Written Answers Nos. 547-565
547. Deputy Eamon Scanlon asked the Minister for Employment Affairs and Social Protection the reason a Jobseeker's Allowance payment for a person (details supplied) has been reduced; if the file will be reviewed in view of a change of circumstances; and if she will make a statement on the matter. [3768/19]
Amharc ar fhreagraThe person concerned was awarded Jobseeker's Benefit, JB, a PRSI contribution based payment, on 21 September 2018 at a reduced rate of €88.90 per week. This was based on the contributions paid and the rate of earnings while in employment. He was advised by INTREO staff of his right to apply for a means-tested Jobseekers Allowance, JA, payment and made a claim for the same effective from the same date.
A Supplementary Welfare Allowance, SWA, payment of €107.10 per week was being paid pending a final decision on his JA claim. The combination of payments brought the total received to €196.00 per week. Both JA and SWA payments are subject to a means test and certain other scheme rules. SWA payment was stopped from 12 December 2018 pending the outcome of an investigation of circumstances. The payment of €88.90 per week continues to be paid while the investigation is ongoing. Should the customer wish to discuss these matters in greater detail, he should contact his local Intreo Centre.
This investigation is ongoing and will be concluded in early course, when a decision on the claim will be made.
I trust that this clarifies the matter for the Deputy.
548. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) in County Kildare has had her disability allowance cut; and the status of an invalidity pension application. [3784/19]
Amharc ar fhreagraThe person concerned has had an Increase for Qualified Child Allowance, IQC, in respect of her daughter reinstated on her Disability Allowance, DA, payment with effect from 4 July 2018.
Arrears of payment due issued to the person concerned on 24 January 2019.
Invalidity pension, IP, is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance, PRSI, contribution conditions.
The lady referred to has been awarded invalidity pension with effect from 28 September 2017. Payment will issue to her nominated bank account on 31 January 2019. Any arrears due from 28 September 2017 to 30 January 2019 (less any overlapping social welfare payment) will issue as soon as possible. The lady in question was notified of this decision on 24 January 2019.
I trust this clarifies the matter for the Deputy.
549. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection the position regarding an illness benefit claim by a person (details supplied) in County Kildare. [3785/19]
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 illness benefit claim from the person concerned has been fully paid up to date. A total of €497.90 of illness benefit arrears issued to his bank account on 17 January 2019, and his regular weekly payment is due to reach his account on 24 January 2019, bringing his payment up to date.
He is medically certified until 23 February 2019.
I trust this clarifies the matter for the Deputy.
550. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the measures that have been put in place to ensure that residents here who are recipients of British pensions will be able to receive their pensions in the event of a no-deal Brexit; and if she will make a statement on the matter. [3790/19]
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 under the Common Travel Area between Ireland and the UK, including Northern Ireland.
Last year, I met with the then UK Secretary of State for Work and Pensions and we agreed the objective of 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. Because of the unique nature of the Common Travel Area and the specific rights which it provides and will continue to provide for Irish and British citizens in each other’s countries, it is imperative that Ireland and the UK have an agreement to provide for social protection. I intend that the agreement would be signed at technical level shortly.
In addition, the General Scheme of the Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill which the Government published last week (24 January 2019) is part of a framework of wider planning and preparations for the possibility of a no-deal Brexit, which the Government still hopes can be avoided.
Part 11 of the General Scheme sets out proposed amendments to the Social Welfare (Consolidation) Act 2015, as amended. These amendments are being introduced in in line with the Government’s Brexit priority of maintaining the Common Travel Area.
The amendments give the Minister for Employment Affairs and Social Protection powers to make regulations with regard to a number of issues, such as: the treatment of events of facts in the UK as they relate to claims and payments; taking account of social insurance contributions for the purposes of determining eligibility for social insurance payments; the avoidance of multiple payments; arrangements regarding frontier workers; and the appropriate exchange of information with the proper authorities in the UK (in accordance with the provisions of the GDPR).
551. Deputy Eamon Scanlon asked the Minister for Employment Affairs and Social Protection if clarification will be provided on the purpose of the establishment of an interdepartmental group aimed at examining the overall organisational and governance arrangements for community employment sponsor organisations; and if she will make a statement on the matter. [3820/19]
Amharc ar fhreagraMy Department operates a number of employment support schemes including Community Employment, CE, JI and the RSS. These schemes have a very significant social inclusion focus, are well embedded in our local communities nationally and are generally engaged in significant levels of local service support and delivery.
The RSS and JI are considered to be Social Inclusion placements, whereas the CE placements are categorised into two strands, Social Inclusion and Activation. The Activation placements provide unemployed individuals with work experience, training and development to assist them achieve sustainable employment. The Social Inclusion placements are more suited to adults who need additional supports, e.g. older unemployed workers, persons with a disability, travellers, homeless people, refugees, those requiring drug rehabilitation and ex-offenders. The expected pace of progression from a social inclusion placements is much lower than that of a participant in an activation placement.
