Written Answers Nos. 1052-1071
1052. Deputy Fergus O'Dowd asked the Minister for Employment Affairs and Social Protection if a matter raised in correspondence (details supplied) regarding the alternate options available to persons if they do not have the required 13 paid contributions in the relevant tax year but do have them in the current tax year will be addressed; and if she will make a statement on the matter. [54170/18]
Amharc ar fhreagraThe Department administers the Illness Benefit 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.
The person concerned was advised by letter dated 9th January 2019 that he was not entitled to payment of Illness Benefit as he does not satisfy all of the contribution conditions.
Although the person concerned satisfied the first PRSI contribution qualifying condition, he unfortunately does not satisfy the second PRSI qualifying condition, which is as follows:
- 39 weeks of PRSI contributions paid or credited in the relevant tax year, of which 13 must be paid contributions. If a person does not have 13 paid contributions in the relevant tax year, then 13 paid contributions in one of the following tax years can be used instead:
- Either of the two tax years before the relevant tax year
- The last complete tax year (before the year in which your claim for Illness Benefit begins)
- The current tax year
or
26 weeks of PRSI contributions paid in the relevant tax year, and 26 weeks of PRSI contributions paid in the tax year immediately before the relevant tax year.
The relevant tax year is the second-last complete tax year before the year in which your claim for Illness Benefit begins.
The person concerned has no contributions in 2016 and 4 contributions in 2017, meaning he does not have enough contributions in the relevant tax years to qualify for payment.
It is open to the person concerned to apply for Disability Allowance if he has an incapacity that is likely to last for at least one year. Disability Allowance is a means-tested scheme. If the person concerned has an urgent financial need he can apply for assistance under the Supplementary Welfare Allowance scheme at his local Intreo centre.
I trust this clarifies the matter for the Deputy.
1053. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when arrears in respect of a disability allowance application by a person (details supplied) will issue; and if she will make a statement on the matter. [54184/18]
Amharc ar fhreagraThis lady was awarded disability allowance with effect from 27 September 2017.
Arrears of payment due for the period 27 September 2017 to 11 December 2018 issued to this lady's bank account on 7 January 2019.
I trust this clarifies the matter for the Deputy.
1054. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the reason a payment has not issued to a person (details supplied) in the past two weeks of December 2018; and if she will make a statement on the matter. [54188/18]
Amharc ar fhreagraThe Illness Benefit claim for the person concerned is in payment and all arrears owing to them have been issued.
The claim is both medically certified and paid up to date.
If the person concerned remains ill and unfit for work, a further medical certificate should be submitted to the Department as soon as possible in order for further payments to issue.
I trust this clarifies the matter for the Deputy.
1055. Deputy Niall Collins asked the Minister for Employment Affairs and Social Protection the cost incurred by her Department in 2018 for the use of taxi services; and if she will make a statement on the matter. [54209/18]
Amharc ar fhreagraThe cost incurred on taxi services by my Department in 2018 are outlined in the following table. These costs are provisional and subject to audit by the Comptroller and Auditor General.
|
Year |
2018 |
|
Taxi Services |
€27,580 |
Taxi costs are paid wholly and exclusively in the course of a person’s duties in carrying out Departmental businessss.
1056. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if an application for a disability allowance by a person (details supplied) will be expedited. [54222/18]
Amharc ar fhreagraThe person concerned submitted an application for disability allowance (DA) on 10 September 2018.
Their application, based upon all the evidence submitted, was disallowed on the grounds that they do not satisfy the medical conditions for disability allowance and they are not habitually resident in this state.
The person concerned was notified in writing of this decision on 3 January 2019 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).
I trust this clarifies the matter for the Deputy.
1058. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection the number of applications for the exceptional needs payment each month in 2018; the number granted, refused and appealed, respectively, by month; the number, if appealed, that were successful; and if she will make a statement on the matter. [54241/18]
Amharc ar fhreagraUnder the supplementary welfare allowance (SWA) scheme, the 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. The Government has provided €38.8 million for ENPs and UNPs in 2019. An urgent needs payment (UNP) may be 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.
