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Tuesday, 15 Jan 2019

Written Answers Nos. 1072-1091

Carer's Allowance Applications

Ceisteanna (1072)

Bríd Smith

Ceist:

1072. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection when a person (detail supplied) will receive a decision on an application for a carer's allowance. [54547/18]

Amharc ar fhreagra

Freagraí scríofa

I confirm that my department received an application for carer’s allowance (CA) from the spouse of the person concerned on 6 July 2018.

A request for additional information issued to the carer on 23 November 2018.

When the information was received the claim was processed without delay.

As the carer was in receipt of another social welfare payment at a higher rate than CA, the allowance was awarded from a current date with effect from 13 December 2018.

First payment issued on 27 December 2018 to the post office nominated by the carer.

Arrears of allowance due from 13 December to 26 December 2018 also issued on 27 December 2018.

The carer was notified on 18 December 2018 of this decision, the reason for it and of her right of review and appeal.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Appeals

Ceisteanna (1073)

Michael Healy-Rae

Ceist:

1073. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the reason there was a delay in receiving files from the domiciliary care allowance, DCA, section and for the appeal to be expedited in the case of a person (details supplied); and if she will make a statement on the matter. [1006/19]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance (DCA) was received from this lady on the 16th July 2015. This application satisfied the qualifying conditions for the allowance and a letter issued on the 16th October 2015 advising of the decision to award the allowance from the 1st August 2015, the month following receipt of the application, as provided for under the relevant legislation.

The person concerned requested a review of the date of award on three occasions; in November 2015, October 2016 and again in May 2017. In order for backdating to be considered, it is required that good cause can be demonstrated for the delay in submitting an application. If good cause is demonstrated the application can be backdated by a maximum of 6 months. As no new evidence was submitted for consideration on any of these review requests the decision remained unchanged and she was notified in writing of this on each occasion.

An appeal of the date of award of the allowance was registered by the Social Welfare Appeals Office on the 21st August 2018. As part of the appeals process the decision was again reviewed by a deciding officer. The deciding officer found that no new evidence was submitted in relation to the delay in submitting the original application. As a result the decision remained unchanged and the person concerned was notified in writing of this decision on the 4th December 2018. An appeal submission was subsequently prepared and forwarded to the Social Welfare Appeals Office on the 20th December 2018.

Reviews associated with an appeal currently take twelve weeks to process and are dealt with in date of receipt order. Where a review is unsuccessful, a file is then prepared for transmission to the Social Welfare Appeals Office.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Ceisteanna (1074)

Jackie Cahill

Ceist:

1074. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection if the pension rights based on the total contributions approach of a person (details supplied) will be investigated; and if she will make a statement on the matter. [1019/19]

Amharc ar fhreagra

Freagraí scríofa

Since 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 these 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 the 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.

As the person concerned is in the current target group and has unexplained gaps in their social insurance record, they will shortly receive a request for further information. The letter will explain how to access my Department’s on-line service to quickly and easily provide the requested information.

On receipt of the requested information, the person’s state pension (contributory) pension will be reviewed and they will be informed of the outcome in writing. If an increase is due, it will be backdated to 30 March 2018. If no increase is due, the person concerned will continue to receive their current weekly rate of pension.

I hope this clarifies the matter for the Deputy.

Domiciliary Care Allowance Appeals

Ceisteanna (1075)

Paul Kehoe

Ceist:

1075. Deputy Paul Kehoe asked the Minister for Employment Affairs and Social Protection if a domiciliary care allowance claim by a person (details supplied) can be backdated; and if she will make a statement on the matter. [1032/19]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance (DCA) was received from the person concerned on 9th July 2018. This application satisfied the qualifying conditions for the allowance and a letter issued on the 21st September 2018 advising of the decision to award the allowance from 1st August 2018, the month following receipt of the application, as provided for under the relevant legislation.

An appeal of the date of award of the allowance was requested and subsequently registered by the Social Welfare Appeals Office on the 8th October 2018. As part of the appeals process the decision has been reviewed by a deciding officer and she has now been notified in a letter dated 7th January 2019 that this DCA claim has been backdated and awarded from the 1st February 2018. This includes a backdating of payment for the maximum six months allowable in respect of the months February to July 2018. Arrears due for this period will be available with the person's January 2019 payment.

I hope this clarifies the matter for the Deputy.

