Written Answers Nos. 67-84
67. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection if she is satisfied that Intreo offices provide sufficient accessibility to persons seeking to access exceptional and urgent needs payments; and if she will make a statement on the matter. [38860/18]
Amharc ar fhreagraUnder the supplementary welfare allowance (SWA) scheme, my Department may make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. An urgent needs payment (UNP) is a once-off payment made to persons who may not normally qualify for SWA but who have an urgent need which they cannot meet from their own resources or an alternative is not available at that time. The Government has provided over €36 million for these payments in 2018.
The ENP scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.
Provision of a prompt service is a major objective for the Department, especially for the SWA scheme which is the safety net within the social welfare system. The Deputy will be aware that my Department has re-engineered its business model to support the provision of integrated services across all business streams involved in the delivery of localised services. As part of this strategy, the Department is engaged in the delivery of integrated Intreo centres, which provide a full range of services, including the Community Welfare Service (CWS), generally available in one location. This means that the frequency of CWS public clinics has increased and an improved phone and appointments service is generally available.
Alternative arrangements are in place for those who cannot travel, for example due to illness, as well as in response to emergency situations such as those caused by severe weather events. This could include home visits or the provision of emergency or out of hours services.
I wish to assure the Deputy that the ENP scheme is kept under review to ensure that it continues to support those most in need of assistance. If the Deputy has concerns in respect of a particular case he should bring the details to the attention of the Department.
I trust this clarifies the matter.
68. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection her plans to provide additional supports to carers; her further plans to remove the means test for the carer's allowance. [38858/18]
Amharc ar fhreagraIt is clear through the commitments contained in both the Programme for Government and in the National Carers’ Strategy, that this Government recognises the crucial role that family carers play in Irish society and is fully committed to their support through a range of supports and services. The main income supports provided by my Department include carers allowance, carers benefit, domiciliary care allowance and carers support grant. Spending on these payments in 2018 is expected to amount to almost €1.2 billion.
Turning specifically to carer's allowance, this is a payment made to people who are providing full-time care and attention and whose income falls below certain limits. The application of a means-test not only ensures that the recipient has an income need but also that scarce resources are targeted to those with the greatest need. The means test for carers allowance is already one of the most generous in the social protection system. At the end of July 2018, there were over 77,000 people in receipt of carers allowance.
Removing the means test for carers allowance would, in effect, create a new universal social protection scheme for those meeting the scheme’s basic condition. Based on the total number of carers identified as part of Census 2016, it has been estimated that a universal carers payment could cost in excess of €1billion per annum over and above current spending. Increased expenditure on this scale would fundamentally change the nature of financial support and clearly reduce the scope to fund other critical schemes and services.
While I will continue to seek to improve the support for carers, any changes to payment schemes must be considered in an overall budgetary context.
69. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the case of a person (details supplied) who has been refused invalidity pension due to the fact that they became ill and had to give up self-employment before the date on which the self-employed became eligible for an invalidity pension. [38656/18]
Amharc ar fhreagraFrom the introduction of the invalidity pension (IP) in 1970 up to 1 December 2017, self-employed PRSI (Class S) contributions could not be used to satisfy the social insurance qualifying contributions for Invalidity Pension.
The extension of Invalidity Pension (IP) to self-employed contributors from the 1st December 2017 has, for the first time, given the self-employed access to a social insurance based income support if they become permanently incapable of work as a result of an illness or disability, without having to go through a means test. This represented a real improvement in the level of social insurance cover available to the self-employed even though the level of contribution was not increased and remained below that paid in respect of employed contributors.
I am aware that the Department has received an application for IP from the person concerned on two separate occasions; on 20 January 2016 and 5 January 2018. Both applications were disallowed on the grounds that the contribution conditions for the scheme were not satisfied.
I have met the person you have referred to on a number of occasions personally, and I will continue to provide support and assistance to them.
70. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the number of persons to date who have applied for invalidity pension since self-employed persons with sufficient contributions have become entitled to it; the number of persons that have successfully applied for this payment to date; the number of persons that have been refused this payment to date; her plans for changes to the qualifying rules; and if she will make a statement on the matter. [38771/18]
Amharc ar fhreagraThis Government is committed to encouraging self-employment and entrepreneurship and this includes improving the level of PRSI based benefits available to self-employed people while ensuring the sustainability of the social insurance fund. The extension of Invalidity Pension (IP) to self-employed contributors from the 1st December 2017 has, for the first time, given the self-employed access to a social insurance based income support if they become permanently incapable of work as a result of an illness or disability, without having to go through a means test. This represented a real improvement in the level of social insurance cover available to the self-employed even though the level of contribution was not increased. When deciding to extend access to this benefit to the self-employed, the Government wanted to ensure that it was on a similar basis to that of those in employment.
