Written Answers Nos. 252-277
252. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the level of income derived from rental property will be reviewed in a jobseeker's allowance level of payment in view of the nature of their particular circumstances in the case of a person (details supplied); and if she will make a statement on the matter. [19501/18]
Amharc ar fhreagraThe decision for the person concerned arose from an appeal against an original decision which was upheld by a Social Welfare Appeals Officer. There is no further review available. If the person concerned has had any change in circumstance they should contact their local Intreo Centre and provide documentation to support a review of their claim.
I trust that this clarifies the matter for the Deputy.
253. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which exceptional needs payments have been restricted, even in cases in which the need clearly exists; and if she will make a statement on the matter. [19504/18]
Amharc ar fhreagraUnder 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.
The principle consideration in making a payment under the ENP scheme to address a particular need is that the need to be met must be exceptional. The guidelines issued to staff administering the scheme assist them in the decision making process. It must be noted that the guidelines do not affect the discretion available to officers in issuing an ENP to assist an individual or household in any particular hardship situation which may arise.
It is not clear as to what restrictions the Deputy is referring to in his question and if he has concerns in respect of a particular case he should bring the details to the attention of the Department for consideration. I trust this clarifies the matter.
254. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if disability allowance or invalidity pension payments are being disallowed in cases on the basis that a person has a serious disability such as an amputation; and if she will make a statement on the matter. [19505/18]
Amharc ar fhreagraMedical eligibility for Disability Allowance (DA) and Invalidity Pension (INVP) is assessed on a case by case basis and is determined by its severity, and resultant effects on activities of daily living and work-related activities. Eligibility is not based solely on diagnosis or treatment but rather is assessing the person’s eligibility for the relevant scheme in accordance with the relevant statutory conditions.
Entitlement to DA is based on satisfying medical, means and residency conditions. The person must be between the age 16 and 66.
The medical condition for DA is that a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect, as a result of which they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications.
INVP is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the statutory social insurance contribution conditions.
A person is regarded as being permanently incapable of work if;
For the period of 1 year immediately before the date of application the person had been continuously incapable of work and a Deciding Officer or an Appeals Officer is satisfied that the person is likely to continue to be incapable of work for at least another year,
OR
A Deciding Officer or an Appeals Officer is satisfied that the likelihood is that the person will be incapable of work for life.
Where a person is not satisfied with the decision of a Deciding Officer regarding their entitlement to either if these payments, they can appeal that decision to the independent Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.
255. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if an exceptional needs payment will be considered to assist a person (details supplied) in respect of mortgage and other exceptional costs associated with their particular situation; and if she will make a statement on the matter. [19506/18]
Amharc ar fhreagraThe Person concerned has not lodged an application for a Supplementary Welfare Allowance (SWA) to date. Since this person has now made an enquiry in relation to S.W.A. an application has been sent to them for completion, on its return a decision will be made be a Designated Person.
256. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if an extension of employment for participants in community employment schemes whose sponsors are anxious that they continue can be facilitated; and if she will make a statement on the matter. [19507/18]
Amharc ar fhreagraThe aim of the Community Employment (CE) programme is to enhance the employability of disadvantaged and unemployed people by providing work experience and training opportunities for them within their communities. The programme helps break the cycle of unemployment and improve a person’s chances of returning to the labour market. A number of new conditions were introduced on CE in July 2017 to further support progression and broaden access to CE to a wider range of people.
In general all CE placements for new entrants aged between 21 and 55 years will be for 1 year – however CE participants, working towards a major award, can seek to extend participation by up to two years to enable then to reach the required standard of qualification. In addition, those over 55 years of age can remain on CE for three years.
An overall lifetime limit of 6 years will apply to all CE participants (changed from 3 years for those under 55 years). A person may re-qualify for CE after 12 months of being in receipt of a qualifying payment, provided they have not reached their 6 year limit. Persons in receipt of a qualifying disability-linked social welfare payment will be eligible for an overall lifetime limit of 7 years.
Participation on CE is intended to be for a temporary fixed-term. These placements are not full-time sustainable jobs. Overall participation limits are in place to ensure that as many unemployed people as possible are able to benefit from the scheme.
My Department’s priority in supporting work programmes is to provide access to good quality work experience and training qualifications to support the progression into employment of jobseekers and other vulnerable groups.
I trust that this clarifies matters for the Deputy.
257. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason carer's allowance has been curtailed in cases in which the carer is caring for more than one person; and if she will make a statement on the matter. [19508/18]
Amharc ar fhreagraCarer’s allowance acts as a primary income support for those with an income need.
The social protection system of primary income supports generally operates on a principle of one person- one payment.
Exceptions to this are typically explicitly provided in enabling legislation. In the case of carers, legislation provides that a carer may be entitled to an extra half-rate carer’s allowance if they care for more than one person and an annual carer’s support for each care recipient. This reflects the practical needs of households where a person may be caring for more than one member of the family at the same time.
The person receiving care may also be receiving other income supports from my Department.
The current personal rate of carer’s allowance is €214 per week and if caring for more than one person this increases to €314 per week. An annual non means tested carer’s support grant of €1,700 is also paid, in respect of each care recipient, on the first Thursday in June.
Legislation also provides that carers can continue to receive carer’s allowance at half the weekly rate if they are in receipt of another weekly social welfare payment. They are also entitled to free travel and if residing with the care recipient may also receive the household benefits package.
The income supports that carers receive from my Department are among the highest rates in the social protection system and the income disregard and means test for carers is the most generous in the social welfare system.
I hope that this answers the Deputy’s question.
258. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a decision will issue in regard to a State pension in the case of a person (details supplied); and if she will make a statement on the matter. [19509/18]
Amharc ar fhreagraThe person concerned was awarded a maximum rate state pension (contributory) with effect from their 66 birthday. The person concerned was notified in writing of this decision on 16 June 2017. Due arrears of pension were also paid at that time.
I hope this clarifies the matter for the Deputy.
259. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason jobseeker's allowance continues to be refused in the case of a person (details supplied); and if she will make a statement on the matter. [19510/18]
Amharc ar fhreagraThe jobseeker’s allowance claim in the case of the person concerned was disallowed following a submission of the social welfare inspector’s report dated 17/10/17. An inspector of the Department, over a protracted period of time, has been unsuccessful in establishing the residency of the person concerned due to his not being available for interview on several occasions at his stated address. As suitable, relevant proof of address could not be provided by the person concerned his claim was disallowed.
The person concerned appealed the decision to the Social Welfare Appeals Office on 15/12/17 and a decision is awaited. The person concerned was awarded supplementary welfare allowance with effect from 22/2/2018 as an interim payment while awaiting the outcome of his appeal and subject to the provision of a number of documents agreed by the claimant. However the claimant failed to provide the agreed documents and the supplementary welfare allowance claim was discontinued on 10/4/2018.
I trust this clarifies the matter for the Deputy.
260. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when restoration of a widow's pension will occur in the case of a person (details supplied); and if she will make a statement on the matter. [19511/18]
Amharc ar fhreagraA condition of continuing eligibility for payment under the Widows, Widowers or Surviving Civil Partners Non Contributory Pension scheme is that the applicant is not involved in a cohabiting relationship.
The applicant in this case was selected for a routine review to ensure that she continued to meet the eligibility criteria for payment. Part of this review involved investigation and interview by an inspector. In the course of this investigation, the applicant advised the inspector that she was in a cohabiting relationship since August 2017. She signed a voluntary declaration to this effect.
As a result the applicant was advised on 8th January 2018 of the decision to terminate her Widow's, Widower's or Surviving Civil Partner's Non Contributory Pension as she was cohabiting. This decision resulted in an overpayment of €2,316 for the period 4th August 2017 to 26th October 2017.
The Deputy subsequently appealed this decision on behalf of the applicant to the Social Welfare Appeals Office. The appeal was disallowed by the Appeals Officer and the applicant was advised of this in writing on 27th April 2018.
In the circumstances, there are currently no grounds on which to restore the Widow's, Widower's or Surviving Civil Partner's Non Contributory Pension in this case.
I trust this clarifies the matter for the Deputy.
261. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of appeals arising from claims of cohabitation received in her Department in each of the past five years to date; the number of cases in which the decision was overturned in favour of the applicant; the number rejected; and if she will make a statement on the matter. [19512/18]
Amharc ar fhreagraThe 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.
While the scheme type is recorded when an appeal is registered, the issue under appeal is only recorded when an appeal is decided by an Appeals Officer. This is because it is only when all the facts of the case have been considered that the issue under appeal can be correctly recorded.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was incorrect. It is often the case that new evidence is provided with an appeal and, in addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.