Illness Benefit Payments

Ceisteanna (1076)

Seán Haughey

Ceist:

1076. Deputy Seán Haughey asked the Minister for Employment Affairs and Social Protection if outstanding illness benefit payments, including arrears due, will be paid to a person (details supplied); if these payments can be made to their bank account as previously requested; if cheques issued can be cancelled in view of the fact that the person did not receive some of them and cannot cash them in Poland; and if she will make a statement on the matter. [1034/19]

Amharc ar fhreagra

Freagraí scríofa

Illness Benefit payments for the person concerned are currently being made to her nominated bank account. Some payment by cheque have not been received by the person concerned and this matter is being followed up with her whereby a Form of Indemnity has issued to her for completion. When this is received back in the Department it will allow the cheques not received to be replaced.

I trust this clarifies matters for the Deputy.

Legislative Reviews

Ceisteanna (1077)

Ruth Coppinger

Ceist:

1077. Deputy Ruth Coppinger asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 620 of 23 October 2018, if she will report on the implementation of the review of the Gender Recognition Act 2015 and the proposed legislative changes envisaged in that report; and if she will make a statement on the matter. [1042/19]

Amharc ar fhreagra

Freagraí scríofa

The current position is that officials from my Department are still considering the recommendations of the report of the Review Group, and how they can best be progressed, in conjunction with relevant Government Departments.

I intend to come back to Government early this year seeking approval to legislate, based on the outcome of these discussions and consultation with the Attorney General; and to lay my own report on the review before the Houses of the Oireachtas.

Working Family Payment Applications

Ceisteanna (1078)

Willie O'Dea

Ceist:

1078. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will be made in relation to an application for a working family payment by a person (details supplied); and if she will make a statement on the matter. [1046/19]

Amharc ar fhreagra

Freagraí scríofa

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

An application for WFP was received from the person concerned on 5 November 2018.

In order to process their WFP application, further details are required in respect of their current employment.

The Department has written to the person concerned on 7 January 2019 and has requested 2 current payslips.

On receipt of the requested documents from the applicant, their WFP application will be processed without delay and they will be notified of the decision.

I trust this clarifies the matter for the Deputy.

Domiciliary Care Allowance Appeals

Ceisteanna (1079)

Michael Healy-Rae

Ceist:

1079. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance appeal by a person (details supplied); and if she will make a statement on the matter. [1049/19]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who decided to hold an oral hearing in this case on the 9th October 2018.

However, the Social Welfare Appeals Office was informed by the person concerned that she was unable to attend the hearing as she was going on holiday at that time. The Appeal Officer agreed to postpone the hearing.

The Appeals Officer dealing with this case has re-scheduled the oral hearing for the 6th February 2019. The person concerned will shortly be notified of the arrangements for the 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.

Labour Activation Measures

Ceisteanna (1080)

Mary Butler

Ceist:

1080. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection if the workers of a company (details supplied) will have the relevant State supports for upskilling and securing new jobs as a matter of priority for the number of employees which is approximately 25 persons; and if she will make a statement on the matter. [1056/19]

Amharc ar fhreagra

Freagraí scríofa

To date my Department has had no official communication from the company concerned. I can confirm that Jobseeker payments have been processed for all former employees who have engaged with the Department.

These individuals are currently participating in the Department’s activation process which provides the person on a jobseeker payment with structured, case managed support back into employment. The activation process will proactively help former employees to access the many opportunities available for employment along with supports such as education and training where appropriate.

I hope this clarifies the matter for the Deputy.

Disability Allowance Payments

Ceisteanna (1081)

Willie O'Dea

Ceist:

1081. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when arrears of a disability allowance application by a person (details supplied) will be awarded; and if she will make a statement on the matter. [1063/19]

Amharc ar fhreagra

Freagraí scríofa

This gentleman was awarded Disability Allowance with effect from 11 October 2017.

Arrears of payment due for the period 11 October 2017 to 13 November 2018 have issued to this gentleman's bank account and will be paid on 9 January 2019.

I trust this clarifies the matter for the Deputy

Illness Benefit Payments

Ceisteanna (1082)

Michael Healy-Rae

Ceist:

1082. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) did not receive all of their illness benefit; and if she will make a statement on the matter. [1122/19]

Amharc ar fhreagra

Freagraí scríofa

The Department received a medical certificate (MC1) for a single week dated from the 22 October to the 29 October but has not received an application form (IB1) for illness benefit.

An application form (IB1) for Illness Benefit was issued to the person concerned for completion in order to clarify the details of his claim. When that is completed and returned the claim will be processed.

