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Tuesday, 17 Apr 2018

Written Answers Nos. 1424-1440

Invalidity Pension Appeals

Ceisteanna (1424)

Bernard Durkan

Ceist:

1424. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a decision to refuse invalidity pension will be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [15433/18]

Amharc ar fhreagra

Freagraí scríofa

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the date of their claim. Only PRSI classes A, E , H or S contributions are reckonable for IP purposes. PRSI contributions paid at class S are reckonable for claims received on or after 01 December 2017.

The Department received a claim for IP for the lady concerned on the 01 December 2016. She was refused IP on the grounds that the contribution conditions for the scheme were not satisfied, specifically she does not have 260 paid PRSI contributions. She was notified on the 12 January 2017 of this decision, the reasons for it and of her right of review and appeal. The lady concerned requested a review of this decision and following a review of all the information available it was decided that there was no change to the original decision. She was notified on 13 February 2017 of the outcome of the review and of her right to appeal the decision to the independent Social Welfare Appeals Office (SWAO) within 21 days.

The lady concerned appealed the decision and an appeals officer (AO), having taken all available information into account, upheld the Department’s decision and disallowed the appeal. She was notified of the decision of the AO on the 04 January 2018. The decision of an AO is final and conclusive in the absence of additional relevant evidence not available at the time of the appeal.

A person who has an insufficient PRSI contribution record to qualify for a social insurance benefit/pension may apply for the appropriate means-tested social assistance scheme. Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

DA remains in payment to the lady in question at a reduced rate based on her weekly means.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Applications

Ceisteanna (1425)

Willie Penrose

Ceist:

1425. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the position on an application for carer’s allowance by a person (details supplied); and if she will make a statement on the matter. [15535/18]

Amharc ar fhreagra

Freagraí scríofa

My Department received an application for carer's allowance (CA) from the person concerned on the 20 February 2018.

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.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

As the applicant is a self-employed farmer, the matter was referred to a local social welfare inspector (SWI) on 9 April 2018 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.

Carer's Allowance Applications

Ceisteanna (1426)

Robert Troy

Ceist:

1426. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a carer's allowance will be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [15613/18]

Amharc ar fhreagra

Freagraí scríofa

Carer'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 September 2017.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

As the applicant is a self-employed farmer, the matter was referred to a local social welfare inspector (SWI) on 20 February 2018 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.

On 9 March 2018 the SWI requested 2017 farm accounts from the person concerned and is awaiting this information in order to complete his report.

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.

Disability Allowance Applications

Ceisteanna (1427)

Robert Troy

Ceist:

1427. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a disability allowance will be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [15614/18]

Amharc ar fhreagra

Freagraí scríofa

I confirm that an application from this gentleman for disability allowance (DA) was received by the Department on 15 December 2017.

The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. Once the SWI has submitted his/her report to DA section, a decision will be made on the application and this lady will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

Private Pension Levy Collection

Ceisteanna (1428, 1429)

Pearse Doherty

Ceist:

1428. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection the number of non-public service class D workers impacted by the private pension levy; and if she will make a statement on the matter. [15621/18]

Amharc ar fhreagra

Pearse Doherty

Ceist:

1429. Deputy Pearse Doherty asked the Minister for Employment Affairs and Social Protection her views on whether there is an unfairness in the way in which non-public service class D workers are affected by the private pension levy which is still being levied by pension trusts when compared to full civil service workers that have had their pension cuts restored or will see them restored; and if she will make a statement on the matter. [15622/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1428 and 1429 together.

My Department has no responsibility for matters pertaining to the private pension levy or its effects. Any questions about the private pension levy should be directed to the Minister for Finance.

I hope this clarifies the matter for the Deputy.

Working Family Payment Data

Ceisteanna (1430)

Maurice Quinlivan

Ceist:

1430. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of the family income supplement in January and February 2018; the spend on FIS in each of the years 2015 to 2017; and if she will make a statement on the matter. [15649/18]

Amharc ar fhreagra

Freagraí scríofa

Working Family Payment (WFP) formerly known as Family Income Supplement (FIS) is an in-work support which provides an income top-up for employees on low earnings with children. The number of persons in receipt of WFP for January and February 2018 is:

-

January 2018

February 2018

Recipients

57,678

57,299

Expenditure in relation to WFP is as follows:

Year

Expenditure € million

Recipients - Families

2015

368

55,913

2016

410

55,674

2017

*416

57,745

*estimated figure as appropriation accounts are yet to be finalised.

I trust this clarifies the matter for the Deputy.

Supplementary Welfare Allowance Data

Ceisteanna (1431)

Willie O'Dea

Ceist:

1431. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the number of persons who received a supplementary welfare payment for clothing in each of the years 2014 to 2017 and to date in 2018; the number of persons who have been refused a supplementary payment in each of the years 2014 to 2017 and to date in 2018, in tabular form; and if she will make a statement on the matter. [15660/18]

Amharc ar fhreagra

Freagraí scríofa

Under the supplementary welfare allowance (SWA) scheme, my Department may make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided over €36 million for exceptional payments in 2018.

