Robert Troy
Ceist:2540. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a disability allowance application by a person (details supplied) will be expedited. [34371/18]
Amharc ar fhreagraDisability Allowance Applications
Ceisteanna (2540)
Freagraí scríofa
To date there is no record in my Department of receipt of a claim for Disability Allowance from the lady in question.
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 this lady on 21 December 2017. Her application was disallowed on the grounds that she did not satisfy the qualifying medical conditions for the scheme. She was notified on 03 April 2018 of this decision, the reasons for it and of her right of review or appeal. As this lady has appealed the decision to the independent Social Welfare Appeals Office (SWAO), a submission is being prepared by the Department and will be forwarded to the SWAO for determination. The SWAO will be in touch with her directly in due course in relation to the progress of her appeal.
I hope this clarifies the matter for the Deputy.
One-Parent Family Payment Data
Ceisteanna (2541)
Robert Troy
Ceist:2541. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the number of applicants for the lone parent's allowance who failed to have the father's name registered on the child's birth certificate; and the measures she is taking to ensure fathers' names are registered on all birth certificates and maintenance is paid. [34530/18]
Amharc ar fhreagraFreagraí scríofa
There is no requirement to produce a birth certificate for the purpose of applying for One-Parent Family Payment (OFP). Consequently, there is no record of the number of applicants for OFP that do not have the father’s name included on their child's birth certificate.
There were 62,539 births registered in Ireland in 2017. Of these, 2,045, or 3.3% did not include the father's name. Compulsory registration of fathers' names is provided for in section 6(1)(b) of the Civil Registration (Amendment) Act 2014, which has yet to be commenced. A number of amendments to civil registration legislation, including this provision, remain to be commenced pending agreement from HSE employees to the roll-out of training to staff of the Civil Registration Service who are employees of the HSE.
The General Register Office is in a position to provide this training as soon as the HSE notifies it of the dates and venues. Work has been ongoing to progress this matter and as a result an advance party attended a session recently. It is hoped that the full roll out can be commenced shortly.
Claimants of One-Parent Family payment (OFP) are required to make efforts to obtain maintenance from their former spouse/civil partner/cohabitant or other parent of their child(ren). When a claim for OFP is being investigated the Social Welfare Inspector asks the claimant for the identity of the liable relative. After the claim is awarded, and if it is considered that the liable relative is in a position to contribute to the maintenance of the claimant, they are contacted by my Department and may be interviewed by an inspector. Failure to co-operate with my Department constitutes an offence under Social Welfare Law.
Matters relating to the determination of maintenance and enforcement are the responsibility of the Minister for Justice and Equality and the Courts.
Social Welfare Appeals Waiting Times
Ceisteanna (2542)
Thomas P. Broughan
Ceist:2542. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection the average number of weeks' waiting time for processing appeals for each of the social protection payments, in tabular form; and if she will make a statement on the matter. [34532/18]
Amharc ar fhreagraFreagraí scríofa
The following table provides the details which have been requested by the Deputy for this year to the end of June.
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.
All claim decisions taken by the Department's Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded and just 1% are appealed. Nevertheless, the Department is concerned that these cases are dealt with as quickly as possible.
Accordingly, significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times in respect of all schemes improved between 2011 and 2017 from 52.5 weeks for an oral hearing in 2011 to 26.4 weeks in 2017 and from 25.1 weeks for a summary decision in 2011 to 19.8 weeks in 2017.
The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with Appeals Officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the higher courts and decisions have to be formally written up to quasi-judicial standards.
Other factors that influence appeals processing times include the quality of the initial decision - in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. I expect that this will help to reduce the number of appeals over time.
In addition, a number of new Appeals Officers have joined the Appeals Office over the past year, to replace staff leaving on retirement. Given the complexity of the appeals process it takes some time for new staff to be trained up and develop expertise and this has led to somewhat longer processing times during this period. The Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office.
Finally, it should be noted that an appellant can claim supplementary welfare allowance pending the outcome of their appeal and that any favourable decisions are backdated to the original date of the claim.