I trust this clarifies the matter for the Deputy.

Working Family Payment Payments

Ceisteanna (1083)

Aengus Ó Snodaigh

Ceist:

1083. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the status of an application for a working family payment by a person (details supplied); and when they can expect a decision on their case. [1123/19]

Amharc ar fhreagra

Freagraí scríofa

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

An application for WFP was received from the person concerned on 28 December 2018.

In order to process their WFP application, further information is required in respect of their current employment.

The Department has written to the applicant on 7 January 2019 and has requested 2 current payslips.

On receipt of the requested documents from the person concerned, their WFP application will be processed without delay and they will be notified of the decision.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals Status

Ceisteanna (1084)

Michael Healy-Rae

Ceist:

1084. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied) who was refused DC but has appealed it; and if she will make a statement on the matter. [1150/19]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 January 2019. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department the case in question will be referred 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 appeal 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.

Invalidity Pension Payments

Ceisteanna (1085)

Bernard Durkan

Ceist:

1085. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for invalidity pension in the case of a person (details supplied); if an interim payment can be arranged in view of the length of time taken to process the application and the hardship being caused in this instance as a result thereof; when the application is likely to conclude in view of the clear medical evidence in this case; and if she will make a statement on the matter. [1163/19]

Amharc ar fhreagra

Freagraí scríofa

The gentleman referred to has been awarded invalidity pension with effect from 30 August 2018. Payment will issue to his nominated bank account on 24 January 2019. Any arrears due from 30 August 2018 to 23 January 2019 will issue as soon as possible. The gentleman in question was notified of this decision on the 10 January 2019.

I hope this clarifies the matter for the Deputy.

Departmental Staff Training

Ceisteanna (1086)

Willie O'Dea

Ceist:

1086. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if all Intreo staff have received disability awareness training; the cost of training staff that have not undergone such training to date; and if she will make a statement on the matter. [1164/19]

Amharc ar fhreagra

Freagraí scríofa

The Department of Employment Affairs and Social Protection fully recognises the need to support staff and promote disability awareness and has been very proactive in the provision of training and support in this area in recent years, with a very proactive response from staff.

The Department supports its staff by offering a suite of disability awareness training, including Mental Health and Deaf Awareness, Dealing with Blind Customers as well as general Disability Awareness. The Department also offers courses to staff in Suicide Awareness via Safe Talk, Suicide Prevention via Assist along with courses in Personal Resilience. These courses are available to all staff in the Department, including staff in Intreo Centres. Since 2013, over 2,900 staff have attended training courses in these areas. In addition, e-learning courses developed for front line public servants by the National Disability Authority (NDA) and the Irish Human Rights and Equality Commission (IHREC) are freely available to all staff via the Department’s Staff Development Unit’s intranet site. Bespoke, ad hoc training can also be procured where required.

In conjunction with the Mental Health Ireland (MHI) and the Civil Service Employee Assistance Service (CSEAS), Mental Health Awareness Workshops have been held in a variety of locations. These workshops provide tools and strategies to enhance mental health and well-being, increase awareness and understanding and promote the range of formal and informal supports and resources available.

My Department has a dedicated Disability Liaison Officer to support staff with disabilities along with their managers. The Officer offers support and promotes awareness of disability issues and services amongst staff while also facilitating the Department’s active participation in the Irish Association for Supported Employment’s Job Shadow Initiative and AHEAD’s Willing Able Mentoring Programme. The Department also provides translation, interpretive and Irish Sign Language services as required and is committed to the provision of information in alternative formats where feasible, as outlined in the Department’s Customer Charter.

Induction and Orientation information training for newly appointed staff outlines the range of Departmental supports and grant-aid available to both staff and clients with disabilities. These include employment supports for jobseekers with disabilities such as the Wage Subsidy Scheme, Employability Services and the Reasonable Accommodation Fund, in addition to the Civil Service Employee Assistance Service.

Ongoing liaison with the national Disability Authority and the Disability Federation of Ireland ensures that information on relevant events and seminars is communicated to Departmental staff.

The Department continues with its extensive training, development and awareness in this area. It is estimated that the cost of providing disability awareness training to all staff in Intreo Centres is approximately €90,000.

