Written Answers Nos. 238-257
238. Deputy Michael Healy-Rae 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. [48322/19]
Amharc ar fhreagraThe person referred to by the Deputy (details supplied) was medically assessed for eligibility for Occupational Injuries Benefit by one of the Department's Medical Assessors on 1st February 2019 at which the Medical Assessor determined that the medical evidence indicated the person was capable of other lighter category work. The case was reviewed on 30th July 2019 at which a different Medical Assessor in the Department having reviewed all current and previous available medical evidence, determined the person was still not incapacitated from all categories of work.
I am advised that in assessing the claim, the Medical Assessors have cognisance of the occupation of the client as Kitchen Hygiene Manager/Kitchen Porter Supervisor and agree with the Occupational Health Physician that the current job is not suitable for the person in view of his medical condition, however, the medical condition should not preclude the client from other lighter categories of work within the organisation.
In regards to the medical appointment, the amount of time given by a Medical Assessor to a customer at an assessment in-person may vary from case to case, depending on the volume of medical evidence to be assessed and the level of complexity involved with the case. The case was reviewed by the Chief Medical Officer and given the volume, content and detail in the Medical Assessor’s report of the 1st February 2019, I am advised that it is unlikely that the case could have been completed in 10 minutes.
I hope this clarifies the queries for the Deputy.
239. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of allowances for a person (details supplied); and if she will make a statement on the matter. [48329/19]
Amharc ar fhreagraAs the person concerned is in receipt of Disability Allowance, he may have an entitlement to the Household Benefits Package. An application form has been issued to the person concerned for completion.
On return, the person's eligibility for the Household Benefits Package will be examined and the person will be notified of the outcome.
I hope this clarifies the matter for the Deputy.
240. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the status of an application for a disability allowance in respect of a person (details supplied); and if she will make a statement on the matter. [48330/19]
Amharc ar fhreagraI confirm that my department received an application for disability allowance from this lady on 21 October 2019. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
241. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) in County Cork is in receipt of a reduced rated of illness benefit. [48343/19]
Amharc ar fhreagraThe Person concerned is in receipt of Illness Benefit at the graduated rate of €91.00 per week.
The rate of payment depends on the person's level of earnings in the relevant tax year, in this case the relevant tax year is 2017. Where the average weekly earnings are less than €300 per year a graduated rate applies. This person's earning's in 2017 were €0.00.
I hope this clarifies the matter for the Deputy.
242. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the average monthly rent supplement payment for each quarter of 2019 to date; the average monthly rent supplement payment for each county; the number of recipients by county for each quarter of 2019 to date, in tabular form; and if she will make a statement on the matter. [48347/19]
Amharc ar fhreagraRent supplement continues its vital role in supporting families and individuals in private rented accommodation, with the scheme supporting approximately 17,680 recipients for which the Government has provided €132.4 million for 2019.
In recognition of the on-going rental market difficulties, the Department continues to implement a targeted case-by-case flexible payment policy approach that allows for flexibility where landlords seek rents in excess of the rent limits. To date, in excess of 14,200 cases have been provided additional flexible payment arrangements, having received support in excess of the prevailing rent limits.
