Written Answers Nos. 710-730
710. 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. [53092/19]
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.
The person concerned has been in receipt of payment for one care recipient since 26 January 2017.
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 decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 12 December 2019 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
711. 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. [53100/19]
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.
The Department informs me that there is no application by the person concerned for CA registered. If the person in question wishes to make an application, she should complete and return an application form (CR1) to CA section in the social welfare services office, Longford, as soon as possible.
I hope this clarifies the matter for the Deputy.
712. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [53103/19]
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 CA was received from the person concerned on 28 November 2019.
Additional information in relation to the person’s application was requested by a deciding officer on 3 December 2019.
Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy .
713. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection when a decision will be made on an invalidity pension application by a person (details supplied); and if she will make a statement on the matter. [53111/19]
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.
The Department received a claim for IP for the gentleman concerned on 28 May 2019. His claim was disallowed on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 29 August 2019 of this decision, the reasons for it and of his right of review or appeal.
He requested a review of this decision and submitted further medical evidence in support of the review. Following a review of all the information available it was decided that there was no change to the original decision. He was notified on 12 December 2019 of the outcome of the review.
I hope this clarifies the matter for the Deputy.
714. Deputy Michael Moynihan asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the situation facing home tuition teachers (details supplied) regarding their PRSI contributions; if she will liaise with the Minister for Education and Skills to ensure that all sectors treat home tuition teachers in the same manner to ensure their social insurance benefits, including future pension entitlements, are not unfairly affected; and if she will make a statement on the matter. [53148/19]
Amharc ar fhreagraThe way in which an individual pays tax and PRSI is generally determined by whether they are employed or self-employed. The decision as to which label applies to an individual is arrived at by looking at what they actually do, the way they do it, and the terms and conditions under which they are engaged. The Scope Section of my Department decides the correct class of PRSI and, where appropriate, the responsible employer.
Scope Section has examined the status of home tutors on a number of occasions and has determined that they are engaged under a contract for services (self-employed) and that the appropriate PRSI class is class S. My understanding is that the Department of Education and Skills concurs with this view.
My understanding is also that the Department of Education and Skills, under an arrangement with the Revenue Commissioners, placed home tutors on payroll in 2015 and took responsibility for deducting PAYE/PRSI/USC from them, even though they are regarded as being self-employed. The Revenue Commissioners and the Department of Education and Skills can provide further information in relation to this arrangement.
I hope this clarifies the matter for the Deputy.
715. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the estimated cost of bogus self-employment; the steps she plans to take to address the issue; and if she will make a statement on the matter. [53164/19]
Amharc ar fhreagra716. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the number of inspectors in the employment status investigation unit established to focus solely on bogus self-employment; the number of inspectors she plans to have in place; the target number of investigations to be carried out by the unit in 2020; the percentage of workplaces that will be inspected; and if she will make a statement on the matter. [53165/19]
Amharc ar fhreagra717. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the number of inspections carried out by inspectors in each of the years 2016 to 2018 and to date in 2019 focusing solely on the issue of false self-employment, in tabular form; and if she will make a statement on the matter. [53166/19]
Amharc ar fhreagra718. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the number of suspected false self-employment cases that were and are being dealt with in each of the years 2016 to 2018 and to date in 2019; and if she will make a statement on the matter. [53167/19]
Amharc ar fhreagraI propose to take Questions Nos. 715 to 718, inclusive, together.
Work is underway in my Department to tackle false self-employment wherever it may be occurring across the economy. In that regard I have reallocated resources to this issue to understand, measure and quantify better the prevalence of false self-employment and obtain a sectoral analysis of its level of incidence.
My Department is focussed on increasing the number of employer inspections it conducts nationwide. I have also established a dedicated team to work strategically in this area. This team – the Employment Status Investigation Unit – commenced its work in September, in parallel with other inspectors across the country. The Unit had five inspectors when it formed and this will shortly increase to eight. It is my intention to grow the Unit further early in the new year. The Unit is currently evaluating its work so far and formulating plans for 2020. While the Unit concentrates on complex cases, more generally a portion of the Department's approximately 350 Social Welfare Inspectors nationwide has also been tasked to deal with routine cases of false self-employment as part of their broader employer inspections remit.