I sought the agreement of Government to establish an Interdepartmental Group to explore the most appropriate organisation arrangements, including which Department should host the Community Employment Social Inclusion placements, Drug Rehabilitation and Childcare CE schemes as well as the Rural Social Scheme and the Job Initiative scheme, as I believe that we need to establish an appropriate home and structure for these social inclusion placements.
I believe that we need to take a wholly inclusive approach for people who participate in CE and to include an appropriate focus on their ongoing contribution to the provision of services in local areas.
My Department’s main focus, as a Public Employment Service, has to remain on activation and to progress as many participants as possible from CE into full-time and sustainable employment. It is also my strong view that local services which are supported by these social inclusion placements must be safeguarded into the future.
552. Deputy Marc MacSharry asked the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) in County Sligo will be reviewed; and if she will make a statement on the matter. [3822/19]
Amharc ar fhreagraThe primary purpose of the activation services provided by my Department, including the JobPath service, is to assist and support jobseekers to look for and sustain full-time employment.
My Department refers long-term job-seeking customers to the JobPath service to receive one-to-one intensive and regular engagement with a personal adviser who will assess their skills, experience, challenges and work goals and agree a, “personal progression plan”, that includes a schedule of activities, including relevant training and educational programmes to assist them in finding full-time sustainable employment. There are no barriers to any participants pursuing training, including further education and training courses, providing they are relevant to the agreed personal progression plan.
The JobPath providers arrange for the delivery of a broad range of education and training courses, with a particular and strong focus on upskilling the long-term unemployed. In addition, JobPath participants may also apply for the Back to Education Allowance Scheme in order to pursue second and third-level courses.
Both Seetec and Turas Nua have their own discretionary funds available to pay for training courses, and the decision to approve or reject any request for funding is solely at the discretion of the JobPath provider.
An Officer of my Department contacted Seetec regarding this customer. They confirmed that the training requested was a QQI Module course with a private training company. Seetec advised the customer that this module is offered by the local Education and Training Board, ETB, as part of a two-module, part-time fully funded course. The customer was advised to enrol with the ETB, to which she was in agreement.
I trust this clarifies matters for the Deputy.
553. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection if a person (details supplied) in County Cork has sufficient PRSI contributions to qualify for illness benefit. [3826/19]
Amharc ar fhreagraThe Department has not as yet received a claim from the person concerned for Illness Benefit.
However, the person concerned would appear to have the necessary PRSI contributions for Illness Benefit if she is making a claim from 31 December 2018. She would qualify at a rate of €198 per week.
I trust this clarifies the matter for the Deputy.
554. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if discrepancies in payments to a person (details supplied) will be addressed; and if she will make a statement on the matter. [3845/19]
Amharc ar fhreagraThe person concerned was in receipt of Occupation Injury Benefit from 19 April 2018 to 17 October 2018, at which point his entitlement under this scheme exhausted.
The person concerned was then assessed for Illness Benefit. However, he did not qualify for payment, as he did not have enough PRSI contributions in the relevant tax years. In order to qualify for Illness benefit, a person must have 39 PRSI contributions paid or credited the relevant 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 from before the claim is made.
The person concerned qualifies for Illness Benefit payment from 7 January 2019, as he now has the enough PRSI contributions in the relevant tax year, which changes on that date, to qualify for payment. He is now paid up to 16 January 2019, as that is the date on his most recent medical certificate.
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.
555. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection if legislation was amended to enable persons working one day per week to avail of local community employment schemes, such as in the case of a person (details supplied). [3888/19]
Amharc ar fhreagraCommunity Employment, CE, is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed-term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance or develop both their technical and personal skills.
People in receipt of Jobseeker's payments for 12 months or more may be eligible for CE. However, if persons work more than 30 days during the 12-month qualifying period, they become ineligible. This is because persons who have gained work in excess of 30 days are not considered to be as far removed from the workforce as persons who have worked less than 30 days and are therefore better suited to other interventions instead of CE.
If persons have exceeded the 30 days, they may become eligible again in the future if they are still signing on when the number of days worked within the 12-month qualifying period has dropped below 30 days.
556. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); the reason for the delay in the case; and if she will make a statement on the matter. [3903/19]
Amharc ar fhreagraInvalidity pension, IP, is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance, PRSI, contribution conditions.
