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Thursday, 21 Feb 2019

Written Answers Nos. 186-204

Office of Public Works Expenditure

Ceisteanna (186)

Clare Daly

Ceist:

186. Deputy Clare Daly asked the Minister for Children and Youth Affairs the amount of money paid to a company (details supplied) for construction at Oberstown Children Detention Campus; and the amount spent on subsequent rectifying and replacement works in each year since September 2016 by amounts related to the original construction problems and those as a result of wilful damage. [8838/19]

Amharc ar fhreagra

Freagraí scríofa

The Office of Public Works (OPW) had oversight of the delivery of the capital project at Oberstown Children Detention Campus on behalf of my Department. As the OPW is the appropriate body to supply the information requested by the Deputy, I have requested same from that office. I will revert to the Deputy in due course.

Residential Institutions Redress Scheme

Ceisteanna (187, 188)

Clare Daly

Ceist:

187. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason she has refused to address the recommendation by the commission on mother and baby homes that a facility (details supplied) should have been included in the residential institutions redress scheme. [8841/19]

Amharc ar fhreagra

Clare Daly

Ceist:

188. Deputy Clare Daly asked the Minister for Children and Youth Affairs the way in which she plans to deal with the redress needs of the ageing mother and baby home survivors who told their stories to the commission in 2015 in view of the decision to extend the timescale of the commission by a further year. [8842/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 187 and 188 together.

When the Ryan Report was published in 2009 there were a number of calls for the Residential Institutions Redress Act to be extended to include additional institutions, including the Bethany Home.

As the Deputy will be aware, my colleague the Minister for Education and Skills is responsible for the Redress Act legislation and related arrangements and that the scheme has been closed to new applications since 2011. Eligibility for the scheme has been reviewed on a number of occasions and it has not been extended to any additional institution since 2005.

In its 2nd Interim Report the Commission suggested that eligibility for the Redress Scheme be re-examined. I raised this over a period of weeks with government colleagues. and the Attorney General. Subsequent to those discussions, the Government decided not to extend the scheme.

The Commission had made no findings to date regarding abuse or neglect, within Mother and Baby Homes, including the Bethany Home, and colleagues believed it would not be appropriate to deal with the question of redress in advance of any conclusions by the Commission.

At that time, the Government made a further decision that in light of the Commission's commentary, consideration would be given to provide supports to former residents.

It was on this basis that I established the Collaborative Forum of former residents, and Bethany Home survivors are represented in the membership. The Forum has produced a report that includes a series of recommendations on matters of priority to them and their families.

I will be bringing the report to Cabinet shortly to facilitate its detailed consideration by Government.

Child and Family Agency Services

Ceisteanna (189)

James Browne

Ceist:

189. Deputy James Browne asked the Minister for Children and Youth Affairs if funding will be provided to an organisation (details supplied) for additional child and adolescent psychotherapy under the gender and domestic violence programme of the organisation; and if she will make a statement on the matter. [8857/19]

Amharc ar fhreagra

Freagraí scríofa

Tusla, the Child and Family Agency, provides funding through its Domestic Sexual and Gender Based Violence (DSGBV) Programme to 16 organisations throughout the country that deliver counselling and support services to victims of sexual violence.

The organisation to which the Deputy refers is one of the 16 funded services for victims of sexual violence, and has received the following funding from Tusla since 2016.

2016

2017

2018

€210,800

€216,900

€221,300

This organisation provides counselling and other support services to young people aged 14 years and older, and to adult victims of sexual violence.

Tusla is commissioning a review of the current provision of therapeutic services by Tusla-funded organisations to young people, who have experienced sexual violence. The review is due to be completed this year and will inform Tusla's future commissioning of services for victims of sexual violence.

Tusla has advised that the organisation to which the Deputy refers has applied for additional funding to support its counselling work with older children. Tusla will consider this application with reference to the findings of its finalised review of therapeutic services provided to young people who have experienced sexual violence and within the limits of available resources.

Tusla will continue to work closely with service providers to support children and young people at risk and the effective functioning of families.

