Written Answers Nos. 608-625
608. Deputy Bernard J. Durkan asked the Minister for Social Protection if a decision to refuse an application for the back to education allowance in the case of a person (details supplied) can be reviewed with particular reference to the fact they applied for the course within 14 days of the start date and also had to previously defer on medical grounds; and if she will make a statement on the matter. [52778/21]
Amharc ar fhreagraThe person concerned was awarded a Jobseeker's Allowance (JA) payment from 31/08/2021. He made an application for a Back to Education Allowance (BTEA) on 30/09/2021 to pursue the 4th year of a Computer Science degree which had commenced in Maynooth University on 22/09/2021.
The person concerned was refused BTEA as he was not in receipt of a qualifying payment for a minimum of 9 months and was not entering the 1st year of a course of study. The person concerned was advised of this decision on 01/10/2021 and afforded the opportunity to request a review. The person concerned subsequently requested a review and as he was not entering the 1st year of a course of study, the original decision to refuse his application was upheld.
The decision to refuse BTEA was not based on the application date or a previous deferral on medical grounds.
Maynooth University may be able to advise the person concerned on other ways of completing this course on a part-time basis. The person concerned may qualify for the Part-Time Education Option which would allow him retain JA while attending a part-time course.
It is open to the person concerned to meet with a Case Officer in the Maynooth Employment Services office who can provide him with information on other options available to him.
I trust this clarifies the matter.
609. Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection if the case of a person (details supplied) will be examined; if such persons could be offered an extension of offer and employment similar to those extensions for persons who were in community employment schemes when the pandemic hit; and if she will make a statement on the matter. [52902/21]
Amharc ar fhreagraMy Department provides a range of employment support schemes including Community Employment (CE). These supports are specifically targeted at those people who have been unemployed for 12 months or more and in receipt of a qualifying payment.
The aim of CE is to enhance the employability of disadvantaged and long-term unemployed people by providing valuable work experience opportunities. CE also provides training supports for participants.
A person must meet the eligibility criteria before they can commence on CE including being in receipt of a qualifying payment.
An official from my Department's Community Employment Programme Unit contacted the Sponsors of the CE scheme and clarified that they had made an offer of a CE placement to the person concerned in April 2020. However, at the time this offer had not been sent to my Department for verification of the person’s eligibility as would be the normal practice.
After the offer was made by the Sponsor the scheme closed due to the COVID-19 pandemic and the scheme was unable to recruit new participants due to social distancing requirements.
The person concerned has been signing for Jobseekers Credits since 05/05/2020. Unfortunately, she is not eligible to apply for a CE placement as she is not currently in receipt of a qualifying payment.
It is open to the person concerned to contact the Activation services in Kilbarrack at kilbarrackactivation@welfare.ie where arrangements can be made for her to meet with a Case Officer to discuss other employment and/or training opportunities open to her.
I trust this clarifies the matter.
610. Deputy Joe Flaherty asked the Minister for Social Protection the recourse there will be for partners of persons who are high risk and who cannot go back to work due to putting their partners at risk with current Covid-19 positivity rates so high at present when the pandemic unemployment payment ceases. [52905/21]
Amharc ar fhreagraIn the first instance it should be stated that there is an onus on employers to adhere to the relevant public health guidelines and protocols to protect their employees and prevent the spread of the Covid-19 virus.
There are a range of flexible work options that may be available to an employee in the situation outlined by the Deputy. Employers may allow their employees to work from home, rearrange annual leave or take paid time off that can be worked back at a later time. Where it is not possible to make appropriate compassionate leave arrangements, employees may be able to avail of some statutory entitlements including force majeure leave or carer's leave together with carer's benefit or carer's allowance.
The means tested Supplementary Welfare Allowance Scheme administered by the Community Welfare Service is also available to any person who may be experiencing financial hardship. Supports provided under the scheme include Supplements and Exceptional or Urgent Needs Payments.
I trust that this clarifies the position for the Deputy at this time.
611. Deputy Michael Collins asked the Minister for Social Protection if she will address a matter regarding the case of a person (details supplied); and if she will make a statement on the matter. [53085/21]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 18 March 2021.
Under social welfare legislation the decision of the Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the appeal decision on foot of this additional evidence.
