Written Answers Nos. 846-863
847. Deputy Eoin Ó Broin asked the Minister for Social Protection if a person who comes off the pandemic unemployment payment for short-term seasonal work should reapply for the pandemic unemployment payment or the jobseeker's allowance when the seasonal work comes to an end. [32480/20]
Amharc ar fhreagra884. Deputy Patricia Ryan asked the Minister for Social Protection if the pandemic unemployment payment will be backdated for those cut on 17 September 2020; if the payment will be cut again from 1 December 2020 and cut further in January 2021, as planned; and if she will make a statement on the matter. [32886/20]
Amharc ar fhreagraI propose to take Questions Nos. 847 and 884 together.
If a person's seasonal work comes to an end as a consequence of normal seasonal factors, the person should make a claim for jobseekers benefit or jobseeker's allowance.
To be eligible for the Pandemic Unemployment Payment Scheme a person should satisfy all of the qualifying conditions which include that an employee must have lost their employment as a direct consequence of the pandemic. This scheme remains available to new applicants until the end of 2020.
Following the move to level 5 restrictions the Pandemic Unemployment Payment is being paid at 4 rates with effect from 16th October; €203, €250, €300 and €350. A new rate of €350 has been introduced where a person had prior earnings of €400 or more. This change is effective from 16 October and is not being applied retrospectively.
The payment of PUP will be kept under review in light of the evolving public health crisis.
I trust that this clarifies the matter at this time.
848. Deputy Matt Carthy asked the Minister for Social Protection the number of pandemic unemployment payment recipients who are awaiting payments for arrears due; when these arrears will be paid; and if she will make a statement on the matter. [32498/20]
Amharc ar fhreagraSince the introduction of the Pandemic Unemployment Payment scheme in March, approximately 806,000 people have applied for payment and in some cases, they have done so on a number of occasions as they moved in and out of employment. Consequently, there are over 1.4 million applications to be examined to determine if arrears are due.
During the month of March, my Department received and processed jobseeker claims equivalent in number to a three year claim-load. These applications were processed as quickly as possible, with almost 59,000 people paid in the first week of the scheme, 283,000 people paid in the following week, and over 507,000 people in the third week of the scheme.
My Department is keenly aware that many people are due some arrears and that every case will be different. In order to address an issue of this scale, my Department is currently developing an automated process, which will examine each case and look at their overall entitlement to payment and match this against their payment history. The work involved is complex as the Pandemic Unemployment Payment system itself evolved from a manual applications system to one where applications were submitted online and paid over two different payment platforms (one from March to July and the second from July to date).
Given the complexity attached to the project, it will take some time yet to complete the necessary development work to review all cases and to determine to what extent, if any, arrears are due to individuals. I can assure the Deputy that this is a priority for my Department and it is hoped to make payments before the end of the year. The information sought by the Deputy on the number of individuals awaiting payment is not available at this time as work on the development and deployment of the automated process has not concluded.
I hope that this clarifies matters for the Deputy.
849. Deputy Sean Sherlock asked the Minister for Social Protection the status of community employment schemes under level 5. [32505/20]
Amharc ar fhreagra896. Deputy Pauline Tully asked the Minister for Social Protection if community employment schemes are classified as an essential service and are eligible and insured to remain open; and if she will make a statement on the matter. [32994/20]
Amharc ar fhreagra898. Deputy Claire Kerrane asked the Minister for Social Protection if participants in community employment, Tús and the rural social scheme can continue and are insurable during the level 5 restrictions; and if she will make a statement on the matter. [33008/20]
Amharc ar fhreagraI propose to take Questions Nos. 849, 896 and 898 together.
During the original Covid-19 emergency earlier this year, when the most restrictive measures were in place, the Department continued to provide the necessary funding for CE schemes. Other contingency measures were also introduced, including the extension of those CE participant contracts that were due to come to an end during the lockdown period.
Following the recently announced return to Level-5, the Department has reintroduced these contingency arrangements. The Department will continue to provide funding for CE, Tús and RSS. Department officials have been liaising with schemes to arrange for those participants who were due to finish over the 6 week Level-5 period to have their contracts extended until 4th December, 2020, unless a participant is taking up employment or reaches the State Pension age. This will be kept under review.
CE sponsoring authorities and RSS and Tús implementing bodies are the legal employers of their supervisors, assistant supervisors and participants. Department officials have reminded sponsors, that as employers and service providers they need to fully adhere to public health guidelines and legislation on Covid-19 emergency at all levels of restrictions including Level 5 restrictions in accordance with the Government's Resilience and Recovery Plan, which sets out which services are essential.