State Pension (Contributory) Eligibility

Ceisteanna (190)

Michael Healy-Rae

Ceist:

190. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if a matter (details supplied) regarding women's pensions will be addressed; and if she will make a statement on the matter. [8921/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy should note that the "Yearly Average" method of calculating entitlement to the contributory state pension has been in place since the introduction of that pension, then called the Old Age Contributory Pension, in 1961. As a single, comprehensive social insurance scheme was only introduced approximately 8 years previously, a system where people needed a set number of years contributions for a full pension, could not have been introduced, without it either (a) requiring very few contributions for the maximum rate contributory pension, or (b) no-one qualifying at the maximum rate for several decades.

Under the Yearly Average approach, people are paid a rate according to their rateband. For example, someone with 20 years contributions over a 48 year period would qualify at the 85% rate (if they do not qualify for a non-contributory pension at a higher rate of up to 95% instead). These ratebands have been adjusted a number of times over the decades, most recently in 2012 as an alternative to a reduction in the core rate of the pension, which I believe would be the change referred to by the Deputy.

Since 2010, it has been Government policy to replace the Yearly Average system with a Total Contributions Approach (TCA) to establishing the level of entitlement for all new state pension contributory claims from 2020 onwards (TCA2020).

In January 2018, I announced the Government Decision to introduce a new interim Total Contributions Approach (TCA) to the calculation of State Pension (Contributory) for pensioners born on or after 1 September 1946, who were awarded state pension (contributory) under the post 2012 rate bands. This approach, which includes generous provision for homecaring periods, will benefit many such pensioners, especially those who took time out of the workplace for caring purposes. The required primary legislative provisions are contained in the Social Welfare, Pensions and Civil Registration Act 2018, enacted on 24 December 2018. All the necessary regulatory and system changes have now been made to allow the increased payments to begin.

My Department is now reviewing the pension payments of approximately 91,000 pensioners who were awarded less than the maximum rate of pension since September 2012. Given the number of pensioners involved, this work will take a number of months to complete. The increased payments will also include arrears to the 30th March 2018, or the pensioner’s 66th birthday if later. The Department is using information it already has to complete these reviews. However, in quite a number of cases, additional information is required from the pensioners concerned about gap periods in their social insurance records and my Department will be in touch with each of those pensioners individually to get that information.

As regards the TCA model that will apply for all new pensioners post-2020, I launched a public consultation on the design of the full scheme on the 28th of May to which a wide variety of stakeholder groups were invited. A number of workshops were also held on the day to elicit views and feedback. All Oireachtas members were invited to a detailed briefing in Leinster House by my officials shortly afterwards. The consultation was open for over 3 months and the Department received almost 300 responses from individuals and organisations. Those submissions outlined the views of respondents on a number of issues, including the number of years required for a full pension, as intended as part of the consultation process.

I have recently been provided with an analysis of the views submitted in the consultation. Having considered this analysis, I intend bringing a proposal to Government shortly, setting out the proposed details of the scheme. When the Government has agreed the approach to be taken, I will initiate the work required to introduce this reform. I can confirm that the model will include provision for homecaring periods.

I hope this clarifies the matter for the Deputy.

Pension Provisions

Ceisteanna (191)

Darragh O'Brien

Ceist:

191. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the potential for small self-administered pensions to partner with the State to assist with the long-term lease scheme for social housing; if she has considered the impact that a the lack of derogation will have in this regard; and if she will make a statement on the matter. [8787/19]

Amharc ar fhreagra

Freagraí scríofa

Housing policy is a matter for the Minister for Housing, Planning and Local Government. Any questions or suggestions in relation to the long-term lease scheme for social housing should be directed to his Department.

Transposition of the IORP II Directive will support positive reform of the Irish funded occupational pension sector. Transposition will raise governance standards, improve trustee qualification and suitability, and increase supervision through enhanced powers for the Pensions Authority.

While the Directive provides for the possibility of derogation from specific Articles for smaller schemes, I believe that members of smaller schemes should get the same protections and oversight as members of large schemes. Money saved for pension purposes should be properly protected to ensure that people have adequate income for their retirement years. It should be noted that Member States must apply certain provisions concerning investment rules and the system of governance to schemes which have more than 15 members.

Article 19 of the Directive sets out the investment rules for occupational pension schemes. 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.

