Written Answers Nos. 720-746
720. Deputy Seán Haughey asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that claimants of the one-parent family payment and rent allowance are only allowed work a certain amount of hours or else they will lose these benefits; her plans to increase the income thresholds allowed to continue to be for eligible for these benefits; and if she will make a statement on the matter. [37104/18]
Amharc ar fhreagraThere is no hours-based limitation for working recipients of One-parent family payment (OFP). The only limitation to retaining an OFP payment is an upper earnings threshold of €425. If earnings are below this threshold, the OFP recipient can work whatever number of hours suits the family circumstances, and the appropriate rate of OFP, relative to the earnings received, will be paid.
Working Family Payment (WFP) may also be payable, where a minimum of 19 hours per week is worked. Again, there is no upper limit on the hours worked, but an earnings threshold applies (this varies depending on the number of children in the household). It is clear, therefore, that policy is aimed at supporting and encouraging work where this is a viable option for lone parents.
Rent supplement plays a vital role in housing families and individuals, with the scheme supporting 27,400 recipients at a cost of €180 million in 2018.
The rent supplement assessment provides for a gradual withdrawal of payment as hours of employment or income increase. Income from employment and Working Family Payment (WFP) in excess of the standard Supplementary Welfare Allowance (SWA) weekly rate of payment attracts an additional income disregard and the income is assessed as follows; the first €75 of such additional income together with 25% of any additional income above €75 can be disregarded for means assessment purposes. The standard weekly minimum rent contribution for a one parent family is €30 with many recipients paying more than this amount due their assessable means (part-time work etc.), after the appropriate disregards, being above their appropriate SWA rate.
This overarching policy concern of security of tenure is being addressed via the Housing Assistance Payment Scheme (HAP). HAP has been designed to simplify the current system of housing supports, and it allows households that get full-time employment to remain in the new scheme (rent supplement is not generally payable where a person or their spouse or partner is in full-time employment, i.e., for 30 hours or more a week). Under HAP, a ‘differential rent’ based on household weekly income is paid in the same way rents are charged to tenants in local authority housing.
The strategic policy direction of the Department is to return rent supplement to its original purpose, that of a short-term income support, and is being facilitated with the introduction of the HAP. The transfer of long-term recipients of rent supplement to HAP is expected to be completed by 2020 in line with targets set out in Rebuilding Ireland – The Action Plan for Housing and Homelessness.
721. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason for the non-payment of rent support in June and July 2018 in the case of a person (details supplied); if payment will be reinstated at an early date and arrears paid with particular reference to the likelihood of the person becoming homeless in the absence of further assistance; and if she will make a statement on the matter. [37145/18]
Amharc ar fhreagraThe purpose of rent supplement is to assist with reasonable accommodation costs of eligible persons living in private rented accommodation, where they are unable to provide for their accommodation costs from their own resources and do not have accommodation available to them from any other source.
The person concerned was in receipt of rent supplement from 01/11/06 to 31/5/18 at the monthly rate of €669.98, with a total of €10,7301 paid to date. On 01/06/18, written notification of a claim review was issued to the person concerned. The person concerned was advised that her claim was suspended and may be closed if she failed to return the requested documents within 14 days of the date of the letter. On 17/7/18, the claim was closed as the person concerned failed to make contact with the rents unit or to supply any of the requested documents in support of her claim. Written notification of claim closure issued to the person concerned along with a new application pack should the person concerned wish to make another claim.
The person concerned has now completed the SWARS1 dated 28/7/18 and returned all documentation requested. The person concerned is now in receipt of rent supplement at a monthly rate of €410.25 following a means assessment of all household income. Payment for July and August 2018 was issued to the person concerned on 30/8/2018. There was no application for June 2018.
If the person concerned wishes to pursue an application for rent supplement for June 2018, she should complete a SWARS1 for arrears and an explanation for the late application. This form has been issued to the person concerned.
I trust this clarifies the matter for the Deputy.
722. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection the way in which an applicant can be deemed fit for employment in the medical assessment for invalidity pension yet the same person is deemed unfit for work in a medical assessment for disability allowance; and if she will make a statement on the matter. [37146/18]
Amharc ar fhreagraThe criteria for medical eligibility to illness and disability schemes are defined in legislation; under the Social Welfare Consolidation Act (2005).
