Written Answers Nos. 441-455
441. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection her views on whether there are enough supports for a person (details supplied); if not, if additional supports will be provided; and if she will make a statement on the matter. [19707/18]
Amharc ar fhreagraThe Department provides a wide range of income and employment supports for people with a disability who have the capacity to work and wish to do so. The Department’s Intreo service provides employment supports for people with disabilities who wish to engage with the service on a voluntary basis. Engagement with the Intreo service and through that the EmployAbility service (see below) may help in identifying appropriate supports and services for the person concerned.
Such supports available include, for example, the Wage Subsidy Scheme, the Reasonable Accommodation Fund and the Employability service (a nationwide service, funded by and delivered on behalf of the department: that provides an employment support service for people with a health condition, injury, illness or disability and a recruitment advice service for the business community to support such jobseekers).
In addition, people who transfer to Education and Training Board (ETB) further education and training (FET) courses are paid a FET allowance of the same amount as their DA payment which is suspended for the period of training. The rules that apply to their original social welfare payment also apply to their FET training allowance. Persons with a disability will also retain any secondary benefits, while undertaking an FET intervention, such as the medical card or free travel pass.
The recently published Make Work Pay (MWP) report included a number of recommendations in relation to the disability allowance payment and in supporting people with disabilities to achieve their employment ambitions.
The Government has already implemented a number of the recommendations of the MWP report, while others will require further reflection or consultation with disability groups.
In launching the report, the Government announced that people with a long-term disability payment who move off the payment to get a job will retain their free travel pass for a period of five years. This measure goes beyond the recommendation of three years contained within the report and came effect from the launch date of 6th April 2017. The Government has also decided that to accept the report’s recommendation to dispense with the requirement that work be of a ‘rehabilitative nature’ for the disability allowance earnings disregard. When enacted, this will mean that a report from a doctor will no longer required before commencing work and that the focus will be on capacity rather than incapacity.
I trust that this clarifies the matter for the Deputy.
442. Deputy Michael Fitzmaurice asked the Minister for Employment Affairs and Social Protection when a person (details supplied) will receive full arrears; and if she will make a statement on the matter. [19660/18]
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 20 October 2016.
As a result of an appeals officer’s decision, CA was awarded to the person concerned on 1 May 2018 and the first payment will issue to his nominated bank account on 10 May 2018.
Arrears for the period 20 October 2016 to 9 May 2018 will also issue. The person concerned was notified of these details on 1 May 2018.
I hope this clarifies for the matter for the Deputy.
443. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection if a living alone allowance allocation being provided to a person (details supplied) is correct; and if she will make a statement on the matter. [19662/18]
Amharc ar fhreagraInvalidity 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.
The gentleman concerned is in receipt of IP at the maximum weekly personal rate awarded with effect from 13 July 2017. In addition, he was awarded a living alone allowance payable at the weekly rate of €9.00. He is also in receipt of a travel pass, the fuel allowance and the Household Benefits Package which includes electricity allowance and free television licence.
I hope this clarifies the matter for the Deputy.
444. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 2125 of 20 June 2017, the outcome of her examination of the decision of the Social Welfare Appeals Office; if the right to full social welfare payments while residing in direct provision will be granted to all nationalities with a refugee declaration, a subsidiary protection declaration or permission to remain; and if she will make a statement on the matter. [19699/18]
Amharc ar fhreagraThe individuals covered by the appeals decisions in question have been paid in full. All other cases continue to be paid in accordance with the relevant legislation.
People living in Direct Provision receive free accommodation, meals, light, heat, laundry and all services normally available in a domestic house. All costs for this are borne by the State. Social welfare legislation allows for the assessment of the value of these services in means tests for social welfare payments. It is not unreasonable that some account be taken of the value of these services, as people living in the community have to meet the equivalent costs from their social welfare payments.
The Deputy may be aware that, following a Supreme Court Judgement in May 2017, the Government has approved to opt in to the EU (recast) Reception Conditions Directive. My Department is assessing if this will have implications for the arrangements for people with status in Direct Provision. Once this assessment is complete, the Department will arrange to implement the necessary, if any, changes.
