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Tuesday, 14 May 2019

Written Answers Nos. 460-473

Departmental Advertising Expenditure

Ceisteanna (460)

Michael McGrath

Ceist:

460. Deputy Michael McGrath asked the Minister for Rural and Community Development the costs incurred by his Department in respect of advertising in all forms to date in 2019, in tabular form; and if he will make a statement on the matter. [21126/19]

Amharc ar fhreagra

Freagraí scríofa

The table provides details of advertising spend by my Department to date in 2019

Advertising Spend

Item

Amount

Online promotion of Rural Opportunity video

€3,463.71

Placement of notices in relation to Walks Scheme

€4,801.64

Total DRCD advertising expenditure to date in 2019

€8,265.35

Illness Benefit Eligibility

Ceisteanna (461)

Michael Healy-Rae

Ceist:

461. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the reason a payment ceased for a person (details supplied); and if she will make a statement on the matter. [20309/19]

Amharc ar fhreagra

Freagraí scríofa

Illness benefit is paid for a maximum of 2 years or 624 claim paid days.

The person concerned exhausted her entitlement to an Illness Benefit payment on the 5th September 2018. A letter issued to her on the 3rd July 2018 advising her that her entitlement to the payment was about to exhaust and explaining the position in detail to her.

In order to requalify for Illness Benefit the person concerned would need to have paid an additional 13 reckonable social insurance contributions after the 5th September 2018.

The person concerned is currently in receipt of Jobseeker's Benefit.

I trust this clarifies the matter for the Deputy.

Disability Allowance Payments

Ceisteanna (462)

Willie O'Dea

Ceist:

462. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when arrears will issue relating to a disability allowance claim by a person (details supplied); and if she will make a statement on the matter. [20325/19]

Amharc ar fhreagra

Freagraí scríofa

Following a successful appeal, this lady has been awarded disability allowance (DA) with effect from 18 April 2018. The first payment was made by her chosen payment method on 20 March 2019.

Arrears of payment due, which include the Christmas Bonus, have issued to the person concerned on 7 May 2019.

I trust this clarifies the matter for the Deputy.

Free Travel Scheme

Ceisteanna (463)

Jack Chambers

Ceist:

463. Deputy Jack Chambers asked the Minister for Employment Affairs and Social Protection her plans to extend the free travel pass to persons who are the recipient of the care provided by another person in receipt of carer’s benefit; and if she will make a statement on the matter. [20354/19]

Amharc ar fhreagra

Freagraí scríofa

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are currently over 939,000 customers with direct eligibility. Following Budget 2019 the funding for the free travel scheme was increased by €5 million to a total of €95 million.

The social welfare payments that allow persons aged under 66 to a free travel pass include disability allowance, invalidity pension, carer’s allowance, and partial capacity benefit. While medical evidence will be required to determine eligibility for these schemes, it does not, of itself, entitle a person to free travel. Only in the case of a person who satisfies the blindness condition for the blind pension does medical evidence entitle them to a free travel pass.

A person in receipt of all the other qualifying payments receives the pass on the basis of the primary benefit they are paid, and not on the basis of their underlying medical condition, or because they need the help of a carer.

If the free travel scheme was to be extended to all people who are recipients of care by another person in receipt of carers benefit, regardless of whether they receive a qualifying payment, it would have significant costs and require additional administrative processes to be put in place. Accordingly, it could only be considered in the context of overall budgetary negotiations.

Under the supplementary welfare allowance scheme (SWA) the Department of Employment Affairs and Social Protection may award a travel supplement in any case where the circumstances of the case so warrant. The supplement is intended to assist with ongoing or recurring travel costs that cannot be met from the client’s own resources and are deemed to be necessary. Every decision is based on consideration of the circumstances of the case, taking account of the nature and extent of the need and of the resources of the person concerned.

I hope this clarifies the matter for the Deputy.