It continues to be the responsibility of CE sponsoring authorities and Tús and RSS implementing bodies to ensure that they have adequate insurance in place to cover the operation of their services.
Like all other employers and service providers, including those in the community sector, CE sponsoring authorities and RSS and Tús implementing bodies are facing challenges during the current emergency period. Department officials will continue to liaise with and support CE sponsoring authorities along with Tús and RSS implementing bodies throughout the current Level-5 period.
850. Deputy Claire Kerrane asked the Minister for Social Protection the rules in place for returning emigrants who sign on for a jobseeker's payment currently; if payment is withheld for two weeks; if so, the basis for this; when this measure was introduced; and if she will make a statement on the matter. [32506/20]
Amharc ar fhreagraAny customer who is unemployed may make a claim for a Jobseekers Payment whether it be Jobseeker's Benefit (subject to them having a having a record of sufficient paid or credited contributions in the relevant period) or Jobseeker's Allowance (which is subject to a means assessment and may be payable if the customer has not sufficient contributions paid or credited). A customer making a claim for Jobseeker's Allowance must also satisfy the Habitual Residence Condition.
It is also a condition for payment of Jobseeker's Benefit or Allowance that the customer must be available for work and genuinely seeking work and a Deciding Officer is obliged to take due regard of any reasonable steps taken by a customer to meet these conditions including allowing for the current restrictions in place due to the pandemic. The Deciding Officer must also take into consideration a person’s family circumstances where they are seeking employment.
Anyone applying for a Jobseeker payment in the current circumstances caused by the Covid-19 pandemic and who does not place unreasonable restrictions on their availability while seeking work will be taken to satisfy the availability and genuinely seeking work conditions. This includes returned emigrants.
Where a person is dissatisfied with the decision on their claim they can ask for a review and/or appeal the decision to the Chief Appeals Officer within 21 days.
I hope this clarifies the matter for the Deputy.
851. Deputy Jennifer Whitmore asked the Minister for Social Protection the reason persons on the pandemic unemployment payment are restricted to undergoing a night-time or online course and not a full-time day course; if her attention has been drawn to the difficulties faced by persons who have limited options available to them; the changes to the current situation under level 5 lockdown; and if she will make a statement on the matter. [32511/20]
Amharc ar fhreagraThe Department’s Back to Education Allowance (BTEA) provides income support for jobseekers and certain others in receipt of social welfare payments who pursue full-time courses of education at second or third level. The main focus of the allowance is to assist qualifying applicants to improve their educational qualifications and their prospects of gaining employment.
The BTEA has been extended as part of the July Stimulus in response to Covid-19. Ordinarily a person must be in receipt of a qualifying social welfare payment for a minimum period before being eligible to apply for the BTEA when pursuing training or education. The qualifying period has been waived for people coming from the Pandemic Unemployment Payment (PUP). This ensures that those who have lost their employment during the pandemic have immediate access to a range of educational options.
In order to avail of continued financial support while pursuing a full-time course, a person in receipt of the PUP should apply for a jobseeker payment. The BTEA is payable at the jobseekers rate. Whereas the PUP is short term in nature, the Back to Education Allowance may provide longer term income support depending on the individual’s circumstances.
Where someone in receipt of PUP wishes to pursue short term or part-time study they can continue to receive PUP while they continue to satisfy the conditions of that payment.
Any person seeking to return to education should engage with their local Intreo Centre to assess their options.
I trust this clarifies the issue for the Deputy.
852. Deputy Richard Boyd Barrett asked the Minister for Social Protection if she will address the case of a person (details supplied) in relation to a PPS number and the pandemic unemployment payment; and if she will make a statement on the matter. [32556/20]
Amharc ar fhreagraOfficials of my Department have been in contact with the individual referred to by the Deputy to confirm their correct Personal Public Service Number (PPSN) and to address the matter of any outstanding pandemic unemployment payments.
I trust this clarifies the matter for the Deputy.
853. Deputy Willie O'Dea asked the Minister for Social Protection when a statutory redundancy payment will be released for a person (details supplied) who ceased employment on 29 February 2020; and if she will make a statement on the matter. [32560/20]
Amharc ar fhreagraThe Redundancy Payments Acts provide an entitlement to a redundancy payment for employees who have at least two years’ service with their employer. The employer is responsible for paying this statutory redundancy entitlement to eligible employees.
Policy responsibility for this area transferred from my Department to the Department of Business, Enterprise and Innovation on 14th October 2020.
