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Tuesday, 12 Feb 2019

Written Answers Nos. 703-724

Carer's Benefit Applications

Ceisteanna (703)

Michael Healy-Rae

Ceist:

703. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a carer's benefit by a person (details supplied); and if she will make a statement on the matter. [6344/19]

Amharc ar fhreagra

Freagraí scríofa

Carer's benefit (CARB) is a PRSI based payment, made to persons who are providing full-time care and attention to a person who has such a disability that they require that level of care.

An application for CARB was received from the person concerned on 14 January 2019. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Payments

Ceisteanna (704)

Jackie Cahill

Ceist:

704. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection if she will address a matter regarding the case of a person (details supplied); and if she will make a statement on the matter. [6345/19]

Amharc ar fhreagra

Freagraí scríofa

The gentleman concerned was awarded Invalidity Pension (IP) from 14 June 2018 at the maximum weekly personal rate of €203.50 with first payment issuing to his nominated bank account on 14 June 2018.

The gentleman concerned was in receipt of an increase for qualified children (IQC) on his claim for Illness Benefit. A review of his entitlement to IQC was carried out and it was disallowed as his spouse's means were deemed to be in excess of the statutory limit for receipt. He was notified on 24 July 2018 of this decision and of his right of review and appeal to the independent Social Welfare Appeals Office.

The gentleman concerned remains in receipt of IP at the maximum personal rate.

I hope this clarifies the matter for the Deputy.

Disability Allowance Appeals

Ceisteanna (705)

Brendan Howlin

Ceist:

705. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the status an application for a disability allowance by a person (details supplied); and if she will make a statement on the matter. [6358/19]

Amharc ar fhreagra

Freagraí scríofa

Based on the evidence supplied in support of this person’s application, her application for disability allowance (DA) was disallowed on the grounds that the medical qualifying condition was not satisfied. The person in question was notified in writing of this decision on 31 October 2018.

They requested a review of the decision by a deciding officer (DO) and submitted additional medical evidence for consideration on 13 November 2018.

On 6 February 2019 they were asked to supply supporting documentation required by the deciding officer in order to make a decision on her eligibility. On receipt of this information a decision will be made and she will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Disability Allowance Appeals

Ceisteanna (706)

John McGuinness

Ceist:

706. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection if a claim for a disability allowance now under appeal will be expedited and approved in the case of a person (details supplied). [6397/19]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on 12 December 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.

Community Employment Schemes Supervisors

Ceisteanna (707)

Michael Fitzmaurice

Ceist:

707. Deputy Michael Fitzmaurice asked the Minister for Employment Affairs and Social Protection if supervisors and assistant supervisors of community employment schemes can transfer to another scheme operated by a different sponsoring organisation when a scheme closes; if they must be made redundant before taking up a new position; if the entitlements they have built up in their time on the initial schemes will be honoured by the second employer if they transfer; and if she will make a statement on the matter. [6414/19]

Amharc ar fhreagra

Freagraí scríofa

Work schemes such as Community Employment (CE) are positive initiatives that enable the long-term unemployed to make a contribution to their communities whilst up-skilling themselves for prospective future employment. This scheme helps to break the cycle of unemployment and improve a person’s chances to return to the labour market.

CE schemes are typically sponsored by groups (known as sponsors organisations) wishing to benefit the local community. My Department agrees participant numbers annually with each CE sponsor organisation who are the employer and who are then responsible for the recruitment of participants and for identifying suitable work placements.

If schemes are unable to fill their participant places, my Department can give consideration to merging the scheme with another scheme in order to ensure viability. In these circumstances, the Supervisor or Assistant Supervisor can transfer directly to the new scheme if there is a position of the same rank available and their rights are then protected by legislation. A business taken over by another employer as a result of a legal merger or the transfer of the rights of the employees are protected by the following legislation, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

Generally a redundancy situation for a supervisor/assistant supervisor would only arise if the scheme closed with no agreement for an amalgamation with another scheme or if there was no position at the same rank on amalgamation.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Ceisteanna (708)

Jackie Cahill

Ceist:

708. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection if pension entitlements in the case of a person (details supplied) will be reviewed under the total contributions approach and home caring periods; and if she will make a statement on the matter. [6436/19]

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 have an entitlement to and are being paid a reduced state pension (contributory) under post Budget 2012 rate bands. Their rate of payment will be reviewed under recently enacted legislation. Given the numbers involved, the reviews will take a number of months to complete.

The person concerned was assessed as having a reduced rate entitlement to state pension (contributory) in 2013. The person was informed at that time that they were financially better off to remain as a qualified adult on their spouse's claim.

Individuals with an underlying entitlement to reduced rate state pension (contributory) but who are beneficiaries of a higher rate increase for qualified adult (IQA) payment will be reviewed. Letters are expected to issue to these individuals in Quarter 2 2019.

