Written Answers Nos. 206-232
206. Deputy Clare Daly asked the Minister for Health if it is the practice of UHL to isolate patients colonised or infected with CPE or other drug-resistant infections; and if so, when this practice commenced. [39070/18]
Amharc ar fhreagra207. Deputy Clare Daly asked the Minister for Health when the external review into possible association of CPE with patient deaths between February 2009 and May 2017 will be published; and if the recommendations of that review are being implemented by UHL pending publication. [39071/18]
Amharc ar fhreagra208. Deputy Clare Daly asked the Minister for Health if his attention has been drawn to the recent upward trend in CPE cases at UHL (details supplied); if he has sought an explanation from UHL for this upward trend in view of the fact that both an internal and external review into CPE management at the hospital have been conducted; and if he will make a statement on the matter. [39072/18]
Amharc ar fhreagraI propose to take Questions Nos. 206 to 208, inclusive, together.
As these are service matters, the questions have been referred to the Health Service Executive for attention and direct reply to the Deputy.
209. Deputy Willie Penrose asked the Minister for Health if funding will be made available to the National Rehabilitation Hospital in order to allow a prosthesis to be manufactured for a person (details supplied); and if he will make a statement on the matter. [39104/18]
Amharc ar fhreagraThe Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.
As the Deputy's question relates to a service issue, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.
210. Deputy Declan Breathnach asked the Minister for Agriculture, Food and the Marine if a programme of assistance will be introduced to help farmers who have lost up to 70% of their maize crop due to the conditions during Storm Ali; if his attention has been drawn to the fact that harvesting machinery is incapable of lifting a maize crop once it has fallen; and if he will make a statement on the matter. [38997/18]
Amharc ar fhreagraMaize is a crop that is predominantly grown in a covered system (under plastic film) and is typically harvested between the end of September and the end of October. While many crops were unaffected by Storm Ali, I am aware of some crops in localised areas were adversely impacted to varying degrees.
It is my understanding that the majority of the affected maize crops remain salvageable with some additional attention required at harvesting.
As this storm and other recent weather events have shown, farmers require access to measures that improve their capacity to respond to these occurrences. I have asked my officials, in the context of the upcoming CAP reform, to examine all available risk management tools to determine which of these may be most appropriate to the farming sector. A programme of assistance in respect of Storm Ali is not being considered at present.
211. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if a matter regarding form payments in the case of a person (details supplied) will be addressed; and if he will make a statement on the matter. [39002/18]
Amharc ar fhreagraThe person named submitted a 2018 Basic Payment/Areas of Natural Constraint schemes application on 15th May 2018. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases remote sensing (i.e. satellite) inspections, be completed before any payments issue.
The application of the person named was selected for a Remote Sensing eligibility inspection.
Processing of this inspection necessitated the verification of the position on the ground by means of a field visit in respect of one of the parcels declared. In addition, an assessment of all of the other parcels declared against the available satellite imagery is required. The outcome of the full inspection process is now being processed to finalisation with the intention of issuing any payments due to the nominated bank account of the person named as soon as possible.
In the event that any queries arise officials in my Department will be in contact with the person named.
212. Deputy Clare Daly asked the Minister for Communications, Climate Action and Environment the action he plans to take to deal with the use of social media sites to promote the illegal and dangerous so-called MMS as a purported cure for autism with particular reference to the need for stiffer penalties for those involved who are essentially endangering and abusing children; and if he will make a statement on the matter. [38921/18]
Amharc ar fhreagraThe Action Plan for Online Safety, published by Government on 11 July 2018 reaffirms the principle that Ministerial responsibility for policy in relation to online matters is delineated on the basis that, if a Minister is responsible for a policy matter offline, they are responsible for that policy matter - and any aspects of its implementation - online as well.
The Deputy will appreciate that I am not responsible for policy in relation to the matter in question, and that the question should be referred to my colleague, the Minister for Health.
213. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the amount and proportion of plastic waste generated that is sold or diverted to incineration; and if he will make a statement on the matter. [38933/18]
Amharc ar fhreagra215. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment if recyclable plastics that are coloured black are actually recycled here; if not, the steps he is taking to address this issue, inform the public regarding same and to prevent such material from entering the waste stream; and if he will make a statement on the matter. [38935/18]
Amharc ar fhreagraI propose to take Questions Nos. 213 and 215 together.
National waste policy is predicated on and consistent with European Union waste policy, which has the waste hierarchy as its cornerstone. Under the waste hierarchy, the prevention, preparation for reuse, recycling and recovery of waste is preferred to the disposal or landfill of waste.
Every effort is made to ensure that waste which cannot be prevented, prepared for reuse or recycled is recovered (including through waste to energy) as opposed to being landfilled.
In line with the principles of the waste hierarchy, collectors of municipal waste must implement and maintain a system for the collection of segregated dry recyclables, including plastic which is suitable for recycling. Where waste has been source segregated prior to collection, the collection permit further requires that the waste shall not be mixed with other waste types and shall be delivered to a suitable authorised facility. In this regard, the two waste to energy plants operating in Ireland which accept municipal waste may only accept residual municipal waste. However, contaminated recyclable plastic and plastic which is not currently suitable for recycling in Ireland and which ends up in the recycling bin are removed at Material Recovery Facilities and sent for energy recovery or landfill, as appropriate.
To supplement the above regulatory regime, the Government has funded a range of measures to support better recycling so that more plastic which is suitable for recycling is diverted from the residual bin, waste to energy plants and landfill, including:
- the development a national standardised list of items that can go into the recycling bin, including rigid plastic items, which is available at http://recyclinglistireland.ie/;
- a public education campaign on the recycling list rolled out by the regional waste management authorities, comprising radio advertisements, social media, billboards/posters, etc., to promote the list; and,
- a ‘master recycling’ programme, also run by the regional waste management authorities, in partnership with environmental NGOs, to roll out 650 workshops across the country training recycling ambassadors to bring the recycling message and understanding to a wide variety of communities.
The list stipulates that rigid plastics, such as plastic drink bottles, plastic cleaning bottles or fruit and vegetable trays, regardless of their colour, may be placed in the recycling bin.
A new national municipal waste characterisation study which commenced in December 2016 will be completed shortly. Results from this study could inform future estimates on the amount of plastic in municipal waste which is going to waste to energy plants.
214. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment if plastic waste generated here and sold or diverted to incineration can be counted in the measure of recycling rates; if he will seek assurances from a company (details supplied) that its reported rates of recycling do not include plastics sold or diverted to incineration; and if he will make a statement on the matter. [38934/18]
Amharc ar fhreagraIn accordance with the Waste Framework Directive the recovery of waste packaging includes a variety of waste processing operations including: - Recycling
- Incineration
- Solid Recovered Fuel (which replaces fossil fuels in cement kilns)
However, only materials recycled and not recovered can be counted as recycled either in Ireland or abroad.
The EU Packaging Directive sets targets for all packaging including a 22.5% recycling rate for plastic packaging.
Repak, operating under my approval, is a not for profit producer-funded compliance scheme tasked with helping Ireland achieve these targets. Repak report quarterly to my Department and annually to me on their work and as mentioned above, only material that is recycled can be reported towards the attainment of recycling targets. Repak charges fees to its members in accordance with the amount and type of packaging they place on the Irish market. These fees are used to subsidise the collection and recovery of waste packaging through registered recovery operators across Ireland
The Environmental Protection Agency (EPA) is responsible for the collation and analysis of waste packaging data. The latest packaging statistics provided by the EPA to the European Commission in June 2018, indicate that 275,510 tonnes of plastic waste was generated in Ireland in 2016. Of this 35.7% was recycled and 79.7% was either recycled or recovered.
216. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the members and partners of the consortium which has submitted a tender for the national broadband plan; and if he will make a statement on the matter. [38987/18]
Amharc ar fhreagra218. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if the only remaining bidder for the national broadband plan is a company (details supplied); and if he will make a statement on the matter. [38991/18]
Amharc ar fhreagraI propose to take Questions Nos. 216 and 218 together.
