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Tuesday, 15 Jan 2019

Written Answers Nos. 1032-1051

Outdoor Recreation Infrastructure Scheme

Ceisteanna (1032)

Fiona O'Loughlin

Ceist:

1032. Deputy Fiona O'Loughlin asked the Minister for Rural and Community Development the number of projects in County Kildare considered for funding under the outdoor recreation infrastructure projects; the number of projects considered nationally; the number provided with funding in each county; and if he will make a statement on the matter. [1668/19]

Amharc ar fhreagra

Freagraí scríofa

On 28th May last year, I launched the Outdoor Recreation Infrastructure Scheme for 2018, under three separate measures:

- Measure 1: Small maintenance/promotion of existing infrastructure (maximum grant €20,000),

- Measure 2: Medium scale repair/upgrade and development of new small/medium infrastructure (maximum grant €200,000), and

- Measure 3: Repair/upgrade and development of larger more strategic projects (grant of between €200,001 and €500,000).

Each applicant was entitled to submit up to 10 applications under Measure 1, and up to 4 applications under Measure 2. Local Development Companies were invited to apply under Measure 1 and, in the case of some counties, more than one Local Development Company applied.

Measure 3 was targeted at larger-scale projects with a potential regional or national impact, which could be delivered collaboratively by Local Authorities and/or State Agencies. One proposal per applicant was allowed under Measure 3.

Kildare County Council submitted 1 application under Measure 1 of the Outdoor Recreation Infrastructure Scheme in 2018, and 1 application under Measure 2.

The Measure 1 application was unsuccessful as it did not comply with the eligibility criteria indicated in the scheme guidelines. The Measure 2 application was approved for funding of €85,684 on the 8th January this year.

The table below provides details of the number of applications received by county and the number of projects approved under the 2018 scheme.

Outdoor Recreation Infrastructure Scheme 2018

County

Number of projects submitted

Number of projects approved

Carlow

9

5

Cavan

13

12

Clare

15

9

Cork

40

15

Donegal

14

3

Dublin

4

1

Galway

22

9

Kerry

26

22

Kildare

2

1

Kilkenny

11

6

Laois

10

3

Leitrim

14

5

Limerick

20

10

Longford

15

6

Louth

8

3

Mayo

16

16

Meath

12

10

Monaghan

17

11

Offaly

12

8

Roscommon

12

7

Sligo

15

15

Tipperary

19

8

Waterford

11

4

Westmeath

15

12

Wexford

18

13

Wicklow

15

10

Total

385

224

Outdoor Recreation Infrastructure Scheme

Ceisteanna (1033)

Fiona O'Loughlin

Ceist:

1033. Deputy Fiona O'Loughlin asked the Minister for Rural and Community Development the number of projects in County Laois considered for funding under the outdoor recreation infrastructure projects fund; and if he will make a statement on the matter. [1669/19]

Amharc ar fhreagra

Freagraí scríofa

The Outdoor Recreation Infrastructure Scheme is part of the Government’s Action Plan for Rural Development and provides funding for the development of new outdoor recreation infrastructure or the necessary maintenance, enhancement or promotion of existing outdoor recreation infrastructure in Ireland.

On 28th May last year, I launched the Outdoor Recreation Infrastructure Scheme for 2018, under three separate Measures:

- Measure 1: Small maintenance/promotion of existing infrastructure (maximum grant €20,000),

- Measure 2: Medium scale repair/upgrade and development of new small/medium infrastructure (maximum grant €200,000), and

- Measure 3: Repair/upgrade and development of larger more strategic projects (grant of between €200,001 and €500,000).

Each applicant was entitled to submit up to 10 applications under Measure 1, and up to 4 applications under Measure 2. Local Development Companies were invited to apply under Measure 1, while Local Authorities were applicants under Measure 2.

Measure 3 was targeted at larger-scale projects with a potential regional or national impact, which could be delivered collaboratively by Local Authorities and/or State Agencies. One proposal per applicant was allowed under Measure 3.

Laois Local Development Company submitted 9 applications for funding under Measure 1, and of those, 3 applications were approved for funding.

Laois County Council submitted 1 application under Measure 2. This application was assessed under Measure 3, as the level of funding sought was in excess of the maximum allowable under Measure 2. However, the application was not successful as it did not comply with the eligibility criteria indicated in the scheme guidelines.