The table below details the outcomes of appeals decided by Appeals Officers where the issue under appeal was cohabitation for the years 2013 to 2017 and to the end of April 2018.
I trust this clarifies the matter for the Deputy.
Outcome of Appeals Decided by Appeals Officers where the Issue under Appeal was Cohabitation 2013 – 2018
|
Allowed |
Partially Allowed |
Disallowed |
Total |
|
|
2013 |
58 |
19 |
132 |
209 |
|
2014 |
66 |
5 |
106 |
177 |
|
2015 |
35 |
6 |
49 |
90 |
|
2016 |
34 |
7 |
31 |
72 |
|
2017 |
28 |
4 |
13 |
45 |
|
2018 - (to 30/4/2018) |
2 |
- |
4 |
6 |
262. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the grounds on which non-recognition of foreign divorce can be used to refuse entitlement to widow's or widower's pension when it is clear that such persons could not have remarried here unless their divorce was recognised; and if she will make a statement on the matter. [19513/18]
Amharc ar fhreagraTo qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish State Law, to be the legal widow(er) of the deceased.
The legislative provisions pertaining to the recognition of foreign divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act 1986. Responsibility for this legislation lies with the Minister for Justice and Equality.
In accordance with that Act, a foreign divorce will be recognised in this state, if one of the parties to the divorce was domiciled in the country granting the divorce when proceedings were initiated. If neither party was domiciled in the country granting the divorce when proceedings were initiated, the foreign divorce cannot be recognised. In those circumstances, any subsequent marriage cannot be recognised, and therefore the person cannot be deemed, under Irish State Law, to be the legal widow(er) of the deceased. Consequently, there is no entitlement to widow(er)’s contributory pension.
I hope this clarifies the matter for the Deputy.
263. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of applications for invalidity pension refused by her Department in each of the past five years to date; if receipt of a disability allowance for a period of more than one year is no longer regarded as creating an eligibility for invalidity pension; and if she will make a statement on the matter. [19514/18]
Amharc ar fhreagraThe following table shows the number of Invalidity Pension (IP) claims disallowed for each of the years 2013 to 2017.
INVALIDITY PENSION CLAIMS
|
Year |
Disallowed |
|
2013 |
8,546 |
|
2014 |
5,496 |
|
2015 |
5,070 |
|
2016 |
3,909 |
|
2017 |
4,544 |
IP is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the social insurance contribution conditions.
From 01 December 2017, to qualify for IP, a person must have a total of 260 weeks PRSI paid and 48 weeks PRSI paid or credited at classes A, E ,H or S in the last or second last complete tax year before date of claim.
The medical qualifying condition for Invalidity Pension is that a person must be regarded as being permanently incapable of work. A person is regarded as being permanently incapable of work if;
For the period of one year immediately before the date of application the person has been continuously incapable of work and a Deciding Officer or an Appeals Officer is satisfied that the person is likely to continue to be incapable of work for at least another year
or
a Deciding Officer or an Appeals Officer is satisfied that the likelihood is that the person will be incapable of work for life.
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. As a result of this disability a person must be substantially restricted in undertaking work that would otherwise be suitable for a person of their age, experience and qualifications.
The qualifying criteria for both schemes are different and the fact that a person satisfies the medical qualifying condition for DA does not meant that they will satisfy the medical qualifying condition for IP.
I hope this clarifies the matter for the Deputy.
264. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if in the determination of eligibility for State pension, the practice of awarding credits in circumstances in which employers did not make the relevant contributions has been discontinued; and if she will make a statement on the matter. [19515/18]
Amharc ar fhreagraI can confirm to the Deputy that there has been no change in practice in this respect. The Department will carry out a review of the record of any person who makes contact, advising of the possibility that contributions may be missing from their social insurance record.
Such a review can take a number of forms, depending on the nature of the issues raised; and can include (but is not limited to) the following;
- Examination of any documentation provided by the person concerned,
- A full check of the Department’s systems for the employment,
- A check for Revenue returns relating to the period in question,
- Referral to a social welfare inspector for a full investigation into the period concerned.
All cases where contributions may be missing are investigated in full; and in each case a decision as to the outcome for the customer’s social insurance record is made and communicated back to the customer.
I hope this clarifies the matter for the Deputy.
265. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of deserted wife's benefit claims still in payment; the extent to which the number of recipients has been reduced other than by the death of the recipient; and if she will make a statement on the matter. [19516/18]
Amharc ar fhreagraThe Deserted Wife’s Benefit (DWB) scheme was introduced in 1973 as a payment to a woman deserted by her spouse. Entitlement to payment is based on social insurance contributions paid by the woman or her spouse who deserted her. The scheme was closed off to new applicants from 2 January 1997 when the One Parent Family Payment was introduced. DWB claimants may transfer to State Pension Contributory at age 66 if they satisfy the contribution conditions of that scheme.
There are currently 6,351 DWB claims in payment. The table below details the number of DWB claims terminated as a result of a review of the claimant’s entitlement to the scheme. The principal reasons for termination of payment relate to co-habitation, exceeding the income threshold of €20,000 per annum for awards made after August 1992 or absence from the State. The data below does not include terminations resulting from the death of a claimant or where a claimant transferred to another scheme.
|
Year |
Terminations |
|
2017 |
31 |
|
2016 |
117 |
|
2015 |
90 |
|
2014 |
61 |
I hope this clarifies the matter for the Deputy.
266. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the steps she can take to speed up the manner in which various appeals are being dealt with, delays regarding which can cause severe hardship; and if she will make a statement on the matter. [19517/18]
Amharc ar fhreagraThe 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.
All claim decisions taken by the Department’s deciding officers are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded and just 1% are appealed. Nevertheless, the Department is concerned that these cases are dealt with as quickly as possible.
Accordingly, significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times improved between 2011 and 2017 from 52.5 weeks for an oral hearing in 2011 to 26.4 weeks in 2017 and from 25.1 weeks for a summary decision in 2011 to 19.8 weeks in 2017. The most recent figures for March 2018 are 28.4 weeks for an oral hearing and 24.4 weeks for a summary decision.
The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with appeal officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the higher courts and decisions have to be formally written up to quasi-judicial standards.
Other factors that influence appeals processing times include the quality of the initial decision – in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. I expect that this will help to reduce the number of appeals over time.
In addition, a number of new appeals officers have joined the appeals office over the past year, to replace staff leaving on retirement. Given the complexity of the appeals process it takes some time for new staff to be trained up and develop expertise. This changeover in staff has led to a slightly longer time to conclude appeals in 2017 and so far in 2018. However, the Chief Appeals Officer has advised that she is hopeful that processing times will improve over the course of 2018.
Finally, it should be noted that an appellant can claim supplementary welfare allowance pending the outcome of their appeal and that any favourable decisions are backdated to the original date of the claim.
267. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection the nature and type of benefits that are available to a person who works two full-time days constituting 16 hours of employment; the length of time the person would have to work to be in a position to secure benefits if they were to fall ill or to become unemployed; and if she will make a statement on the matter. [19530/18]
Amharc ar fhreagraThe jobseeker's benefit (JB) and jobseeker’s allowance (JA) schemes provide income support for people who have lost work and are unable to find alternative full-time employment. Jobseeker’s allowance is a means-tested social assistance payment whereas jobseeker’s benefit is a contribution based social insurance scheme. To qualify for JB a person must have at least 104 weeks qualifying PRSI contributions paid since they first started work.
Both the jobseeker’s benefit and the jobseeker’s allowance schemes provide significant support to individuals so that they can work up to 3 days a week and still retain access to a reduced jobseeker’s payment. The current days based system can provide significant income supports to jobseekers who are casually or part-time employed. For instance an individual can earn a little over €20,000 per year and still retain a small jobseeker's allowance payment, while the equivalent threshold for an individual with a qualified adult is almost €34,700 if they are both working.
In addition, to the two jobseeker’s schemes the back to work family dividend (BTWFD) scheme allows JA or JB recipients who have been jobseekers for 12 months or recipients of the one-parent family payment to retain their full increase for qualified children (IQC) for the first year in employment, tapering to 50% in the second year. To be eligible for the dividend there must not be any other claim in respect of the children concerned, other than child benefit.
My Department provides a comprehensive suite of income supports, including illness benefit (IB), invalidity pension (IP), and disability allowance (DA) for those who are unable to work due to an illness or disability. IB is paid if a person cannot work because they are sick or ill. To qualify for IB a person needs 104 paid PRSI contributions. IP is a weekly payment to people who cannot work because of a long-term illness or disability and are covered by social insurance. To qualify for IP a person must have at least 260 weeks qualifying PRSI contributions paid since they first started work. Disability allowance is a means tested payment available to people with a disability.
