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Gnáthamharc

Tuesday, 25 Oct 2022

Written Answers Nos. 438-459

State Pensions

Ceisteanna (438)

Matt Shanahan

Ceist:

438. Deputy Matt Shanahan asked the Minister for Social Protection if she and her Department have plans to revert the contribution eligibility criteria for the State pension (contributory) to pre-2012 band rates; if she will request her Department to review the numerous applications made by a person (details supplied) in County Waterford who, through no fault of their own, falls outside the eligibility criteria currently set out for both the contributory and non-contributory pension; if she will outline in detail the reason that their years spent as a home carer are not being taken into consideration in this instance; and if she will make a statement on the matter. [52813/22]

Amharc ar fhreagra

Freagraí scríofa

According to the records of my Department, the person concerned reached pension age on 26 February 2017. An application for State pension (contributory) was received on the 06 June 2018.

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. According to the records of my Department the person concerned has a total of 324 full-rate contributions. Since their contributions fall short of the requisite 520 paid full-rate contributions, they do not qualify for State pension (contributory).

They were notified in writing of this decision on 20 July 2018, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and/or appeal.

It is considered reasonable to require people claiming a contributory pension to have made at least 10 years of paid contributions over the term of their working life, before qualifying for a payment. This was also endorsed by the Commission on Pensions.

Both the homemakers scheme and home caring credits can be used to improve a person’s rate of pension entitlement. However, a person must firstly satisfy the qualifying conditions for State Pension (contributory) to avail of either of these schemes.

The person concerned applied for the means-tested State pension (non-contributory) on a number of occasions, most recently this year (2022). Based on the information provided with their application, they did not qualify for this payment. Their assessed weekly means exceeded the current statutory limit for State pension (non-contributory). If the person concerned believes that their circumstances have changed, it is open to them to reapply.

Under the supplementary welfare allowance scheme, my Department can make additional needs payments to help meet expenses where a person cannot do so from their weekly income. Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the matter for the Deputy.

Social Welfare Code

Ceisteanna (439)

Willie O'Dea

Ceist:

439. Deputy Willie O'Dea asked the Minister for Social Protection if the extra benefits announced in Budget 2023 for people on disability allowance will be available to those who have come off disability allowance on a temporary basis to undertake Solas training courses; and if she will make a statement on the matter. [52886/22]

Amharc ar fhreagra

Freagraí scríofa

As part of Budget 2023, the Social Protection budget has been designed to assist people with Cost-of- Living increases through a mix of lump sum payments, increases to weekly payment rates and an expansion of the fuel allowance scheme.

The measures introduced include the provision of a one-off €500 Cost-of-Living lump sum payment, which will be paid during November 2022 to recipients of the Disability Allowance, Blind Pension, Invalidity Pension and the Carer's Support Grant. Recipients who are in receipt of one (or more) of these payments will qualify for the €500 payment.

Those attending a Solas training course are not eligible for the €500 Cost-of-Living lump sum payment.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (440)

Brendan Griffin

Ceist:

440. Deputy Brendan Griffin asked the Minister for Social Protection if she will provide details on the way in which the total contribution approach for calculating pensions will be phased in over ten years starting in 2024; if averaging will be available during this ten-year period; and if she will make a statement on the matter. [52897/22]

Amharc ar fhreagra

Freagraí scríofa

I announced a series of landmark reforms to the State Pension system on 20th September 2022. The measures, which were approved by Government, are in response to the recommendations from the Commission on Pensions. The set of measures represent the biggest ever structural reform of the Irish State Pension system.

The reforms announced included a phased 10-year transition to the Total Contributions Approach and the abolition of the Yearly Average approach for calculating individual State Pension (Contributory) entitlement, to commence from January 2024. The transitional arrangements are to avoid a ‘cliff edge’ effect and to mitigate the impact of the move on the first cohort. During this transition period, individual pension rates will be based on best of the Total Contributions Approach, or a rate based on mix of Yearly Average and Total Contributions Approach, with the proportion accounted for by Yearly Average reducing from 90% to zero over 10 years and the proportion accounted for by the Total Contributions Approach increasing commensurately.

