Tuesday, 1 Feb 2022

Written Answers Nos. 531-550

Pension Provisions

Ceisteanna (531)

Seán Sherlock

Ceist:

531. Deputy Sean Sherlock asked the Minister for Social Protection if she will review the case of a person (details supplied). [4281/22]

Freagraí scríofa

Minister for Social Protection

According to the records of my Department, the person concerned reached pension age on 17 June 2020. The person was invited to apply for State pension (contributory) on 25 January 2020 but has not yet applied for this pension. They are currently on another social welfare payment at maximum rate.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. Factors such as an individual’s social insurance record, their attachment to the workforce, and their countries of employment affect the rate of pension entitlement.

I have arranged for a copy of the person’s social insurance contribution record to issue to them, together with an application form for State pension (contributory). On receipt of a completed application, the person’s State pension (contributory) entitlement can be examined by a Deciding Officer and they will be notified of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (532)

Willie O'Dea

Ceist:

532. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made in relation to a working family payment application by a person (details supplied); and if she will make a statement on the matter. [4282/22]

Freagraí scríofa

Minister for Social Protection

Working Family Payment (WFP) is an income tested, in work payment which provides additional financial support to employees on low earnings relative to the number of qualified children. In order to qualify for WFP an applicant's weekly family income must not exceed the fixed limit for their family size.

An online application for WFP was received from the person concerned on 07 July 2021.

An officer subsequently wrote to the person concerned to request additional information (payslips for July 2021) Following receipt of the above requested information their application was disallowed on 08 September 2021 as their weekly family income exceeded the fixed limit for their family size. (2 qualified children)

The person concerned requested a review of the Department's decision of 8 September 2021.

A review of the above decision was completed taking account of information provided by the person concerned and employment income information. A Deciding Officer found that there were no grounds to revise the original decision and upheld the decision of 8 September 2021.

The person concerned was notified of the outcome of the review on 25 January 2022 and of their right of further review and appeal to the independent Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (533)

Claire Kerrane

Ceist:

533. Deputy Claire Kerrane asked the Minister for Social Protection the precise provisions in primary legislation which enable the introduction and extension of the households benefit package scheme; if she will provide details on the relevant ministerial announcements and ministerial orders with regard to the scheme; and if she will make a statement on the matter. [4288/22]

Freagraí scríofa

Minister for Social Protection

The household benefits package (HHB) comprises the electricity or gas allowance, and the free television licence. The package is generally available to people living in the State aged 66 years or over, who are in receipt of a social welfare type payment or who satisfy a means test. The package is also available to some people under the age of 66 who are in receipt of certain welfare type payments.

The HHB scheme is an administrative, non-statutory scheme and is not governed by legislation. The scheme was introduced and extended by Ministerial Announcement.

Where changes to non-statutory schemes have a cost component they are generally made in the context of the Budget and the changes announced as part of the Budget speech. A recent example of this would be the announcement in Budget 2020 of the change to the qualifying criteria of the HHB package for people under age 70 to allow for another adult to reside in the household. These Ministerial announcements at Budget time are publicly available.

Non-statutory schemes are governed by guidelines which set out the conditions of entitlement in detail. These guidelines are published on the Gov.ie website. As schemes are changed, the published guidelines are amended accordingly. Decisions in relation to applications for non-statutory schemes are made by Officers of my Department based on these published guidelines.

The HHB operational guidelines were recently amended to reflect the fact that changes are made by “Ministerial Announcement” rather than “Ministerial Order”, as this was deemed a more accurate description of the process and in line with the description provided in the guidelines of other non-statutory schemes such as the Free Travel scheme. There has been no change in how the scheme is administered.

I trust that this clarifies the matter for the Deputy.

Ministerial Responsibilities

Ceisteanna (534)

Claire Kerrane

Ceist:

534. Deputy Claire Kerrane asked the Minister for Social Protection if she will provide an explanation of the difference between a ministerial order and a ministerial announcement; and if she will make a statement on the matter. [4289/22]

Freagraí scríofa

Minister for Social Protection

The Deputy will be aware that an Act (primary legislation) can delegate powers to a Government Minister to legislate in day-to-day matters arising from that Act. Secondary legislation must be consistent with, and based on, the legislation adopted by the Oireachtas. If it is not, it can be overturned by the courts.

