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Gnáthamharc

Tuesday, 27 Sep 2022

Written Answers Nos. 274-292

Special Educational Needs

Ceisteanna (274)

Pauline Tully

Ceist:

274. Deputy Pauline Tully asked the Minister for Education the estimated cost in 2023 if an additional 900 special needs assistants were recruited; and if she will make a statement on the matter. [47238/22]

Amharc ar fhreagra

Freagraí scríofa

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. My 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.

The annual current cost at entry of an additional full time Special Needs Assistant is calculated at €30,001 including employer PRSI. The cost of 900 additional SNAs would then be estimated at approximately €27 million.

When a school has been allocated an SNA post, 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.

State Examinations

Ceisteanna (275)

Richard Bruton

Ceist:

275. Deputy Richard Bruton asked the Minister for Education if she has plans to move the average points awarded in the leaving certificate back to the type of normal distribution which prevailed before Covid; and if so, the way that this will be accomplished. [47271/22]

Amharc ar fhreagra

Freagraí scríofa

The state examinations for 2022 saw examinations for all students, Leaving Certificate and Junior Cycle, return for the first time since 2019.

Recognising the disruption to teaching and learning which had been experienced by students as a result of the COVID-19 pandemic, in February 2022 I announced measures to address concerns that had been raised. These included changes to exam papers, beyond adjustments made at the start of the school year, which gave students added choice and time in the exam hall, relieving pressure and ensuring greater fairness.

The arrangements for the examinations of 2022 also included a commitment that the results would be, on aggregate, no lower than those of 2021. This reflected the concern that the class of 2022 might be disadvantaged in comparison with 2021, particularly when it came to access to work or further and higher education. Accordingly a “post-marking adjustment” was made to all of the results. This means that the overall aggregate set of results for 2022 is no lower than 2021.

It is important to note that the aggregate results were also no higher than in 2021, ie there was no grade inflation this year as compared with last year. In the context of consideration to be given to the complex issue of grade inflation, I have been clear that there will be no "cliff edge" return to pre-pandemic results levels.

I can also advise that, in recognition that the students sitting 2023 state examinations will have experienced some disruption to teaching and learning, adjustments to exam papers for 2023 were communicated to schools in early September. The level of adjustment will be the same as that announced in August 2021, updated as relevant, and will play to student strengths by leaving intact the familiar overall structure of the examinations, while incorporating additional choice in the examinations.

School Transport

Ceisteanna (276)

Niamh Smyth

Ceist:

276. Deputy Niamh Smyth asked the Minister for Education if matters raised in correspondence by a person (details supplied) will be reviewed; and if she will make a statement on the matter. [47310/22]

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, were 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.

Children who are eligible for school transport and who complete the application process on time are accommodated on school transport services where such services are in operation. Children who are eligible for school transport but for whom no service is available may be offered the Remote Area Grant towards the cost of making private transport arrangements. The Remote Area Grant is also payable for eligible children who may have to travel 3.2kms or more to or from a designated pick up/set down point.

The closing date for receipt of applications for the 2022/2023 School Year was 29th April 2022.

Bus Éireann has advised that an application for school transport for the pupils referred to by the Deputy was received on the 23rd February 2022 for the 2022/23 school year. Bus Éireann also advise that the pupils are eligible for school transport, however, there is no service available from where these pupils reside to the schools they are attending.

The parents of the pupils are eligible for a remote area grant from the commencement of the 2022/23 school year. Grants are paid retrospectively at the end of the school year, and School Transport Section of my Department will liaise with the parents of the pupils at that time.

Pupil-Teacher Ratio

Ceisteanna (277)

Violet-Anne Wynne

Ceist:

277. Deputy Violet-Anne Wynne asked the Minister for Education if there will be any provision in budget 2023 to allow class sizes to be reduced by two points in order to be brought to the European average as a matter of best practice (details supplied); and if she will make a statement on the matter. [47315/22]

Amharc ar fhreagra

Freagraí scríofa

Under the Programme for Government there is a commitment to seek to make further progress in reducing the pupil teacher ratios in primary schools.