I trust this clarifies the matter for the Deputy.
Appeal Processing Times by Scheme 01 January 2018-30 June 2018
|
Average processing times (weeks) - Summary Decisions |
Average processing times (weeks) - Oral Hearings |
|
|
Blind Pension |
27.4 |
- |
|
Carer’s Allowance |
24.2 |
28.1 |
|
Carer’s Benefit |
21.7 |
26.2 |
|
Child Benefit |
36.2 |
50.3 |
|
Disability Allowance |
18.0 |
25.5 |
|
Illness Benefit |
33.4 |
37.6 |
|
Partial Capacity Benefit |
29.2 |
20.3 |
|
Domiciliary Care Allowance |
31.1 |
35.2 |
|
Deserted Wife’s Benefit |
- |
30.5 |
|
Farm Assist |
42.0 |
42.6 |
|
Working Family Payment * |
28.4 |
33.5 |
|
Invalidity Pension |
23.2 |
24.1 |
|
Liable Relatives |
- |
30.7 |
|
Maternity Benefit |
26.1 |
38.8 |
|
Paternity Benefit |
27.7 |
20.6 |
|
One Parent Family Payment |
26.1 |
37.5 |
|
State Pension (Contributory) |
39.8 |
46.2 |
|
State Pension (Non-Contributory) |
31.3 |
42.2 |
|
Occupational Injury Benefit |
36.4 |
60.8 |
|
Disablement Pension |
34.7 |
29.4 |
|
OIB-Medical Care |
17.5 |
- |
|
Incapacity Supplement |
- |
29.0 |
|
Guardian's Payment (Contributory) |
30.5 |
32.4 |
|
Guardian's Payment (Non-Con) |
10.4 |
37.3 |
|
Jobseeker's Allowance (Means) |
31.9 |
34.8 |
|
Jobseeker's Allowance (Payments) |
24.9 |
30.6 |
|
BTW Family Dividend |
33.8 |
- |
|
Jobseeker's Transitional |
38.8 |
30.5 |
|
Recoverable Benefits & Assistance |
46.6 |
- |
|
Pre-Retirement Allowance |
64.0 |
29.9 |
|
Jobseeker's Benefit |
25.5 |
26.9 |
|
Carer’s Support Grant |
28.5 |
28.8 |
|
Insurability of Employment |
46.5 |
86.4 |
|
Supplementary Welfare Allowance |
22.8 |
28.2 |
|
Widow/Widower's Pension (Contributory) |
37.9 |
22.4 |
|
Widow/Widower's Pension (Non- Contributory) |
34.6 |
19.9 |
|
Widowed Parent Grant |
35.8 |
- |
|
All Appeals |
24.9 |
29.9 |
* Previously called Family Income Supplement
Carer's Support Grant
Ceisteanna (2543)
Thomas P. Broughan
Ceist:2543. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection the number of recipients of the carer's support grant; the number of applicants; the number granted, refused and appealed to date in 2018; and if she will make a statement on the matter. [34533/18]
Amharc ar fhreagraFreagraí scríofa
The Carer's Support Grant (CSG) is paid automatically on first Thursday in June to people in receipt of Carer's Allowance, Carers Benefit, Domiciliary Care Allowance or Prescribed Relative's Allowance.
Other people who are not in receipt of a social welfare payment but who are providing full time care and attention are also eligible and can apply for the a standalone CSG grant
Application for the standalone Grant is made through completion of a short questionnaire which my Department sends out annually.
Standalone Carer's Support Grant statistics for 2018 are as follows:
|
Grant statistics for 2018 |
Number |
|
Number of Applicants 2018 |
5,463 |
|
Number Granted To-date |
4,366 |
|
Awaiting Decision |
1,016 |
|
Under Appeal |
51 |
Disability Allowance Applications
Ceisteanna (2544)
Robert Troy
Ceist:2544. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a disability allowance will be awarded to a person (details supplied); and if she will make a statement on the matter. [34538/18]
Amharc ar fhreagraFreagraí scríofa
I can confirm that my department received an application for disability allowance (DA) from this gentleman on 21 May 2018.