Statistics in relation to average payments and the number of recipients supported by the scheme by County are provided in the following tabular statements:
|
Quarter |
No. of Recipients |
Average Monthly Rent Supplement |
|
Q1 2019 |
21,959 |
€515.60 |
|
Q2 2019 |
20,156 |
€516.71 |
|
Q3 2019 |
18,265 |
€521.54 |
|
County |
Average Monthly Rent Supplement Q3 2019 |
|
CARLOW |
€350.14 |
|
CAVAN |
€314.47 |
|
CLARE |
€308.26 |
|
CORK |
€450.49 |
|
DONEGAL |
€227.57 |
|
DUBLIN |
€634.17 |
|
GALWAY |
€382.04 |
|
KERRY |
€287.85 |
|
KILDARE |
€508.44 |
|
KILKENNY |
€380.46 |
|
LAOIS |
€429.63 |
|
LEITRIM |
€216.08 |
|
LIMERICK |
€365.20 |
|
LONGFORD |
€291.38 |
|
LOUTH |
€378.62 |
|
MAYO |
€243.87 |
|
MEATH |
€479.51 |
|
MONAGHAN |
€170.75 |
|
OFFALY |
€252.08 |
|
ROSCOMMON |
€277.28 |
|
SLIGO |
€254.85 |
|
TIPPERARY |
€275.10 |
|
WATERFORD |
€261.18 |
|
WESTMEATH |
€370.46 |
|
WEXFORD |
€327.53 |
|
WICKLOW |
€527.11 |
Rent Supplement Recipients by County Q1- Q3 2019
|
County |
No. of Recipients at the end of Q1 2019 |
No. of Recipients at the end of Q2 2019 |
No. of Recipients at the end of Q3 2019 |
|
CARLOW |
201 |
174 |
149 |
|
CAVAN |
181 |
171 |
157 |
|
CLARE |
98 |
71 |
63 |
|
CORK |
2,573 |
2,466 |
2,255 |
|
DONEGAL |
82 |
84 |
72 |
|
DUBLIN |
11,381 |
10,526 |
9,627 |
|
GALWAY |
1,011 |
905 |
822 |
|
KERRY |
726 |
690 |
647 |
|
KILDARE |
981 |
934 |
861 |
|
KILKENNY |
110 |
95 |
88 |
|
LAOIS |
207 |
165 |
128 |
|
LEITRIM |
74 |
65 |
58 |
|
LIMERICK |
448 |
412 |
386 |
|
LONGFORD |
109 |
76 |
66 |
|
LOUTH |
177 |
142 |
123 |
|
MAYO |
324 |
289 |
276 |
|
MEATH |
243 |
200 |
163 |
|
MONAGHAN |
106 |
102 |
108 |
|
OFFALY |
71 |
64 |
60 |
|
ROSCOMMON |
207 |
180 |
151 |
|
SLIGO |
72 |
67 |
66 |
|
TIPPERARY |
225 |
220 |
188 |
|
WATERFORD |
117 |
100 |
89 |
|
WESTMEATH |
571 |
507 |
450 |
|
WEXFORD |
683 |
572 |
486 |
|
WICKLOW |
981 |
879 |
726 |
|
Grand Total |
21,959 |
20,156 |
18,265 |
243. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance for a person (details supplied); and if she will make a statement on the matter. [48360/19]
Amharc ar fhreagraCarer'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 carer’s allowance (CA) from the person concerned on 21 August 2019.
The application was awarded to the person concerned on 7 November 2019 and the first payment issued to his nominated bank account on 14 November 2019.
Arrears of allowance due from 22 August 2019 to 13 November 2019 also issued to his nominated bank account on 14 November 2019.
The person concerned was notified on 7 November 2019 of this decision, the reason for it and of his right of review and appeal.
I hope this clarifies the matter for the Deputy.
244. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance for a person (details supplied); and if she will make a statement on the matter. [48362/19]
Amharc ar fhreagraCarer'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.
An application for carer’s allowance (CA) from the person concerned on 23 July 2019, in respect of two care recipients.
In the case of the first care recipient, the application was awarded to the person concerned on 19 November 2019 and the first payment will issue to his nominated Post Office on 5 December 2019.
Arrears of allowance due from 25 July 2019 to 4 December 2019 will issue shortly.
In the case of the second care recipient, it is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer concluded that the evidence did not indicate the requirement for full-time care was satisfied for the second care recipient.
The person concerned was notified on 19 November 2019 of these decisions, the reasons for them and of his right of review and appeal.
I hope this clarifies the matter for the Deputy.
245. Deputy Dara Calleary asked the Minister for Employment Affairs and Social Protection the plans in place for persons that have to retire at 65 years of age but cannot receive the pension until they are 67 years of age. [48363/19]
Amharc ar fhreagraThe rationale for the increase in the pension age is twofold, first to recognise that due to improvements in health and work conditions people have the capacity and the desire to work beyond what would traditionally have been seen as a retirement age. Second, as life expectancy increases, to help maintain the sustainability of our pensions system. In order to provide for sustainable pensions and to facilitate a longer working life, legislation passed in 2011 provides for an increase in the State pension age in three separate stages. In 2014, the State pension age was standardised at 66. This will be increased to 67 in 2021 and 68 in 2028. Many other EU/OECD countries are making similar provisions. The Roadmap for Pensions Reform 2018-2023 has stated that future changes in State pension age after 2035 will be based on research into life expectancy.