Comprehensive Employment Strategy for People with Disabilities

Ceisteanna (1087)

Willie O'Dea

Ceist:

1087. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the supports and activation schemes available to support persons with a disability into employment; and if she will make a statement on the matter. [1165/19]

Amharc ar fhreagra

Freagraí scríofa

In line with the Comprehensive Employment Strategy for people with disabilities, my Department is committed to helping more people with disabilities take up and remain in employment where there is a capacity and desire to do so.

To this end, the Department provides a range of employment related supports. These supports include the following:

- The Employability service, delivered under a contract arrangement in 23 locations around the country on behalf of the Department. It specialises in providing support to persons with a disability and works with the Department’s Intreo service. It includes the provision of a dedicated job coach support as well as both pre-employment and in employment supports and assistance.

- The Wage Subsidy Scheme, which is targeted at private sector employers and encourages the employment of people with disabilities through the provision of financial incentives.

- The ‘Ability’ programme, which provides funding (via Pobal) to 27 organizations being funded to support young people (aged 15-29) with disabilities to move closer to the labour market through the provision of a range of person-centered supports. The programme will see some 2,600 young people with disabilities being supported over the next three years.

- A range of employment support grants for people with disabilities are also provided, under the Reasonable Accommodation Fund. The fund is a demand-led scheme and is comprised of the Workplace Equipment Adaptation Grant, the Personal Reader Grant, the Job Interview Interpreter Grant and the Employee Retention Grant.

- The Department also funds two AHEAD (Association for Higher Education Access and Disability) programmes compromising the Willing Able Mentoring (WAM) programme and the ‘Get Ahead’ programme both of which are designed as employment support programmes for graduates with disabilities.

- The Department also provides the Partial Capacity Benefit payment for those with a reduced capacity to work.

My Department also operates a number of general schemes which persons with a disability can avail of, namely:

- The Community Employment (CE) programme enhances employability by providing work experience and training opportunities for people within their communities.

- The Youth Employment Support Scheme (YESS) is open to persons in receipt of Disability Allowance and Blind Pension. This scheme was launched in October 2018.

- The Rural Social Scheme (RSS) provides farmers and fishermen with income support while they also make a contribution to their communities. The scheme is open to people in receipt of Disability Allowance.

Finally, under the Comprehensive Employment Strategy, my Department is progressively developing and improving its Intreo service for people with disabilities who wish to avail of the service on a voluntary basis. Training has been delivered to over 60 Intreo case officers to provide specialised support to people with disabilities presenting at DEASP Intreo Centres. The Jobseeker (person with a disability) who seeks support from their local Intreo Centre will have a meeting arranged with a case officer with a view to agreeing a suitable personal progression plan and in order to access the full range of supports available.

Partial Capacity Benefit Scheme Eligibility

Ceisteanna (1088)

Willie O'Dea

Ceist:

1088. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection if consideration has been given to extending the partial capacity benefit to those in receipt of the wage subsidy scheme; the estimated full year cost of same; and if she will make a statement on the matter. [1166/19]

Amharc ar fhreagra

Freagraí scríofa

While both the wage subsidy scheme (WSS) and the partial capacity benefit (PCB) schemes seek to improve employment outcomes for persons with disabilities, they operate in different ways and with different qualifying conditions. In particular, the WSS is a support to employers while the PCB is a support provided to individuals.

The partial capacity benefit (PCB) scheme is designed for people who are on illness benefit, for at least six months, or on invalidity pension and who have retained some capacity for work and wish to work. If awarded, PCB will allow them to continue to receive, in addition to their earnings from employment, a percentage of their illness benefit or invalidity pension payment while working. The personal rate of payment of PCB is based on a medical assessment of a person’s restriction, regarding their capacity for work, whether the person was in receipt of Illness Benefit or Invalidity Pension and their current rate of payment. After the medical assessment, if a person's disability is rated as moderate, severe or profound their previous payment continues at 50, 75 or 100 per cent, respectively.

The wage subsidy scheme (WSS) is an employment support which provides financial incentives to private sector employers to employ people with a disability for between 21 and 39 hours employment per week under a minimum 12 month contract of employment.

The PCB is intended to provide support to a person returning to employment or self-employment and is not intended for those currently in employment which is one of the qualifying conditions of the WSS. Even if this changed, it is not possible to anticipate how individual PCB medical assessments would apply to persons currently employed, where their employer is receiving a subsidy under the WSS. It should, for example, be noted that if the restriction on a person’s capacity for work is medically assessed as mild, they would not qualify for a PCB payment.

For illustrative purposes, if it was to be assumed that all persons, whose employment is being subsidised by way of the WSS, would become eligible for a PCB payment at the current average PCB payment, the cost would be around €20 million a year.

