Written Answers Nos. 554-569
554. Deputy Martin Kenny asked the Minister for Employment Affairs and Social Protection if an increased supplementary welfare assistance exceptional needs payment will be granted to a person (details supplied) to cover funeral expenses; and if she will make a statement on the matter. [31347/18]
Amharc ar fhreagraThere are two separate arrangements whereby the Department can assist with the burials costs of a deceased person. The first is an arrangement under Section 206 of the Social Welfare Consolidation Act. Under this Section of the Act the Department may make arrangements for and provide assistance towards the burial of a person, where that person has died in the State and suitable arrangements have not otherwise been made for the burial of that person, or the person has drowned and whose body has been cast ashore, or otherwise perished and been found dead, in the State and whose body has not been claimed for burial. In these circumstances the Department will provide a basic but dignified burial for the person.
The second and more common form of assistance is in the form of an Exceptional Needs Payment (ENP). ENPs are made to help meet essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income and every case is decided based on the individual circumstances of the case.
There is no limit on the amount payable to any individual in respect of funeral costs. However, the person concerned was provided with a contribution based on the individual circumstances of the case.
A subsequent review was completed by the ENP review officer and the Ombudsman’s office also considered the case in question. Following the review, (and consultation with the Ombudsman’s office) the original decision regarding the payment in question was upheld and no grounds for making an additional payment in this case were found.
555. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection if an employment support company (details supplied) can request a service user to provide a letter or payslip from an employer which the service user has sourced independently of the company. [31439/18]
Amharc ar fhreagra556. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection if a service user of an employment support company (details supplied) must continue to engage with the employment support company for 12 months after securing employment independently of the company. [31440/18]
Amharc ar fhreagra557. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection if service users of JobPath are allocated to their nearest geographical employment support company; and if not, if they can request a transfer. [31441/18]
Amharc ar fhreagraI propose to take Questions Nos. 555 to 557, inclusive, together.
As the Deputy will know the primary purpose of the activation services provided by my Department, including the JobPath service is to assist and support jobseekers to look for and sustain full time employment. People who have been long term unemployed are referred to the JobPath service to receive one-to one intensive support from a personal adviser.
There are no barriers to the way by which jobseekers can source employment, the JobPath service helps and supports their clients to identify and pursue suitable job opportunities themselves, the personal adviser will provide any appropriate support that the person may require, from preparing their CV and assisting with the job application to financial assistance for clothing or transport costs at interview stage or in the first days of employment.
Activation services are provided for a maximum of 12 months and if a customer gains employment during this period they can then avail of in-employment supports for a minimum of 13 weeks and a maximum of 52 weeks. This includes scheduled contact with the customer as well as ad-hoc contact should they need immediate support or advice, this may be particularly important for those in temporary or part-time employment to provide the specific support needed to progress to more sustainable permanent employment, as well as those returning to employment after an extended period. The JobPath provider will continue to work with each person and provide in-employment support irrespective of how the employment was sourced
The person is not under any obligation to provide employment or employer details to the JobPath provider but, if they wish to do so and avail of the in-employment support offered, all information will be treated confidentially.
All jobseekers are referred to a JobPath service location which is linked geographically to the office at which they are claiming a jobseeker’s payment. In a handful of cases due to a specific reason, which are considered on a case by case basis, people have been facilitated to move to a different office within the same area.
558. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection the contact details for complaints by service users of JobPath. [31442/18]
Amharc ar fhreagraIt is a requirement of the JobPath Providers contract with the Department that, in the first instance, the JobPath providers investigate any issues that may arise in respect of the service they provide. Each JobPath Provider has a comprehensive Complaints Procedure which is available in every location.
The contact details for both JobPath Providers are as follows:
Seetec: A customer can make a complaint by speaking with their Employment Advisor or Business Manager, in writing to the Customer Services Manager, Seetec Employment and Skills Ireland, 2nd Floor Riverside Development, Mulhuddart Village, Dublin 15, by email to complaints@seetec.ie or alternatively Freephone Customer Services on 1800844250.
Turas Nua: A customer can make a complaint by speaking with their Personal Advisor or Performance Manager, in writing to Turas Nua, Floor 1, Benamore Business Park, Dublin Road, Roscrea, Co Tipperary, by email at Hello@turasnua.ie or alternatively Freephone Customer Services on 1800936637.
The procedure contains levels of escalation whereby complaints are dealt with at the appropriate level of authority and ensuring that matters are fully addressed. In the event a customer has availed of this procedure but remains dissatisfied with the response to their complaint, they may request my Department to carry out a review. Customers may also refer a complaint to the Office of the Ombudsman for review once they have exhausted the available complaints process.