Statutory Instruments can take the form of Ministerial Orders, Regulations and bye laws.

Some Acts provide for a Minister to decide when to bring certain provisions them into force. Such provisions can be commenced by Ministerial Order.

In contrast, Ministerial announcements are generally made in relation to non-statutory schemes.

I understand that the Deputy’s query in relation to the Household Benefits Scheme has been answered in PQ 4288/22.

Covid-19 Pandemic Supports

Ceisteanna (535)

Brendan Griffin

Ceist:

535. Deputy Brendan Griffin asked the Minister for Social Protection the supports that are in place or will be put in place for persons (details supplied) who lost their jobs in March 2020 due to Covid-19 and are over 66 years of age and are unable to apply for the pandemic unemployment payment due to their age; and if she will make a statement on the matter. [4291/22]

Freagraí scríofa

Minister for Social Protection

The Pandemic Unemployment Payment (PUP) is a statutory scheme payable to employees and self- employed persons who are aged between 18 years and up to pension age, 66 years, who lost employment as a direct consequence of Covid-19 and satisfy the scheme’s qualifying conditions. Much of the conditionality for PUP, including the age condition, is aligned with that paid under the Jobseekers supports.

The PUP scheme is currently closed to new applicants and in line with normal arrangements, anyone under pension age who loses their employment is advised to apply for Jobseekers support.

People aged 66 years and over are provided for through the State Pension Contributory which is paid to those who have sufficient paid social insurance contributions from employment or self- employment, or the means tested non-contributory State Pension.

A person aged over 66 who is in employment may retain their State Pension and employment income. Where an individual does not have the required number of contributions to receive the maximum rate of State Pension Contributory, they may qualify for an increased rate of non- contributory State Pension, depending on their circumstances.

Persons in receipt of the non-contributory or means-tested pension who are also in receipt of an employment income may have their pension payment increased if they lose that employment income or if that employment income is reduced. Similarly if a person aged over 66 who did not previously qualify for a means-tested pension may qualify for a pension payment if their circumstances change, including if they lose any employment income or if that employment income is reduced.

People aged 66 and over may also be entitled to ancillary supports which include free travel, fuel allowance, household benefits package for gas or electricity costs and living alone allowance.

The Supplementary Welfare Allowance Scheme is also available to any person of any age who is experiencing financial hardship. Exceptional and Urgent Needs Payments may be made subject to satisfying the means test.

I trust that this clarifies the position for you.

Social Welfare Appeals

Ceisteanna (536)

Michael Healy-Rae

Ceist:

536. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [4295/22]

Freagraí scríofa

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30 August 2021. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. Those papers were received in the Social Welfare Appeals Office on 6 October 2021 and the case was referred on 13 October 2021 to an Appeals Officer. It is envisaged that the Appeals Officer's decision will issue to the person concerned in the near future.

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.

Social Welfare Offices

Ceisteanna (537)

John Lahart

Ceist:

537. Deputy John Lahart asked the Minister for Social Protection if she will investigate the continual difficulties that persons have been having for many weeks in contacting the local Intreo office in Tallaght, Dublin 24. [4297/22]

Freagraí scríofa

Minister for Social Protection

I am not aware of any difficulties with customers contacting Tallaght Intreo Centre. The current opening hours in the Intreo Centre are 09:15 to 13:00 Monday, Tuesday, Wednesday and Friday with a later opening time of 10:30 on a Thursday to allow for staff training. Scheduled appointments are available for customers from 13:00 to 17:00 each day. With the lifting of restrictions the office will revert to the normal opening hours in the coming weeks.

Customers can contact the Tallaght Intreo Centre in the following ways:

in person or by post at The Square, Tallaght, Dublin 24, D24 DR40,

by phone at [phone], or

by email at [e-mail].

On-line services are also available through the easy-to-use online portal www.mywelfare.ie to customers who wish to apply for income supports and / or obtain information on the services provided by my Department.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (538)

Dara Calleary

Ceist:

538. Deputy Dara Calleary asked the Minister for Social Protection the percentage of social welfare appeals that were successful in the past two years. [4305/22]

Freagraí scríofa

Minister for Social Protection

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.