The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of his earlier decision. However, I have been informed by the Social Welfare Appeals Office that the letter which was sent to the person concerned to notify her of this outcome, while addressed to her, included no content referring to her and instead, erroneously contained personal data relating to another person. The Appeals Office wrote to the person concerned on 27 October 2021 to sincerely apologise for this error with assurances that her own personal data was not sent to anyone else. The person concerned was also advised that, in line with their procedures, the Appeals Office had notified the Department's Data Protection Unit of what had occurred and the Department had subsequently advised the Office of the Data Commissioner of the incident.
The Social Welfare Appeals Office takes its responsibilities in relation to data protection very seriously and every effort is made to ensure that appellants' data is held securely at all times. Staff of the office have been reminded of their responsibilities in ensuring that their appellants' data is kept secure and that errors of this nature do not occur in the future.
In its correspondence of 27 October 2021 to the person concerned the Appeals Office apologised unreservedly for the error, for any distress or upset it may have caused and for the considerable amount of time it had taken to respond to the issue. This correspondence also provided the person concerned with the outcome of the Appeals Officer's review of his original decision. The correspondence noted that it is open to the person concerned to reapply for the carer's allowance based on evidence she has provided which would apply subsequent to the date of the original application.
The Social Welfare Appeals Office also issued a letter of apology to the Deputy on 28 October 2021 for its error in relation to the correspondence to the person concerned and the delay in responding to the matter.
The Social Welfare Appeals Office functions independently of the Minister for 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.
612. Deputy Cathal Crowe asked the Minister for Social Protection if measures are being considered to support workers who remain on the pandemic unemployment payment for the foreseeable future who are concerned about keeping up with their life expenses on a lower rate of income as pandemic unemployment payment rates decrease over the coming months. [53113/21]
Amharc ar fhreagraThe Pandemic Unemployment Payment (PUP) was introduced as an emergency measure, in the exceptional circumstances of Covid-19, to support customers unable to work due to the Government mandated public health restrictions. To date expenditure on the scheme is almost €8.86 billion. The gradual lifting of restrictions and success of the vaccine programme has led to an 85% reduction in the number of recipients of the payment since the peak of the pandemic in May last year. This reduction shows that the need for exceptional measures has diminished and it is important in the interest of fairness and sustainability to return to standard social welfare terms.
In line with the Government’s Economic Recovery Plan, changes have been introduced to the PUP rate to reduce the payment over a gradual period back to standard jobseekers terms. With effect from payments on 14th of September, the payment rates are now €300, €250 and €203. Further rate changes will take place from 16th November 2021 and 8th February 2022. As customers go on to the €203 rate, they will move to jobseekers terms. This measure ensures equity of treatment with those who lost their employment before Covid restrictions and those who have lost it since 8 July when the PUP scheme closed to new applicants.
Customers currently receiving the €203 rate of payment will already have been contacted by my Department in relation to their transition from PUP. They have been advised that they will continue to receive PUP until 9th November and will then have the option of qualifying for a Jobseekers payment if they are eligible. Where an application for means tested Jobseeker's Allowance is submitted, the PUP will remain in payment until entitlement to Jobseeker's Allowance is determined while those entitled to social insurance contribution based Jobseeker's Benefit will transfer automatically to the payment after 9th November.
The current maximum weekly personal rate for the Jobseekers schemes is €203 . As part of Budget 2022 I secured an increase of €5 per week in the payment rates for the Jobseekers schemes. With effect from 4th January the maximum personal rates will increase to €208 and proportionate increases will apply to the qualifying adult and child rates.
Over the course of these changes, the Department will offer PUP recipients supports to assist them to return to employment at the earliest opportunity. These may include individualised meetings through the local Intreo centre where support will be provided with Jobsearching or referral to further education or training. The recently launched Pathways to Work Strategy also provides a range of targeted employment and training supports. These include the provision of 50,000 further education and training places, 10,000 apprenticeships and the new Work Placement Experience Programme (WPEP) for customers who have been unemployed for more than 6 months. Participants on WPEP are paid €306 per week and increases are paid for qualified adults and children.
Additional targeted income supports are provided by my Department for individuals who are experiencing financial difficulties, under the means tested Supplementary Welfare Allowance Scheme. These include Rent Supplement, Fuel Allowance and Urgent and Exceptional Needs payments where appropriate.
