Written Answers Nos. 700-715
700. Deputy Fergus O'Dowd asked the Minister for Employment Affairs and Social Protection the applications submitted for funding and projects from Meath and Louth County Councils in 2016, 2017 and to date in 2018 for projects decided upon or in progress in tabular form. [32005/18]
Amharc ar fhreagraThe only applications for funding received by my Department from Meath and Louth County Councils during the period concerned were in respect of wages for participants on the Gateway programme. Details are outlined in the following Table.
|
Gateway - Louth & Meath County Councils |
2016 |
2017 |
2018 |
|
Applications received and approved from Louth CC |
1 |
1 |
0 |
|
Louth County Council number of participants |
68 |
6 |
0 |
|
Applications received and approved from Meath CC |
1 |
1 |
0 |
|
Meath County Council number of participants |
112 |
18 |
0 |
I trust that this clarifies the matter for the Deputy.
701. Deputy Martin Heydon asked the Minister for Employment Affairs and Social Protection the status of the preparation of legislation to facilitate reviews for those in receipt of contributory pensions post 2012 who took time out to care for family; when these reviews will commence; and if she will make a statement on the matter. [32043/18]
Amharc ar fhreagraThe introduction of a total contributions approach, TCA, to pensions calculation was signalled by the then Government in the national pensions framework in 2010, with a target date of 2020 for its implementation. On 23 January last, this Government agreed to a proposal that will allow pensioners affected by the 2012 changes in rate bands to have their pension entitlement calculated on a TCA basis, including provision for up to 20 years of a new home caring credit.
The TCA ensures that the totality of a person’s social insurance contributions, as opposed to the timing of them, determines what their final pension outcome will be. In particular it will benefit people whose work history includes an extended period of time outside the paid workplace raising families or in a full-time caring role. Crucially, unlike the proposed homemaking credits proposed in 2010, the home caring credit now proposed will apply to periods both before and after 1994. This recognises that most people reaching pension age between 2012 and 2019, if they had taken a home caring break, would most likely have done so before 1994.
This approach will make it easier for many post-2012 pensioners affected by the 2012 rate band changes and who are currently assessed under the yearly average model to qualify for a higher rate of the contributory State pension. A person who reached pension age after 1 September 2012 and who has a 40 year record of paid and credited social insurance contributions, subject to a maximum of 20 years of the new home caring credits, will qualify for a maximum contributory pension where they satisfy the other qualifying conditions. Up to ten years of other credits can be awarded when they were on jobseekers or illness benefit and they are also subject to the total credits not exceeding 20 years.
Legislation is currently being drafted and there is a requirement for this to be enacted to enable implementation of these arrangements, and a number of options regarding the best approach to bringing that legislation are being considered. Following this, what is most important is that the information technology, IT, solutions are ready in line with the legislation because I have made a commitment to pay people from the first quarter of next year. I must ensure that the IT systems are developed to proceed with those plans. Accordingly, it was planned that the reviews would commence in the final quarter of this year, with the first payments being made in the first quarter of 2019. We are still on course to meet these targets.
I trust this clarifies the matter for the Deputy.
702. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection when community employment supervisors can expect the implementation of the recommendations of the Labour Court. [32084/18]
Amharc ar fhreagraThe Labour Court recommended in July 2008 that an agreed pension scheme should be introduced for community employment (CE) scheme supervisors and assistant supervisors, and that such a scheme should be adequately funded by FÁS, the funder of CE at the time.
The Deputy should note that Community Employment (CE) scheme supervisors are employees of private companies in the community and voluntary sector that receive public funding. They are not employees of my Department or public servants, and as such were not subject to pay reductions under the provisions of the Financial Emergency Measures in the Public Interest (FEMPI) which only applied to public servants. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.
The CE supervisors’ pension provision issue is currently being examined by a Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform. A number of Departments including my own Department are represented on this group, as are the unions and Pobal.