Appeals which had a favourable outcome for the appellant consist of appeals which were either allowed in full or in part by an Appeals Officer, or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person.

The below table outlines the appeal outcomes for the two years, 2020 and 2021.

I trust this clarifies the matter for the Deputy

Appeal Outcomes 2020-2021

-	Allowed by AO	Part allowed by AO	Revised decision by DO	Disallowed by AO	Withdrawn	Finalised
2020	8,418 (31.5%)	617 (2.3%)	5,204 (19.4%)	11,485 (42.8%)	1,066 (4.0%)	26,790
2021	6,091 (25.4%)	551 (2.3%)	6,462 (27.0%)	9,925 (41.5%)	900 (3.8%)	23,929

School Meals Programme

Ceisteanna (539)

Colm Burke

Ceist:

539. Deputy Colm Burke asked the Minister for Social Protection the status of an application by a school (details supplied) for the school meals scheme; when a decision is likely to be reached in respect of this application; and if she will make a statement on the matter. [4331/22]

Freagraí scríofa

Minister for Social Protection

The school meals programme provides funding towards the provision of food to some 1,506 schools and organisations benefitting 230,000 children. The objective of the programme is to provide regular, nutritious food to children who are unable, due to lack of good quality food, to take full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.

A budget of €68.1 million has been provided for the scheme in 2022.

In recent years entry to the School Meals Scheme has been confined to DEIS schools in addition to schools identified as having levels of concentrated disadvantage that would benefit from access to the School Meals Programme.

Prior to the introduction of DEIS in 2005, all schools and organisations that were part of one of a number of Department of Education and Skills’ initiatives for disadvantaged schools were eligible to participate in the programme, including Breaking the Cycle, Giving Children an Even Break, the Disadvantaged Area Scheme, Home School Community Liaison and the School Completion Programme.

These schools and organisations have continued to remain in the scheme since the introduction of DEIS in 2005 but their level of funding has been capped at the same rate year on year to allow for the concentration of the scheme on DEIS schools.

Funding under the School Meals Programme is normally confined to the academic year but an exception was made in recognition of Covid-19. Funding under the school meals programme remained available to schools to allow them to provide food during school closures and over the holiday periods. Furthermore, funding was made available to schools participating in the Department of Education’s School Based Education Programme, which focusses on pupils with complex special educational needs and those at risk of education disadvantage over the summer months.

The school referred to by the Deputy participated in the Department of Education’s School Based Education Programme last summer and received funding to cover the cost of food for the duration of that programme.

Previously, this school applied to join the school meals programme and was informed that no provision could be provided as it does not have designated DEIS status.

Budget 2022 has provided the Department of Education an allocation of €18million for 2022 and €32million for 2023 to extend the DEIS programme to further schools with the highest levels of disadvantage. This represents an increase of over 20% in funding for the DEIS programme and will enable an expansion in 2022 to additional schools.

This package follows an extensive body of work which has been under taken by the DEIS technical group in relation to the development of a model to identify the concentrated levels of disadvantage of schools. The refined DEIS ID model is an objective, statistics based process, based on school enrolment data and data available from Census 2016 under the HP Deprivation Index. It is important to note that there is no application process for the DEIS programme and all schools will be considered by the Department of Education under the refined DEIS model when it is applied.

In advance of the implementation of the refined DEIS identification model, I am advised that there will be further engagement by the Department of Education with relevant stakeholders. The purpose is to ensure that, as far as possible, the refined DEIS identification model can provide an objective and independent means of identifying schools serving high concentrations of pupils at risk of educational disadvantage and also to ensure there is a full understanding of the refined model and its potential application. I trust that this clarifies the position for the Deputy.

Registration of Births

Ceisteanna (540)

Neale Richmond

Ceist:

540. Deputy Neale Richmond asked the Minister for Social Protection the status of a birth registration application by a person (details supplied); and if she will make a statement on the matter. [4335/22]

Freagraí scríofa

Minister for Social Protection

The Civil Registration Act 2004, as amended, places a duty on the parents of a child to register his or her birth within three months of the date of birth. As the birth of this child occurred more than 12 months ago, the parents require the consent of the Superintendent Registrar of the area in which the parents wish to register their child before a registrar can complete the registration.

I understand that the Deputy will inform the parents of the steps that need to be taken in order to ensure that the legal requirements to register the birth are completed.