Although Fuel Allowance is not payable to those in receipt of PUP, time spent on PUP may count towards qualification periods for customers receiving a qualifying payment, for example Jobseeker's Allowance. Fuel Allowance is payable to qualifying customers who have been getting Jobseeker's Allowance for more than 390 days. If a customer has come directly from PUP to Jobseeker's Allowance, then the PUP duration for both 2020 and 2021 can be considered for the purposes of Fuel Allowance eligibility. As part of Budget 2022 a €5 increase was applied to the basic weekly rate of fuel allowance bringing the weekly rate of Fuel Allowance to €33 with effect from payments made on 1st November.
The Money Advice and Budgeting Service (MABS), under the aegis of the Citizens Information Board, also continues to provide assistance to people, in particular those on low incomes or in receipt of social welfare payments, who are over-indebted and need help and advice with debt problems. As part of its free services, MABS provides help and advice to those in mortgage arrears.
I hope that this clarifies the position for the Deputy at this time.
613. Deputy Michael Healy-Rae asked the Minister for Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [53114/21]
Amharc ar fhreagraThe decision in the case of the debt on the Jobseeker's Allowance claim of the person concerned has been reviewed by an authorised Officer of the Department on receipt of your correspondence. Following this review and consideration of the circumstances of the case a decision has been taken to write off the debt. The person concerned will be informed in writing of this decision on 1st November 2021.
I trust this clarifies the matter to your satisfaction.
614. Deputy Claire Kerrane asked the Minister for Social Protection the date on which the 2021 Christmas bonus will be paid. [53121/21]
Amharc ar fhreagraI was pleased to announce that a 100% Christmas Bonus will be paid this year to recipients of long-term social welfare payments (with a minimum payment of €20).
The Bonus will be paid December 2021. Over 1.4 million people will benefit, including pensioners, people with disabilities, carers, lone parents and the long-term unemployed. I will be announcing the dates of payment in the coming weeks.
615. Deputy Mary Lou McDonald asked the Minister for Social Protection the number of existing contracts of an indefinite period entered into by her Department prior to the enactment of the EU Procurement Directive. [53237/21]
Amharc ar fhreagraThe procurement of supplies and services is essential to support my Department in providing high quality services to the public, in a cost effective and efficient manner. My Department ensures that there is an appropriate focus on good practice in purchasing and that procedures are in place to ensure compliance with all relevant guidelines.
48 Local Development Companies (referred to as Implementing Bodies) and Údarás na Gaeltachta deliver a number of employment support programmes on behalf of the Department; these contracts are reviewed by the Department on an ongoing basis.
In addition, there are 15 contracts for ICT software and licenses which are proprietary in nature and in respect of aged legacy technology where only one supplier is available. These contracts are also reviewed on an ongoing basis and will cease when the ongoing programme of migration from these legacy technologies completes.
616. Deputy Paul McAuliffe asked the Minister for Social Protection if she will review the case of a person (details supplied). [53262/21]
Amharc ar fhreagraMy Department is currently investigating the matter and the background of the overpayment to the person concerned. My Department will revert to you when the investigation has been completed.
617. Deputy Rose Conway-Walsh asked the Minister for Social Protection if long-Covid will be considered for inclusion on the list of prescribed diseases for the occupational injuries benefit scheme; and if she will make a statement on the matter. [53311/21]
Amharc ar fhreagraThe Department of Social Protection operates the Occupational Injuries Benefit Scheme which is a group of benefits for people injured or incapacitated by an accident at work or while travelling directly to or from work. The scheme also covers people who have contracted a disease as a result of the type of work they do. There are a number of benefits available and there are different conditions attached to each benefit. The benefits include: Injury Benefit, Disablement Benefit, Incapacity Supplement, Constant Attendance Allowance and the Medical Care Scheme.
Covid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005. Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that—
(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and
(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
I do not intend adding Covid-19 or people suffering long-term effects of Covid-19 to the list of prescribed diseases as they do not meet the criteria as laid down in the Act.
It should be noted that my Department provides a suite of income supports for those who are unable to work due to an illness or disability. Entitlement to these supports is not contingent on the nature of the illness/disability but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.
In a case where a person continues to be ill with Covid-19 beyond 10 weeks, standard Illness Benefit may be paid for an extended period, based on the person’s continued eligibility. Illness Benefit is the primary income support payment for people who are unable to attend work due to illness of any type. Additional payments may also be made in respect of a qualified adult and qualifying children. My Department spent a total of €4.7 billion on illness, disability and caring payments in 2020.