Where, following review, if the rate of state pension (contributory) is the highest rate payable, the person will be transferred to that payment and arrears, backdated to 30 March 2018, or their 66th birthday if later, issued without delay. However, if her existing rate as a beneficiaries of a increase for qualified adult (IQA) is still higher she will continue to receive that rate.

I hope this clarifies the matter for the Deputy.

Treatment Benefit Scheme Data

Ceisteanna (709, 710, 711, 712)

Shane Cassells

Ceist:

709. Deputy Shane Cassells asked the Minister for Employment Affairs and Social Protection the number of persons who availed of dental benefit through the treatment benefit scheme in 2018; and if she will make a statement on the matter. [6451/19]

Amharc ar fhreagra

Shane Cassells

Ceist:

710. Deputy Shane Cassells asked the Minister for Employment Affairs and Social Protection the number of persons who availed of optical benefit through the treatment benefit scheme in 2018; and if she will make a statement on the matter. [6452/19]

Amharc ar fhreagra

Shane Cassells

Ceist:

711. Deputy Shane Cassells asked the Minister for Employment Affairs and Social Protection the number of persons who availed of aural benefit through the treatment benefit scheme in 2018; and if she will make a statement on the matter. [6453/19]

Amharc ar fhreagra

Shane Cassells

Ceist:

712. Deputy Shane Cassells asked the Minister for Employment Affairs and Social Protection the number of persons eligible for dental benefit through the treatment benefit scheme in 2018; the percentage of eligible persons who availed of the scheme in 2018; and if she will make a statement on the matter. [6454/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 709 to 712, inclusive, together.

Qualification for treatment benefit (TB), which includes dental, optical and medical appliances (hearing aids), is based on the person having paid the required number of PRSI contributions since starting employment and also having the required number of contributions or credits in the relevant tax year. The number of contributions required to qualify varies with age.

Dependent spouse/partners of qualified persons can also qualify for the benefit.

It is estimated that 2.5m people currently pay or have paid the relevant PRSI classes that can qualify them and their dependent spouse for TB.

Applications for dental benefit in 2018 as a percentage of those potentially qualified were circa 32%.

The table below shows the number of TB applications processed, under each of the benefits (dental, optical and hearing aids), along with the amount paid in respect of these benefits in 2018:

Scheme

Number of applications awarded

Expenditure

Dental

804,375

€46.91m

Optical

451,249

€32.72m

Medical Appliance (hearing aids)

14,689

€12.74m

Total

1,270,313

€93.38m

Carer's Support Grant

Ceisteanna (713)

Bernard Durkan

Ceist:

713. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the decision to refuse a carer's support grant in the case of a person (details supplied) will be reviewed; if the appeal can be expedited in view of new medical evidence; and if she will make a statement on the matter. [6485/19]

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 the 9th 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.

Carer's Allowance Eligibility

Ceisteanna (714)

Jackie Cahill

Ceist:

714. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection the number of working hours allowable for a person to qualify for carer's allowance and-or benefit in 2003; the changes to the working hours allowable in the period up to 2018 of each; and if she will make a statement on the matter. [6493/19]

Amharc ar fhreagra

Freagraí scríofa

A primary qualifying condition for the Carer’s Allowance and Carer’s Benefit payments is that the applicant provides full-time care and attention to a person in need of such care. However, in order to support a carers continued attachment to the workforce and broader social inclusion, carers may engage in some limited employment, education or training, while still being regarded as being in a position to provide full-time care. During this time of employment, education or training, adequate provision must be made for the care of the relevant person.

In 2003, the number of hours per week that carers could engage in employment, education or training outside the home was 10. As part of Budget 2006, this was increased from 10 to 15 hours per week. There has been no further change since then.

Any further changes to this condition would need to be considered in a budgetary context and would also need to maintain a reasonable balance between the requirement to provide full-time care for the care recipient and the needs of the carer.

I trust that this clarifies the matter for the Deputy.

Carer's Support Grant

Ceisteanna (715)

Jackie Cahill

Ceist:

715. Deputy Jackie Cahill asked the Minister for Employment Affairs and Social Protection if the carer's respite grant is means-tested; and if she will make a statement on the matter. [6494/19]

Amharc ar fhreagra

Freagraí scríofa

The Carer’s Support Grant (formerly known as the Respite Care Grant) is an annual payment of €1,700 a year for each care recipient paid in a single lump sum with no requirement to satisfy a means test.

The grant is paid automatically to people in receipt of Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance or Prescribed Relative’s Allowance. Other people who are not in receipt of a social welfare payment but who are providing full time care and attention are also eligible and can apply for a standalone Carer’s Support Grant. The grant is paid annually on the first Thursday in June.

I hope this clarifies the matter for the Deputy.