A detailed scoping exercise was carried out with input from the Irish Government Economic and Evaluation Service (IGEES) on the potential costs of providing Exchequer support for the establishment of such a pension scheme for employees across the Community and Voluntary sector in Ireland. The exercise clearly illustrated that this matter presents very significant issues for the Exchequer, with a potential cost to the State of €188 million per annum in respect of funding to enable an employer pension contribution in State funded
Community and Voluntary organisations, excluding any provision for immediate ex-gratia lump sum payment of pension as sought, which could, depending on the size of the sector, entail a further Exchequer cost of up to €318 million.
I am very conscious that while the issue relates to Community Employment supervisors and assistant supervisors, such individuals comprise of just one small group within the wider Community and Voluntary sector.
The Deputy should note that any provision of State funding for such a scheme in respect of those employees could potentially give rise to claims for similar schemes on the part of those in the broader sector, thus crystallising the potential level of liability. Any solution to this issue will require careful consideration, in particular the implications for scarce Exchequer resources.
703. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection her plans to amend legislation regarding the State pension (contributory) with particular reference to persons whose insurance contribution records were interrupted due to periods in receipt of farm assist; if the periods that persons were on farm assist can be credited for insurance purposes; if this issue will be considered in the context of the 2019 social welfare Bill; and if she will make a statement on the matter. [32098/18]
Amharc ar fhreagraThe farm assist scheme was introduced in 1999 to provide income support for low income farmers. It replaced the former smallholders’ unemployment assistance payment. In line with the then existing arrangements for unemployment assistance (including smallholders) and pre-retirement allowance, the income of farm assist recipients was exempt from class S PRSI for self-employed workers.
Recipients of farm assist who had previously paid Class S social insurance had the option of paying voluntary contributions to maintain their social insurance record, provided they satisfied the qualifying conditions. Since 1 January 2007, the exemption from class S PRSI has been removed and those receiving jobseeker’s allowance and farm assist are subject to Class S PRSI as self-employed contributors on their self-employed income, provided their annual income is €5,000 or more.
There are currently no plans to amend legislation regarding the State pension (contributory), to award a maximum rate payment to pensioners who had such a period during 1999-2006 when they were exempt from paying PRSI contributions.
However, a person aged over 66 with limited PRSI contributions over the course of their life may claim a State pension (non-contributory) if they have an income need, and this entitlement is not based on payment of social insurance contributions. The maximum weekly rate is €232, i.e. over 95% of the maximum contributory pension rate. While it is means-tested, there are very significant disregards which are to the benefit of claimants, and a significant majority of such pensioners are paid at the full rate.
I hope this clarifies the matter for the Deputy.
704. Deputy Billy Kelleher asked the Minister for Employment Affairs and Social Protection the number of recipients of family income support in each of the years 2010 to 2017 and to date in 2018, in tabular form. [32113/18]
Amharc ar fhreagraWorking Family Payment (WFP) formerly Family Income Supplement is a weekly tax-free payment which provides additional income support to employees on low earnings with children. WFP is designed to prevent in-work poverty for low paid workers with child dependants and to offer a financial incentive to take up employment. There are currently over 55,000 families in receipt of WFP. To qualify for WFP a person must be in full time remunerative employment as an employee for a minimum of 38 hours per fortnight or 19 hours per week. It is also possible to combine hours worked with a spouse, civil partner or cohabitant to meet this condition. The average family income must not exceed a prescribed amount which varies according to the number of qualified children. The numbers of WFP recipients for years 2010 to 2018 (to date) are as follows:
|
Year |
Recipients |
|
2010 |
28,223 |
|
2011 |
28,876 |
|
2012 |
32,307 |
|
2013 |
44,159 |
|
2014 |
50,306 |
|
2015 |
55,913 |
|
2016 |
57,567 |
|
2017 |
57,745 |
|
*2018 |
*55,815 |
|
*Up to 11 July 2018 |
It should be noted that the above figures refer to the number of families in receipt of WFP at week 52 of the relevant year. The figures may fluctuate from week to week.