On 21 July 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.
Carer's Benefit Applications
Ceisteanna (2545)
Robert Troy
Ceist:2545. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if carer's benefit will be awarded to a person (details supplied); and if she will make a statement on the matter. [34541/18]
Amharc ar fhreagraFreagraí scríofa
Carer'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.
I confirm that my department received an application for CARB from the person concerned on the 6 July 2018.
The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
Disability Allowance Applications
Ceisteanna (2546)
Robert Troy
Ceist:2546. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a disability allowance will be issued to a person (details supplied); and if she will make a statement on the matter. [34543/18]
Amharc ar fhreagraFreagraí scríofa
I confirm that my department received an application for disability allowance (DA) from the above named person on 18 April 2018. Additional medical evidence was also submitted for consideration on 13 July 2018.
On 13 June 2018 and on 16 July 2018 a request to supply supporting documentation required by the deciding officer in order to make a decision on eligibility. On receipt of this information and on completion of a medical review, a decision will be made and the person concerned will be notified of the outcome.
If this lady wishes to have her DA application backdated she may request this in writing, clearly stating the grounds for not having made the application at the earlier date and the matter will be considered by a deciding officer.
I trust this clarifies the matter for the Deputy.
Free Travel Scheme
Ceisteanna (2547)
Robert Troy
Ceist:2547. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the exploratory work carried out regarding the reintroduction of free travel for students; and if she will provide a costing for the proposal. [34559/18]
Amharc ar fhreagraFreagraí scríofa
The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are currently approx. 914,000 customers with direct eligibility.
The scheme is available to all people aged over 66 living permanently in the State. To qualify for the scheme, applicants who are under age 66 must be in receipt of a qualifying payment. These payments are invalidity pension, blind pension, disability allowance, carer’s allowance or an equivalent social security payment from a country covered by EC Regulations or one with which Ireland has a Bilateral Social Security Agreement. At no time was being a student a qualifying criteria for the Department’s free travel pass.
The objective of the free travel scheme is to ensure older people and people with disabilities remain active within their community. Extending the eligibility of the free travel scheme to include people who are not customers of my Department would change this objective, and radically change the nature of the scheme.
Any plans to extend the eligibility criteria for the free travel pass to allow students to qualify would have to be considered in a budgetary context and within the scope of the overall resources available.
I hope this clarifies the matter for the Deputy.
Social Welfare Benefits Eligibility
Ceisteanna (2548)
Aengus Ó Snodaigh
Ceist:2548. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the reason the decision was made to cut benefits in the case of a person (details supplied); if the one-parent family payment will be reinstated; and if she will make a statement on the matter. [34581/18]
Amharc ar fhreagraFreagraí scríofa
The person concerned withdrew their One Family application during the course of an interview with a Social Welfare Inspector on 12/01/17. They stated that they were now living with their partner and child as a family unit.
The person concerned subsequently made an application for Jobseekers Allowance where they signed a statement declaring that they were living with their partner as a couple.
As Jobseekers Allowance is a means tested scheme, the partner’s earnings are accessible as means.
If the circumstances of the person concerned have changed, they should contact the Department to have their means reviewed.
I trust this clarifies the matter for the Deputy.
Exceptional Needs Payment Applications
Ceisteanna (2549)
Aengus Ó Snodaigh
Ceist:2549. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection if she will address a matter regarding an application by a person (details supplied). [34582/18]
Amharc ar fhreagraFreagraí scríofa
The person concerned suffered the bereavement of her mother on the 19th February 2018. Firstly may I take this opportunity to extend my condolences to the person concerned and her family on their recent bereavement.
The person concerned made an application in this instance for an Exceptional Needs (ENP) payment toward the funeral costs on 5th April 2018, but as the funeral cost had been paid in full by this date, the need was met and therefore there was no basis for the award of an Exceptional Needs payment.
I trust this clarifies the matter for the Deputy.