Departmental Data

Ceisteanna (541)

Malcolm Noonan

Ceist:

541. Deputy Malcolm Noonan asked the Minister for Social Protection the number of senior citizens who are living alone and not in receipt of the living alone allowance; and if she will make a statement on the matter. [4373/22]

Freagraí scríofa

Minister for Social Protection

The Living Alone Increase is an extra payment for recipients of certain social welfare payments who live alone. It is an increase of €22 per week available to persons aged 66 or older who live alone and are in receipt of the State Pension, Widow(er)'s Pension, Incapacity Supplement , or Deserted Wife's Benefit. It is also available to those aged under 66 who live alone and are in receipt of Disability Allowance, Invalidity Pension, Incapacity Supplement, or Blind Pension.

As my Department does not have data on the number of persons living alone in the State, it is only possible to report on number of recipients of the Living Alone Increase. I am advised that in December 2021, a total of 223,544 persons were in receipt of the increase, with 181,362 (81%) of these recipients aged 66 or older. This 181,362 represents 28% of recipients of the State and Widow(er)'s Pensions aged 66 or older.

Social Welfare Schemes

Ceisteanna (542)

Paul Kehoe

Ceist:

542. Deputy Paul Kehoe asked the Minister for Social Protection if there are options available to a person (details supplied) to be able to claim fuel allowance here; and if she will make a statement on the matter. [4395/22]

Freagraí scríofa

Minister for Social Protection

The Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 each year) from October to April, to 375,000 low-income households, at an estimated cost of €366 million in 2022. 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.

A person in receipt of a Social Security Payment from a country covered by EU Regulations or a country with which Ireland has a Bilateral Social Security Agreement (of which there is an Irish equivalent payment) is eligible to apply for the fuel allowance payment on the same basis as Irish State pension recipients. As with all other recipients of the fuel allowance, the person must satisfy a means test as well as all other qualifying conditions. If a person is in receipt of a foreign pension other than a qualifying foreign pension as outlined above, then they will not be entitled to the fuel allowance payment.

With regards to the UK Winter Fuel Payment, receiving this payment does not debar a person from receiving the Irish Fuel Allowance. The amount of UK Winter Fuel payment received is included when assessing a person’s means for fuel allowance purposes and once the applicant satisfies all qualifying conditions the Irish Fuel Allowance can be paid.

I hope this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (543)

Bernard Durkan

Ceist:

543. Deputy Bernard J. Durkan asked the Minister for Social Protection when a decision will be made regarding an application for the fuel allowance submitted in the name of a person (details supplied); and if she will make a statement on the matter. [4399/22]

Freagraí scríofa

Minister for Social Protection

Fuel allowance is a means-tested payment to assist householders on long-term social welfare payments towards the cost of their heating needs.

The main eligibility conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, must satisfy a means test and must either be living alone or with other qualifying persons. The threshold for the fuel allowance means test is €120.00 above the maximum weekly rate of State pension (contributory).

An application for fuel allowance from the person concerned was received on 10 January 2022. According to the records of my Department, the person has an occupational pension in excess of €120 per week, and exceeds the means limit for fuel allowance. Their application was disallowed and the person concerned was notified in writing on 25 January 2022.

If the person’s circumstances change, it is open to them to reapply for fuel allowance.

I hope this clarifies the position for the Deputy.

Pension Provisions

Ceisteanna (544)

Claire Kerrane

Ceist:

544. Deputy Claire Kerrane asked the Minister for Social Protection further to Parliamentary Question No. 160 on 20 October 2021, the number of partial-rate State pension (contributory) which have been approved on an annual basis since 2010 to date based on total contributions between 261 and 510, total contributions between 511 and 770 and total contributions between 771 and 1,040; and the total contributions between 1,041 and 1,300 per rate level and per contribution boundary by year, in tabular form. [4483/22]

Freagraí scríofa

Minister for Social Protection

The four tables below comprise the answer to the Deputy's query regarding State Pension (Contributory), 'SPC' qualifiers.

Table 1 summarises the numbers of SPC qualifiers and changes in the average rate of SPC since 2010.

The remaining tables supply further breakdowns by payment rate and contribution history of the figures given in the first table:

Table 2: SPC awards calculated under the standard Yearly Average method. Transfers from Invalidity pension (to the maximum rate of pension) have been included in this group.