I have been advised by my Department that the Bidding Consortium in the National Broadband procurement process is led by Granahan McCourt and that the bidder has nominated a number of key subcontractors including enet, Nokia, Actavo, the Kelly Group and KN Group to assist in the delivery of the National Broadband Plan Contract.
My Department is evaluating the Final Tender submission received from the Bidding Consortium on 18 September 2018. This is a significant milestone as the NBP procurement process has now entered its final stage.
217. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the status of the development of a composite national coverage map by the Commission for Communications Regulation; and if he will make a statement on the matter. [38990/18]
Amharc ar fhreagraAction 31 of the Mobile Phone and Broadband Taskforce Implementation Review 2017, which Minister Kyne and I published on 21 February 2018, commits ComReg to developing and subsequently publishing on its consumer website a composite national coverage map, which will enable consumers across Ireland to make better informed decisions when choosing telecommunications service providers. I understand that the composite national coverage map is due to be published by end Q4 2018. In addition to the development of the national coverage map, a number of other initiatives are under way, which will address mobile coverage blackspots:
- My Department and the Department of Rural and Community Development have worked to achieve a greater consensus around site selection for telecoms infrastructure and therefore improve mobile phone coverage.
- Both Departments also worked with a pilot group of local authorities to identify the issues associated with mapping local blackspots. This pilot exercise has been completed, with all local authorities having been asked to map local blackspots and identify infrastructure that could potentially be used to provide additional coverage on an economic basis. This exercise is ongoing, and has been included in the 2018 Taskforce Work Programme.
- A focus group was established to provide guidance with respect to categories of location where high quality reliable mobile coverage should be made available as a priority. The report of the focus group was published on my Department’s website on 31 August 2018. It is anticipated that the output of the focus group should influence the actions of the mobile network operators in their work to reduce mobile phone blackspots. It will also inform future policy in my Department with regards to priorities for mobile phone services.
- A working group has been established with the remit of investigating the feasibility of developing standardised policy for accessing and utilising State and publicly owned assets for the deployment of telecommunications infrastructure.
- In addition to its work on handset testing, following a consultation process, ComReg has also developed a licensing scheme which will enable households and businesses to use mobile phone repeaters to boost signals into their premises and bring immediate improvements in mobile coverage.
All of these initiatives should assist in enhancing the quality of mobile phone and data services, particularly in rural areas.
219. Deputy Eamon Scanlon asked the Minister for Communications, Climate Action and Environment the position regarding support measures for former licensed eel fishermen; and if he will make a statement on the matter. [39027/18]
Amharc ar fhreagraIreland’s Eel Management Plan (EMP), including the closure of commercial fishing, was approved, in 2009, by the European Commission under EU Regulation 1100/2007. Fishing for eel was by way of public licence and therefore the issue of compensation does not arise. However, both Minister Naughten and I have secured Exchequer funding for a support measure. Officials have engaged with the European Commission in relation to Ireland's proposals to fund a support scheme for former eel fishermen and the Department has received written advice from the Revenue Commissioners as regards the tax treatment of any payments under such a scheme.
It is intended that the scheme will be open to former fishermen who held an Inland Fisheries Ireland eel fishing licence or a permit from ESB in the period prior to the closure. Officials are liaising with IFI and ESB to verify catch records declared by fishermen and I expect that an announcement of the scheme and a call for applications will be made shortly.
220. Deputy Patrick O'Donovan asked the Minister for Communications, Climate Action and Environment when a school (details supplied) will be able to access high speed broadband; and if he will make a statement on the matter. [39040/18]
Amharc ar fhreagraThe premises of the school referred to by the Deputy is in the AMBER area on the High Speed Broadband Map which is available on my Department's website at www.broadband.gov.ie. The school is therefore included in the State Intervention Area under the National Broadband Plan (NBP). My Department is in a formal procurement process to select a company who will roll out a new high speed broadband network in the State intervention area, and is now evaluating the Final Tender submission received from the bidding consortium on 18 September 2018. This is a significant milestone as the NBP procurement process enters its final stage.
For those premises currently awaiting access to high speed broadband, practical initiatives will continue to be addressed through the work of the Mobile Phone and Broadband Taskforce to address obstacles and improve connectivity in respect of existing and future mobile phone and broadband services.