Carer's Allowance Waiting Times
Ceisteanna (2550)
Aindrias Moynihan
Ceist:2550. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the waiting times to process applications for the carer's allowance; and if she will make a statement on the matter. [34606/18]
Amharc ar fhreagraFreagraí scríofa
My 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.
Carer'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 is being provided to two people.
At the end of June 2018 the average waiting time for new CA application was 16 weeks.
Before a decision can be made on entitlement CA, evidence must be provided to establish whether the person being cared for has such a disability that they require full-time care and attention, whether the carer is providing full-time care and attention, whether the carer is habitually resident in the State and, finally, whether the carer satisfies the means test.
In general, social welfare schemes with a number of complex qualifying conditions can take longer to process. This is compounded if the documentary evidence provided at initial application stage is incomplete or insufficient; this is sometimes the case with carer’s allowance applications.
The Department recently launched a re-designed CA application form. The new form includes a Care Report section which has been arrived at through consultation between officials and medical assessors of my Department and representatives and members of Family Carers Ireland.
It is expected that the 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 hope this clarifies the matter for the Deputy.
Domiciliary Care Allowance Data
Ceisteanna (2551)
Aindrias Moynihan
Ceist:2551. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the waiting times to process applications for the domiciliary care allowance; and if she will make a statement on the matter. [34607/18]
Amharc ar fhreagraFreagraí scríofa
The Department has set a target to process 90% of domiciliary care allowance (DCA) applications within 10 weeks. In June 2018, 89% of DCA applications were processed and decided within 10 weeks. Overall, the average time taken to process claims at present is 9 weeks.
I would like to assure the Deputy that while processing delays were experienced during the second half of 2017, the processing of DCA claims is currently up to date. Additional staff resources have been assigned to the scheme over the last 12 months to deal with the increasing number of applications being received over recent years.
I hope this clarifies matters for the Deputy.
State Pension (Non-Contributory) Applications
Ceisteanna (2552)
Aindrias Moynihan
Ceist:2552. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the waiting times to process applications for the non-contributory State pension; and if she will make a statement on the matter. [34609/18]
Amharc ar fhreagraFreagraí scríofa
My Department is committed to ensuring that claims for its pension schemes are processed as expeditiously as possible. However, claims for means-tested payments, in particular, given their nature can require more detailed investigation and interaction with the applicant, thereby lengthening the decision making process. State pension non-contributory (SPNC) is a means tested pension with increasing complexity attached to the processing of applications. These challenges can arise from the background and age of claimants, their possible multiple sources of income and savings which can also include stocks, shares and other assets. In addition, where claimants are born outside of Ireland delays can occur while necessary supporting documentation for the pension application is being sourced either directly from the claimant or social security organisations in other jurisdictions.
The SPNC scheme area has a performance target of 75% of new claims to be awarded within 12 weeks of receipt. I am pleased to advise the Deputy that in June 2018, the average time to award was 11 weeks, compared to 13 weeks in June 2017 and 69% of claims were awarded within the target timeframe. I wish to assure the Deputy that prompt processing of claims remains a priority for me and that processing times are kept under constant review.
I hope this clarifies the matter for the Deputy.
Disability Allowance Applications Waiting Times
Ceisteanna (2553)
Aindrias Moynihan
Ceist:2553. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the waiting times to process applications for the disability allowance; and if she will make a statement on the matter. [34610/18]
Amharc ar fhreagraFreagraí scríofa
The average time to award a Disability Allowance (DA) new application in June 2018 was 12 weeks.
My Department is committed to ensuring that claims are processed as expeditiously as possible. The DA scheme area is continuously monitored and reviewed to ensure applications are processed and customers are responded to as quickly as possible.
I hope this clarifies the matter for the Deputy.
Invalidity Pension Waiting Times
Ceisteanna (2554)
Aindrias Moynihan
Ceist:2554. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the waiting times to process applications for the invalidity pension; and if she will make a statement on the matter. [34611/18]
Amharc ar fhreagraFreagraí scríofa
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 average time taken to award a new IP claim is currently eight weeks. The Department is committed to ensuring that claims and reviews are processed as expeditiously as possible.
