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Wednesday, 21 Nov 2018

Written Answers Nos. 240-259

Illness Benefit Applications

Ceisteanna (240)

Charlie McConalogue

Ceist:

240. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when a decision will issue in relation to an illness benefit application by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [48570/18]

Amharc ar fhreagra

Freagraí scríofa

My Department administers the Illness Benefit (IB) scheme to those customers who cannot work because they are sick or ill provided they are covered by the appropriate class of social insurance (PRSI) and satisfy the PRSI conditions.

One of these conditions is that a person must have a required number of paid or credited contributions in the year that governs the claim. The governing PRSI contribution year for IB claims made in 2018 is 2016.

Unfortunately, the person concerned has no paid or credited contributions in 2016 and, consequently, she does not qualify for a payment of IB at this time.

I trust this clarifies the matter for the Deputy.

Social Insurance

Ceisteanna (241)

Michael McGrath

Ceist:

241. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the class of PRSI paid by persons under 66 years of age in respect of income from an approved retirement fund; if such PRSI paid is reckonable for the purposes of the State pension (contributory); and if she will make a statement on the matter. [48608/18]

Amharc ar fhreagra

Freagraí scríofa

Approved retirement funds or ARFs are funds managed by a qualifying fund manager into which an individual may invest the proceeds of their pension fund when they retire. The income and gains of such funds are exempt from tax within the fund. Any amounts withdrawn from an ARF are referred to as a distribution. A distribution is treated as income from an employment. It is subject to income tax and the fund manager must operate the PAYE system on it.

Under social welfare legislation any payments received by way of pension are not regarded as reckonable emoluments for the purposes of self-employed pay related social insurance (PRSI). However, unlike annuity products, ARFs are not pensions but are treated as assets. Distributions from ARFs fall within the charge to Class S self-employed PRSI, or if the recipient of the distribution is a modified class contributor, Class K.  Class S contributions may be used to qualify for the State pension (contributory). Class K PRSI contributions do not give entitlements to any social insurance benefits. 

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits Data

Ceisteanna (242)

Clare Daly

Ceist:

242. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 194 of 15 November 2018, if she will direct officials in her Department to answer the question as it was put, that is, to provide the financial savings made in each of the years from 2015 to 2017 as a direct result of the introduction of reduced rates of social welfare payments to persons under 25 years of age. [48616/18]

Amharc ar fhreagra

Freagraí scríofa

As stated in the reply to Parliamentary Question No. 194 of 15 November 2018, the age-related reduced rate of €100 per week for Jobseeker's Allowance recipients was introduced in Budget 2010 in respect of 18 and 19 year olds, and extended in subsequent Budgets to those under the age of 25.  

The following table shows the financial savings (i.e. the estimated cost that would have been incurred to increase the age–related reduced rates to the maximum rate for those under 25 years of age) in respect of the years 2015, 2016 and 2017:

 Year

Estimated cost of maximum rate

2015

€131.3 million; 

2016       

€133.6 million

2017

€101.9 million

These costs do not include increasing the weekly rates for those aged 25 on age-related reduced rates.

Approved Housing Bodies

Ceisteanna (243)

Eoin Ó Broin

Ceist:

243. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the rules will be amended for the granting of the capital advance leasing facility, CALF, for approved housing bodies to include the provision of cost rental accommodation. [48534/18]

Amharc ar fhreagra

Freagraí scríofa

My Department offers a range of funding programmes to assist the voluntary sector with the delivery of social housing, including the Capital Advance Leasing Facility (CALF).  

The Capital Advance Leasing Facility (CALF) was introduced in 2011 as a funding facility to assist AHBs access private finance to purchase or construct new social housing units in conjunction with Payment and Availability arrangements (P&A payment based on 92% of market rent). In the case of the acquisition or construction of apartment complexes and some housing units where there are service charges that would result in a net additional cost to the AHB, the availability payment may be set at up to 95% of market rent subject to approval.

CALF is a facility, which is exclusively available to Approved Housing Bodies (AHBs), to assist them in accessing private or Housing Finance Agency (HFA) finance for the purchase, construction or refurbishment of homes that will be made available for social housing purposes under long term availability agreements of up to 30 years. I have no plans to amend the uses for which CALF is made available to AHBs.