My Department has looked in the past at the cost of extending eligibility for the WSS to employers who employ people in receipt of PCB. This is currently estimated to cost about €3 million in a full year if such employment was at 21 hours per week. This would rise to around €5 million where employment was at the maximum of 39 hours per week.

It is important to note, that the costing here assumes new PCB participants only, as a WSS payment can only be made where an individual is entering a new job or is in that job for less than 12 months. Under current rules, employers would not be able to apply for those currently in receipt of PCB. Furthermore, additional spending might arise if the numbers of employees at individual employer level were high enough to imply additional spending under strands 2 and 3 of the WSS.

The department continually reviews its supports and schemes however it is not intended to change the criteria for the above supports.

I hope this clarifies the matter for the Deputy.

Disability Support Services Funding

Ceisteanna (1089)

Willie O'Dea

Ceist:

1089. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the expenditure on the reasonable accommodation fund in each of the years 2016 to 2018, in tabular form; and if she will make a statement on the matter. [1167/19]

Amharc ar fhreagra

Freagraí scríofa

The reasonable accommodation fund assists employers to take appropriate measures to enable a person with a disability/impairment to have obtain or retain employment by providing a range of grants. These grants and supports include the workplace equipment adaptation grant, the personal reader grant, the job interview interpreter grant and the employee retention grant.

The purpose of the scheme is to assist unemployed people with disabilities to gain access to the open labour market by providing grants for “reasonable accommodations” in the private sector and to support private sector employers in the employment of people with disabilities.

The reasonable accommodation fund is a demand-led scheme in that expenditure arises in response to applications received. The actual expenditure on the components is set out in the table below:

Table: Expenditure on the Reasonable Accommodation Fund for People with Disabilities

Year

2016

2017

2018

Workplace equipment and adaptation grant

€54,041

€69,254

€100,023

Personal reader grant

€16,537

€31,619

€12,338

Job interview interpreter grant

€7,244

€5,714

€6,361

Employee retention grant

€0

€0

€1,900

Total

€77,822

€106,587

€120,622

I hope this clarifies the issue for the Deputy.

Occupational Injuries Benefit Payments

Ceisteanna (1090)

Michael Healy-Rae

Ceist:

1090. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [1170/19]

Amharc ar fhreagra

Freagraí scríofa

The Occupational Injury Benefit claim for the person concerned has been processed and any arrears due have been issued.

The claim is medically certified up to the 15th January 2019 and paid up to the 12th January 2019.

I trust this clarifies the matter for the Deputy.

Redundancy Payments

Ceisteanna (1091)

Tony McLoughlin

Ceist:

1091. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection the way in which a person (details supplied) can advance an issue in view of the fact her Department has advised them to contact the WRC which has stated they must contact the Employment Appeals Tribunal, which has now advised them to contact her Department; and if she will make a statement on the matter. [1175/19]

Amharc ar fhreagra

Freagraí scríofa

It is the employer’s responsibility to pay statutory redundancy and other wage related entitlements to all eligible employees. In the event that an employer is unable to pay these entitlements due to financial difficulties, the Department can step in to make a payment from the Social Insurance Fund, as part of the redundancy and insolvency payments schemes.

In the event that there is a dispute between the employer and employee, the Workplace Relations Commission (WRC) formally the Employment Appeals Tribunal (EAT) can make a determination in the case.

In relation to the above claimant the Employment Appeals Tribunal (now the WRC) made an award against her employer under the Redundancy Payments Acts, as amended and Minimum Notice and Terms of Employment Acts, as amended.

In order to qualify for statutory redundancy under the Redundancy Payment Scheme, the EAT (WRC) decision must be submitted to my Department within 12 months of the date of the award while under the Insolvency Payment Scheme a claim must be submitted by the relevant office (i.e. liquidator/receiver ) within 18 months prior to the date of insolvency. It is noted from documentation received from the liquidator in October 2018 that the EAT decision for redundancy payment was made in February 2015 while the EAT decision in respect of minimum notice was awarded on 14th May 2015. In the circumstances both EAT decisions fall outside the relevant period under the Redundancy and Insolvency schemes.

My officials have asked the liquidator to formally submit applications to the Department. In the likely event that these applications are disallowed, as they are outside the time limit, the claimant could then appeal the disallowance to the Workplace Relations Commission.

I trust that this clarifies the matter for the Deputy.

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