Reviews of ENP decisions are carried out by review officers within the community welfare service. Statistics are maintained relating to payments under the ENP and UNP schemes; however, they are not maintained on the number of applications, the outcome of those applications, the number of reviews or the outcomes of those reviews.
The tabular statement below shows the number of ENP and UNP payments that issued each month in 2018.
I trust this clarifies the matter for the Deputy.
Tabular Statement: Number of ENP and UNP payments made in 2018
|
Month |
Number of Payments |
|
Jan |
8,379 |
|
Feb |
8,390 |
|
Mar |
8,250 |
|
Apr |
8,290 |
|
May |
9,191 |
|
Jun |
8,047 |
|
Jul |
8,976 |
|
Aug |
9,918 |
|
Sep |
8,992 |
|
Oct |
13,335 |
|
Nov |
11,510 |
|
Dec |
9,236 |
|
Total |
112,514 |
1059. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of eligibility for a carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [54259/18]
Amharc ar fhreagraAn application for carer's allowance (CA) was received from the person concerned on 9 August 2018.
It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.
This is defined as requiring from another person continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to himself or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of the application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 7 November 2018 of this decision, the reason for it and of his right of review and appeal.
The person concerned requested a review of this decision on 18 December 2018 and submitted additional evidence in support of his application.
This additional information is currently being considered by a Deciding Officer of my Department.
Once this review is complete, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
1060. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a carer's allowance by a person (details supplied); and if she will make a statement on the matter. [54306/18]
Amharc ar fhreagraFollowing an Appeals Officer’s decision, carer's allowance (CA) was awarded to the person concerned on 14 December 2018 with effect from 12 October 2017. Their first payment, along with their 2018 carer’s support grant, issued to their nominated post office on 20 December 2018.
Arrears of CA for the period 12 October 2017 to 19 December 2018 also issued via cheque dated 14 December 2018.
The person concerned was notified of the outcome on 14 December 2018.
I hope this clarifies the matter for the Deputy.
1061. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if a matter regarding the case of a person (details supplied) will be addressed; and if she will make a statement on the matter. [54307/18]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 1 November 2018. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.
I am advised that the person concerned has now submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.
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.
1062. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the reason an invalidity pension payment has not issued to a person (details supplied) despite the person being notified of the awarding of a pension; and if she will make a statement on the matter. [54309/18]
Amharc ar fhreagraThe person concerned is currently in receipt of Partial Capacity Benefit (PCB).
The Partial Capacity Benefit section received correspondence from the person concerned on the 22 October 2018 stating that she would like to opt out of PCB and receive Invalidity Pension instead.
The PCB section sent a letter to the person concerned on the 6th November 2018 requesting confirmation from her employer of the date she finished working. No reply was received and a further letter issued to the person concerned on 10 January 2019 seeking this information. When this information is received her PCB claim will be closed. Invalidity Pension will then be reinstated and any arrears due to her at that time will issue.
I trust this clarifies matters for the Deputy.
1063. Deputy Ruth Coppinger asked the Minister for Employment Affairs and Social Protection the number of valid public services cards issued. [54322/18]
Amharc ar fhreagraTo date, over 3.64 million Public Services Cards (PSCs) have issued. Over 2.983 million people are now SAFE registered.
As the PSCs are valid for seven years, the majority of the people who are now SAFE-registered and who are still alive have a valid card.
I trust this clarifies the position for the Deputy.
