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Thursday, 27 Oct 2022

Written Answers Nos. 222-241

School Staff

Ceisteanna (222)

Seán Crowe

Ceist:

222. Deputy Seán Crowe asked the Minister for Education the reason that a teacher returning from teaching outside the EU would be denied an application for incremental credit on the basis of having taught in a fee- paying school. [54045/22]

Amharc ar fhreagra

Freagraí scríofa

The criteria for the award of incremental credit to recognised teachers was agreed under the auspices of the Teachers Conciliation Council (TCC). This Council is comprised of representatives of teachers, school management, the Department of Public Expenditure and Reform and the Department of Education. The Council is chaired by an official of the Workplace Relations Commission.

The criteria for the award of incremental credit are laid out in my Department’s Circulars 10/2001 for Primary teachers, 29/2007 and 29/2010 for Post-Primary teachers.

These circulars provide for the award of incremental credit for service given within the EU. While the circulars provide for the award of incremental credit in respect of teaching service in private primary schools outside the EU no provision is made for the award of incremental credit in respect of teaching service given in private post primary schools outside of the European Union.

The teachers' unions have lodged a number of claims at TCC in relation to incremental credit, including one in relation to recognising private teaching service, given by post-primary teachers, outside the EU. TCC agreed to establish a sub-Committee to consider the claims. The claims are still under consideration.

School Accommodation

Ceisteanna (223)

Colm Burke

Ceist:

223. Deputy Colm Burke asked the Minister for Education if the board of management of a school (details supplied) will be entitled to rent additional space in order to accommodate the students in the school in a safe manner; and if she will make a statement on the matter. [54050/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department has no current record of receiving an application for additional accommodation from the school in question.

The purpose of my Department’s Additional School Accommodation (or ASA) scheme is to ensure that essential mainstream classroom accommodation and accommodation for pupils with special education needs is available to cater for pupils enrolled each year, where the need cannot be met by the school’s existing accommodation.

At primary level, this situation generally arises to cater for a school’s accommodation requirements where an additional teaching post has been sanctioned by Teacher Allocation Section, or the requirement for a new class for pupils with special education needs has been identified by the NCSE, and all available alternative accommodation within the school is already being used for classroom purposes.

It is open to the school authority to make an application for additional accommodation through the 'Additional School Accommodation scheme (ASA)' which is available at www.education.ie.

Derelict Sites

Ceisteanna (224)

Thomas Gould

Ceist:

224. Deputy Thomas Gould asked the Minister for Education the number of vacant and derelict buildings respectively by county in the ownership of her Department in tabular form. [54058/22]

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.

Question No. 225 answered with Question No. 215.

Child Abuse

Ceisteanna (226)

Holly Cairns

Ceist:

226. Deputy Holly Cairns asked the Minister for Education the steps that she is taking to ensure that all moneys pledged by religious orders to address the cost of compensation of historical abuse cases have been transferred to the State. [54100/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the 18 religious congregations involved in the management of most of the residential institutions in which child abuse took place have made contributions towards the costs incurred by the State in responding to that abuse under two rounds: the legally binding 2002 Indemnity Agreement and the voluntary offers made in 2009 in the aftermath of the publication of the report of the Commission to Inquire into Child Abuse (the “Ryan Report”).

With regard to the 2002 Indemnity Agreement, the full cash and counselling contributions of €65 million have been paid. The transfer of two properties remain to be fully completed under this round and my Department is engaging actively with the parties concerned to ensure that these transfers are concluded as soon as possible. It should be noted that both properties are already in use by the intended beneficiary.

With regard to the 2009 voluntary offers, cash contributions of approximately €111.53m have been received to date. One further cash contribution is outstanding and will arise from the disposal of a property by the Sisters of Mercy. This property had been in use to facilitate a school building project on a neighbouring site, however, my Department has been informed that the congregation is making arrangements to dispose of the site as the building project is now complete.