State Pensions Payments

Ceisteanna (464)

Peter Burke

Ceist:

464. Deputy Peter Burke asked the Minister for Employment Affairs and Social Protection if a person (details supplied) will see a change in pension payment in view of new rules; and if she will make a statement on the matter. [20371/19]

Amharc ar fhreagra

Freagraí scríofa

Since late September 2018, my Department has been examining the social insurance records of approximately 90,000 pensioners, born on or after 1 September 1946, who have a reduced rate State pension contributory entitlement based on post Budget 2012 rate-bands. These payments are being reviewed under a new Total Contributions Approach (TCA) pension calculation which includes provision for HomeCaring periods.

An examination of the social insurance record of the person concerned shows some unexplained gaps. A request for information about time spent out of the workforce for parenting or caring reasons has been sent to the person concerned. Included in the letter are details of how to return the required information using the Department’s online services. This is the quickest and easiest way to provide the information required to complete the person's review. The letter also provides a dedicated helpline to support and assist the person making their online application, or to request a paper application.

On receipt of the requested information, the person’s state pension (contributory) rate will be reviewed and they will be informed of the outcome in writing. If an increase is due, it will be backdated to 12 November 2018, the date they reached pension age. If no increase is due following the review, the person will continue to receive their existing rate of payment.

I hope this clarifies the matter for the Deputy.

Illness Benefit Payments

Ceisteanna (465)

Brendan Howlin

Ceist:

465. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the reason illness benefit was ceased in the case of a person (details supplied); and if she will make a statement on the matter. [20373/19]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is currently in receipt of an Illness Benefit payment at a rate of €271 per week.

The person concerned was paid Supplementary Welfare Allowance to the 17th April 2019. This payment ceased on award of Illness Benefit.

The Illness Benefit claim from the person concerned has been paid up to date and he is medically certified as unfit for work until the 15th August 2019.

I trust this clarifies the matter for the Deputy.

Carer's Allowance Applications

Ceisteanna (466)

Michael Healy-Rae

Ceist:

466. 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. [20384/19]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I confirm that my department received an application for CA from the person concerned on 25 June 2018.

Domiciliary Care Allowance (DCA) is a monthly payment for a child aged under 16 with a severe disability, who requires on-going care and attention, substantially over and above the care and attention usually required by a child of the same age.

DCA must be in payment in order for a care provider to be eligible for CA in respect of a care recipient under 16. As DCA was not in payment in respect of the care recipient a deciding officer decided that the person concerned was not entitled to CA.

The person concerned was notified on 1 November 2018 of this decision, the reason for it and of her right of review and appeal. The person concerned requested a review of this decision.

As DCA has now been awarded in respect of the care recipient, CA was awarded to the person concerned on 7 May 2019 with effect from 5 April 2018 and the first payment will issue to her nominated post office on 16 May 2019.

Arrears of allowance due from 5 April 2018 to 15 May 2019 will also issue shortly.

The person concerned was notified on 7 May 2019 of the revised decision, the reason for it and of her right of review and appeal.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals Data

Ceisteanna (467)

Paul Murphy

Ceist:

467. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection if the social welfare appeals office will release details of the test cases that it uses in terms of the determination of bogus self-employment; if it will release the legal advice on the use of test cases; and if she will make a statement on the matter. [20390/19]

Amharc ar fhreagra

Freagraí scríofa

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 and insurability of employment.

The Chief Appeals Officer has advised me that occasionally, and usually where a number of workers engaged by the same employer are concerned and have individually submitted an appeal, she is asked to make decisions on a ‘sample’ number of cases. The Chief Appeals Officer has agreed to this approach in very limited circumstances and only with the agreement of both the employer and the workers concerned. However, it should be noted that each worker is entitled to an individual decision on their appeal and the approach cannot compromise the integrity of the appeal process or deny an interested party the opportunity of having any evidence particular to their appeal being considered by an Appeals Officer.