In situations where an employer is unable to make a statutory redundancy payment to an eligible employee, due to insolvency or financial inability to pay, the employer may make an application to this Department to pay it in the first instance under the provisions of the Redundancy Payments Scheme. The Department will then make the payment from the Social Insurance Fund on behalf of the employer and a debt will be raised against the employer for recovery of the debt to the Fund.
The Deputy will appreciate that I cannot comment on individual cases, other than to indicate that in the first instance the employee should apply directly to their employer for payment of their redundancy entitlement. If the employer is unable to make the payment, then an application signed by both employer and employee should be submitted to this Department under the Redundancy Payments Scheme. On receipt of the application the matter will be progressed.
854. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will address the case of a person (details supplied); and if she will make a statement on the matter. [32562/20]
Amharc ar fhreagraThe person concerned reached pension age on 4 September 2018. According to the records of my Department, they have a total of 906 qualifying full-rate paid contributions and 73 full-rate credited contributions from their date of entry into insurable employment on 17 January 1972 to end-December 2017. This equates to a yearly average of 23 contributions and gives them an entitlement to a standard State pension (contributory) at 85% of the maximum rate. They were notified in writing of this decision on 1 October 2018.
Under the Homemaker's Scheme, any years that an insured person spent as a homemaker since 6 April 1994 are disregarded when working out their yearly average period for a State pension (contributory). A disregard of five years was applied to this person’s pension calculation.
Since the person concerned was employed in the public sector from 1971/72 to 1986, during which period modified contributions were payable, their entitlement to a mixed insurance pro rata State pension (contributory) was also determined, based on their combined modified and full-rate social insurance records. However, their rate of pension entitlement was lower than their current standard rate of pension. Their public sector employment record was recently reviewed as requested by the person concerned, but their rate of entitlement to a mixed insurance pro rata pension remains lower than their current standard rate of pension. They were notified in writing of this decision on 21 October 2020.
An interim Total Contributions Approach (TCA) was introduced in January 2018 as an alternative to the ‘yearly average’ method of calculating pension entitlement for those State pension (contributory) customers born on or after 1 September 1946 and therefore affected by post-2012 Budget pension rates. The TCA provides for up to 20 years of HomeCaring Periods in their pension entitlement calculation for applicants who took time out of the workplace for parenting or caring duties.
When the person’s State pension (contributory) was reviewed under this approach, they were awarded 603 HomeCaring Periods. However, their rate of pension entitlement would still be lower than their current standard pension rate. They were notified in writing of this decision on 12 June 2019.
Accordingly, the person concerned is in receipt of the correct rate of State pension (contributory), commensurate with their social insurance record as held by my Department.
I hope this clarifies the position for the Deputy.
855. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of eligibility for carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [32567/20]
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 10 June 2020.
Additional information in relation to the person’s financial information was requested by a Deciding Officer (DO) on 15 June 2020. A response to this information request was received on 24 June 2020. Following this, further information was requested in relation to the person’s financial information on 25 June 2020. A response to this information request was received on 13 July 2020.
Following receipt of this information it was determined that the matter should be referred to a local social welfare inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of CA are satisfied.
On foot of the SWI report the DO decided that although the person concerned is providing a certain amount of care, the level involved did not amount to full-time care. Therefore, her application for CA was disallowed.
The person concerned was notified on 9 October 2020 of this decision, the reasons for it and of her right of review and appeal.
The person concerned requested a review of this decision on 19 October 2020 and submitted additional evidence in support of her application.
Following this review the decision has remained unchanged.
The person concerned was notified on 22 October 2020 of this decision, the reason for it and of her right of appeal.
I hope this clarifies the position for the Deputy.
856. Deputy Richard Boyd Barrett asked the Minister for Social Protection if a person in receipt of a jobseeker's payment who has applied for and been accepted for a community employment scheme can and should be pursued by Turas Nua simultaneously so as to be removed from social protection payments of any kind and return to work; and if she will make a statement on the matter. [32572/20]
Amharc ar fhreagraAs the Deputy will be aware the primary goal of my Department’s activation services including the JobPath service, is to move people from full-time and part-time unemployment to full-time and sustained employment.
Once a jobseeker is referred to JobPath, they must complete the requisite time with the service. This is necessary to allow the jobseeker to get the optimum benefit and it allows the JobPath service providers sufficient time to work with the jobseeker to develop skills and competencies.
From the 1st June 2018, persons availing of the JobPath service may also participle on CE or Tús Schemes, thus facilitating the combination of the strengths of the two programmes. In particular, it enables those people with the JobPath service to not only continue to receive the personalised employment counselling and job search support provided by their JobPath personal advisors but also to avail of a CE or Tús placement which provides valuable occupational activity and work experience.