Illness Benefit Payments

Ceisteanna (716)

Niamh Smyth

Ceist:

716. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be reviewed. [6502/19]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was paid Partial Capacity Benefit up to the 11th January 2019 at a rate of €99 per week. This amount is 50% of her Illness Benefit rate and is paid where a person's restriction on capacity to work is assessed as moderate. She is currently in receipt of Jobseeker's Benefit.

As the person concerned requested to be moved from Partial Capacity Benefit to Illness Benefit, the Department wrote to her on the 4th December 2018 requesting the information needed in order to process her claim and to increase her payment to the full Illness Benefit rate of €198 per week. The Department has not, to date, received the information sought.

In the meantime, the Department has used the medical certificates received from the person concerned to pay her the full Illness Benefit rate for the dates she was medically certified as unfit for work. However, she should still provide the information requested on 4th December 2018 in order to ensure that the full amount due to her has been issued.

I trust this clarifies the matter for the deputy.

Disability Allowance Eligibility

Ceisteanna (717)

Michael Healy-Rae

Ceist:

717. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if a refusal to grant a disability allowance to a person (details supplied) will be reviewed; and if she will make a statement on the matter. [6541/19]

Amharc ar fhreagra

Freagraí scríofa

Based on the evidence supplied in support of this person’s application, his application for disability allowance (DA) was disallowed on the grounds that the medical qualifying condition was not satisfied. The person in question was notified of this decision on 30 November 2011.

It is open to this gentleman to make a new application for DA and his eligibility will be examined taking all available evidence into account.

I trust this clarifies the matter for the deputy.

Ministerial Advisers Data

Ceisteanna (718)

Mattie McGrath

Ceist:

718. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection the number of advisers and special advisers employed by her Department in 2017 and 2018 and to date in 2019; the areas of expertise covered by such advisers; the annual salaries associated with same; and if she will make a statement on the matter. [6570/19]

Amharc ar fhreagra

Freagraí scríofa

Under Government guidelines I am permitted to appoint a maximum of two Special Advisors.

Since I took up my appointment as Minister for Employment Affairs and Social Protection, three special advisers have been employed by my Department. All my advisers have worked across a wide range of areas within the remit of the Department including Employment Law, Employment Supports and Activation, Pensions Policy and Social Protection.

The details of their employment and annual costs are set out in the below table:

Name

Role

Annual Salary

Start- End Date

Denise Duffy

Special Advisor to the Minister

€92,862

Jun-17 to Date

Alex Connolly

Special Advisor to the Minister

€107,109*

Oct-18 to Date

Gerry Mullins

Special Advisor to the Minister

€84,973

Oct-17 to Jul-18

*Mr. Connolly is on secondment from Fáilte Ireland for the duration of his appointment and retains his conditions of service from that Body.

Disability Allowance Eligibility

Ceisteanna (719)

Bernard Durkan

Ceist:

719. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the eligibility for a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [6586/19]

Amharc ar fhreagra

Freagraí scríofa

Entitlement to Disability Allowance (DA) is based on satisfying medical, means and residency conditions. The person must be between the age 16 and 66.

Medical eligibility for DA is assessed on a case by case basis and is determined by its severity, and resultant effects on activities of daily living and work-related activities. Eligibility is not based solely on diagnosis or treatment but rather is assessing the person’s eligibility for the relevant scheme in accordance with the relevant statutory conditions.

The person concerned has applied previously for DA and, based on the evidence provided, their application was disallowed on the grounds that they did not satisfy the medical condition for the payment. It is open to the person concerned to submit a new application for DA with any new medical evidence they may have and a deciding officer will make a decision on their entitlement.

I trust this clarifies the matter for the Deputy.

EU Regulations

Ceisteanna (720)

Willie O'Dea

Ceist:

720. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the details of recent media reports that Ireland is seeking an opt-out from proposals for an EU regulation regarding national ID cards and biometrics; the reason Ireland is seeking to opt out of measures at EU level that mirror measures being introduced at the national level with respect to the public services card; and if she will make a statement on the matter. [6621/19]

Amharc ar fhreagra

Freagraí scríofa

A Proposed Regulation on strengthening the security of ID cards and of residence documents was submitted by the Commission on 17 April 2018. Irish officials at the Permanent Representation in Brussels engaged extensively in discussions on the proposed Regulation to ensure that the institutions and EU Member States were fully informed about Ireland’s national law with regard to the areas covered by the proposed Regulation.

Ireland does not issue identity cards to its citizens and has no provision to do so under national law therefore the proposed Regulation does not apply to Ireland.

My Department has no plans to introduce any requirement for the fingerprinting of individuals as part of SAFE registration.

