Written Answers Nos. 524-534
524. Deputy Cian O'Callaghan asked the Minister for Employment Affairs and Social Protection the measures in place to stop employers from terminating employment contracts and rehiring the same employees on reduced terms and conditions; if she will consider introducing new employment laws in line with the proposed employment dismissal and re-employment Bill in the UK; and if she will make a statement on the matter. [14379/20]
Amharc ar fhreagraCurrent legislation already provides considerable protections for employees.
The Unfair Dismissals Acts 1977 to 2015 provide protection for employees from being unfairly dismissed from their jobs by laying down criteria on which the fairness or otherwise of dismissals can be judged, and by providing an adjudication system and redress for an employee whose dismissal has been found to be unjustified.
The Acts provide that every dismissal of an employee will be presumed to have been unfair unless the employer can show substantial grounds justifying the dismissal. The Acts apply to employees who (with certain exceptions) have had at least one year’s continuous service with the same employer.
If an employee considers that he or she has been unfairly dismissed, he or she may apply to the Workplace Relations Commission (WRC) for a hearing by a WRC Adjudication Officer of a case under the Unfair Dismissals Acts 1977 to 2015. If the Adjudication Officer finds that the dismissal was unfair, redress can take the form of either financial compensation, re-instatement or re-engagement. A WRC Adjudication Officer’s decision may be appealed by either party to the Labour Court.
The Terms of Employment (Information) Act 1994 provides that an employer must provide its employee with a written statement of the particulars of the employee’s terms of employment. It also provides that an employer must notify the employee of any changes in the particulars given in the statement. The Act provides a right of complaint to the WRC where an employer fails to comply with either of the above.
While an employer may renegotiate the terms and conditions of the contract of employment with an employee, it may not reduce any term or condition to a level lower than statutory entitlement. It is best practice that any such renegotiation should be undertaken in consultation with the affected employee, and taking a long-term view of the employment relationship.
I trust this clarifies matters for the Deputy.
525. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of the Covid-19 payment by county and age cohort in ten-year intervals in tabular form. [14427/20]
Amharc ar fhreagraThe information requested by the Deputy is presented in the following table. The data refers to people who received a Pandemic Unemployment Payment on 30th June 2020.
|
Under 20 |
20 - 29 |
30 - 39 |
40 - 49 |
50 - 59 |
60 + |
|
|
Carlow |
227 |
1486 |
1245 |
1183 |
813 |
343 |
|
Cavan |
328 |
1673 |
1487 |
1424 |
1082 |
445 |
|
Clare |
573 |
2899 |
2119 |
2357 |
2099 |
814 |
|
Cork |
2193 |
12936 |
9778 |
8897 |
7028 |
3083 |
|
Donegal |
1012 |
4369 |
3361 |
3348 |
2700 |
1081 |
|
Dublin |
6028 |
44419 |
35950 |
26004 |
18693 |
7502 |
|
Galway |
1067 |
6779 |
5452 |
5327 |
3920 |
1675 |
|
Kerry |
754 |
4120 |
3476 |
3742 |
2990 |
1354 |
|
Kildare |
1079 |
5229 |
4081 |
4125 |
3012 |
1135 |
|
Kilkenny |
383 |
1904 |
1596 |
1725 |
1281 |
533 |
|
Laois |
298 |
1594 |
1437 |
1335 |
925 |
383 |
|
Leitrim |
184 |
717 |
582 |
651 |
530 |
233 |
|
Limerick |
725 |
4861 |
3775 |
3255 |
2400 |
1027 |
|
Longford |
135 |
759 |
768 |
716 |
593 |
203 |
|
Louth |
702 |
3444 |
2872 |
2768 |
2250 |
742 |
|
Mayo |
623 |
3090 |
2457 |
2349 |
2115 |
976 |
|
Meath |
944 |
4385 |
3733 |
4165 |
3054 |
1134 |
|
Monaghan |
302 |
1522 |
1287 |
1185 |
918 |
432 |
|
Offaly |
310 |
1623 |
1396 |
1273 |
965 |
405 |
|
Roscommon |
282 |
1156 |
1022 |
1110 |
894 |
413 |
|
Sligo |
347 |
1606 |
1254 |
1140 |
904 |
454 |
|
Tipperary |
643 |
3378 |
2692 |
2574 |
2268 |
990 |
|
Waterford |
517 |
2808 |
2197 |
2157 |
1744 |
725 |
|
Westmeath |
395 |
2302 |
1669 |
1687 |
1323 |
559 |
|
Wexford |
661 |
3619 |
3063 |
2926 |
2375 |
957 |
|
Wicklow |
730 |
3606 |
2927 |
3021 |
2407 |
950 |
|
Unknown |
32 |
366 |
326 |
225 |
206 |
101 |
526. Deputy Carol Nolan asked the Minister for Employment Affairs and Social Protection if the carer’s allowance is means-tested; if the means test disregard has not changed since 2008; her plans to alter this; and if she will make a statement on the matter. [14430/20]
Amharc ar fhreagraThe Government acknowledges the crucial role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.