Small self-administered pensions may continue to invest in the Irish economy, including property, but their investments must be properly diversified to avoid excessive reliance on any particular asset and so minimise risk in the portfolio as a whole. Such diversification has been proven to reduce investment risk.

The value of investments held in many schemes fell substantially during the financial crisis. This emphasised the need for stricter regulation and greater protections, especially for small schemes investing in riskier unregulated markets. Concerns in relation to this sector are particularly around the protection of the consumer and the money they have invested, the riskiness of investments, the charges that apply, and the standard of governance. Accordingly, the Government has decided that the provisions of the Directive should apply to all funded occupational pension schemes.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory)

Ceisteanna (192)

Brendan Griffin

Ceist:

192. Deputy Brendan Griffin asked the Minister for Employment Affairs and Social Protection when payments will issue in respect of State pension (contributory) rate reviews; and if she will make a statement on the matter. [8816/19]

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.

Where possible, my Department will use information already held to assist in these reviews. Additional information will be requested in writing from pensioners in relation to unexplained gaps in their social insurance record where required to complete their review.

As the required legislative and system changes are now in place, I am pleased to let the Deputies know that the first reviews have been processed this week. Where an increase is awarded, the rate of payment will be adjusted without delay and backdated to 30 March 2018 or the person's 66th birthday if later. Where a pension rate does not increase as a result of this review, the person will continue to receive their existing rate of payment. No one will be worse off as a result of this review

Given the numbers involved, it will take my Department a number of months to complete the reviews and approximately 120 additional temporary staff have been recruited to help with this work.

I hope this clarifies the matter for the Deputy.

Carer's Allowance Payments

Ceisteanna (193)

Michael Fitzmaurice

Ceist:

193. Deputy Michael Fitzmaurice asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 618 of 18 December 2018, when a decision will issue in relation to a review of a carer's allowance application submitted in April 2018 by a person (details supplied); and if she will make a statement on the matter. [8855/19]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been in receipt of a half-rate carer's allowance (CA) since 13 August 2009 as her husband had been claiming an increase in his jobseeker allowance (JA) in respect of her.

Her husband's JA ceased on 5 April 2011 and has been in receipt of a state pension contributory (SPC) since 7 August 2015 without claiming an increase in respect of his wife.

Following a request from the person concerned, their entitlement to CA for the period 2011 to date was reviewed.

The outcome of the review is that they have been awarded full rate CA with effect from 8 October 2015.

For the period 7 April 2011 to 7 October 2015 their means meant that they were actually entitled to a lower rate of CA than they actually received, however, no overpayment is being assessed for this period.

Payment at the increased rate of CA will issue to their nominated post office on 21 February 2019, covering the week from 14 February 2019.

Arrears of allowance from 8 October 2015 to 13 February 2019 will issue shortly.

The person concerned was notified on 19 February 2019 of this outcome, the reason for it and of their right of review and appeal.

I hope this clarifies the matter for the Deputy.

Invalidity Pension Applications

Ceisteanna (194)

Tom Neville

Ceist:

194. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of an application for an invalidity pension by a person (details supplied); and if she will make a statement on the matter. [8858/19]

Amharc ar fhreagra

Freagraí scríofa

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 department received a claim for IP for the gentleman referred to on 04 December 2018. This claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied . He was notified on 18 February 2019 of this decision, the reasons for it and of his right of review and appeal.

I hope this clarifies the matter for the Deputy.

Personal Public Service Numbers

Ceisteanna (195)

Michael Healy-Rae

Ceist:

195. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if a matter regarding obtaining a PPS number will be addressed in the case of a person (details supplied); and if she will make a statement on the matter. [8884/19]

Amharc ar fhreagra

Freagraí scríofa

The legal requirements for the allocation of a Personal Public Service (PPS) Number are that a person satisfies the Minister as to his or her identity and also provides a reason as to why a PPS Number is required (i.e. to carry out a transaction with a specified body, a body specified in legislation as authorised to use PPS Numbers).

