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Wednesday, 13 Jul 2022

Written Answers Nos. 314-334

School Staff

Ceisteanna (314)

Aodhán Ó Ríordáin

Ceist:

314. Deputy Aodhán Ó Ríordáin asked the Minister for Education the estimated cost of providing a permanent release day for administrative purposes each week to each teaching principal; the number who would benefit; and if she will make a statement on the matter. [38473/22]

Amharc ar fhreagra

Freagraí scríofa

As a result of Budget 2022, all schools with a teaching principal have 37 Principal Release Days. i.e. one administrative day per week.

Circular 26/2022 published last April outlines the number of Principal Release Days available to schools.

School Staff

Ceisteanna (315)

Aodhán Ó Ríordáin

Ceist:

315. Deputy Aodhán Ó Ríordáin asked the Minister for Education the estimated cost of restoring the number of assistant principals to pre-2009 levels; the estimated cost of 300 AP1 and 1500 AP2 positions; and if she will make a statement on the matter. [38474/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy, that the estimated cost of restoring the number of assistant principals to pre-2009 levels in both the Primary and Voluntary Secondary and Community and Comprehensive schools, excluding ETBs, is €30.3m.

The estimated cost of 300 AP1 posts is €2.7m.

The estimated cost of 1500 posts at AP2 is €6m.

Special Educational Needs

Ceisteanna (316)

Aodhán Ó Ríordáin

Ceist:

316. Deputy Aodhán Ó Ríordáin asked the Minister for Education the estimated cost of employing an additional 100 SNAs; the projected number of additional SNAs to be employed in 2023/2024 due to demographic pressures; the current number of SNAs at the end of 2022/2023 school year; and if she will make a statement on the matter. [38475/22]

Amharc ar fhreagra

Freagraí scríofa

I would like to thank the Deputy for the questions raised and would advise the following:

The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of Special Needs Assistants (SNAs) and reviews. The Department does not have a role in making individual school determinations.

Budget 2022 provides funding for an additional 1,165 SNAs (in 2022) to provide support to children with special educational needs, which will bring the total number of SNAs to 19,169 at the end of December 2022. This will represent an increase of 81% since 2011 at which time 10,575 were provided.

When a school has been allocated an SNA, the Board of Management, as the employer, is responsible for filling the vacancy and the decision on whether to employ a full time SNA to fill a full time post or to employ an equivalent number of part time SNAs rests with the employer.

My Department acts as paymaster to over 3,700 schools whose Boards of Management are the direct employers of the SNAs in those schools. SNAs in the Education and Training Board sector are employed and paid by the ETBs.

Work is ongoing in relation to finalising the budgetary projections for 2023/24 for SET.

The estimated cost for the employment of 100 additional SNA’s, on a full-time basis, would be just in excess of €3.0M per annum which is based on the annual current cost at entry of an additional Special Needs Assistant is €30,001 including employer PRSI. SNA salary rates are contained in circular letter 0009/2022 and can be accessed gov.ie - Revision of Salaries for Special Needs Assistants (SNAs) with effect from 1 February 2022 (www.gov.ie)

Special Educational Needs

Ceisteanna (317)

Aodhán Ó Ríordáin

Ceist:

317. Deputy Aodhán Ó Ríordáin asked the Minister for Education the estimated cost of employing an additional 100 resource teachers; the current number employed; the projected number of additional resource teachers to be employed in 2023/2024 due to demographic pressures; and if she will make a statement on the matter. [38476/22]

Amharc ar fhreagra

Freagraí scríofa

I would like to thank the Deputy for the questions raised and would advise the following:

Budget 2022 provides for an additional 620 new Special Education Teacher (SET) posts in special education. This new investment is required to meet the needs of students with special educational needs enrolled in mainstream classes; students to be enrolled in new special classes and new special school places and the needs of new and developing schools.

This will bring the total number of SET in the mainstream school system to 14,385 in December 2022.