In addition, the Deputy may wish to note that there is one property transfer outstanding under the 2009 Voluntary Offers and my Department is engaging on a very regular basis with relevant parties in this regard. As is the case with the properties referred to above, this property is already in use by the intended beneficiary. The Congregation of Christian Brothers is also in the process of transferring its portfolio of playing fields, which it values at €127m, to the Edmund Rice Schools Trust under an arrangement whereby the State will receive 50% of the proceeds arising from the future disposal of any of those properties.

Social Welfare Eligibility

Ceisteanna (227)

Bernard Durkan

Ceist:

227. Deputy Bernard J. Durkan asked the Minister for Social Protection if an application for DCA in the case of a person (details supplied) can be re-examined on the basis of the strong medical evidence already provided; if arrangements can be put in place for an oral hearing; and if she will make a statement on the matter. [54118/22]

Amharc ar fhreagra

Freagraí scríofa

Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16, who has a severe disability or condition and requires ongoing continual or continuous care and attention substantially in excess of that normally required by a child of the same age and the child must be likely to require this level of care and attention for at least 12 consecutive months.

An application for DCA in respect of their child was received from the person concerned on 24 August 2022. A deciding officer did not allow their claim as per decision dated 29 September 2022, as their child was not considered to satisfy the conditions for DCA, based on the information, including the medical evidence, that was provided by the person concerned in their application.

To date, the person concerned has not provided any new or additional information or evidence for further consideration. The Social Welfare Appeals Office (SWAO) has also confirmed that there is no record of a request for an appeal of this decision.

However, on foot of your request for a re-examination of their application, a full review of their application and the Department's decision will be completed by a deciding officer, based on the details that were provided in their completed application form (Dom Care 1), including the signed details from their GP on this form along with all other information and medical evidence that was provided by the person concerned in their application of 24 August 2022. Once the review is completed, the person concerned will be notified directly in writing of the review decision.

A request for an appeal on behalf of the person concerned has also been sent by the Department via email, to the independent SWAO on 25 October 2022.

An Appeals Officer may make a decision based on the written appeal submission and evidence only, or the person concerned may be invited to attend an oral hearing. Alternatively, the person concerned may request an oral hearing in the appeal process.

I hope this clarifies the position for the Deputy.

United Nations

Ceisteanna (228)

Holly Cairns

Ceist:

228. Deputy Holly Cairns asked the Minister for Social Protection her response to the campaign from an organisation (details supplied) highlighting the UN International Day for the Eradication of Poverty. [54097/22]

Amharc ar fhreagra

Freagraí scríofa

The United Nations Day for the Eradication of Poverty, held annually on October 17th, is an important reminder that many people, both internationally and in Ireland, continue to live in poverty.

In Ireland each year there are a series of events to mark the meaning of the day on or around the 17th of October. The day is promoted in Ireland by the 17 October Committee and All Together in Dignity (ATD) Ireland through banners, liaising with interested groups and an annual event that takes place at the Famine Memorial on the quay in Dublin.

Each year my Department provides grants, up to the maximum value of €3,000 per project, for proposals related to the UN Day for the eradication of poverty and its specific theme ‘Respecting the Dignity of all Humanity: End Persistent Poverty’.

Anti-poverty organisations and groups were invited to apply for funding to organise local, regional or national activities to promote the day, with the application process running from 22 July to 19 August.

Following a review of applications, my Department approved funding for 16 initiatives to raise awareness of the Day, the successful applicants covered a wide spectrum and include local community groups, charities and groups representing specific cohorts across Ireland. Projects took various forms, including workshops, community art exhibitions, promotional videos and photoshoots.

Among the initiatives approved for funding was a project undertaken by the Family Resource Centre St Michael's Estate Dublin to highlight the impact of fuel poverty and the choices those living in poverty have to make every day. This project took the form of a double-sided postcard that was then distributed throughout Dublin 8 and surrounding areas.

As Minister of State with responsibility for social inclusion in the Department of Social Protection, I have a strong interest in addressing all forms of poverty and I am fully aware that fuel poverty is a particular concern for many people as we head into this winter.