Cost rental makes up a very important element of housing systems in other cities but is a relatively new concept in Ireland. Therefore, in order to progress cost rental in Ireland, two cost rental pilot projects are being delivered on sites at Emmet Road, Inchicore, and at Enniskerry Road, Dundrum. The Emmet Road site can accommodate some 330 cost rental homes and the project is being delivered by Dublin City Council working with my Department. The Enniskerry Road site will deliver 50 cost rental homes and that project is a joint venture between two Approved Housing Bodies working with Dún Laoghaire-Rathdown County Council and the Housing Agency.

Cost rental will initially be managed on an administrative basis and my Department is preparing a draft administrative cost rental scheme in collaboration with the Housing Agency and the local authorities involved in the pilot projects. With regard to the funding and financing arrangements, and delivery options, the Emmet Road project was financially appraised with the support of the National Development Finance Agency and my Department is in regular discussion with the European Investment Bank, leveraging the Bank's vast experience and knowledge in developing and supporting public housing projects in other Member States.  The invaluable learning from these pathfinder projects will inform further cost rental projects to be rolled out across other suitable sites. In this regard, it is open to local authorities to pursue cost rental on appropriate sites and I have encouraged them to examine this option.

European Court of Justice Rulings

Ceisteanna (244)

Caoimhghín Ó Caoláin

Ceist:

244. Deputy Caoimhghín Ó Caoláin asked the Minister for Housing, Planning and Local Government the costs arising from the State’s obligation to enforce the decision of the European Court of Justice in 2008 in the case of the Commission of the European Communities versus Ireland C215/06 (details supplied); and if he will make a statement on the matter. [48545/18]

Amharc ar fhreagra

Freagraí scríofa

The decision of the European Court of Justice in 2008 in the case of the Commission of the European Communities versus Ireland C215/06 is presently the subject of a further Court of Justice of the European Union case, European Commission versus Ireland C261/18.  Given that the matter is the subject of live legal proceedings, it would not be appropriate to comment further on the case at this point.

Commercial Rates Exemptions

Ceisteanna (245)

Eamon Scanlon

Ceist:

245. Deputy Eamon Scanlon asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 113 of 14 November 2018, if he will address specifically the substantial disadvantage placed on privately operated crèches which are competing against State supported crèches paying no commercial rates; and if he will make a statement on the matter. [48431/18]

Amharc ar fhreagra

Freagraí scríofa

I refer to my reply to Question No. 113 of 14 November 2018, which sets out the position on this matter.  There are no proposals under consideration for a discount of commercial rates for childcare service providers.

Proposed Legislation

Ceisteanna (246)

Catherine Connolly

Ceist:

246. Deputy Catherine Connolly asked the Minister for Housing, Planning and Local Government the status of the maritime area and foreshore (amendment) Bill; and if he will make a statement on the matter. [48446/18]

Amharc ar fhreagra

Freagraí scríofa

Considerable work has been undertaken to advance the drafting of the Maritime Area and Foreshore (Amendment) Bill, including through engagement with the Marine Coordination Group and a number of workshops and bilateral meetings with relevant policy Departments and the Office of the Attorney General throughout 2017 and 2018.  In addition, a high level Marine Legislation Steering Group has been established to facilitate the development of marine legislation with cross-Departmental impacts. 

Legal advice from the Office of the Attorney General on draft text developed by my Department is anticipated shortly.  Following receipt, review and consultation, it is intended to revert to Government with options to progress the reform of marine consenting.  In the meantime resources have been devoted to the development of the legislation necessary to prohibit the sale and use of microbeads.

Home Loan Scheme

Ceisteanna (247, 248)

Declan Breathnach

Ceist:

247. Deputy Declan Breathnach asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the large number of applicants being refused the Rebuilding Ireland home loan even in cases in which they have shown an ability to repay; his plans to revise the lending criteria pertaining to the scheme in order that more persons will be successful in obtaining a loan; and if he will make a statement on the matter. [48448/18]

Amharc ar fhreagra

Declan Breathnach

Ceist:

248. Deputy Declan Breathnach asked the Minister for Housing, Planning and Local Government the number of successful Rebuilding Ireland home loans in County Louth since the scheme commenced; and if he will make a statement on the matter. [48449/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 247 and 248 together.