In total, more than 220 projects were approved for funding to a value of €21 million across all three Measures of the 2018 Outdoor Infrastructure Scheme. The continued development of our recreational infrastructure will support Ireland’s developing rural tourism industry, and will also provide better recreational facilities for local people and families to enjoy.

Departmental Correspondence

Ceisteanna (1034)

Thomas P. Broughan

Ceist:

1034. Deputy Thomas P. Broughan asked the Minister for Rural and Community Development the customer complaints received by his Department in each of the years since 2016; if the complaints are grouped into categories; the nature of the complaints; the resolution of same; and the number progressed to the relevant ombudsman in each of the years since 2016. [1878/19]

Amharc ar fhreagra

Freagraí scríofa

My Department was established on 19 July 2017. It has received one complaint under formal complaints procedures since then. The complaint arose on the 27 August 2018 when a member of the public who corresponded with the Department in Irish was responded to in English, in error.

The aggrieved member of the public also contacted the Coimisinéir Teanga in relation to the matter. Following an investigation into the matter by my officials, both the person concerned and the Coimisinéir Teanga fully accepted my Department's apology in August 2018, and the matter was closed.

Back to Education Allowance Payments

Ceisteanna (1035)

Jackie Cahill

Ceist:

1035. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection her plans to increase the €198 back-to-education allowance in view of the fact that it is perceived as not being sufficient; and if she will make a statement on the matter. [54152/18]

Amharc ar fhreagra

Freagraí scríofa

The back to education allowance scheme (BTEA) is designed to support second chance education. It enables eligible persons to pursue education and to continue to receive income support, in line with their qualifying scheme rates, for the duration of a course of study. The objective of the scheme is to raise the educational and skill levels to enable jobseekers better access to the emerging needs of the labour market in line with Government activation strategy.

The BTEA is not intended as an alternative form of funding for people entering or re-entering the third-level education system. The Student Universal Support Ireland (SUSI) Grant, payable by the Department of Education and Skills, represents the primary support for persons pursuing education. The eligibility rules that govern the payment of a student maintenance grant are a matter for that Department.

The appropriate rate of payment for all social welfare schemes, including the BTEA scheme, is considered by Government in the context of the Budget and the availability of resources. The rate for BTEA is linked to the persons' underlying payment, for example jobseekers allowance, and my Department will provide a further €5 increase in the weekly rate from March 2019 (building on similar increases in March 2017 and 2018). This will increase the weekly maximum personal rate from €198 to €203.

From the 2017/2018 academic year my Department reintroduced the annual Cost of Education Grant. This grant is €500 and is payable to BTEA participants with a child on their BTEA payment.

Overall, the Deputy should note that some €78.5 million was paid by my Department in 2018 to meet the cost of BTEA and the cost of Education Grant. This represents a considerable investment in supporting in excess of 10,000 customers in the past year to acquire the necessary education and skills to re-enter the labour market.

I trust this clarifies the position.

Commencement of Legislation

Ceisteanna (1036)

Aengus Ó Snodaigh

Ceist:

1036. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the reason Parts 2, 3 and 9 of the Children and Family Relationships Act 2015 have not been commenced; when these Parts will be commenced; and if she will make a statement on the matter. [54229/18]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the pressing need to make technical amendments to the Children and Family Relationships Act 2015 including those sections in Part 9 that provide for the registration and re-registration of the birth of a donor-conceived child and, in particular, make possible the registration of details of “Parent”, as well as “Mother” and “Father”, where required.

I want to make these necessary amendments at the earliest possible opportunity.

As I stated to this House on the 19th of December last, it is my intention to bring these amendments forward in a stand-alone Bill early this year. To this end, the Government have approved the preparation of the Civil Registration Bill 2019, which will include these provisions, and will be brought forward as a matter of priority.

Commencement of these amendments is also dependent on commencement of Parts 2 and 3 of the 2015 Act, which is the responsibility of the Minister for Health. There are important administrative and operational arrangements to be put in place to facilitate the implementation of Parts 2 and 3, including the establishment of the National Donor-Conceived Person Register and the appointment of authorised persons under the Act. I understand that it is the Minister for Health's intention that these provisions will be commenced as soon as possible.

Officials from my Department are working with the General Register Office (GRO) and the Department of Health to ensure that the appropriate legislative, regulatory, and operational mechanisms are in place to allow for the earliest possible commencement of all of the relevant legislation that will allow for birth registrations of donor-conceived children.