I trust this clarifies the matter for the Deputy.
705. Deputy Billy Kelleher asked the Minister for Employment Affairs and Social Protection the cost of implementing a living wage of €11.90 for all employees directly employed and or in agencies funded by her Department; and if she will make a statement on the matter. [32222/18]
Amharc ar fhreagraThe estimated cost of implementing a living wage of €11.90 for all employees directly employed in my Department and its agencies (including Temporary Clerical Officers) would be €1,718,941 per annum.
My Department ensures that all staff are on pre-determined salary scales negotiated at central level.
706. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the way in which the privacy notice on her Department's website was changed on 6 July 2018; the person or persons that agreed to the change; the way in which special category data will be processed; the reason the online wording of the privacy notice was changed a number of times on the morning of 6 July 2018; and if she will make a statement on the matter. [32254/18]
Amharc ar fhreagraThe Press Office in my Department was contacted by a journalist last week to point out that the Department’s GDPR privacy statement appeared to contradict the Department’s position that photographs collected as part of the SAFE2 registration process are not biometric.
It was pointed out in the press query that my Department’s position is that it does not collect biometric data from customers as part of the SAFE process but that the Privacy Statement indicated that ‘special categories of personal data’ including biometric data are also required to be collected at times.
Examples given in the Privacy Statement of these special categories included biometric data used for the purpose of identification. Biometric data is a valid example of a special category of data, as defined under Article 9 of the GDPR.
However, on review, officials in my Department took the view that the Privacy Statement should be amended to remove anything that may create confusion, especially in relation to the SAFE process and the collection and use of photographs for the Public Service Cards.
Accordingly, on Friday last, a decision was made to amend one line of my Department’s Privacy Statement to clarify the position in relation to the collection of photographs for the purpose of establishing identity. Photographs do not, of themselves, constitute biometric data (they are simply JPEG images) and it was inaccurate to suggest that the photographs were biometric.
The relevant section of the Privacy Statement now simply states that at times we need to collect data such as photographs used for the purpose of identification.
With regard to your question of how special category data is processed special categories of personal data are according to the GDPR “data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited”. The GPPR is also clear that the photographs should not systematically be considered to be special categories of personal data as they are covered by the definition of biometric data only when 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. Further information on the Department’s processing of photographs to detect identity fraud is available at https://psc.gov.ie/faqwd/where-is-the-biometric-or-arithmetic-template-of-the-photograph-stored-and-who-has-access-to-it/
707. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if biometric data is processed and stored by her Department (details supplied); and if she will make a statement on the matter. [32255/18]
Amharc ar fhreagraThe GDPR definition of biometric data is as follows:
“‘biometric data’ 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 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.
My Department uses facial image matching software to strengthen the SAFE registration process. 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. The Department is also clear that it does not collect or share biometric data but that it does create such data for its own use in accordance with the law.
708. Deputy Martin Kenny asked the Minister for Employment Affairs and Social Protection the reason the spouses and families of participants of rural social schemes are not entitled to a medical card; her plans to introduce this measure in budget 2019; and if she will make a statement on the matter. [32256/18]
Amharc ar fhreagraThe medical card scheme is administered by the HSE on behalf of the Minister for Health therefore any question relating to eligibility for medical cards should be addressed to my colleague the Minister for Health.
709. Deputy Gerry Adams asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the case of a person (details supplied) who has appealed a decision in relation to a payment; when a decision will issue in relation to the appeal [32303/18]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that a one parent family payment appeal by the person concerned was registered in that office on 3 July 2018. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers are received from the Department the case in question will be 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 appeal 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.
710. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection if community employment supervisors will be allowed the option of working to 70 years of age (details supplied); and if she will make a statement on the matter. [32308/18]
Amharc ar fhreagraCommunity Employment (CE) participants and supervisors are employees of private companies in the community and voluntary sector. My Department is not the employer of CE participants or supervisors and such employees are not public servants but are employees of the sponsoring organisations. Therefore they are not subject to the changes recently introduced for public servants who can now work until they are 70 years.