The criteria for medical eligibility for Disability Allowance are that the applicant must have an injury, disease or physical or mental disability that has continued, or may be expected to continue for at least one year. As a result of this disability the applicant must be substantially restricted in undertaking work that would otherwise be suitable for a person of their age, experience and qualifications. The applicant must be aged between 16 and 66 and must satisfy a means test and the habitual residence condition.
The criteria for medical eligibility for Invalidity Pension are that the applicant must have been incapable of work for at least 12 months and likely to be incapable of work for at least another 12 months or be permanently incapable of work.
Medical assessment of the applicant is premised on the above legislative criteria whereby in Invalidity Pension the applicant’s suitability for employment is assessed, for all categories of work unlike in Disability allowance wherein age, educational attainment and previous vocational experience are taken into consideration. Each case is assessed on its own merit and on a case by case basis, therefore a situation may arise where opinions differ.
723. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection the status of the review of the decision to refuse a claim by a person (details supplied); and if she will make a statement on the matter. [37147/18]
Amharc ar fhreagraInvalidity 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 an application for IP for the gentleman concerned on 27 April 2018. His application was disallowed on the grounds that the medical conditions for the scheme were not satisfied.
The person concerned requested a review and following a review of all the information available it has been decided that there is no change to the original decision. He was notified on the 14 September 2018 of the outcome of the review.
The gentleman concerned is in receipt of disability allowance since the 02 May 2018 at a reduced rate, because of his means.
I hope this clarifies the matter for the Deputy.
724. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection the status of the introduction of the YESS scheme; the criteria of the scheme; and if she will make a statement on the matter. [37168/18]
Amharc ar fhreagraThe introduction of a new Youth Employment Support Scheme (YESS) was announced as part of Budget 2018 and it will be launched in the coming weeks.
The scheme will be targeted at jobseekers aged 18-24 years of age who are: long-term unemployed or who face barriers to employment, and who are in receipt of certain qualifying payments. The scheme will aim to provide jobseekers with the opportunity to learn basic work and social skills in a supportive environment while on a work placement. The scheme will provide a supportive structure for participants, including case officer support for both placement hosts and jobseekers. Participation on YESS will be wholly voluntary for both jobseekers and placement hosts.
The scheme will be open to jobseekers and other eligible cohorts who are aged between 18 and 24 and have been out of work and in receipt of a qualifying payment for at least 12 months, or if unemployed for less than 12 months, be considered by a case officer to face a significant barrier to work.
725. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the estimated number of workers here who are categorised as being in bogus self-employment in 2017 and to date in 2018; and if she will make a statement on the matter. [37180/18]
Amharc ar fhreagra727. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the number of inspections carried out by social welfare inspectors relating to bogus self-employment in 2017 and to date in 2018; the number of incidents of bogus self-employment uncovered by these inspections in 2017 and to date in 2018; the action that followed these inspections; and if she will make a statement on the matter. [37186/18]
Amharc ar fhreagraI propose to take Questions Nos. 725 and 727 together.
There are arrangements in place for dealing with complaints of bogus or false self-employment. Social welfare inspectors inspect a wide range of businesses, as part of their on-going compliance operations. Inspections are also undertaken jointly with other agencies including the Revenue Commissioners and Workplace Relations Commission.
In 2017 social welfare inspectors carried out 979 employer inspections. In 2018, 1,273 employer inspections have been completed as of 9 September.
With respect to the question of the number of inspections, which specifically related to false self-employment and the number of workers that are categorised as being in false self-employment, I regret that the Department does not collate statistics to report on this matter.
My Department’s Scope section determines employment status and the correct class of pay-related social insurance (PRSI). Where misclassification of workers as self-employed is detected, the correct status and class is determined and social insurance arrears are collected as required. Under the Social Welfare Consolidation Act, there are specific offences in relation to the incorrect classification of employment contributions. On conviction, fines and/or imprisonment can ultimately be imposed.
In May the Department had a significant media campaign on false self-employment. The campaign was aimed at ensuring that there is better public awareness of the important service the Department provides in determining employment status and to help develop a better understanding of the scale and nature of false self-employment. The main advertising campaign ran over a two week period, with digital and social media promotions continuing for a further two weeks. The campaign directed people to a dedicated page on the Department’s website as a first step.