Work is ongoing in relation to finalising the budgetary projections for 2023/24 for SET.

The estimated cost for the employment of 100 Special Education Teacher, on a full-time basis, would be €6.9M per annum which is based on the average salary cost of a Special Education Teacher of €69,000.

Prison Service

Ceisteanna (318)

Jennifer Carroll MacNeill

Ceist:

318. Deputy Jennifer Carroll MacNeill asked the Minister for Education the number of educational psychologists providing services to those in the custody of the Irish Prison Service; and if she will make a statement on the matter. [38509/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware my Department’s National Educational Psychological Service (NEPS) provides educational psychological support to all recognised primary and post-primary schools.

The provision of educational psychological support to those in the custody of the Irish Prison Service is not within the service remit of the National Educational Psychological Service.

School Patronage

Ceisteanna (319)

Catherine Murphy

Ceist:

319. Deputy Catherine Murphy asked the Minister for Education the number of publicly funded schools in Ireland that are owned by her Department; the amount that has been expended on leasing schools from religious organisations in the past three years to date. [38582/22]

Amharc ar fhreagra

Freagraí scríofa

The information sought by the Deputy is currently being collated by officials within my Department and will be forwarded to the Deputy in due course.

Education Policy

Ceisteanna (320)

Catherine Murphy

Ceist:

320. Deputy Catherine Murphy asked the Minister for Education the way in which the reconfiguration of the schools' system in Ireland will and or is proceeding (details supplied) . [38584/22]

Amharc ar fhreagra

Freagraí scríofa

In March 2022 I announced that arrangements are being put in place in a number of towns and areas of cities that have no multi-denominational primary schools at present as part of a pilot arrangement. This work involves identifying potential schools and engaging with school authorities, school staff and the school communities with a view to agreeing on a transfer of patronage and change of ethos, where there is sufficient demand for this.

The Council for Education of the Irish Episcopal Conference (representing the Catholic patrons) and relevant Bishops have confirmed their willingness to engage and co-operate fully with the Department in seeking to facilitate a more diverse school patronage in these towns and cities.

The pilot areas are:

Arklow

Athlone

Cork*

Dublin*

Dundalk

Galway*

Limerick*

Youghal

*parts of these cities

The first step in the local engagement - meetings with relevant Bishops, the Department and the local facilitator in each pilot area – has been completed. The facilitators are following up with diocesan representatives and the next stages of engagement are underway in some areas.

Where feasible, the aim is for transfers to take place for September 2023. To facilitate a September 2023 transfer, decisions would need to be made prior to the end of 2022 to allow for the various steps to be completed.

The learnings from the process in the pilot areas should provide a pathway forward on the process for providing multi-denominational options for parents in other towns and areas of the country going forward.

Most primary school property is in private ownership (often the Diocesan trust), with the local Bishop as patron. Where transfers of patronage take place and the school property owner is not the Minister for Education, lease arrangements between the property owner and new multi-denominational patron will be required and this will be dealt with on a case by case basis.

School Transport

Ceisteanna (321)

Rose Conway-Walsh

Ceist:

321. Deputy Rose Conway-Walsh asked the Minister for Education the number of extra school transport places that will be made available in each county to meet the additional demand following her welcome announcement of removing school transport fees; and if she will make a statement on the matter. [38586/22]

Amharc ar fhreagra

Freagraí scríofa

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 121,400 children, including over 15,500 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €289m in 2021.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

Under the terms of my Department’s School Transport Scheme, children are eligible for transport where they reside not less than 3.2kms at primary and 4.8kms at post-primary and are attending their nearest School/Education Centre as determined by the Department/Bus Éireann, having regard to ethos and language.

As the Deputy is aware I recently announced initiatives to assist families with back to school costs. In recognition that this is an expensive time of year for families, I have put in place measures worth over €17m which will ensure free school transport for families availing of the school transport scheme in the 2022/2023 school year. This measure will provide families with savings of up to €500 on the cost of tickets.