The ENP scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

There is no specific clothing allowance scheme. It is expected that weekly social welfare payments should cover normal clothing needs. However, in exceptional circumstances support is available for clothing under the ENP scheme.

Statistics are maintained relating to payments under the ENP scheme, however they are not maintained on the number of applications or the outcome of those applications. The attached tabular statement provides details of ENP payments for clothing for the years 2014 to 2017 and to end of March 2018.

I trust this clarifies the matter for the Deputy.

Tabular Statement: Summary of ENP payments in respect of Clothing, 2014 - 2018 (end of March)

Year

Expenditure on ENPs in respect of Clothing

Number of Payments in respect of Clothing

2014

€2.5m

23,200

2015

€2.3m

20,800

2016

€2.1m

18,700

2017

€2.1m

17,000

2018 (end March)

€0.55m

4,300

Public Services Card Authentication

Ceisteanna (1432)

Mick Wallace

Ceist:

1432. Deputy Mick Wallace asked the Minister for Employment Affairs and Social Protection if an adoption certificate is still required for all public services card applications in view of recent media reports of a person who was awarded a public services card without an adoption certificate; if short form birth certificates are now acceptable for all applications; the impact of this on her Department's SAFE 2 authentication process; and if she will make a statement on the matter. [15695/18]

Amharc ar fhreagra

Freagraí scríofa

The media reports about this case are incorrect. The certificate presented by the person concerned was, in fact, their adoption certificate, following which the SAFE registration was successfully completed.

A Public Services Card (PSC) may be issued to a person who has successfully completed a SAFE 2 identity registration. The person’s Public Service Identity Dataset is verified as part of this process. Adopted people are treated in the same way as other individuals in terms of verification of identity. Name, date of birth, place of birth and mother’s birth surname are generally verified from the birth certificate or, in the case of an adopted person, from an adoption certificate.

Generally, in the case of an adopted person, the details on the birth register will be different to those on the adoption register and are not consistent with their current identity.

As my Department has access to the Irish Birth Register, the above details can be verified without the need for the individual to physically present a birth certificate, providing that the record can be located on the Register.

However, in contrast, my Department does not have access to the Irish Adoption Register. Accordingly, staff would not be aware of a customer’s adoption status. In such circumstances, the individual is asked to bring a copy of their adoption certificate. This requirement is stated clearly in SAFE 2 registration invitation letters and on my Department’s website.

I hope this clarifies the matter for the Deputy.

Back to Education Allowance Applications

Ceisteanna (1433)

Fiona O'Loughlin

Ceist:

1433. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection if a back to education allowance application by a person (details supplied) will be reviewed; and if she will make a statement on the matter. [15714/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned submitted an application for a back to education allowance in 2015 which was not approved on the basis that he did not fulfil the eligibility criteria to participate in this scheme.

The grounds for the original refusal may not have been clear to the individual and therefore we will contact the customer and identify the required documentation that would be required to support his request for a review.

I trust this clarifies the mater for the Deputy.

Back to Education Allowance Appeals

Ceisteanna (1434)

Fiona O'Loughlin

Ceist:

1434. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the appeals process in place for a person who wishes to appeal a back to education allowance decision; and if she will make a statement on the matter. [15715/18]

Amharc ar fhreagra

Freagraí scríofa

The Back to Education Allowance (BTEA), is a non-statutory scheme and operates on an administrative basis. The guidelines and applications processes are published on my Department’s website - www.welfare.ie. Decisions made at local Intreo office level are subject to review should an applicant be dissatisfied with the decision and/or explanation provided. The review is conducted by a more senior officer not involved in the original decision.

The reviewing officer will ensure the original decision is in line with the scheme guidelines, while also considering any new evidence supplied by the applicant. The outcome of a review will then be communicated clearly to the applicant outlining in detail why the application has been awarded or refused and noting that all new evidence has been taken into consideration in coming to a final determination.

All customers of the department also have the right to make a complaint to the Office of the Ombudsman if they are dissatisfied with a decision made by the department.

Partial Capacity Benefit Scheme Applications

Ceisteanna (1435)

Brendan Howlin

Ceist:

1435. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will receive a decision on their application for partial capacity benefit; and if a decision will be made on the matter. [15724/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been in receipt of Invalidity Pension and applied for transfer to the Partial Capacity Benefit scheme. In accordance with standard procedure all applicants for this scheme must be assessed by a medical assessor. An appointment is being scheduled for this applicant and I have asked my officials to attend to this as a matter of urgency. Once an appointment has been arranged my officials will inform the applicant accordingly.