A claim for IP was received from the gentleman concerned on 8 November 2018. In order to establish medical suitability, two forms were sent to him on 23 January 2019. On receipt of the completed forms, the IP claim will be processed as quickly as possible and he will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
557. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection when the provisions of the Public Service Superannuation (Age of Retirement) Act 2018 will be applied to supervisors of community employment schemes and other activation and community programmes funded by her Department; and if she will make a statement on the matter. [3908/19]
Amharc ar fhreagra558. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the number of community employment scheme supervisors who have sought permission to stay in employment beyond the age of 66 years as provided for other public servants under the Public Service Superannuation (Age of Retirement) Act 2018; and if she will make a statement on the matter. [3909/19]
Amharc ar fhreagra559. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the number of community employment scheme supervisors who are aged 65 years or over; and if she will make a statement on the matter. [3910/19]
Amharc ar fhreagra560. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the number of participants on community employment schemes over 60 years of age by year in tabular form; and if she will make a statement on the matter. [3911/19]
Amharc ar fhreagraI propose to take Questions Nos. 557 to 560, inclusive, together.
As the Deputy is aware the provisions of the Public Service Superannuation (Age of Retirement) Act 2018 relates to public service employees only.
Participants and supervisors on community employment programmes operated by my Department are employees of private companies in the community and voluntary sector that receive public funding. They are not employees of my Department or public servants and therefore the provisions of the Act do not apply to them.
My Department does not provide funding for participant or supervisors who have reached the State Pension age.
There are currently 44 supervisors on Community Employment schemes aged between 65 and 66 years.
There are 4,655 participants on Community Employment schemes aged between 60 and 66 years, details of which are set out in Table 1.
Table 1 - Community Employment scheme participants over 60 years
|
Participant Age |
Number |
|
60 years |
802 |
|
61 years |
828 |
|
62 years |
874 |
|
63 years |
831 |
|
64 years |
732 |
|
65 years |
588 |
|
Total |
4,655 |
561. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection if the number of staff based in Kilbarrack and Coolock, Dublin 5, will be increased; the grades that will be assigned to these positions; the dates on which they will be recruited or allocated; and if she will make a statement on the matter. [3924/19]
Amharc ar fhreagraMy Department, like all Government Departments and agencies, is required to operate within a staff ceiling figure and a commensurate administrative staffing budget, which for this Department has involved reductions in staff numbers.
My Department continues to focus on prioritising the filling of critical posts. The staffing needs for all areas within the Department, including its offices in Kilbarrack and Coolock, are continuously reviewed, taking account of workloads, management priorities and the competing demands arising, to ensure that the best use is made of all available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department.
In accordance with relevant Department of Public Expenditure and Reform circulars and guidelines, when a permanent post is approved to be filled, the assignment will be made from either a panel created through a Public Appointment Service competition or from an internal Departmental promotion panel or from the relevant transfer list.
My Department is actively working on filling one Executive Officer post in Kilbarrack and one Clerical Officer post in Coolock and anticipates that these posts will be filled very shortly.
562. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection if asylum seekers who have completed a first year of a course of study in a higher education institution under the sanctuary and refugee programme and who are subsequently granted status to remain here can qualify for the Back To Education Allowance for the remainder their course of study (details supplied); and if she will make a statement on the matter. [3989/19]
Amharc ar fhreagraThe Back To Education Allowance scheme, BTEA, is one of the Department’s activation interventions designed to support second-chance education. It enables eligible persons to pursue education and to continue to receive their existing welfare payment for the duration of a course of study. All BTEA participants must re-establish their entitlement to the qualifying welfare payment at the beginning of each and subsequent academic year.
BTEA is not available to students in the circumstances as referred to by the Deputy, as they do not have an ongoing entitlement to a qualifying social welfare payment.
The BTEA is not intended as an alternative form of funding for people pursuing third-level education. 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 Deputy should also note that applicants approved for BTEA are not eligible for a maintenance grant from SUSI. Additionally, I understand that the supports on offer through sanctuary scholarships should remain available to recipients throughout the duration of their course.
I would advise that any person who is experiencing financial hardship to engage with my Department's Community Welfare Service, which may be able to offer support under the Supplementary Welfare Allowance scheme. I trust this clarifies the matter for the Deputy.
563. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will address a matter in the case of a person (details supplied); and if she will make a statement on the matter. [4003/19]
Amharc ar fhreagraThis applicant was on Jobseeker's Benefit in September 2018, when she applied for Back to Education Allowance, BTEA, for which she qualified. The rules and regulations in relation to BTEA changed for the 2015-16 academic year, where the cumulative total was not to be frozen.
I am advised by my Department that, in general, this would be conveyed by the Case Officer to the customer at the time of application. It is open to the customer to apply for Jobseeker's Allowance or Jobseeker's Credits once her Jobseeker's Benefit exhausts. Should the customer wish to discuss her case in greater detail, she should contact her local Intreo Centre.
I trust this clarifies the matter.
564. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection further to Parliamentary Questions Nos. 202 and 274 of 3 May 2017, Nos. 112, 170, 226 and 253 of 4 October 2018 and No. 215 of 11 October 2018, if she has considered the situation of persons in receipt of long-term social welfare payments who are debarred from renting out a spare room in their home at the risk of losing some of their social welfare payment; if steps can be taken to bring them into line with PAYE workers who can rent out a room tax-free under the rent-a-room scheme in the context of the housing shortage; and if she will make a statement on the matter. [4021/19]
Amharc ar fhreagraSocial welfare legislation provides that for social assistance schemes all income and capital (such as savings, investments and property other than the family home) belonging to the claimant and his or her spouse/partner, where applicable, are assessable for means assessment purposes.
Where an individual is renting part of his or her family home, the cash value of the rental income is assessed. However, such rental income is reduced by a range of deductions. These include:
i. a proportion of any mortgage interest paid by the claimant on the part of the property rented;
ii. a 15% deduction for voids (i.e. periods when the accommodation is vacant between lettings); and,
iii. if the rooms let are furnished, a 5% deduction for wear and tear.
In this regard, the cash value of any rental income is not assessed in full, as at least 20% of such income may be disregarded.
Fully disregarding all rental income would run contrary to the policy of ensuring that social welfare expenditure is targeted to those who need it the most. It could also potentially negatively impact on the incentive to work for working age recipients. It should be noted that in the case of the State Pension (Non-Contributory) and Widow's/Widower's or Surviving Civil Partner's Pension (Non-Contributory), social welfare legislation provides that no assessment is made of any money received in respect of rent from a person who lives with the pensioner where, but for that person, the pensioner would be living alone.
Any change to my Department’s means assessment policies would have to be considered in the overall policy and budgetary context.
565. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the status of the transposition into law of the EU directive on the activities and supervision of institutions for occupational retirement provision, IORP II; her plans to make changes to the provision that single member schemes will no longer be allowed to enter into new borrowing agreements except for short-term and liquidity purposes; and if she will make a statement on the matter. [4060/19]
Amharc ar fhreagraThe over-arching objective of IORP II Directive is to facilitate the development of occupational retirement savings in the EU. Many of the provisions contained within the Directive will support positive reform of the Irish occupational pension sector. The Directive provides for a range of new requirements concerning governance, management standards in schemes, safekeeping of assets, the need for clear and relevant information to members, the removal of obstacles to cross-border provision of pension services and the facilitation of cross-border transfer of schemes. There are also provisions that will enhance the powers of the Pensions Authority for effective supervision of occupational pensions.
The IORP II Directive was the result of almost three years of discussion and negotiation and came into force on 12 January 2017. Officials in my Department, supported by the Pensions Authority, are managing the transposition process of the IORP II Directive. This is a substantial Directive, and preparation of regulations to transpose the Directive is at an advanced stage. It is expected that transposition into Irish law will be achieved later this quarter. This timeframe is in keeping with many other EU countries.
Codes of practice will be issued by the Pensions Authority following approval of the Minister. The codes will expand on requirements, policies and principles prescribed in the transposing regulations. They will explain in practical detail what the Authority will expect from trustees to demonstrate their commitment to serving the best interests of members, deferred members and other beneficiaries.
To ensure that schemes are informed of their obligations under the Directive, the Pensions Authority will also undertake a communication campaign on the implementation of the Directive. The Authority will engage and consult with industry stakeholders and trustees on implementation of the new regulatory regime and related codes of practice. The emphasis of this engagement will be on providing sufficient support, time and information in order for industry and trustees to plan for and make the changes needed.
While the Directive allows Member States not to apply some of the provisions to smaller schemes, I believe all schemes should be subject to sound protections for pensions and consumers. Money saved for pension purposes should be properly protected to ensure that the saver has adequate resources for retirement years. To exclude small schemes from the provisions of the Directive would be contrary to the policy of enhancing standards for consumers.
Article 19 of the Directive sets out the investment rules for occupational pension schemes. The underlying principle for capital investment is for schemes to invest in accordance with the, "prudent person", rule and the other specific rules set out in the Article. It is recognised that there should be an appropriate level of investment freedom for schemes within prudent limits, and this is reflected in the rules. Assets must be predominantly invested on regulated markets, i.e., at least 50%. This allows adequate scope for investment in instruments with a long-term economic profile and non-listed undertakings such as property and infrastructure.
The application of the Directive is prospective, not retrospective, so these changes will not affect existing investments and borrowings by schemes. From transposition forward, single member schemes will no longer be allowed to enter into new borrowing agreements, except for short-term and liquidity purposes, and all future investments will have to be in accordance with the rules in the Directive. Accordingly, no current investment plans are impacted or jeopardised.
I hope this clarifies the matter for the Deputy.