Table 3: SPC awards calculated under the "Aggregated Contributions Method" (also known as 'Total Contributions Approach' (TCA)) introduced in 2018 for SPC qualifiers from 2012 onwards. In contrast to the Yearly Average method, pension rates under this method are not limited to specific percentages of the maximum rate, so the table shows ranges of rates of payment.

Table 4: Non-standard SPC awards relating to those with service in other countries or mixed insurance records.

State Contributory Pension qualifiers

The Deputy may wish to note the following:

- The contribution bands above represent the full social insurance record used in assessing the SPC claim. Note that this includes credited contributions and Home Caring Periods, if these were used in calculating the pension rate.

- Once a person qualifies for the maximum rate of State Pension, it is not necessary to add further information to the Department's systems in relation to pre-1979 history, credited contributions and Home Caring Periods. This means that some people's social insurance records may in fact have been stronger than shown above.

- All figures are based on data extracted from the Department's IT systems as at 31st December 2021.

- All tables show the number of those who qualified for State Pension (Contributory) by year of attaining age 66 (rather than by the year in which the claim was awarded)

Pension Provisions

Ceisteanna (545)

Bernard Durkan

Ceist:

545. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent of an entitlement to the State pension (contributory) in the case of a person (details supplied); and if she will make a statement on the matter. [4487/22]

Freagraí scríofa

Minister for Social Protection

According to the records of my Department, the person concerned will reach pension age on 2 April 2022, and has not yet applied for State pension (contributory).

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. Factors such as an individual’s social insurance record, their attachment to the workforce, and their countries of employment affect the rate of pension entitlement.

I have arranged for a copy of the person’s social insurance contribution record to issue to them, together with an application form for State pension (contributory). On receipt of a completed application, the person’s State pension (contributory) entitlement can be examined by a Deciding Officer and they will be notified of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Ceisteanna (546)

Bernard Durkan

Ceist:

546. Deputy Bernard J. Durkan asked the Minister for Social Protection if an oral hearing can be facilitated in the case of a person (details supplied) in respect of an alleged overpayment in respect of a carer's allowance given the position of her Department in respect of oral hearings and given the existence of Covid-19 in recent years; and if she will make a statement on the matter. [4509/22]

Freagraí scríofa

Minister for Social Protection

Carer'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 person who has such a disability that they require that level of care.

Following a reassessment of the person concerned CA, it was found their means were in excess of the statutory limit for receipt of CA. The CA of the person was terminated on 13 February 2019 with effect from 30 November 2016 and an overpayment was raised.

The person concerned was notified on 7 February 2019 of this decision, the reason for it and of her right of review and appeal.

Oral hearings may be provided for when considering an appeal of a decision. To date the person concerned has not requested an appeal of this decision.

The time-limit for submitting an appeal of the statutory decision is within 21 days of the decision date. While this time-limit has expired, the Chief Appeals Officer has discretion to accept late appeals where there may be valid reasons for a delay.

To request that a late appeal be accepted the person concerned should forward a completed appeal application form directly to the Social Welfare Appeals Office, including an explanation for the delay. There is further information about the late appeals application process available on the Social Welfare Appeals Office’s website at: www.gov.ie/en/campaigns/031734-the-social-welfare-appeals-office/ .

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (547)

Bernard Durkan

Ceist:

547. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a jobseeker’s allowance application in the case of a person (details supplied); and if she will make a statement on the matter. [4580/22]

Freagraí scríofa

Minister for Social Protection

The Customer concerned has been contacted and advised of outstanding documentation required to progress his application. Once received the Deciding Officer will make a decision on the case.

I trust this clarifies the matter.

Social Welfare Payments

Ceisteanna (548)

Anne Rabbitte

Ceist:

548. Deputy Anne Rabbitte asked the Minister for Social Protection the supports that can be accessed by persons in receipt of illness benefit when they are trying to start a business themselves; and if she will make a statement on the matter. [4751/22]

Freagraí scríofa

Minister for Social Protection

My Department administers the Illness Benefit scheme to those customers who cannot work because they are sick or ill. Customers must be covered by the appropriate class of social insurance (PRSI), satisfy the PRSI conditions and provide a Certificate of Incapacity for Work from a medical practitioner.