Families who have already paid/entered medical card details for their ticket do not need to take any further action. Families who have not yet paid for their ticket will need to confirm they still require a ticket by the 29th July 2022 and further information will issue to families shortly in this regard.

All children who are eligible for school transport and who complete the application process on time and who proceed to confirm to Bus Éireann that they require a ticket by the 29th July 2022 will be accommodated on school transport services for the 2022/23 school year where such services are in operation. The closing date for application for the 2022/23 school year was Friday 29th April 2022.

Late applicants are not guaranteed a seat and will only be allocated a seat if capacity is available.

Children who are not eligible for school transport may apply for transport on a concessionary basis only. Concessionary transport is subject to a number of terms and conditions including the availability of spare seats on an existing service. The availability of concessionary transport may vary from year to year and cannot be guaranteed for the duration of a child’s education cycle. Routes will not be extended or altered, additional vehicles will not be introduced, nor will larger vehicles or extra trips using existing vehicles be provided to cater for children travelling on a concessionary basis.

School Transport is a demand led scheme and services are planned annually based on the number of eligible pupils who apply and pay/confirm on time. The closing date for families to confirm they require a ticket for school transport for the 2022/23 school year is 29th July 2022. The final number of children to be accommodated on school transport services for the 2022/23 school year will not be known until after this date.

Rights of People with Disabilities

Ceisteanna (322)

Holly Cairns

Ceist:

322. Deputy Holly Cairns asked the Minister for Education her views on providing fully accessible changing places and toilet facilities open to the public in all buildings which her Department owns and public bodies and agencies under her remit to offer people with disabilities and carers a network of equipped spaces to take care of personal hygiene, in safety and comfort. [38715/22]

Amharc ar fhreagra

Freagraí scríofa

My Department welcomes persons with a disability and carers visiting its campuses. The existing fully accessible toilet facilities are available for use if necessary.

I am aware that fully accessible changing areas and toilet facilities provide more space and appropriate equipment for persons who require the assistance of a carer to undertake their personal hygiene, in safety and comfort. The Deputy will be aware that the National Disability Authority (NDA) and the Office of Public Works (OPW) are working closely on the operational review of the effectiveness of Section 25 of the Disability Act 2005 which focuses on the accessibility of public buildings.

My Department will continue to work with the Office of Public Works (OPW) on upgrading any of our existing facilities, where appropriate, to support persons with a disability.

The information in respect of state bodies, within the scope of the Deputy’s question, is not held by my Department. Contact details for these bodies are set out in the attached document should the Deputy wish to contact them directly with this query.

Contact E-Mail Addresses for State Bodies under the Remit of the Department of Education as at 29 th March 2022

Name of Body

Dedicated Email address for the Members of the Oireachtas

Designated Official Responsible for assisting Oireachtas Members

An Chomhairle um Oideachais Gaeltachta

agus Gaelscolaíochta

oireachtas@cogg.ie

jacquelinenifhearghusa@cogg.ie

Educational Research Centre

oireachtas.queries@erc.ie

aidan.clerkin@erc.ie

National Centre for Guidance in Education

oireachtas@ncge.ie

Jennifer.mckenzie@ncge.ie

National Council for Curriculum and Assessment Note 1

oireactasqueries@ncca.ie

Aine.ArmstrongFarrell@ncca.ie

State Examinations Commission

Oireachtas@examinations.ie

Paddy.Quinn@examinations.ie

The Teaching Council

pqrep@teachingcouncil.ie

pfox@teachingcouncil.ie

National Council for Special Education

oireachtasqueries@ncse.ie

patrick.martin@ncse.ie and

cindyjane.oconnell@ncse.ie

Residential Institutions Statutory Fund – Caranua

Michael.Fitzpatrick@caranua.ie

Michael.Fitzpatrick@caranua.ie

Note 1 - The spelling of the NCCA e-mail address to which Oireachtas queries may be addressed has been verified with the NCCA as being accurate.