The current model of Interim TCA method, also known as the Aggregated Contribution Method, will become the definitive Total Contributions Approach model. A person can qualify for the maximum personal rate of State Pension (Contributory) if she/he has 40 years or more PRSI full-rate paid contributions. If a person has fewer than 40 years PRSI full-rate paid contributions, HomeCaring Periods and PRSI Credits can be used as part of the State Pension payment rate calculation, where they satisfy the other qualifying conditions for the scheme. There is provision for 10 years of PRSI Credits and 20 years of HomeCaring Periods, but with a cap of 20 years combined PRSI Credits and HomeCaring Periods.

My officials are working to implement the reforms, including the drafting of legislation and development of administrative and IT systems as necessary.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (441)

Richard Boyd Barrett

Ceist:

441. Deputy Richard Boyd Barrett asked the Minister for Social Protection if the case of a person (details supplied) will be addressed; and if she will make a statement on the matter. [52898/22]

Amharc ar fhreagra

Freagraí scríofa

According to the records of my Department, a letter issued to the person concerned on 20/10/2022 requesting further information in support of his application for an Exceptional Needs Payment.When this information is returned, the person’s application will be processed promptly.I trust this clarifies the matter.

Social Welfare Eligibility

Ceisteanna (442)

Niamh Smyth

Ceist:

442. Deputy Niamh Smyth asked the Minister for Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [52914/22]

Amharc ar fhreagra

Freagraí scríofa

According to the records of my Department, further information was requested from the person concerned on 20/10/2022 in support of her application for an Exceptional Needs Payment. When this information is returned, the person’s application will be processed promptly.I hope this clarifies the matter.

Community Welfare Services

Ceisteanna (443, 459)

Thomas Pringle

Ceist:

443. Deputy Thomas Pringle asked the Minister for Social Protection the plans for community welfare services in south Donegal given that there is currently a post vacant and there are a number of community welfare officers on extended sick leave; and if she will make a statement on the matter. [52932/22]

Amharc ar fhreagra

Thomas Pringle

Ceist:

459. Deputy Thomas Pringle asked the Minister for Social Protection when it is likely that the vacancy for a community welfare officer in Kinlough and Donegal Town will be filled after the post became vacant in mid-October 2022; and if she will make a statement on the matter. [53155/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 443 and 459 together.

Work in my Department is underway to fill staffing vacancies in the Community Welfare Service which have arisen around the country, including in Co Donegal.

The delivery of crucial community welfare services to meet the challenges and the needs of citizens across the country is a priority for the Government and for the Department of Social Protection.I trust this clarifies the matter for the Deputy.

Social Welfare Code

Ceisteanna (444)

Bernard Durkan

Ceist:

444. Deputy Bernard J. Durkan asked the Minister for Social Protection if any assistance towards electricity and fuel bills is available to a person (details supplied) who is currently in receipt of jobseeker’s benefit and is struggling to pay for heating oil; and if she will make a statement on the matter. [52934/22]

Amharc ar fhreagra

Freagraí scríofa

Under the Supplementary Welfare Allowance scheme, my Department can make additional needs payments to help meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

The scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

The person concerned applied for assistance with her bills. Further information was requested from the person on 18/10/2022 in support of her application. When this information is returned to my department, the person’s application will be promptly processed.

I trust this clarifies the matter.

State Pensions

Ceisteanna (445)

Chris Andrews

Ceist:

445. Deputy Chris Andrews asked the Minister for Social Protection if the refusal of a pension (non-contributory) will be examined for a person (details supplied). [52948/22]

Amharc ar fhreagra

Freagraí scríofa

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. For the purposes of the means test, cash income, including any additional pension(s), the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant hold or co-hold, are assessable.

