as long as the sick pay continues. Not to do so would result in the unintended consequence of the employee receiving a higher income while absent from work on sick leave than he/she would have received if attending work.
Section 5 of the Payment of Wages Act, 1991 provides for regulation of certain deductions made and payments received by employers. The section further provides that an employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—
(a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,
(b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or
(c) in the case of a deduction, the employee has given his prior consent in writing to it.
Finally, with regard to any breaches of the Terms of Employment (Information) Act 1994 or the Payment of Wages Act, 1991 in relation to terms and conditions of employment, deductions from pay or other matters relating to employment conditions, I would advise that any persons with questions or complaints regarding their rights under employment law should contact the Workplace Relations Customer Service on lo-call 1890 80 80 90 or information can be found on their website www.workplacerelations.ie.
944. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if a decision has been made on the review of the rate of partial capacity benefit awarded to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [12147/18]
Amharc ar fhreagraThe person concerned is currently in receipt of Invalidity Pension from my Department and following a medical assessment in 2017 was deemed qualified for Partial Capacity Benefit.
This assessment remains valid for two years.
The person concerned should contact my Department with a return to work date and my officials will then arrange for him to be transferred to Partial Capacity Benefit.