Rights of People with Disabilities

Ceisteanna (323)

Holly Cairns

Ceist:

323. Deputy Holly Cairns asked the Minister for Education the way that her Department and public bodies and agencies under her remit are implementing action 32 of the National Disability and Inclusion Strategy 2017-2021 (details supplied). [38733/22]

Amharc ar fhreagra

Freagraí scríofa

My Department is implementing Action 32 of the National Disability Inclusion Strategy through its Disability Consultative Committee (DCC), established under the National Disability Inclusion Strategy 2017-2021 (NDIS). Membership of the Committee includes four representatives from the Disability Stakeholders’ Group, representation from the National Disability Authority, the National Council for Special Education as well as broad representation from across the Department including the Inspectorate.

Officials from my Department actively engage with our DCC stakeholder members both in the context of the DCC meetings but also outside of these as issues arise. At the start of each year, in consultation with our stakeholders the dates of the quarterly DCC meetings are agreed and fixed. In the planning of departmental DCC meetings, stakeholders are invited to submit topics of interest for in-depth discussion with relevant officials from aegis bodies and the Department. Over the last year, in-depth discussions have taken place on Teacher Education, ICT in schools and guidance in education from the perspective of persons with a disability.

The next DCC meeting will include a thematic focus on school buildings and the consideration of universal design principles in both new builds and retrofits. The meeting will include representatives of the Planning and Building Unit of the Department. Disability stakeholders have been invited to submit questions and topics for discussion under this theme, in advance of the meeting.

Finally, my Department is developing new guidance for engagement with stakeholders, including people with disabilities. In this regard, it has engaged with the NDA and will have regard to the new NDA guidance on consultation with people with disabilities, published last month, which has been circulated across the Department.

Schools Building Projects

Ceisteanna (324)

Cormac Devlin

Ceist:

324. Deputy Cormac Devlin asked the Minister for Education the status of a school building project (details supplied); and if she will make a statement on the matter. [38761/22]

Amharc ar fhreagra

Freagraí scríofa

The permanent accommodation for the school referred to by the Deputy is being delivered under my Department's school building programme. The brief will provide a new 8 classroom Primary School and two classrooms for children with special educational needs on a site being acquired from the local authority.

My Department will shortly be commencing the process for the appointment of the Project Manager and the design team for the project. Once the Project Manager and the design team is appointed they will commence the process to take the project forward through the stages of architectural planning to tender and construction stages.

As with all school building projects, pre-planning meetings are required with the Local Authority in advance of preparing a Planning Application to ensure the highest probability of a successful planning application in the shortest time possible.

Until planning permission has been granted it will not be possible to provide timelines in relation to the progression of the project to tender and construction stages.

My Department will continue to address the interim accommodation requirements for the school and will continue to keep the school and its patron body updated as the project progresses.

Schools Building Projects

Ceisteanna (325)

Cormac Devlin

Ceist:

325. Deputy Cormac Devlin asked the Minister for Education the status of a school building project (details supplied); and if she will make a statement on the matter. [38762/22]

Amharc ar fhreagra

Freagraí scríofa

It is intended that the school referred to by the Deputy will relocate to an existing building currently occupied on an interim basis by a special school while awaiting the construction of a building project for their school.

In this regard, the building project for that school is expected to commence on site in Quarter 3 2022 with an 18 month construction timeframe.

State Pensions

Ceisteanna (326)

Mairéad Farrell

Ceist:

326. Deputy Mairéad Farrell asked the Minister for Social Protection the estimated first and full-year net and gross costs of reintroducing the State pension (transition) assuming a maximum personal rate of payment of €253.30, €258.30, €263.30, €268.30 and €273.30, respectively in tabular form. [38426/22]

Amharc ar fhreagra

Freagraí scríofa

When the State Pension (Transition) was in place, it was a scheme allowing those who were retired to receive a transitionary payment between the ages of 65 and 66 years. The maximum personal rate was equivalent to the then maximum rate for the State Pension (Contributory). Eligibility was based on PRSI contributions and credits and payments were calculated based on the Yearly Averaging approach. PRSI Class S contributions (self-employed) were not reckonable for the State Pension (Transition).