Information regarding PPS Numbers are available on the Department's website here: http://www.welfare.ie/en/Pages/PPSN.aspx

The person concerned should attend his PPS Number allocation office and provide whatever evidence he has as to his identity. If there is insufficient evidence presented for that office to allocate a PPS Number, then the case can then be forwarded to the Department's Client Identity Services Unit for further consideration. A UK driver's licence is acceptable evidence of identity should he hold one.

I trust this clarifies the matter for the Deputy.

JobPath Programme

Ceisteanna (196)

Richard Boyd Barrett

Ceist:

196. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if unemployed persons are required to engage with Turas Nua or Seetec in order to avoid a cut in welfare payments in view of the recent motion on JobPath passing in Dáil Éireann; and if she will make a statement on the matter. [8902/19]

Amharc ar fhreagra

Freagraí scríofa

The Government's position on the recent motion debated in the House on the JobPath service was clearly set out in my contribution at the time. I note the views of the House on the matter, however, the position of the Government remains unchanged. My Department has entered into legally binding agreements with the JobPath providers and the Government will honour these contractual commitments. I will reiterate again that JobPath service performance recorded and published by the Department exceeds contracted target levels, that creditable large scale customer research - also published by the Department - shows very high levels of customer satisfaction and that complaint levels are very low.

The Department also operates a robust inspection and compliance system and a detailed report from the Comptroller and Auditor General found made no recommendations in regard to how the service is governed.

The Department will shortly publish the results of an econometric evaluation of the service which will further indicate that the outcomes for participating jobseekers both in terms of employment and earnings are better than those of non-participants. Compared to this body of evidence I note the criticisms of the service are based on anecdote or very small scale research which would not be considered as reliable evidence in any serious evaluation of the service. I previously asked Deputies to forward me examples of cases that they believed substantiated the criticisms of the service. Since the debate on the private members motion I was provided with just one example of a person who expressed dissatisfaction with the service. This case is being reviewed but the nature of the complaint does not differ greatly from representations which are occasionally received in respect of other activation services including the Department's own Intreo service. It is certainly not suggestive of any widespread or systemic issues with the service, over and above that that would be expected in a service that has now served over 200,000 people. I am therefore satisfied that the proper course of action is to continue with the service in order to support long term unemployed jobseekers.

Personal Public Service Numbers

Ceisteanna (197)

Michael McGrath

Ceist:

197. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection if a PPS number will be issued to a person (details supplied) in County Cork; and if she will make a statement on the matter. [8909/19]

Amharc ar fhreagra

Freagraí scríofa

The legal requirements for a Personal Public Service (PPS) Number to be allocated are that the person satisfies the Minister as to his or her identity and provides evidence as to why a PPS Number is required (i.e. to carry out a transaction with a specified body, a body specified in legislation as authorised to use PPS Numbers).

The person concerned has attended her local PPS Number allocation centre but did not, at that time, provide a valid reason to have a PPS Number allocated. She has been contacted and asked to bring in the evidence now available so that a PPS Number can be allocated to her.

I trust that this clarifies the matter for the Deputy.

Bus Services

Ceisteanna (198)

Kathleen Funchion

Ceist:

198. Deputy Kathleen Funchion asked the Minister for Employment Affairs and Social Protection her plans to ensure a community funded bus service (details supplied) will not cease operation in September 2019; and if she will make a statement on the matter. [8915/19]

Amharc ar fhreagra

Freagraí scríofa

I note that the bus operator concerned continues to receive funding from the National Transport Authority for the provision of this service and also receives support from my Department under the Community Employment scheme.

The local Intreo service has also offered its support in recruiting bus drivers and to liaise with the local Education and Training Board in relation to any potential training needs.

I trust that this clarifies the matter for the Deputy.

Disability Allowance Appeals

Ceisteanna (199)

Martin Heydon

Ceist:

199. Deputy Martin Heydon asked the Minister for Employment Affairs and Social Protection if a disability allowance appeal by a person (details supplied) in County Kildare will be processed; and if she will make a statement on the matter. [8933/19]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Social Welfare Appeals Office that an appeal was registered on 29th January 2019 and, in accordance with the statutory requirements, the Appeals Office has contacted the person concerned and asked them to set out the complete grounds of the appeal. On receipt of this response the relevant departmental papers will be requested from the Department of Employment Affairs and Social Protection and the appeal will then be referred in due course to an Appeals Officer for consideration.