Scope Section is the section of my Department that determines, among other things, whether a person is an employee or is self-employed for the purposes of PRSI classification. Of all the cases referred to Scope Section, those involving the mis-classification of an employee as being self-employed – what we might call ‘false self-employment’ – constitute a small proportion.
Number of all cases referred for Scope decision
|
Year |
All cases referred |
All cases decisions made |
|
2015 |
1,220 |
1,064 |
|
2016 |
1,446 |
1,027 |
|
2017 |
1,473 |
1,065 |
|
2018 |
2,067 |
1,339 |
|
2019 (to end November) |
1,526 |
1,320 |
It is important to note that these cases do not always involve a deliberate or fraudulent mis-classification of a worker as being self-employed. Sometimes it happens that both employer and employee are genuinely mistaken in their approach and are happy to correct the position once the Department’s officials make a determination.
Since its formation, the Employment Status Investigation Unit has carried out 23 inspections targeted towards detecting false self-employment. Two of these are completed and resulted in referrals to Scope Section. In one case, five employees were confirmed as being self-employed and, in the other case, two employees were deemed to be employees for the purposes of PRSI. The latter case is currently under appeal to the Social Welfare Appeals Office.
General employer inspections are also carried out on a continuous basis by Social Welfare Inspectors and Special Investigation Unit inspectors, including on a joint basis with Revenue and the Workplace Relations Commission. There are approximately 350 inspectors in the Department currently. These inspections can result in a variety of outcomes, such as overlapping social welfare payments and employment, underpayment of PRSI, incorrect PRSI records, etc. The detection of the potential mis-classification of employees as being self-employed can also result from such general inspections. In such cases, inspectors investigate these situations when they find them and refer the case to Scope Section for a ruling as to employment status. In 2018, inspectors referred 22 such cases to Scope; the figure for 2019 to end November was 29.
I am advised that it is not possible to provide figures on money recouped on the sole basis of false self-employment cases alone. However, as an indication of the level of work going on in relation to PRSI inspections generally, inspectors carried out 2,055 employer inspections in 2018, and in 2019 (to end November) 3,099 inspections were carried out. Savings for 2018 were €4.742m and in the 11 months to November 2019 were €2.173m. False self-employment cases form a portion of those figures.
I hope this clarifies matters for the Deputy.
719. Deputy Noel Rock asked the Minister for Employment Affairs and Social Protection if she will consider appointing a commissioner for independent living for disabled persons; and if she will make a statement on the matter. [53169/19]
Amharc ar fhreagraMy Department has policy and operational responsibility for providing both income supports and employment supports for disabled persons.
In relation to the “appointing of a Commissioner for Independent Living for disabled persons’, policy in relation to independent living, personal assistance services and home care supports do not come within the remit of my Department; such policy matters are core functions within the Department of Health and the HSE.
I hope that this clarifies the matter for the Deputy.
720. Deputy Thomas Byrne asked the Minister for Employment Affairs and Social Protection when arrears of non-contributory pension will issue to a person (details supplied). [53170/19]
Amharc ar fhreagraThe person concerned requested a review of their state pension (non-contributory) entitlement.
As a result of this review, the person's weekly rate of payment increased with effect from 23 August 2019. A consequential pension arrears payment issued to the person concerned on 13 September 2019.
I hope this clarifies the matter for the Deputy.
721. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection the arrangements in place in view of the fact that P60s and P45s and so on are no longer available; the arrangements that will be in place for persons to provide evidence of their income as part of the means tests in respect of the schemes operated by her Department which require a means test; if there will be GDPR implications in relation to same; and if she will make a statement on the matter. [53214/19]
Amharc ar fhreagraFrom the 1st January 2019, as part of Revenue's PAYE modernisation project, employers now report relevant payroll data to Revenue as part of the normal weekly, fortnightly or monthly payroll run.
Employers are no longer required to provide employees with a P45 on the cessation of their employment. Accordingly, a customer will not be required to provide my Department with a P45 to confirm the date of cessation of employment in support of a new claim or review of an existing claim. Instead and in accordance with GDPR, department staff with appropriate authority are able to access relevant employment and contribution data maintained by Revenue and previously available on P45 and P60 forms through a Real Time Advanced Programming Interface (RTAPI).
