Written Answers Nos. 1160-1179
1160. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection if an application will be expedited for carer's benefit by a person (details supplied) in County Donegal; and if she will make a statement on the matter. [3268/20]
Amharc ar fhreagraCarer'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.
To qualify the carer must satisfy PRSI conditions, employment conditions, show that they are providing full-time care and attention and must show that the care recipient requires full-time care and attention.
CARB was awarded to the person concerned with effect from 5 March 2020. The person concerned was notified of this decision on 27 February 2020.
I hope this clarifies the matter for the Deputy.
1161. Deputy Seán Haughey asked the Minister for Employment Affairs and Social Protection her plans to reduce the age at which the State pension can be paid; and if she will make a statement on the matter. [3302/20]
Amharc ar fhreagraIncreasing pension age, to moderate the increase in pension duration, is a means by which pensions can be made sustainable in the context of increasing longevity. 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. The Roadmap for Pensions Reform 2018-2023 has stated that any future changes in State pension age after 2035 will be based on research into life expectancy.
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 date of 65, 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. People are living longer and healthier lives. Many of them may want to continue working after 65 and these resources can facilitate them in their choice.
In most cases, it is hoped that workers will continue to work up to State pension age. Where this is not possible, there are specific measures which apply to someone claiming Jobseeker’s Benefit from a date after their 65th birthday. Where qualified, these recipients may continue to be eligible for that payment until reaching pension age.
Any changes would require Government consideration and approval.
I hope this clarifies matters for the Deputy.
1162. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the amount of expenditure incurred each year since 2008 on exceptional needs payments; the reason for the decline in these payments; and if she will make a statement on the matter. [3323/20]
Amharc ar fhreagraUnder the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. An urgent needs payment (UNP) may be made to persons who may not normally qualify for SWA but who have an urgent need which they cannot meet from their own resources or where an alternative is not available at that time.
The tabular statement below shows the number of payments and expenditure on ENPs and UNPs each year since 2008. Expenditure under these schemes has increased each year since 2016.
The scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.
I trust this clarifies the matter for the Deputy.
Tabular Statement
Number of payments / expenditure on ENPs and UNPs, 2008 – 2019
|
Year |
Expenditure |
|
|
|
|
2008 |
€82.2m |
|
2009 |
€75.2m |
|
2010 |
€69.4m |
|
2011 |
€62.6m |
|
2012 |
€52.7m |
|
2013 |
€35.7m |
|
2014 |
€30.1m |
|
2015 |
€31.0m |
|
2016 |
€32.2m |
|
2017 |
€38.1m |
|
2018 |
€42.3m |
|
2019 |
€43.2m (Provisional) |
|
2020 |
€44.2m (Estimate) |
1163. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection her plans to introduce legislation restoring the pre-2008 situation by which pensioners of semi-State companies had their pensions indexed to salary increases in the companies they worked for; her further plans to legislate for the right of pensioners of semi-State companies to be party to negotiations with their former employers in relation to pension matters; and if she will make a statement on the matter. [3326/20]
Amharc ar fhreagraMy Department has no role in setting the level of pension increases received by members of occupational pension schemes, irrespective of whether those schemes operate in the semi-state sector or private sector. Pension increases for occupational pensions are entirely a matter for the scheme trustees and the sponsoring employer to whom enquiries should be addressed.
Scheme trustees have duties and responsibilities under the Pensions Act 1990, as amended, under trust law and under other relevant legislation. The duties of pension scheme trustees include administering a scheme in accordance with the law and the terms of the trust deed and rules as well as ensuring compliance with the requirements that apply to these schemes. Trustees must act in the best financial interests of the scheme members, whether active, deferred or retired, and must serve all beneficiaries of the scheme impartially. If there is a conflict of interest then a person’s duty as a trustee must take precedence over other interests.
If any individual has evidence that pension scheme trustees are not acting in the best interests of scheme members they should complain to the scheme trustees in the first instance. If the complainant is not satisfied with the trustees’ reply they should raise their concerns with the Pensions Authority.
The Pensions Authority is the regulatory body charged with the supervision of pension schemes and has the necessary powers under statute to investigate the conduct of a pension scheme should it become aware that a scheme is not in compliance with the provisions of the Pensions Act. Where a pension scheme member is of the view that the scheme is not in compliance with legislative requirements he or she may make a formal complaint to the Pensions Authority.
Any further changes would require consideration and approval from Government.
Any questions relating to access to the State's industrial relations machinery are a matter for the Minister for Business, Enterprise and Innovation.
I hope this clarifies the matter for the Deputy.