1064. Deputy Brian Stanley asked the Minister for Employment Affairs and Social Protection when the new system of calculating PRSI contributions for the State pension (contributory) will be in place; and if years in which a person was unable to work outside of the home due to childcare responsibilities will be credited. [54337/18]
Amharc ar fhreagraSince the end of September 2018, my Department has been examining the social insurance records of pensioners born on or after 1 September 1946 who were awarded state pension (contributory) on reduced post-Budget 2012 rate bands. Information letters were issued to all pensioners explaining that my Department will contact them again to either inform them about the outcome of their review or to request further information in order to complete their review. All of the claims involved will be individually examined, starting with those aged 71 or over. The process will take a number of months to complete.
Where possible, my Department will use information already held to assist in these reviews. For example, a deciding officer will consider awarding HomeCaring Periods where a person’s gap in employment coincides directly with a period for which they received a social welfare payment such as Child Benefit (for a child up to age 12) or Carers Allowance or Benefit. Additional information will be requested in writing from pensioners in relation to unexplained gaps in their social insurance record if required to complete their review. Information requests will also explain how to access my Department’s online service to provide the relevant information. On receipt of the requested information, the person’s state pension (contributory) will be reviewed and they will be informed of the outcome in writing.
It is expected that the first review outcomes will be notified during Quarter 1 2019. Regardless of when a review is completed, where a pensioner qualifies for an increase, the increase will be paid with their next due payment and arrears backdated to March 2018, or their 66th birthday if later, will be paid. If a pensioner does not qualify for an increase, they will continue to receive their existing rate of payment. No personal pension entitlement rates will be reduced as a result of this review.
I hope this clarifies the matter for the Deputy.
1065. Deputy Stephen S. Donnelly asked the Minister for Employment Affairs and Social Protection the financial supports available for non-medical costs for families of sick children; and if she will make a statement on the matter. [54403/18]
Amharc ar fhreagraDomiciliary care allowance is payable in respect of children with a severe disability who require care and attention substantially in excess of that required by children of a similar age without their disability, providing this additional care is likely to last for at least 12 months.
This allowance and the related annual carers support grant are not provided for a specific purpose and can be used as required by the recipient.
Additional costs resulting from a child's illness may be covered under the exceptional needs payment scheme operated by the Department. Payment is discretionary and based on the individual circumstances of each application.
I trust this clarifies the matter for the Deputy.
1066. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the reason an application by a person (details supplied) for a hearing aid was refused; and if she will make a statement on the matter. [54406/18]
Amharc ar fhreagraQualification for medical appliance benefit is based on satisfying certain PRSI conditions, including having paid the required total number of contributions since first starting work, along with having the required number of contributions paid or credited in the relevant tax year on which the claim is based.
The person concerned made an application for medical appliance benefit in December 2018. This application was refused as she did not have the required total number of contributions recorded.
However, following a further examination of her record an older insurance record has been found and the contributions paid under that number can be counted for qualification purposes. As a result, she now has the required number of contributions to qualify for the benefit. She will receive a letter within the next few days advising her of the position and confirming her eligibility for medical appliance (hearing aid) benefit.
I hope this clarifies the matter for the Deputy.
1067. Deputy John Brady asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the practice of some social welfare inspectors working on an investigation and also acting as a community welfare officer and dealing with an application for assistance from a person or family that is the subject of the investigation; her views on whether there is a potential conflict of interest in these instances; and if she will make a statement on the matter. [54430/18]
Amharc ar fhreagraThe allocation of roles and duties of staff in an area are within the remit of the local Divisional management team and are determined by the business needs of that area. Staff may work both in the role of a social welfare inspector and community welfare officer as required depending on the ongoing operational needs of the area in question.
I am advised by my Department that there is no conflict of interest in these instances as each scheme application is dealt with by the officer in accordance with the guidelines for that particular scheme. An officer working in the role of a social welfare inspector may carry out an investigation on a case and may also act as a community welfare officer if the same customer applied for supplementary welfare allowance on an interim basis pending the outcome of the original scheme investigation.
In this situation the inspector makes the decision on the supplementary welfare allowance claim and the original scheme claim is decided by a deciding officer based on the reports completed by the social welfare inspector.
I trust this clarifies the matter for the Deputy.