Entitlement to Illness Benefit is not contingent on the nature of the illness/disability or on the availability of health services, but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.

People on Illness Benefit cannot take up work and keep their payment with the exception of unpaid light work; work undertaken as part of medical treatment where earnings are not more than €50 per week; or work for a charity where earnings are not more than €50 per week.

If a person has been on Illness Benefit for six months or more, and they wish to take up paid employment or self-employment, the person can apply to transfer to Partial Capacity Benefit (PCB).

The PCB scheme allows a person who has been in receipt of Invalidity Pension or Illness Benefit (the latter for a minimum of 26 weeks), and who may not have full capacity for work, to enter or return to employment or self-employment and to continue to receive a partial or full payment.

The personal rate of payment of PCB is based on a medical assessment of a person’s restriction regarding their capacity for work and the payment they are moving from, either Invalidity Pension or Illness Benefit. After the medical assessment, if a person's restriction regarding their capacity for work is rated as moderate, severe or profound, their payment continues at 50%, 75% or 100% of their previous rate, respectively. If assessed as ‘mild’ they do not qualify for PCB.

PCB has been designed so there are no restrictions or limits on earnings from employment or on the number of hours a person can work under the scheme.

Self-employed persons with a disability might also be eligible to apply for the Workplace Equipment Adaptation Grant. A person can apply for this grant if they are about to become self-employed and require adaptations to their working premises or equipment to create a more accessible workplace. Applications for this grant can be done through local Intreo Offices.

The person on Illness Benefit might be eligible to apply for the Back to Work Enterprise Allowance (BTWEA) as the period on Illness Benefit can count towards the qualifying period for the purpose of accessing the BTWEA. This is payable for 2 years while self-employed. Customers will receive 100% allowance in year one and 75% allowance in year two.

My Department regularly reviews its supports and payment schemes to ensure that they continue to meet their objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context.

I trust this clarifies the matter.

Legislative Process

Ceisteanna (549)

Denis Naughten

Ceist:

549. Deputy Denis Naughten asked the Minister for Social Protection if she will provide a list of Acts, or sections or other provisions of Acts, for which a commencement order has yet to be signed in her Department; the reason for the delay; when commencement orders will be signed; and if she will make a statement on the matter. [4768/22]

Freagraí scríofa

Minister for Social Protection

My Department is responsible for the legislation underpinning the social welfare code, occupational and private pensions, civil registration and gender recognition and the Citizens Information Board / Comhairle.

Details of provisions in the above that are yet to be commenced are set out in the table below.