I hope this clarifies the matter for the Deputy.
Child Benefit Administration
Ceisteanna (2555)
Aindrias Moynihan
Ceist:2555. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the way in which persons are selected for review of their child benefit payment; and if she will make a statement on the matter. [34613/18]
Amharc ar fhreagraFreagraí scríofa
Child benefit is a universal monthly payment made to the parents/guardians of children that assists families with the cost associated with raising children. Child benefit is paid to around 630,000 families in respect of some 1.21 million children with an estimated expenditure of around €2.086 billion in 2017.
Safeguarding the child benefit budget is a priority and the Department takes a proactive approach to ensuring that it is only paid to eligible families. A control strategy has been adopted and operated by the Department which includes risk assessment, surveys of the levels of fraud and error, scheme specific review policies, data matching initiatives with both external and internal parties and investigation of anonymous reports. These controls ensure that review activity is targeted in the most effective manner and the results are monitored.
One of the main features of the child benefit control programme, for customers who are paid at their local post office, is the monthly check carried out when the customer collects the payment. Another key measure, for customers who are paid by electronic fund transfer (EFT), is the issue of continuing eligibility (CE) certificates. The child benefit control programme is kept under regular review based on the outcomes achieved. CE Certificates are targeted at the risk groups identified in fraud and error surveys; issuing primarily to those customers who are paid by EFT.
The total savings from child benefit control activity was €74 million in 2017. The Department has issued 220,000 continuing eligibility certificates to customers in 2018 and has generated just under €30 million in savings to the end of June.
I trust this clarifies the matter for the Deputy.
Question No. 2556 answered with Question No. 2446.
Brexit Staff
Ceisteanna (2557)
Barry Cowen
Ceist:2557. Deputy Barry Cowen asked the Minister for Employment Affairs and Social Protection the number of extra employees to be hired in her Department between now and March 2019 to prepare for a hard Brexit; the specific roles these new employees will take up; the estimated cost of hiring these new employees; the impacts on her Department's expenditure ceilings for 2018 and 2019; and if she will make a statement on the matter. [34663/18]
Amharc ar fhreagraFreagraí scríofa
The Government’s contingency planning for Brexit was initiated well in advance of the UK referendum in June 2016. Co-ordination of the whole-of-Government response to Brexit is being taken forward through the cross-Departmental co-ordination structures chaired by the Department of Foreign Affairs and Trade. On 18 July the Minister for Foreign Affairs and Trade presented a detailed Memorandum to the Government on Brexit Preparedness and Contingency Planning.
Contingency planning for a no-deal or worst-case outcome, bringing together the detailed work being undertaken by individual Ministers and their Departments on issues within their policy remit, was identified as an early priority and is now well advanced. Its focus is on the immediate economic, regulatory and operational challenges which would result from such an outcome. It assumes a trading relationship based on the default WTO rules, but also examines the possible effects on many other areas of concern.
This work has provided baseline scenarios for the impact of Brexit across all sectors, which can then be adapted as appropriate in light of developments in the EU-UK negotiations. This is enabling the modelling of potential responses under different scenarios, such as one where a withdrawal agreement, including a transitional arrangement, is concluded and where a Free Trade Agreement is the basis for the future relationship between the EU and the UK.
In relation to the areas under my remit, the key area of concern is the impact of Brexit on the current reciprocal arrangements for social insurance (which includes pensions) and social assistance schemes and child benefit between Ireland and the UK, including Northern Ireland.
I met with the UK Secretary of State for Work and Pensions, the Right Honourable Esther McVey in April. I emphasised my objective of ensuring that the reciprocity of civic rights and social welfare rights and entitlements, which currently exist for Irish and UK citizens moving within Ireland and between Ireland and Britain under the Common Travel Area, are safeguarded and maintained. I am happy that we have a broad agreement to preserve the status quo in that regard.