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.

Jobseeker's Allowance Eligibility

Ceisteanna (200)

Bernard Durkan

Ceist:

200. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the position in regard to payment of jobseeker's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [8944/19]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has not had an active claim with my department since May 2017. The person concerned made a new claim for Jobseekers Allowance (JA) in March 2018. The Social Welfare Inspector requested additional information from the person concerned to support their application.

As this information was not supplied, the application was disallowed as the person concerned had failed to show that their means was less than the weekly rate of JA payable appropriate to their circumstances. The person concerned was informed of this decision in June 2018 and there has been no further communication from them to my department since.

I hope this clarifies the matter for the Deputy.

State Pension (Contributory) Eligibility

Ceisteanna (201)

Bernard Durkan

Ceist:

201. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a review of entitlement to a State pension will be undertaken in the case of a person (details supplied); and if she will make a statement on the matter. [8945/19]

Amharc ar fhreagra

Freagraí scríofa

One of the qualifying conditions for state pension (contributory) is that the applicant must have at least 520 paid full-rate social insurance contributions before their 66th birthday.

An application for state pension (contributory) from the person concerned was disallowed on 20 November 2017, based on a total of 170 full rate contributions, covering their working life from May 1967 to end-December 2016.

The person was notified in writing of their pension decision on 20 November 2017. Attached to that letter was a copy of their contribution record, as held by my Department and upon which their pension decision was calculated.

If the person considers that they have additional contributions or credits that have not been recorded, they should forward documentary evidence to my Department, Client Eligibility Services, Buncrana Intreo Centre, McCarter's Road, Ardarvan, Buncrana, Co. Donegal, and their pension entitlement will be reviewed.

I hope this clarifies the matter for the Deputy.

Back to Work Allowance Applications

Ceisteanna (202)

Bernard Durkan

Ceist:

202. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if a back to work enterprise allowance will issue in the case of a person (details supplied); and if she will make a statement on the matter. [8946/19]

Amharc ar fhreagra

Freagraí scríofa

The person concerned registered a company on 3rd November 2011 and subsequently deregistered same on 30th October 2014.

The person concerned applied for Back to Work Enterprise Allowance (BTWEA) on 13th July 2018 and a decision on the application issued on 23rd September 2018. I understand from my Department that the application was not successful as the business was not a new enterprise.

I trust that this clarifies the matter for the Deputy.

Disability Allowance Eligibility

Ceisteanna (203)

Bernard Durkan

Ceist:

203. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a disability allowance will issue in the case of a person (details supplied); and if she will make a statement on the matter. [8948/19]

Amharc ar fhreagra

Freagraí scríofa

Disability allowance (DA) is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

Entitlement to DA can only be established on receipt of a completed application form. To date no application for DA has been received from the person concerned.

I trust this clarifies the matter for the Deputy.

Social Welfare Overpayments

Ceisteanna (204)

Bernard Durkan

Ceist:

204. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the way in which it is expected to recover an alleged overpayment in the case of a person (details supplied) without causing undue hardship to the family; if this parliamentary question will be accepted as an appeal against the decision; and if she will make a statement on the matter. [8949/19]

Amharc ar fhreagra

Freagraí scríofa

Working Family Payment (WFP) formerly Family Income Supplement is a weekly in-work support,which provides an income top-up for employees on low earnings with children.

Based on the information provided by the person concerned, their WFP was renewed from 20 September 2018.

Their file was referred to a Social Welfare Inspector to review the declared self-employment income and following an investigation it was established that the correct rate of WFP was €43 a week. My Department wrote to the person concerned on 4 February 2019 to advise her of this but received no reply.

This lady will will be contacted by officials from my Department who will outline a proposed method for recovery of the overpayment which has arisen. If the overpayment recovery proposed is not manageable for the customer she can liaise with my officials to negotiate an affordable payment recovery plan.

Should she wish to appeal the decision which has been made, she must do so in writing to The Social Welfare Appeals Office, D'Olier House, D'Olier Street, Dublin 2.

I trust this clarifies the matter.

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