The RTAPI alone is not used for means assessment purposes as it does not contain all the required information and therefore customers are still be required to provide payslip information in support of their claim for a means assessment.
I trust this clarifies the matter.
722. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection the different means test arrangements in place under various social welfare legislation in respect of persons making applications for the carer's allowance versus disability allowance and other payments; if different rules apply regarding the valuation of a second house or property; if the net value of the property having taken into account an outstanding mortgage is taken into account for capital purposes; if the rental income from such properties in other cases is deemed to be the relevant income for the means test; and if she will make a statement on the matter. [53216/19]
Amharc ar fhreagraSocial welfare legislation provides that all income and property belonging to an applicant (and his or her spouse/partner, where applicable) is assessable for means testing purposes for social assistance schemes, such as Disability Allowance and Carer's Allowance.
Income disregards are in place for both Disability Allowance and Carer's Allowance. Carer’s Allowance has a general weekly income disregard of €332.50 for a single person and €665 for a couple.
When assessing income from employment, PRSI, Union dues and superannuation or contributions to a pension fund are always deducted. How earnings are assessed depends on the scheme. From next January, One Parent Family and Jobseekers Transitional Payment recipients will have the first €165 of earnings disregarded, with half the balance assessed as means. For Jobseekers Allowance, the disregard is €20 per day for a maximum of three days, with the remainder assessed at 60%. The table below outlines specific disregards for earnings from employment for various schemes:
|
Scheme |
Earnings Disregard |
Remainder of earnings assessed at: |
|
Disability Allowance |
€120 |
50% |
|
Blind Pension |
€120 |
50% |
|
Jobseeker’s Allowance |
€60 |
60% |
|
One Parent Family Allowance/Jobseekers Transitional Payment |
€165 |
50% |
Most schemes, apart from Carer's Allowance (as there is a general disregard) do not assess housing costs for maintenance received up to €95.23 per week. There is also a disregard on income from property partly occupied by the claimant.
There are many other forms of income that are excluded for all schemes such as compensation awards by way of the Residential Institutions Redress Board established under Section 3 of the Residential Institutions Redress Act, 2002 (No. 13 of 2002). There are also additional items which do not count as means for specific schemes such as for Jobseeker's Allowance, Disability Allowance and Farm Assist – e.g., the maintenance portion of a SUSI Higher Education Maintenance Grant.
Carer’s Allowance and Disability Allowance both value capital and property in the same way. However, after the amount of capital has been calculated, the amount of capital which is disregarded differs.
The table below outlines the formula used for determining weekly means from capital for most schemes, apart from Disability Allowance and Supplementary Welfare Allowance.
|
Scheme |
Earnings Disregard |
Remainder of earnings assessed at: |
|
Disability Allowance |
€120 |
50% |
|
Blind Pension |
€120 |
50% |
|
Jobseeker’s Allowance |
€60 |
60% |
|
One Parent Family Allowance/Jobseekers Transitional Payment |
€165 |
50% |
For Disability Allowance the formula is:
|
Formula |
Weekly Means |
|
First €20,000 |
Nil |
|
Next €10,000 |
€1 per €1,000 |
|
Next €10,000 |
€2 per €1,000 |
|
Excess of €40,000 |
€4 per €1,000 |
For Supplementary Allowance the formula is:
|
Formula |
Weekly Means |
|
First €5,000 |
Nil |
|
Next €10,000 |
€1 per €1,000 |
|
Next €25,000 |
€2 per €1,000 |
|
Excess of €40,000 |
€4 per €1,000 |
The value of the family home, regardless of who is the legal owner, is never taken into account in the means assessment.
A property which is not personally used by a claimant is assessed on the capital value of the property. Any income from letting the property will not be assessed. Any outstanding mortgage registered against the property is deducted from the market value to find the capital value. For all second homes the property must be capable of being sold, let or put to profitable use before a capital value assessment is applied.
I hope this clarifies the matter for the Deputy. Further details can be found on citizensinformation.ie and welfare.ie websites.