I was therefore pleased to see the recent post budget analysis by the ESRI that shows the Government’s approach in Budget 2023 to insulating households from the recent rise in energy prices has been effective.

I particularly welcome that the ESRI’s research shows that one-off cost of living measures, introduced as part of the Budget, will substantially cushion real incomes against the rise in the cost of living.

All initiatives that my Department provided funding towards will submit activity reports in the coming period that will provide further details on each specific project. I look forward to receiving all such reports, including that of St Michael's Family Resource Centre.

I would like to take this opportunity to extend my thanks to the organisers of last Monday's event and to each of the groups that have arranged events and activities to highlight this important day.

Social Welfare Benefits

Ceisteanna (229)

Niamh Smyth

Ceist:

229. Deputy Niamh Smyth asked the Minister for Social Protection if she will review a working family payment re-application (details supplied); and if she will provide an update on this matter. [53901/22]

Amharc ar fhreagra

Freagraí scríofa

Working Family Payment (WFP) is an in-work weekly payment which provides additional income support to employees on low earnings with children.

A renewal application for WFP was received from the person concerned on 16th August 2022. Further information was requested by the Department. The person concerned submitted this information, and it was received by the Department on 4th October 2022.

A Deciding Officer reviewed the application, and WFP was awarded on 24th October 2022, from 8th September 2022. The first weekly payment and any arrears due, less any other DSP payment made on their behalf have issued to their selected financial account on 24th October 2022.

The person concerned was notified on 24th October 2022 of this decision.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (230)

Brendan Griffin

Ceist:

230. Deputy Brendan Griffin asked the Minister for Social Protection the entitlements that are available to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [53928/22]

Amharc ar fhreagra

Freagraí scríofa

Disability Allowance (DA) is a means tested payment for people with a specified disability who are aged 16 or over and under the age of 66. The applicant must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect, which has lasted for one year or is expected to last for one year and as a result of which they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications.

I can confirm that the Department received an application for disability allowance (DA) from the person concerned on 14 October 2022.

The application was referred to a social welfare inspector (SWI) on 21 October 2022 for a report on the person’s means and circumstances. Once the SWI has submitted their report to the DA section, a decision will be made on the DA application and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Redundancy Payments

Ceisteanna (231)

Brendan Howlin

Ceist:

231. Deputy Brendan Howlin asked the Minister for Social Protection if she will review the decision in relation to a statutory redundancy entitlement appeal in relation to a person (details supplied) on the basis of fairness; if she agrees that the decision to make an award on the basis of their final work period, during which the person was undergoing intensive treatment for cancer, rather than for their normal working income, should be re-visited; and if she will make a statement on the matter. [53970/22]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that the application for the person concerned was processed by a deciding officer in accordance with the provisions set out in section 19 of the Redundancy Payments Act 1967, as amended.

On the 31st of August 2022 the applicant requested a review of the deciding officer’s decision. The original decision was reviewed, and it was found that the deciding officer had acted in accordance with the relevant legislation and as such the decision was not changed. A response issued to person concerned on the 15th of September outlining this and advising the person concerned that they can appeal this decision with the Workplace Relations Commission (WRC) via their website: www.workplacerelations.ie

I trust this clarifies the matter.

Social Welfare Payments

Ceisteanna (232)

Paul Kehoe

Ceist:

232. Deputy Paul Kehoe asked the Minister for Social Protection when a decision will be made on an allowance payment for a person (details supplied); and if she will make a statement on the matter. [53991/22]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been in receipt of disability allowance (DA) from 2 December 2015. The information requested on 06 October 2022 to have an increase for a qualified adult (IQA) added to their DA was received on 12 October 2022.

I can confirm that, following a review, the person concerned was awarded an IQA and Increase for Qualified Child (IQC) on their DA with effect from 24 August 2022. The first payment at the increased rate will be made by the person's chosen payment method on 02 November 2022. The person concerned was notified in writing of this decision on 24 October 2022.

Arrears of payment due from 24 August 2022 to 01 November 2022 will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments (if applicable).