1068. Deputy John Brady asked the Minister for Employment Affairs and Social Protection her plans in place regarding the continued payment of social security payments from the United Kingdom to persons living here in the case of a no-deal Brexit; and if she will make a statement on the matter. [54435/18]
Amharc ar fhreagraThe Government and the EU remain committed to securing a negotiated Brexit outcome. We have been planning for all Brexit scenarios but in light of uncertainties in London and the Brexit deadline of 29 March, the Government decided at its meeting of 11 December that immediate priority must now be given to preparations for a no-deal Brexit and that Government Departments and state agencies should urgently take forward work on that basis.
The Contingency Action Plan which the Government published on 19 December sets out in comprehensive terms the challenges to be faced and the actions taken and planned by the Government across key sectors in the event of a no-deal Brexit scenario.
My key area of interest is the impact of Brexit on the current reciprocal arrangements for social insurance schemes, social assistance schemes and child benefit between Ireland and the UK, including Northern Ireland. I met with the then UK Secretary of State for Work and Pensions, the Right Honourable Esther McVey, on 23 April 2018. We agreed on our objective in ensuring that the reciprocity of social welfare rights and entitlements, which currently exist for Irish and UK citizens moving within Ireland and between Ireland and Britain under the Common Travel Area, are safeguarded and maintained.
1069. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the budget and spend in her Department for marketing, media and social media in each of the years 2016 to 2018, inclusive; the projected spend for 2019; and if she will make a statement on the matter. [54463/18]
Amharc ar fhreagraFor the purpose of this response, I interpret the "spend in her Department for marketing and media and social media” as media buying costs incurred from public information campaigns across all media, senior management vacancy notices, and other announcements. The budget figure listed for each year is the total budget allocation for customer communications and advertising.
My Department is committed to ensuring that members of the public are aware of the welfare supports and services that are available to them and that they are notified of any scheme changes which may affect them. Public information campaigns are targeted carefully, using the best mix of media formats, to ensure that the Department’s messages reach members of the public effectively.
The Department’s public information campaigns span national and regional print media, radio, outdoor formats, and social media and digital advertising channels. Expenditure on these channels will vary from year to year depending on the range and number of new initiatives or required messaging. As such, it is not possible to supply a figure for projected spend in 2019.
All advertising expenditure undertaken by the Department is tendered for in accordance with Government and EU procurement guidelines, including use of framework agreements from the Office of Government Procurement.
Total advertising expenditure in 2016, 2017 and 2018 are set out in the following table.
|
Year |
Total Advertising Expenditure (VAT Inclusive) |
Total Communications and Advertising Budget |
|
2016 |
€87,643 |
€370,000 |
|
2017 |
€839,103 |
€1.335m |
|
2018 |
€416,585 |
€1.35m |
1070. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of staff in her Department employed to work on marketing, media and social media in 2018. [54480/18]
Amharc ar fhreagraStaff in the Communications and Customer Service Unit of my Department perform a number of different roles which may change depending on the business needs of the Department. Staff are divided between the following teams within the Unit:
- Communication (7 staff): The communications team are responsible for all planned external communications and public information campaigns, as well as supporting internal communications, developing and designing reports / documents / posters and other visual material for use by the Department in its engagements with customers, stakeholders and staff. The team is also responsible for developing useful customer content including explainer videos and information in a range of accessible formats including Plain English, Irish Sign Language and braille, where required.
- The Press Office Team (3 staff): The press office team communicates the messages of the Minister and the Department to the media, manages key media events for the Department and provides timely responses to media enquiries. The team also manages the Department’s official Twitter account in respect of press/public information.
- The Information Team (14 staff): The team operates a general information contact centre and email enquiry account on behalf of the Department, which provide general information to customers on the schemes and services of the Department. The team also represent the Department at various customers and stakeholder events and provide general information talks on aspects of the Department’s work to various organisations (e.g. pensions/other entitlements). They also assist other areas with the logistics associated with representing the Department at events, including the provision of corporate materials for such events. They also manage the provision of an information leaflet despatch service on behalf of the Department. The team also manages the Department’s official Twitter account in respect of general public enquiries/information requests.