A separate IP scheme for the self-employed was not set up; rather the qualifying conditions specified in legislation for the existing scheme, were amended to include self-employed PRSI contributions in the “reckonable” category for the purpose of IP.
From the extension of IP to self-employed contributors on 1st December 2017 to the end of August, a total of 8,201 applications have been received; not all of these applications would have been in respect of self-employed contributors and decisions as to entitlement have not yet been made on all of these applications. As it is not a separate scheme data for those who apply for or are awarded this payment based on self-employment contributions are not readily available.
The department keeps all schemes under review in order to ensure that the underlying objectives continue to be met. In that context I am asking my Department to undertake a review of the current arrangements with regard to the IP scheme, including take-up by self-employed contributors. Any changes to the qualifying conditions for IP would be likely to have financial implications and would be a matter for Government to consider in the context of other budgetary priorities.
71. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if she is satisfied that the public consultation process on pension reform has been conducted adequately in view of the fact that the process is limited to an online survey only, in contrast to the 2010 public consultation on the national pensions framework, has involved no public meetings, conferences, no opportunity to submit open submissions and in further view of the fact that the consultation took place over the summer during the Dáil Éireann recess thus minimising publicity for and media coverage of same. [38786/18]
Amharc ar fhreagraThe consultation process on the proposed reforms actually dates back to October 2007 when the Government published the Green Paper on Pensions to stimulate debate on the challenges and options for the future development of pensions. The consultation process was lengthy, thorough and inclusive and included regional seminars, a national conference, and consultation meetings with sectorial interests as well as the written submissions. This consultation informed the development of the 2010 National Pensions Framework which included the policy to introduce the Total Contributions Approach (TCA) for the State Pension Contributory and auto-enrolment for supplementary pensions. This policy was endorsed by a subsequent review of the Irish Pensions System published by the OECD in 2013.
The Roadmap for Pensions Reform 2018-2023 is not another discussion paper - it is focused on implementing polices that have already been well debated and have broad support. In particular that the State pension will be reformed in line with the TCA recommended in the National Pensions Framework and that a system of auto-enrolment will be introduced.
I launched the public consultation on the design of the TCA on the 28th of May to which interest groups including pensioners, workers, employers, young people, the unemployed, etc. were invited. A number of workshops were also held on the day to elicit views and feedback. Members of the media were also there and the consultation was featured extensively on broadcast and written media.
All Oireachtas members were also invited to a briefing. The consultation was open for over 3 months and we received almost 300 responses from individuals and organisations including open written submissions. I will consider the views expressed in the responses to the consultation in the context of finalising the final TCA model for Government approval.
An analysis of the views submitted is now being undertaken and feedback will be published on the Department's website. The analysis being undertaken will, as is standard, also consider if there should be any further consultation on specific issues arising and if there are any lessons learned to inform future consultation processes.
I launched the public consultation on the auto-enrolment reform on 22nd August and this will run to 4th November. In addition to accepting written submissions consultation fora are being hosted in Dublin, Cork and Galway.
Subject to the analysis that is now underway, I do not propose to delay the progress that is being made to make our pension system fairer. As I have set out, consultation on these reforms dates back to 2007 so there has been no lack of consultation or debate. In addition the reforms will be introduced through the standard democratic process, and the policy choices will, I believe, be broadly debated by members of the Oireachtas including, I expect, during pre-legislative scrutiny.
I hope this clarifies the matter for the Deputy.
74. Deputy Peter Fitzpatrick asked the Minister for Employment Affairs and Social Protection the status of the introduction of auto enrolment for pensions further to the publication of the Roadmap for Pensions Reform 2018-2023; and if she will make a statement on the matter. [38819/18]
Amharc ar fhreagraPensions reform is a Government priority and the plans to achieve this are set out in the Roadmap for Pensions Reform 2018-2023, which was published last February. Among the key commitments contained in this plan is to develop, by 2022, a new ‘Automatic Enrolment’ (AE) supplementary retirement savings system for employees without pensions coverage.