The Rebuilding Ireland Home Loan Scheme was launched in February 2018 to replace the existing House Purchase and the Home Choice Loan Schemes. The Scheme has been established under the Housing (Rebuilding Ireland Home Loan) Regulations 2018, which also provide that I as Minister issue a Statutory Credit Policy. The purpose of the Policy is to set out in more detail the eligibility criteria for obtaining a loan and procedures to be followed by local authorities in considering loan applications. In addition, the Housing Agency has been given the task of carrying out assessments of the loan applications on behalf of the authorities and making recommendations in respect of each application.  Each local authority must have in place a credit committee and it is a matter for the committee to make the decision on applications for loans, in accordance with the Regulations and Statutory Credit Policy, having regard to the recommendations made by the Housing Agency.

In line with best practice, I have asked my Department to undertake a review of the operation of the Scheme. The review will have regard to inputs from local authorities, the Housing Agency and Housing Finance Agency, and will also take account of relevant issues raised by public representatives since the Scheme was introduced.  However, in making any recommendations in relation to the operation of the Scheme, the review will also have to respect the need to ensure that lending is undertaken on a prudential basis, so as to protect the financial interests of applicants and the local authorities.    

In relation to the number of successful applicants for the Rebuilding Ireland Home Loan in Co Louth, I have asked the Housing Agency to centrally compile figures on the numbers of applications it has recommended to local authorities for approval . The most recent figures, as at the end of October, indicate that the Agency had recommended 22 loan applications for approval by Louth County Council.

Housing Assistance Payment Eligibility

Ceisteanna (249)

Richard Boyd Barrett

Ceist:

249. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government if a person at risk of becoming homeless and has been given a valid eviction notice is entitled to the homeless HAP rates; and if he will make a statement on the matter. [48458/18]

Amharc ar fhreagra

Freagraí scríofa

In order to further assist homeless households in exiting emergency accommodation, the Homeless HAP Place Finder Service can, with effect from January 2018, be made available in each of the 31 local authorities. 

The focus of this scheme is to transition qualified households from emergency accommodation, including hotels, into private rented tenancies and the Place Finder service provides a dedicated resource that operates together with the established HAP delivery team in the local authority.

Since January 2018, all local authorities have been provided with the option to pay deposits and advance rental payments for any households in emergency homeless accommodation, or who are at immediate risk of entering emergency accommodation, in order to secure accommodation via the HAP Scheme. This means that every local authority is able to pay deposits and advance rental payment on behalf of homeless households in order to secure accommodation.  To qualify for these specific additional supports available to homeless households, a household must have been determined by the relevant local authority to be homeless within the meaning of section 2 of the Housing Act 1988.

The operation of local homeless services, including the Place Finder Service, is a matter for each local authority.

Land Development Agency

Ceisteanna (250)

Willie Penrose

Ceist:

250. Deputy Willie Penrose asked the Minister for Housing, Planning and Local Government if, in the context of recent plans to include Columb Barracks, Mullingar as part of the Land Development Agency proposals, he will take steps to ensure that various community and voluntary groups and organisations which have been located within the barracks for the past two years are facilitated and accommodated within plans drawn up for the barracks and that they retain their facilities therein; and if he will make a statement on the matter. [48467/18]

Amharc ar fhreagra

Freagraí scríofa

The recently established Land Development Agency will act as a new commercial State body to actively manage the development of public land in a way that will make a major contribution to tackling the root causes of our current housing issues, including bringing about major new opportunities for additional social and affordable housing on public lands.

The Agency has a potentially very significant and wider role to play in not only addressing the pressures in the housing sector in the short to medium term but in the longer-term to enable the urban development objectives of the National Planning Framework to be realised.

The Agency has access to an initial tranche of 8 sites with significant potential to add a further pipeline of public sites that have near term delivery potential for 3,000 new homes and an additional potential for a further 7,000 homes. Columb Barracks is one of the initial 8 sites identified with potential to deliver a minimum of 250 homes.

I understand that discussions are in train between the Agency and the Department of Defence with a view to agreeing a Memorandum of Understanding in relation to Columb Barracks, and that a feasibility study of the site will be undertaken by the Agency. It is therefore premature, at this stage, to anticipate the detail of the proposals that may emerge.

