Written Answers Nos 243-252
243. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the reason a person who becomes unemployed and then receives jobseeker's benefit cannot claim for a child dependant over 18 years of age in full-time education for the first six months; the rationale for the six month timeframe; and if she will make a statement on the matter. [21755/18]
Amharc ar fhreagraThe jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and who are available for and genuinely seeking full-time employment. The 2018 Estimates for the Department provide for expenditure this year on the jobseekers’ schemes of €2.17 billion. An increase for a Qualified Child (IQC) is normally payable until the child reaches 18 years of age. Where a person is in receipt of either jobseekers allowance or jobseekers benefit for at least 156 days and the child is in full-time education, an IQC will be paid up to 22 years of age or up to the end of the academic year in which he or she reaches 22. Time spent on other social welfare payments can be combined to meet the 156 days requirement, but the period between any two payments must not be more than 26 weeks.
Where a student reaches 18 during the academic year, and the customer is in receipt of a short-term payment but does not satisfy the 156 days requirement, the IQC will continue to be paid in respect of that child up to the 30th June following the birthday or until s/he completes the full-time day course, whichever is the earlier. Where a student reaches age 22 during an academic year, payment of the IQC is continued for the duration of that academic year, provided s/he remains in full-time education until then.
If a person is in receipt of a reduced rate jobseeker’s benefit payment and their income is insufficient to meet their needs, they may, subject to a means test, be eligible for a top-up under the supplementary welfare allowance scheme.
244. Deputy John Brady asked the Minister for Employment Affairs and Social Protection if a person can be granted a back to education allowance to partake in a short course which is nine months in duration rather than six months; if the rules regarding this will be relaxed in certain circumstances to assist persons in returning to education to retrain and upskill; and if she will make a statement on the matter. [21756/18]
Amharc ar fhreagraThe Department of Social Protection provides a wide range of second chance education opportunities for unemployed people, lone parents and people with disabilities under the back to education programme. The objective is to raise education and skills among the long term unemployed to meet the requirements of the modern labour market. The back to education programme provides a comprehensive range of options from which an unemployed person can choose the option appropriate to his/her needs. A person wishing to pursue a course of study on the BTEA must be pursuing a full-time course of study leading to a recognised qualification and progressing in their level of education. If the short course cited is a full-time course, this can be approved under BTEA a part-time course would not be approved under BTEA.
A person wishing to undertake a part-time course can apply for approval under the Education, Training and Development option (ET&D) or the Part-Time Education Option (PTEO) and may continue to receive, subject to satisfying certain conditions, his/her existing social welfare payment while attending recommended courses. The Department’s Intreo staff will be happy to advise an individual of the option that might best suit their needs.
245. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the number of lone parents who are in receipt of the jobseeker’s transition payment; the number in receipt of the one parent family payment; and if she will make a statement on the matter. [21757/18]
Amharc ar fhreagraAt the end of April 2018, 14,469 people were in receipt of Jobseeker’s Transition Payment (JST), and 39,348 people were in receipt of the One-Parent Family Payment (OFP). I note that both of these payments are only available to parents who are bringing children up without the support of a partner.
246. Deputy John Curran asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of partial capacity benefit; and if she will make a statement on the matter. [21764/18]
Amharc ar fhreagraThere were 2,361 persons in receipt of partial capacity benefit at the end of April 2018.
247. 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. [21774/18]
Amharc ar fhreagraCarer's allowance (CA) is a means-tested social assistance payment, made to persons who are habitually resident in the State and are providing full-time care and attention to a person who has such a disability that they require that level of care. Full-time care and attention is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The person concerned is in receipt of CA since 22 January 2012. An application in respect of a second care recipient was received from her on 30 November 2017. The evidence submitted in support of this application was examined and the deciding officer decided that the evidence did not indicate that the requirement for full-time care was satisfied in respect of the second care recipient.
The person concerned was notified on 24 April 2018 of this decision, the reasons for it and of her right of review and appeal.
To date no request for review or appeal has been received by my Department.
I hope this clarifies the matter for the Deputy.
248. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection the status of the claim for a working family payment by a person (details supplied); when a decision will issue; and if she will make a statement on the matter. [21779/18]
Amharc ar fhreagraAn application for Working Family Payment (WFP) was received from the person concerned on 30 April 2018. At the time of application, the person concerned was in receipt of Jobseekers Allowance (JA) which is not payable with WFP. This customer’s JA was closed on 16 May 2018 so WFP has been awarded and will be paid to their bank account on 18 May 2018.
I trust this clarifies the matter for the Deputy.
249. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of the review of eligibility for the insolvency payments scheme; and if she will make a statement on the matter. [21837/18]
Amharc ar fhreagraThe purpose of the insolvency payments scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act, 1984, which, in turn, derives from EU Council Directive 987/80, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer.
Where a person’s former employer was a limited company, the company must be in liquidation or receivership in order for the person to be eligible to claim under the insolvency payments scheme. In such circumstances, the liquidator or receiver becomes the relevant officer for submitting claims as he or she has access to the company records and can certify that the amounts claimed are in order.