1164. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection her plans to review the minimum funding standards for pensions to determine if they are appropriate in all circumstances particularly as they relate to retired employees of semi-State bodies; and if she will make a statement on the matter. [3327/20]
Amharc ar fhreagraPensions legislation provides for the supervision and regulation of occupational pension schemes and, in that context, requires defined benefit (DB) schemes to meet the commitments they have made to their members. The method by which this is regulated is set out in the funding standard.
The funding standard provides a benchmark against which the ‘health’ of a scheme can be tested. A scheme failing the funding standard means that, unless some action is taken, the scheme will not be able to pay the benefits promised. The existence of the funding standard itself is not the central issue in relation to whether a scheme is properly funded. Rather the responsibility rests with the employer and the trustees for ensuring that the scheme is properly funded and managed. However, the funding standard does provide the regulatory mechanism for ensuring that a scheme can provide a level of the pension benefits promised.
The funding standard is a wind-up standard, and is intended to approximate the monies needed to secure the benefits if the scheme was wound up and the accrued benefits bought out. The funding standard applies to all funded DB pension schemes. The funding standard relates to the funding position of a scheme as a whole and the scheme's ability to pay retirement benefits to all types of scheme members: deferred, active, and pensioner members. Allowing the application of different levels of funding standard to different types of scheme members or to different industries would not be consistent with the primary aim of the funding standard; to ensure that pension schemes maintain sufficient funds to pay all members their pension entitlements were the scheme to be wound up.
The Pensions Authority is the independent body responsible for regulating the funding standard. If a scheme does not meet the funding standard, a funding proposal must be submitted to the Authority in accordance with the time limits detailed in the Pensions Act.
The Pensions Authority requires that, in setting investment policy, the trustees of a DB scheme must have regard to the need to satisfy at regular intervals the minimum funding standard set down in the Pensions Act.
The Social Welfare and Pensions Act 2012 requires a DB scheme to hold additional funding in the form of a ‘risk reserve’ by 2023. The function of this ‘risk reserve’ is to provide some protection and long term stability for scheme members against future volatility in financial markets. Additionally, and in appropriate circumstances, the regulator may now approve scheme funding proposals that provide for the recovery of their schemes funding over longer periods that was previously the case.
It should be noted that the Irish funding standard is less demanding in comparison to almost all other European countries. My Department, in conjunction with the Pensions Authority, monitors the operation of the minimum funding standard for DB pension schemes.
I hope this clarifies the matter for the Deputy.
1165. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance for a person (details supplied); and if she will make a statement on the matter. [3349/20]
Amharc ar fhreagraAn application for Domiciliary Care Allowance (DCA) was received from the person concerned on the 15th November 2019. The application was not allowed as it was considered that the child did not meet the eligibility criteria for the allowance. A letter issued on the 6th February 2020 outlining the deciding officers decision.
In the case of an application which is refused, the applicant may submit additional information and ask to have the decision reviewed, and /or they may appeal the decision directly to the Social Welfare Appeals Office. The options available have been advised in the decision letter.
I hope this clarifies the position for the Deputy.
1166. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an invalidity person for a person (details supplied); and if she will make a statement on the matter. [3350/20]
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 lady concerned on 25 November 2019. The claim was refused on the grounds that the medical conditions for the scheme were not satisfied. She was notified on 28 February 2020 of this decision, the reasons for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
1167. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the amount of paid out by the humanitarian assistance scheme in each of the years 2010 to 2019 and to date in 2020, in tabular form; and if she will make a statement on the matter. [3383/20]
Amharc ar fhreagra1168. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection the average waiting times for payment under the humanitarian assistance scheme in each of the years 2016 to 2019 and to date in 2020; and if she will make a statement on the matter. [3384/20]
Amharc ar fhreagra1173. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the details of the funding available to businesses and individuals affected by flooding; and if she will make a statement on the matter. [3709/20]
Amharc ar fhreagraI propose to take Questions Nos. 1167, 1168 and 1173 together.
The Department of Housing, Planning and Local Government is the lead Department for severe weather emergencies and the Office of Public Works (OPW) has responsibility for capital flood relief activities. However, my Department has an important role to play in assisting households in the immediate aftermath of emergency events such as flooding under the humanitarian assistance scheme.
The purpose of the humanitarian assistance scheme is to provide income-tested financial support to people whose homes are damaged and who are not in a position to meet costs for essential needs, household items and in some instances structural repair.
Statistics are not maintained on the average waiting times for payment. However, I can assure the Deputy that supports are provided to those affected as swiftly as possible given the emergency nature of these situations. Officials in my Department’s Community Welfare Service closely monitor the situation on the ground and engage with the relevant local authorities and other agencies to ensure a co-ordinated and immediate response.
Emergency income support payments to cover essential items such as food, clothing and personal items are quickly issued in the immediate aftermath of the weather event. Supports towards the replacement of white goods, basic furniture items and other essential household items may take longer as it is not until the flood water abates and houses dry out that the full extent of the damage to homes becomes known. The longer term supports covering remedial works such as plastering, relaying of floors, electrical re-wiring and painting can take several months before this stage of the response is completed.