This facilitates the combination of the strengths of the two programmes - by enabling those people with the JobPath service who also avail of a CE or Tús placement to benefit from the job-seeking support of their JobPath personal advisor while also availing of a part-time work placement provided by Tús, or a quality training and development opportunity provided by a CE scheme.
The JobPath service is adapted to cater for those who opt to take up CE or Tús schemes and all meetings and activities are scheduled to take account of the Scheme commitments. For example if a person is committed to participate in the employment scheme for 5 mornings, any JobPath meetings and other interventions will be scheduled for the afternoons. The JobPath companies will continue to provide all the supports which it currently provides. CE and Tús providers do not have to make any changes to their operations.
857. Deputy Ged Nash asked the Minister for Social Protection when a decision will be reached on the provision of pandemic unemployment payment support to a person (details supplied); and if she will make a statement on the matter. [32580/20]
Amharc ar fhreagraThe person concerned has had their Pandemic Unemployment Payment awarded on 22/10/2020. The payment will have issued to the person's preferred bank account week commencing 26/10/2020.
I trust this clarifies the matter for the Deputy.
858. Deputy Eoin Ó Broin asked the Minister for Social Protection if a person in receipt of family income supplement and the pandemic unemployment payment has their family income supplement renewed, if her Department has been instructed to withdraw the family income supplement as the person was not in employment at the time of the renewal or if they can have their family income supplement payment renewed while still on the pandemic unemployment payment. [32593/20]
Amharc ar fhreagraWorking Family Payment (WFP) is an in-work payment which provides additional financial support to employees on low earnings with children. In order to qualify for WFP, the applicant or the applicant and their spouse, partner or cohabitant must be engaged in employment as an employee for not less than 38 hours per fortnight. This condition must be satisfied on an ongoing basis. Once awarded, WFP is payable for 52 weeks. At the end of the 52 week period the customer must reapply.
If a WFP customer is temporarily laid off due to the Covid pandemic and is awarded PUP the WFP will continue along with PUP until the end of the 52 week award period.
If a WFP customer is temporarily laid off due to Covid at the time of reapplication, then they can still have their WFP claim assessed and awarded while continuing to receive PUP.
However if a customer has ceased employment permanently at the time of reapplication then they would not have an entitlement to have their WFP renewed. In such cases, they may continue to receive the PUP, or may be entitled to another income support payment from the Department.
I trust this clarifies the matter.
859. Deputy Cathal Crowe asked the Minister for Social Protection if a person (details supplied) will be considered eligible for upskilling in view of the level 5 restrictions. [32594/20]
Amharc ar fhreagraThe person concerned is in receipt of the Pandemic Unemployment Payment ( PUP)
A PUP recipient seeking access to a full-time Further Education and Training course (FET) is required to establish an entitlement to a qualifying social welfare weekly payment, generally a Jobseekers payment. The training allowance will be set at the level of the jobseekers payment. Any qualifying period for full-time FET courses is waived for those coming off the Pandemic Unemployment Payment. When the Jobseekers claim is authorised the Pandemic Unemployment Payment claim must be closed.
The person concerned was contacted by a Case Officer and advised of the process to establish an entitlement to a qualifying social welfare payment. The person concerned was unwilling to apply for a Jobseekers payment. The Intreo Centre will progress an application for Jobseekers payment should the person concerned decide to make an application.
860. Deputy Seán Haughey asked the Minister for Social Protection if she will amend legislation to ensure that new applicants for jobseeker's benefit who were in receipt of carer’s allowance and worked one day a week in the governing tax year are not adversely affected by giving them a lower rate of payment; and if she will make a statement on the matter. [32621/20]
Amharc ar fhreagraJobseeker’s benefit is a weekly payment for people who have lost employment and are covered by social insurance.
Since the extension of full social insurance cover to part-time workers from April 1991, a range of measures were introduced to the jobseekers benefit scheme in order to ensure that disincentives to employment were not created. In the absence of these measures, a situation would exist whereby many workers on low incomes would have access to weekly social welfare benefit payments in excess of their income from employment.
To overcome the potential disincentives involved, the rate of benefit payable is amended according to the level of the claimant’s earnings. The maximum weekly personal rate is €203 where a person had average weekly earnings of €300 or more in the Governing Contribution Year, which is 2018 for claims made in 2020. Where a person had average weekly earnings of between €220 and €299 the rate is €159. Where the average weekly earnings were between €150 and €219.99 they will receive €131 and where a person had average weekly earnings of less than €150 they receive €91.10 per week.