Local Infrastructure Housing Activation Fund

Ceisteanna (251)

Brendan Ryan

Ceist:

251. Deputy Brendan Ryan asked the Minister for Housing, Planning and Local Government if a second tranche of LIHAF funding is to be announced; if not, if funding for projects in this area will be considered under the urban regeneration and development fund; and if he will make a statement on the matter. [48484/18]

Amharc ar fhreagra

Freagraí scríofa

The Local Infrastructure Housing Activation Fund (LIHAF) was designed to activate housing supply by putting in place the enabling public infrastructure necessary to ensure that large scale development could take place on key sites in urban areas of high housing demand. Final approval was given for 30 projects under LIHAF in 2017 and these projects will stimulate development of approximately 20,000 housing units across 14 local authorities. 

Since the original call under LIHAF in 2016, significantly increased funding has been made available for enabling infrastructure through three new funds: the new €2 billion Urban Regeneration and Development Fund (URDF) and the €310 million Serviced Sites Fund, operated through my Department, and the €1 billion Rural Regeneration Development Fund (RRDF) operated by the Department of Rural and Community Development.

The URDF is designed to leverage a greater proportion of residential and commercial development, supported by infrastructure, services and amenities, within the existing built-up areas of our larger urban settlements. I initiated the first call for proposals under the URDF in July 2018, and the deadline for submission of applications was 28 September.  A second call for proposals under the URDF will issue in 2019 for funding in 2020.

While a second call for proposals under LIHAF was originally planned, given the number of funding streams now available for infrastructure and in order to avoid duplication, I amalgamated the funding initially intended for the second call into the new Serviced Site Fund (SSF) referred to above, under which relevant Local Authorities can apply for funding for key facilitating infrastructure on public lands, to support delivery of affordable homes to purchase or rent.  Decisions on applications received under a first call for proposals under the SSF will be finalised shortly and a further call for proposals will issue thereafter.

Homeless Accommodation Provision

Ceisteanna (252, 254, 255)

Thomas P. Broughan

Ceist:

252. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government the guidelines or ministerial directives outlining the access routes into emergency accommodation; and if he will make a statement on the matter. [48497/18]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

254. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government if he will report on the guidelines or ministerial directives outlining the access routes into family hubs; and if he will make a statement on the matter. [48549/18]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

255. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government if he will report on the way in which decisions are made to place families in hubs; if there are waiting lists to access hubs; and if he will make a statement on the matter. [48550/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 252, 254 and 255 together.

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level.  Statutory responsibility in relation to the provision of accommodation and associated services for homeless persons rests with individual housing authorities. 

 Decisions in relation to the provision of accommodation to households experiencing homelessness are a statutory function of the housing authorities and my Department has no role in decisions in this area. My Department is working with the local authorities to deliver additional family hubs to minimise the numbers of families being provided with emergency accommodation in hotels.  To date, 24 family hubs have been developed nationally, including 20 in Dublin, providing accommodation for over 550 families.  Budget 2019 provided €60m in capital funding for emergency accommodation, which will support the delivery of additional family hubs nationally.

Housing Assistance Payment

Ceisteanna (253)

Brendan Griffin

Ceist:

253. Deputy Brendan Griffin asked the Minister for Housing, Planning and Local Government the percentage of a person's income, social welfare payment or both towards a housing assistance payment contribution and rent top-up (details supplied) is deemed acceptable; and if he will make a statement on the matter. [48516/18]

Amharc ar fhreagra

Freagraí scríofa

Housing Assistance Payment (HAP) tenants find their own accommodation in the private rented market and are advised that this accommodation should be within the HAP rent limits provided to them by the local authority. The limits applicable are related to the specific household and the rental market in the area. HAP also allows for tenants to work full-time and retain their housing support so, in many cases, people may make choices about affordability taking this into consideration.

My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord beyond that of their HAP payment. However, decisions in relation to HAP, including the suitability of HAP accommodation is solely a matter for the local authority concerned and local authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought.

Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it.  It is a matter for the local authority to determine if the application of the flexibility is warranted on a case-by-case basis.

Questions Nos. 254 and 255 answered with Question No. 252.