The person concerned applied for state pension non-contributory on 1 September 2022. Following an investigation, a Social Welfare Inspector submitted their report to the Deciding Officer on 5 October 2022, stating that the person concerned had failed to fully disclose their means to the Inspector and had failed to provide sufficient documentary evidence of their habitual residence in the State, for the purposes of determining state pension entitlement.

As the requested information was not provided, the person's state pension application was disallowed on the grounds of both non-disclosure of means and failure to provide sufficient documentary evidence of habitual residence. On 10 0ctober 2022, the person concerned was notified in writing of the reasons for this decision and of their right to request a review of the decision or to appeal the decision to the independent Social Welfare Appeals Office. To date, there is no record of the person concerned appealing the decision.

It is open to the person concerned to provide documentary evidence, as previously requested, seeking a review of their state pension claim. Their claim will be reviewed without delay and they will be notified of the outcome in writing.

I hope this clarifies the matter for the Deputy.

Social Welfare Code

Ceisteanna (446)

Bernard Durkan

Ceist:

446. Deputy Bernard J. Durkan asked the Minister for Social Protection if any further assistance is available to a person (details supplied); and if she will make a statement on the matter. [52950/22]

Amharc ar fhreagra

Freagraí scríofa

Under the Supplementary Welfare Allowance scheme, my Department can make additional needs payments to help meet expenses that a person cannot pay from their weekly income. The scheme is demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

Following your representation, an application pack has been issued to the person concerned. When a completed form and any supporting documentation is returned to my department, the person’s application will be promptly processed.

I trust this clarifies the matter.

State Pensions

Ceisteanna (447)

Marian Harkin

Ceist:

447. Deputy Marian Harkin asked the Minister for Social Protection if she will review an issue (details supplied) in relation to D stamp pensioners; and if she will make a statement on the matter. [52955/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

In Budget 2023, I was pleased to announce the largest ever expansion of the Fuel Allowance Scheme. As part of this, from January 2023, a new means test will be introduced for over 70s. Under the new means test, a single person over 70 will be able to have income of €500 per week and a couple will be able to have income of €1,000 per week and still qualify for Fuel Allowance

Those age 70 or over will also no longer be required to be in receipt of a qualifying Social Welfare payment to be able to access the Fuel Allowance payment. All other relevant qualifying conditions for the Fuel Allowance payment will have to be satisfied.

I hope this clarifies the matter for the Deputy.

Social Welfare Code

Ceisteanna (448)

Jennifer Murnane O'Connor

Ceist:

448. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the reason that there is no supplementary welfare for persons on low income or who are in receipt of social welfare payments to help with the cost of buying gluten free food vital for their health; and if she will make a statement on the matter. [52980/22]

Amharc ar fhreagra

Freagraí scríofa

Diet supplement, administered under the supplementary welfare allowance scheme, is payable to qualifying persons, in receipt of the supplement prior to February 2014, who have been prescribed a special diet because of a specified medical condition. There are currently approximately 1,300 people in receipt of diet supplement.

A review of the costs of healthy eating and specialised diets by the Irish Nutrition and Dietetic Institute was commissioned by the Department during 2013. The research showed that the average costs across all the retail outlets of the diets supplemented under the scheme could be met from within one-third of the minimum personal rate of social welfare payment, i.e. the Supplementary Welfare Allowance (SWA) rate, which was then paid at €186 per week (and is currently paid at €206 per week). The diet supplement scheme was discontinued for new applicants from 1 February 2014 based on this evidence.

Recipients continue to receive the diet supplement at their existing rate of payment for as long as they continue to have an entitlement to the scheme or until their circumstances change. This ensured that nobody was immediately worse off by the closure of the scheme.

The Supplementary Welfare Allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).

Under the SWA scheme, a supplement can be awarded to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary. In addition, officers can make a single ANP to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. Decisions on ANPs and SWA supplements are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case.