The scheme was activated in February in response to the recent ongoing flooding event. A small number of applications have been received to date and further applications are expected in the coming weeks.
The tabular statement below shows expenditure on the scheme since 2010.
In addition, the Government recently announced two temporary emergency support schemes for small businesses that have been unable to secure flood insurance and have been flooded following storms, and for community, voluntary & sporting bodies affected by the recent flooding. The Irish Red Cross is administering these schemes on behalf of the Department of Business, Enterprise and Innovation.
I trust this clarifies the matter for the Deputy.
Tabular Statement - Expenditure on the Humanitarian Assistance Scheme, 2010 – 2020
|
Years |
Expenditure |
|
2010 |
€1,045,000 |
|
2011 |
€1,000 |
|
2012 |
€714,000 |
|
2013 |
€119,000 |
|
2014 |
€1,189,000 |
|
2015 |
€233,000 |
|
2016 |
€1,682,000 |
|
2017 |
€613,000 |
|
2018 |
€350,000 |
|
2019 |
€121,000 |
|
2020 (Feb) |
€4,300 |
1169. Deputy Marian Harkin asked the Minister for Employment Affairs and Social Protection if there is a delay with the reissuing of public services cards and free travel cards in view of the importance of free travel, for example to persons undergoing various medical treatments; the timeframe for rectifying this situation; if the delay in reissuing the cards also has an effect on the household benefits package for qualified recipients; and if she will make a statement on the matter. [3480/20]
Amharc ar fhreagraMy Department writes to all Public Services Card (PSC) holders, including those entitled to Free Travel, 90 days before their Card expires, inviting them to renew their Card. Customers are offered a choice of renewing by post or by attending an office of the Department.
Where a customer applies to have their PSC renewed, the new Card issues a few days before the old card expires.
If the customer does not apply for a new PSC before the old Card expires, they are advised to go to an office of the Department to renew their Card. In such cases, the new PSC typically takes 5 -7 working days to issue.
Any delay arising as a result of a late application for a renewal has no effect on a customer’s entitlement to household benefits.
I trust this clarifies the position for the Deputy.
1170. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's benefit application by a person (details supplied); and if she will make a statement on the matter. [3482/20]
Amharc ar fhreagraCarer'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.
To qualify the carer must satisfy PRSI conditions, employment conditions, show that they are providing full-time care and attention and must show that the care recipient requires full-time care and attention.
An application for CARB was received from the person concerned on 21 February 2020.
Additional information in relation to the person’s application was requested by a deciding officer on 3 March 2020. 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.
1171. Deputy Eoin Ó Broin asked the Minister for Employment Affairs and Social Protection if payments to victims from the Criminal Injuries Compensation Tribunal is exempt from being calculated as earnings in terms of accessing access to social welfare payments. [3497/20]
Amharc ar fhreagraI am advised that payments received from the Criminal Injuries Compensation Tribunal are not exempt for the purposes of assessing the means of a person in determining their eligibility for a social assistance payment.
Where such payments are made, they are treated as capital for means-testing purposes. The table below outlines the formula used for determining weekly means from capital under most social assistance schemes. (In the case of Disability Allowance, the first €50,000 of capital is disregarded.)
|
Formula |
Weekly Means |
|
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 |
1174. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the position regarding persons that have to take time off work including those that are told to self-quarantine and those whose workplaces close for a period of time due to Covid-19; the social welfare supports available to them; and if she will make a statement on the matter. [3710/20]
Amharc ar fhreagraThere are a number of income supports available to support people required to take time off from work for illness related reasons, including in circumstances of self-isolation. Illness Benefit is, for example, payable to people who self-isolate on medical advice. Income supports are also available to support short-time working and temporary lay-offs., these include Short-time Working Payments and Jobseeker payments.
The Government is currently reviewing if, and if so how, the existing Social Protection supports might be adapted to support employer and employees to respond effectively in the particular circumstances of the Covid-19 situation. Towards this end officials will meet with employer and trade union representatives over the next few days.
Following this consultation with employers and trade union representatives, proposals will be considered by the Cabinet Subcommittee chaired by the Taoiseach on Monday 9th March and any changes to arrangements will be published as soon as possible thereafter.
Further guidance on the statutory framework and social protection income supports is available from the Workplace Relations Commission at www.workplacerelations.ie and from the Department of Employment Affairs and Social Protection at www.gov.ie.
I hope this clarifies matters for the Deputy.
1175. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a matter regarding pension contributions for a person (details supplied) will be addressed. [3741/20]
Amharc ar fhreagraThe person concerned applied for State pension (contributory) on 5 November 2012 and was awarded a pension at 90% of the maximum rate with effect from their 66th birthday.