723. Deputy Ruth Coppinger asked the Minister for Employment Affairs and Social Protection if the requirement will be examined for separated persons (details supplied) to have a separation agreement or solicitor's letter in cases in which they wish to use their pre-marriage name on the public services card; and if she will make a statement on the matter. [53325/19]
Amharc ar fhreagraThe Public Services Card (PSC) is proof that a person has authenticated their identity at an office of my Department. A person can submit their PSC to prove their identity each time they transact with the public bodies specified in social welfare legislation that use the PSC.
Where a person has already authenticated their identity and been issued a PSC, subsequently wishes to revert to using their pre-marriage/pre-civil partnership name on their PSC, my Department will continue to accept divorce or legal separation agreement documents or correspondence from a solicitor showing that such a separation or divorce has been initiated.
I trust this clarifies the position for the Deputy.
724. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection her plans to update the Terms of Employment (Information) Act 1994; and if she will make a statement on the matter. [53329/19]
Amharc ar fhreagraThe Minister wishes to amend the Terms of Employment (Information) Act 1994 to provide that employers must inform employees in writing of the policy in relation to the distribution of cash and electronic tips and gratuities in that business, where applicable. The information will be included in the written statement of terms of employment that must be provided to an employee not later than five days after the commencement of an employee’s employment.
The Employment (Miscellaneous Provisions) Act 2018 amended the Terms of Employment (Information) Act 1994 to provide that five core terms of employment must be provided by the employer within five days of the commencement of employment. This further proposed amendment would bring the core terms to six.
The practice of tipping and the imposition of service charges is understood to be limited to certain sectors. However, for workers in relevant sectors, this move will ensure that employees are made aware of the policy in that business at the outset of the employment relationship.
The five core terms of employment currently specified are:
1. the full names of the employer and the employee;
2. the address of the employer;
3. the expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract;
4. the rate or method of calculation of the employee’s pay;
5. the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week.
The other terms of employment required to be given to the employee under the Terms of Employment (Information) Act 1994 must be given within two months.
I trust this clarifies matters for the Deputy.
725. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the waiting times for the various payment schemes operated by her Department, in tabular form; and if she will make a statement on the matter. [53411/19]
Amharc ar fhreagraThe information requested (where available) by the Deputy is detailed in the following tabular statement.
Tabular statement
The average number of weeks to award various social welfare claims at the end of November 2019.
|
Scheme |
Ave Number of Weeks to Award |
|
State Pension (Contributory) |
7 |
|
State Pension (Non-Contributory) |
12 |
|
Jobseekers Allowance |
1 |
|
Jobseekers Benefit |
1 |
|
One-Parent Family Payment |
3 |
|
Supplementary Welfare Allowance Basi |
1 |
|
Maternity Benefit |
6 |
|
Paternity Benefit |
6 |
|
Carer's Allowance |
12 |
|
Carer's Benefit |
10 |
|
Disability Allowance |
12 |
|
Invalidity Pension |
12 |
|
Illness Benefit |
1 |
|
Occupational Injury Benefit |
1 |
|
Child Benefit (Dom &FRA) |
3 |
|
Working Family Payment |
3 |
|
Domiciliary Care Allowance |
10 |
|
Household Benefits |
1 |
|
Free Travel |
1 |
726. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the steps taken to expedite the turnaround times for reviews of applications for the waiting times for the various payment schemes operated by her Department; and if she will make a statement on the matter. [53412/19]
Amharc ar fhreagraMy Department is committed to providing a quality service to all its customers, ensuring that applications are processed and that decisions on entitlement are made as quickly as possible. A wide range of reviews on applications already in payment are carried out arising from customer requests, together with reviews undertaken by the Department.
Time to process reviews vary across schemes, depending on the different qualification criteria. Schemes that require a high level of documentary evidence from the customer, particularly in the case of illness-related/caring-related schemes, can take longer to process. Similarly, means-tested payments can also require more detailed investigation and interaction with the applicant, thereby lengthening the decision- making process. To help my Department to make timely and fair decisions on applications, customers should ensure that they complete forms fully, attaching all the supporting documentation required.