The new web page attracted more than 10,500 visits during the campaign with an average time of over three minutes spent on the page which is regarded as very favourable.
Scope section received some 50 calls and 30 emails during the campaign from individuals who had become aware of the service directly as a result of the ad campaign. Feedback suggests the detailed information available on the dedicated website appears to have been successful in addressing issues for many people. The majority of callers confirmed that they had visited the website first before contacting the Department. Ten formal applications for a Scope decision were registered.
Social Welfare Inspectors are undertaking targeted employer inspections based on the feedback gathered during the campaign. These will focus on the sectors identified and any companies reported to Scope section. While the number of direct contacts with Scope section has been small, the campaign has been successful in raising public awareness about the issue of false self-employment.
The following revised reply was received on 7 November 2018
There are arrangements in place for dealing with complaints of bogus or false self-employment. Social welfare inspectors inspect a wide range of businesses, as part of their on-going compliance operations. Inspections are also undertaken jointly with other agencies including the Revenue Commissioners and Workplace Relations Commission.
In 2017 social welfare inspectors carried out 2,698 employer inspections. In 2018, 1,338 employer inspections have been completed as of 9th September.
With respect to the question of the number of inspections, which specifically related to false self-employment and the number of workers that are categorised as being in false self-employment, I regret that the Department does not collate statistics to report on this matter.
My Department’s Scope section determines employment status and the correct class of pay-related social insurance (PRSI). Where misclassification of workers as self-employed is detected, the correct status and class is determined and social insurance arrears are collected as required. Under the Social Welfare Consolidation Act, there are specific offences in relation to the incorrect classification of employment contributions. On conviction, fines and/or imprisonment can ultimately be imposed.
In May the Department had a significant media campaign on false self-employment. The campaign was aimed at ensuring that there is better public awareness of the important service the Department provides in determining employment status and to help develop a better understanding of the scale and nature of false self-employment. The main advertising campaign ran over a two week period, with digital and social media promotions continuing for a further two weeks. The campaign directed people to a dedicated page on the Department’s website as a first step.
The new web page attracted more than 10,500 visits during the campaign with an average time of over three minutes spent on the page which is regarded as very favourable.
Scope section received some 50 calls and 30 emails during the campaign from individuals who had become aware of the service directly as a result of the ad campaign. Feedback suggests the detailed information available on the dedicated website appears to have been successful in addressing issues for many people. The majority of callers confirmed that they had visited the website first before contacting the Department. Ten formal applications for a Scope decision were registered.
Social Welfare Inspectors are undertaking targeted employer inspections based on the feedback gathered during the campaign. These will focus on the sectors identified and any companies reported to Scope section. While the number of direct contacts with Scope section has been small, the campaign has been successful in raising public awareness about the issue of false self-employment.
726. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the eligibility for the back to education allowance in the case of persons (details supplied); and if she will make a statement on the matter. [37185/18]
Amharc ar fhreagraThe persons concerned submitted applications for the Back to Education Allowance (BTEA) dated 18/6/18 in order to pursue a full time Level 6 foundation course.
In order to qualify for the BTEA an applicant must be progressing in the levels of education held. Both of the persons concerned currently hold a Level 8 honours degree and their applications were refused as the progression rule was not satisfied following consultation with BTEA section. Current scheme guidelines stipulate that a BTEA application cannot be approved for an applicant holding a Level 7 qualification or higher where the proposed course of study is at a lower level.
Following review requests, both applications were reviewed and the original decisions were upheld by the reviewer on completion of the reviews. A further review was requested by the first person concerned. A review was undertaken by a more senior officer than the first reviewer. On completion on the second review the decision was upheld by the second reviewer and the decision remains unchanged.
The persons concerned submitted an application to pursue the level 6 course under the Part Time Education Option (PTEO) stating that their chosen course was a part-time course and not a full-time course as originally stated. Confirmation of this was requested by the Intreo Centre on 20/8/2018. To date no further information has been received by the Intreo Centre.
It is open to the persons concerned to submit the required documentation in support of their PTEO application and a review of their circumstances and eligibility can be initiated.
I trust this clarifies the matter for the Deputy.
Question No. 727 answered with Question No. 725.
728. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason an overpayment of €198 has been assessed against a person (details supplied); if a review will be undertaken in view of the fact that such a deduction has not happened previously when such work has been done; and if she will make a statement on the matter. [37187/18]
Amharc ar fhreagraThe person concerned is currently in receipt of a Jobseekers Allowance payment of €198.00 per week. The Department was informed that the person concerned may be working or worked in the recent past. A form was issued to the customer on 6 July 2018 to confirm these details. The completed form, including a P45 was received in Ballyfermot Intreo Centre on 18 July 2018.
The overpayment occurred as the person concerned earned a gross weekly income of €480.00 for 1 days work as a Poll Clerk.
The person concerned will have a full review on their Jobseekers Allowance Claim by 21 September 2018, and they will be informed of the outcome by letter.
I hope this clarifies the matter for the Deputy.
729. Deputy Niall Collins asked the Minister for Employment Affairs and Social Protection her plans in relation to an issue (details supplied); if she will engage with an organisation; and if she will make a statement on the matter. [37197/18]
Amharc ar fhreagraThe Department has a contract with the GPs on the DEASP panel in respect of medical certification for illness and injury benefit. Section 1 of that contract states: "I will certify as accurately as possible the specific disease or bodily or mental disablement, if any, which renders such person incapable of work, in such form and containing such particulars as the Minister for Social Protection (hereinafter called “the Minister”) may from time to time require."
As part of its ongoing modernization programme the Department upgraded the illness benefit computer system. Part of that upgrade included redesigning the application form and medical certificate so they could be scanned into the computer system speeding up payments for customers (and GPs).
The Department always endeavours to consult with stakeholders before making changes. On this occasion the Department consulted with the Irish Medical Organization - a longstanding representative body with a broad range of GPs in its membership. In addition, the Department has written to all contracting GPs, setting out the changes involved and will continue to communicate with all panel holders as the new system beds in. I will continue to consult with the IMO under our Framework Agreement on a range of issues including e-certification, closed certification and changes to forms.
I trust this clarifies the matter for the Deputy.
730. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the seriousness of the condition of a person (details supplied); if their application for an invalidity pension will be reviewed in view of their medical circumstances; and if she will make a statement on the matter. [37208/18]
Amharc ar fhreagraInvalidity 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 lady referred to was refused IP on the grounds that the medical conditions for the scheme are not satisfied. She was notified on the 21 August 2018 of this decision, the reasons for it and of her right of review and appeal.
Your representation has been treated as a review request from the lady in question. Following a review of all the information available it has been decided that there is no change to the original decision. She was notified on 14 September 2018 of the outcome of the review.
I hope this clarifies the matter for the Deputy.
731. Deputy Pat Breen asked the Minister for Employment Affairs and Social Protection when an application will be processed for a person (details supplied); and if she will make a statement on the matter. [37209/18]
Amharc ar fhreagraThis domiciliary care allowance application has been finalised. The person concerned was notified on the 19th July 2018 that domiciliary care allowance has been awarded from the 1st December 2017. Arrears due for this period issued with the August 2018 payment on the 21st August 2018.
I hope this clarifies the matter for the Deputy.
732. Deputy Niall Collins asked the Minister for Employment Affairs and Social Protection the status of plans to reform the pension system in particular the anomalies in the system which discriminate against women; the legislation to be introduced to address this before the first quarter of 2019; and if she will make a statement on the matter. [37219/18]
Amharc ar fhreagraOn 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 Total Contributions basis, including provision for up to 20 years of a new home caring credit.
Legislation is being drafted to enable implementation of these arrangements, and a number of options regarding the best approach to passing that legislation are being considered. In addition, an information technology system has to be developed in line with the legislation. My Department is currently working on both of these projects. As planned from the outset, it is expected that reviews will commence in the final quarter of this year, with the first payments being made in the first quarter of 2019 backdated to the end of March this year.
It is not necessary for people to contact the Department on this matter. Once the necessary steps have been taken, my Department will write to the people impacted and provide them with the opportunity to have their pension calculation reviewed.
I hope this clarifies the matter for the Deputy.
733. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection her plans to introduce changes to the wage subsidy scheme for persons with brain injuries in view of the fact that working 21 hours as a minimum is often too difficult for many persons with this type of injury; and if she will make a statement on the matter. [37233/18]
Amharc ar fhreagraThe objective of the wage subsidy scheme (WSS) is to increase the likelihood of people with disabilities obtaining and sustaining employment in the open labour market by providing financial incentives to private sector employers.