Funding for the employment of supervisors on community employment is available until the supervisor reaches state pension age. The Social Welfare and Pensions Act 2011 provided for the necessary amendments to increase the state pension age in line with the National Pensions Framework. It provided for an increase in the age for qualification for the state pension from 66 years to 67 years from 2021, and a further increase to 68 years from 2028.
It is open to CE supervisors to remain on CE until the working day before their birthday at which they reach State Pension age as follows:
- 66 for those born before 1 January 1955;
- 67 for those born on or after 1 January 1955; and
- 68 for those born on or after 1 January 1961
There are currently no plans to make any changes to the funding available for CE supervisors as they are already allowed to remain until the current State Pension age i.e. 66 years at present.
I trust this clarifies the matter for the Deputy.
711. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) only qualified for a reduced pension rate; and if she will make a statement on the matter. [32349/18]
Amharc ar fhreagraMy Department is carrying out a review of the social insurance contribution record of the person concerned. Once the required information is available, the outcome of the deciding officer’s decision will be notified without delay to the person concerned and the Deputy’s office.
I hope this clarifies the position for the Deputy.
712. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if rent support will be increased in the case of a person (details supplied); and if she will make a statement on the matter. [32354/18]
Amharc ar fhreagraThe 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. A rent increase in excess of this maximum of 4% annually cannot be approved for Rent Supplement assessment.
There is no record that the persons concerned have informed the Department that their rent has been increased to €1,200 per calendar month, which is in excess of the 4% permitted.
The Department have contacted the persons concerned today to advise them that this increase is in contravention of the Rent Predictability Measures enacted under the Planning and Development (Housing) and Residential Tenancies Act 2016 (the ‘2016’Act).
A Rent Supplement Review form has been issued to the persons concerned. On receipt of this documentation the rate of Rent Supplement payable can be reassessed.
The persons concerned have been advised that , if their landlord increases the rent in contravention with this legislation they should 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.
713. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the reissue of a PPS number will be arranged in the case of a person (details supplied); and if she will make a statement on the matter. [32356/18]
Amharc ar fhreagraThe person concerned already has a Personal Public Services Number allocated to them. He can obtain this by attending his local Intreo office with some form of acceptable identification and it will be provided to him.
714. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if an increase in jobseeker's allowance will be made in the case of a person (details supplied); and if she will make a statement on the matter. [32359/18]
Amharc ar fhreagraAs outlined in replies to Questions 36815-16, 17382-18, 19501-18 and 24160-18 the person concerned is in receipt of a Jobseeker Allowance at a reduced rate. The reduced rate arises from an assessment of means derived from rental income. The decision was upheld by the Social Welfare Appeals Officer and the person concerned was advised by the Social Welfare Appeals office of the decision on 12 October 2017. A letter issued from Newbridge Intreo Office on 24 October 2017 advising the person concerned of the award of her claim and a further letter issued to her on 26 October 2017 advising the detail of an arrears payment of €3,448. Any change in circumstances, particularly with regard to rental income, should be brought to the attention of Newbridge Intreo Centre.
I trust this clarifies the matter for the Deputy.
715. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if an application by a person (details supplied) for disability allowance will be expedited. [32377/18]
Amharc ar fhreagraDisability Allowance is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66 years. 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.
A person must submit a completed application form for disability allowance to the Department in order to have their eligibility assessed and a formal decision made on their entitlement. To date no application for disability allowance has been received from the person concerned.
Invalidity 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 Department received a claim for IP for the gentleman concerned on 12 March 2018. His application was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on the 24 May 2018 of this decision, the reasons for it and of his right of review and appeal. To date there is no record of a request for a review or an appeal having been received from the gentleman in question.
I trust this clarifies the matter for the Deputy.
