Willie O'Dea
Ceist:253. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection her plans for statutory bereavement leave; and if she will make a statement on the matter. [21904/18]
Amharc ar fhreagraBereavement Leave
Ceisteanna (253)
Freagraí scríofa
There is no statutory entitlement to bereavement leave in Irish legislation. Bereavement leave is normally granted at the discretion of the employer.
My colleague, the Minister for Justice and Equality has policy responsibility for maternity leave, parental leave, carer's leave, and force majeure leave. So the issue of bereavement leave would fall within this category of compassionate leave.
I understand that officials at the Department of Justice and Equality are currently working on a Family Leave Bill which will consolidate into one piece of legislation the current provisions regarding maternity, adoptive, parental and carer’s leave. However, I understand that there are no proposals to include Bereavement Leave in this Bill.
Widow's Pension Eligibility
Ceisteanna (254, 255)
Bernard Durkan
Ceist:254. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the action she will take in view of the decision in the case of a person (details supplied); when the widow's pension might be restored in view of the prospect of legal action; and if she will make a statement on the matter. [21918/18]
Amharc ar fhreagraBernard Durkan
Ceist:255. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the action she will take in view of the decision in the case of a person (details supplied) who has been accused of cohabiting; and if she will make a statement on the matter. [21920/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 254 and 255 together.
To qualify for a Widow’s, Widower’s or Surviving Civil Partner’s Non Contributory Pension, the applicant must be a widow, widower or a surviving civil partner, who is not involved in a cohabiting relationship. In the course of review and investigation of the continued eligibility for this pension, the customer herself advised the inspector that she was in a cohabiting relationship since August 2017 and signed a voluntary declaration to this effect.
As a result the applicant was advised of the decision to terminate her Widow’s, Widower’s or Surviving Civil Partner’s Non Contributory Pension due to the fact she was cohabiting. I note that the Deputy subsequently appealed this decision on behalf of the customer to the Social Welfare Appeals Office. The Social Welfare Appeals Officer concluded that cohabitation existed and disallowed the appeal. The applicant was advised of this decision on 27 April 2018.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations 1998 (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act 2005 by an Appeals Officer in the light of new evidence or new facts.
The Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts. A request for such a review by the Chief Appeals Officer may be made by writing to her at the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2. If the person concerned decides to take this course of action, it will be necessary for the person to set down specifically the reasons why they believe the Appeals Officer’s decision to be incorrect having regard to his or her interpretation or application of the law or the facts.
I trust this clarifies the matter for the Deputy.
Rent Supplement Scheme Eligibility
Ceisteanna (256)
Bernard Durkan
Ceist:256. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the position in regard to rent support in the case of persons (details supplied); if the issue regarding the level of rent support has been resolved; and if she will make a statement on the matter. [21941/18]
Amharc ar fhreagraFreagraí scríofa
The rental property of the persons concerned is in an area designated as a Rental Pressure Zone. Rents for properties in a Rental Pressure Zone, are only permitted to rise according to a prescribed formula by a maximum of 4% annually. The persons concerned informed my Department that their rent had been increased to €1300 per calendar from 1 December 2017 which is in excess of the 4% permitted as the rent had most recently been increased to €1125 per calendar month on 30 October 2014. As the maximum increased rent allowable would be €1194.38, my Department is unable to grant an increase in Rent Supplement for a rent increased in excess of this amount.
The persons concerned have been asked to provide a lease agreement and a completed Rent Supplement application form which confirms a rent being charged which does not exceed the permitted rate outlined above. On receipt of this documentation, the rate of Rent Supplement payable can be re-assessed. In the interim Rent Supplement will continue to be paid at the current approved rate.
The persons concerned have been advised to make contact with the Residential Tenancies Board to get further information regarding their rights as tenants.
I trust that this clarifies the matter for the Deputy.
Social Welfare Benefits Payments
Ceisteanna (257)
Bernard Durkan
Ceist:257. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a one-parent family allowance and child benefit will be paid in the case of a person (details supplied); and if she will make a statement on the matter. [21945/18]
Amharc ar fhreagraFreagraí scríofa
The person concerned had a claim for child benefit disallowed on 3 May on the grounds that she is not considered habitually resident in the State. As she is awaiting a decision from the Irish Naturalisation & Immigration Service regarding her permission to reside in the State she cannot be regarded as habitually resident.
Subsection (5) of the Social Welfare Consolidation Act 2005, as amended, explicitly states that a person who does not have a right to reside in the State cannot be habitually resident for social welfare purposes.
It should be noted that there is no record in the Department that the person concerned has lodged a claim for one parent family payment at this time.
I trust this clarifies the position for the deputy.