The combination of schemes available provides considerable income support for individuals who have part time employment by allowing them retain access to a social welfare payment.
Reflecting the impact of government policy, and the overall improvement in the labour market, long term unemployment continues to fall. The most recent data show that unemployment has fallen from a peak of 15% in 2012 to 5.9 % in April 2018.
268. Deputy Michael McGrath asked the Minister for Housing, Planning and Local Government if his Department ensures that all properties in respect of which housing assistance payment is being paid out are registered with the Residential Tenancies Board; and if he will make a statement on the matter. [19372/18]
Amharc ar fhreagraThe Residential Tenancies Act 2004, as amended, regulates the tenant-landlord relationship in the private rented residential sector. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
The Act provides that landlords must apply to register the tenancy of a dwelling with the RTB within one month of the commencement of the tenancy. The RTB actively pursues landlords for non-registration. Failure to register tenancies can result in prosecution with fines of up to €4,000 and/or six months imprisonment.
The Housing Assistance Payment (HAP) Shared Service Centre (SSC) provides a highly effective transactional service on behalf of Local Authorities, including data-sharing with the RTB in relation to active HAP tenancies. This enables the RTB to ensure compliance with the national tenancy registration system.
The 2004 Act applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the Act. Where the owner of a dwelling, residing in that dwelling, lets a room, that letting is not considered to be a tenancy within the meaning of the Residential Tenancies Act. HAP support is available to tenants in rent a room scheme arrangements. In these cases, the RTB does not have any function and there is no registration requirement.
269. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government the amount his Department is projected to spend in each quarter of 2018 in local authority builds, approved housing body builds and acquisitions units under Part V of the Planning and Development Act 2000, in tabular form. [19326/18]
Amharc ar fhreagraA total housing budget of €1.9 billion is provided for 2018, representing an increase of €500 million (36%) compared to 2017. This investment will see the housing needs of 25,500 households being met this year.
Through a capital expenditure provision of €1.14 billion, local authorities and approved housing bodies (AHBs) will deliver 5,900 homes through a combination of new build, including local authority and AHB new build, Part V, acquisitions and returning vacant social homes to productive use. It will also fund services in relation to regeneration and programmes to upgrade existing housing (energy efficiency improvements, adaptation grants, housing for travellers, pyrite, etc.) The balance of the funding will go towards meeting the needs of over 17,000 additional households to be supported through the Housing Assistance Payment (HAP) Scheme and Rental Accommodation Scheme (RAS) in 2018, as well as existing households already supported through those schemes, and will also fund housing supports and services in relation to homelessness.
In relation to the Deputy's specific query regarding projected spend on a quarterly basis, it is difficult to provide information to sub-programme level, given that it is affected by timing factors. However, given that my Department is working intensively with local authorities on an ongoing basis to accelerate the delivery of social homes and has been very clear with local authorities that funding is available to support this delivery, the pace of spend, albeit still somewhat weighed towards the second half of the year, is tending to be more evenly spaced over the course of the year. This is evident in the spend to date in 2018, with some €435 million, or 23% of the overall Budget, having been expended.
270. Deputy Timmy Dooley asked the Minister for Housing, Planning and Local Government the amount spent on facilitating departmental members' attendance at social media training conferences or other external events. [19400/18]
Amharc ar fhreagraThere has been no expenditure by my Department to facilitate attendance at social media training conferences or other external events. Training courses or conferences on other topics attended by staff may, from time to time, include an item in respect of social media but my Department does not record information of this nature.
271. Deputy Noel Rock asked the Minister for Housing, Planning and Local Government the person or body that regulates the contents on election and referendum posters to prevent false content; if no such body exists, if he will provide such powers to an authority; and if he will make a statement on the matter. [19456/18]
Amharc ar fhreagraSection 140 of the Electoral Act 1992, which also applies at a referendum, provides that every notice, bill, poster or similar document having reference to an election or referendum or distributed for the purpose of furthering the candidature of a candidate at an election or a particular result at a referendum shall bear upon its face the name and address of the printer and of the publisher.
The Electoral Acts do not regulate the content of electoral material, including election posters, during or outside of electoral or referendum campaigns. However, one of the main functions of a Referendum Commission, which is an independent body established under section 2 of the Referendum Act 1998, is to explain the subject matter of referendum proposals and communicate these explanations to the electorate.