Registration of Births

Ceisteanna (1037)

Róisín Shortall

Ceist:

1037. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection the steps she will take to amend the laws surrounding presumed legitimacy to simplify the process for women seeking a divorce and attempting to register the birth of a child whose father is not their husband from whom they are seeking a divorce; and if she will make a statement on the matter. [1537/19]

Amharc ar fhreagra

Freagraí scríofa

Provisions for registration of births in cases where the parents are not married to each other are set out in section 22 of the Civil Registration Act 2004. In particular, where the mother is still legally married to a person other than the father of the child, the provisions in section 22(3) apply. In these circumstances the father’s name may be registered on foot of:

- A statutory declaration by the woman’s husband that he is not the father of the child, or

- A statutory declaration by the woman that she has been living apart from her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity or a deed of separation.

Alternatively, it is open to either the mother or father to apply for a Court Order under Section 45 of the Status of Children Act 1987 naming the person other than her husband as the father of the child. Upon receipt of this court order, the birth will be registered with the named person as the father of the child, in accordance with section 22(2)(d).

Section 6 of the Civil Registration (Amendment) Act 2014 amends section 22 to make it possible, in certain circumstances, for a person other than the mother’s husband to be registered as the father of the child without any of the decrees, deeds or court order mentioned above. These provisions, however, remain to be commenced pending agreement from the HSE to the delivery of training to staff of the Civil Registration Service, who are employees of the HSE.

Officials from my Department, the GRO, the Department of Health, and the HSE are maintaining their best efforts to ensure that commencement of this legislation can be brought about as soon as possible.

I also intend to bring forward measures in the Civil Registration Bill 2019 that will make it less onerous for a woman in these circumstances to rebut the automatic assumption of paternity of her husband. This will better align civil registration legislation with current presumption of paternity provisions set out in section 46 of the Status of Children Act 1987, following commencement of section 88 of the Children and Family Relationships Act 2015 in early 2016. Implementation of these new measures will also be dependent on training of registrars in the HSE.

Disability Allowance Appeals

Ceisteanna (1038)

Michael Healy-Rae

Ceist:

1038. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [54045/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been awarded disability allowance with effect from 28 March 2018, as a result of further medical evidence which she submitted to the Department. The first payment will be made by her chosen payment method on 16 January 2019.

Arrears of payment due will issue as soon as possible.

I trust this clarifies the matter for the Deputy.

Back to Education Allowance Payments

Ceisteanna (1039)

Willie O'Dea

Ceist:

1039. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the reason a back-to-education allowance for a person (details supplied) has been suspended since 4 December 2018; and if she will make a statement on the matter. [54048/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was in receipt of Jobseekers Allowance from the 23rd June 2018. They disclosed to the Department on the 5th December 2018 that they were attending a full-time course of study since September 2018. Under Section 148(1) of the Social Welfare Consolidation Act 2005, as amended, a person shall be disqualified from receipt of Jobseekers Allowance while attending a course of study.

Notice of the decision to suspend the Jobseekers Allowance claim issued to the customer on 11th December 2018.

An application for Back To Education Allowance was received on 10th December 2018. Section 10.3 of the Back To Education Allowance guidelines states that applications received more than 30 days after commencement of a course of study are deemed to be late and therefore cannot be considered for the scheme.

Notice of the decision to refuse the Back to Education Allowance application issued to the person on 11th December 2018.

Should the person concerned be experiencing financial difficulty he should contact his local Intreo Centre to discuss his situation.

I trust that this clarifies the matter for the Deputy.

Proposed Legislation

Ceisteanna (1040)

Mary Lou McDonald

Ceist:

1040. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection if the Attorney General is satisfied with the defined benefit pensions provisions in the Social Welfare, Pensions and Civil Registration Bill 2017; and if the Bill can now proceed to Committee Stage. [54070/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the General Scheme of the Social Welfare and Pensions Bill 2017 (now the Social Welfare, Pensions and Civil Registration Bill 2017) was published in May 2017 and contained a number of key measures relating to DB pension schemes. It is intended that these measures will act to support existing provisions in the Pensions Act by providing for further protection for scheme members’ benefits and enhancing employer responsibilities for their schemes.

In July 2018, Government approval was obtained to draft additional provisions to be included in the Bill on Committee Stage including provisions relating to defined benefit schemes.