At primary level, the annual staffing schedule determines the allocation of teachers to schools. The staffing schedule has been improved under both Budgets in the past two years. For the 2022/23 school year, the staffing schedule for primary schools has been improved by one point and our schools are currently staffed at the most favourable level ever seen, on the basis of 1 teacher for every 24 pupils. Budget 22 also provided lower staffing retention levels for all primary schools.

The latest figures in relation to pupil teacher ratio shows an improved ratio of teachers to pupils from 15.7:1 to 13.7:1 at primary level when comparing the 2016/17 school year to the 2021/22 school year. This compares favourably with the OECD pupil teacher ratio which is 1:15. In the same period the staffing schedule improved from 27:1 to 25:1. Average class sizes improved from 24.6 to 22.8 in the same period.

Further improvements will have to be considered in the context of the annual budgetary process.

National Educational Psychological Service

Ceisteanna (278)

Violet-Anne Wynne

Ceist:

278. Deputy Violet-Anne Wynne asked the Minister for Education if the Government will accept calls by an organisation (details supplied) for a wider availability of age-appropriate supports through the National Educational Psychological Service; and if she will make a statement on the matter. [47316/22]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the calls for the provision of counselling services in schools. My Department’s National Educational Psychological Service (NEPS) provides educational psychological support to all primary and post-primary schools. This involves direct support in the event of a critical incident, access to national and regional support and development work to build school capacity to support students, access to a NEPS psychologist for responses to queries arising, and access to individual pupil casework where there is need via a NEPS psychologist or through the Scheme for the Commissioning of Psychological Assessments (SCPA).

In addition to this work NEPS provides national and regional support and development work to build school capacity to support students. NEPS provides the following supports to schools:

- NEPS has developed training for school staff on the promotion of well-being and resilience in schools which include upskilling school staff on the use and implementation of therapeutically-informed approaches in schools. These include trauma-informed approaches, approaches based on the principles of cognitive behaviour therapy, and attachment-aware approaches. The approaches outlined in the training are based on research findings, on the experience of experts in their fields and on the experience of practising psychologists working in schools. The training will build the capability of school staff in both primary and post-primary settings, including for school leaders, teachers and SNAs.

- NEPS) will shortly resume the provision of training for school staff on the Friends for Life programmes to help reduce anxiety in children and also the Incredible Years Classroom Management System. Priority will be given to schools new to DEIS.

- NEPS has launched an eLearning course - Responding to Critical Incidents in Schools. This course is aimed specifically at the school’s Critical Incident Management Team, but open to all interested staff.

- NEPS has developed a number of resources to support the well-being of children and young people from Ukraine enrolling in schools in Ireland. This includes:

Revised Guidance for primary and post – primary schools in relation to supporting the well-being of children/young people from Ukraine at this time. This includes support for students with special educational needs.

Guidance for Parents and Carers from Ukraine on Supporting the Well-being of their Children

A model of Psychological First Aid (PFA) to help teachers support students. The document is called Look, Listen & Link.

NEPS has also delivered a series of well-being webinars via the Education Support Centres of Ireland, to further support schools.

Question No. 279 answered with Question No. 213.

Special Educational Needs

Ceisteanna (280)

Violet-Anne Wynne

Ceist:

280. Deputy Violet-Anne Wynne asked the Minister for Education if her Department plans to reinstate and expand the in-school and early years therapy support demonstration project; and if she will make a statement on the matter. [47323/22]

Amharc ar fhreagra

Freagraí scríofa

Budget 2019 allocated €4.75 million for the implementation of the recommendations of the Comprehensive Review of the Special Needs Assistant Scheme. The School Inclusion Model (SIM) is based on policy advice from the National Council for Special Education, based on the principle of providing the right support at the right time, delivered by a range of personnel with relevant qualifications and skill-sets. Its purpose is to help students achieve better outcomes. Independent evaluation is a central part of the project and the outcome will inform future policy on the potential to extend SIM to other schools.

The project includes a number of elements:

- Availability of therapists (speech and language, occupational) to schools to build teacher capacity

- Allocation of SNAs on a frontloaded basis

- Additional professional supports for the school including psychology, behavioural and professional development

- Training of SNAs

In February 2019, the Government approved the trialling of the Model for the 2019/20 school year. Initially designed as a one year pilot involving up to 75 participating schools in the CHO 7 region, it was interrupted by Covid-19 with the closure of schools and the diversion of HSE therapists from the project to Covid related work. It was then extended to the 2020/21 school year which was also interrupted by Covid. Progress has been made on aspects of the Model but much remains to be done in terms of in-school implementation and evaluation. The Pilot recommenced in November 2021 in CHO7.