The main income supports to carers provided by my Department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Combined spending on these payments to carers in 2020 is expected to exceed €1.3 billion.
Carer's Allowance is a means-tested payment for carers who look after certain people in need of full-time care and attention on a full time basis. The means test for Carer's Allowance is one of the most generous means tests in the social welfare system, most notably with regard to spouse’s earnings. The amount of weekly earnings disregarded is €332.50 per week for a single person and €665 per week for a couple. This means that a couple with two children can earn in the region of €37,500 and qualify for the maximum rate of Carer's Allowance. A half-rate carer's allowance is also payable with other social welfare payments e.g. pensions and disability payments.
The conditions attached to payments of Carer’s Allowance are consistent with the overall conditions that apply to social assistance payments generally. This system of social assistance supports provides payments based on an income need with the means test playing the critical role in determining whether or not an income need arises as a consequence of a particular contingency – be that illness, disability, unemployment or caring. Carer's Allowance acts as an income support for those who cannot earn an income in the open labour market due to their caring responsibilities. The continued application of the means test not only ensures that the recipient has a verifiable income need but that resources are targeted to those with greatest need.
Changes to schemes are considered in an overall budgetary and policy context and from an evidence based perspective. Some 86% of the current recipients of Carer’s Allowance have no means or means of less than €7.60 per week and would not benefit by an increase in the disregard.
Carers who would benefit from an increased disregard would be in higher income households. Given the need to target available resources fairly and equitably to those in most need, I have no plans to change the means conditions for Carer's Allowance at this juncture. While I will seek to improve the supports available for carers, any changes must be considered in an overall budgetary context.
I hope this clarifies the position for the Deputy.
527. Deputy Paul Donnelly asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) has not received their pension entitlements since retiring from Connolly hospital in January 2020 on health grounds. [14449/20]
Amharc ar fhreagraInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP for this lady on 27 November 2019. It was awarded on the 11 January 2020 and her first payment issued to her nominated bank account on the 30 January 2020.
I hope this clarifies the matter for the Deputy.
528. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection the number of revocations of gender recognition certificates made by her pursuant to section 14 of the Gender Recognition Act 2015; and if she will make a statement on the matter. [14454/20]
Amharc ar fhreagra529. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection the number of inquiries initiated under section 14 of the Gender Recognition Act 2015; the number of such investigations which are ongoing; the number of such investigations which have now concluded; the investigations which have concluded; the number concluded with a decision to revoke; the number concluded with a decision not to revoke; and if she will make a statement on the matter. [14455/20]
Amharc ar fhreagraI propose to take Questions Nos. 528 and 529 together.
Section 14 of the Gender Recognition Act 2015 provides for the revocation of a Gender Recognition Certificate if information or facts come to notice that would have led to a refusal of the application. The legislation provides that where it is proposed to revoke a certificate, the person concerned may make representations in the matter within a period of 30 days.
Where a Gender Recognition Certificate is revoked under this section, the certificate must be surrendered and it is deemed always to have been void and of no effect.
I can confirm to the Deputy that, to date, there have been no revocations or investigations carried out under this section of the 2015 Act.
I trust this clarifies the matter for the Deputy.
530. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection the reason and criteria under which a person was refused an oral appeal regarding the decision to refuse a carer’s allowance. [14482/20]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the carer's allowance appeal of the person concerned by way of a summary decision. The question under appeal was whether the caree required full-time care and attention. The person concerned was notified of the Appeals Officer’s decision on 25 June 2020.
The Social Welfare Appeals Office has also advised me that as a result of the current Covid-19 restrictions and in order to safeguard the health and safety of both appellants and staff the Social Welfare Appeals Office has not held any oral appeal hearings since 13th March 2020. No such hearings can be scheduled until further notice. Furthermore, in respect of this particular appeal, having considered all of the available evidence, the Appeals Officer decided that a decision on this case could be made on a summary basis and that an oral hearing was not required.
The decision of an Appeals Officer is normally final and conclusive. However, it may be reviewed in accordance with the Social Welfare Consolidation Act 2005, under Section 317 (where additional evidence/facts are received that were not before the Appeals Officer when he/she made his/her decision) or by the Chief Appeals Officer under Section 318 (where grounds are put forward that indicate the Appeals Officer erred in fact and/or law in his/her decision).
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.
531. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection if she will publish the Departmental briefing paper on her role, remits and powers afforded to her upon appointment to the Cabinet. [14524/20]
Amharc ar fhreagraOn my first day as Minister, I received a comprehensive briefing document on the many policy responsibilities for which I am responsible in this Department. As has been the policy of the Department, it is intended that the briefing material will be published in the coming weeks.