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (233)

Peter Burke

Ceist:

233. Deputy Peter Burke asked the Minister for Social Protection when a working family payment will be made to a family (details supplied) renewing their application; and if she will make a statement on the matter. [53996/22]

Amharc ar fhreagra

Freagraí scríofa

Working Family Payment (WFP) is an in-work weekly payment which provides additional income support to employees on low earnings with children.

An application for WFP renewal was received from the person concerned on 10th August 2022. Further information was requested by the Department. The person concerned submitted this information, and it was received by the Department.

A Deciding Officer reviewed the application, and WFP was awarded on 24th October 2022, with effect from 20th October 2022(renewal date). The first weekly payment and all arrears owing have issued to their selected financial account on 24th October 2022.

The person concerned was notified on 24th October 2022 of this decision.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (234)

Michael Healy-Rae

Ceist:

234. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will review the case of a person (details supplied) who has applied for carer’s allowance; and if she will make a statement on the matter. [53997/22]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I confirm an application for CA was received from the person concerned on 16 August 2022.

CA was awarded to the person concerned on 25 October 2022 with effect from 7 July 2022.

The first payment will issue to their nominated bank account on 3 November 2022.

Arrears of allowance due from 7 July 2022 to 2 November 2022 will issue in due course.

The person concerned was notified on 25 October 2022 of this decision, the reason for it and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (235)

Louise O'Reilly

Ceist:

235. Deputy Louise O'Reilly asked the Minister for Social Protection if her attention has been drawn to any scheme or funding available to assist a family whose home has been extensively damaged by fire and requires substantial restoration work, who are unable to fund this work and who do not have house insurance; and if she will make a statement on the matter. [54012/22]

Amharc ar fhreagra

Freagraí scríofa

Under the supplementary welfare allowance scheme, the Community Welfare Service of my Department can make income support payments to those in need and make additional needs payments to help meet expenses that a person cannot pay from their weekly income. An additional needs payment 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 the client’s own resources and are deemed to be necessary. 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.

In general, additional needs payments are not intended to cover circumstances where responsibility rests with another Government Department or Agency. In the aftermath of an event such as a house fire, the Local Authority is the lead agency with responsibility for the provision of alternative accommodation if a housing need exists, while many Local Authorities provide loans to owner-occupiers towards the cost of necessary works to repair their homes.

An additional needs payment can be made to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. Where damage has been caused to the basic essential contents following a house fire, assistance may be provided under the additional needs payment with the replacement of items such as carpets, flooring, furniture, household appliances and bedding.

Any person who considers they may have an entitlement to a payment under the supplementary welfare allowance scheme is encouraged to contact their local community welfare service. 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 Eligibility

Ceisteanna (236)

Michael Creed

Ceist:

236. Deputy Michael Creed asked the Minister for Social Protection if an application for fuel allowance has been received from a person (details supplied) in County Cork; and if the applicant will qualify for same; and if she will make a statement on the matter. [54032/22]

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 3 October 2022. Following a means assessment, it was determined that the household means were €716.04 which exceeded the permissible weekly means of €600.30 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. On completion of the necessary operational requirements to implement this budget measure, the Department will announce how and when applications should be undertaken before the end of the year.

I hope this clarifies the position for the Deputy.

Public Sector Pensions

Ceisteanna (237)

Brendan Griffin

Ceist:

237. Deputy Brendan Griffin asked the Minister for Social Protection if community welfare officers who formerly worked under the HSE and paid a 5% contribution between 2011 and 2015 without any apparent benefits will have that payment recognised in their pension entitlements or will be reimbursed the contributions made; and if she will make a statement on the matter. [54038/22]

Amharc ar fhreagra

Freagraí scríofa

In line with Labour Court recommendations LCR 20116, LCR 20117, Community Welfare Officers (CWOs) transferred to the Department of Social Protection on the principle that their existing terms and conditions of employment would neither improve nor diminish by reason of the transfer.