This sustainability is vital, if the current workers, who fund State pension payments through their PRSI, are to receive a pension themselves when they reach retirement age.
In most cases, it is hoped that workers will continue to work up to State pension age, and so the question of claiming a social protection payment would not arise. Where this is not possible and a person ceases their employment before reaching State pension age, they may if they do not find alternative employment apply for either the jobseeker’s benefit or jobseeker’s allowance schemes. Jobseeker’s payments are currently paid to eligible jobseekers aged 18 to 66 years subject to the person satisfying the general scheme conditions. Social Welfare legislation states that jobseeker payments may be made until the person reaches pensionable age provided they satisfy the necessary contribution conditions.
It is important to note that there is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers. While such a contract may have been entered into with a retirement age of 65, in the context of the previous State pension arrangements, there is no legal impediment to the employer and employee agreeing to increase the duration of employment for one or more years, if both parties wish to do so. In this regard, the Workplace Relations Commission has produced a Code of Practice on Longer Working and the Irish Human Rights and Equality Commission (IHREC) has published guidance material for employers on the use of fixed-term contracts beyond normal retirement age.
I hope this clarifies the matter for the Deputy.
246. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 303 of 24 October 2019, the number of the women in receipt of the State pension (contributory) based on pre-September 2012 bands that are not in the highest band that would have qualified for a higher band if they could be assessed under the homemakers' scheme or the home carers’ scheme; the number of the 23,822 women listed in the highest band of the current State pension (contributory) based on pre September 2012 bands that include the 10,808 women that fall within the invalidity saver cases; and if she will make a statement on the matter. [48384/19]
Amharc ar fhreagraThe Homemakers Scheme was introduced on 6 April 1994 to make qualification for state pension (contributory) easier for a claimant who took time out of the workforce for caring duties. It allows up to 20 years (since 1994) spent caring for children under 12 years of age or for an incapacitated person(s) to be disregarded in calculating a person's yearly average number of contributions and credits, and for homemaker credits to be awarded for homemaking periods of less than a full contribution year.
In January 2018, HomeCaring Periods were introduced as part of the interim total contributions approach (TCA) to the calculation of pension entitlement for those state pension (contributory) customers born on or after 1 September 1946 and in receipt of pension on post-2012 Budget rates. The TCA provides for up to 20 years of home caring periods in that pension entitlement calculation for applicants who took time out of the workplace for parenting or caring duties. I am advised that it is unknown how many on pre 2012 reduced rates would qualify for a higher rate under the TCA. These claims were not reviewed as they were not affected by the 2012 Budget changes.
According to the most recent records of my Department, 39,557 women are in receipt of state pension (contributory) under the pre-Budget 2012 rate bands at less than the maximum rate of pension. Of these, 707 women could not have benefited from the Homemakers Scheme as they were pension age before the introduction of the scheme in 1994. The provisions of the Homemakers Scheme would have been applied in processing the remaining claims if the persons concerned had advised of their caring duties in their application. It should be noted, however, that while a person’s yearly average may increase under the provisions of the Homemakers Scheme, it may still remain within the same rate band and thus may not result in an increase in pension.
The 23,833 women on the maximum rate of state pension (contributory) are those who have been assessed with a yearly average of 48 contributions or over. The 10,808 who were in receipt of Invalidity Pension at maximum rate prior to their 66th birthday and who automatically transferred to the maximum rate of State pension (contributory) on reaching pension age are not included in the figure of 23,833.
I hope this clarifies the matter for the Deputy.
247. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if parents of a child must be engaged in civil partnership and-or married to avail of parent benefit (details supplied); if couples that cohabit are also entitled to parent benefit in respect of children they may have following the introduction of the scheme; and if she will make a statement on the matter. [48396/19]
Amharc ar fhreagraParent’s benefit is available for all parents of new babies born or children adopted from 1st November 2019 to care for their child. This benefit is family-friendly and flexible, allowing parents to take leave for one week or two at a time. Each parent will be able to take the new paid leave any time during their child’s first year. This is in addition to existing maternity, adoptive and paternity benefits.