I hope this clarifies the matter for the Deputy.
445. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the case regarding alleged overpayment by a person (details supplied) in respect of their carer's allowance payment will be reviewed; and if she will make a statement on the matter. [19828/18]
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.
It is a condition for receipt of CA that the person’s means must be less than the statutory limit.
It is a further condition for receipt of payment that the carer must furnish such certificates, documents and information affecting their right to payment, that are requested by an officer of my department and the person concerned must notify the department of any change in circumstances which affect their right to payment.
During the course of a review of entitlement, it was discovered that the person concerned had not fully disclosed her means to the Department and to date she has not provided documentation that was requested from her by a social welfare inspector (SWI).
On 18 April 2018 it was decided that the person concerned was not entitled to CA from 11 September 2014 to 1 November 2017 and that she must refund the CA amounting to €38,941.00 paid to her during that period.
She was also notified of the reason for this decision and of her right of review and appeal.
If the person concerned furnishes the outstanding documentation, the matter will be reviewed and, if necessary, returned to the SWI.
I hope this clarifies the matter for the Deputy.
446. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if an application for a carer's allowance submitted in the name of a person (details supplied) was received; when a final determination will be made on same; and if she will make a statement on the matter. [19876/18]
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 13 September 2017.
Additional information in relation to the person’s means which was not submitted with the application as is required, has been requested by a deciding officer on 1 May 2018.
Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
447. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of an application for a carer's allowance by a person (details supplied); and if she will make a statement on the matter. [19930/18]
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 7 December 2017.
Additional information in relation to the person’s means was requested by a deciding officer on 2 May 2018.
Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
448. Deputy Pat Breen asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [19937/18]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer, 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.
449. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the way in which it can transpire that between combined contributions from Ireland and the United Kingdom and being only short 19 contributions from the full amount required for a full pension, a person (details supplied) is only receiving a €10 pension per week; and if she will make a statement on the matter. [19943/18]
Amharc ar fhreagraAccording to the records of my Department, the person concerned has a total of 129 reckonable paid contributions. A minimum of 520 contributions is required for entitlement to standard state pension (contributory) and a minimum of 260 contributions is required for entitlement to a mixed insurance pro-rata pension.
Under European Union regulations, a person’s social insurance record in one or more EU countries can be combined with their Irish social insurance record to determine entitlement to a pro-rata pension. A deciding officer has decided that the person concerned is eligible for an EU (mixed insurance) pro rata state pension (contributory), based on their Irish full and modified rate social insurance contributions, together with their EU social insurance contributions. The rate payable is calculated based on the proportion of Irish full-rate social insurance contributions to the person’s total social insurance contributions.
EU pro-rata pension entitlement is calculated by firstly establishing the person’s theoretical pension entitlement, by treating all the contributions as Irish and dividing that number by their number of years from start to end of employment. The person concerned has a total of 1,644 contributions (their Irish and EU contributions combined) over a 43 year period. This gives them a yearly average of 38. This gives them a theoretical weekly rate of pension entitlement (if all contributions were Irish) of €225.80.
As all contributions are not Irish, their EU pro-rata pension entitlement is calculated by multiplying their theoretical rate (of €225.80) by the number of their Irish contributions and dividing it by the number of their total contributions. In this case, the person concerned has 164 paid (and credited) Irish contributions, which, multiplied by €225.80 (the theoretical rate) and divided by 1,644 (the total number of their contributions), results in a theoretical EU pro-rata pension entitlement of €22.53. This rate is then multiplied by 164 (the number of paid and credited contributions) and divided by 522 (the total full-rate paid Irish and UK contributions). Rounded up, this gives a pro rata pension entitlement of €7.10 per week. Following the budget increase of 30 March 2018, this amount increased to €10.00 per week.