My Department is continuing its assessment of the implications of Brexit on these areas on a scheme-by-scheme and client basis. Any staffing requirements will be dealt with as they arise but I expect that any requirements can be accommodated within the Department's existing cadre of staff.
Departmental Staff Data
Ceisteanna (2558)
Barry Cowen
Ceist:2558. Deputy Barry Cowen asked the Minister for Employment Affairs and Social Protection the number of unfilled vacancies in her Department; the time these vacancies have been open from when the roles were first advertised to date for each vacancy or group of vacancies; the number of unfilled vacancies in each agency under her remit; the time these vacancies have been open from when the roles were first advertised to date for each vacancy or group of vacancies; and if she will make a statement on the matter. [34681/18]
Amharc ar fhreagraFreagraí scríofa
My Department, like all Government departments and agencies, is required to operate within a staff ceiling figure and a commensurate administrative budget which for this Department has involved reductions in staff numbers.
The staffing needs for all areas within the Department are continuously reviewed, taking account of workloads, management priorities and the ongoing need to respond to new and increasing demands in a wide range of services. This is to ensure that the best use is made of all available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department. This is managed through a programme of workforce planning to include training & development and internal redeployment of staff. It is in that context and on the basis of business needs that posts are filled.
In addition to internal redeployment, the Department fills posts from panels established by the Public Appointments Service (PAS), who are responsible for recruiting on behalf of the civil service, through internal promotion competitions and through transfers. PAS are currently working on filling 101 posts for the Department. Due to the complexities involved in the filling of posts and the number of posts involved, it is not possible to give details of exactly when a post becomes open for filling.
The Citizens Information Board (CIB) and the Pensions Authority come under the aegis of my Department. CIB currently have one vacancy which became vacant this month and was advertised on the 18th July. The Pensions Authority currently has nine posts to fill. Two of the posts were advertised by PAS and on the Pensions Authority website – one on 18th May and one on 21st June. It is envisaged that the remaining seven posts will be advertised in the coming weeks.
EU Directives
Ceisteanna (2559)
Jim O'Callaghan
Ceist:2559. Deputy Jim O'Callaghan asked the Minister for Employment Affairs and Social Protection the details of the EU directives that fall under her remit that are not yet transposed into law; the deadline imposed by the EU for the transposition of same; and the estimated date for the transposition of those directives into law. [34709/18]
Amharc ar fhreagraFreagraí scríofa
There are 3 EU Directives which come within the remit of my Department which have not yet been transposed:
- Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights,
- Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast), and
- Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.
Directive 2014/50/EU provides for the improvement of the minimum EU rules around acquisition and preservation of pension rights, thereby supporting worker mobility. The deadline imposed by the EU for the transposition of this Directive was 21st May 2018. While existing Irish pensions law is already compliant with many of the aspects of the Directive, some minor and technical amendments to the Pensions Act 1990 will be necessary in order to fully transpose this Directive.
It is intended that these legislative changes will be included by way of Committee Stage Amendments to the Social Welfare, Civil Registration and Pensions Bill 2017 which is currently before the Oireachtas.
Directive (EU) 2016/2341 provides for a range of new requirements concerning governance, management standards in schemes, safekeeping of assets, the need for clear and relevant information to members, the removal of obstacles to cross-border provision of pension services and the facilitation of cross border transfer of schemes. There are also provisions that will enhance the powers of the Pensions Authority for effective supervision of occupational pensions in Ireland.
Transposition of this directive, which is due by 13th January 2019, will require the amendment of the Pensions Act 1990 and Regulations made under that Act. It is anticipated that this Directive will be transposed into Irish law before the end of this year.
Directive (EU) 2018/957, which amends the earlier Directive 96/71/EC on the posting of workers, provides for changes in relation to the applicability of collective agreements, the rules on remuneration of posted workers including in situations of sub-contracting, the duration of posting and the rules on temporary agency workers.
Transposition of this Directive, which is due by 30th July 2020, will require amendments to a number of areas of employment and labour law. It is anticipated that this Directive will be transposed into Irish law by early 2020.