AE will see a transition from the current and purely voluntary supplementary pension system to one which will, subject to certain parameters, automatically enrol employees into a quality assured retirement savings system. This reform, where the saver will maintain the freedom of choice to opt-out, will encourage long term saving and asset accumulation amongst those who may otherwise suffer a reduction in living standards at retirement. It will increase the well-being, financial security and independence of future retirees.
In line with the actions contained in the Roadmap to achieve this ambitious commitment, a full time ‘Automatic Enrolment Programme Management Office’ (PMO) is now operational within the Department of Employment Affairs and Social Protection. The PMO is undertaking the work required to establish the evidence base which will inform future Government decisions regarding the design of the system. In addition, a new Interdepartmental ‘Automatic Enrolment Programme Board’ has also been established to provide strategic direction to the project and ensure that operational arrangements are in place to allow first enrolments no later than 2022.
Last month, I published a ‘Strawman’ proposal for an AE supplementary retirement savings system and commenced a public consultation process. The ‘Strawman’ proposal is a high level draft proposal designed to prompt and generate discussion and improve ideas. It should not, in any way, be construed as Government’s confirmation of what form AE will ultimately take. The goal of publishing the 'Strawman' is to help interested parties conceptualise plausible approaches to AE and to facilitate a focused debate around key design issues and how to address income adequacy for retirees in the future. My intention is to allow individuals and interest groups an opportunity to submit their views on the design and operational structure of the AE system.
The closing date for formal written submissions to the Strawman consultation process is the 4th November. In addition to this a number of AE member focus groups will be arranged; my Department is also holding a number of regional consultation fora in Dublin, Galway and Cork during October; and officials of my Department are holding a briefing session today for members of these Houses and their staff. Further details on the consultation process and how to engage with the public meetings are available on my Department’s website.
Whilst the consultation process on the AE Strawman proposal closes on November 4th, Government will continue to engage with all interested parties throughout the design and development process. This will be used to generate as much consensus as possible on the best way forward. Our goal is to make sure the final system design will trusted by employees and employers, will be affordable and will enhance personal independence during retirement.
I hope this clarifies the matter for the Deputy.
76. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the reason for delays to the payment of the back to school clothing and footwear allowance; and if she will make a statement on the matter. [38814/18]
Amharc ar fhreagraThe back to school clothing and footwear allowance (BSCFA) scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The Government has provided €49.5 million for the scheme in 2018.
The payment rates are €125 for eligible children aged 4 to 11 years and €250 for children aged over 12 years and attending secondary school.
Since 2010, in excess of 100,000 customers can be identified every year from the Department's computer system as having an automatic entitlement to the allowance. These customers are notified of their entitlement and there is no requirement for them to make an application. In addition, approximately 55,000 customers may have an entitlement but need to apply to have this entitlement assessed.
Similar to arrangements in previous years, the majority of this year’s BSCFA payments for 104,461 families in respect of approximately 190,308 children were fully automated and parents were not required to make an application to the Department. The total amount paid to families with an automatic entitlement was €33.45m and these payments were made during the week commencing 9th July 2018.
In order to qualify for an automated payment the parent of the child must have been in receipt of a qualifying payment that included an increase in respect of a qualified child at the commencement of the scheme and the Department were satisfied that the household satisfied the means test for the scheme. The scheme commenced from the 1st June 2018 with the entitlement created based on the preceding week's entitlement.
The back to school clothing and footwear allowance is a mean-tested allowance. Qualifying for the allowance in a previous year does not in any way guarantee the customer will receive it in the current year and many customers, especially those who have had a change in their means or circumstance, will need to make an application for the payment for this year in order to have their entitlement validated. Customers with children aged 18 years or over will also need to apply and provide confirmation that the children are in full-time second-level education. Therefore, it is not possible, prior to the release of the automatic payments, to inform customers that they have no automatic entitlement to the payment.
Customers who may have received BSCFA in previous years and did not receive written confirmation of entitlement for this year by end June will need to make an application. The Back to School Clothing and Footwear Allowance scheme is open for new applications until 30 September 2018. Over 300 applications are still being received on a daily basis.
To date (24 September 2018) 138,203 families have been awarded the allowance in respect of 255,353 children, 8,944 applications have been refused and 3,867 are awaiting a decision. Expenditure to date on the scheme is €45.33m.
The BSCFA Area continues to experience short delays in processing applications. All applications received up to 4th September 2018 have been processed. The delays have arisen as a result of a combination of initial technical issues, which have now been resolved, and a very high volume of new applications received since the beginning of July. However, I can assure you that all outstanding claims are being dealt with expeditiously.
77. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the budgetary measures she plans to take in view of the Oireachtas Joint Committee on Social Protection's report on the position of lone parents published in June 2017; and if she will make a statement on the matter. [38853/18]
Amharc ar fhreagraAs Minister for Employment Affairs and Social Protection my priorities include children living in consistent poverty, and lone parent families. I welcomed the Joint Oireachtas Committee’s report of 2017 on the Position of Lone Parents in Ireland, as it helps to inform the policy in this area.
Social transfers are very effective in reducing poverty, and Eurostat data shows that Ireland performs well in this regard. However, reducing poverty for lone parents is not just about income support. The latest CSO Survey on Income and Living Conditions (SILC) for 2016 shows that being at work reduces the consistent poverty rate for lone parents by nearly two-thirds. This highlights that the best way to tackle poverty among lone parents is to assist them into employment.
The activation service provided by my Department focuses on supporting lone parents to make the transition into employment. At a cross-governmental level, the focus is on assisting these families through the provision of quality services in areas including education, training and employment supports, and childcare. All of these services are crucial to assisting lone parents into employment, and to lifting both them and their children out of poverty.
I am conscious that lone parents face challenges that two-parent families do not face. On this basis, I introduced increases to the income disregard for lone parents in Budget 2018, alongside other measures, including the primary rate and the increase for a qualified child, which have assisted lone parents. For example, a lone parent working 15 hours per week at the National Minimum Wage, is now better off by almost €1,000 per year.
Any changes to One-parent Family Payment in Budget 2019 will have to be considered in the overall budgetary context, in light of available resources and other priorities.
78. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection if the level of red tape involved in the annual forms that applicants for farm assist are required to fill out and return will be reviewed; if the level of information that is required on an annual basis will be reduced; and if she will make a statement on the matter. [38657/18]
Amharc ar fhreagraFarm assist is a means-tested income support scheme for farmers. To qualify for the payment, a customer must be a farmer, farming land in the State, aged between 18 and 66 and satisfy a means test. The annual farm assist review form is a necessary part of the normal review process for these customers.
The means test for farm assist takes account of all income sources with certain disregards applicable to specific income sources. Different rules apply to income from farming and other forms of self-employment. Income from certain schemes such as the Green Low Carbon Agri Environment Scheme (GLAS), income from employment and income from property and capital are taken into account. An examination of farm outgoings is also included in the assessment process.
Income and expenditure figures for the preceding year are generally used as an indicator of the expected position in the following year. Details of any exceptional circumstances are also taken into account so as to ensure that the assessment accurately reflects the current situation.
The information provided by the customer on the review form covers both the income generated and the operating costs associated with the farm, all of which are required as part of the annual review process.
The annual farm assist review form is kept under ongoing review by my officials and there are no plans to change the current review criteria.
I hope that clarifies the matter for the Deputy.
79. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if she is satisfied that current legislation is appropriate to adequately protect migrant workers from exploitation in seasonal employment within agricultural based industry here; and if further steps can be taken to enhance those protections. [38787/18]
Amharc ar fhreagraIreland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees, including migrant workers, who are legally employed on an a contract of service basis.
Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website www.workplacerelations.ie.
On 7th December 2017, I published the Employment (Miscellaneous Provisions) Bill 2017. The Bill delivers on the commitment in the Programme for a Partnership Government to tackle the problems caused by the increased casualisation of work and to strengthen the regulation of precarious work. This is a very important piece of legislation which will improve the security and predictability of working hours for employees on insecure contracts and seasonal contracts, including those working in the agricultural sector.
It provides for five key issues which will benefit all employees, particularly those in less secure employment arrangements:
- Ensuring that employees are better informed about the nature of their employment arrangements and, in particular, their core terms at an early stage of their employment.
- Strengthening the provisions around minimum payments to low-paid, vulnerable employees who may be called in to work for a period but not provided with that work.
- Prohibiting zero hours contracts in most circumstances.
- Ensuring that workers on low hour contracts, who consistently work more hours each week than provided for in their contracts of employment, are entitled to be placed in a band of hours that better reflects the reality of the hours they have worked over an extended period.
- Strengthening the anti-penalisation provisions for employees who try to invoke a right under this Bill.
The Bill completed Report and Final Stage in the Dáil on 12th July 2018. However, I am concerned that the Bill as amended at Report Stage in the Dáil includes provisions which have the potential to significantly delay the progress of the Bill. This is because one amendment in particular, which could have far reaching implications for a broad range of stakeholders, needs to be subject to a thorough scrutiny and consultation.
81. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection her views on the growth in the use of sanctions by her Department against social welfare claimants on foot of their interaction with JobPath providers; if a review mechanism prior to the enactment of such sanctions will be considered; and if she will make a statement on the matter. [38854/18]
Amharc ar fhreagraMy Department is committed, under the Pathways to Work Strategy to incentivise the take-up of activation opportunities. Penalty rates were introduced as a means of encouraging jobseekers to engage with activation measures and co-operate with efforts of the Department to assist them in securing employment. Penalty rate sanctions can only be invoked in relation to failure to comply with the Department’s activation measures. Activation measures include the requirement to attend group or individual meetings, and/or avail of suitable education, training or development opportunities, or specified employment programmes, which are considered appropriate to a person’s circumstances.
Social Welfare legislation provides that sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer of the Department of Employment Affairs and Social Protection, where jobseekers referred for activation fail, without good cause, to comply with activation measures. Reduced rates are only applied where a jobseeker fails to engage as requested, and following at least two warnings, with the Department’s employment services. The penalty rate is lifted as soon as the jobseeker engages in the process. If dissatisfied with the Deciding Officer’s decision to impose a sanction, the Jobseeker can appeal that decision to the Social Welfare Appeals Office (SWAO).
The majority of jobseekers engage with the activation process having been invited for the first time. Some, however, fail to engage, without good cause. Following a verbal warning and a rescheduling of an appointment, this number falls significantly and only a small proportion of jobseekers have a penalty rate applied.
It is important to note that year on year since the introduction of the INTREO/Activation model there has been a steady increase in the numbers of jobseekers engaging with the Department’s Activation services. The Department’s capacity to deliver the activation service has increased considerably from 2011 to date which coincides with the increase in the number of penalty rates applied.
Approximately 1,500 jobseekers (1%) would have a penalty rate applied at any given time. This number needs to be viewed in the context of circa 150,000 Jobseekers who are engaged with either the Department's internal activation process via the Intreo Service or the external activation process i.e. JobPath and the Local Employment Services at a given time.
JobPath providers do not apply or recommend the application of a penalty rate of payment. They simply advise the Department if a jobseeker is failing to attend activation meetings. Officials in the Department then contact the Jobseeker and seek to arrange a meeting to discuss the matter directly with them. The application of penalty rates for all clients is entirely a matter for the Department and officials involved will take all relevant factors into account.
82. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection the processing times for carer's allowance and carer's benefit applications; the reason for the backlog of applications; her plans to address same; if additional staff will be allocated in order to clear same; and if she will make a statement on the matter. [38658/18]
Amharc ar fhreagra87. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection her plans to allocate additional resources and personnel to reduce the delays in processing carer's allowance applications; and if she will make a statement on the matter. [38784/18]
Amharc ar fhreagraI propose to take Questions Nos. 82 and 87 together.
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.
Carer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a child or an adult in need of full-time care and attention.
At the end of August 2018 the average waiting time for new CA application was 18 weeks while it was 11 weeks for a new CARB application.
Before a decision can be made on entitlement carers allowance, 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.
To qualify for carers benefit a person has to show that they have the required level of PRSI contributions, that they have left full-time employment, that they are providing full-time care and attention and that the person being cared for has such a disability that they require full-time care and attention.
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 applications.
The Department recently launched a re-designed carer’s allowance application form which 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.
The carers benefit form is currently being re-designed in a similar way.
Staff have recently been re-assigned within the carers areas to work on claims processing and this should lead to a reduction in processing times. In addition, there are plans to reassign work within the Department to allow for the provision of additional staff to the carer's payments area.
I hope this clarifies the matter for the Deputy.
83. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection her plans to deal with the outcome of the UK Supreme Court case on the exclusion of cohabitees from claiming widowed parent's allowance and the findings of eligibility under the ECHR; and if she will make a statement on the matter. [38857/18]
Amharc ar fhreagraThe recent Judgement of the Supreme Court of the United Kingdom (“UKSC”) regarding the Widowed parent’s allowance (WPA) has been examined by my Department, and it appears that it does not have any relevance to the Widows/Widowers/Surviving Civil Partners Contributory Pension (WCP) paid by my Department.