The Chief Appeals Officer has also advised that all appeals are determined on a case by case basis and on the particular facts of each appeal. While appeal decisions do not themselves create precedents, the Office endeavours to be consistent in its decision making and strives to ensure that the same conclusion is reached in cases that are based on the same or similar factual circumstances. In the case of appeals on the insurability of employment consistency is achieved by applying the precedents emerging from the case-law of the Courts and which are reflected in the Code of Practice for Determining Employment and Self-Employment Status of Individuals

The Chief Appeals Officer is required to make an annual report to the Minister on the activities of the Social Welfare Appeals Office in the previous year. Chapter 4 of the report for 2015 provides information on how the Office considers and determines insurability of employment appeals, including the case law context. https://www.socialwelfareappeals.ie/uploads/annrep15.pdf

As legal advice provided to the Social Welfare Appeals Office is confidential and privileged it is not proposed to release any legal advice received in relation to this matter.

Carer's Benefit Applications

Ceisteanna (468)

Michael Healy-Rae

Ceist:

468. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for carer's benefit by a person (details supplied); and if she will make a statement on the matter. [20405/19]

Amharc ar fhreagra

Freagraí scríofa

Carer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a child or an adult in need of full-time care and attention. An increased payment can be made where full-time care is being provided to two people.

Before a decision can be made on entitlement to CARB, evidence must be provided in respect of the care recipient’s care requirement, the level of care the carer provides, the carer’s hours of employment and their PRSI record.

An application for CARB was received from the person concerned on 5 February 2019.

Additional information in relation to the person’s employment and the level of care provided was requested by a deciding officer on 22 March 2019.

The person concerned did not provide documents that were requested. Therefore her application for CARB was disallowed.

The person concerned was notified on 7 May 2019 of this decision, the reasons for it and of her right of review and appeal.

Carer's Allowance Appeals

Ceisteanna (469)

Michael Healy-Rae

Ceist:

469. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a review in the case of a person (details supplied); and if she will make a statement on the matter. [20406/19]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance 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.

My Department received an application for carer’s allowance (CA) from the person concerned on 8 January 2019.

The evidence submitted in support of this application was examined and the deciding officer decided that although a certain level of care was being provided the level involved did not amount to full-time care.

The person concerned was notified on 11 February 2019 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested a review of this decision and submitted additional evidence in support of their application.

Following a review of this information, CA was awarded to the person concerned on 7 May 2019, with effect from 7 March 2019 and the first payment will issue to her nominated post office on 16 May 2019.

Arrears for the period 7 March 2019 to 15 May 2019 will issue shortly.

I hope this clarifies the matter for the Deputy.

Disability Allowance Appeals

Ceisteanna (470)

Eamon Scanlon

Ceist:

470. Deputy Eamon Scanlon asked the Minister for Employment Affairs and Social Protection the status of a disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [20408/19]

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 25th April 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 Appeals

Ceisteanna (471)

John McGuinness

Ceist:

471. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection if an invalidity pension will be approved for a person (details supplied). [20410/19]

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 13 September 2018.

His claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 13 March 2019 of this decision, the reasons for it and of his right of review and appeal.

He requested a review of this decision and submitted further medical evidence in support of his request. Following a review of all the information available it has been decided that there is no change to the original decision. He was notified on 13 May 2019 of the outcome of the review.

I trust this clarifies the matter for the Deputy.

Carer's Benefit Applications

Ceisteanna (472)

James Browne

Ceist:

472. Deputy James Browne asked the Minister for Employment Affairs and Social Protection if priority consideration will be given to a carer's benefit application by a person (details supplied); and if she will make a statement on the matter. [20421/19]

Amharc ar fhreagra

Freagraí scríofa

Carer's benefit (CARB) is a payment made to insured people who leave the workforce to care for a child or an adult in need of full-time care and attention. An increased payment can be made where full-time care is being provided to two people.

My department received an application for CARB from the person concerned on 18 April 2019.

This application will be processed as quickly as possible and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (473)

Aengus Ó Snodaigh

Ceist:

473. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the status of an appeal in the case of a person (details supplied). [20422/19]

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 21st March 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.

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