There are a number of challenges and barriers to continuing the roll-out of SIM in CH07 and expanding SIM to other areas at this time. The single biggest challenge is the availability of therapists. While the Department’s initial intention was to expand SIM to other areas, pressures relating to workforce supply (therapists and psychologists) have resulted in SIM being limited to one CHO area. This will remain in 2023.

The Health Service Executive (HSE) are engaging with CORU (regulatory body over therapists) to determine how the current registration process can be expedited. The HSE are engaging with the Department of Health, the Department of Children, Equality, Disability, Integration and Youth ( DCEDIY) and Dept. of Higher Education to explore how the Higher Education Institutes can increase third level capacity, with a focus on an initiative to commence in September 2023.

School Transport

Ceisteanna (281)

Ged Nash

Ceist:

281. Deputy Ged Nash asked the Minister for Education when a decision will be made on the appeals made by a person (details supplied) in County Louth against the decision not to be provided school bus tickets in 2022; and if she will make a statement on the matter. [47333/22]

Amharc ar fhreagra

Freagraí scríofa

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

In July 2022, Government announced funding for the waiving of school transport scheme fees for the coming school year as part of a wider package of cost of living measures.

Ticket registration for the 2022/23 school year closed on 29 July by which time almost 130,000 applications/registrations were received for mainstream school transport. This figure includes 44,299 new applications as well as roll-overs from the previous school year.

Bus Éireann are processing applications and issuing tickets as soon as extra buses and drivers are sourced and become available to provide transport for the higher numbers qualifying for the service.

The normal eligibility criteria of the scheme still apply and tickets continue to be allocated in line with this criteria. Pupils at primary level are eligible where they live no less than 3.2 kilometres from and are attending their nearest primary school. At post primary level, students who live no less than 4.8 kilometres from and are attending their nearest post primary school/education centre are deemed eligible.

Any pupils/students who do not meet these criteria are deemed not eligible, or otherwise known as concessionary applicants, and are allocated a ticket based on the availability of a seat when all eligible children have been catered for.

In line with normal practice, all eligible children who completed the application and ticket registration process on time for the 2022/2023 school year will be accommodated on school transport services where such services are in operation.

In addition, pending completion of the outcome of the full review of the School Transport Scheme, Temporary Alleviation Measures at post-primary level will be continued for the 2022/2023 school year. Under these measures, which were initially introduced in 2019, transport will provided for post-primary pupils who are eligible for transport to their nearest school and are attending their second nearest school and who applied by the 29 April and registered for a ticket by the 29 July.

Because of the nature of concessionary transport for non-eligible children and the priority of providing places for eligible children, there may be an excess of demand over supply for concessionary places, in these cases Bus Éireann will allocate tickets for spare seats using an agreed selection process.

Bus Éireann has advised that the children referred to by the Deputy are not eligible for school transport under the terms of the school transport scheme as they are not attending their nearest or second nearest post primary centre. These pupils were unsuccessful in obtaining concessionary seats for the 2022/23 school year as the existing service is operating to capacity and there are no seats available at present.

Schools Building Projects

Ceisteanna (282)

Pádraig Mac Lochlainn

Ceist:

282. Deputy Pádraig Mac Lochlainn asked the Minister for Education if she will provide an update on the plans for new school buildings at a school (details supplied), including a timeframe for the commencement of construction and completion of works. [47335/22]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy is currently at Stage 3 (tender action and award).

Following changes to the Planning Acts, introduced in September 2021, a new application for planning permission is required, which is being finalised by the Design Team.

A new tender process, including the shortlisting of contractors, will run parallel with the new planning application. The new prequalification notices have been published on e-tenders.

Subject to no issues arising, it is envisaged that works could commence on site in Quarter 2 of 2023 with a completion timeframe of approximately 27 months.