The scheme operates by allowing private sector employers to claim a wage subsidy payment, funded by the Department, where a productivity shortfall arises from a disability. The employment being offered must be of a minimum of 21 hours per week up to a maximum of 39 hours per week.
A significant reduction in the hours worked condition for the WSS or to link the scheme with specific types of disability would not be consistent with the aim of supporting open market employment. Consequently there are no plans to change the hours worked condition at this time.
I hope this clarifies the issue for the Deputy.
734. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection the reason for the ongoing delay in a decision being made on a review in the case of a person (details supplied). [37262/18]
Amharc ar fhreagraThe review of the Invalidity Pension (IP) claim for the gentleman referred to has been finalised, following receipt of additional medical evidence, and he has been awarded IP with effect from the 18 January 2018.
Payment will issue to his nominated bank account on the 27 September 2018. Any arrears due from 18 January 2018 to 26 September 2018 (less any overlapping social welfare payment) will issue in due course.
The gentleman in question was notified of this decision on the 07 September 2018.
I hope this clarifies the matter for the Deputy.
735. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection her plans to increase the living alone allowance (details supplied). [37264/18]
Amharc ar fhreagraThe living alone allowance is an additional payment of €9 per week made to people aged 66 years or over who are in receipt of certain social welfare payments, including state pensions, and who are living alone. It is also available to people who are under 66 years of age who are living alone and are in receipt of disability allowance, invalidity pension, incapacity supplement and blind pension.
In June this year, I introduced a new telephone support allowance of €2.50 per week for people who were in receipt of both the living alone allowance and fuel allowance, ensuring the additional payment was targeted at people living alone, including pensioners, of limited means.
The appropriate rate of weekly social welfare payments, including pension payments and the Living Alone Allowance, will be considered by the Government in the context of the upcoming Budget, in light of available resources and other priorities. In this regard, each €1 increase in the Living Alone Allowance would cost an estimated €10.9 million in 2019 and a full year. This cost is subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2019.
736. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection when a decision will be reached on an application for carer's allowance by a person (details supplied); and if she will make a statement on the matter. [37271/18]
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 child or an adult who has such a disability that they require that level of care.
I confirm that my department received an application for CA from the person concerned on the 6 November 2017.
It is a condition for receipt of a CA that the person being cared for must have such a disability that as a result they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
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 February 2018 of this decision, the reason for it and of his right of review and appeal.
The person concerned requested a review and submitted additional evidence in support of his application.
Based on this additional evidence, CA was awarded to the person concerned on 10 September 2018 and the first payment will issue to his nominated post office on 27 September 2018.
Arrears of allowance due from to 9 November 2017 to 26 September 2018 will also issue. The person concerned was notified of these details on 10 September 2018.
I hope this clarifies the matter for the Deputy.
737. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection when a decision will issue on a claim for illness benefit by a person (details supplied); and if she will make a statement on the matter. [37272/18]
Amharc ar fhreagraThe Department experienced some delay following the introduction of a new system for Illness benefit. The change is part of a programme of modernisation in the Department’s Illness Benefit section which took effect from Monday, 6 August. Some GPs have continued to use the old forms after this changeover date which the Department has, to date, continued to accept in the interest of paying our customers. However, the continued use of old forms by some GPs is causing significant delays to our processing times, as the old forms are not compatible with the new system, with each one requiring manual inputting into the Department's payment systems.
However the claim form for the person concerned is now processed and he is in receipt of their full entitlements under the Illness Benefit Scheme and any/all arrears owing to him has been paid.
I trust this clarifies the matter for the Deputy.
738. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection if a review of a disability allowance payment which has been with an inspector for an extended period of time regarding a person (details supplied) will be expedited; and if she will make a statement on the matter. [37274/18]
Amharc ar fhreagraI confirm that a request for a review of the Increase for Qualified Adult (IQA) on her disability allowance (DA) was received from this lady on 25 July 2018.
The file was referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. The SWI has submitted his/her report to DA section and it is currently with a deciding officer for examination.