In the first instance, it should be noted that decisions of UK courts do not change the law in this State. However, given the case was taken in the context of the European Convention of Human Rights (ECHR), my officials examined the ruling to see if the reasoning in the ruling might have applicability for the WCP, which is paid to over 120,000 widows, widowers and surviving civil partners each week.
The ruling explicitly recognised that such payments may be based on marital status, under the ECHR. Paragraph 25 of the judgement referenced the previous Shackell v United Kingdom (2000) case where the European Court of Human Rights “declared inadmissible a complaint that denying widow’s benefits to unmarried surviving partners discriminated against the survivor and her children on the ground of her unmarried status and the children’s illegitimacy”. The award of benefits to couples who have entered marriage is a feature of most European countries, both within the benefits system and the tax code, and is in compliance with the ECHR.
The basis of the UKSC ruling against the UK Government in this case was that the WPA was primarily an allowance to support the weekly costs of dependant children, and not the living costs of the parent. Paragraph 27 of the ruling noted that WPA "is only paid because the survivor is responsible for the care of children who were at the date of death the responsibility of one or both of them. Its purpose must be to benefit the children.”
This is in contrast to the provisions of the WCP in Ireland, which is paid to widows, widowers and surviving civil partners, regardless of whether or not they have children.
WCP is paid to the husband, wife or civil partner of a deceased person, and is a weekly pension, available to those who satisfy the necessary PRSI contribution conditions, either on their own record or on that of the deceased spouse, provided the applicant is not cohabiting.
The legal context governing relationships such as marriage is regulated by the Minister for Justice and Equality. Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties which do not exist in law between co-habiting couples. Widows, widowers and surviving civil partners, who become bereaved, therefore, lose someone who had legal duties towards them, and the social welfare code recognises this by providing a pension to them, subject to certain conditions.
It was for these reasons that the social welfare supports for widows and widowers were extended to surviving civil partners from 1 January 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force.
I hope this clarifies the matter for the Deputy.
84. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the consultations that have taken place on the proposed auto enrolment; and if she will make a statement on the matter. [38769/18]
Amharc ar fhreagraPensions reform is a Government priority and the plans to achieve this are set out in the Roadmap for Pensions Reform 2018-2023, which was published last February. Among the key commitments contained in this plan is to develop, by 2022, a new ‘Automatic Enrolment’ (AE) supplementary retirement savings system for employees without pensions coverage.
AE will see a transition from the current and purely voluntary supplementary pension system to one which will, subject to certain parameters, automatically enrol employees into a quality assured retirement savings system. This reform, where the saver will maintain the freedom of choice to opt-out, will encourage long term saving and asset accumulation amongst those who may otherwise suffer too high a reduction in living standards at retirement. It will increase the well-being, financial security and independence of future retirees.
Thus far, consultations have taken place to utilise expertise and facilitate input from, and engagement with, the various sectorial interests including those from the pensions industry, representatives of small, large and multinational employers, trade unions and consumer/advocate group representatives. This involved issuing a briefing document and an ‘Invitation for Submissions’ to approximately 35 industry/employer/trade union/consumer/advocate representative groups. All groups were afforded the opportunity for a follow on meeting to expand further on views advanced in written submissions.
Consultations have also taken place with a range of international/Irish subject matter experts to inform the deliberative process. This includes experts from Australia, New Zealand, Canada, the United Kingdom, the United States and the OECD.
Using the learning achieved from this work, last month, I published a ‘Strawman’ proposal for an AE supplementary retirement savings system and commenced a wider national public consultation process. The ‘Strawman’ proposal is a high level draft proposal designed to prompt and generate discussion and improve ideas. It should not be construed as Government’s confirmation of what form AE will ultimately take. The goal of publishing the 'Strawman' is to help interested parties conceptualise plausible approaches to AE and to facilitate a focused debate around key design issues and how to address income adequacy for retirees in the future.
The closing date for formal written submissions to the Strawman consultation process is the 4th November. In addition, a number of other measures are being arranged including a briefing for Oireachtas members - which is being held today; dedicated ‘AE member Focus Groups’; and regional public consultation fora in Dublin, Galway and Cork during the month of October. Further details on these and how to register attendance at the public meetings are available on the Department’s website.
Whilst the consultation process on the AE Strawman proposal closes on November 4th, Government will continue to engage with all interested parties throughout the design and development process. This will be used to generate as much consensus as possible as to the best way forward. Our goal is to make sure the final system design will trusted by employees and employers, will be affordable and will enhance personal independence during retirement.
I hope this clarifies the matter for the Deputy.