The greater the number of Irish contributions paid by a person, the higher their weekly rate of Irish EU pro-rata pension entitlement. In many cases a person is also entitled to a second (or more) pro-rata pension entitlement from other countries based on their social insurance contributions paid outside Ireland.
I hope this clarifies the matter for the Deputy.
450. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer’s benefit application by a person (details supplied); and if she will make a statement on the matter. [20011/18]
Amharc ar fhreagraCarer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a person(s) in need of full-time care and attention.
An application for CARB was received from the person concerned on 30 January 2018.
The application was awarded to the person concerned on 3 May 2018 and the first payment will issue to her nominated post office on 4 May 2018.
The person concerned was notified on 25 April 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.
451. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of a disability allowance application by a person (details supplied); and if she will make a statement on the matter. [20019/18]
Amharc ar fhreagraI can confirm that my department received an application for disability allowance (DA) from this gentleman on 8 February 2018.
On 25 April 2018 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on his eligibility. On receipt of this information a decision will be made on his DA application and the person concerned will be notified of the outcome.
I trust this clarifies the matter for the Deputy.
452. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a fish assist application by persons (details supplied); and if she will make a statement on the matter. [20025/18]
Amharc ar fhreagraThe person concerned made an application for Fish Assist on 3 May 2018. The claim is currently with a Deciding Officer and the customer will be notified of the outcome as soon as possible.
453. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will review a matter raised in correspondence (details supplied); and if she will make a statement on the matter. [20026/18]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The details supplied have been brought to the attention of the Appeals Officer who is dealing with this case.
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.
454. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a carer's allowance by a person (details supplied); and if she will make a statement on the matter. [20055/18]
Amharc ar fhreagraCarer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a person(s) in need of full-time care and attention.
The application was awarded to the person concerned on 3 May 2018 and the first payment has issued to her nominated bank account.
Arrears of benefit due from 5 April 2018 to 9 May 2018 have also issued.
The person concerned was notified on 3 May 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.
455. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the amount of funds set aside on an annual basis for contingent liability for the past ten years to date in 2018; the way in which it is determined the amount that is forecast to be needed for contingent liability; if she carries out an actuary analysis for budgeting current and future contingent liability; if she conducts a risk assessment in the context of contingent liability; and if she will make a statement on the matter. [20065/18]
Amharc ar fhreagraMy Department recognises and accounts for contingent liabilities in accordance with generally accepted accounting standards. The international accounting standard (IAS.37) defines a contingent liability as:
(a) A possible obligation that arises as from past events and whose existence will be confirmed only by the occurrence or non- occurrence of one or more uncertain future events not wholly within the control of the entity; or
(b) A present obligation that arises from past events but is not recognised because:
(1) it is not probable that an outflow of resources embodying economic benefit will be required to settle the obligation; or
(2) the amount of the obligation cannot be measured with sufficient reliability.
In accordance with Government accounting rules and generally accepted accounting standards my Department does not make an accounting provision but discloses by way of note the detail of contingent liabilities in its annual statutory accounts. These accounts are the Vote 37 Appropriation Account and the Social Insurance Fund Financial Statements, both accounts are subject to audit by the Office of the Comptroller and Auditor General.
My Department does not carry out an actuarial analysis or a formal risk assessment in respect of contingent liabilities. My Department, however as part of its annual estimate process makes provision for all expenditure likely to materialise in each financial period.
My Department also in accordance with section 10 of the Social Welfare Consolidation Act 2005 carries out an actuarial review of the financial position of the Social Insurance Fund (SIF) every five years for the purpose of determining the extent to which the Fund may be expected, in the longer term, to meet the demands in respect of the payment of social welfare benefits. SIF related expenditure accounts on average for 46% of the Department’s annual expenditure. The last review was carried out in 2017 in respect of the period ending 31 December 2015. Upon the completion of each review the report is presented to both houses of the Oireachtas. A copy of the 2015 Actuarial Report is available at: http://www.welfare.ie/en/Pages/Actuarial-Review-of-The-Social-Insurance-Fund-31-December-2015.aspx.