Social Welfare Benefits Applications

Ceisteanna (1436)

Robert Troy

Ceist:

1436. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if the rewording of the domiciliary care allowance form, the carer's allowance and benefit form and the carer's support grant will be considered (details supplied). [15738/18]

Amharc ar fhreagra

Freagraí scríofa

The Domiciliary Care Allowance (DCA) application form was revised following a review of the DCA scheme itself in 2013. The redesign of the form was intended to obtain all necessary and relevant information needed to allow a fully informed decision on the application to be made by a deciding officer. The application form seeks to capture the relevant facts as early as possible in the process and minimise the need to request further supporting evidence at a later date, thereby minimising the time to finalise a decision for the applicant. The version currently in use was finalised after examination of the application processes used for similar schemes in other countries. The process also involved representatives from a range of advocacy and parent representative groups who were part of the review group. There are no further plans to amend the DCA application form at this time.

The Carer's Allowance application form has been recently reviewed. The redesign involved consultation with carers and their representative organisations. The design of the form is intended to obtain all necessary and relevant information needed to allow a fully informed decision on the application to be made by a deciding officer. The form has been expanded to allow the carer to provide much greater detail of the care requirements of the person they are caring for. It has also been re-designed with the intention to capture as many relevant facts as early as possible in the process and minimise the need to request further supporting evidence at a later date, thereby reducing the time taken to finalise a decision for the applicant. The new form should be available shortly.

The Carer's Benefit form will be reviewed and will take the format of information gathered from the Carer's Allowance application review.

The Carer’s Support Grant is received automatically by recipients of the Carer’s Benefit, Carer’s Allowance and Domiciliary Care Allowance payments on the first Thursday of June each year and other “stand alone” cases require a separate application. Changes to other carers forms will inform any future changes in respect of “stand alone” applications for the Carer’s Support Grant.

Carer's Benefit Payments

Ceisteanna (1437)

Robert Troy

Ceist:

1437. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection her plans to increase the length of carer's leave for persons caring for children in view of the fact the length of leave has not been reviewed for in excess of ten years. [15739/18]

Amharc ar fhreagra

Freagraí scríofa

The Carer’s Benefit scheme provides income support to full-time carers who leave the work-force temporarily to provide full-time care and thereby assist in maintaining care recipients in the community. This, and other care-related supports, such as the carer’s allowance payment and the carer’s support grant provide recognition and support for the valuable role of carers.

The duration of carer’s benefit is aligned with the duration of carer’s leave, available under the Carer’s Leave Act, 2001. The Department of Justice and Equality have responsibility for policy in relation the Carer’s Leave Act. A carer providing full-time care and attention to a person requiring such care is not required to be in receipt of carer’s benefit or carer’s allowance to qualify for carer’s leave.

The 104 week duration represents a reasonable length of time to support a carer’s temporary absence from work and there are no plans currently to increase the duration of carer’s leave or benefit. Carers may work and engage in training for an aggregate of 15 hours per week and continue to be regarded as providing full-time care and attention.

Where care is provided beyond the period of entitlement to carers benefit, the means tested carer’s allowance is available for those who are in need of income support. There may also be an entitlement to carers support grant if the conditions are met. These arrangements ensure an efficient use of public funds while assisting those who are in most need of an income support.

The Programme for Partnership Government commits the Government to increase paid parental leave in the first year of a child's life. An inter-departmental working group has been established, chaired by the Department of Justice and Equality, which is examining options for delivering on this commitment. The working group will report on its work shortly.

I hope this clarifies the matter for the Deputy.

JobPath Programme

Ceisteanna (1438)

Clare Daly

Ceist:

1438. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the procedures regarding JobPath and the signing of a personal progression plan; if the procedure has been changed or altered; and if a person in receipt of a welfare payment that is on JobPath is obliged to sign a form. [15776/18]

Amharc ar fhreagra

Freagraí scríofa

The primary goal of the Department’s activation services is to move people from unemployment to full-time and sustained employment. Jobseekers are required to engage with the Department’s activation services 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.

All jobseekers referred to Department’s activation services including those referred to the JobPath service are requested to complete a personal progression plan (PPP) which contains a schedule of activities; actions and job focused targets, taking into account a person’s specific qualifications and employment preferences. The person will be requested to sign the PPP as an indication of their agreement to the activation measures contained in the document. Should a customer fail to agree a PPP it may be one of a number of factors that would be considered by a Deciding Officer of my Department when considering a penalty rate of payment for non-engagement with activation services.

The process for sanctioning clients who do not engage with the JobPath activation process is exactly the same as the process for clients who fail to engage with the Department’s other activation services provided by Intreo Centres, Local Employment Services and Job Clubs.

I trust this clarifies matters for the Deputy.

Social Welfare Appeals

Ceisteanna (1439)

Fiona O'Loughlin

Ceist:

1439. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [15788/18]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 9 April 2018, who will make a summary decision on the appeal based on the 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.

Carer's Allowance Applications

Ceisteanna (1440)

Michael Healy-Rae

Ceist:

1440. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [15799/18]

Amharc ar fhreagra

Freagraí scríofa

Carer'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 carer's allowance (CA) was received from the person concerned on 29 December 2017.

Additional information was requested on 4 April 2018. Once this information is received the application will be processed and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

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