When a decision is made on the review of her IQA this lady will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
739. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if all medical documentation in respect of a disability allowance payment has now been registered as received in the case of a person (details supplied); and if she will make a statement on the matter. [37279/18]
Amharc ar fhreagraThis gentleman was requested to submit a medical report in order to review their disability allowance (DA) on 04 September 2018.
The information requested has been received and is currently being processed. Once a decision is made on the review the person concerned will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
740. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection if an application for carer's allowance can be changed for a person (details supplied) in County Kildare. [37289/18]
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 child or an adult who has such a disability that, as a result, they require that level of care.
I confirm that my department received an application for CA from the person concerned on the 10 August 2018.
CA can only be awarded in respect of a care recipient aged under 16 years of age where a domiciliary care allowance (DCA) is in payment in respect of that child.
DCA was awarded to the person concerned in respect of her care recipient from 1 April 2017.
Accordingly CA was awarded to the person concerned on 13 September 2018 from 6 April 2017 and the first payment will issue to her nominated bank account on 20 September 2018.
Arrears of allowance due from 6 April 2017 to 19 September 2018 will also issue. The person concerned was notified of these details on 13 September 2018.
I hope this clarifies the matter for the Deputy.
741. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will be made on a disability allowance review in the case of a person (details supplied); and if she will make a statement on the matter. [37346/18]
Amharc ar fhreagraThe person concerned was requested to submit a medical report for a review of their disability allowance (DA) on 11 October 2017. Their review, based upon all the evidence submitted, was disallowed on medical grounds as it was not found that this lady was substantially restricted in taking up employment. The person concerned was notified in writing of this decision on 16 November 2017 and was requested to submit further medical evidence to support her case.
Further medical evidence was received on 15 February 2018 and on 29 June 2018, and further reviews of this decision were carried out. The original decision was upheld and the person concerned was notified in writing on 11 September 2018.
I trust this clarifies the matter for the Deputy.
742. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection when a claim for illness benefit by a person (details supplied) will be processed; and if she will make a statement on the matter. [37347/18]
Amharc ar fhreagraThe Department experienced some delay following the introduction of a new system for Illness benefit. The change is part of a programme of modernisation in the Department’s Illness Benefit section which took effect from Monday, 6 August. Some GPs have continued to use the old forms after this changeover date. In order to facilitate the continued payment of Illness and Injury Benefit to our customers, the Department has, to date, continued to accept old MC1 and MC2 forms where provided by GPs. However, the continued use of old forms by some GPs is causing significant delays to our processing times, as the old forms are not compatible with the new system, with each one requiring manual inputting into the Department's payment systems.
However the claim form for the person concerned is now processed and she is in receipt of their full entitlements under the Illness Benefit Scheme and any/all arrears owing to her has been paid.
743. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will address a matter (details supplied) regarding the gender pension pay gap; and if she will make a statement on the matter. [37358/18]
Amharc ar fhreagraI understand that the Gender Pension Gap referred to in the material provided by the Deputy relates to an EU Commission statistic, used to calculate the difference in all pension income, including occupational pensions and personal investment pensions. While I understand this figure was calculated as approximately 37% in 2012, the latest EU Gender Pension Gap figure (including second and third pillar pensions), amounts to 26% in Ireland. The equivalent figure across the EU is 37%, and so the Irish figure is significantly lower than the norm across Europe, rather than higher as suggested in the details supplied with the question.
It is important to note that most of this gap refers to differences in payments from occupational and private pensions as conversely, the gap between average State pension payments to men and women over 66 made by my department is currently 1%. This reflects the different dynamics of 4 state pension payments – 3 of which benefit women more than men, and one (the State pension contributory) which benefits men more than women. Changing patterns in working lives over the decades are expected to continue to see the outcomes for male and female retirees converge over time.
Another EU statistic is the gender gap among over 65s in the “At Risk of Poverty and Social Exclusion (AROPE)” indicator. This gap is 2.0% in Ireland, compared to 5.6% in the EU, and is the 4th lowest among the 28 Member States. The three countries with a lower gender gap in this measure than Ireland, all have a bigger Gender Pension Gap than we do.
As a general policy, the Government intends to introduce a Total Contributions Approach (TCA) to establishing level of entitlement for all new state pension contributory claims from 2020 onwards. Separately, I announced on 23rd January an interim TCA 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.