Uncommenced Provision	Description	Status
Pensions (Amendment) Act 2002
Section 3	Inserts new Part X (sections 91 to 125) into the Pensions Act 1990, which provides for the establishment of Personal Retirement Savings Accounts (PRSAs). Part X has been commenced with the exception of section 122, which provides for the replacement of buy-out bonds with PRSAs. A buy-out-bond is a pension bond into which persons can transfer the value of their fund if they leave their employment/ pension scheme.	Originally, the intention was that new buy-out bonds would cease when PRSAs became available. However, it was subsequently considered that buy-out bonds would still be required. Consideration is being given to this at present as part of an interdepartmental working group. The situation will be kept under review in consultation with the Pensions Authority as part of this group.
Section 39	Inserts new section 56A into the Pensions Act 1990 to provide for the consideration of index-linked increases in the rates payable in Defined Benefit pension schemes.	The situation in relation to this provision is being kept under review in consultation with the Pensions Authority.
Civil Registration Act 2004
Section 4 and the Second Schedule	Repeal various enactments dealing with civil registration matters prior to the enactment of the Civil Registration Act 2004.	Section 4 and the Second Schedule have been commenced, except in so far as they relate to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. The repeal of the 1952 Act has been examined in the context of the commencement of section 73 of the Civil Registration Act 2004 – see section 73 below.
Sections 13(1)(f) and (g)	Provide for the establishment and maintenance of a register of all decrees of divorce and all decrees of nullity of marriage.	Commencement of these provisions is not currently being proposed for operational reasons.
Part 7 (section 59)	Provides for the registration of decrees of divorce and decrees of nullity of marriage.	Commencement of this Part is not currently being proposed for operational reasons.
Section 73	Provides for the compilation and publication of statistics relating to events registered under the Act.	Section 73 of the Civil Registration Act 2004 mirrors the provisions contained in the Vital Statistics and Births, Deaths and Marriages Registration Act 1952. Section 73 and section 4, in so far as it relates to the repeal of the Vital Statistics and Births, Deaths and Marriages Registration Act 1952, will be commenced following examination of the effects of repealing the Act of 1952.
Social Welfare and Pensions Act 2007
Section 21(a)	Amends section 149 of the SWCA in relation to entitlement to the Pre-Retirement Allowance (PRETA) where a person had previously been in receipt of Carer’s Allowance.	As the PRETA scheme has been closed since 2007, this section will not require commencement.
Section 27	Amends section 220 of the SWCA 2005 to enable payment of Child Benefit to be split between the child’s parents.	There are no plans to commence this provision at present.
Citizens Information Act 2007
Section 5	Provides that a qualifying person, in the case of a person 18 years or over, is a person who in the opinion of the Director is unable to obtain or has difficulty in obtaining a social service without the support of a personal advocate because of his or her disability.	The Department continues to review this statutory provision, in consultation with the Citizens Information Board (CIB), with the view to identifying the most appropriate response to meet the advocacy needs of persons over 18 with disabilities. This includes the consideration that public policy in the area of disability has changed from a “best interest” approach, from when the 2007 Act was enacted, to a person-centred and rights-based approach. Therefore, Section 5 of the 2007 Act may not be sufficiently comprehensive in light of societal and policy developments in the intervening years. The forthcoming Assisted Decision-Making (Capacity) Amendment Bill 2021 is also in this policy space.
Social Welfare and Pensions Act 2008
Sections 12 to 14	Inserts new Chapter 5A in Part 3 of the SWCA 2005 and makes consequential amendments to the provisions of that Act to provide for the transfer of the Blind Welfare Allowance from the HSE to the Department of Social Protection.	This provision will be commenced as soon as the necessary administrative arrangements have been agreed with the HSE and Department of Health.
Section 17(5)	Makes provision for the treatment of outstanding claims for Domiciliary Care Allowance held by the HSE on the transfer of administrative responsibility for that scheme to the Department of Social Protection.	This provision is not required to be commenced. It related to the possible transfer of outstanding claims from a period in 2009 when the scheme transferred to Department of Social Protection. There are no known instances where this was required.
Section 27(i)	Inserts section 64P into the Pensions Act 1990.	Section 64P was originally inserted to provide trustees with flexibility to remove a particular registered administrator where they were unhappy with the service being provided or considered the administration fees excessive. Section 64P sought to achieve this flexibility by prohibiting the bundling of a registered administrator’s services with other services or products. It later transpired that it would be in breach of EU and domestic legislation for an insurer to act as a registered administrator, without also holding the underlying policy of insurance. As insurance companies would be unable to provide separate registered administrator services to comply with section 64P, its commencement was revoked (S.I. 398 of 2008 refers).
Social Welfare (Miscellaneous Provisions) Act 2010
Section 3	Inserts new section 296A into the SWCA 2005 and makes consequential amendments to the provisions of that Act to clarify the rules relating to which parent a child will normally be regarded as residing with for social welfare payment purposes.	This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
Section 6	Confers power to make regulations to provide for the conditions under which a person is regarded as being incapable of work for the purposes of qualification for the payment of Illness Benefit.	This provision will be commenced if the need arises.