Schools Building Projects

Ceisteanna (283)

Pádraig Mac Lochlainn

Ceist:

283. Deputy Pádraig Mac Lochlainn asked the Minister for Education if she will provide an update on the plans for new school buildings at a school (details supplied), including a timeframe for the commencement of construction and completion of works. [47336/22]

Amharc ar fhreagra

Freagraí scríofa

The project to which the Deputy refers has been devolved for delivery to Donegal Education and Training Board (DETB).

I am pleased to inform you that the tender process is ongoing and the closing date for the Reserve Specialists is in October 2022. Following the completion of this tender process and a Departmental review of the Tender Assessment Reports, construction will commence on-site. Providing no significant issues arise, the Department currently projects that construction should commence in Q1 2023. DETB will be engaging directly with the school authority to keep it informed of progress.

Schools Building Projects

Ceisteanna (284)

Pádraig Mac Lochlainn

Ceist:

284. Deputy Pádraig Mac Lochlainn asked the Minister for Education if she will provide an update on the plans for new school buildings for schools (details supplied), including a timeframe for the commencement of construction and completion of works. [47337/22]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that the building project for the school to which he refers has now been devolved for delivery to Donegal Education and Training Board (DETB).

A Design Team for the project was appointed in July 2022. This team will now design the buildings, obtain the necessary statutory planning permissions, and move the project to procurement and construction stage. As the project is at an early stage in the delivery process, it is not possible at this time to give a date for its completion. DETB will be engaging directly with the school authority to keep it informed of progress.

Social Welfare Schemes

Ceisteanna (285, 313)

Niamh Smyth

Ceist:

285. Deputy Niamh Smyth asked the Minister for Social Protection if matters raised in correspondence by an organisation (details supplied) will be reviewed; if her Department is considering free travel for persons with an epilepsy diagnosis; and if she will make a statement on the matter. [47305/22]

Amharc ar fhreagra

Catherine Connolly

Ceist:

313. Deputy Catherine Connolly asked the Minister for Social Protection her plans to extend access to a free travel pass to persons with epilepsy, or other medical conditions, who temporarily lose their driving licences as a result of their condition, to cover the period in which they are not permitted to drive; and if she will make a statement on the matter. [46939/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 285 and 313 together.

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are approximately 1,043,000 customers with direct eligibility. The estimated expenditure on free travel in 2022 is €95 million.

It is important to note that, in general, access to a free travel pass for those aged under 66 is linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit. Crucially, as many illnesses or physical conditions have an impact across a spectrum from mild to severe, entitlement to these social welfare schemes is not provided on the basis of a diagnosis but on the basis of the impact of that diagnosis on the individual concerned. In this way, resources can be targeted to people in most need.

Therefore, while a diagnosis of a particular medical condition will be required to establish if a person may be eligible for certain social welfare schemes, evidence of impact is also required before entitlement to the scheme or the related free travel scheme is established. The sole exception to this general approach is in respect of people who are blind.

While consideration is always given to any requests to improve or extend eligibility to the free travel scheme, uncoupling the link between receipt of particular social welfare payments and eligibility for the free travel scheme would so fundamentally alter the scheme that it would move it away from being a social welfare measure to being a general transport initiative.

Any such change would also require potentially very significant additional funding for the free travel scheme and would have to be considered in the context of overall budgetary negotiations.

I am aware of an ongoing campaign by Epilepsy Ireland and recognise the issues and difficulties that can arise due to a person being diagnosed with epilepsy and who is unable to drive as a result of their condition. I have met with representatives of Epilepsy Ireland to discuss its proposal in detail.

Following the meeting, I asked my Department officials to examine the issues raised by Epilepsy Ireland. This work is still ongoing.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need which they cannot meet from their own resources. These payments are available through our Community Welfare Officers and include help towards recurring travel costs that cannot be met from the person's own resources and are deemed to be necessary. Every decision is based on consideration of the circumstances of the case, taking account of the nature and extent of the need and of the resources of the person concerned.