It is important to note that the conditions and eligibility requirements for State Pension (Transition) were different to and more arduous than those applicable to the State Pension (Contributory). For example, a person had to have a minimum average of 24 contributions per annum to be eligible for State Pension (Transition) whereas an average of 10 contributions per annum is required for State Pension (Contributory) eligibility. In addition, recipients of State Pension (Transition) were not eligible for Free Travel, the Household Benefits Package (electricity, gas, TV licence) nor the Living Alone Allowance. Furthermore, the State Pension (Transition) scheme had a retirement condition whereas the State Pension (Contributory) did not.

Since the State Pension (Transition) scheme ceased with effect from 1 January 2014, very significant amendments have been made to the State Pension (Contributory) scheme, which include the introduction of the interim Total Contributions Approach and the availability of Homecaring Periods. Due to these changes, applicants for the State Pension (Contributory) are assessed under the Yearly Averaging system and the interim Total Contributions Approach and awarded on the basis of the most beneficial calculation.

While it would be possible to estimate the potential cost of reintroducing the State Pension (Transition) on the exact same legislative basis as it previously existed (which included specific rate-band structures and a yearly average method of payment calculation), it would not be possible to reintroduce it on that basis because of the changes outlined above. Therefore, introducing such a scheme would require significant design changes to the previous State Pension (Transition) to modernise it in line with the Total Contributions Approach method of payment calculation and the availability of Homecaring Periods. As no such design work has been done, it is not possible to estimate the cost as requested.

In February 2021, I introduced the "Benefit Payment for 65 year Olds" in line with the Programme for Government commitment, to provide a benefit payment for people who are aged 65 and who are required to retire, or who choose to retire, without a requirement to sign on, engage in activation measures or to be available for and genuinely seeking work. This new payment was designed specifically to bridge the gap for people who retire from employment or self-employment at 65 years of age but who do not qualify for the State Pension until age 66.

The Pensions Commission’s Report was published on 7th October 2021 and it contained almost 250 pages of analysis, consideration and recommendations. The report, Technical Sub-Committee's working papers, agendas, minutes, external presentations and submissions in response to an extensive public consultation process are available on the website, pensionscommission.gov.ie. The Commission’s work established that the current State Pension system is not sustainable into the future and that changes are needed. It has set out a wide range of recommendations, including in respect of the State Pension Age and early access, and aligning retirement ages in employment contracts with the State Pension age. In the interests both of older people and future generations of older people, the Government is considering the comprehensive and far reaching recommendations in the Pensions Commission’s Report very carefully and holistically. My officials are examining each of the recommendations and consulting across Government through the Cabinet Committee system. The views of the Joint Committee on Social Protection, Community and Rural Development and the Islands and the Commission on Taxation and Welfare will be considered as part of these deliberations. I intend bringing a recommended response and implementation plan to Government for its consideration when that work is completed.It is clear from the Commission’s work that State Pension reform is necessary and complex. It would be a strategic risk not to plan and provide for projected demographic changes, not least in terms of income adequacy for older people. The State Pension is the bedrock of the pension system in Ireland. It is extremely effective at ensuring that our pensioners do not experience poverty. This Government is committed to ensuring that this remains the case for current pensioners, those nearing State Pension age and today’s young workers including those who are only starting their careers.I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (327)

Ged Nash

Ceist:

327. Deputy Ged Nash asked the Minister for Social Protection the estimated cost to the Exchequer of an extra month child benefit payment with an increase in 2022 rates by €10, €15 and €20 respectively; and if she will make a statement on the matter. [38774/22]

Amharc ar fhreagra

Freagraí scríofa

The estimated cost of providing an extra month Child Benefit is shown in the table below:

Rates

Cost of an Extra Month €m

€140 current rate

170.4

€150 (€10 increase)

182.6

€155 (€15 increase)

188.7

€160 (€20 increase)

194.8

The annual cost of an increase in Child Benefit based on the rates requested is shown in the table below:

Proposed Rates

Annual Cost €m

150 (€10 increase)

146.3

155 (€15 increase)

219.5

160 (€20 increase)

292.6

These costings are based on 2022 recipient numbers and are subject to change in light of emerging trends and subsequent revision of the estimated number of recipients. Any increase of Child Benefit rates would need to be considered in an overall budgetary and policy context.

I trust this clarifies matters for the Deputy.

Social Welfare Payments

Ceisteanna (328)

Paul Kehoe

Ceist:

328. Deputy Paul Kehoe asked the Minister for Social Protection the reason that an application for the back-to-work enterprise allowance by a person (details supplied) was unsuccessful; the options that are available to the person who is looking to come off social welfare and to become self-employed; and if she will make a statement on the matter. [38143/22]

Amharc ar fhreagra

Freagraí scríofa

The Back to Work Enterprise Allowance (BTWEA) scheme offers support for people who are long-term unemployed and who wish to pursue self-employment as a route to entering the labour market. The scheme plays a vital role in supporting the development of new enterprises for the long-term unemployed and is payable for a 24 month period from the commencement of the new business. I understand that the person concerned has not in fact made an application for BTWEA, but did discuss their eligibility for it with an employment services officer from my Department. Unfortunately, he does not meet the qualifying criteria for BTWEA in relation to the number of days in receipt of a qualifying payment and the number of days worked in the last year.However, a self-employed person may be entitled to a jobseeker's payment provided they satisfy the normal qualifying conditions for that payment. The person concerned was advised of this option and informed that they could commence self-employment while retaining a jobseeker's payment subject to their income from self-employment being means tested. If the person wishes to pursue this option, they should contact their local Intreo Office. I trust this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (329)

Catherine Connolly

Ceist:

329. Deputy Catherine Connolly asked the Minister for Social Protection her plans to increase core social welfare rates by €20 per week in Budget 2023 in order to provide assistance with the rising cost of living in line with calls from a number of organisations (details supplied); and if she will make a statement on the matter. [38158/22]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that I will be considering a range of options for Budget 2023 over the coming months, taking account of available resources.

Over the long term, Ireland’s social welfare system has performed strongly in protecting our most vulnerable citizens. In 2021, social transfers reduced the at-risk-of-poverty rate from 38.6% to 11.6%. This represents a 70% reduction on the at-risk-of-poverty rate. Ireland is consistently one of the best performing EU countries in reducing poverty through social transfers.

It is through this evidence-based approach that, over the past 10 years, budget measures have both exceeded inflation in that period and have also been targeted to support those most at risk of poverty. This is evident in the recent results of the Survey on Income and Living Conditions which showed welcome reductions in the number of people at risk of poverty or deprivation.

Having said that, the Government is acutely aware of recent price increases and their impact on households who are dependent on social welfare. For this reason, this Government did not await a further budget cycle to address these challenges but acted early. Overall, the tax and spending measures we have introduced to ease the burden and provide support to those most in need have amounted to €2.4 billion.

Last week I, along with my government colleagues, announced further measures to mitigate the rising cost of living for families. I provided an additional €100 increase in the rate of the Back to School Clothing and Footwear Allowance for each qualifying child. This brings the rate for children aged 4–11 years to €260, and €385 for children aged 12 and over. This will benefit over 262,000 children.

I am also inviting an additional 310 recently designated DEIS schools to participate in the School Meals programme which will benefit almost 60,000 additional children. In addition, my colleague Minister Foley announced that students availing of the school transport scheme will not be charged fees for the next academic year. These measures will cost an additional €67 million and will help struggling families with back-to-school costs.