In developing these provisions, it is essential to be cognisant of the current pension landscape in Ireland so that a balanced, proportionate approach is developed and that unintended negative consequences do not arise.

Under existing pensions law, there is no legislative obligation on the employer to make contributions to a scheme. However, the provisions of this Bill will introduce a new regime into the Pensions Act 1990 which, amongst other things, will ensure that an employer cannot “walk away” at short notice from the pension scheme it is supporting by providing for a 12-month notification period, and will enable the Pensions Authority to make a funding obligation direction specifying payments to be made by a sponsoring employer to the pension scheme where no agreement is reached, within a specified time period, to resolve a funding deficit.

The defined benefit pension provisions are very technical and involve complex policy issues. In order to achieve a resilient solution it has been necessary to consult in detail with other Government Departments and obtain numerous legal advices from the Office of the Attorney General on various aspects of the provisions. When these matters have been resolved and amendments approved by Government, an early date for Committee Stage will be requested.

I hope this clarifies the matter for the Deputy.

Legislative Measures

Ceisteanna (1041, 1057)

Mary Lou McDonald

Ceist:

1041. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection if consideration will be given to introducing a stand-alone amending Bill to provide for the necessary technical amendments of Part 9 of the Children and Family Relationships Act 2015. [54071/18]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

1057. Deputy Jim O'Callaghan asked the Minister for Employment Affairs and Social Protection when she plans to commence Part 9 of the Children and Families Relationships Act 2015; and if she will make a statement on the matter. [54225/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1041 and 1057 together.

The Government has approved the preparation of the Civil Registration Bill 2019, which will provide for the necessary technical amendments to Part 9 of the Children and Family Relationships Act 2015.

The Bill will also include provisions for:

- a role for a next of kin in providing a Coroner with additional details in relation to a deceased person’s particulars;

- sharing of General Register Office data and records with a body such as the National Library or National Archives; and

- collection of additional details in respect of deceased persons in order that the CSO can comply with obligations under EU Regulations.

The Bill will be brought forward as a matter of priority.

Commencement of the amendments to Part 9 of the Children and Family Relationships Act 2015 is also dependent on commencement of Parts 2 and 3 of the 2015 Act, which is the responsibility of the Minister for Health. There are important administrative and operational arrangements to be put in place to facilitate the implementation of Parts 2 and 3, including the establishment of the National Donor-Conceived Person Register and the appointment of authorised persons under the Act. I understand that it is the Minister for Health's intention that these provisions will be commenced as soon as possible.

Officials from my Department are working with the General Register Office and the Department of Health to ensure that the appropriate legislative, regulatory, and operational mechanisms are in place to allow for the earliest possible commencement of all of the relevant legislation that will allow for birth registrations of donor-conceived children.

Working Family Payment Applications

Ceisteanna (1042)

Thomas Pringle

Ceist:

1042. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection when an application by a person (details supplied) for a working family payment will be decided upon; and if she will make a statement on the matter. [54080/18]

Amharc ar fhreagra

Freagraí scríofa

Working Family Payment (WFP) is a weekly in-work payment which provides additional income support to employees on low earnings with children.

An application was received from the person concerned on 12 October 2018.

The applicant was awarded WFP on 19 December 2018 and was notified in writing of this decision.

However, they have requested a review of the decision of 19 December 2018. Following their request for a review, the Department wrote to the person concerned on 4 January 2019 and has requested additional employment-related information.

On receipt of the requested information from the person concerned, the decision of 19 December 2018 will be reviewed without delay and they will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Illness Benefit Appeals

Ceisteanna (1043)

Michael Healy-Rae

Ceist:

1043. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an illness benefit appeal by a person (details supplied); and if she will make a statement on the matter. [54089/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was in receipt of Illness Benefit from July 2011 until December 2012, at which point they submitted a final certificate and the claim was closed. There is no appeal registered for an Illness Benefit claim in respect of this customer and no further application for illness benefit has been recieved.

I trust this clarifies matters for the Deputy.

Illness Benefit Payments

Ceisteanna (1044)

Brendan Howlin

Ceist:

1044. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the reason an illness benefit payment for a person (details supplied) has ceased; when payment will recommence; and if she will make a statement on the matter. [54096/18]

Amharc ar fhreagra

Freagraí scríofa

The Illness Benefit claim for the person concerned is paid up to date and any arrears due have been issued.

If the person concerned remains ill and unfit for work, a further medical certificate should be submitted to the Department in order for further payments to issue.