I hope this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (286)

Brendan Howlin

Ceist:

286. Deputy Brendan Howlin asked the Minister for Social Protection the position in respect of education workers who need to sign for unemployment benefits during holiday periods; if claims are closed by her Department when such persons return to work or if the claims remain permanently open; and if she will make a statement on the matter. [46573/22]

Amharc ar fhreagra

Freagraí scríofa

Educational Sector Workers (ESWs) who wish to avail of income support while temporarily laid-off during the school breaks can apply for a jobseeker’s payment but must satisfy all the qualifying conditions to receive this payment. When an education worker returns to employment after a temporary lay-off, their jobseeker's claim is stopped until the next school break. A 'payment suspend' is inserted on the claim on the date the person returns to employment to ensure that no additional jobseeker’s payments issue incorrectly to a person. When a person makes a repeat jobseeker’s claim, the 'payment suspend' is lifted and the claim becomes active again.

Jobseeker claims do not remain permanently open as all claims are subject to review and may be closed where a person no longer satisfies the conditions to receive the payment and where a person is no longer in contact with the Department.

I trust this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (287)

Claire Kerrane

Ceist:

287. Deputy Claire Kerrane asked the Minister for Social Protection if persons may reapply for the one-parent family payment immediately in circumstances in which the relationship ends and the lone parent is no longer in receipt of the payment or any household income; if she will advise on the process in ensuring that lone-parent families are provided with supports in situations in which their household income is dramatically reduced or removed altogether; and if she will make a statement on the matter. [46600/22]

Amharc ar fhreagra

Freagraí scríofa

Under social welfare legislation, the onus is on a person to apply for One-Parent Family Payment if s/he believes that s/he has an entitlement. A claim for One-Parent Family Payment should be made within three months of the date of entitlement.

For a person to qualify as a separated or divorced person or a person whose civil partnership has been dissolved, s/he must have been living apart from his/her spouse/civil partner for at least 3 months and have made and continue to make appropriate efforts to get maintenance from his/her spouse/civil partner where that spouse/civil partner is the parent of the child/ren. If an application is received within 6 months of the date of separation, the claim may be awarded from first day of entitlement, that is, 3 months after the separation.

Depending on their financial circumstances, a person may claim Supplementary Welfare Allowance while awaiting a decision on their One-Parent Family Payment claim.

I trust that clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (288)

Claire Kerrane

Ceist:

288. Deputy Claire Kerrane asked the Minister for Social Protection if consideration has been given to reducing the six-month eligibility rule to move from illness benefit to partial capacity benefit given that there are circumstances where a person suffers an injury or condition which reduces their ability to work for the medium to long-term, but where they could return to work on a part-time basis within several months of receiving illness benefit; and if she will make a statement on the matter. [46601/22]

Amharc ar fhreagra

Freagraí scríofa

My Department provides income supports for those unable to work due to illness or disability, both social insurance and means tested schemes. There is a range of schemes available to people who make Pay Related Social Insurance (PRSI) contributions.

Invalidity Pension is a social insurance payment for people who are deemed permanently incapable of work due to a long-term illness or disability. Eligibility is subject to a medical assessment and PRSI contribution conditionality.

Illness Benefit is the primary income support payment for people who are unable to attend work due to illness, and who have made the necessary PRSI contributions. Certification for the scheme is by the person’s treating physician, in most cases a General Practitioner.

The Partial Capacity Benefit scheme allows a person who is in receipt of Invalidity Pension or Illness Benefit (the latter for 26 weeks) to enter or return to employment or self-employment and to continue to receive a partial or full payment. Following a 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 income support payment. Partial Capacity Benefit has also been designed so there are no restrictions or limits on earnings from employment or on the number of hours a person can work.

There are no plans to reduce the 26 weeks eligibility rule from Illness Benefit to Partial Capacity Benefit at this time.

It is worth noting that under the Roadmap for Social Inclusion and Pathways to Work strategies, the Department has committed to developing and consulting on a ‘strawman’ proposal for the restructuring of long-term disability payments to simplify the system; remove inconsistencies and anomalies, recognise the continuum of disability and to support employment. Work is currently underway within the Department, with a public consultation process to commence in due course.

My Department will continue to keep its range of supports under review to ensure that they meet their overall 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 for the Deputy.

Social Welfare Benefits

Ceisteanna (289)

Brendan Griffin

Ceist:

289. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for disability allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46650/22]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that the above named person applied for disability allowance (DA) on 22 June 2022.

The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

The application was referred to a Social Welfare Inspector (SWI) on 23 August 2022 for a report on the person’s means and circumstances. This report was returned to the department.