According to the person's record of social insurance contributions held by my Department at time of award, they had 1,469 qualifying paid and credited contributions from their date of entry into insurable employment in June 1965 up to end-December 2012, the end of the tax year preceding their 66th birthday. This gives a yearly average of 31 which falls within the rate band of 30-39 and equates to 90% of the maximum rate of State pension (contributory) entitlement.
The person concerned contacted my Department to advise that contributions for the tax years 2012 and 2013 had not been included in the calculation of their pension entitlement. Contributions for the 2012 tax year were included in the yearly average calculation and increased the person's yearly average to 32. However, since this remains within the 30-39 rate band there is no increase in pension rate under this yearly average calculation method.
The person's pension entitlement was subsequently reviewed under a new total contributions approach to pension calculation which includes provision for homecaring periods and contributions for the 2013 year up to their 66th birthday. The person concerned indicated that they had been a primary carer and was consequently awarded 436 homecaring periods. Based on their contribution record of 1,526 qualifying paid and credited contributions and 436 homecaring periods, their pension entitlement increased to 94.33% of the maximum rate of pension, backdated to 30 March 2018 in line with social welfare legislation.
I hope this clarifies the matter for the Deputy.
1176. Deputy Johnny Mythen asked the Minister for Employment Affairs and Social Protection if she will make contact with the HSE regarding the situation of a day care centre (details supplied) in County Wexford in which some of the workers are operating under section 39 and have the same qualifications and experience as their counterparts but are being paid less; and if she will make a statement on the matter. [3743/20]
Amharc ar fhreagraI am advised that organisations that provide services on behalf of the HSE do so on a contract basis under Section 39 of the Health Act 2004. Service arrangements are in place between the HSE and all service providers, which clearly set out the obligations of the organisation, the services for which they are engaged by the HSE, and the funding that has been agreed.
As the HSE comes within the remit of my colleague Simon Harris T.D., Minister for Health, the Deputy may wish to raise this matter directly with the Minister.
I hope this clarifies the matter for the Deputy.
1177. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a disability application by a person (details supplied) will be expedited and backdated to the date of the accident. [3767/20]
Amharc ar fhreagraI can confirm that my department received an application for disability allowance (DA) from this lady on 5 February 2020.
On 15 February 2020 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on her eligibility. On receipt of this information a decision will be made on her DA application and the person concerned will be notified of the outcome.
If this lady wishes to make an application for backdating she may do so, in writing, clearly stating the grounds for not having made the application at the earlier date and the matter will be considered by a deciding officer.
I trust this clarifies the matter for the Deputy.
1178. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if an instruction will be issued to encourage flexibility to sponsors of community employment schemes in particular for persons over 60 years of age in view of the fact that they will not be able to get alternative work and in further view of the difficulties community employment schemes are having to fill all vacancies. [3768/20]
Amharc ar fhreagraThe aim of the Community Employment (CE) programme is to enhance the employability of disadvantaged and unemployed people by providing work experience and training opportunities for them within their communities. The programme helps break the cycle of unemployment and improve a person’s chances of returning to the labour market. Participation on CE is intended to be for a temporary fixed-term. CE is generally open to applicants aged between 21 and 66 years.
A number of new conditions were introduced on CE in July 2017 to further support progression and broaden access to CE to a wider range of people.
In general all CE placements for new entrants aged between 21 and 55 years are for 1 year – however CE participants, working towards a major educational award, can seek to extend participation by up to two years to enable them to reach the required standard of qualification. In addition, those over 55 years of age can remain on CE for three years.
Participants aged 62 and over are allowed to participate on a continuous basis up to the State Pension age via the CE Service Support Stream (SSS), subject to the availability of places on the SSS, satisfactory performance by them on the CE scheme and, subject to annual approval by the Department.
In 2019, an Inter-Departmental Group (IDG) was convened to explore the most appropriate organisation arrangements, including which Department should host the Community Employment (CE) Social Inclusion schemes. The IDG report is nearing completion and includes a series of recommendations, a number of which may affect the particular cohort referred to by the Deputy. The IDG Report is due to be published shortly.
1179. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if arrangements to facilitate the exceptional needs or emergency payment can be made in the case of a person (details supplied); and if she will make a statement on the matter. [3790/20]
Amharc ar fhreagraI am advised that my Department has no record of receipt of an application for Supplementary Welfare Allowance, including an Exceptional or Urgent Needs payment from the person concerned. The last known address on file for this person differs from the one provided by the Deputy, however, I have arranged for an application form to issue to that address. Alternatively, the person concerned can contact the local Intreo Centre. Arrangements will be made to deal with any application received as quickly as possible.
I trust that this clarifies the matter for the Deputy.