The Government continues to monitor the situation carefully in preparation for the Budget. I will be meeting a range of NGOs at the Department's pre-budget forum later this month and will listen carefully to the views expressed by all organisations including, I hope, Social Justice Ireland and the Society of St Vincent de Paul.

This Government has provided timely, targeted support and I will continue to prioritise evidence-based measures aimed at supporting the most vulnerable in our society.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (330)

Catherine Connolly

Ceist:

330. Deputy Catherine Connolly asked the Minister for Social Protection if she will provide details of the promised review of the current long-term disability payment scheme; the timeline for the public consultation; and if she will make a statement on the matter. [38159/22]

Amharc ar fhreagra

Freagraí scríofa

The Roadmap for Social Inclusion 2020 – 2025 included a commitment to develop and consult on a ‘strawman’ proposal for the restructuring of long term disability payments to simplify the system and take account of the concerns expressed in the Make Work Pay report.

The Cost of Disability research report was published by my Department in December 2021, which will feed into the preparation of reform proposals. Work on these proposals is advancing within my department and will include wider consultation process in due course.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (331)

Gino Kenny

Ceist:

331. Deputy Gino Kenny asked the Minister for Social Protection the way in which the signature of a person can be provided in order to avail of social welfare supports in cases in which the person is unconscious and critically ill in hospital; the contingencies that are in place in these instances; and if she will make a statement on the matter. [38177/22]

Amharc ar fhreagra

Freagraí scríofa

In the sad circumstances outlined in the question, legislative provision has been made for this scenario. Social welfare supports can be availed of by the appointment of an agent on behalf of the person.

Section 244(1)(b) of Social Welfare Consolidation Act 2005 provides for the appointment of a nominated Agent, subject to medical certification of the payment recipient as being so incapacitated as to be unable to manage their financial affairs.

This Agent can represent the person, as necessary, in all social welfare matters and, subject to certain conditions, can receive and deal with any sums payable to the person.

Article 202(2) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007) stipulates the circumstances in which a person may be ‘unable to manage their financial affairs’, including their inability to understand possible entitlement to social welfare schemes at all, their inability to complete a claim form, deal with correspondence, handle their own claim enquiries or collect weekly scheme payments.

Community Employment Schemes

Ceisteanna (332)

Ged Nash

Ceist:

332. Deputy Ged Nash asked the Minister for Social Protection if she will reconsider a decision (details supplied) in relation to the provision of community employment participants engaged in a scheme in County Louth given the ethos and nature of the organisation in question; and if she will make a statement on the matter. [38207/22]

Amharc ar fhreagra

Freagraí scríofa

Community Employment (CE) is a labour market activation programme which provides eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in work with organisations in the community and voluntary, not-for-profit sector within their communities on a temporary fixed-term basis.

The work undertaken by participants of the programme supports local service provision by community, voluntary and not-for-profit organisations, provided that this does not displace existing service provision or employment in the open-labour market. Work placements in the private sector are not permitted.

The department’s employment support programmes are subject to ongoing monitoring by officials to ensure that they are compliant with the department’s operational requirements for grant funding and that they are achieving the best outcomes for participants and for the local communities in which they operate. Following a review of CE placements in county Louth by my department in May this year, it was found that placements by the CE sponsoring organisation concerned, with the specified football club, do not qualify for CE grant funding as the club is a private limited company.  The CE sponsor organisation and the club concerned were informed of the decision to discontinue the approval of these placements on 17th June 2022.

In order to facilitate an orderly transfer of the three CE participants who currently work at the club, to work with another organisation which is appropriate to CE, my department has allowed the continuation of the placements until Friday 26th August 2022. This will provide time for the owner of the club to consider and potentially avail of other more appropriate supports provided by my department for employers. These include the services of an employer engagement officer who will assist with the recruitment of people currently in receipt of social welfare income support payments, the JobsPlus grant, the Work Placement Experience Programme, the Wage Subsidy Scheme and the EmployAbility Service for people with disabilities. Information on services provided by my department for employers was sent to the owner of the club on 17th June this year.  The department can confirm that the CE participants involved will be facilitated with other work on the CE programme.