Section 7 of the Public Order Act 1994 provides that, ‘It shall be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or obscene with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned…’. In this regard, it would be a matter for An Garda Síochána to deal with public order offences generally (in terms of the operation of the relevant legislation), including offences under section 7 of the Public Offences Act 1994, either at their own instigation or on foot of allegations made in that regard.
272. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if his Department will continue to publish monthly homeless figures; and his plans to amend this to quarterly or other less frequent publications. [19459/18]
Amharc ar fhreagra274. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government the data publication schedule of homeless figures; and if he will make a statement on the matter. [19557/18]
Amharc ar fhreagra275. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government his plans to change the data publication schedule of homeless figures; and if he will make a statement on the matter. [19558/18]
Amharc ar fhreagraI propose to take Questions Nos. 272, 274 and 275 together.
My Department currently publishes data on a monthly basis on the number of homeless persons accommodated in emergency accommodation funded and overseen by housing authorities. These reports are based on data provided by housing authorities, produced through the Pathway Accommodation and Support System (PASS), and are published in the month subsequent to the reporting period in question.
My Department is examining the current reporting arrangements with a view to ensuring that the best possible data is available to support policy making. No decision has been taken on amending the reporting arrangements at this time.
273. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the fact that a council (details supplied) is refusing to consider a family for a Rebuilding Ireland loan on the basis of a historical bad debt, in spite of the fact that a bank had approved the same family for a loan which was insufficient to meet their housing needs despite knowing of the bad debt; the rules and regulations relating to historical bad debts and the Rebuilding Ireland loans; and if he will make a statement on the matter. [19473/18]
Amharc ar fhreagraThe new Rebuilding Ireland Home Loan is designed to enable credit-worthy first-time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range. The scheme is targeted at first-time buyers who have access to an adequate deposit and have the capacity to repay a mortgage, but who are unable to access a mortgage sufficient for them to purchase their first home.
The final decision on loan approval is a matter for each local authority and its Credit Committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the statutory credit policy that underpins the scheme, in order to ensure consistency of treatment for all applicants. Loan applicants who are dissatisfied with a loan application decision of a local authority Credit Committee may appeal that decision to the local authority. Details of the appeals process can be obtained from the relevant local authority.
Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions. Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister's power to issue policy directions and guidelines to housing authorities in relation to their housing functions should not be construed as enabling the Minister to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned. I am therefore, precluded from intervening in relation to individual cases.
276. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government his plans to extend the rent pressure zones to student accommodation; and if he will make a statement on the matter. [19559/18]
Amharc ar fhreagraRent Pressure Zones have their legal basis under the Residential Tenancies Acts 2004-2016. This legislation regulates the landlord-tenant relationship in the private rented residential sector. Pursuant to section 3(1), the Acts apply to every dwelling that is the subject of a tenancy. The provisions of the Acts, including those provisions providing for the rent pressure zone measure, does not apply where the dwelling is occupied by a person under an agreement which is not a tenancy agreement.
Licensing agreements, such as those that apply in respect of some types of student accommodation, are not covered by the legislative protections of the Residential Tenancies Acts because they are not deemed to be tenancy agreements for the purposes of the Acts. Consequently, the restrictions on rental increases in Rent Pressure Zones, provided for in the Acts, do not therefore apply to accommodation types that are not subject to tenancy agreement.
277. Deputy Timmy Dooley asked the Minister for Culture, Heritage and the Gaeltacht the amount spent on facilitating departmental members' attendance at social media training conferences or other external events. [19393/18]
Amharc ar fhreagraI am advised that since the establishment of the Department in June 2011, my Department has spent €6,383 facilitating departmental members' attendance at social media training conferences and other external events. No expenditure occurred in the years 2011 and 2015.
A breakdown is set out in the following table:
|
Year |
Type of Event |
Title |
Number of Staff |
Cost |
|
2012 |
Training Course |
Social Media in the Public Sector |
3 |
€1,337 |
|
2013 |
Conference |
Social Media for Consultation |
1 |
€433 |
|
2013 |
Training Course |
Social Media Marketing |
1 |
€349 |
|
2014 |
Training Course |
Social Media Training |
20 |
€3,264 |
|
2016 |
Training Course |
Social Media for Business |
1 |
€500 |
|
2017 |
Training Course |
Social Media for Business |
1 |
€500 |