On 21 September 2022 an option letter was sent to the person concerned asking him to confirm if he wishes to proceed with his DA claim or stay on his current social welfare payment which is being paid at a higher rate.

On receipt of this information a decision will be made and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (290)

Seán Sherlock

Ceist:

290. Deputy Sean Sherlock asked the Minister for Social Protection when the State pension (contributory) will issue to a person (details supplied); and if she will make a statement on the matter. [46666/22]

Amharc ar fhreagra

Freagraí scríofa

According to the records of my Department, the person concerned reached pension age on 14 August 2022. Their application for State pension (contributory) was received on 26 April 2022.

The person concerned has been awarded State Pension (contributory) from their 66th birthday at the maximum rate. They were notified of the decision in writing on 23 September 2022.

I hope this clarifies the position for the Deputy.

Pension Provisions

Ceisteanna (291)

Noel Grealish

Ceist:

291. Deputy Noel Grealish asked the Minister for Social Protection if Statutory Instrument 295 of 16 May 2022, which removed the exemption of one member arrangements and executive pension plans conflicts with the long-standing Pensions Authority advice which indicated that there would be no exemptions from institutions for occupational retirement provision 11 for these plans until there was a viable alternative product in place; his views on whether the Statutory Instrument conflicted with the Pensions Authority deadline of 1 July 2022 for compliance with new requirements given that there is still no viable alternative product available; and if she will make a statement on the matter. [46713/22]

Amharc ar fhreagra

Freagraí scríofa

The Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations 2022 (S.I No. 295 of 2022) amended the principal disclosure-related regulations made under the Pensions Act 1990, namely, S.I. No. 301 of 2006 in order to take account of the Government decision of January 2019 that requirements of the IORP II Directive would apply to all relevant pension arrangements by removing existing exemptions applying to certain schemes.

IORP II sets out minimum standards for the management and supervision of pension schemes with the objective of ensuring the soundness of occupational pensions and better protections for scheme members and beneficiaries across the European Union.

The general principle followed in respect of the transposition of IORP II, in keeping with the Government’s Roadmap for Pensions Reform, is that the requirements of IORP II apply to all schemes and trust RACs including one-member arrangements (‘OMAs’). This is in order to ensure that all members and beneficiaries are afforded equal protection irrespective of the size of the pension arrangement. It should be noted that the decision to apply the requirements of IORP II to all schemes and trust RACs was announced by the Government in 2019 and it was expected that trustees and insurance providers would have been preparing for compliance with these requirements in advance of transposition. IORP II was transposed into Irish law through the European Union (Occupational Pension Schemes) Regulations 2021 (S.I. No. 128 of 2021) and came into effect on 22 April 2021.

In relation to existing OMAs (already established on or before S.I. No. 128 of 2021 came into effect on 22 April 2021), a five-year derogation from that date applies in respect of new IORP II requirements.

In the context of OMAs established on or after that date, the April 2021 regulations did not provide for any form of derogation from IORP II requirements and, consequently, such arrangements are required to meet all such new requirements, as appropriate, from the date they were established. From a supervision perspective, the Pensions Authority has, however, outlined that it was applying a deadline of 1st July 2022 in respect of OMA’s compliance with those new requirements.

My Department's role is to oversee the pension sector from a policy perspective which includes formulating and implementing pensions policy-related measures including transposing EU pension-related instruments into Irish law.

The Pensions Authority, which is the independent regulator for pensions in Ireland (and the competent authority within the meaning of IORP II), is responsible for supervising compliance with the requirements of both IORP II and the Pensions Act 1990. The Pensions Authority has advised that it published information for trustees on its website on 14th July 2022 setting out its position on the implementation of the audited report requirements provided for under the regulations referred to by the Deputy.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (292)

Brendan Griffin

Ceist:

292. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for an additional needs payment from a person (details supplied) in County Kerry; and if she will make a statement on the matter. [46722/22]

Amharc ar fhreagra

Freagraí scríofa

An Exceptional Needs Payment has been awarded to the person concerned and a payment for €150 will be available for collection at his local Post Office on Wednesday, 28/09/2022. A letter advising the person of the award has issued to his home address.

I trust this clarifies the matter.

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