The benefit is available to a parent or adopting parent of a child including their spouse, civil partner or cohabitant as the case may be.
I trust this clarifies the matter for the Deputy.
248. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 633 of 22 January 2019, if she will provide a further update in relation to the proposed changes of the pension scheme in 2020; and if she will make a statement on the matter. [48398/19]
Amharc ar fhreagraThe introduction of a Total Contributions Approach (TCA) to establish the level of entitlement for all new state pension contributory claims was signalled by the then Government in the National Pensions Framework in 2010.
Consultation is a very important part of the development and design of the new pension. With this in mind, I launched a public consultation on the design of the TCA on the 28th of May 2018 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.
Shortly afterwards, Oireachtas members were invited to a detailed briefing by my officials in Leinster House. The consultation was open for over three months and the Department received almost 300 responses from individuals and organisations. Those submissions outlined the views of respondents on the issues of most interest to them.
Having carefully examined the outputs of the consultation process, my Department is now designing the scheme and I intend to bring a proposal to Government setting out that design in the near future. When the Government has agreed the approach to be taken, I will initiate the work required to introduce this reform.
I hope this clarifies the matter for the Deputy.
249. Deputy Tom Neville 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. [48407/19]
Amharc ar fhreagraFollowing a successful appeal, this gentleman has been awarded disability allowance (DA) with effect from 17 April 2019. The first payment will be made by his chosen payment method on 11 December 2019.
Arrears of payment due, will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments (if applicable).
I trust this clarifies the matter for the Deputy.
250. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection when a decision will issue on an invalidity pension application by a person (details supplied) in view of the fact that the application was received by his Department on 1 March 2019; and if she will make a statement on the matter. [48410/19]
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.
To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date for their claim.
The department received a claim for IP for the gentleman concerned on 01 March 2019. The claim was disallowed on 22 March 2019 on the grounds that the contribution conditions under national legislation for the scheme were not satisfied.
EU Regulations provide that insurance contributions made in any other EU Member State may be aggregated with Irish contributions in order to satisfy the contribution conditions for IP. A request was sent to the UK social security authorities requesting the gentleman's UK insurance record. Receipt of this information confirms that he satisfies the contribution criteria under EU Regulations.
As well as satisfying the contribution criteria, a person must satisfy the medical conditions for the scheme. His claim has been disallowed on the grounds that the medical conditions for the scheme are not satisfied. He was notified on 18 November 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.
251. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the status of illness benefit payments for a person (details supplied); and if she will make a statement on the matter. [48413/19]
Amharc ar fhreagraThe Person concerned is due to receive her payments each Monday, however if there is a delay in the Department receiving her medical certificate it can result in late payments due to late processing.
A payment of €203 was processed November 15th and another payment of €203 was processed November 18th. Payment by EFT may take two to three days to appear in accounts.
The Person concerned is medically certified as unfit for work until 2nd December 2019 and all monies due have now issued to her. If she is sick after that date she need to get further medical certification.
I hope this clarifies the matter for the Deputy
252. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection her views on the payment of the national minimum wage as recommended by the low pay commission with specific reference to legislation; and if she will make a statement on the matter. [48425/19]
Amharc ar fhreagraAs part of Budget 2020, the Government accepted in full the recommendations of the Low Pay Commission that the Minimum Wage be increased by 30c to €10.10. The Commission made its recommendation on the basis of an orderly Brexit. In developing its recommendation on the National Minimum Wage, the Low Pay Commission assessed various economic indicators such as changes in earnings, exchange rates, employment, unemployment, productivity, international minimum wage comparisons, the need for job creation and the likely impact of the National Minimum Wage changes on levels of employment, cost of living, and national competitiveness.
Although there is still optimism of a Brexit deal being ratified, the possibility of a disorderly Brexit is still present and therefore the economic circumstances which will apply in 2020 continue to be very uncertain. Nevertheless, the Government has accepted in full the recommendation of the Commission, but has decided to defer a decision on when the Commission’s recommendation will commence until the outcome of Brexit becomes clearer.