Appointments to State Boards

Ceisteanna (721)

Barry Cowen

Ceist:

721. Deputy Barry Cowen asked the Minister for Employment Affairs and Social Protection the number of boards or agencies her officials have been appointed to; if there are guidelines or protocols for members of staff being appointed to boards or agencies; if so, when they were last updated; and if she will make a statement on the matter. [6645/19]

Amharc ar fhreagra

Freagraí scríofa

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Low Pay Commission, the Pensions Authority, the Pensions Council and the Social Welfare Tribunal.

Officials from my Department have been appointed to the Boards of three of these bodies – the Citizens Information Board, the Pensions Authority and the Pensions Council. Appointments to the Boards of these bodies are made in accordance with the relevant governing legislation as well as the Guidelines on Appointments to State Boards (Department of Public Expenditure and Reform, November 2014).

Carer's Allowance Payments

Ceisteanna (722)

Róisín Shortall

Ceist:

722. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection if a person (details supplied) in Dublin 11 will receive the payments that she is owed without further delay. [6664/19]

Amharc ar fhreagra

Freagraí scríofa

As a result of an Appeals Officer’s decision, carer's allowance was awarded to the person concerned on 7 February 2019 with effect from 10 January 2019. The first payment will issue to her nominated post office on 14 February 2019.

Arrears for the period from 10 January 2019 to 13 February will also issue on 14 February 2019.

The person concerned was notified of the outcome on 7 February 2019.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Data

Ceisteanna (723)

Róisín Shortall

Ceist:

723. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 1113 of 15 January 2019, the steps she will take to reduce the number of incorrect decisions made by deciding officers when examining carer's allowance, disability allowance and domiciliary care allowance applications that necessitate appeals and prolong financial hardship for vulnerable applicants; and if she will make a statement on the matter. [6665/19]

Amharc ar fhreagra

Freagraí scríofa

Deciding Officers (DOs) are appointed under social welfare legislation to decide, among other things, whether a person is eligible to receive a social welfare payment or not. They make these decisions based on the evidence available to them at the time.

If a person is not satisfied with the decision of a DO, they can appeal that decision to the independent Social Welfare Appeals Office.

It is absolutely not the case that all successful appeals are as a result of an incorrect decision by a DO. In most cases, additional evidence may be made available to the Appeals Officer (AO) which was not available to the DO, or the appellant's circumstances may have changed since the DO made their decision.

This is especially true in the schemes that have a condition relating to disability or care requirements.

Work is ongoing within my Department on a number of fronts aimed at improving the quality of first-instance decision making, reducing the number of appeals being received and reducing the time taken within my Department to prepare the appeal submission. These include:

- Better information gathering at initial claim stage which leads to better decisions.

- Better explanation of the reasons for any decision in order to make it easier for customers to understand decisions and reduce unnecessary appeals.

- A significant programme of training for decision makers on all aspects of their decision making function.

- Social welfare forms are constantly being monitored to ensure that they capture the necessary information at claim stage.

- Significant resources have also been directed towards the training of deciding officers and appeals officers which, it is hoped, will reduce the number of appeals being received and will also impact positively on appeal processing times.

Finally, any person who experiences financial difficulties while awaiting a decision on an application or an appeal should contact their local Intreo Centre to see if they may be entitled to a means-tested supplementary welfare allowance payment.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Eligibility

Ceisteanna (724)

Brendan Smith

Ceist:

724. Deputy Brendan Smith asked the Minister for Employment Affairs and Social Protection the benefits available to a person who becomes unemployed and who had been paying class S PRSI contributions; and if she will make a statement on the matter. [6731/19]

Amharc ar fhreagra

Freagraí scríofa

The main social welfare schemes for people who are unemployed are the jobseeker’s allowance and benefit schemes which provide income support for people who have lost work and are unable to find alternative full-time employment. The 2019 Estimates for my Department provide for expenditure this year on the jobseeker’s schemes of €1.95 billion.

Jobseeker's allowance is a means tested payment which has always been available to all jobseekers including employees and those in self-employment. A person may qualify for jobseeker's allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Where self-employed people satisfy the appropriate means test and any other specific qualifying conditions, they have eligibility in the same way as employees. If a self-employed person is engaged in farming they may qualify for the means-tested farm assist payment which is currently paid to approximately 6,600 farmers.

The new scheme for the self-employed, which I announced as part of the 2019 Budget measures, will extend a PRSI insurance based benefit similar to jobseeker's benefit to the self-employed who pay class S contributions and who lose employment. This measure which will be introduced later this year builds on other significant improvements for the self-employed in recent years such as access to invalidity pension and treatment benefits. This measure is part of the Government’s stated aim of creating a supportive environment for entrepreneurship, including providing an income safety net to employees and the self-employed alike.

Applicants will have to satisfy the qualifying conditions for the new jobseeker’s benefit support including a PRSI contribution requirement. The specific details of this scheme are currently being examined as part of the legislative process.

I trust that this clarifies the matter for the Deputy.

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