- Customer Service Policy Team (5 staff): The team is responsible for developing Customer Services Policy on behalf of the Department. The team also coordinates the Department's Comments Complaints and Compliments system which is the formal feedback system from customers on their experiences of interacting with the Department. It manages and coordinates the Customer Charter and Action Plan, manages quarterly stakeholder fora on behalf of DEASP and produces the quarterly staff magazine, Social Affairs.
- Website, Forms Design Team (7 staff): The team manage and update the Department’s website on a daily basis to ensure timely and relevant customer and stakeholder information is available and presented in an accessible and user-friendly way. This includes scheme updates, important changes in the Department, crisis communications and service / office related updates. The team also manages the Department’s official Twitter account for the purpose of customer information / customer service. The forms design team develop and update primary customer application forms for all schemes administered by the Department.
1071. Deputy Brendan Ryan asked the Minister for Employment Affairs and Social Protection the legal basis by which different groups that are listed within the various subsections of Part 2 of Schedule 1 to the Social Welfare Consolidation Act 2005 (as amended) can result in groups having differing statutory PRSI classification outcomes; the persons to which the same legislative provisions apply; and if she will make a statement on the matter. [54522/18]
Amharc ar fhreagraSchedule 1, Part 2, Section 1 of the Social Welfare Consolidation Act 2005 lists a number of employments which are excepted from the definition of employment for the purposes of social insurance coverage. Spouses of self-employed contributors are specifically one category excepted from PRSI liability in respect of their working activity with their spouse. Family members who work together are generally not insurable under the Social Welfare Acts. Other relatives, such as sons, daughters and grandchildren, are also usually exempted.
However, depending on the nature of the employment relationship, there are some circumstances where such employments are insurable. For spouses, there is scope within the provisions of social welfare legislation to enable spouses who are partners in an enterprise, or who work together in a legally incorporated business, to be insurable and to accrue entitlement to certain benefits and pensions.
Current social welfare legislation reflects the reality that family members regularly support each other without having any intention of entering into formal contractual arrangements. Employment under a contract of service as an employee or as a contract for services as a self-employed person is, by its very nature and necessity, a formal agreement between two or more parties. All contracts bring with them rights and responsibilities that, in this instance, include compliance with legislation relating to PRSI, taxes and employment rights.
Section 12 of the act defines an employed contributor and also excludes those employments listed in Part 2 of Schedule 1 from insurability as it states:
"Subject to this Act—
(a) subject to paragraph (b), every person who, being over the age of 16 years and under pensionable age, is employed in any of the employments specified in Part 1 of Schedule 1, not being an employment specified in Part 2 of that Schedule, shall be an employed contributor for the purposes of this Act"
The categories of excepted employments are listed in Part 2 of Schedule 1 as:
1. Employment in the service of the spouse or civil partner of the employed person.
2. Employment of a casual nature otherwise than for the purposes of the employer’s trade or business, and otherwise than for the purposes of any game or recreation where the persons employed are engaged or paid through a club.
3. Employment by a prescribed relative of the employed person, being either employment in the common home of the employer and the employed person or employment specified by regulations as corresponding to employment in the common home of the employer and the employed person.
4. Employment specified in regulations as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.
5. Employment specified in regulations as being of inconsiderable extent.
6. Employment under a scheme provided by the Minister and known as Community Employment where that employment began before 6 April 1996.
7. Employment in the State in a company under a written or an oral contract of service, whether expressed or implied, where the employed person is-
(a) the beneficial owner of that company, or
(b) able to control 50 per cent or more of the ordinary share capital of that company, either directly or through the medium of other companies or by any indirect means.
I trust this clarifies the matter for the Deputy.