I trust this clarifies matters for the Deputy.

Illness Benefit Applications

Ceisteanna (1045)

Robert Troy

Ceist:

1045. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the reason her Department repeatedly supplied incorrect information to a person (details supplied); and the steps she will take to ensure the person is compensated for this period and that officials are fully briefed on the agreement in question. [54108/18]

Amharc ar fhreagra

Freagraí scríofa

An application was received from the person concerned on the 15th February 2018 claiming Illness Benefit from the 1st September 2015.

Under the Social Welfare (Bilateral Agreement with the United Kingdom and Social Security) Order 2007 the regulations state that the country in which a person was last insurably employed is responsible for the claim.

As the person concerned was last insurably employed in Jersey in 2015 prior to this claim, the claim is proper to Jersey and my Department's EU Records section has forwarded the claim to the appropriate authorities there.

The person concerned also claimed Illness Benefit from the 15th January 2018 to the 19th June 2018. This claim was processed and paid in full by this Department as the person concerned was insurably employed in Ireland in 2018 prior to that claim.

I trust this clarifies matters for the Deputy.

One-Parent Family Payment Payments

Ceisteanna (1046)

Bernard Durkan

Ceist:

1046. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a one-parent family allowance payment will be made available in the case of a person (details supplied); if a basic or emergency payment will issue in the interim; and if she will make a statement on the matter. [54117/18]

Amharc ar fhreagra

Freagraí scríofa

There is no record of receipt of an application for a One Parent Family payment from the person concerned.

An application form has issued to her directly. When the completed application form is received, a decision on her entitlement will be made as quickly as possible.

It is also open to the customer to apply for a basic or emergency payment at her local Intreo Centre.

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits Payments

Ceisteanna (1047)

Bernard Durkan

Ceist:

1047. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when basic payment, one-parent family payment and-or child benefit will issue in the case of a person (details supplied); and if she will make a statement on the matter. [54120/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned made an application for One-Parent Family Payment (OPFP) on 11th December 2018 and this claim is being processed by my Department.

Pending finalisation of her OPFP claim the person concerned made a claim for a Basic Supplementary Welfare Payment on 13th December 2018 and she is receiving a weekly payment of €177.80 on this scheme.

The person concerned is in receipt of a monthly Child Benefit payment of €140.00 and this payment commenced on the 1st July 2018.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Payments

Ceisteanna (1048)

Bernard Durkan

Ceist:

1048. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when payment will issue in respect of an invalidity pension in the case of a person (details supplied); and if she will make a statement on the matter. [54123/18]

Amharc ar fhreagra

Freagraí scríofa

The lady referred to has been awarded invalidity pension with effect from 30 November 2017. Payment will issue to her nominated bank account on 24 January 2019. Arrears due from 30 November 2017 to 23 January 2019 (less any overlapping social welfare payment) will issue as soon as possible.

The lady in question was notified of this decision on 08 January 2019.

I hope this clarifies the matter for the Deputy.

Supplementary Welfare Allowance Eligibility

Ceisteanna (1049)

Bernard Durkan

Ceist:

1049. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 642 of 4 December 2018, if a case (details supplied) will be examined with a view to early payment; and if she will make a statement on the matter. [54125/18]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has met with a Community Welfare Officer (CWO). Due to a change in their circumstances, they have made a new application for Basic Supplementary Welfare Allowance (SWA). The CWO has received a letter from Student Universal Support Ireland (SUSI) confirming the person concerned is not eligible for a student grant.

The CWO has advised the person concerned to reapply for Jobseekers Allowance (JA) and this claim will be processed when it is received.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Applications

Ceisteanna (1050)

Robert Troy

Ceist:

1050. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if both a carer's allowance payment and a domiciliary care allowance will be awarded to a person (details supplied) following an appeal. [54144/18]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that the carer's allowance appeal by the person concerned was registered in that office on 6 July 2018 and the domiciliary care allowance appeal was registered on 14 June 2018. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Employment Affairs and Social Protection. The carer's allowance papers were received in the Social Welfare Appeals Office on 26 October 2018 and the domiciliary care allowance papers were received on 19 November 2018. The cases have been referred together to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Appeals

Ceisteanna (1051)

Michael Healy-Rae

Ceist:

1051. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance appeal by a person (details supplied); and if she will make a statement on the matter. [54150/18]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on 27th November 2018 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

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