I intend to make provision in the Social Welfare Budget Bill to allow me to set the National Minimum Wage for 2020 in line with the Commission’s proposals, once the situation in respect of Brexit is clarified.
253. Deputy Thomas Pringle asked the Minister for Employment Affairs and Social Protection the efforts made to date to resolve the impasse regarding community employment supervisor and assistant supervisors pension claims; the extent to which her Department is in cooperation with the WRC on the matter; and if she will make a statement on the matter. [48429/19]
Amharc ar fhreagraThe Community Employment Scheme (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.
The programme is delivered through independent Community Employment Sponsoring Bodies. The contract agreement between the Department and the Community Employment Sponsoring Body establishes their role as an independent contractor, responsible for all purposes and all persons recruited by them
CE Supervisors are not employed by the Department of Employment Affairs and Social Protection. CE Supervisors have always been employees of Community Employment Sponsoring Bodies which operate in the community and voluntary sector.
I am very aware of the valuable and dedicated service that Community Employment (CE) sponsor organisations provide in running CE Schemes across the country. CE supervisors, as employees of these organisations, are an integral part of that good work.
As the Deputy will be aware, the Department is currently engaging with representatives of CE supervisors to discuss issues arising following that 2008 Labour Court Recommendation and that all parties agreed that the detail of all discussions undertaken by the group should remain confidential until the process had completed. I would ask Deputies to respect these wishes and allow the talks to continue free from speculation.
In relation to the Workplace Relations Commission judgement, the Department received the Adjudication Officer’s decision on Monday 4th November. My Department is reviewing the decision at present and has sought legal advice on it.
254. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a contributory pension with adult dependent allowance, including fuel allowance, is likely to issue in the case of a person (details supplied); and if she will make a statement on the matter. [48499/19]
Amharc ar fhreagraThe person concerned applied for State pension (contributory) on 4 October 2019 and was awarded maximum rate of pension with effect from 7 November 2019, their 66th birthday. They were notified of this decision on 16 October 2019.
The person applied for the Increase for a qualified adult and fuel allowance with their pension. As these payments are means-tested, additional information regarding means held by the couple (e.g., bank statements) were requested 16 October 2019. The Increase for qualified adult and fuel allowance were subsequently awarded from 7 November 2019. Notification of these decisions together with the arrears due issued to the person concerned on 18 November 2019.
I hope this clarifies the matter for the Deputy.
255. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which rent allowance has been made payable to a person (details supplied); and if she will make a statement on the matter. [48500/19]
Amharc ar fhreagraThe person concerned made an application for rent supplement on 18/10/19. My Department advised the person concerned on 24/10/19 that as she resides in a HAP designated area, she must in the first instance make a request for a Housing Needs Assessment with her local authority and also an application for Social Housing Support (including HAP).
The person concerned was also advised of the documentation required to progress the rent supplement application if necessary.
To date, the person concerned has not provided any further information to my Department. It is therefore not possible to progress the rent supplement application at this time.
I trust this clarifies the matter for the Deputy.
256. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the current entitlement in respect of illness benefit, alternative in the case of a person (details supplied) who may have exhausted their benefit entitlement but may qualify for alternative; and if she will make a statement on the matter. [48501/19]
Amharc ar fhreagraThe Person concerned is not due to exhaust his entitlement to Illness benefit until 3rd October 2020, providing he still continues to satisfy the Medical criteria. A letter notifying him of this will issue to him prior to this date informing him of the alternative schemes he can apply for.
The Person concerned is currently certified until the 28th November 2019 and he is fully paid up to date.
I hope this clarifies the matter for the Deputy
257. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which efforts are being made to facilitate exceptional needs payment or alternative in the case of a person (details supplied); and if she will make a statement on the matter. [48502/19]
Amharc ar fhreagraOn 18/11/19 my Department awarded the person concerned an Exceptional Needs Payment of €250. This payment was awarded to meet a need for home heating.
I trust this clarifies the matter for the Deputy.