Section 14	Amends section 220 of the SWCA 2005 to clarify the rules relating to which parent a child will normally be regarded as residing with for Child Benefit purposes.	This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
Social Welfare and Pensions Act 2014
Section 9	Clarifies the provisions contained in Part 6 of the Social Welfare Consolidation Act (SWCA) 2005 in relation to entitlement to family income supplement (now working family payment) in cases where the claimant is living apart from his or her spouse or civil partner and children.	This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
Section 10	Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to FIS during the 52 week entitlement period and on the weekly rate of FIS payable during that period.	This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity in the light of this review.
Civil Registration (Amendment) Act 2014
Section 6	This section amends section 22 of the Civil Registration Act 2004 and contains a number of amendments relating to the registration of the father’s name where the parents are not married	Requires further amendment to section 22 to correct a drafting error.
Section 12	Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred.	Requires consultation with the HSE.
Section 21(a)	Amends section 59B of the Civil Registration Act 2004 (Notification of civil partnerships).	No longer required. Superseded by the enactment of the Marriage Act 2015.
Section 22	Amends section 59C of the Civil Registration Act 2004 (Civil partnership registration form).	No longer required. Superseded by the enactment of the Marriage Act 2015.
Section 29(c)	Provides for sharing of information with the Road Safety Authority.	Pending further clarification of Data Protection issues.
Paternity Leave and Benefit Act 2016
Section 31	Paragraph (b)(ii)(III) of the definition of “relevant parent” in section 61A(1) of Chapter 11A.	It is intended that this provision will be commenced in due course.
Parent’s Leave and Benefit Act 2019
Section 28	Section 58 of the Act of 2005 is amended, in subsection (2), by the substitution of “Subject to this Act and section 6A of the Adoptive Leave Act 1995, an adopting parent shall be entitled to adoptive benefit” for “Subject to this Act, an adopting parent shall be entitled to adoptive benefit”.	It is intended that this provision will be commenced in due course.
Section 29 [part]	Insofar as it relates to the insertion, in Part 2 of the Social Welfare Consolidation Act 2005 (26/2005), of paragraph (b)(ii)(III) of the definition of “relevant parent” in section 61F(1) of Chapter 11B	It is intended that this provision will be commenced in due course.
Civil Registration Act 2019
Section 4	Amendment of section 22 of the Civil Registration Act 2004 regarding, in certain circumstances, rebuttal of automatic presumption of paternity in the birth registration process.	Requires commencement of section 6 of the Civil Registration (Amendment) Act 2014, which requires further amendment to section 22 to correct a drafting error.
Section 6	Provides for greater involvement by a qualified informant (usually a family member) in the registration of a death by a coroner.	It is intended to commence this section at the same time as Section 10(1)(c).
Section 10(1)(c)	Provides that the country of birth and the country ofcitizenship of a deceased person are to be added to the particulars of a deathto be entered in the register of deaths.	Requires development work to the civil registration computer system in advance of commencement.
Section 11	Amendment of section 6 of the Civil Registration (Amendment) Act 2014 regarding arrangements for registration of the names of unmarried fathers.	Requires commencement of section 6 of the Civil Registration (Amendment) Act 2014, which requires further amendment to section 22 to correct a drafting error.
Social Welfare Act 2021
Section 8	Extends the duration for which parent’s benefit is payable from five weeks to seven weeks in line with Ireland’s commitments under the EU Work Life Balance Directive.	Requires the Minister for Children, Equality, Integration, Disability and Youth to make a corresponding commencement order relating to the parent’s leave provisions.
Section 14	Provides for a €10 increase in the weekly income thresholds of working family payment for all qualifying families.	It is intended that this provision will be commenced in due course.
Section 20	Provides for the expansion of the list of agri-environmental schemes (e.g. Glas) attracting the specific means disregard applicable to jobseeker’s allowance, farm assist and state pension (non-contributory).	It is intended that this provision will be commenced in due course.

Social Welfare Payments

Ceisteanna (550)

Réada Cronin

Ceist:

550. Deputy Réada Cronin asked the Minister for Social Protection if her Department will examine the case of a person (details supplied) in County Kildare and the carer payment level of same; and if she will make a statement on the matter. [4852/22]

Freagraí scríofa

Minister for Social Protection

Carer'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 30 November 2021.

Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property, (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.

The evidence submitted in support of this application was examined and the means of the person concerned were assessed as €272.01 per week which derived from her spouse’s income.

The person concerned was deemed to have means in excess prior to 6 January 2022. Due to a budgetary change which took effect on that day, she was awarded carer's allowance of €7 per week from 6 January 2022.

The person concerned was notified of this decision on 14 December 2021, the reason for it and of her right of review and appeal.

As part of Budget 2022, the income and capital limits for the Carer’s Allowance means assessment are being increased, effective from June 2022. The Department will review the entitlement of existing customers to take account of these budget changes. Any change will be applied to the CA payment of the person concerned from June 2022.

I hope this clarifies the position for the Deputy.