Building Regulations Compliance

Ceisteanna (256)

Richard Boyd Barrett

Ceist:

256. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government the person or body that makes a decision as to whether a clerk of works is required on public developments such as social housing, schools and hospitals; if it is a decision for local authorities; if not, if it is a decision for Departments; the reason it would be necessary to have clerks of works on some public developments and not on others; and if he will make a statement on the matter. [48556/18]

Amharc ar fhreagra

Freagraí scríofa

In response to the many building failures of the past, my Department introduced the Building Control (Amendment) Regulations 2014, which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.

Statutory certificates of compliance, where relevant, must be given at commencement (design only) and completion and must be signed by a registered construction professional (i.e. an architect or a building surveyor or a chartered engineer who is included on a statutory register maintained by the Royal Institute of the Architects of Ireland, the Society of Chartered Surveyors of Ireland or Engineers Ireland, respectively).  The statutory certificate of compliance on completion must also be signed by the builder. In effect, the statutory certificate of compliance on completion certifies that a building is compliant with all relevant requirements of the Building Regulations.

Previously local authorities were generally exempt from building control requirements; this general exemption was removed by the Building Control (Amendment) (No. 2) Regulations 2015 with effect from 1 September 2015 following a review of the 2014 Regulations after 12 months of operation. As a result of this, the design and assigned certifier roles for local authority projects must be undertaken by a registered construction professional (i.e. an architect, a building surveyor or a chartered engineer), who may be an employee of a local authority or whose services may be procured by way of public tender. These inspection and certification roles are statutory obligations.

In the context of public works contracts, the roles, responsibilities, functions and powers of the parties to the Contract (i.e. the Employer and the Contractor) are clearly set out. These generally include obligations under Building Regulations, Building Control Regulations, Health and Safety Legislation, appropriate supervision, quality assurance procedures, monitoring of the quality of works etc. Specific arrangements in this regard are a matter for the contracting authority (including local authorities), depending on the size, complexity and risk of the project. In this context, it should be noted that there is no statutory requirement to have a clerk of works on building developments nor is it a decision for my Department whether to appoint a clerk of works or not, as this is a matter for the contracting authority (including local authorities). 

European Parliament Elections

Ceisteanna (257)

Ruth Coppinger

Ceist:

257. Deputy Ruth Coppinger asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 288 of 14 November 2018, his plans to extend voting rights in the upcoming European Parliament elections to United Kingdom nationals resident here. [48568/18]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 288 on 14 November 2018 which sets out the position in this matter.  The position remains unchanged.

Housing Assistance Payment Administration

Ceisteanna (258)

Robert Troy

Ceist:

258. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government if changes will be made to the housing assistance payment model in order to speed up the process (details supplied); and if he will make a statement on the matter. [48573/18]

Amharc ar fhreagra

Freagraí scríofa

I refer to the replies to Questions Numbers 150 of 19 September 2018, 270 of 27 June 2018, 589 of 22 May 2018, and 625 of 8 March 2018.

The position in relation to the processing times for Housing Assistance Payment (HAP) applications remains unchanged. Once a HAP application has been received and confirmed as valid by the relevant local authority, it is then processed by the HAP Shared Service Centre.  On average, HAP applications are processed by the HAP Shared Services Centre within 1 working day of receipt.

I am satisfied with the operation of the HAP scheme and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme under the Rebuilding Ireland Action Plan for Housing and Homelessness.

Social and Affordable Housing

Ceisteanna (259)

Catherine Murphy

Ceist:

259. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government further to Parliamentary Question Nos. 221 and 228 of 15 November 2018, if the incident as outlined in Parliamentary Question No. 221 will be discussed at the next quarterly meeting between his officials and the local authority in question; if his attention has been drawn to other boundary issues concerning dwellings and business premises that back onto the project from the main street area; the course of action he can take if his officials raise concerns with him following the quarterly meeting in respect of the project his Department is funding; and if he will make a statement on the matter. [48592/18]

Amharc ar fhreagra

Freagraí scríofa

As outlined in response to the previous Questions referred to, the management and implementation of the development in question is a matter for Wicklow County Council and its contractors.  My Department is not directly involved in the detailed implementation of the project.  The quarterly meetings held between the Local Authorities and my Department are technical housing delivery meetings with a focus on architectural/quantity surveying issues arising on the projects as submitted by each Local Authority.  While a wide range of issues relating to these projects will be covered at these meetings, the resolution of the issues in relation to the specific project referred to remains the responsibility of the parties to the contract, those being the local authority and the contractors in question.

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