Jobseeker's Allowance Payments
Ceisteanna (258)
Bernard Durkan
Ceist:258. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the provision that can be made to alleviate hardship in the case of a person (details supplied) whose social welfare payment has been terminated and who is as a result suffering hardship; if the case can be urgently reviewed with a view to reinstatement of payment; and if she will make a statement on the matter. [21947/18]
Amharc ar fhreagraFreagraí scríofa
The person concerned failed to attend appointments with the JobPath Provider and regretfully his Jobseekers Allowance payment was reduced as a consequence of his non-engagement.
However, the person concerned re-engaged on 8 May 2018 and full payment to Jobseekers Allowance has been restored and all monies due have issued.
I trust that this clarifies the matter for the Deputy.
Defined Benefit Pension Schemes
Ceisteanna (259)
Clare Daly
Ceist:259. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection her views on the implications for pension policy and future pension provision in the private sector of the unilateral decision by a company (details supplied) to close its defined benefit scheme. [21301/18]
Amharc ar fhreagraFreagraí scríofa
While 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.
Local Authority Housing Funding
Ceisteanna (260)
Bernard Durkan
Ceist:260. Deputy Bernard J. Durkan asked the Minister for Housing, Planning and Local Government the extent to which his Department can offer further latitude for immediate expenditure by the various local authorities on measures to address the housing crisis by way of direct build; and if he will make a statement on the matter. [21928/18]
Amharc ar fhreagraFreagraí scríofa
Local authorities now have substantial pipelines of approved new social housing construction projects, details can be seen in the quarterly Social Housing Construction Status Reports published by my Department. The most recently available report sets out the position as at end quarter 4 2017 and is available on the Rebuilding Ireland website at the following link: http://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-construction-status-report-q4-2017/.
I am keen that local authorities advance all projects as speedily as possible and the funding is available to fully support their efforts in this regard. For example, to support the expansion of local authority social housing build and acquisitions programme, the funding available for 2018 has increased by over 43% compared with 2017 expenditure, with a funding provision of €639 million available this year.
Overall, the funding investment to support the implementation of the Rebuilding Ireland Action Plan is over €6 billion with a total funding provision of €1.9 billion available to meet the housing needs of almost 25,500 households this year – this represents an increase of 36% over 2017 expenditure. The capital provision is €1.14 billion, to support the delivery of almost 5,900 new social homes through construction/refurbishment and acquisition of houses and apartments by local authorities and approved housing bodies this year.
My Department will continue to work closely with all local authorities in relation to increasing and accelerating the delivery of their construction programme, including through turnkey and rapid build initiatives.
Planning Guidelines
Ceisteanna (261)
Billy Kelleher
Ceist:261. Deputy Billy Kelleher asked the Minister for Housing, Planning and Local Government the actions taken in each of the years 2015 to 2017, and to date in 2018, to ensure Ireland has a planning system that is fit for purpose for data centre investment projects in view of confirmation that a company (details supplied) will not proceed with a data centre investment in Athenry, County Galway and delays in the planning approval process. [21971/18]
Amharc ar fhreagraFreagraí scríofa
I refer the Deputy to my reply to his Question No. 338 of 19 April 2018. The position is unchanged.
Housing Data
Ceisteanna (262)
Declan Breathnach
Ceist:262. Deputy Declan Breathnach asked the Minister for Housing, Planning and Local Government the number of Rebuilding Ireland loans that have been approved and drawn down nationally; the number of such loans that have been applied for in County Louth; the number of such loans that have been approved and or drawn down in County Louth; and if he will make a statement on the matter. [21759/18]
Amharc ar fhreagraFreagraí scríofa
As with the previous local authority home loan offerings, loan applications under the Rebuilding Ireland Home Loan are made directly to the local authority in whose area the property proposed for purchase is situated. My Department therefore does not directly collect information on the number of enquiries to local authorities regarding the loan or the number of loan applications received by local authorities.
As is currently the case, my Department will continue to publish information on the overall number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Information up to Q3 2017 is available on the Department's website at the following link: www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity, and this information will be updated on a quarterly basis as additional data is compiled.
The Housing Agency provides a central support service which assesses completed applications that are made to the local authorities and makes recommendations to the authorities as to whether loan offers should be made to applicants. I have asked the Agency to centrally compile figures of the numbers of applications that it has assessed on a national basis. To the end of April, it had received a total of 660 valid applications for assessment from local authorities. Of these, 479 had been assessed, of which 46% of these were recommended for approval.
It is then a matter for the relevant local authority credit committee to ultimately determine whether a loan application is approved, having regard to the Agency's recommendation and any other relevant factors.