Apart from these income supports, my Department also provides means tested supports under the Supplementary Welfare Allowance scheme for people who are ill but who do not qualify for Illness Benefit. The Department may also make an exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from their weekly income.
I trust this clarifies the matter.
618. Deputy Michael Healy-Rae asked the Minister for Social Protection if a carer’s allowance application by a person (details supplied) will be expedited; and if she will make a statement on the matter. [53350/21]
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 25 August 2021.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.
Additional information was requested on 17 September 2021 by a deciding officer regarding her rate of pay and hours of employment, with a reminder letter issuing on 11 October 2021
Upon receipt of the requested information the application for CA was disallowed on the grounds that person concerned was working for more than 18.5 hour per week.
The person concerned was notified on 19 October 2021 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the position for the Deputy.
619. Deputy Holly Cairns asked the Minister for Social Protection if she will amend the requirements of the supplementary welfare allowance assistance towards funeral expenses to ensure that the parents of stillborn children are given financial support. [53368/21]
Amharc ar fhreagra620. Deputy Holly Cairns asked the Minister for Social Protection her views on introducing a scheme that would cover the cost of burials and cremations for the families of deceased children, including still-born children similar to a model in the UK (details supplied). [53369/21]
Amharc ar fhreagraI propose to take Questions Nos. 619 and 620 together.
Under the supplementary welfare allowance scheme, the Department may make an exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from their weekly income.
An application can be made under the ENP scheme for assistance with funeral and burial expenses where there is an inability to pay these costs, in part or in full, by the family of the deceased person without causing hardship. Antepartum deaths are not excluded from the provision of support for funeral and burial expanses under this scheme.
An ENP is a means tested payment payable 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.
Should the Deputy be aware of a case which may require an ENP to assist with the cost of a funeral, the family should be advised to contact the Community Welfare Service at their local Intreo Centre who may be able to offer assistance. There is a national Income Support Helpline in place (0818800024) which will direct callers to the appropriate office.
I trust this clarifies the matter for the Deputy.
621. Deputy Holly Cairns asked the Minister for Social Protection the steps she is taking to amend the legislation concerning the stillbirth register to enable bereaved parents opt out of the privacy requirement if they so wish. [53370/21]
Amharc ar fhreagra623. Deputy Holly Cairns asked the Minister for Social Protection the steps she is taking to amend the legislation to enable bereaved parents whose pre-born child died before 24 weeks' gestation or who weighed below 500g be registered and issued with a death certificate. [53372/21]
Amharc ar fhreagraI propose to take Questions Nos. 621 and 623 together.
The General Register Office (GRO) is currently undertaking an examination of the current registration provisions for Stillbirths. This examination is seeking to establish what changes, if any, are required with respect to the current criteria; to consider the voluntary or mandatory nature of registration; to consider the issue of access to the register, including the matters referenced in the questions; and to consider what provision, if any, can be made for registration where the current criteria do not apply.
I am advised that the GRO hope to in a position to consult with a range of advocacy groups and others with an interest in these matters before the end of the year with a view to making proposals to me early next year.
I am acutely aware of the arguments for the need to update the current registration framework to align with both evolving medical and international practice and I am also very conscious of the balance that will have to be struck arising from the keen sensitivities that attach to legislating in this area, I am sure the Deputy appreciates these sensitivities and I would welcome her input to the consultation by the GRO.
622. Deputy Holly Cairns asked the Minister for Social Protection the steps she is taking to amend the legislation concerning the stillbirth register to enable bereaved parents whose deceased child or children that are currently listed on the stillbirth register to be given the opportunity to have their child or children placed on the birth and death register instead and to receive a birth and death certificate for their children. [53371/21]
Amharc ar fhreagraThe Deputy will, I expect, share my concerns about the sensitivities of introducing legislative change in relation to stillbirth registration. The death of a baby before birth is a terrible loss to the parents and may not necessarily be a bereavement that they would wish to share with other people. In legislating in this area, I am conscious of the need to represent the broadest set of views.
Registration of stillbirths in this country largely reflects international practice, with the exception that registration is voluntary and is not published in a public register. At this stage, I would be reluctant to depart from the broad framework for registration that has been established or to depart from international practice.