Where a person is not entitled to jobseekers benefit or has an entitlement to a lower graduated rate they can opt to apply for jobseeker’s allowance which is a means tested payment. Depending on the persons means they may be entitled to the maximum personal rate of jobseekers allowance which is the same as the maximum personal rate of jobseekers benefit.
There are no plans at this time to amend these long standing arrangements.
I trust that this clarifies the position for the Deputy.
861. Deputy Paul Murphy asked the Minister for Social Protection if persons can collect social welfare payments such as jobseeker’s allowance on a fortnightly basis rather than weekly, as was provided for during the previous period of high-level Covid-19 restrictions. [32626/20]
Amharc ar fhreagraFortnightly payments were introduced by my Department to assist with social distancing measures in the context of the current pandemic.
Within any particular scheme, it is not possible to introduce different payment cycles for different individuals or for different categories of individual. All payments on each scheme, whether by collecting cash at the post office or depositing money directly into someone’s bank account, have to be processed in the same way.
I have also listened to concerns expressed by groups such as St Vincent De Paul around the difficulties presented to our customers, including our most vulnerable, in trying to manage money on a fortnightly basis.
In this context, I announced that all weekly social welfare payments which had been moved to a fortnightly schedule from the end of March would be fully restored to being paid weekly with effect from Monday, 2nd November 2020.
It should be noted that the period of time in which cash payments have to be collected at post offices has been considerably extended. The purpose of this change is to allow people the choice of continuing to collect payments on a fortnightly basis should they so wish in order to minimise the number of times they attend and queue in banks or post offices.
If any person has received an expired payments letter, they should contact my Department so that their social welfare payment can be reinstated.
For the duration of the pandemic, alternative payment arrangements, such as the option to have one’s payment made directly into a current account by electronic fund transfer (EFT), are accommodated at the request of a customer to the Department. This allows for the payment to be paid directly into a current account in any financial institution, whether that be with An Post, a bank or a credit union. An Post has been kept informed of this initiative.
Finally, the rules around nominating agents to collect social welfare payments at post offices have also been changed to allow for more agent collections, whereby customers can nominate a trusted individual to collect a payment on their behalf.
862. Deputy Ged Nash asked the Minister for Social Protection if an EU citizen who is resident in the State for over five years is deemed to meet the habitual residence condition for receipt of a non-contributory pension, as laid down in social welfare legislation; and if she will make a statement on the matter. [32650/20]
Amharc ar fhreagraThe Habitual Residency Condition (HRC) is a condition that one must satisfy in order to be eligible for most means tested social welfare payments in Ireland including the State Pension (Non-Contributory). It applies to both Irish citizens and Non-Irish citizens.
Deciding Officers, when determining whether a person is habitually resident for social protection purposes, must take into consideration all of the person’s circumstances including the following -
Whether or not the person has a right to reside in the State; and
5 factors under Section 246 (4) of the Social Welfare Consolidation Act 2005, as amended, i.e.:
- the length and continuity of residence in Ireland or in any other particular country
- the length and purpose of any absence from Ireland
- the nature and pattern of the person’s employment
- the person’s main centre of interest
- the future intentions of the person concerned as they appear from all the circumstances.
It should be noted that those 5 factors are not exclusive and other information considered relevant may also be used in arriving at a decision.
Unless a person satisfies both parts of the condition they cannot be regarded as habitually resident in this country.
There is no minimum period of residence in the State required to satisfy HRC.
Each person’s claim is considered on its own merits and within the terms of the relevant scheme guidelines.
I hope this clarifies the matter for the Deputy.
863. Deputy Ged Nash asked the Minister for Social Protection if a person who was self-employed, pays tax but does not make PRSI contributions is eligible for the pandemic unemployment payment; and if she will make a statement on the matter. [32651/20]
Amharc ar fhreagraThe Covid-19 Pandemic Unemployment Payment is a statutory benefit provided for in the Social Welfare (Covid-19) (Amendment) Act 2020. The scheme is available to a self-employed person of working age who is a self-employed contributor and has suffered a reduction in their trading income as a consequence of the pandemic to the extent that they are available for full time work.
A social insurance contribution record is based largely on contributions paid into the social insurance system from a person in either employment or self-employment – with allowance made for periods spent out of the workforce through unemployment, illness and/or caring responsibilities. The social insurance system links access to social protection directly to participation in the labour force and thereby provides an effective mechanism for financing social protection through the collection of contributions based on earnings or income.
Where a person is not a self-employed contributor, they may be eligible for support under the means tested jobseeker's allowance.
I trust that this clarifies the position at this time.