Any person who considers that they may have an entitlement to financial support should contact their local Community Welfare Service for assistance. There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Ceisteanna (449)

Jennifer Murnane O'Connor

Ceist:

449. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the reason that persons on illness benefit are not entitled to the Christmas bonus, fuel allowance or any other supports in view of the cost-of-living crisis and recent fuel hikes; and if she will make a statement on the matter. [52981/22]

Amharc ar fhreagra

Awaiting Reply from Department.

Fuel Prices

Ceisteanna (450)

Niamh Smyth

Ceist:

450. Deputy Niamh Smyth asked the Minister for Social Protection the status of a fuel allowance application by a person (details supplied); and if she will make a statement on the matter. [52985/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April. One of the conditions for receipt of fuel allowance is that a person must satisfy a means test.

The person concerned applied for Fuel allowance on 28 September 2022. Following a means assessment, it was determined that the household means were €426.48 which exceeded the permissible weekly means of €373.30 for the household. The application was disallowed, and the person concerned was notified in writing.

From January 2023, there will be a new means threshold for people aged 70 and over, of €500 for a single person and €1,000 for a couple.

The arrangements for applications under the new Fuel Allowance criteria will be announced later in the year.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (451)

Michael Creed

Ceist:

451. Deputy Michael Creed asked the Minister for Social Protection if she will reconsider a decision in respect of eligibility for the disability allowance in cases in which the medical criteria are clearly qualifying the applicant and in which the financial means test as currently applied is using the capital value as opposed to the rental income from a second property to disqualify the applicant in view of the accounts (details supplied) that were approved by accountants and submitted to the Revenue Commissioners; if she will review this case given the circumstances; and if she will make a statement on the matter. [53040/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to acknowledge receipt of accounts for the year 2021 for the person concerned.

The additional information received in the form of the accounts for 2021 would not change the decision that was made in relation to the means assessed for the person concerned

The decision was made in line with current legislation in relation to assessing second properties which are assessed on the capital value of the property, not with the income from the letting of this property

I trust this clarifies the matter for the Deputy

Social Welfare Benefits

Ceisteanna (452)

Michael Healy-Rae

Ceist:

452. Deputy Michael Healy-Rae asked the Minister for Social Protection if rent allowance is being paid to persons who live in mobile homes; if not, the reason for same; and if she will make a statement on the matter. [53050/22]

Amharc ar fhreagra

Freagraí scríofa

Rent supplement continues to play a key role in supporting families and individuals in private rented accommodation, with the scheme providing support to 10,118 recipients at the end of September 2022.

The scheme provides short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The scheme ensures that those who were renting, but whose circumstances have changed due to temporary loss of employment or income, can continue to meet their rental commitments.

Social welfare legislation is specific in relation to the type of residence for which a rent supplement may be provided under statutory Instrument No. 412 of 2007 and requires a bona fide tenancy agreement under section 198 (3FA) Social Welfare (Consolidation) Act 2005.

The Residential Tenancies Acts 2004-2022 regulate the landlord-tenant relationship in the private rented sector, including tenancies in AHB’s and co-living dwellings, and set out the rights and obligations of landlords and tenants. Under Section 4(1) of this Act the definition of a “dwelling excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not)."

It is the Department’s view that a mobile home is excluded from the definition of a building or a dwelling and as such it is not possible to pay rent supplement in respect of such a structure.

Information on the type of residence of rent supplement recipients is not collated.

I trust this clarifies the matter for the Deputy

Social Welfare Benefits

Ceisteanna (453)

Michael Healy-Rae

Ceist:

453. Deputy Michael Healy-Rae asked the Minister for Social Protection the number of supplementary welfare allowance applications that have been made since 1 May 2022 to date; the number that have been approved, refused and still awaiting a decision by county; and if she will make a statement on the matter. [53067/22]

Amharc ar fhreagra

Awaiting Reply from Department.

Social Welfare Offices

Ceisteanna (454)

Paul Murphy

Ceist:

454. Deputy Paul Murphy asked the Minister for Social Protection if she will confirm that there has been no community welfare officer in the Tallaght Intreo office since 2020; and if not, the reason for same. [53068/22]

Amharc ar fhreagra

Freagraí scríofa

There are four Community Welfare Officers based in the Tallaght Intreo Centre and they have been and continue to be available to meet with citizens during office opening hours daily, Monday to Friday.I trust this clarifies the matter.