Under this Taskforce, engagement between telecommunications operators and local authorities through the Broadband Officers is continuing to strengthen. These Broadband Officers are acting as single points of contact in local authorities for their communities. The appointment of these officers is already reaping rewards in terms of ensuring a much greater degree of consistency in engagements with operators and clearing obstacles to developing infrastructure. The Department of Rural and Community Development maintain a list of Broadband Officers, a link to which is available on my Department's website at
https://www.dccae.gov.ie/en-ie/communications/topics/Broadband/national-broadband-plan/Pages/NBP-Information-Leaflets.aspx.
221. Deputy Micheál Martin asked the Minister for Transport, Tourism and Sport if all active bus drivers have completed all of the courses provided or that are necessary under the driver CPC requirements; if data shows each category of drivers; the way in which it compares with September 2013 statistics; the compliance ratings for same; if he is satisfied with the progress being made; and if he will make a statement on the matter. [38992/18]
Amharc ar fhreagraThe operation of the driver CPC system is the responsibility of the Road Safety Authority. I have therefore referred the Question to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.
222. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 651 of 18 September 2018, if the matter will be referred to the RSA; and if he will make a statement on the matter. [38994/18]
Amharc ar fhreagraI have referred this matter to the RSA for their attention and for direct response to you. Please notify my office if you do not receive a reply within 10 working days.
223. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if he will address a matter regarding the case of a person (details supplied); and if he will make a statement on the matter. [38996/18]
Amharc ar fhreagraThis is a matter for Swim Ireland as the National Governing Body for swimming. National Governing Bodies are independent, autonomous bodies and I do not have a role in relation to internal disputes or complaints between clubs and individuals. Nor would it be appropriate for me to intervene in such disputes. I would, however, encourage the parties to any dispute to use the dispute resolution mechanisms that are in place for sport.
If it is not possible to resolve this matter through the internal dispute resolution procedures for swimming, I would suggest that, in consultation with Sport Ireland, it could be dealt with through an independent dispute resolution service. Sport Ireland requires NGBs to sign up to dispute resolution and Just Sport Ireland is their preferred approach to dispute resolution in sport. I understand that Swim Ireland is signed up to Just Sport Ireland. Just Sport Ireland can be contacted at: Just Sport Ireland, Irish Sport HQ, National Sports Campus, Blanchardstown, Dublin 15, Tel: 01 6251155 or email: registrar@justsport.ie.
224. Deputy Patrick O'Donovan asked the Minister for Transport, Tourism and Sport the likely position of persons with UK driver licences here in the context of Brexit; if they will be accepted post-Brexit; and if he will make a statement on the matter. [39074/18]
Amharc ar fhreagraThere are two aspects to this Question, that of driving on a visitor basis and that of licence exchange.
In relation to driving in Ireland on a UK licence, under the 1949 Geneva Convention on Road Traffic, people who hold a UK driving licence will be able to drive in this jurisdiction for up to a year at a time on a visitor basis. Contrary to some reports, they will not need to acquire an International Driving Permit to do so. In particular, people who reside in Northern Ireland and regularly cross the border will be able to continue to do so.
If a person is resident in the jurisdiction for more than a year and holds a UK driving licence, they will be required to obtain an Irish driving licence. Under EU law, licences issued by Member States may be exchange when a person moves from one Member State to another. After the UK departs from the EU, the default position will be that UK licences will no longer be exchangeable for Irish licences.
It is possible that a final agreement between the EU and the UK on future relations may involve an agreement on continuing mutual recognition of driving licence for exchange. If this is not the case, Ireland may be in a position to reach a bilateral agreement with the UK on driving licence exchange. Such agreements are dependent in the first instance in the two licensing regimes concerned having compatible driver licensing - in other words testing - standards. The Road Safety Authority would assess such compatibility, as it has done for several overseas jurisdictions and, subject to a favourable outcome, we would be able to reach a driving licence exchange agreement with the UK, should such agreement be required.