I trust this clarifies the matter for the Deputy.
559. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [31454/18]
Amharc ar fhreagraOverpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act 2005, as amended. As part of the statutory process of finalising a decision and assessing an overpayment, the deciding officer is required to engage with the person concerned and offer them the opportunity to provide additional information in support of their claim and, as appropriate, to clarify certain matters relevant to the determination of entitlements. Any person dissatisfied with a decision on an entitlement may seek a review and/or can appeal any decision to the independent Social Welfare Appeals Office.
In respect of the matters relating to the details provided by the Deputy, a revised decision was made on the entitlements as the person was found to have means, in the form of bank deposits which had not been disclosed at the time of application, being over the applicable thresholds.
The amount of payments made in excess of entitlement has been assessed and communicated to the person concerned. The person concerned has appointed accounting and taxation advisors to support her management of this matter and the Department is content to work with these representatives.
The Department has advised the person concerned of the methods available to repay the sums overpaid and we await a response in respect of recent communications requesting full and urgent repayment of the sums advised.
I hope this information is helpful to the Deputy and addresses the issues raised by the person concerned.
560. Deputy Niamh Smyth 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. [31455/18]
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.
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.
An application for CA was received from the person concerned on 29 December 2017.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 26 April 2018 of this decision, the reasons for it and of her right of review and appeal.
A review of this decision was requested on 14 May 2018. This review is currently underway, once complete the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
561. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the changes she has made to allow access by persons to their own data held by her Department and bodies under its aegis following the introduction of GDPR; and if she will make a statement on the matter. [31470/18]
Amharc ar fhreagraThe Department is committed to protecting the rights and privacy of individuals in accordance with both European Union and Irish data protection legislation. The Department is required to lawfully & fairly process personal data about employees, customers, suppliers and other individuals in order to achieve its mission and functions.
The General Data Protection Regulation (GDPR) came into effect on 25 May 2018. The Regulation and the Data Protection Acts confer rights on individuals in relation to the privacy of their personal data as well as responsibilities on those persons holding and processing such data.
The Department has data protection and information security policies, standards, procedures and guidelines in place governing the use of its computer systems and customer data. This includes the right of all customers to access their data by way of a subject access request. Such requests can be made directly to the Department in writing or by email to the Data Protection Officer and an individual can request copies of all data collected and stored by this Department. All such requests will in normal circumstances be processed and dealt within 30 days.
562. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the staffing complement and resources of her Department's data protection officer; and if she will make a statement on the matter. [31494/18]
Amharc ar fhreagraThe Department of Employment Affairs and Social Protection attaches a high importance to data protection in line with the GDPR and Data Protection Act 2018. A Data Protection Officer (DPO) has been appointed at the level of Principal Officer. The DPO leads a team of eleven officers.
My Department also has a Business Information Security Unit which deals with data protection and the security of the Department’s information. This section is headed by a Principal Officer who leads a team of 5 officers.
563. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the data protection impact assessments her Department has commenced since 15 May 2018; and if she will make a statement on the matter. [31511/18]
Amharc ar fhreagraTwo data protection impact assessments have commenced in my Department since 15/5/2018, in accordance with Article 35 of the GDPR. They are in relation to data sharing arrangements with 1.) the Local Government Management Authority (LGMA), acting on behalf of local authorities, for the purpose of housing assessments and rent calculations, and 2.) Student Universal Support Ireland (SUSI) for the purpose of paying student grants.
564. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if the PSC is capable or will be made capable of meeting a requirement of the EU proposal to mandate the fingerprint data held on State-issued ID cards; and if she will make a statement on the matter. [31521/18]
Amharc ar fhreagraIt is understood that the deputy is referring to a proposal for a regulation of the European Parliament and of the Council. The proposal is aimed at strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
The Department is aware of the proposed regulation. The Public Services Card (PSC) is not a national identity card; nor does the State operate any such scheme. In the first instance, any requirement for strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens; would be a matter for consideration by Government and all Departments agencies dealing with these matters.
The data that can be stored on the PSC is provided for in Section 263 of the Social Welfare Consolidation Act 2005 (as amended). This does not incorporate the inclusion of fingerprints. Therefore, any change to this data set, including the inclusion of fingerprints would have to be provided for in legislation by the houses of the Oireachtas.
I trust that this clarifies the deputy’s query.
565. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection her plans to clarify to persons in receipt of a carer's allowance that they are permitted to work more than 15 hours per week exceeding the limit as long as the work is based in the home; the types of work this includes; and if she will make a statement on the matter. [31536/18]
Amharc ar fhreagraCarer's Allowance (CA) is a means-tested payment, made to a person who is habitually resident in the State and providing full-time care and attention to a child or an adult who has such a disability that they require that level of care. An increased payment can be made where full-time care and attention is being provided to two people.