During the course of the negotiations of the Public Service Stability Agreement (2013-2016) the Public Service Executive Union (PSEU) raised grade assimilation issues relating to former CWOs. It was agreed, as part of the aforementioned agreement that the parties would work towards resolving the position regarding the grade assimilation issues within the lifetime of the collective agreement. Arising from talks on the Lansdowne Road Agreement, it was agreed that any anomalies relating to former HSE staff at PSEU member grades would be resolved with effect from 1 January 2016 on the understanding that agreement had been reached between the parties on all outstanding issues related to the matter. These issues included that relating to former HSE staff who were pre-1995 entrants and who paid a pension contribution of 5% which was not paid by other pre-1995 HEOs.

A final decision on the issue of the pension contribution paid by Community Welfare Officers who formerly worked under the HSE and paid a 5% contribution paid between 2011 and 2015 was agreed as part of a number of outstanding items, in the Agreement on the Assimilation of the Pay and Conditions of Former Community Welfare Officer staff. This agreement was agreed between the Department of Public Expenditure & Reform, Department of Social Protection and the Public Service Executive Union (representing CWS) on the 30 September 2015. The terms of the agreement provided among other things that the 5% pension contribution would cease from the 1 January 2016. The pension contribution issue was tied in with a number of other outstanding issues regarding pay, annual leave, etc. On foot of that agreement, with effect from 1 January 2016, the requirement for pre-1995 former HSE staff to pay the pension contribution of 5% was removed and no retrospection applied.

Proceedings on this issue of reimbursement of the pension contributions were listed before Dublin District Court recently. The Department submitted a vigorous defence against the claim and on consent on the 6th October 2022 the case was struck out.

Social Welfare Benefits

Ceisteanna (238)

Brendan Griffin

Ceist:

238. Deputy Brendan Griffin asked the Minister for Social Protection if a carer's benefit payment will be reinstated in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [54063/22]

Amharc ar fhreagra

Freagraí scríofa

Carer's benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.

To qualify, the carer must satisfy PRSI conditions, employment conditions, show that they are providing full-time care and attention and show that the care recipient requires full-time care and attention.

An application for an extension to the CARB claim of the person concerned was received on the 14 October 2022.

CARB was extended from 29 Sept 2022 to 27 Sept 2023 and a decision letter issued to the person concerned on the 25 Oct 2022.

The person concerned will have used up their full entitlement to CARB on 27 Sept 2023 and it is open for them to apply for Carer's Allowance if there is still a requirement for full-time care.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (239)

Brendan Griffin

Ceist:

239. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for carer's allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [54067/22]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for CA was received from the person concerned on 17 October 2022. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (240)

Brendan Griffin

Ceist:

240. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for the carer's support grant by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [54070/22]

Amharc ar fhreagra

Freagraí scríofa

The Carer's Support Grant (CSG) is an annual payment for carers who look after a person in need of full-time care and attention. The payment is made regardless of the carer's means but is subject to certain conditions.

I can confirm that, according to the records of this Department, no application form for a CSG has been received from the person concerned. An application form (CSG1) has been posted to the person concerned today. When the completed application form has been returned, a decision will be made and the person concerned will be notified of the outcome in writing.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Ceisteanna (241)

Bernard Durkan

Ceist:

241. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for household benefits and fuel allowance; and if she will make a statement on the matter. [54116/22]

Amharc ar fhreagra

Freagraí scríofa

The Household Benefits Package is a set of allowances which help with the costs of running a household. It includes allowances towards electricity or gas costs as well as a television licence.

An application form for the Household Benefits Package has issued to the person concerned. Alternatively, the person concerned can apply online for their Household Benefits Package on www.mywelfare.ie if they have a Public Services Card (PSC) and a verified MyGovID account. On receipt of a completed application, the person's entitlement will be examined and they will be notified, in writing, of the outcome.

Fuel Allowance applications are processed by the scheme or office which administers an applicant's primary payment. In the case of the person concerned, the Community Welfare Service administers their primary payment and has issued an application form for completion. On return, the person's entitlement to Fuel Allowance will be examined and they will be notified of the outcome.

I hope this clarifies the matter for the Deputy.

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