225. Deputy Peter Fitzpatrick asked the Minister for Children and Youth Affairs the reason no insurance has been provided by Tusla since 2011 to cover foster parents in view of the fact that they had been previously covered by the HSE; her plans to introduce insurance for these persons; if so, when; and if she will make a statement on the matter. [38971/18]
Amharc ar fhreagraAs the Deputy is aware, foster carers are no longer covered by a commercial public liability insurance policy. Attempts by Tusla to secure continuing commercial cover have proved unsuccessful. However, I am pleased to confirm that pending a permanent solution, all foster carers have an indemnity on an individual basis where required. This is on an ex-gratia basis as a temporary measure to address immediate individual cases while the overall indemnification issues are being resolved.
As I have stated previously, I fully support extending the State Indemnity Scheme under the State Claims Agency to foster parents. Unfortunately, this has taken longer than expected due to technical issues associated with the approvals and statutory process involved, but I can assure the Deputy that work is continuing to address these matters. My Department has been in discussion with the Department of Public Expenditure and Reform on the matter, and my intention is to include foster carers under the General Indemnity Scheme operated by the State Claims Agency as soon as possible. In this regard, work is ongoing with the Office of Parliamentary Counsel to draft the necessary Order for Government.
My Department has written to the Irish Foster Carers Association (IFCA) outlining the position and, through the Association, foster carers have been informed as to the current position. IFCA have been kept up to date on a continuous basis. In addition, I understand that Tusla has also made publicly available the information provided to IFCA so as to communicate the position to those foster carers who are not members of that association.
226. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the child population which each family resource centre serves; the socio-economic profile of this population in each case; and if she will make a statement on the matter. [39028/18]
Amharc ar fhreagraI have requested Tusla to respond directly to the Deputy on this matter.
227. Deputy Timmy Dooley asked the Minister for Rural and Community Development the status of the provision of a map of blackspots in mobile coverage undertaken by the mobile phone and broadband task force; and if he will make a statement on the matter. [38989/18]
Amharc ar fhreagraThe Mobile Phone and Broadband Taskforce was established in July 2016 to examine broadband and mobile phone coverage deficits in Ireland and identify tangible actions to improve the quality of these services.
The Taskforce Report was published in December 2016, encompassing 40 actions to alleviate barriers to mobile phone reception and broadband access. An Implementation Group was established in 2017 to oversee the delivery of the actions in the Taskforce’s report. Progress reports on the delivery of these actions are published on my Department's website on a quarterly basis.
With regard to the specific issue of mobile phone blackspots, my officials, in conjunction with the Department of Communications, Climate Action and Environment, are actively engaged with local authorities and mobile phone operators to identify priority blackspots and take action to address this issue.
During 2017, officials of both Departments worked with a group of local authorities to identify the issues associated with mapping local blackspots. Building on this exercise, a call was issued to all local authorities in 2018 to map local blackspots and identify infrastructure that could potentially be used to improve telecommunications services. To date, 17 local authorities have provided data on more than 200 blackspots. This data, coupled with information provided by mobile phone operators, has established an empirical base upon which further research and policy development will be built.
It is important to note that the number of blackspots is constantly changing as new telecommunications infrastructure is rolled out and upgraded. However, the blackspot information that the Department has received so far is providing valuable data regarding poor coverage in specific rural areas and along national and regional roads. The Department is continuing to work with the telecommunications providers to ensure that new infrastructure is targeted at the areas most in need.
In addition, a Focus Group was established earlier this year by the Department of Communications, Climate Action and Environment to provide guidance with respect to categories of location where high quality reliable mobile coverage should be made available as a priority. The report of the Focus Group was published in August 2018 and sets out a ranked list of categories of location where high quality mobile coverage should be available. It also recommends the level (in terms of quality and reliability) of coverage needed for these locations with respect to mobile voice and data services.
228. Deputy Robert Troy asked the Minister for Rural and Community Development if an application for a playground grant through the LEADER programme will be granted to a group (details supplied) [38977/18]
Amharc ar fhreagraLEADER is a multi-annual programme covering the period 2014-2020. It is co-funded by the EU and funding is delivered through Local Action Groups (LAGs) in each of the 28 LEADER sub-regional areas around the country.