Fuel Poverty

Ceisteanna (455)

Joe Flaherty

Ceist:

455. Deputy Joe Flaherty asked the Minister for Social Protection if the increase to the living alone allowance is calculable income when qualifying for the fuel allowance. [53078/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

When assessing the means of a Fuel Allowance applicant, in the case of applicants in receipt of the Increase for Living Alone (ILA), an increase to the allowable means equivalent to the ILA rate is applied. This ensures that the payment of the ILA will not affect the person's entitlement to the Fuel Allowance payment.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (456)

Niamh Smyth

Ceist:

456. Deputy Niamh Smyth asked the Minister for Social Protection if she will provide an update on an appeal by a person (detail supplied); and if she will make a statement on the matter. [53103/22]

Amharc ar fhreagra

Freagraí scríofa

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 28 July 2022. 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. These papers were received in the Social Welfare Appeals Office on 17 October 2022.

The case was referred to an Appeals Officer on 19 October 2022, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (457)

Richard Boyd Barrett

Ceist:

457. Deputy Richard Boyd Barrett asked the Minister for Social Protection if illness benefit recipients will the receive the November 2022 cost-of-living double payment; and if not, if she will outline the rationale behind that decision; and if she will make a statement on the matter. [53120/22]

Amharc ar fhreagra

Freagraí scríofa

The Autumn Cost of Living double payment is part of a range of measures in Budget 2023 to mitigate the effects of the increased cost of living.

The Autumn Cost of Living double payment will be paid to recipients of Disability Allowance, Invalidity Pension, Blind Pension, Disablement Benefit and Partial Capacity Benefit.

Qualifying payments for the autumn double payment are those payments that are considered long-term payments. People on long-term payments are unlikely to have additional resources of their own and are more vulnerable to being at risk of poverty. It is for this reason that the Department allocates additional payments, supports and resources to help this cohort of claimants.

Illness Benefit is not a qualifying payment for the Autumn double payment. In the vast majority of cases, Illness Benefit is a short-term payment for those who are certified by their GP as needing to take time out from their employment. This means there is a constant daily churn in terms of Illness Benefit recipients as people take time off/return to work. In addition, in many cases Illness Benefit is paid directly to the employer where sick pay is paid.

Most recipients of Illness Benefit still have an attachment to the labour force and there is an expectation that they will return to work.

Long-term Illness Benefit recipients who are permanently incapable of work may be eligible for Invalidity Pension (subject to satisfying the relevant medical criteria and social insurance contributions). Those who are substantially restricted in undertaking suitable employment arising from a medical condition may be eligible for the means-tested Disability Allowance (subject to the relevant medical criteria). All recipients of both of these payments are eligible for additional benefits including free travel and the household benefits package.

This Department provides Additional Needs Payments under our Supplementary Welfare Allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

Illness Benefit recipients will benefit from the €12 increase in the maximum weekly rate of this payment from January 2023.

I trust this clarifies the matter for the Deputy.

Transport Costs

Ceisteanna (458)

Claire Kerrane

Ceist:

458. Deputy Claire Kerrane asked the Minister for Social Protection when she expects her Department to complete exploratory work regarding proposals from an organisation (details supplied); if further meetings on this matter will be arranged before the end of 2022; and if she will make a statement on the matter. [53146/22]

Amharc ar fhreagra

Freagraí scríofa

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 1,047,000 customers with direct eligibility. The estimated expenditure on free travel in 2022 is €95 million.

Department officials are currently examining the issues raised by Epilepsy Ireland, along with relevant submissions. This work is still ongoing. I am expecting a report from my officials in the next few weeks and, once this has been completed, further engagement with Epilepsy Ireland.

I hope this clarifies the matter for the Deputy.

Question No. 459 answered with Question No. 443.
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