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.
Employment, self-employment or education carried out inside the home is permitted and there is no limit on the duration of time spent on these activities. However, in order for CA to be awarded, a deciding officer must be satisfied that the carer can still provide full-time care and attention to a person despite carrying out these activities.
One of the requirements for a successful CA application is that the cared for person requires 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.
If the carer is deemed not to be able to provide this level of care due to the duration of activity spent on employment, self-employment or education or training courses inside the home, the application for CA will be disallowed.
Each case is decided on its own merits.
I hope this clarifies the matter for the Deputy.
566. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if her Department processes biometric data in the context of the definition of biometric data in article 4; and if she will make a statement on the matter. [31537/18]
Amharc ar fhreagraBiometric data, as defined in the GDPR, Article 4. 14, means “personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic [fingerprint] data.”
The GDPR clarifies that the processing of certain personal data, such as photographs, should not systematically be considered as biometric data unless such personal data is processed through a specific technical means allowing the unique identification or authentication of a natural person.
The collection and printing of a simple JPEG image on the Public Service Card (PSC) does not therefore constitute the collection or processing of special category data.
I wish to be clear however that these photographs are, in addition to being printed on the PSC, processed, in a separate process, via facial imaging software to create an arithmetic template which is used to detect potential identity fraud. This arithmetic template is not stored on the Public Services Card, does not form part of the public service identity set, and is not shared with any other third party. They are stored only in the facial image matching software’s database held in the Department’s own secure data centres.
The Department is satisfied that its use of facial imaging software is compliant with the law and is covered by the current legislative framework including the GDPR, the Social Welfare Consolidation Act, and the Data Protection Act 2018.
567. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection when legislation to implement the planned changes to the State pension will be introduced; and if she will make a statement on the matter. [31597/18]
Amharc ar fhreagraIn January the Government agreed an interim Total Contributions Approach (TCA) solution for those affected by the 2012 rate-band changes. Under this approach, a person who reached pension age after 1 September 2012 (i.e. who is among those affected by the new ratebands introduced from that date) and who has a 40 year record of paid and credited social insurance contributions, subject to a maximum of 20 years of credits, will qualify for a maximum contributory pension where they satisfy the other qualifying conditions for the scheme. Those with lesser records may qualify for a pro-rata amount.
This approach is expected to significantly benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. It will make it easier for pensioners assessed under the yearly average model, to qualify for a higher rate of the State Pension (contributory). This interim TCA will ensure that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines a final pension outcome.
Work is underway to draft legislation to enable implementation of these arrangements. In line with the legislation, IT solutions must be developed to implement the changes. Accordingly, in the final quarter of this year, the Department will begin inviting impacted recipients of the State Pension (contributory) to seek a review of their pension calculations, with the first payments being made in the first quarter of 2019, backdated to the 30th March 2018.
This interim TCA solution is distinct from the one which will apply for all new pensioners from 2020, and which is currently subject to a public consultation. The final design of that TCA model will be proposed to Government before the end of this year.
I hope this clarifies the matter for the Deputy.
568. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the number of persons who will benefit nationally under planned changes to the State pension; and if she will make a statement on the matter. [31598/18]
Amharc ar fhreagra569. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the number of persons who will benefit in County Cork under planned changes to the State pension; and if she will make a statement on the matter. [31599/18]
Amharc ar fhreagraI propose to take Questions Nos. 568 and 569 together.
It is estimated that two-thirds of those affected by the rate band changes in September 2012, will see their rate of payment increased under the interim Total Contributions Approach (TCA) announced on 23 January. The precise number cannot be known at this time as there may be inflows from persons on other schemes, such as the State Pension (non-contributory) or those in receipt of an Increase for Qualified Adult (IQA).
In the main, people with home-making/caring periods pre-1994, which are not covered under the current home-makers scheme, are expected to gain the most from the introduction of the HomeCaring Credits which will be a part of the new approach. There will also be some people with around 40 years contributions with big gaps in their records, who may get an increase in their payment.
Those who are less likely to benefit from the TCA model are people with lower numbers of paid social insurance contributions who have no significant home-making/caring periods. However, it should be understood that no-one will have their rate of payment reduced as a result of this announcement. Anyone who is not better off as a result of this proposal will remain on their existing rate of payment.
This Interim TCA solution is distinct from the one which will apply for all new pensioners from 2020, and which is currently subject to a public consultation. The final design of that TCA model will be proposed to Government before the end of this year therefore, it is not possible at this juncture to give a breakdown of the likely beneficiaries.
I hope this clarifies the matter for the Deputy.