I will continue to support and improve each of my department’s employment support programmes for the benefit of their participants and the valuable contribution they make to local communities through the provision of services while ensuring that places are appropriate and continue to be made available to those who are long term unemployed. 

I trust this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (333)

Rose Conway-Walsh

Ceist:

333. Deputy Rose Conway-Walsh asked the Minister for Social Protection if she will ensure that all PhD students that gave up disability payments prior to the introduction of Catherine’s Law are back paid to the date of the enactment of the reform; and if she will make a statement on the matter. [38211/22]

Amharc ar fhreagra

Freagraí scríofa

My department is committed to do everything we can to assist people with disabilities to further their education.

In March 2021, I signed new regulations which will allow those in receipt of Disability Allowance (DA) to accept stipends associated with PhD scholarships.

The new disregard applies to Disability Allowance recipients and their spouse/partner who have been granted a stipend towards completing a PhD and is available for a maximum of four years.

The regulations came into effect from 1st September 2020 to exclude scholarship awards for PhD students from the means test for Disability Allowance.

DA customers that were disallowed DA due to the Stipend payment since 1st September 2020 may contact DA section for us to carry out a review of that decision. Payment may be reinstated from the date of disallowance (after 1st September 2020) providing conditions for the scheme are met.

Customers that were disallowed Disability Allowance due to the Stipend payment prior to 1st September 2020 may complete a new application form and it will be processed in the normal manner.

All requests for backdating payments to 1 September 2020 will be decided once an entitlement to DA has been established. These requests will be decided on an individual basis once all conditions for the scheme are met.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (334)

Rose Conway-Walsh

Ceist:

334. Deputy Rose Conway-Walsh asked the Minister for Social Protection if she will address the situation in which people in receipt of small payments such as a disablement benefit are being denied fuel allowance as a result such as in the case of persons (details supplied); and if she will make a statement on the matter. [38212/22]

Amharc ar fhreagra

Freagraí scríofa

The criteria for Fuel Allowance are framed in order to direct limited resources in as targeted a manner as possible. 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.

Disablement Benefit is a benefit under the Occupational Injuries Scheme. It can be paid to a recipient who suffers a loss of physical or mental faculty because of an accident at work, an accident travelling directly to or from work, or a prescribed disease contracted at work. The contribution requirements for the scheme are minimal when compared to other Departmental benefit schemes.

People in receipt of Disablement Benefit (without another social welfare payment) can work full or part time and continue to receive the Benefit Payment – in other words, they are not prevented from generating additional income.

Disablement Benefit is paid at the same time as most social welfare payments including Jobseeker’s Benefit, Jobseeker’s Allowance, Disability Allowance, Invalidity Pension, State Pension and One-Parent Family Payment. It is not considered as means for most social welfare means-assessed schemes except for Fuel Allowance, Supplementary Welfare Allowance or Working Family Payment.

Incapacity Supplement is an increase payable in addition to Disablement Benefit where a person is considered to be permanently incapable of work as a result of an occupational accident or disease and does not qualify for another Social Welfare benefit such as Illness Benefit. This Incapacity Supplement is a qualifying payment for Fuel Allowance.

Therefore, while Disablement Benefit on its own is a disqualifying payment for Fuel Allowance because a person may continue to or take up work, or may receive another social welfare payment in parallel, qualification for Incapacity Supplement in addition to Disablement Benefit qualifies that recipient for Fuel Allowance (subject to satisfying all other qualifying criteria).

I have asked officials in my Department to prepare a report reviewing the treatment of Disablement Benefit under the Fuel Allowance scheme. This report has now been finalised and the report's contents and recommendations will be considered in the context of the forthcoming budget.

I hope this clarifies the matter for the Deputy.

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