In order for a project to be eligible for LEADER funding, it must be compatible with the actions outlined in the approved Local Development Strategy in the sub-regional area concerned, and it must comply with the Operating Rules and EU Regulations in place for the programme.
I am advised that an application for funding under the LEADER programme in respect of the project referred to by the Deputy was received in June by the Local Action Group which administers the programme for the area concerned. I understand that the application will be considered by the LAG Evaluation Committee shortly.
The decision to approve a project, or otherwise, is a matter for the Local Action Group in the relevant area and the outcome of the process will be made known by the LAG in due course.
229. Deputy Robert Troy asked the Minister for Rural and Community Development if an application for a playground grant through the LEADER programme will be granted to a group (details supplied). [38978/18]
Amharc ar fhreagraLEADER is a multi-annual programme covering the period 2014-2020. It is co-funded by the EU and funding is delivered through Local Action Groups (LAGs) in each of the 28 LEADER sub-regional areas around the country.
In order for a project to be eligible for LEADER funding, it must be compatible with the actions outlined in the approved Local Development Strategy in the sub-regional area concerned, and it must comply with the Operating Rules and EU Regulations in place for the programme.
I am advised that an application for funding under the LEADER programme in respect of the project referred to by the Deputy was received on 5 June 2018 by the Local Action Group which administers the programme for the area concerned. I understand that the application will be considered by the LAG Evaluation Committee shortly.
The decision to approve a project, or otherwise, is a matter for the Local Action Group in the relevant area and the outcome of the process will be made known by the LAG in due course.
230. 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. [38966/18]
Amharc ar fhreagraI confirm that my department received an application for carer’s allowance (CA) from the person concerned on 22 May 2018.
The application was awarded to the person concerned on 12 September 2018 with effect from 24 May 2018. The first payment issued to her nominated bank account on 20 September 2018.
Arrears of allowance due from 24 May 2018 to 19 September 2018 issued on 20 September 2018.
The person concerned was notified on 12 September 2018 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
231. 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. [38993/18]
Amharc ar fhreagraMy department received an application for carer’s allowance (CA) from the person concerned on 19 April 2018.
Carer'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.
The evidence submitted in support of this application was examined and the deciding officer decided that although a certain level of care was being provided the level involved did not amount to full-time care.
The person concerned was notified on 16 July 2018 of this decision, the reason for it and of her right of review and appeal.
A review of this decision was requested and the outcome of the review was that it was decided that the requirement for full-time care and attention was satisfied.
The application was awarded to the person concerned on 21 September 2018, with effect from 19 April 2018, and the first payment will issue to her nominated post office on 27 September 2018.
Arrears of allowance due from 19 April 2018 to 26 September 2018 will also issue to the person concerned on 27 September 2018.
The person concerned was notified on 21 September 2018 of this revised decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
232. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a carer's allowance will be awarded to a person (details supplied); and if she will make a statement on the matter. [39000/18]
Amharc ar fhreagraAn application for carer's allowance (CA) was received from the person concerned on 31 July 2017.
It is a condition for receipt of a CA that the person being cared for must have such disability that 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.
It is also a condition of CA that full time care and attention is being provided.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses outside the home for a maximum of 15 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
The deciding officer in this case disallowed the application on two grounds. Firstly that, based on the evidence provided, the person being cared for did not require full-time care and attention as defined in social welfare legislation. was satisfied. Secondly, that full time care and attention was not being provided as the applicant was engaged in employment in excess of 15 hours per week.
The person concerned was notified on 13 November 2017 of this decision, the reason for it and of her right of review and appeal.
The person concerned appealed this decision to the Social Welfare Appeals Office (SWAO) on 4 December 2017. A submission in support of the decision was prepared and forwarded to the SWAO on 27 March 2018 for determination.
The appeal was disallowed by the SWAO on 10 July 2018.
Subsequently the matter was recalled on 27 August 2018 by the SWAO for further investigation.
On 12 September 2018, the Department received notice from the SWAO that the initial decision remained unchanged and that the appeal was disallowed.
I hope this clarifies the matter for the Deputy.