532. Deputy Cormac Devlin asked the Minister for Employment Affairs and Social Protection the estimated cost in 2021 if the budget for the youth employment support scheme increased by 20%; and if she will make a statement on the matter. [14538/20]
Amharc ar fhreagraThe Youth Employment Support Scheme (YESS) was introduced on 1st October 2018. YESS is targeted at young jobseekers aged between 18 and 24 who are long-term unemployed or who face barriers to employment. The scheme aims to provide jobseekers with the opportunity to learn basic work and social skills in a supportive environment while on a work placement. YESS will provide a supportive structure for participants, including case worker support for both placement hosts and jobseekers.
Since the scheme's inception, a total of 797 people have commenced a placement, while in 2020 to date, a total of 152 young people started on the YESS. The COVID-19 pandemic emergency has impacted significantly on the scheme and as a result, a total of 149 YESS placements were temporarily suspended. Of these, 64 have recommenced in recent weeks, while it is anticipated that more will also re-start as each phase of the current Covid-19 restrictions are lifted. Staff engagement with potential jobseekers recommenced recently to re-start recruitment to the scheme.
A budget of €3.35million has been allocated to the YESS for 2020. An increase in the budget of 20% would amount to €4.02m. The funding available to date has not been a barrier to participation and additional funding of itself will not be the only driver to grow the take up of YESS placements. The scheme is built around the voluntary engagement of participants and host organisations. A critical element is that the participant has an interest in developing a career in a particular role or sector and that they can be matched with a host who is willing and able to provide a placement including that they have the capacity to provide time, support and training for the participant. The availability of good matches between participants and hosts locally has also been a driver for take up of the scheme.
As the economy reopens and activation services to jobseekers increase it is planned to increase the use of the scheme to provide valuable work experience and training to young people who have been heavily impacted by the Covid-19 crisis. Any necessary changes will be considered as part of the July Jobs Initiative and broader national plans for economic recovery.
I trust this clarifies the matter for the Deputy.
533. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of the pandemic unemployment payment for the weeks ending 5 June, 12 June, 19 June, 26 June and 3 July 2020, respectively; the numbers that have ceased receiving the payment with details of whether these were due to return to work or moving to another payment for another reason; and if she will make a statement on the matter. [14555/20]
Amharc ar fhreagraAs published each Monday on gov.ie at https://www.gov.ie/en/publication/f4c60c-covid-19-statistics/ , the number of people in receipt of the Pandemic Unemployment Payment (PUP) during the weeks specified by the Deputy are set out in Table 1.
The 'Total Outflow' column refers to the overall outflow from PUP in a given week. All closed claims are part of this outflow.
The 'Total Closed' numbers refer to customers who have closed their PUP claims; and the 'Returned to Work' numbers refer to customers who closed their claim who reported that returning to work was the reason for the closure.
Note that the differences between the total outflows and the total who have closed their account are due to interactions with the Temporary Wage Subsidy Scheme
Table 1 - Closed PUP and PUP Outflow
|
PUP Payment Date |
People in receipt of a PUP |
Total PUP Outflow |
Total PUP claims closed |
Closed - to work |
Closed - to other social protection payment |
Closed - Other |
|
02 June 2020 |
542,742 |
45,410 |
42,741 |
38,868 |
305 |
3,568 |
|
09 June 2020 |
517,632 |
32,795 |
30,165 |
27,447 |
268 |
2,450 |
|
16 June 2020 |
498,750 |
24,781 |
22,132 |
20,264 |
121 |
1,747 |
|
23 June 2020 |
465,878 |
38,143 |
35,910 |
31,438 |
269 |
4,203 |
|
30 June 2020 |
438,933 |
31,368 |
27,206 |
23,341 |
203 |
3,663 |
534. Deputy Holly Cairns asked the Minister for Employment Affairs and Social Protection if she will allow persons to exclude savings for a specific purposes, for example, to purchase a home, to be excluded from means-testing for the carer’s allowance; and if she will make a statement on the matter. [14572/20]
Amharc ar fhreagraThe system of social assistance supports provides payments based on an income need. The means test plays a critical role in determining whether or not an income need arises as a consequence of a particular contingency – such as disability, unemployment or caring. This ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.
By its nature, the means test takes account of the income a person or couple has in terms of cash, property - other than the family home - and capital.
For the Carer's Allowance means test, the first €20,000 of capital is fully disregarded; the next €10,000 assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.
The assessment of capital reflects the fact that there is an expectation that people with reasonable amounts of capital and property are in a position to use that capital or to realise the value of property to support themselves without having to rely solely on a means tested welfare payment.
Disregarding savings or other capital which a person intends to use for specific purposes, such as to purchase a home, would have significant budgetary implications and would give rise to inconsistencies in how means tests are applied across schemes. It would also significantly increase the complexity of the means assessment, in terms of identifying the amount of capital to be disregarded for a specific purpose, as well as ensuring that the capital is used for that specified purpose.
Carers may be entitled to other supports, such as rent supplement or housing assistance payment, to help meet housing expenses.
Any proposals to change the capital means assessment for means-tested social assistance schemes would have to be considered in the overall budgetary context.