I know and appreciate that some parents would like to see a change in the law, but I am not convinced that the change you are proposing in the question would serve the needs of parents more generally. The Deputy may wish to note that of the stillbirths that occur annually, fewer than half of these are registered. I would not wish to remove this element of choice from parents.
As I have already informed the Deputy, the General Register Office (GRO) is currently examining how the legislation for registering stillbirths could be updated. Any proposals that emerge from this examination will be subject to consultation with a range of advocacy groups and others with an interest in these matters. The GRO has indicated that it would like to see consultations commenced before the end of the year with a view to making proposals for Government to consider what appropriate legislative provision might be made.
I hope the Deputy will engage in this consultation process when it is launched.
624. Deputy Holly Cairns asked the Minister for Social Protection her views on increasing the amount of capital excluded in the calculation of eligibility for the fuel allowance for persons on qualifying social assistance payments. [53374/21]
Amharc ar fhreagraThe Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 each year) from October to April, to 365,000 low income households, at an estimated cost of €300 million in 2021. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.
The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. It is important to note that all recipients of non-contributory social assistance payments are accepted as satisfying the means-test for fuel. People who are in receipt of a qualifying contributory payment must also satisfy a means test.
The standard capital means assessment rules for State Pension (Contributory) purposes apply to Fuel Allowance applicants who have capital. This allows for the disregard of the first €20,000 of capital that is assessed against an applicant.
A fuel applicant and members of his/her household may have a combined assessable income of up to €100.00 a week above the appropriate rate of State Pension Contributory (i.e., equivalent to capital/savings of €57,999) and qualify for a payment. This ensures that the fuel allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.
In Budget 2022 I announced that from January 2022 that the combined assessable income allowable will increase to €120 a week above the appropriate rate of State Pension Contributory (i.e., equivalent to capital/savings of €62,999).
Therefore, taking the above into consideration, any decision to further increase the fuel allowance means test by increasing the amount of capital that is disregarded could only be considered in the overall budgetary context and the availability of financial resources.
I hope this clarifies the matter for the Deputy.
625. Deputy Mick Barry asked the Minister for Social Protection the reason persons under 25 years of age who are living independently and are in emergency homeless accommodation are not entitled to the full rate of jobseeker's payments; if a commitment will be given to treat these cohorts in the same way as those who are in receipt of HAP or RAS; and if she will make a statement on the matter. [53402/21]
Amharc ar fhreagraAge related reduced rates for young Jobseekers allowance recipients were introduced in 2009 in line with other EU and OECD jurisdictions, to address the issue of high youth unemployment by incentivising them to participate in employment, education and training programmes. The rate of payment is €112.70 per week for young jobseekers aged between 18 and 24 year olds; however it increases to the maximum personal rate of €203 if they participate on an education or training programme. Furthermore, if they participate on the new Work Placement Experience Programme, their weekly rate is increased to €306.
In Budget 2022 I secured an increase of €5 per week in the core weekly social welfare payments which means that the weekly rate of payment for those young jobseekers on a reduced rate will increase to €117.70 from 3 January 2022. The weekly rate of WPEP will also increase to €311.
Reduced rates do not apply to Jobseekers under 25 years of age who have qualified children or those who were in care of the HSE immediately before they turned 18.
A person aged between 18 and 24 is also entitled to an exemption from the reduced rates if they are living independently of the family home and are in receipt of state housing supports. They must be in receipt of either rent supplement, housing assistance payment (HAP), Rent Accommodation Scheme (RAS), local authority housing or living permanently in accommodation provided by a local authority approved housing body to qualify for an exemption from the reduced rates. This exemption was introduced in Budget 2020 in recognition that the residual income of young people on age-related reduced rates after paying the minimum contribution payments on Rent Supplement, HAP and Local Authority Differential Rent was significantly lower than those aged 25 and over on other social assistance payments. The measure seeks to enable those young jobseekers in receipt of the specified State housing supports to retain their independent living by avoiding hardship and a loss of tenancy.
My Department engages in inter-agency responses to homelessness through its engagement with Tusla, the HSE and non-Government organisations to provide the necessary support to all vulnerable people including young people who are experiencing homelessness or are in insecure situations.
Young people in these circumstances should contact the Community Welfare Service in the local Intreo centre where they can access support under the Supplementary Welfare Allowance Scheme which may include supplements, depending on the specific circumstances involved.
I trust that this clarifies the position for the Deputy at this time.