I wish to reassure the Deputy that processing of reviews is actively monitored, with all possible steps taken to improve turnaround times. This includes, where possible, the assignment of additional resources, coupled with the implementation of new business processes when required.
I can assure the Deputy of my Department's commitment to providing a quality service to all its customers.
727. Deputy Willie Penrose asked the Minister for Employment Affairs and Social Protection if the insurance contribution record of a person (detail supplied) will be provided; if they qualify for a State pension, the level and amount of arrears payable to them; and if she will make a statement on the matter. [53415/19]
Amharc ar fhreagraPension entitlement is assessed on the eligibility conditions applicable on the date an individual reaches pension age. The person concerned reached pension age in 2014. In order to claim state pension (contributory) a claimant must submit an SPC1 application form. To date an application for state pension (contributory) has not been received from the person concerned.
I have arranged for a copy of their social insurance contribution record to issue to the person concerned. A minimum of 520 full-rate contributions is required for entitlement to standard state pension (contributory). A minimum of 260 full-rate contributions is required for entitlement to a mixed insurance pro rata pension, based on the person’s full-rate and modified contribution history.
On receipt of a completed application, the person’s entitlement to State pension (contributory) will be examined by a Deciding Officer and they will be notified of the outcome.
Under social welfare legislation, late claims for the State pension (contributory) may only be backdated for a maximum period of six months. Backdating of a late claim beyond six months will be considered in circumstances where the failure to claim arose as the result of either incorrect information having been supplied by my Department, or the claimant’s serious incapacity by illness or infirmity. I would therefore advise the person concerned to submit a pension application without delay.
I hope this clarifies the matter for the Deputy.
728. Deputy Darragh O'Brien asked the Minister for Employment Affairs and Social Protection the first and full-year cost of increasing rent supplement payments by 5%,10%, 15%, 20% and 25%, respectively. [53428/19]
Amharc ar fhreagraRent supplement continues its vital role in supporting families and individuals in private rented accommodation, with the scheme currently supporting 17,200 recipients for which the Government has provided €132.4 million for 2019.
The additional full year cost for 17,200 customers, increasing rent limits by: 5%; 10%; 15%; 20%; and 25%, respectively, is provided in the tabular statement below. The costing exercise shows the full impact for the indicated rent limit increases and assumes that landlords will be able to reference their rents to these new benchmarks at the start of the year.
Any proposal to alter rent limits would have to be considered in a budgetary context.
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, approximately 14,300 cases have been provided additional flexible payment arrangements, i.e., have received support in excess of the prevailing rent limits.
I trust this clarifies the matter for the Deputy.
Tabular Statement: Full Year Costs Impact for 17,200 Recipients - Increasing Rent Limits
|
Rent Limit Percentage Increase |
Additional Full Year Cost €'000 |
Percentage Increase Expected** |
|
5% |
€6,864 |
6.30% |
|
10% |
€13,328 |
12.30% |
|
15% |
€20,499 |
18.90% |
|
20% |
€26,799 |
24.80% |
|
25% |
€33,188 |
30.70% |
** The annual full year costs for 17,200 customers at current tenancy rates is forecast at €108.2m.
Question No. 729 withdrawn.
730. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government the amount of finance available per annum for the Housing Finance Agency to lend to approved housing bodies; the amount loaned out to date; and if he will make a statement on the matter. [53424/19]
Amharc ar fhreagraThe Housing Finance Agency (HFA) plc is a non-commercial semi-State company under the aegis of the Minister for Housing, Planning, and Local Government, limited by shares under the terms of the Housing Finance Agency Act 1981.
The principal objectives of the HFA are to advance funds to local authorities and approved housing bodies (AHBs) to be used by them for any purpose authorised under the Housing Acts 1966 to 2016, and to borrow or raise funds for these purposes.
The HFA is demand-led by loan applications and finance is raised as needed for the provision of such lending. Rather than funding allocations for particular years, the HFA has a statutory borrowing limit of €10 billion. Drawn funding as at 30 November 2019 amounts to approx. €4.26 billion.
The HFA advanced €238 million in 2018 and €582 million to-date in 2019 to AHBs.