There can be situations whereby employers have ceased trading without engaging in any formal wind-up process and some or all of their former employees are left with money owed to them. Such people are not covered by the insolvency payments scheme.
The Department is continuing to review the position to establish what, if anything, can be done to progress payments to individuals in situations where employers cease trading without engaging in a formal winding-up process and owe moneys to their employees. The Department is consulting a range of interested parties, including the Office of the Director of Corporate Enforcement, the Department of Jobs, Enterprise and Innovation and the Revenue Commissioners, in respect of these issues.
In this regard, it is important to note that there are very difficult legal issues arising in insolvency law and the potential impacts that any proposed policy development might have on company law generally have to be considered.
I am not in a position to indicate at this stage when the review will be completed as there are still some legal cases before the courts.
I hope this clarifies the matter for the Deputy.
250. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that persons are waiting approximately 19 weeks for a decision to be made on their carer's allowance application; her target time for decisions on applications for carer's allowance; and if she will make a statement on the matter. [21856/18]
Amharc ar fhreagraMy Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.
The target processing time for the carer’s allowance scheme is to award 70% of new claims within 12 weeks. This can be challenging because of the complexities of the application process and the amount of information needed. However my Department recognises that the current wait time must be improved and is working to achieve this. At the end of April 2018 the average waiting time for new carer's allowance (CA) applications was 18 weeks which was an improvement on the March figure of 19 weeks.
The number of applications for CA has increased by 26% since 2015.
In general, social welfare schemes with a number of complex qualifying conditions can take longer to process. Before a decision can be made on entitlement to carer’s allowance, evidence must be provided in respect of the care recipient’s care requirement, the level of care the carer provides and the carer’s means.
Staff resources have been re-assigned within the CA area to work on claims processing and a redesigned application form will be available shortly. This new form will allow carers to provide more information on the type and level of care they provide, with an aim to providing Deciding Officers with the information they need to expedite decisions on entitlement.
I expect the processing times in the carer’s allowance area to show improvement over the coming months as a result of these changes.
I hope this clarifies the matter for the Deputy.
251. Deputy Colm Brophy asked the Minister for Employment Affairs and Social Protection when a decision will issue in respect of an application by a person (details supplied) for family income supplement; and if she will make a statement on the matter. [21859/18]
Amharc ar fhreagraWorking Family Payment (WFP), formerly known as Family Income Supplement, is a weekly tax-free payment which provides additional income support to employees on low earnings with children. WFP is paid for fifty-two weeks and a person must re-apply at the end of each fifty-two week period to have their payment renewed. The Working Family Payment of the person concerned is due for renewal on 14th June 2018 when her weekly payment will increase to €65 per week. I hope this clarifies the matter for the Deputy.
252. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection if concerns outlined in correspondence from a person (details attached) in respect of pensions will be examined; and if she will make a statement on the matter. [21862/18]
Amharc ar fhreagraWhile it is not appropriate for me to comment on an individual pension scheme, I am aware of recent announcements regarding the pension scheme in question and plans to close the scheme to future accrual. Neither I nor the Pensions Authority has the power under legislation to intervene to compel an employer to continue to make contributions to a scheme. Even where a scheme is closed to new members or to future accrual of benefits, the sponsoring employer role continues in relation to that scheme.
Almost all Irish defined benefit schemes have a rule that allows the employer to cease contributions, usually after a notice period. Currently there is no legislative obligation on the employer to make contributions and no further liability on the employer where contributions cease. Neither is there an obligation on the employer to give notice to members or to consult in advance of ceasing contributions.
However, in the case where a restructuring of benefits is proposed, the employer and the trustees of a pension scheme are required to notify scheme members, beneficiaries and the authorised trade unions. Furthermore, changes made to the Occupational Pension Schemes (Section 50 and 50B) Regulations in 2015 require trustees to also notify groups representing the interests of pensioners and deferred scheme members in a scheme in such a situation.
The Roadmap for Pensions Reform, which was published recently, 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. The purpose of this Bill is to respond to the ongoing difficulties in DB schemes and to increase protections for members as well as encouraging employers to ensure that schemes are well funded and managed.
The general scheme of the Bill, which was published in May 2017, 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 by providing a 12 month notification period where an employer is seeking to cease making contributions to a scheme. The amendments 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.
The amendments also provide for more frequent monitoring of the financial position of schemes and will further provide that, where a scheme is in deficit and a funding proposal has not been put in place in a timely manner, the Pensions Authority may direct steps to be taken to ensure that the scheme meets the funding standard.
It is important to note that if this new legislation is enacted, a scheme will have to give a minimum notice period of twelve months before contributions can be stopped. However, it will not prevent a company from ceasing contributions once the minimum notice period is served provided the scheme meets the Minimum Funding Standard.
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 at the end of May or early June. With the cooperation of the Oireachtas, the Government intends to pass this legislation before the summer recess.
I hope this clarifies the matter for the Deputy.