Up to 20 years of HomeCaring credits, and/or 10 years of other qualifying credits (e.g., when unemployed or ill) may be used, subject to the total number of credits not exceeding 20 years. 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.
Legislation has to be drafted and enacted to enable implementation of these arrangements, and a number of options regarding the best approach to passing that legislation are being considered. In addition, an information technology system has to be developed in line with the legislation. My Department is currently working on both of these. It is planned to commence the reviews before the end of this year, with the first payments being made in the first quarter of 2019 backdated to the end of March this year.
My Department will write to the people impacted and provide them with the opportunity to have their pension calculation reviewed.
I hope this clarifies matters for the Deputy.
744. Deputy Pat Breen 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. [37442/18]
Amharc ar fhreagraPartial Capacity Benefit (PCB) allows a person who has been in receipt of Illness Benefit for six months and who may not have full capacity for work, to return to employment and continue to receive a partial or full payment from the Department. An Illness Benefit customer who applies for PCB will, in the first instance, be assessed by a Medical Assessor who will review the restriction, if any, on their capacity for work. A person assessed with a moderate level of work incapacity will receive 50% of their current payment, a person assessed with a severe level will receive 75% of their payment and a person assessed with a profound level will get full payment.
An application for PCB was received on 19/06/2018 from the person concerned and was referred for assessment to the Medical Adviser (MA) 25/06/2018. The medical opinion was recorded by the medical assessors on 10/08/2018 and the decision to award PCB was made by a deciding officer in PCB section on 04/9/2018. The person concerned is in receipt of 50% of payment by way of PCB, the incapacity being assessed as moderate.
Having contacted the customer it seems he does not wish to review his Partial Capacity Benefit result and is satisfied with the outcome.
745. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to a case (details supplied); and her plans to investigate whether the company's actions are in breach of the law. [37444/18]
Amharc ar fhreagraThis issue would seem primarily to relate to industrial relations issues within the company in the context of the company restructuring its operations and potential job losses. These are matters that would be for negotiation between the employer and the employees and their representatives in the normal course of resolving industrial relations issues. The Workplace Relations Commission and the Labour Court can assist with such discussions. Industrial relations matters fall within the remit of the Department of Business, Enterprise and Innovation.
It must be emphasised that Ireland operates a system of industrial relations that is voluntary in nature under which responsibility for the resolution of industrial disputes between employers and workers rests in the first instance with the employer, the workers and their representatives.
Government supports the development of an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association. An extensive range of statutory provisions have been put in place to provide the legislative support for such a framework.
There is merit in both parties working closely together and with the dispute handling mechanisms of the State to make every effort to reach a resolution on the issues in dispute to achieve a positive outcome for the employees, the company and the customers of the company.
As Minister responsible for employment rights policy, I would point out that Ireland has a comprehensive suite of employment rights legislation. The Workplace Relations Commission is mandated to secure compliance with this legislation. Where an individual believes they are being deprived of their employment rights, they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication, leading to a decision enforceable through the District Court. WRC Inspectors can also be asked to investigate certain breaches of the legislation.
The WRC's Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.
The website www.workplacerelations.ie also provides information on employment rights.
I will ask my officials to examine the issues raised in your Question in the context of the aforementioned employment rights legislation and will revert in due course.
746. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the reason persons who are regarded as self-employed home tutors and pay S class contributions accordingly are also deducted an employee PRSI contribution from their payment by the Department of Education and Skills; her views on whether this is a form of double taxation; her plans to resolve this issue as soon as possible; and if she will make a statement on the matter. [37455/18]
Amharc ar fhreagraFor the purpose of compliance with the Income Tax (Employments)(Consolidated) Regulations, and for that purpose only, the Department of Education and Skills placed home tutors on payroll in 2015 and took responsibility for deducting PAYE/PRSI/USC from them even though they are regarded as self-employed. They did this at the request of the Revenue Commissioners.
PRSI class S deductions are made and this will show up as an employee deduction. This is the only PRSI deduction made as there is no separate employer deduction.
I understand that in some instances the home tutor may also be paid by the Department of Education and Skills as an employee if they are also teaching in a school. This may have given rise to some confusion in regard to PRSI deductions.
If the Deputy is aware of specific cases, officials in my Department would be happy to advise them about their PRSI contributions.
